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Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM J. SCOTT
Director
(978) 688-9531
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Petition of:
Premises affected:
27 Charles Street
North Andover, Massachusetts 01845
NOTICE OF DECISION
Date:
Date of Hearing
Jeffco, Incorporated, Andover, MA 01845
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June 30, 2000
April 18, 2000
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Off of Andover Street, Map 47, Lots 19, 20 and 21
Referring to the above petition for a subdivision approval from the requirements of-
The
fThe Town of North Andover Subdivision Rules and Regulations, revised
February 1989
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so as to allow: the approval of an eleven lot subdivision, made up of eleven new two-family
homes , known as Chatham Crossing.
After a public hearing given on the above date, the Planning Board voted
To APPROVE the subdivision.
based upon the following conditions:
Signed
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CC: Applicant Alison Lescarbeau, Chairman
Engineer
John Simons, Vice Chairman
Alberto Angles, Clerk
Richard Nardella
Richard S.Rowen
William Cunningham
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Chatham Crossing Definitive Subdivision
The Planning Board herein APPROVES the Definitive Subdivision for an eleven (11) lot
subdivision, made up of eleven new two-family homes known as Chatham Crossing.
Jeffco, Inc., Andover, MA 01845 submitted this application on February 8, 2000.
The area affected is located off of Andover Street in the R-4 Zoning District, Map 47,
Lots 19, 20 and 21.
The Planning Board makes the following findings as required by the Rules and
Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated January 31, 2000 and revised June 14, 2000, 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.
E. The North Andover Conservation Commission has issued a negative
determination of applicability for this parcel of land, which was issued on October
21, 1999.
Finally, the Planning Board finds that the Definitive Subdivision complies with Town
Bylaw requirements so long as the following conditions are complied with:
1) Independent Engineer: The applicant shall designate an independent
certified professional engineer, who shall be chosen in consultation with the Planning
Department, whose function will be monitor the construction of the underground
stormwater detention structure. The Independent Engineer must be available upon four
(4) hours' notice to inspect the site with the Planning Board designated official. The
Independent Engineer shall make daily inspections during the installation of the
underground stormwater detention structure. The independent engineer will also file
reports to the Planning Board during the duration of the installation of the underground
stormwater detention structure in accordance with the inspection schedule listed on Sheet
6 of the Definitive Subdivision Plan dated January 31, 2000 last revised June 14, 2000.
' The daily reports shall detail areas 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 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 6(d).
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 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 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 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 on the plan and outlined in the
erosion control plan must be in place and reviewed by the Town Planner.
c) A recorded copy of the deeds to lots 7, 8, 9 and 10 shall be supplied to the
Town Planner. The deeds shall read as follows "The deeds to lots 7, 8, 9
and 10 lots shall provide that there will be no cutting of trees within the area
shown as "ten foot wide no -cut zone" on the Definitive Plan, provided
however, that the removal of dead trees, unsafe trees, poisonous vegetation
i.e. poison ivy, poison oak) shall be allowed.".
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.
c) A Performance Security 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;
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 a FORM U verification 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 6(c) 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 bew submitted to the Division of Public Works for review and
approval prior to acceptance of the sewer appurtenances for use.
7) 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.
e) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be
graded and staked at a minimum
8) 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 for continued
maintenance and operations until such time as Town Meeting has accepted (or
rejected in favorof 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.
9) 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.
10) 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.
11) 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.
12) There shall' be no burying or dumping of construction material on site. .
13) The Iocation of any stump dumps on site must be pre -approved by the Planning Board.
14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
15) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the
respective utility companies.
16) 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.
17) The utilities must be installed and the streets or ways constructed to binder coat two
years 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.
18) This Definitive Subdivision Plan approval is based upon the following information
which is incorporated into this decision by reference:
Plan titled: Definitive Subdivision Plan
Chatham Crossing, North Andover, Massachusetts
Dated: January 31; 2000 last revised June 14, 2000
Applicant: Jeffco, Inc.
Civil Engineer: Andover Consultants, Inc.
I East River Place
Methuen, MA 01844
Sheets: 1 — 9
a) Report titled: Traffic Impact & Access Study
Proposed Residential Development Project
Prepared for: Jeffco., Inc.. dated November, 1999
Prepared by: Dermot J. Kelly Associates, Inc.
Dated: November, 1999
b) Report titled: Pre -and -Post Development Drainage Analysis
Chatham Crossing
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844