HomeMy WebLinkAboutCHRISTIANSEN & SERGI Notice to APPUUAW/TOW' K and Certification of Ac of Planning Board
an Definitive Subdivisi ,. Plan entitled: Wi ndk;st Farm- _
By: Christiansen & Ser g.i dated ,Tune 6 , 19 �
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for ttie con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. C. 41, S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
k. 'Other .conditions:
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See attached. G
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In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
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NORTH ANDOVER PLANNING BOARD
Date; October 24,.TD96 By;
oseph V. Mahoney, hairman
FORM CEtI`
• � ,�9Y�CE ��.�c` �A�1
APPLICATION FOR APPROVAL OF DEFINITIVE PLA91
July 1i , LP 19 996
To the Planning Board of the Town of•North Andover:
The undersigned, being the applicant as defined under Chapter 41., Section
81--L, for approval of a proposed subdivision shown on a plan entitled
Definitive Subdivision Plan "Windkist Farms"
by CHristiansen & Sergi, Inc. dated June 6, 1996
being land bounded as follows: Boston Street, Land of N/F:Petraila, Andover Sportsmen's
Club,Loyall, Middleton Road R.T. , Zolot, Hekimian, Hoerner, Leavitt, Hart, Bragen
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to -the
Board for approval of said plan. 4528 241
Title Reference: North Essex Deeds, Book 4528 262, Page ; or
Certificate of Title No.
�, Registration Book �, paga ,�; or
Other:
Said plan has(X) has not(-) evolved from a preliminary plan submitted to
the Board of Marrh 5 _19 96 and approved (with modifications) (� )
disapproved ( ) on April 9 , 19 gam.
The undersigned hereby applies -for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
:Rules and Regulations. The undersigned hereby further covenants and agrees
va.th the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall.be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof. .�
Received by Town Clerk:
-Date: S gnat a of Applicant
Barin Realty Trust
Time:
44 Great Pond Drive
Signature: Address
Boxford, MA 01921
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Windkist Farms Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision Approval for an eighteen (18) lot
subdivision known as Windkist Farms. This application was submitted by Robert Messina, Barina
Realty Trust, 44 Great Pond Drive, Boxford, MA 01921 on July 17, 1996. The area is located in a
Residential-2 Zone off of Boston Street.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan, dated June 6, 1996,rev. 9/11/96 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. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) The following items must be added to the plan:
i) slope stabilization matting or webbing on the slopes in the detention basin.
ii) water main easement following a lot he at the end of the cul-de-sac to the
property owned by the Andover Sportsmen Club.
iii) limit of clearing along the rear of the lots.
b) The applicant shall post(per agreement with the North Andover Planning Board)a Site
Opening Guarantee in the amount of fifteen thousand ($15,000) dollars to be held by
the Town of North Andover. The Guarantee shall be in the form of a check made
payable to the Town of North Andover and will be placed in an interest bearing escrow
account. This amount shall cover any contingencies that might affect the public welfare
such as site-opening, clearing, erosion control,and performance of any other condition
contained herein, prior to the posting of the Performance Security described in
Condition 3(d). This Site Opening Guarantee may at the discretion of the Planning
Board be rolled over the cover other bonding considerations, be released in full, or
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partially retained in accordance with the recommendation of the Planning Staff and as
directed by the vote of the North Andover Planning Board.
c) The applicant must meet with the Town Planner in order to ensure that the plans
conform with the Board's decision.
d) A detailed construction schedule must be submitted as part of the plans.
e) A covenant (FORM n securing all 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 3(d).
f) Executed right of way dedication easements for the proposed roadway shall be
provided to the Planning Office at the applicant's expense.
g) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision. The Board will sign the document and it must be
recorded at the Essex North Registry of Deeds.
h) All drainage, water, and sewage facility designs shall be approved by the North
Andover Division of Public Works. Provisions for water intrusion mitigation shall be
included in the design. The applicant should discuss this issue with the D.P.W.
i) All application fees must be paid in full and verified by the Town Planner.
j) A full set of final plans reflecting the changes outlined above, must be submitted to the
Town Planner for review endorsement by the Planning Board, within ninety(90) days
of filing the decision with the Town Clerk.
k) The Subdivision Decision for this project must appear on the mylars.
1) 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.
m) Endorsement of the plans is proof of satisfaction of the above conditions.
2. Prior to any work on site:
a) Additional soil testing must be performed in the area of the infiltration system. If soil
tests are unfavorable, the intersection drainage will be redesigned and reviewed by the
DPW before construction can begin.
b) All erosion control must be in place and reviewed by the Town Planner.
3. Prior to any lots being released from the statutory covenants:
a) All lots must be approved by the Board of Health. The Board of Health has
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determined at this time, due to a lack of testing that Lots 4, 5, 8, 11, 12, 13, 14, 15, 16,
17, and 18 cannot be used for building sites without further testing. No building or
structure shall be placed upon these lots without the consent of the Board of Health.
b) A complete set of signed plans, a copy of the Planning Board decision, and a copy of
the Conservation Commission Order of Condition must be on file at the Division of
Public Works prior to issuance of permits for connections to utilities. The subdivision
construction and installation shall in all respects conform to the rules and regulations
and specifications of the Division of Public Works.
c) 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. The Town Planning Staff
shall determine whether the applicant has satisfied the requirements of this provision
prior to each lot release and shall report to the Planning Board prior to a vote to release
said lot.
d) The applicant must submit a lot release FORM J to the Planning Board for signature.
e) A Performance Security (Roadway Bond) in an amount to be determined by the
Planning Board, upon the recommendation of the Department of Public Works, 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 of a check made out to
the Town of North Andover. This check will then be placed in an interest bearing
escrow account held by the Town. Items covered by the Bond may include, but shall
not be limited to:
i) as-built drawings
ii) sewers and utilities
in) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
viii) final site cleanup
fl Three (3) complete copies of the endorsed and recorded plans and two (2) certified
copies of the recorded subdivision approval, Covenant (FORM I), Right of Way
easements, and FORM M must be submitted to the Town Planner as proof of
recording.
4. The water line must extend from Old Cart Way the full length of Boston Street to the site.
5. Prior to a FORM U verification for an individual lot,the following information is required by
the Planning Department:
a) The applicant must submit to the Town Planner a certified copy of the recorded FORM
J referred to in Condition 3(c)above, a proof of recording with the Registry of Deeds
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office.
b) A plot plan for the lot in question must be submitted, which includes all 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 and any 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 appropriate erosion control measures for the lot shall be in place. Final
determination of appropriate measures shall be made by the Planning Board or Staff.
d) All catch basins shall be protected and maintained with hay bales to prevent siltation
into the drain lines during construction.
e) The lot in question shall be staked in the field. The location of any major departures
from the plan must be shown. The Town Planner shall verify this information.
fl Lot numbers,visible from the roadways must be posted on all lots.
6. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall
be required:
a) A stop sign must be placed at end of Windkist Farms Road where it intersects with
Boston Street.
b) Sprinkler systems must be installed under the direction of the Fire Department.
Sprinkler systems are required in return for a waiver on the length of the roadway.
(See Condition 16(a))
c) 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.
d) All necessary permits and approvals for the lot in question shall be obtained from the
North Andover Board of Health, and Conservation Commission.
e) Permanent house numbers must be posted on dwellings and be visible from the road.
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f j All slopes on the lot in question shall be stabilized, as solely determined by the Planning
Department in regards to erosion,water run off, and safety.
g) The lot must be raked, loamed and seeded, sodded,or mulched if the weather does not
permit seeding or sodding.
h) 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 owners expense if such driveway is at a catch
basin or stone bound position.
i) The Planning Board reserves the right to review the site after construction is complete
and require additional site screening as it deems necessary and reasonable.
7. Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a) The 1000 foot fence along the boundary with the Andover Sportman's Club to provide
a barrier to the archery range must be constructed per agreement with the Andover
Sportsman's Club.
b) An as-built plan and profile of the site shall be submitted for review and approval.
c) 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.
d) The Town Planner shall ensure that all Planning, Conservation Commission, Board of
Health and Division of Public Works requirements are satisfied and that construction
was in strict compliance with all approved plans and conditions.
8. The sewer extension for the subdivision will be subject to the policies of the Division of Public
Works regarding the mitigation of groundwater infiltration into the existing sewers.
9. 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 structures. Any lighting used for the entrance signs must be removed prior to
acceptance of the subdivision by the Town.
10. The applicant shall adhere to the following requirements of the Fire Department:
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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
Conservation Commission,
11. There shall be no burying or dumping of construction material on site.
12. The location of any stump dumps on site must be pre-approved by the Planning Board.
13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
15. 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.
16. The following waivers have been granted by the Planning Board:
a) Section 7(A)(4)(a) Dead end streets: The proposed roadway is longer than eight
hundred (800) feet in length. This waiver is granted because a through street is not
feasible due to the steep slopes. The applicant has agreed to install sprinkler systems in
return for the granting of this waiver.
b) Section 7(A)(3)Grade: A small section of the roadway near Boston Street has a grade
of 8%. Grades greater than 6% are allowed upon receiving a recommendation from
DPW regarding the advisability of increasing the grade allowed to extensive cutting
and filling, maintenance,expected level of traffic and public safety considerations.
c) These waivers have been granted in an effort to minimise the amount of cutting and
filling required on site thereby decreasing the amount of erosion and siltation.
17. The! utilities must be installed and the streets or ways constructed to binder coat by
(two years from the date permit granted). If the utilities are not installed, the
streets or ways are not constructed to binder coat and an extension has not been granted by the
Planning Board by the above referenced date, this definitive subdivision approval will be
deemed to have lapsed.
18. This Definitive Subdivision approval is based upon the following information:
Plan titled: Definitive Subdivision Plan"Windkist Farms"
Located in North Andover,MA
Record Owners: Barina Realty Trust
44 Great Pond Drive
Boxford,MA
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Patricia Lambert
550 Boston Street
North Andover,MA
Applicant: Baring Realty Trust
44 Great Pond Drive
Boxford,MA
Prepared by: Christiansen& Sergi
160 Summer Street
Haverhill,MA 01830
Dated: June 6, 1996,rev. 9/11/96
Sheets: 1 through 10
Report titled: Soil Evaluator Forms
Windkist Farms
Boston Street
North Andover,MA 01845
Date: 6/19/96
Prepared for: Messina Development Corp.
44 Great Pond Drive
Boxford,MA 01921
Report titled: Drainage Report
Dated: June 15, 1996,rev. August 26, 1996
Prepared for: Barina Realty Trust
44 Great Pond Drive
Boxford,MA 01921
Prepared by: Christainsen& Sergi
160 Summer Street
Haverhill,Massachusetts 01830
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Windkist Farms Subdivision
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