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HomeMy WebLinkAboutMiscellaneous - Exception (291)tiown of North'Andover. f HCRTIy OFFICE OF RECEIVED COMMUNITY DEVELOPMENT AND 5; ERKAW �'� * ' . 27 Charles Street NORTH ANDOVER North Andover, Massachusetts 01345 8 58 WU.I.IAM J. scorr 1999 DEC 2 P 1: Director (978)683-9531 I Fax(978)683-9542 N©TICE OF DECISION r An eal shall be filed Y'PP i within (20) days after the date of filing this Notice f in the Office of the Town .. Cleric..: DateL Date of Hearing Dcc l r I G!R4q Petition of �r e�.�c'1 a .� Cc-�_ n l I i-�omeS~ t nl -. Premises affected ec•i-1-nt►e Referring. to the above petition for a Subdivision from the. requirements of the Nockh Aril nVPI' •Su �i U°1Strnn 'F [ t��S � uL["±( .� �O�iJY1 S i-QbYLlrl n 1 �� � CI . so as to allow e E lejPn net � krnnP,S rimnrv2 exi 5-iir�r, ho _ 1 After a public hearing given on the above date; the Planning Board voted. to APP d'\j5 the ei4'1VL' � �bdiJlSii3Y2_ based upon the following conditions: r _.... Signed - �+.( CC: Director of Public Works Alison Lescarbeau. Chairman Building Inspector Natural Resource 7 sand Use Manner John Simons. Vice Cbairman Health Sanitarian Assessors Alberto Angles. Clerk .Police Chief . Fire Chief Richard Nardeila Applicant - Engineer Richard S.Rowea . Towns Outside.Consultant -File William Canningham Interested Parties Planning Boars 80A&D OF.VPE:U-S 683-9541 13UII.D[NG 683-9545 CONSL2VATION 683-9530 F[F.ALTii 683-9540 PF_V,1N1-NG 683-9535 Heritage Estates Definitive Subdivision Appendix to Agreement for Judgment The Planning Board herein APPROVES the Definitive Subdivision fora twelve (12) lot subdivision, made up of eleven new homes and one existing home, known as Heritage Estates. Brookview Country Homes Inc., North Andover, MA 01845 submitted this"application on June 10, 1999. The area affected is located off. of Salem Street in the R-3 Zoning District, Map 96, 97 and 6.8, Lots 1, 4, 5 and 48. The Planning Board makes.the following findings as required by the Arles and Regulations Governing the Subdivision of Land A The Definitive Plan,. dated 11/8/99, irwh.td. es 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 except as noted in Condition 19 - Waivers. 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 (except where grand5thered. by the Memorandum of Understanding dated August 20, 1997 and attached herein) 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 magnate an'mdependent 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 Plamung 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 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 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. -- t J d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Boards 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 e) The Subdivision Decis%n, Memorandum of Understanding and Appendix to Agreement for Judgment for this project must appear on the mylars. fl 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: 1 1 I a)•... Yellow "Caution" tape must be placed along the limit. of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. b) ' All erosion control measures as shown ori the pian and outlined in the erosion control plan (� must be in place and reviewed by the Town Planner. : c) A recorded copy. of the no -cut easements and deeds for the property shall be supplied to the Town Planner.r 4) Throughout and During Constivction: 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, duoughou t the construction process. c) Hours of operation during construction aro limited from 7 a.m. to 5 pm., Monday through Friday and 8 am. — 5 pm. on Saturdays. i 5) Prior to any lots tieing released from the statutory covenants: _ a) Three (3) complete copies of the endorsed and recorded subdivision pLans and one (1) certified co 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 plam The Town Planning Stam through virtue of an inspection of each lot, 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 Specifically, the erosion control measures outlined in the report by Geotechnical Consullants, Inc. dated November 8; 19.99 must be utilized and • inspected by the Town Planner. In addition, the applicant must follow the phases outlined in the Erosion Control and Construction Phasing Plans dated September 28, 1999, drawn by Marchionda 8t Assocates, ,LLP; and each phase must be inspected by the Town Planner upon completion. 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 postedto ensure completion of the work in accordance with the Plans approved as part of this conditional, appmvaL. The bond must be. in, the form acceptable to the North Andover Planning Board. Ite covered by the Bond may include, but shall'not be limited to: r 4 i i) "'as -built drawings ii) sewers and utilities J nil) rOadwa' y construction and maintenance iv).. lot and site erosion control v) site screening and street trees vi) drainage facilities . vin) site restoration viii) final site cleanup . 6) prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) The must submit a certified copy of the recorded FORM J referred to in Condition 5(c) b) A plot pian for the lot in question must be submitted, which includes all of the following- i)'- ollowingi)'- " 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 improvemen&lrequired under a NACC order of condition, vi) any grading called for on the lot, vii) all requited zoning'setbacks, j viii) Location of any drainage, utility and other easements. i c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall maim final determination of appropriate measures. d) Lot numbers, visible from the roadways must be posted on all lots, I 7) Foundation Pian: For lots 9,10 and 11:' Immediately upon'completion of the dwelling foundation and prior to &&a construction activities associated with the site, the applicant shall havea' plan prepared by a Registered Professional Land Surveyor (R.P.L:S.) which accurately depicts the foundation location and its proximity to wetland resource areas as shown on the approved Definitive Subdivision Plan dated /99. Said plan shall be sabariined to the Town Planner for review to verify that the setback limits under the Memorandum of Understanding have been met. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be require& 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: verifynng 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 beset It shall. be the developers responsibility to assure. the proper placement of the driveways regardless of r 19) The following waivers from the Rules and Regulations Governing the Subdivision of Land North Andover; Massachusetts, revised February 1989, have been GRANTED by the Planning Board a) Section 7(A)4 Length of Dead End Street: The length.of the dead end stmt is allowed to be 1,352 feet long vs. the 500 'feet required by this section of the; regulations. . b) Section 7(C)(4) Side Slopes Outside the Right -of -Way: Side slopes along the retaining walls are permitted to exceed the 3:1 required by this section of the regulations because the retaining walls are being constructed first. 20j This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled: Heritage Estates inNorth Andover, MA . Prepared for Brookview County Homes, Inc. P.O. Box 531, North Andover, Massachusetts Dated ' _ May 28, 1999 .Last revised Noveaab& 8, 1999 - Owner/Applicant: Brookview County Homes, Inca P.O. Box 531 �. North Andover, MA 01845 r Civil Engineer.. Marchionda & Associates, L.P. Engineering and Planning Consultants.. 62 Moruvale Avenue, Suite I Stoneham, MA 02180 Sheets: 1— 6 b) Report titled Hydrologic Analysis Heritage Estates in North Andover, MA Prepared for Brool vnew Country Homes, Inc. dated 5/28/99 Marchionda & Associates, L.P. Prepared for. Brookview County homes, Inc. j Prepared by: Marchionda & Associates, L. Dated: May 28, 1999 I c) Report titled Proposed Heritage Estates GCI Project No. 991576 Prepared for. Brookview County Homes, Inc. -- Prepared by: Geotechnical Consultants, Inc. Dated: November 8, 1999 ; I ,r