HomeMy WebLinkAbout1997-04-03 Recorded Decision DEF SUB ' r • .
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
1] an Definitive Subdivision Plan entitled: H, T I (nmmVrrp Park
By: Scott L. Giles, R,P.L.S. . _ _ dated , 199-7
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", or otherwise provide security for the con--
structign 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 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 hots
\ No. as shown-on said Plan without the prior
consent ,of said Board of Health.
40 Other conditions:
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Iri the event that no appeal shall have been taken from said approv ' hin
twee days from this date, the North Andover Planning Bdo forthwith
thereafter`-e orse its formal approval upon said .
The North Andover P1 card DISAPPROVED said plan, for the following '
reasons:
�AJ d I (S" NORTH ANDOVER PJ AUW-r BOARD
Date: may 22, 1997 BY:: •
Joseph V. Mahoney �
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Orchard Hill Commerce Park Definitive Subdivision Conditional Approval
Orchard Hill Commerce Park Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision Approval for a two (2) lot
industrial subdivision known as Orchard Hill Commerce Park. George R. Barker, 1267 Osgood
Street, N. Andover, MA 01845 submitted this application, on March 17, 1997. The area affected
contains approximately 170,000 SF of land in the Industrial — 1 (1-1) Zoning District off of Osgood
Street.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A, The,Definitive Plan, dated 2/19/97, rev. 5/19/97 includes all of the information indicated in
�. Section 3 of the Rules and Regulations concerning the procedure for the submission of plans.
B. The Defu_ai_ti_ve 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. l
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:
ay Vertical curve data shall include information as indicated in the letter from the applicant
dated May 15, 1997, proposed slopes at terminus etc. Location of a permanent
benchmark should be shown on the plans. ,
C.. Eight-foot shoulders most be provided for the new section of roadway with a transition
to the eight feet from the existing pavement.
c) Corrections and additions as cited in the letter dated May 15, 1997 from Thomas .
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Orchard Hill Commerce Park Definitive Subdivision Conditional Approval
D. Zahoruiko of TARA LEIGH Development Corp,, which is attached hereto and
incorporated herein by reference.
d) The applicant must demonstrate that the existing storm water system can accept the
additional pavement constructed for this project.
e) The final roadway design and drainage must be submitted to the engineering
consultant, D.P.W., and the Planning Department for final review and approval.
fj 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 3(e).
g) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision. The Board will sign the document and it must be
i recorded at the Essex North Registry of Deeds.
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 Planning
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.
2. Prior to any work on site:
he applicant must send notice of the project change to the State Highway Department
for review
a)`
by Three (3) complete copies of the endorsed and recorded plans and two (2) certified
copies of the recorded subdivision approval, Covenant (FORM 1), and FORM M must
be submitted to the Town Planner as proof of filing,
c) All erosion control measures must be in place and reviewed by the Town Planner.
3, Prior to any lots being released from the statutory covenants:
The applicant must comply with the Phased Development Bylaw and Section 4(2)
8 7 Growth Management of the To of North Andover Zoning Bylaw.Section g wn g y
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Orchard Hilt.Commerce Park Definitive Subdivision Conditional Approval
b)/� 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 Works prior to issuance of permits for connections to utilities. The subdivision
construction and installation shall in all respects conform to the rules and regulations
and specifications of the Division of Public Works.
c)' 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.
e) A Performance Security in an amount to be determined by the Planning Board, upon
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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:
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i) as-built drawings
ii) 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
4. 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 3(d) above was filed with the Registry of Deeds office.
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, _.
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Orchard HiII'Comrnerce Park Definitive Subdivision Conditional Approval
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)' All catch basins shall be protected and maintained with hay bales to prevent siltation
into the 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.
fl Lot numbers, visible from the roadways must be posted on all lots.
5. 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 DPW and Planning Department
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 permit's and approvals for the lot in question shall be obtained from the
North Andover Board of Health, and Conservation Commission.
c) 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.
" d) The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not
permit seeding or sodding.
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
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Orchard Hilt Commerce Park Definitive Subdivision Conditional Approval
catch basin or stone bound position.
The Planning Board reserves the rights 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, the following shall be
corn feted by the applicant:
(a) ` The applicant may choose to build sidewalks as per the Town,specifications and submit
plans prior to such construction for approval by the Planning Office and Department of
Public Works. In lieu of the sidewalks the applicant may make a donation to the
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sidewalk fund equal to the cost of providing a sidewalk along one side of the street for
its entire length. The cost will be determined by the DPW. Unless plans are provided
and the sidewalk construction approved by the above departments a donation is
required, as-the Planning Board has waived the construction of the sidewalk.
b)/ An as-built plan and profile of the site shall be submitted for review and approval.
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.
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7. 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 roadway.
S. 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.
9, There shall be no burying or dumping of construction material on site.
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10. The location of any stump dumps on site must be pre-approved by the Planning Board.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective .
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Orchard HIII.Commerce Park Definitive Subdivision Conditional Approval
utility companies.
13. 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,
14. 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 as this is a two lot subdivision, only one lot will be constructed at this time, and the
proposed use for this lot is a gymnastics studio which does not involve industrial type traffic.
These waivers a re granted with the understand that the roadway will not be accepted as a
public way until such time as the road is brought up to the current Town standards.
a Section 7 A 2 c Cut-de-sac-width: The Planning Board has agreed to waive the
construction-.of the cul-de-sac. The roadway pavement must extend to the property
line but a cul-de-sac need not be constructed as the applicant will be constructing a
�. circular driveway on Parcel I-2A. ,This circular driveway is deemed sufficient for the
type of traffic anticipated at the site at this time, namely a gymnastics studio. If the use
of the building should change, the Planning Board reserves the right to require a
standard cul-de-sac.
f b Section 7 1 Sidewalks: The applicant will make a donation to the sidewalk fund
equal to`Oe cost of providing a sidewalk along one side of the street for its entire
length. The cost will be determined by the DPW. The applicant may choose to build
sidewalks as per the Town specifications and submit plans prior to such construction
for approval by the Planning Office and Department of Public Works.
15. The utilities must be installed and the streets or ways constructed to binder coat by
c ' N(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.
16. The Definitive Subdivision approval is based upon the following information which is .
incorporated into this decision by reference:
l
r Plan entitled: Orchard Hill Commerce Park ,
Owned by: George R:Barker
1267 Osgood Street
North Andover,MA 01845
Prepared by: Scott'L. Giles,R.P.L.S.
Frank S. Giles _.
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Orchard Hill Commerce Park Definitive Subdivision Conditional Approval
North Andover,MA
Scale: 1" 40'
Dated: 2/19/97, rev. 5/19/97
Sheets: Sheets one through and including three.
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Orchard Hill Commerce Park-subdivision
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