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Notice to APPLICANP/TOKN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: _
'White Birch Estates
By: Environeers, Inc. dated April 30, 19 92
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"p or otherwise provide security for the con.
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41t S. 81—U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That# as required by the North Andover Board of Health in its report to
this Boardq 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.
4. Other conditions:
See Attached Conditions
c
fT'�=
In the event that no appeal shall have been taken from said approval within
twenty days from this dater the North.Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
Dates August 4, 1992
NORTH ANDOVER P LARD
BY: George Pera. Chairman
r
e %
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81—Lt for approval of a proposed subdivision shorn on a plan entitled
Ig
by
by n n v� �t��, = r' �!+1� dated
being land bounded as follows: /3ti rW
%JC �//� L c N r L Ari D �l ��c . n i TH eF
,<VZ CTE2S r)"- iflE AAI,- PV -r ���,' IVL A«,�o f T
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
L(0 1 -5S-3
Title Reference: North Essex Deeds, Book �__, Page L4 114 ; or
Certificate of Title No. _, Registration Book_, page ; or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of 19 _ and approved (with modifications) ( )
disapproved ( on , 19,_.
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the'
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation of utiliti6s within the limits of
ways and streets;
2. To complete and construct the.streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are apecificallyp by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall be binding upon all heirs, exacntors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid
years from the date hereof
Received by Town Clerk:
Dates
Time:
Signature: - - ms's_s ,-x
Address
L-,c-�Lu re��,
J � 1
WHITE BIRCH ESTATES
DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL.
1. 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 to the
Department of Public Works by a Certified Professional
Engineer shall be required prior to the issuance of a
certificate of occupancy.
All drainage facilities including detention basins, shall be
V constructed and erosion controlled prior to any lot release.
3. An as -built plan and profile shall be submitted for review
and approval. A certified interim as -built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the
application of the binder coat of pavement. In addition, all
required inspection and testing of water, sewer, and
drainage facilities shall be completed prior to binder
course paving.
4.� All Planning Board order of conditions are to be placed,_upon
the recorded Definitive Plan, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
5. All lots shall have received all necessary permits and
approvals from the North Andover Board of Health and
L" Conservation Commission.
6. All catch basins shall be protected with hay bales to
/ prevent siltation into the drain lines during road
l' construction.
7 No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
8. No underground fuel storage shall be installed except as may
,_"_�e required by Town Regulations.
9. Lot numbers shall be posted prior to any lot receiving a
L/' permit to build
10. Permanent house numbers will be posted on dwellings prior to
occupancy.
11. All lots shall have residential fire sprinklers installed
v/ prior to the issuance of the Certificate of Occupancy, per
order NAFD.
I . . 4
12. Prior to construction, a stop sign shall be placed at the
/ intersection of Bradford Street and the proposed
✓ access road. Per order N.A.P.D.
13. The Board considers this roadway to meet the definition of a
inor Street as found in the Rules and Regulations Governing
the Subdivision of Land, Revised 1989. The applicant will be
required to conform to all specifications for Minor Roadway
construction.
14./Prior to any lots being released, Bonds shall be posted to
t,/ensure constructi m letion of roadways and other
pertinent public ame These bonds shall be in an
amo s e ermined by the Planning Board and shall be in
the form of a Tri -Party Agreement, or Pass Book.
15. The roadway shall provide sloped granite curbinq for its
L` entire length on both sides. All sidewalks shall be 5 feet
in width. -----
16. This Definitive Subdivision approval is based upon a Special
Permit granted in accordance with sections 8.5, 10.3 and
10.31 of the North Andover Zoning Bylaw, dated 8/17/92. The
Special Permit and Definitive Subdivision approvals are both
based upon the following plans:
Plans entitled: WHITE BIRCH ESTATES
A Residential
Single family Dwelling Development
Dated: April 30, 1992 Rev.
Sheets: 1-7
Prepared By: Environeers, Inc.
160 Pleasant Streets P.O. Box 516
North Andover, MASS 01845
Any changes to the above referenced Special Permit or the
record plans may be subject to Modification under Chapter 41
of the Massachusetts General Laws.
cc: Director of Public Works
Board of Public works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
i
1 �
F.� RECEIVED
DANIEL LONG
APPLICATION FOR APPROVAL OF DEFINITIVE PLAPITON LZK
NORTH 'ttt�OVER
8/20 , 1993
H�
To the Planning Board of the Town of North Andover:
The undersigned, being
theapplicant as defined under Chapter 41,
,
81—L, for approval of a Proposed subdivision shown on a plan entitled
Section
"White Birch II"
_h�tianG ,4 Cproei T_ nr
dated 8/13/93
by (
being land bounded as follows: IYnr * h_i ;r h;i u�h w—,a Ric.
-Este
•h--� ,
e rI v h_e
Kansen', southerly by Barker Street Realty Trust & George Barker,
westerly by Lawrence Alco Reaoty Trust—
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 11_ 33 , Page 2279—,; or
Certificate of Title No. _, Registration Book _, page____; or
Other:
Said plan has( ) has not( ) evolved from a preliminary plan submitted to
the Board of _19 and approved (with modifications) ( )
disapproved on : 19 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
- Rules and Regulations.
North Andovert upon approval ofusaid DEFINIher TIVE plants and by with the Town ofthe
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyof or,
the
aid Town,
Board of Health, and all general as well as zoningby—laws
as are applicable to tie installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan? profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a Dart of this application. This application and the covenants and agree—
ments herein shall be binding upon agree—
all heirs, executors, administrators,
successors, grantees of the who Le or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid i,nstalla
years from the date hereof.
Received by Town Clerk:
Date:
Time:
Signature:
constructio;�'wiy n two (2)
1"cant
2��t
white irch Construction
380 Essex Street
Address Lawrence, IA U164 t
White Birch II
Definitive Subdivision
Conditional Approval
The Planning Board`, herein approves the 10 lot Definitive
Subdivision, with lot 10 designated as open space. This
subdivision approval was requested by White Birch Construction,
Inc., on August 27, 1993. The Planning Board makes the following
findings as required by the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plans, dated August 13, 1993, rev. October
12, and November 8, 1993, include 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.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are complied with:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board's
decision.
b. A detailed construction schedule must be submitted. as
part of the plans.
C. 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 #3(c).
d. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office.
e. The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
1 subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds.
f. All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works. Provisions for water intrusion mitigation shall
be included in the design and shown on the construction
schedule required in Condition 1(b).
g. All application fees must be paid in full and verified
by the Town Planner.
h. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material.
i. Sidewalks must be added to the street detail.
j. The boundary lines of Lot 1 need to be changed to
eliminate access form Cherise Circle.
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.
Endorsement of the plans is proof of satisfaction of the
above conditions.
2. Prior to the start of construction:
The record plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry of
Deeds.
3. Prior to any lots being released from the statutory covenants:
a. 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 judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
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, 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 dart of this conditional approval. Items
covered by the Bond may include, but shall not be
limited to:
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, and
vii. all required zoning setbacks.
d. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the -Planning Board or Staff.
e. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. The lot in question shall be staked 'n the field to
show the location of any major departures from the
record plan. The Town Planner shall verify this
information. The proposed layout shall be in
conformance with the recorded plans.
a. Lot numbers, visible from the roadways must be posted
on all lots.
i. as -built drawings
ii. sewers and utilities
roadway construction and maintenance
iv. lot and site erosion control
V. site;'�creening and street trees
vi. drainage facilities
vii. site restoration
i
viii. final site cleanup
d.
All proper documents and easements required through
Condition 1 shall be in place.
4. Prior
to a FORM U verification (Building Permit Issuance)
for
an individual lot, the following information is required
by
the Planning Department:
a.
The applicant must submit to the Town Planner proof
that the FORM M referred to in Condition i(e) above,
was filed with the Registry of Deeds office.
b.
Three (3) complete copies of plans and two (2) copies
of all documents containing registry of deeds stamps
must be submitted to the Town Planner as proof of
filing.
C.
A plot plan for the lot in question must be submitted,
which shows 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, and
vii. all required zoning setbacks.
d. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the -Planning Board or Staff.
e. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. The lot in question shall be staked 'n the field to
show the location of any major departures from the
record plan. The Town Planner shall verify this
information. The proposed layout shall be in
conformance with the recorded plans.
a. Lot numbers, visible from the roadways must be posted
on all lots.
S. Prior to a Certificate of occupancy being issued 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. All slopes on the lot in question shall be properly
stabilized, as judged by the Planning Staff.
e. All lots must be raked and seeded or sodded.
f. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsii:3.ility 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 owners expense if such
driveway is at a catch basin or stone bound position.
g. The Planning Board reserves the right to review the
site after construction is complete and require added
site screening as necessary and reasonable.
6. 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 for review and approval.
b. The applicant shall petition Town Meeting for public
acceptance of the streets. 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..
c. The Town iPlanner shall ensure that all planning,
conservation commission, board of health and department
of public works requirements are satisfied and that
construction was in strict compliance with ail approved
plans and conditions.
d. Monuments shall be set on the exterior street line as
required by Section 7(P) of the Subdivision Rules and
Regulations.
q- e. Two to two and one half inch caliper (2-2.511) street
trees are to be placed every fifty (50') feet along
2
both sides of all new roadways.
f. Sidewalks are to be constructed along one side of the
roadway.
7. A complete set of signed plans, a copy of the Planning Board
decision, and a copy of the Conservation Commission Order of
Condition must be on file at the Division of Public Works
prior to issuance of permits for connections to utilities.
S. 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 will
review any entrance structures.
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. The applicant must comply with the Phased Development Bylaw,
Section 4.2 of the Town of North Andover Zoning Bylaw.
11. There shall be no burying or dumping of construction
material on site.
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.
15. The following waivers have been granted by the Planning
Board:
Section 7(A) (1) (d) : No provision has been made -to
continue the street to adjacent parcels as the adjacent'
parcels are separated from this parcel by steep slopes
and a stream, making any future connection unlikely.'
16. This Definitive Subdivision approval is based upon a Special
Permit granted in accordance with Section 4.125,_.10.3 and
10.31 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals are both based upon the
following plans:
a. Plans entitled:
Definitive P.R.D. Subdivision Plan
White Birch II
located in North Andover, MA
Prepared for:
White Birch Construction'; Inc.
380 Essex Street
Lawrence, MA
Prepared by:
Christiansen & Sergi
160 Summer Street
Haverhill, MA
Scale:
as noted
Sheets:
1 through 5
Dated:
8/13/93; rev. 10/12/93; final
revision 11/8/93
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
WBirchII.Subd