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HomeMy WebLinkAboutMiscellaneous - 1275 TURNPIKE STREET 4/30/2018 (12)it, .k s y�. TONN CLII�A and Certification of Ac047",-Ap tion or Planning Board ^�Boston Hill Subdivision e^ �aoIIDe ini'tdveSubdivi"=ion Plan entitled: OW By: = D6yellis Associates, Inc. dated December 7 , iq 97 The North Andover Planning Board has voted to APPRM said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant runn .ng with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sua- division, all as provided by G.L. c. 41, S. 81-U. 2. That all such con=traction and installations shall in all respects conform to the gover..ing rules and regulations of this Board. 3. That, as recuired by the North Andover Board of Health in its reoor, to this Board, no building or other structure shall be built or placed upon Lots No. 1-3 as shown an said Plan without the prior consent of said Board of Health. 4. Other conditions: �' L o N �pC7� T W� See Attached:��'-' —�� N) n"" y In the event that no appeal shall have been taken from said approval within `twenty days from this date, the North Andover Planning Board +rill forthwith thereafter endorse its formal approval upon said plan. VThee rth over �a�=ng B ha I_S`, RGVnD aid , fort llo e Ons: NORTH ANDOM PLAMMU BOARD Date : �! G 2�) c � Richard S. Row'en 80 d•. , zvS6 e89 8oS - naa -tu00 Aanopuy 47I,-A0N d t Z : E70 L6-EO-�aa _ •• Win, y x,•: k r a Easements must include the stone swale, the existing brook, and the 12" C and extend to the headwall at Route 114. .,/,The existing 12" CMP must be added to the drainage pipe layout plan. c) The proposed detention basin must be designed consistent with the guidelines and information published y the ASCE in "Design and Construction of Urban Stormwater Management Systems" as applicable. d) A Development Schedule must be submitted which conforms to both Sections 4.2 and Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. e) The final subdivision plans must be reviewed and approved by the outside consultant, the Plannin_ g�epartment and D.P.W. CO.) A covenant (FORM I) 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 4(d). g) The applicant must submit to the Town Planner a FORM ivI for all utilities and easements placed on the subdivision. h) All application fees must be paid in full and verified by the Town Planner. i) e applicant must meet with the Town Planner in 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 Board, within ninety (90) .days of filing the decision with the Town Clerk. .YThe Subdivision Decision for this project must appear on the mylars. k) 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 the site, a) The applicant must demonstrate that the corner of Rt. 114 and Johnson Street will not flood as a result of the proposed construction. b) The applicant must%submit sufficient proof as determined by the North Andover Planning Board to the Board that the Massachusetts Department of Environmental Protection and the Fa vim' Nf 4 i Town of North Andover has allowed the connection of the 3 house lots to the sewer system c) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on theplan. The Planning Staff must be contacted prior to any cutting and or clearing on site. d) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. 4) Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of the following documents: recorded subdivision approval, recorded Covenant (FORINT I), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control measures required to protect offsite properties from the erects 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. c) The applicant must submit a lot release FORM .I to the Planning Board for signature. d) A Performance Security 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 iii) 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 5) Prior to a FORM U verification for anindividual lot, the following information is required by the Planning Department: a) The Planning Board will review the status of the Subdivision and vote to verify FORM U applications as appropriate and in conformance with this decision.. M ��t k 3 b) If a: sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked. at a minimum c) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c) above. d) 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, Q 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, vii )Location of any drainage, utility and other easements. e) All appropriate erosion control measures for the lot shall bein place. The Planning Board or Staff shall make final determination of appropriate measures. 0 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) 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. 4 7) 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 f6r 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. 8) The Applicant 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. 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. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 10) 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 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 5 be subject to modification by the Planning Board. 16) The utilities must be installed and the streets or ways constructed to binder coat i 2 (D (eight years from the date permit granted). If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 17) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: - a) Plan titled: Boston Hill Subdivision Definitive Subdivisions Plan North Andover, Massachusetts Dated: December 7, 1998 last revised March 30, 1998 Owner/Applicant: Boston Ski Hill Area, Inc. P.O. Box 438 Rye Beach, NH 03871 Civil Engineer: DeVellis Associates, Inc. 2310 Washington Street, Suite 320 Newton Lower Falls, MA 02162 Land Surveyors: Scott L. Giles, R.P.L.S. 50 Deer Meadow Road North Andover, MA 01845 Sheets: 1 — 6 b) Report titled: Drainage Report and Statement of Environmental Impact Boston Ski Hill Definitive Subdivision Boston Ski Hill/Turnpike Street (Route 114) North Andover, Massachusetts Prepared for: Boston Ski Hill Area, Inc. Prepared by: DeVellis Associates, Inc. 2310 Washington Street, Suite 320 2310 Newton Lower Falls, MA 02162 Dated: December 1997 last revised March 9, 1998 Conservation Administrator Director.of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor N Bk 4932 PB 126 CLERK s CERTIFICATE OF INCUMBENCY In witness whereof, the undersigned has set his hand and seal hereto as his free and act and deed with the knowledge that the staterrmts and representations contained herein PM12:33 relied on by Boston Hill Development, LLC. r t December 30, 1997 David R. Sullivan, Clerk - I ;. The undarsigrted, David R. Sullivan, as Clerk of Boston Hill Sid Area, Inc., a 1� ti ' connection with the sale of certain owned b the corporation, m p�Y Y Corporation and located an Route 114, in North Andover, Massacituseft as mace particularly i described in the Offer to Purchase Real Estate dated November 7, 1997 by and between the Corporation and Anthony Mesio (the "Property") to Boston 10 Development, LLC, as the P;., designee of Anthony Mesiti do hereby certify and attest to Boston Hill Development, LLC as follows: 1. Robert W. Dunn, who's signature appears below, is the Sole Director, President and Treasurer of the Corporation. I Robert W Dunn bas been duly authorized and empowered, by the unanimous action of the Shareholder and Director of the Corporation, to execute and deliver an behalf of the Corporation, all deeds, agreements, documents, cutiticates and other instruments which may be required or advisable in connection with the transfer of tide to the property to Boston MU Development, LLC in accordance with the above referenced agreement and the definitive R --base and Sale Agreement between the Corporation and Anthony Mesiti. 3. Robert W. Dunn has been duly authorized to consent to the use of the name Boston Hill Development, LLC by Anthony Mein to establish a limited liability company of the same name. In witness whereof, the undersigned has set his hand and seal hereto as his free and act and deed with the knowledge that the staterrmts and representations contained herein PM12:33 relied on by Boston Hill Development, LLC. r t December 30, 1997 David R. Sullivan, Clerk - I ;. 8 E t , QurrCLAIM DEED GK 4932 PG 127 ', o • r. Boston l� Ski Area, Inc., A Massachusettscorporation duly established under the !anus of the r of Maasachtreetts, located at Turnpike Stns, North Andover, for _,e:idsadon and in full consideration of Eight Hundred Tbonsand ($800!000.00) Dollars Yti •. 'iBoalOn RM DwdoptocM LLC a Massachusetts limited liability company with its mailing .� �addres of I I Old Boston Road. Tewksbury, MusadmSetts 01876 `4, ---`with Q(ATCLA M COVENANTS the following described property which is in three (3) r+ _jptieeda oa the westerly aide of Salem Turnpike, otherwise !mown as Route 114, in said North ;Andover, and -u shown Plan mumbered 5.000, recorded May 8, 1964 in Es= North District Registry of Deeds and designated ns 'Plan of a Portion of Land of lour C. Farnnm. .-: North Andover, Mass., Prepared for Boston .Ski Development Corp.. Route 114, North Andover. by Raymond C. Preasey, Ina, Registered Land Surveyors'. a Parcel l is bounded and described as follows: a JAN 2198F%12:33 two hundred thirty (230) fat, mote or less, by a stone wall; six hundred thirty (630) fat. more or less; Ithree hundred (300) fat, more or less, the last three bounds all by land now owned by the grantor; but more WESTERLY. in a curved line in three courses. o p hundred twenty-three (123) fahu t, more or less, one ndred f five (145) feet, more or less, and four hundred sixty ( more or les. by land now or formerly of the grantor; by the stone wall and land now or formerly of William 3 nine hundred ninety-eight (998) fat, more or leu. The Northwesterly corner is at a corner in the stone wall twelve hundred (1,200) fat. more or less. from the Salem Turnpike. Parcel 2 consists of all the right. tick and interest the Vw= may have in the following premises. contiguous to Parcel 1, and is bounded and described as follows: Beginning at the Northwesterly corm of the premiss previously described as Parcel 1, thence running: fifty (50) fat by Parcel 1, to the comer of the stone wall; thence W-1119 And rul-ing Gk 4932 PG 128 i : by a atone wall five hundred twenty (520) feet. more or las, by Ind now or formerly of William Sheridan to Chestnut Strew and the comer of a atone wall; thence turning and running NORTHERLY: fifty (50) fees, more or less. by said stone wall to Chestnut Street, as shown on said plan, to a corer of a stone wall: there turning �} it am running five hundred tat ng F�B�Y: (510) fat, more or las, ale said crone wall, to the point of beginning. tl it The total area of Parcels 1 and 2 corrin approximately ten (10) acres, more or las, these parcels 1 and 2 intended to be the remainder of the thirty-three (33) Acm, more or less, shown �•; P• on the said plan numbered 5,000, being described thereon as 'Area of Proposed Amendment from Rtual Reakkmx to General Business'. tie balance of which ares is Auther described bacon as Parcel 3. Parcel 3 is bounded and described as follows: 1 Parcel 3: The premises beginning at a point being the southeasterly corner of the premises described on said plan numbered 5,000, thence running: MORTH�R�ILi: by said Salem Turnpike thirteen hundred sixty (1,360) feet, more or las, to a stone wall by land now or formerly of Margaret R. Simon; thence turning and running NORTHWESTERLY: but more WESTERLY: by said land now or formerly of Margaret R. Simon, and by land now or formerly of William Sheridan, nine hundred seventy (970) f: feet, more or less. along a atone wall and A:ace; thence turning and rnoniag i' f S[)t tTHF s S fT4I v but more SOUTHERLY: by land of John C. Farrutm, also (mown as John C. Farnham, six bundred ihM (630) feet, more or less. by Parcel 1 to otber premises of said John C. FuTium, alias. baetofore leased to the ii �i. Maacachueus Institute f Th tute oecnol sogy, ratite of which lease is ' h.:. recorded with Essex North District Registry of Dads, Book 851, Page 401: thence turning and running u:ArTt:lit u Y: by said other premises of John C. Farman, alias. three hundred (300) fees, more or less; thence turning and running SOfTTNFAST• four hundred (400) feet, mare or less; SOUTH RASMIX: but more FAY: three hundred sixty-five (363) feet, more or less; StNTr irRASTFaT Y• but mate Y: two hundred (200) fret, more or less; and EASTERLY: three hundred seventy-five (375) feet, more or less. to the point i., of beginning. 2 GK 4932 PG 129 All of the three boundaries aro by land now or formerly of John C. Farman, alias. The above descr>'bed premn a are shown on Essex North District Registry of Deeds Flan No. 5000 as containing 33 acrea, more or less, being located on the westerly side of Salem Turnpike. Rt. 114. The above dc=IW Parcel 1, Parcel 2. and Parol 3 (in addition to being shown on Flan No. 5000) are also more particularly shown on a certain plan of land entitled 'Subdivision of Land. Boston Hill Ski Area, Inc. in North Andover, MA, Toon Land Consultanu, Inc., dated 11130/87, sale 1'-80 feet, sheet I of 11, said sheet being recorded as part of Pian No. 11432 with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed parcel as being comprised of Lot 1 (5.6 acres), La 2 (13.5 acres), Lot 3 (13.7 acres) along with the roadway (unnamed and containing .33 acrd). As stated in Note F of said Plan No. 11432, the total parcel area is 33.35 acres, and reference may be had to said plan 11432 for a more particular description of the above -referenced parcel. Being the same premises conveyed to the dramor by deed of John C. Farman, also known as John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182, Page 132. IN WITNESS Will MF, the said Baton Hill Ski Area. Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in its tame and behalf by Robert Duan, its President and Trmvxu hereto duly authorized, as of the Zr�dsy of 19f Baton Hill Ski Ana, Inc. ��: • N By. Robert Dum, President and Treasurer 3