HomeMy WebLinkAbout1997-04-18 Recorded Decision DEF SUB Notice to A'PPLICANP/T(NN C= and cartiiicstion of Action of Plamdng Board
k7 pn Definitive Subdivision Plan entitledt oid cgntgr sane
By: New England Engineering dated1JgVsm6Br 6,,-.
Revised - 1/27/97 6 3/24/97
-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
a "covenant running with the land"t or otherwise provide security for the con-
struction of ways and the installation of'manicipal services within said sub-
division, all as provided by G.L. c. 41., S. SI-U.
2. That all such construction and installations shalt 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
NO. as shown on said 'Plan without the prior
consent of said $vend of Health.
k. Other conditions: w'
See Attached
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In the event that no appeal-shall have been taken from said approval within
twenty days from this dates the North Andover Planning Board will forthwith � .
thereafter endorse its formal approval upon said plan.
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The North Andover Planning Board has DISAPPROVED said plant for the following
_reasons:
NORTH ANDOM PLANNIM BOARD
Datet Aril 16, 1997 Bps ,mane r
Old Centex
Lane De initiveBubdivision
conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision creating two (2) new lots and
recreating two(2)existing lots known as Old Center Lane. This application was submitted by-John I j
-Burke,North Andover,-MA 01845 on November 19, 1996. The area affected contains 141,415 SF of
Jand in a Residential-3,Zone off of Johnson Street.
The Planning Board makes the following findings as required by the Rules and Regulations Governing j
the-Subdivision ofLand:
A. 'The Definitive Plan,dated November 6, 1996,rev. 1/27/97,3124/97 includes all of the information
.indicated in Section 3 of the Rules and-Regulations concerning the procedure for the submission of {
-plans.
-B. The Planning Board has determined that a conforming subdivision roadway could be constructed
based on the following plan:
Plan tided: Old Center Lane-Definitive Subdivision Plan of Land on Johnson Street
North Andover,MA
-Prepared for: John J.Burke&Benjamin C. Osgood Jr.
Scale: 1"=30' .
Sheets: 1 .4
Prepared by: New England Engineering Services,he.
33 Walker Road
North Andover,MA D1845
Dated: November 6, 1996,rev. 1/27/97
C. As provided for in M.G.L. Ch.41 Sec. 8IR the-Planning Board has waived a sBnificant number of
design standards in order to limit the impact on the neighborhood and the watershed protection
district, In reducing the amount of pavement required,and allowing a steeper grade,the amount of
cutting and filling is reduced as-well as the amount of storm water that must be controlled. See.
Conditionl4 for a detailed list of the waivers-granted.
D. The Definitive Plan is in conformance with the purpose-and intent of the Subdivision Control Law.
E. The Definitive Platt complies with all of the review comments submitted by various -town
departments in order to comply with state law, town bylaws and insure_the-pubfic 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;
-l. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
Following;
a) The roadway must be changed-to reflect a sixteen foot width on the plan,
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b) The list of waivers-must be added to the plan,
c) The-road must be designated asa private way on the plans.
d) A profile o?the proposed roadway(with-the waivers)must be provided for.the Board
to review-the grades.
e) A catch basin to manhole configuration which connects to f-B.#I in-lieu of the rip-rap
-swale which directs runoff from Old Suer Lane to the detention basin-must be shown
on-the.plan. This is due to the steep slope-found in-this location.
f? The manhole must be supplied with a catch basin grate in-lieu of the solid cover and a
rim elevation of259.0.
g) The pipe out ofmanhole#14 must be a 15"pipe at the saute 2%slope as proposed for
the 8"pipe to allow AN manhole to function as an overflow structure at an elevation
just lower than the emergency spillway.
h) -The final roadway design and drainage-must be submitted to the outside consultant and
to D.P.W.for final review and approval.
i) A landscape plan acceptable to both the applicant and the abutting property owners nlf
Peter&Martha Roderiques must.be submitted for review and-approval by the Planning
Depamtent,The intent of the landscape plan is to icreste a sufficient buf'erbetween the
abutters and the roadway-and detention pond.
j) A-covenant must be placed upon lots 33A and 38B-detailing the maintenance
and ownership of the roadway,utilities,and detention pond. The covenant must
-also state that-ffib private drive which is not built to town standards and will
-never become a public way. Town services will not be provided.on the private
-way,however trash and recycling pick-up will be provided on Johnson:StreeL A
copy of.thecovenant must-be-submitted to thel%nning Department for review
and approval and subsequently recorded at the Registry]of Deeds.
k) A detailed construction-schedule must be:submitted as part of the-plans,
1) A covenant(FORM1)securing all lots within the subdivision for the construction of
ways and municipal services must be-submitted to the Planning Board.Said lots-mybe
released from the covenant-upon posting of security as requested in Condition 3(e).
m) All application-fees must-be paid in full and verified by the Town Planner.
n) The applicant must meet with the Town Planner in order to ensure that the plans
conform with 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,
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o) The Subdivision Decision-for this project mustappearon the mylars.
p) All documents shall be prepared at the expense of the-applicant, as required by the
Planning Board Rules and-Regulations Governing the Subdivision ofLand,
2, Prior to any work on-site:
a) Three(3)complete-copies of-the endorsed and recorded plans and one(1) certified
copy of the -rocorded subdivision approval, recorded covenant as -referenced in
Condition 10), and FORM I must iro submitted to the Town Planner as_proof of
recording.
b) All-erosion control measures must be in place and reviewed by the Town-Planner.
c) Any trees to be removed fromtheAte must be marked in the field-and reviewed by the
Town Planner. The applicant must preserve as many of the existing Norway Spruce as
possible along the rear property line.
3. Prior to-any lots-being re med$om the statutory covenants:
a) A copy of the recorded rovenant:from 1 0)mustbe provided to the Town Planner.
b) All landscaping along the property boundary with-n/fRoderigues as set forth in
condition must be complete.
o) The applicant must comply with1he Phased DevelopmentBylaw,Section 4(2)ofthe
Tnwn ofNorth Andover-Zoning Bylaw,This project is-exempt from Section 8.7
Growth Management as the preliminary-plan was filed prior to May 6, 1996-and the
definitive plan was submitted within seven months.However-the exemption will only
run for-eight-years from the date of the endorsement of the plans as set forth under
Mass.GenJAw.
d) A complete set of-signed plans, a copy of the Planning Board decision,and-a copy of the
Conservation'Commission Order of Conditions must be on file at the-Division of Public
Wo& prior to issuance of permits for connections -to utilities. The subdivision
construction end 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
propased 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"I report to the Planning Hoard prior to a vote to release said lot._
fl The applicant must submit a lot release FORM J to-the Planning Board for signature,
g) A-Perl'omtance-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.
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The bond must be in the form of a check made-out to the Town of-North Andover. This
check will-d=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
ii) sewers and utilities
id) roadway construction and maintenance
iv) lotwW site erosion control
v) sitescreux wa and street trees
vi) drainageAcilides
vhi) Bite restoration
vM) final site cleanup
4. Prior 04-FORM U verffiration for an individuallot,the following information is required by
the PlannirgO)epartment:
a) The applicant must submit a certified copy of the recorded FORM J referred to in
Condition 3(d)above,was filed with the Registry of Deeds office.
b) A plot plan for the lot in question must he submitted, which includes all of the
following:
i) location oftheVructure,
H) location of the driveways,
iii) locationufthe Wtic systems if applicable,
iv) location-of all water and sewer lines,
v) location of wetlands and any site improvements-required undera NACC order
of condition,
vi) any grading walled for on the lot,
vh) all required zoning setbacks,
viii) location of any drainage,utility and other-easements.
e) All appropriate erosion control measures .for the lot shall be in Iace. Final
determination of appropriate measures-shall be made by the Planning Board or Staff
d) All catch basins shall be protected and maintained with hay bales to prevent-'Atation
into thre-drain lines during construction.
e) 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.
Lot numbers,vWblelxom the roadways must be posted on-all lots.
5. Prior to a Certificate of Occupangy being requested for an individual lot,-the following shall
be-required:
a) A stone boulard 4' tall out of the ground and.8"square with-4" numbers engraved
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upon all-4 sides of-the boulard shall be installed where the private-roadway intersects
Johnson-Street, The numbers will represent Johnson.Street numbers.
b) Sprinkler systems conforming to the requirements of the NAPD must be installed in the
homes.The sprinklersystems are required due to the waivers granted on the pavement
width aril cul-de-sac construction.
c) The roadway must be constructed-to at least-binder coat of pavement to properly
access-ft lot in-question. Prior to construction of the binder coat, the applicant_shall
ensure that a required inspection and testing of water, sewer,_and drainage facilities
-has been completed, The.-applicant must mubmit to the flown Planner an interim as-
built.oer ed by aprofessional-en&oer,verifying that all utilities have been installed in
-accordance with the plans and prove sheet.
d) All necessary pertnits and approvals for the lot in question shall be obtained from the
North Andover Board of Health,-and Conservation Commission.
e) Permanent house-numbers must be posted on dwellings and be visible from the road,
t) All slopes on the lot in question shall be stabilized,as solely determined by the Planning
Department in regards to erosion,water run off,and safety.
g) The lot merit be raked,loamed and seeded,sodded,or mulched if the weather does not
permit seeding or sodding.
h) '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 tote moved at-the ownerszVense if such-driveway is:at-a catch
basin or stone-bound position,
i) The Planning Board reserves the right to review the site after construction is complete
and require-additional site screening as it-deems necessary and reasonable.
6. Prior to the final release of security retained for the site by the Town, thefollowing shall be
completed-by the applicant:
-a) _A"Private Way'-sign mustbe planed-at end of the roadway.
b) The applicant must make a donation to the sidewalk fund equal to-the cost-of-providing
a_sidewalk-along both sides of the street for its entire length. The cost will be
determined-by the DPW. A&nation is-required as the-Planning Board has waived the
construction of the-sidewalk. '
c) AnAs-built plan and prolate ofthesite shall be submitted for review-and approval,
d) The Town Planner shall-ensure-that all Planning,Conservation Commission,Board of
Health.andTivision of Public Works requirements are satisfied mid that construction
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was in strict compliance with 0 approved plans and conditions,
7. The Town Planner will review any signs utilized for this project. The applicant must obtain a
sign pwnit as required by Section 6 of the Bylaw. The Planning Board shall approve any
entranoe-structures. Any lighft used for the entrance signs must be removed prior_to
acceptance-of the subdivision by the Town.
8. The applicant shall adhere to the fallowing requirements of the Fire Department:
a) Open burning is allowed by pwrdt 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,
9. There-sh9be no burying or dumping of construction material on site,
10. The location of-any stump dumps on site must be pre-approved by the Planning Board.
IL The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
M Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
13. Any action by a Town Board, Commission, or Department which requires changes in the
roadway aligrutrent, plaaernent of any easements or utilities, drainage facilities, grading or no
.tart lines,may be subject-to modification by the Planning Board.
14. The following waivers from the Rules and Regulations Governing the Subdivision of Land,
North Andover,its, revised February, 19S9 have been granted by.the Planning
Board. These waivers have been granted due-to thesmall size of this subdivision(2 lots)and
to-the fact that a portion of this site is located within the Watershed Protection District. The
waivers will allow the applscant-to reduce the amount of infrastructure thereby minimi�ng the
dishirbance.on the site and the impact to the-environment.
a) Section 7(A)(3xa): The roadway grade will be 10% to reduce the amount of filling
required to construct the roadway.
b) Section 7(Ax3)(b): The length of the leveling area will be reduced from 50 to 25 feet
to minimize the amount of filling required to construct the roadway,
c) Section 7(Ax3)(b): As this road is a private way and will.not be maintained by the
town,bituminous curb will be allowed in lieu of granite curb.
d) Section 7(B)(1): As the Board is encouraging a reduction in the overall site
disnubarue,,the_road need only be cleared in the area directly under the roadway and 3
fed-to each side for the length-of the right-of-way.
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e) Section 7(B)(4):The Planr*Hoard will allow a pavement-width of sixteen feet to
reduce the overall disturbance to the-Ate, The applicant must install sprinkler systems
in the bomes in return for this waiver,
f) Section 7(Bx5): The Planning Hoard will grant a waiverr on the construction of the full
turn-aroundin order to nddmize the overall disturbance of the site.
g) Section 7(Bx7): As this-road isa private way and will not be maintained by the town,
bimnunous curb will be allowed in lieu of granite curb.
h) Section 7(C)(1):In order to reduce-the amount of fill required,the Board will allow a 5'
shoulder.
i) Section 7(D)(1): The applicant will make a donation to the sidewalk fund equal to the
cost of providing 9a-sidewalk-Wong both sides xof the-street for its entire length, The
cost will be deternainedbyihe DPW.
j) Section 7(F): Instead-of a street sign,-a-private way sign and a stone bollard with the
street numbers carved into it will be installed. -See condition 5(a).
k) Section 7(Ii)(4): As this roadway will be a private way, easements for the roadway,
detention pond and utilities will be privately maintained. A maintenance and
ownership-agreement,94-be record as required by condition--- -.
15, utilities must be installed and the streets -or ways constructed to binder wat by
(two-years from-thc date permit granted). If the utilities are not installed,the
-t eats or waysam not constructed to binder coat and an-extension has not been granted by the
.Planning Board by the.above referenced date, this definitive subdivision approval-will-be
deemed to havelapsed,
1.5. This Definitive Subdivision Plan is based upon -the Following information: which are
incorporated into this decision by reference:
Plan titled: Old Center Lane
DeSinitiveSubdivision Plan
Prepared for John J.Burke&Benjamin C.Osgood Jr.
of Land on Johnson Street,North Andover,MA
Scale: 1"=30'
Sheets: 1 -3
Preparedby., New England Engineering Services,Tnc.
33 Walker Road
North Andover,MA 01845
Dated: November b, 1995,rev. 1127/97,3/24/97
Revised Stormwater Management Report for Did Center Lane Subdivision Plan
Johnson Street,North Andover,Massachusetts
Prepared for: Now England Engineering Services,Inc.
33 Walker Road
7
y
North Andover,MA 01845
Prepared by: Hayashi Corporation
21 Hog hill Road
Pepperell,MA 01463
Dated: March-25,1997
Statenumt of Environmental Impact
Old Center Lane
North Andover,Mass.
Prepared by: Now England Engineering Services,Inc.
33 Walker Road
North Andovex,-MA 01845
Co. Conservation Administrator
Director of Public Works
Health Ad►ninis=or
Building Inspector
Police Chief
Fire Chief
Assessor
Applies
Engineer
File
Old Center Lane-subdivision
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