HomeMy WebLinkAbout1986-09-02 Application for Modification (to Coventry Estates) of Definitive Plan FORM 0
1 A1,1,,1F 1_t1}EG M001Y MON
.�0 �' _ 01" ON FOR Wiz` OF D T ,INITIVE PLAN
1,, j rr
L] P` Zi 111 � U September r 2, ! 14 86
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under. Chapter 41., Section
81 T;, for approval of a proposed subdivision shown on a plan entitled
orchard Path Estates
by John Callahan Associates dated August 29, 1986
' being land bounded as followa Northeasterlz bx other land of the Smolak family,
Southerly by Mahe Coventry sane Estates Subdivision and Westerly by Dale Street.
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. 538 153.. ..,
/ 1360; 344;
Title, Reference: ✓North Essex Deeds, Book 1934 , Page' 180 ; or
Certificate of Title No. , Registration Book , page ; or
Other:
Redd plan has(X,) has not( ) evolved from a preliminary plan submitted to
the Board of 12/26/84 Xq9 . and approved (with modifications) )
disapproved ( on 5 28/85
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 utilities within the limits of
ways and streets;
2. To complete and construct the 'streets or ways and other improvements shown
t4ereon 'in accordance with Sections Yv 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 part of this application. This application and the covenants and agree—
ments herein shall.be binding upon all heirs, executors, administrators,
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.
Received by Town Clerk: / Co-Applicant: Coventry Devellpnient Cozp.
Date: 39ignature of Applicant
J ., ch. el oT alc 7 ,S teph n M. of
Time. �C u'
Signature: 2j5 ,!LMr'02'Z1QY. � =AMa .
m ..,..
&dd Andover, MA 01845
Notice to APPLICA �' id K and Certification of Action of Planning Board
on Definitive Sub itj' 94 n entitled: orchard Path Estates
Owner, H. Michke ' SfnXd ` 3r. & Stephen M. 5siolak
By: John Call �•I.s ,c4 Ci e dated r zest 2 � 199 6
The North Andover Planning Board has voted to APPROVE said plan, subjeet. to the
following conditions:
1. That the record owners of the subject land forthwith'execute and record
a "covenant"running Frith the land", or otherwise provide 'security far .the con—
struction of ways and the ipstall ation of municipal -services within said aub--
divisiont .all as provided by G.L. c. 41.t Z. 81.—U.
2. That all, such construction and installations shall in .all respects
conform to the governing rules and regulations of .this Board,
3. Thatl '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 Board of Health.
4. Other conditions:
SEE ATTACHED CONDITIONS
k
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.
TM itMM%%KIfgC DONAI 2MIIxx=RR&%Mxx vk x:f§IXx xftA)P)dM
NORTH ANDOVER PLANNIM BOARD
Date: December I8 , _ 198,E BY:
I .
N
OVER
ORCHARD PATH '- ��I1��"a� ffIIygVISION. PLAN
DECISION
A. All Planning Board order of conditions are to be placed on the
recorded definitive plan prior to signature of the Board .
B. Prior to signing the definitive plans all deeds of easements
shall be submitted to the Planning Board and held in escrow
'until completion . At the time of completion and prior to final
security release, thre developer and owner shall execute such
documents for the town .'
C. A certified as-built plan shall be submitted to the Planning
Board showing the location of all utilities (electric, sewer
and telephone) prior to binder coat application.
D. In accordance with Section 4 . 133 (2) , there will be NO dumping
or burying of wood stumps within the subdivision located in the
Watershed District .
E. A Notice of Intent shall be filed with the North Andover
Conservation Commission as required under Chapter 131, Wetlands
Protection Act and the local Conservation Commission ' s
regulations and any changes required may be cause for
reconsideration of subdivision under Chapter 41.
F. Any changes or revision to the subdivision plans or profiles ,
including the drainage as necessitated by order of conditions
ny the Conservation Commission may be cause for modification to
the subdivision under Chapter 41 , section 81 W. Note to be
placed on recorded plan .
1 . Status' of Old Dale Street shall be clarified , i . e . , letter
indicating that it has been officially abandonned . Also, Old
Dale Street shall be indicated on the plans .
2 . All drainage and sewer , easements shall be dimensioned and noted
and deeds of easements' shall be submitted to the Planning Board
in proper form prior to endorsement of the plan and shall
contain language that the Town of North Andover is not
responsible for extensive repairs to landscaping and replacing
of structures . .
3 . Granite curbing shall be installed on� all road slopes exceeding
4% and the balance of the subdivision ` shall have cape cool
bituminous , berM installed along both sides of the roadway,
4 : Applicaniry;sh&IF! i subM'it to the Plajihing ,bbai-d butter profiles .of_ al;.
the intersect'�.`a�!{af;'6zchard Path arid' AM'de ;Street for approval
demonstrating Lhat thel proposed catch, bra.sins are in conformity
with propobec ' 'lo a �oir�t. and rim e1'evatians `of "713 . 19 on SlteeL i.
3 .
6 . The driveway from the dwelling on Lot 8 will enter only onto
Orchard Path and not onto Dale Street. The Planning Board is
of the opinion that the minimizing of driveway curb cuts onto
Dale Street will enhance the traffic safety, health and
welfare.
7 . No construction will take place on the subdivision until final
detailed plans have been submitted and approved by thy.,'.
Department of Publ.ic - Works and have been submitted to the
Planning Board' for approval of the proposed sewerage pumping
station, force main location and gravity flow sewer line .
Detail will include Street Opening permit from the Highway
Surveyor and will detail excavation on to Dale Street with
specific times of day for construction so as to minimize
interference with peak traffic.
8 . No pavement will be placed on Orchard Path until all
underground utilities , including but not limited to, drainage
detention basins , water , electrical and sewer , have been
installed , inspected and approved An writing by the respective
approving authorities and submitted to the. Planning Board . The
Design Engineer shall submit , in writing , certification to the
Planning Board , that all utilities are properly installed in
accordance with the subdivision plan and that there is no
\ requirement to excavate any additional trenches across the
.� i roadway in and/or abutting the subdivision.
9 . Subject to. a bond in the amount of $6000 to guarantee the final
a-s-built - and acceptance plans for the entire subdivision y
including detention ponds . Said bond amount does not include
the setting of street monumentation which is governed by the
Highway Surveyor ' s street bond.
10 . No lots will be released from the covenant until the binder
coat of pavement has been installed on Orchard Path and all
trench excavation on Dale- Street has been fully and completely
repaved to the satisfaction of the Highway . Surveyor and the
Planning Board .
11 . The proposed swale across Lot 2 shall be encompassed by d
drainage easement running to the Town of North Andover for the
purpose of ensuring flood water flows from Dale Street across
Lot 2 to the detention basin on Lot 1. Said easement will
allow the Town of North Andover to enter into said lot for the
purpose of regrading as required to permit the free passage of
storm waters . Prior to the release of Lot 2 from the covenant ,
a copy of the deed for Lot 2 wi.11. be ;submitted for approval to
the Planning Board which will include the Easement and
substance to exclude any homeowner of Lot 2 from filling ,
regrading or placing any structure upon the Easement and shall
include that the Town of North Andover is not responsible for
for any replacement of structures upon the easement.
.12 . Deeds of conveyance for. Lot- 1 shall contain and be subject to
`I
a restriction prohibiting the alteration and or filling within
the drainage easement beyond .the approved contours of the
detention area .
13 . No individual dwelling shall be served by a sewerage pumping or
ejection station without the expilcit written approval of the
Board of Health . Written certification by the Design Engineer
to this effect will be required prior to the release of final
bond money.
1.4 . There shall be no driveways where stone bound monuments and
catch basins .are placed .
15 . The drainage pipe on Lot 5 shall be redesigned to conform to
the rules regarding velocity of flow in drainage pipes.
Driveway entry permits shall be obtained from the Highway
Sorveyor prior to excavation for driveway.
16 . All drainage pipes shall have the required cover over the top
of the pipe to finish grade as prescribers by the rules and
regulations . Written certification by the design engineer will
be required prior to the ,placement of any bituminous pavement.
17 . The applicant shall reconcile the distance from the catch basin
to the proposed headwall 'on hot 5 as delineated on Sheet 3 and
shall specify with construction specifications the size of
stone rip rap at 'tlie dispeisement basin on Lot 5 .
18 . The applicant shall specify with construction details and
specifications the size of the stone r.ip-rap and the size of
the detention basins on Trot 1. including the spillway and shall
reconcile the spillway elevation to conform to the drainage
calculations .
A . Ahe Planning Board approves the use of retention capability in
the detention basin of Lot 1 , but requires that the wetland
abutting the detention pond be shown with Sprang water
elevations to determine if the retention ,elevation of 174 . 00 is
not already below normal Spring water elevation .
20 . Tree cutting for construction will be designated on plans to he
submitted to the Planning Board for approval prior to
construction commencement on anv lot . The applicant shal.l,
sohmit written certification arid an as-built plan of the
subdivision . showing compliance prior to release of finish
pavement bond money. If more vegeta.ion has been removed then
the developer shall, he required to restore by the planting of
' mature trees Lander the direction of the tree warden.
7l .Fd .plan shall the requirements of the D. P .W. , the HighJav
' ,'surve.yor , the fire. ,gepRQment and the tree warden.
' 1122 . Due to the waiver request under Section 1V, A, 4 Dead EnO
Streets , .for the length of the cut.--de-sac the limited paved
f
i
Width of the roadway shall be 26 feet: in accordance with the
definition of minor streets .
23 . The applicant shall . submit a tree cutting plan prior to
construction on the site . In ar101tion , the developer .shall.
Contact the Planning Office thr, clay Before . they cut the road
through for a field inspection .
The Planning Board shall require the design of a landscapes.
circle in the center of the proposed cul--Oe-.sac by keeping as
Much of the existing vegetation .
24 .. Conditional approval of this sut-)fli.vision does not imply
pre-approval of any other outstanding permits , specifically
those ar soc.i_pted with Section 4 . T33 of the North Andover Zoning
Py-haw - Watershed Disttict Special. Permit or Variances .
25 . Plans Will not he endorsed until. , the proper submittal fee has
been submitted to the Planning Board for the application of the
Chapter. 41 submittal at least 10 this in advance of the
endorsement of these-. plans .
2E . Lot. #9 . will not be released from the covenant nor be
constructed upon and no work shall: be allowed to take place
rinti]_ the developer has reconciled to_ the Planning Bo,,rd
satisfaction . the isolated land subject to flooding . under
elevation' 19f3 and will remain in tact and not he relocated for
the purpose of the removal of existincl tree& and vegetation and
that flood' anj drainage calculations addressing the 1p0 years .
storm for that area subject to flooding have been submitted and
approved by the Planning Board with positive proof that no run
off waters from that part of the wntersh6d will be caused ' to
flow out anti onto Dale S-treet .
27 . ' The Street name shall_ he changed by request of the fire Dept .
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