HomeMy WebLinkAbout1995-02-08 Decision DEF SUB Notice to APPLICANT/1,,,tN CLERK and Certification of Aar lon of Planning Board
on Defi dtive Subdivision Plan entitled: flak Ridge Estate
By: Christiansen & Sergi, Inc, dated February 8, 1995 f 19
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The North Andover Planning Board has voted to APPROVE said plane subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
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-
division, 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 rules 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
t No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
See attached.
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In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The ?forth Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOAM PLANK 1% BOARD
Date: April 12, 1995 By:
/ f Richard A. Nardella, Chairman
4/1 r M
APPLICATION FOR APPROVAL Or, DEFINITNE PLAT R L C L1;>r 1,)
sOTOWNN GLEAM
February 8NORTH *Njj v§�
To the Planning Board of the gown of Forth Andover: FEB
The undersigned, being the applicant as defined under Chapter 41, Section
81—Lt for approval of a proposed subdivision shown on a plan entitled
Definitive Subdivision , Oak Ridge Estate
by Christiansen & Sergi , Inc , dated
being land bounded as follows: Northerly by Yang , Stein , ALvnrt-7, T.,-a-r-h - easterly
by Kelloway Development , and First Citv Dev . o rl.y by
First Ciry Dev . Corp and Yang .
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 3977 t Page 121 ; 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 o; 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 Boardta
Rules and Regulations. The undersigned hereby further covenants and agrees
«.th the Town, of North Andover, upon approval of said DFINI:TIVE 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 bylaws of said Townt
as are applicable to the instal?ation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or Mays 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 plait, profiles? cross sections and construction
specifications are specificallyt 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 heirst executorst administratorst
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof. a•
�. 17-V
Received by Town Clerk. . �•.�'� �� ;'��'�L
Date: Qignature o Applicant
Frank & Joanne Ste►'art
Time:
101 Marblehea8,� Street
Signature: Address North Andover , MA 01845
Oak Ridge Estate
Definitive Subdivision Conditional Approval
The Planning Board herein approves a one (1) lot Definitive Subdivision known as
Oak Ridge Estate. The application was submitted by Frank and O'oanne Stewart, 101
Marblehead Street, North Andover, MA 01845, dated February 16, 1995. The area
affected contains approximately 5.5 acres in a Residential - 1 Zone off of Blue
Ridge Road.
The Planning Board, in approving this Definitive Subdivision, waives the
construction of the roadway. The waivers are granted due to the fact that this
parcel is land locked and without this subdivision approval, the applicant does
not have access to this parcel. This approval grants access to the lot and will
not be used to provide access for any additional lots in the future. In place
of the roadway, a driveway as shown on the following plan hereby approved:
Oak Ridge Estate, located in North Andover, MA
February 8, 1995
Sheet 2 of 3
The roadway will be private and will never be maintained nor serviced by the
Town.
i The Planning Board makes the following findings as required by the Rules and
Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated February 8, 1995; includes all of the
information required for the approval of this private driveway.
B. The Definitive Plan adheres to all of the design standards required for a
private driveway.
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 followed:
1. Prior to endorsementtof the plans by the Planning Board the applicant
shall adhere to the following:
lY A notation must be placed on the plan noting that this roadway is
"✓ / considered a private driveway, not a public road.
E The applicant must meet with the Town Planner in order to ensure
that the plans conform with the Board' s decision.
(c,� A detailed construction schedule must be submitted as part of the
plans.
Deeds restrictions must be placed on the lot stating that the
private driveway will never be maintained or serviced by the Town
and that it will never be accepted as a public road.
e., All application fees must be paid in full and verified by the Town
Planner.
/the
The plans must be endorsed within ninety (90) days of the filing of
decision with the Town Clerk. If the plans are not endorsed
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within this time period, this approval is automatically rescinded.
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:
a. The record plans must be endorsed by the Planning Board and recorded
by the applicant at the Essex North Registry of Deeds.
b. Three (3) complete copies of the recorded plans and two (2) copies
of the recorded decision must be submitted to the Planning office.
C. All erosion control measures must be in place and reviewed by the
Town Planner.
d. A complete set of signed plans, a copy of the Planning Board
decision, and a copy of the Conservation Commission order of
Conditions, if one exists, must be on file at the Division of Public
Works prior to issuance of permits for connections to utilities.
t The subdivision construction and installation shall in all respects
conform to the rules and regulations and specifications of the
Division of Public Works.
e. 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.
f. A Performance Security (Roadway Bond) 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. 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 maintenan(✓} j
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii. site restoration
viii. final site cleanup
3. Prior to a FORM U verification for an individual lot, the following
information is required by the Planning Department:
a. An area variance must be obtained from the Zoning Board of Appeals
as the frontage for this lot is only fifty (50) feet but the lot
contains only 5.5 acres. A frontage exception lot requires three
times the area (six acres) .
b. The private driveway must be constructed to binder paving with
stabilized shoulders.
C. A plot plan for the lot in question must be submitted, which
includes all of the follow 2g:
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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, including buffer zones and no-
cut lines,
viii. location of any drainage, utility and other easements.
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 in the field. The location of
any major departures from the plan must be shown. The Town Planner
shall verify this information.
g. Lot numbers, visible from the roadways must be posted on all lots.
4. 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. All slopes on the lot in question shall be stabilized, as determined
by the Planning Staff in regards to erosion, water run off, and
safety.
C. All lots must be raked, loamed and seeded, sodded, or mulched if the
weather does not permit seeding or sodding.
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 owners expense if such
driveway is at ,a catch basin or stone bound position.
5. Prior to the final release of security retained for the site by the Town,
the following shall be completed by the applicant:
a. The Planning Board will, by a majority, vote to release any security
retained.
b. An as-built plan and profile of the site shall be submitted for
review and approval by the Division of Public Works.
C. The Town Planner 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.
6. The applicant shall adhere to the following requirements of the Fire Department:
a. open burning is allowed by permit only after consultation with the
3
Fire Department.
b. The Fire Department suggests that a sprinkler system be installed in
the home due to the distance between this location and the fire
station.
7. There shall be no burying or dumping of construction material on site.
8. No stump dumps will be allowed on site.
9. The contractor shall contact Dig safe at least 72 hours prior to
commencing any excavation.
10. Gas, Telephone, Cable, and Electric utilities shall be installed as
specified by the respective utility companies.
11. 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.
12. The following waivers from the Rules and Regulations Governing the
n Subdivision of Land North Andover, Massachusetts Revised February, 1989
have been granted by the Planning Board:
Section 7 Design Standards. The Planning Board waives all of the design
standards found in Section 7 of the Rules and Regulations Governing the
Subdivision of Land. The Planning Board bases these waivers on the fact
that the parcel is landlocked and that this subdivision approval simply
provides access to this one lot.
13. This decision will automatically be rescinded if the utilities have not
been installed and the street has not been constructed to binder coat
within two (2) years from the date this decision is filed with the Town
Clerk's Office April 10, 1997.
14. This Definitive Subdivision is based upon the following information:
a. Plan titled: Definitive Subdivision "oak Ridge Estate" located
in North Andover, MA
Applicant &
Owner: Frank R. and Joanne M. Stewart
101 Marblehead Street
No. Andover, MA
Prepared by: Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
Dated: February 8, 1995
Sheets: 1 Cover Sheet and Lotting Sheet
2 Site Development Plan
CC. conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire chief
Assessor
Applicant
Engineer
File
4
P
FORM D
DESIGNER ' S CERTIFICATE
February 8 Ig 95
TO- THE YLANNING BOARD OF THE TOWN, OF NORTH ANDOVER:
In preparing the plan entitled oak Ridge Fsr_ate
I hereby certify that the above named plan and accompanying data is true
and correct to the accuracy required by the cur �ent Rules and Regulations
Governing the Subdivision of Land in North Ando ,er , Massachusetts , and
my source, of informatior, about the location f P�oundaries sho:,rn on said
plan. were one or more of the following :
1 . Deed froWhite Birch Construction to Frank & Joanne Stewart
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dated February 4 1994 and recorded in the North
Essex Registry in Rook 3977 Page 121
2 .. Other plans , as follows
3 . Oral information furnished by
4 . Actual measurement on the around from .a stating point established
by
5 . Other Sources
Signed
Seal of En _� ( Registered Professional Engineer. or
Surve ar Registered Land Surveyor)
Y ) ,
Michael J. Sergi
�- C# Summer ree
Haverhill , CIA 01830
Address