HomeMy WebLinkAboutMiscellaneous - Exception (293)t Notice to APPLICANT/Tnwm CLERK d
on Definitive Subdivision Plan entitled: rL vans wa Action of Planning Board
By: Marchionda & Associates dated 6/24/98 rev; 8/121 19
9/3. 9/9, 9/28/, 1998
The North Andover Planning Board has voted.to APPROVE said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
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a covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont 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 rales 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: o
SEE ATTACHED
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In the event that no appeal shall have been taken from said approval within
thereafter endorse its formal approval upon
twenty days from this date, the North Andover Planning Board will, forthwith
said plan.
The
Planning Boapd has
said,plan, for
NORTH ANDOVER PLANNIM BOARD
Date: October 22, 1998
. BY:
Richard S. Rowen
Lyons Way Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a seven (7) lot subdivision
known as Lyons Way. Ken Grandst4 MPG, 11 Old Boston Road, Tewksbury, MA 01876,
submitted this application on July 15, 1998. The area affected is located off of Campbell Road in the
R-2 Zoning District.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan, dated 6/24/98, rev. 8/12/98, 9/3/98, 9/9/98 includes all ofthe information
indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of
per•
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 16 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 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) hour's 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) The name of the street must be reviewed and approved by the E911 coordinator.
b) All comments listed in a Memo from James Rand, Director of Engineering, DPW dated August
18, 1998 must be adequately addressed as determined by the DPW Department..
c) A Development Schedule must be submitted for signature by the Planning Board, which
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conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show
building permit eligibility by quarter for all lots.
d) 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. 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 Roadway Bond as described in Condition 4(d). This Site Opening Bond may at
the discretion of the Planning Board be rolled over to cover other bonding considerations, be
released in fia or partially retained in accordance with the recommendation of the Planning
Staff as directed by a vote of the NAPB.
e) The final subdivision plans must be reviewed and approved by the outside consultant, the
Planning Department and D.P.W. All final comments from the DPW must be incorporated
into the plans.
fl 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 4(d).
g) The applicant must submit to the Town Planner a FORM M 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) 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 above, must be
submitted to the Town Planner for review endorsement by the Planting Board, within ninety
(90) days of filing the decision with the Town Clerk.
j) The 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) Yellow "Caution" tape must be placed along the limit of clearing as shown on the approved
plan. The Planning 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 in place and reviewed by the Town Planner.
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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 (FORM
1), recorded Growth Management Development Schedule, recorded maintenance agreement
for the landscaped cul-de-sac island, 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. 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 J 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
n) 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
A Performance Security may be established for each phase individually.
5) Prior to a FORM U verification for an individual lot, the following information is required by the
Planning Department:
a) Trees and vegetation must be removed at the entrance to Campbell Road as outlined on the
plan in order to improve sight distance for westbound vehicles. The applicant shall also cut
and maintenance trees and vegetation to a height of not more than three feet along the property
frontage and extending to a depth of up to eight feet into the property.
b) Reverse curve warning signs must be installed along appropriate sections of Campbell Road.
3
The signs must be installed in conjunction with the Police Department and DPW and to the
extent possible as governed by row and lateral obstructions, in accordance with MUTCD
standards. (Manual on Uniform Traffic Control Devices)
C) A "Stop" sign and stop bar must be installed on Lyons Way at the entrance to Campbell Road.
The signs must be installed in conjunction with the Police Department and DPW and to the
extent possible as governed by row and lateral obstructions, in accordance with MUTCD
standards. (Manual on Uniform Traffic Control Devices)
d) 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) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and
staked at a minimum.
fl The applicant must submit a certified copy of the recorded FORM J referred to in Condition
4(c) above.
g) 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.
h) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
i) 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) Sprinkler systems must be installed in all homes per NAFD requirements.
b) 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
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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.
C) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission.
d) Permanent house numbers must be posted on dwellings and be visible from the road.
e) 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.
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 applicant is expected to make a contribution to the sidewalk fund in amount equal to the
cost of constructing a sidewalk along one side of the roadway as determined by the DPW.
b) An as -built plan and profile of the site shall be submitted to the DPW and Planning Department
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 operationsuntil
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.
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
5
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.
1 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: This parcel is long and thin in shape and is
surrounded by State Forest land.
b) Section 7(C)(1) Shoulder Width: This waiver if granted in order to minimize the impact of a
wetland crossing associated with the construction of the proposed roadway.
c) Section 7(D)(1) Sidewalks: Due to the remoteness of this roadway and the small number of
homes proposed, a donation will be made to the sidewalk fund.
d) These waivers have been granted in an effort to minimize the amount of cutting and filling
required on site thereby decreasing the amount of erosion and siltation on site.
17) The utilities must be installed and the streets or ways constructed to binder coat by October 22,
2000 (two 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.
18) This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Plans entitled: Definitive Subdivision Plan, Lyons Way, North Andover, Massachusetts
Prepared for: Mesiti Development Corporation
11 Old Boston Road
Tewksbury, Massachusetts
2
O
Prepared by: Marchionda & Associates, L.P.
62 Montvale Avenue, Suite 1
Stoneham, MA 02180
Dated: 6/24/98, rev. 8/12/98, 9/3/98, 9/9/98, 9/28/98
Sheets: 1 through 12
b) Report Entitled: Statement of Environmental Impact for Lyons Way
Campbell Road, North Andover, Massachusetts
Dated: June 25, 1998, rev. July 2, 1998
Prepared for: MPG Realty Corp.
11 Old Boston Road
Tewksbury, MA
Prepared by: Elmer A. Pease, II CPM, EA
PD Associates, LLC Real Estate Consultant
1600 Candia Road, Suite 7
Manchester, NH 03109
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Lyons Way - subdivision
7
4- Notice toAPPLICANT/TOWN C
LURK of Action of Planning Board on Prelimina,7
Subdivision Plan entitled:
LYONS WAY
BY:j�
. Aqdove'
ConsultantsInc.
dated --Sep-
-ember 7.1984
i• The North` 17
4dower Pi ng
- e, Boardns tentative
Outi.an 3- hereof. ;d aid p
mOd. `aTh approve wit
Y. ions
2.
�icat
-Th
o.rth//An4over �1
Board g Bo has sa roved,
annn
f lo, re said' plan, / the
Very truly yours,
NORTH AM
,9VER PLANN;W, BOARD
By
George Pana"Jr_,
. j
Chairman
Date: February 15, 1990
4 -Z7
rn
Very truly yours,
NORTH AM
,9VER PLANN;W, BOARD
By
George Pana"Jr_,
. j
Chairman
Date: February 15, 1990
NOR ;. F.;
rl :.,.ji)!jv' 'R
2 In 10 111'89
September �9 19 82
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined node
for approval of a proposed subdivision shown on a lan entitlhaptered 1+1, Section 81—L,
Lyons Way p entitled
B.Andover Consuv.
ltants Inc..
being land. bounded as follows: dated September 7
198 9
See attached descri tion
hereby submits said plan as a PREL
Rules and Re BINARY subdivis
Regulations of th
ion plan in accordance with the
e North Andover P1
the Board for approval, of said plan. anning Board and makes a '
PPlication to
Title reference: North Essex Deeds, Book 1344 page 299, or
Certificate of TitleNo. '
Other: ► Registration Book page
i or
Received by Town Clerk:
Date:
Time:
Signature:
TDJ Develo ment Co o ,
24.0 Pleasant Street, Methuen, Mass.
Owner's signature and address if not the
applicant:
Same
LYONS AY
PRELIMINARY
CONDITIONAL
SUBDIVISION
APPROVAL
1. A Notice of Intent shall be filed with the Conservation
Commission as required under MGL Chapter 131.
2. The distance between all fire hydrants on the proposed road
shall be no greater than 500 feet.
3. All structures built within this subdivision shall have
residential fire sprinklers installed prior to receiving a
Certificate of Occupancy.
4. All wetland delineation lines shall be shown on the
definitive plans and shall be approved by the Conservation
Administrator.
5. Areas to be used for stump burial shall be cleary delineated
on the definitive plans and approved by the Planning Board.
6. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be the
developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be
moved at the owners expense if such driveway is at a
catch basin or stone bound position. Certification by a
Registered Professional Engineer will be required prior to
the issuance of a certificate of occupancy.
7. All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to any lot release.
All catch basins shall be protected with hay bales to
prevent siltation into the drain lines during roadway
construction.
8. Any changes on the plans required by the North Andover
Conservation Commission may be subject to Modification under
Chapter 41 by the Planning Board.
9. Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features of the site. Accordingly, a no cut line
shall be placed on the Definitive Plans and approved. by the
Planning Board. The developer in conjunction with a
registered arborist, shall submit a tree cutting and
reforestation plan consistent with the provisions of Section
5.8 of the North Andover Zoning Bylaws ( The plan is for
areas of substantial cutting and filling ) to be reviewed by
the Planning Staff prior to the applicant receiving a permit
to build on any lot within the subdivision. This Plan shall
explicitly include specific trees to be retained. Also, the
developer shall inform the Town Planner when any tree
cutting is to occur in order that the Planner may determine
the need to be to be present.
10. Lot numbers shall be placed on all lots prior to the
commencement of construction. Permanent house numbers will
be posted on dwellings prior to occupancy.
11. Prior to a Certificate of Occupancy being issued for any
lot, that lot shall have received all necessary permits and
approvals from the North Andover Board of Health.
12. All drainage and sewage facilities shall be approved by the
North Andover Division of Public Works prior to the Planning
Board granting an approval to the Definitive Plans.
13. Prior to any lots being released, Bonds shall be posted to
ensure construction and/or completion of sewers, roadways,
site screening and other pertinent public amenities. These
bonds shall be in an amount as determined by the Planning
Board and shall be in the form of a Tri -Party Agreement, or
Pass Book.
14. In all areas where slopes exceed 50, granite curbing shall
be installed on both sides of the roadway.
15. Drainage calculations shall be submitted to reflect surface
runoff to zero in.both the 10 year and 100 year storm
16. Prior to the release of any lot from the statutory covenant
the developer shall submit approved septic system designs to
the Planning Board and certify that the grading of said lot
is in conformance with the Definitive Plan and drainage
calculations, and that said lot does not create adverse
flooding on an adjacent property.
17. The applicant shall submit along with the Definitive Plans,
a list of all requested waivers from the Planning Board
Rules and Regulations Governing the Subdivision of Land.
18. Prior to the commencement of construction a stop sign shall
be placed at the intersection of Lyons Way and Campbell
Street. Further, signs shall be posted at 350 feet in either
direction of that intersection which read, " Caution,
Construction Vehicles in Area."
19. A 30 foot wide access -egress easement will be shown from the
end of the cul-de-sac to land of the Commonwealth along the
lotline of lots 5 and 6.
20. All rules and regulations of the Planning Board will be
adhered to in the submission of Definitive plans.
. . .4
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Conservation Commission
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File