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HomeMy WebLinkAboutMiscellaneous - 415 WAVERLY ROAD 4/30/2018Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision Telephone (978) 688-9535 Fax (978) 688-9542 N o C 0 C = -ZtMM Cr Dn�M Date: July 16, 2001 Date of Hearing: May 22,01, June 5, 2001, June 19, 200141f' July ){i, 2001 Petition of: Right Now Realty Trust P.O. Box 985 Kingston, NH 03848 and MPD Realty Trust 415 Waverly Road North Andover, MA 01845 Premises Affected: Waverly Road, North Andover, MA Referring to the above petition for a Definitive Subdivision. The application was determined ,to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law"). So as to allow: for a five (5) lot subdivision with three (3) new homes known as Delucia/ Way After a public hearing given on the above date, the Planning Board voted to APPROVE, the Definitive Subdivision, based upon the following conditions: Cc: Applicant Enginjeer Abutters DPW Building Department Conservation Department ZBA Health Department Signed: John Sini4s,thalfrman Alberto A gles, Vice Chairman Richard Nardella, Clerk Alison Lescarbeau til Richard Rowen BOARD OF APPEALS 688-9541 BUILDENG 688-9545 CONSERVATION 688-9530 DEALTH 688-9540 PLANNING 688-9535 M Delucia Way Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a five (5) lot subdivision with three new homes known as Delucia Way Definitive Plan. Right Now Realty Trust, P.O. Box 985, Kingston, NH 03848 and MPD Realty Trust, 415 Waverly Road, North Andover, MA 01845, submitted this application on April 9, 2001. The area affected is on Waverly Road and is located in the R-4 Zoning District The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated March 9, 2001, revised May 29, 2001, is complete and technically adequate. B. The Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. C. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. D. The Definitive Plan reduces danger to life and limb in the operation of motor vehicles. E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway provides access for emergency situations. F. The Definitive Plan complies with the Town of North Andover Zoning By- law. G. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire Department and has been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions I. The Definitive Plan conforms with the design and construction standards described in these Rules and Regulations and in the attached Appendices with the exceptions of waivers granted in Condition 16. J. The Definitive Plan conforms with all applicable zoning requirements 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. 1 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 five thousand ($5,000) 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 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 required in Condition 5(c). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The 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 in Tim Willett's (DPW) memorandum dated 5/29/01 must be submitted to the Department of Public Works accompanied by a letter from Mr. Willett acknowledging the changes have been made and are to his satisfaction. The plans must be revised so that Lots 1 and 2 on the plans are merged and will only result in the creation of one lot labeled "Lot 1A" totaling 39,802 SF. The plans must. also reflect that there is a no -cut zone for 10' along the frontage of Waverly Road on Lot 1A. The revised plans and letter must be given to the Town Planner for review prior to endorsement by the Planning Board, 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) A Development Schedule must be submitted for signature by the Planning Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) 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 site: a) Yellow "Caution" tape must be placed along the lirnit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 2 b) All erosion control measures as shown on the plan and outlined iri the erosion control plan must be in place and reviewed by the Town Planner. C) A recorded copy of the deed to lot IA or a restriction recorded at the Registry of Deeds shall be supplied to the Town Planner. The deed or restriction shall read as follows "The deed to Lot 1 A shall provide that there will be no cutting of trees within ten feet along the entire frontage of the lot on Salem Street, provided however, the removal of dead trees, unsafe trees, poisonous vegetation (i.e. poison ivy, poison oak) shall be allowed. The existing rock wall on Lot lA must also remain and shall never be removed. Any violations of this deed will be enforced by the North Andover Planning Department and will require the re -planting of the trees, and the rebuilding of the rock wall". d) A recorded copy of the deed or restriction to Lot I shall be supplied to the Town Planner. The deed shall read as follows: "Lot IA cannot be resubdivided and cannot be reduced in area from 39,802 SF". e) The applicant shall stripe the existing parking lot for the existing apartment building on Lot 2 with pavement markings to allow for nineteen parking spaces. The applicant shall then notify the Town Planner upon completion of the pavement markings for verification through virtue of an inspection. 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 be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. — 5 p.m. on Saturdays. 5) 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 (FORM 1), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. 3 c) A Performance Guarantee 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 viii)final site cleanup 6) Prior to Building Permit Issuance for an individual lot, 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(b) above. 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. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers, visible from the roadways must be posted on all lots. e) An as -built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. E 4 f) 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 and the Department of Public Works an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim as -built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover Subdivision Regulations. g) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. h) The applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. i) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum 7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 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 5 t 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) 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, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. 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. 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 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. 10) There shall be no burying or dumping of construction material on site. 11) The location of any stump dumps on site must be pre -approved by the Planning Board. 12) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 14) 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. C'7 I 15) The utilities must be installed and the streets: or ways constructed to binder coat two ey ars 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 extension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 16) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, dated November 2000, have been GRANTED by the Planning Board: a) Waiver to Section 5.4.1.a of the Regulations which requires an Environmental and Community Impact Statement when six or new lots are created. As two of the six lots that are being created contain existing structures, the determination has been made to waive this requirement. 17) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: Plan titled: Definitive Subdivision Plan, Delucia Way located in North Andover, MA Prepared for: Right Now Realty Trust, P.O. Box 985, Kingston, NH MDB Realty Trust, 415 Waverly Road, No. Andover, MA Prepared By: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Scale: 1"=40' Report Titled: Stormwater Management Report for Delucia Way In North Andover, Massachusetts Prepared For: Right Now Realty Trust Dated : March 28, 2001 Prepared By: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 7