HomeMy WebLinkAboutCAMPBELL FOREST LLC (3) Town of North Andover of NORTH
OFFICE OF 'RECEIVED �_ <<«E° do p
COMMUNITY DEVELOPMENT AND SWRKAW
27 Charles Street NORTH ANDOVER
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North Andover' Massachusetts 01845 SS
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WILLIAM J. scorn Nqq DEC 28 P 1: 51 9SSAcmuSEi
Director
(978)688-9531 NOTICE OF DECISION Fax(978)688-9542
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Date
Date of Hearing ncf_
Petition of C�.rc,T� ( ''x a,sX LL-6-
Premises
LLPremises affected_ C3ne�e
Referring to the above petition for a special permit from the requirements of the
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so as to allow A c c e-,�,s �n Lu+ - (}vim aija i_en i Iot 3
A G<_ c�4 a LOT 57o�ar C c�i a CD± �0-r Z-4
After a public hearing given on the above date,the Planning Board voted
to A P P ROV t he ',pd m l_j- Ac-e,5S he `l�lo�rt o�(e�
-rhe L-e ora 1 'Pux\ aHe-
based upon the following conditions:
Signed
CC: Director of Public Works Alison 1%Lescarbeau,Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles, Clerk
Police Chief
Fire Chief Richard S.Rowen
Applicant
Engineer Richard Nardella
Towns Outside Consultant
File Planning Board
Interested Parties
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Lots 1 & 5 Stonewedge Circle
Special Permit Approval-Access other than over the legal frontage
The Planning Board makes the following findings regarding the application of Campbell Forest,
LLC, 231 Sutton Street, Suite 217, North Andover,MA 01845, dated October 15, 1999
requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow
access to Lot 1 —Stonewedge Circle over the adjacent lot, Lot 3; and to allow access to Lot 5 —
Stonewedge Circle, over its adjacent lot, Lot 4, owned by Campbell Forest,LLC, 231 Sutton
Street, Suite 2F,North Andover,MA 01845.
FINDINGS OF FACT:
1. A large area of wetland covers the entire frontage of Lot 5 and Lot 1.
2. Access other than legal frontage to these lots will create less impact on the wetland area
therefore the location is appropriate; the driveway will not affect the neighborhood, and will
not create a hazard to vehicles or pedestrians.
3. This application will have less impervious area than the original subdivision which was
approved and depicted common driveways, instead of the new roadway proposed,
Stonewedge Circle. This plan reduces the impact to the wetland area by approximately 250
feet.
4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the
Special Permit Application.
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:
1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of
this decision are the following plans:
Plans titled: Definitive Residential Subdivision
Stonewedge Circle—N. Andover,MA
Prepared For: Campbell Forest,LLC
Prepared by: Engineering Alliance, Inc.
196 Central Street
Saugus,MA 01906
Scale: 1"=40'
Plan Date: 9/28/99
a) The Town Planner must approve any changes made to these plans. Any changes
deemed substantial by the Town Planner will require a public hearing and a
modification by the Planning Board.
b) Easements pertaining to the rights of access for and agreements pertaining to the
maintenance of the driveway must be recorded with the Registry of Deeds and a
certified copy of the recorded document filed with the Planning Office.
2. Prior to any site disturbance:
a) All appropriate erosion control devices must be in place and reviewed by the Town
Planner.
b) The decision of the Planning Board must be recorded at the North Essex Registry
of Deeds and a certified copy of the recorded decision must be submitted to the
Planning Office.
c) Tree clearing must be kept to a minimum. The area to be cleared must be
reviewed by the Town Planner.
3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
4. Gas,telephone, cable, and electric utilities shall be installed as specified by the respective
utility companies.
5. No open burning shall be done except as is permitted during the burning season under the
Fire Department regulations.
6. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
7. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
8. This permit shall be deemed to have lapsed after a two- (2)year period from the date on
which the Special Permit was granted unless substanti 1 use or construction has
commenced. Therefore the permit will lapse on Z, Z
Town Of North AndoverRECEIVED f NORTH ,
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01RCE OF JOYCE Rg��,ppSHAW 3� q� ,,
COMMUNITY DEVELOPMENT AND SEW F, RK p
NORTH ANDOVER
27 Charles Street
North Andover, Massachusetts 01845 PM DEC 28 P 1: 58
WILLIAM J. SCOTT �SSACHU
Director
(978)688-9531 Fax(978)688-9542
NOTICE OF DECISION
Any-appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date 1-')(!?L 2S 199 q
Date of Hearing___LEr_ 21 i IRgg
Petition of L^c,i\ Fr-,re_S+ (-L.0
Premises affected 1AQQCA,� QP ;r�►�
Referring to the above petition for a Subdivision from the requirements of the
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,k �L U
so as to allow St X
c-A� r�k (,.)P b-jt-r Oon& Lane.
After a public hearing given on the above date, the Planning Board voted
to APPR01AF- the De -jn'yhje SUh&14`i;Skw1—
based upon the following conditions:
Signed 00- „ u kz)=44'cur
CC: Director of Public Works .Alison Lescarbeau,Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles,Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties
Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Stonewedge Circle Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a six(6)lot subdivision„ known as
Stonewedge Circle. CampbellForest,LLC,231 Sutton Street;Suite 2F, Nor(h Andover;MA 01845
submitted this application on October 15, 1999. The area affected is located off of Webster Woods Lane
in the R-2 Zoning District,Map 2101106B Lots 1-5.
The Planning Board makes the following findings as required by the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plan,dated 9/28/99,includes all of the information indicated in Section 3 of the
Rules and Regulations concerning the procedure for the submission of plans.
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules
and Regulations.
C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control
Law.
D. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law,town by-laws and insure the public health,safety
and welfare of the town.
Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements
so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be
available upon four(4)hours'notice to inspect the site with the Planning Board designated official. The
Environmental Monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of non-
compliance,if any and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Site Opening Bond in the amount of ten thousand($10,000)dollars to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made out
to the Town of North Andover that will be placed into an interest bearing escrow account.A
covenant(FORM 1)securing an lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board Said lots may be released from the
covenant upon posting of security as requested in Condition 5(d).
b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed
on the subdivision.
c) All application fees must be paid in full and verified by the Town Planner.
d) The applicant must meet with the Town Planner m order to ensure that the plans conform to the
Board's decision.A full set of final plans reflecting the changes outlined above,must be
submitted to the Town Planner for review endorsement by the Planning Boaud within ninety(90)
days of filing the decision with the Town Clerk
e) The Subdivision Decision for this project must appear on the mylars.
f) All documents shall be prepared at the expense of the applicant,as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land
3) Prior to ANY WORK on, :
a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on
the plan. The Plarming Staff must be contacted prior to any cutting and or clearing on site.
b) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be m place and.reviewed by the Town Planner
4) THROUGHOUT AND DURING CONSTRUCTION:
a) Dust mitigation and roadway cleaning must be performed weekly,or as deemed necessary by the
Town Planner, throughout the construction process.
b) Street sweeping must a performed,at least once per month,throughout the construction process.
c) Hours of operation during construction are 7a-m--5 p.m.,Monday through Friday,and Saturday,8
a.m.—5 p.m.
5) Prior to any lots being relead from the statutory covenants:
a) Three(3)complete copies of endorsedandrecorded subdivision plans and one(1)certified.copy
of the following documents:recorded subdivision approval,recorded Covenant(FORM 1),and
recorded FORM M must be submitted to the Town Planner as proof of recording.
b) All site erosion control measures required to protect off site properties from the effects of work on the
lot proposed to be released must be in place.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
d) A Performance Security in an amount to be determined by the Planning-Board, shall be posted to
ensure completion of the work in accordance with the Plans approved as part of this conditional
approval. The bond must be in the form acceptable to the North Andover Planning Board. Items
covered by the Bond may include,but shall not be limited to:
i) as-built drawings
ii) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
vin)final site cleanup
6) Prior to a FORM—Vverification for an individual lgt;the following information is required by the
Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(c)
above.
b) A plot plan for the lot in question must be submitter,whichincludesA of the following:
i) location of the structure,
ii) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands amiany site improvements required under-a NACC order of condition,
vi) any grading called for on the lot,
vii) all required zoning setbacks,
viii)Location of any drainage,utility and other easements.
c) All p .pria erosionmcontrol measures for In be in place.The Planning Board or-Staff
d) Lot numbers,visible from the roadways must be posted on all lots.
7) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to
further construction activities associated with the site,the applicant shall have a plan prepared by a Registered"
Professional Land Surveyor(R.P.L.S.)which accurately dents the foundation location and its proximity to
wetland resource areas as shown on the approved Definitive Subdivision Plan dated 9/28/99. Saidplan shall
be submitted to the Town Planner for review to verify that the setback limits to wetland resource areas have
been met.
8) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required:
a) The roadway must be constructed to at least binder coat of pavement to properly access the lot in
question. Prior to construction of the binder coat,the applicant shall ensure that all required inspection
and testing of water,sewer,and drainage facilities has been completed. The applicant must submit to
the Town Planner an interim as-built;certified by a professional engineer,verifying that all utilities
have been installed in accordance with the plans and profile sheet
b) All necessary permits and approvals for the lot in question shall be obtained from the North Andover
Board of Health,and Conservation Commission.
c) Permanent house numbers must be posted on dwellings and be visible from the road.
d) There shall be no driveways placed where stone bound monuments and(or catch basins are to be set
It shall be the developer's responsibility to assure the proper placement of the driveways regardless of
whether individual lots are sold The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
e) The sidewalk to be constructed in front of a lot must be graveled and staked at a minimum
9) Prior to the final release of security retained for the site by the Town,the following shall be completed
by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for
review and approval.
b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a
warrant for such petition the applicant shall review the subdivision and all remaining work with the
Town Planner and Department of Public Works.The Planning Board shall hold a portion of the
subdivision bond for continued maintenance and[operations until such time as Town Meeting has
accepted(or rejected in favor of private ownership)the roadways.It shall be the developer's
responsibility to insure that all proper easements have been recorded at the Registry of Deeds.
10) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of
Public Works requirements are satisfied and that construction was m strict compliance with all approved
plans and conditions.
11) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit
as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structuress. The
applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision.
12) The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute
and only with the review and approval of the Fire Department and Conservatism Commission.
13) There shall be no burying or dumping of construction material on site.
14) The locution of any stump dumps on site must bepre-moved by the Planning Board.
15) The contractor-shall contact Dig Safe at least 72 hours prior to commencing any excavation.
16) Gas,Telephone,Cable,and Electric utilities shall be installed as specified by the respective utility
companies.
17) Any action by a Town Board,Commission,or Department which requires changes in the roadway
alignment,placement of any easements or utilities,drainage facilities,grading or no cut lines,may be
subject to modification by the Planning Board
18) The utilities must be installed and the streets or ways constructed to binder coat-TW- C) years from this
approval.If the utilities are not installed,the streets or ways are not constructed to binder coat and the
Planning Board has not granted an extensionby the above referenced date,this definitive subdivision
approval will be deemed to have lapsed.
19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated
into this decision by reference:
a) Plan titled: Definitive Residential Subdivision-Stonewedge Circle
Prepared for Campbell Forest,LLC
231 Sutton Street,Suite 2F, North Andover,Massachusetts
Dated: September 28, 1999
Owner/Applicant:Campbell Forest,LLC
231 Sutton Street,Suite 2F
North Andover,MA 01845
Civil Engineer: Engineering Alliance,Inc.
196 Central Street
Saugus,MA 01906
Sheets: 1—9
b) Report titled: Stormwater Management Plan for
Modification to a Residential Subdivision—Campbell Forest
North Andover,MA
Prepared for: Campbell Forest,LLC
231 Sutton Street,Suite 2F
North Andover,MA
Dated: 10/8/99
Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File