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HomeMy WebLinkAbout1998-07-09 Application for Approval of Definitive Plan FORM CC TOO QLF `)K APPLICATION FOR APPROVAL OF DEFINITE PWRTH ANDOV R May , 10 r 19 98 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41f Section 81—L, for approval of a proposed subdivision shown on a plan entitled by Joseph J . Serwatka dated _ 5/15/98 being land bounded as follows; To the North b Winter Street to . the South by Land of Smolak -Farm and Bridle Path . 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 4736 y Page 156 ; or Certificate of Title No. , Registration Book r page ; or Other: - Said plan has( ) has-fidt(X) evolved from a preliminary plan submitted to the Hoard of 1g and approved.. (with modifications) { ) disapproved { j oa - 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 Healthy and all general as well as zoning bylaws 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 thereon in accordance with Sections Tv 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 specification's 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$ #Acutorsr administrators,, . successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and con; ruction within two (2) gears .from the date hereof. }} Received by Town Clerk: Date: ignature of ApplIcant Anne M. Messina U . P.A. fo Tie' Santo & Anne Messina Signature: Address 12 Vista Cirlee Methuen , MA 01844 Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Hoard on Definitive Subdivision Plan entitled: Rose Meadow Subdivision By; Joseph Serwa�ka dated May ' 1999 - -� lc} 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 municipal services within said sub- div siont all. as,' provided by G.L. c. 411 S. 81 U. 2. -'That aL,1,: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.t °nabuilding or other structure shall be built or placed upon Lots No. :•.:as shorn on said Plan without the prior - consent. of said Board of Health. ; 4. Other.canclitivns; • Y��Ja SEE ATTA-CHED cry`"71-1 ftJ� w� In he event t t no appeal shall hav bee taken from said proval within tx my days f om Is date t the No Andov, r Planning Bo forth th t reafter a arse its formal app oval upon aid plan. T e Nort Andover Pl oard has DISAPPR d plant for the olio g re son y" NOR PLAN rB By: dL c ar S. owen t i Rose Meadow Definitive Subdivision Conditional.Approval The Planning Board herein APPROVES the Definitive Subdivision for a one (I) lot subdivision known as Rose Meadow. Anne Messina, U.P.A. for Santo and Anne Messina, 12 Vista Circle, Methuen, MA 01844, submitted this application on May21, 1998. The area affected is off of Winter Street in the R-1 Zoning District. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. In 1985 the Planning Board endorsed a.FORM A plan creating seven(7) lots along this portion of Winter Street. This application seeks to create two lots from the original seven. One lot will be buildable the other lot is not buildable at this time. B. This section of Winter Street is currently a gravel road not maintained by the Town. C. Under G.L. c. 41 sec 8 1 L a road may serve as frontage for lots on a FORM A plan if that road meets the conditions set forth'in that section of the law. In its present condition this portion of Winter Street would not meet these standards therefore a lot may only be created under the Subdivision Control Law. D. The Definitive Plan, dated May 15 1998, includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans, E. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition F. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. G. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town bylaws 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) Not further lots will be created or homes built an this portion of Winter Street unless and until this portion of Winter Street is brought to town standards as set forth in the most recent subdivision rules and regulations. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) The following information as outlined in the memo dated June 25, 1998 to Kathleen Bradley Colwell, Town Planner from James Rand, Jr., Director of Engineering must be reviewed and approved: i) Road cross -section U) Leaching catch basin iii) Drainline iv) Watermain v) Hydrant detail vi) Water gate needed where extension begins vii)Note for testing of water main to all town standards b) A Site Opening Bond in the amount of one thousand ($1,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest`bearing escrow account. This amount shall cover any contingencies that might affect the public welfare such as site- opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Roadway Bond as described in Condition 4(d). This Site Opening Bond may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full or partially retained in accordance with the recommendation of the Planning Staff as directed by a vote of the NAPB. c) The final subdivision plans must be reviewed and approved by the Planning Department and D.P.W. d) A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must he submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition e) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. f) All application fees must be paid in full and verified by the Town Planner. g) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Boards 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 tiling the decision with the Town Clerk. h) The Subdivision Decision for this project must appear on the mylar. i) 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. 3) Prior to any work on the site, a) All erosion control measures as shown on the plan must be in place and reviewed and approved by the Town Planner. 4) Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (I) certified copy of the following documents;recorded subdivision approval, recorded Covenant (FORM I), recorded Growth Management Development Schedule, and recorded FORM M.must be submitted to the Town Planner as proof of recording. b All site erosion control measures required to protect offsite properties from the effects of p p p 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. d) 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 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 not be limited to: 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 5) Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. b) The applicant must submit a certified copy of the recorded FORM r referred to in Condition--------above. c) A plot plan for the lot in question must be submitted, which includes an 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, vii)all required zoning setbacks, viii) location of any drainage, utility and other casements. d) All appropriate erosion control measures for the lot shall be in place, The Planning Board or Staff shall make final determination of appropriate measures. e) Lot numbers, visible from the roadways must be posted on all lots. .. 6) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: 7) Sprinkler systems must be installed in all homes per NAFD requirements. 8) 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. 9) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission 10)Permanent house numbers must be posted on dwellings and he visible from the road. 11)There shall be no driveways placed where stone hound 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 requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 12)Prior to the final release of security retained for,the site by the Town, the following shall be completed by the applicant: 13)An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, 14)The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Plattner 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 developers responsibility to insure that all proper deeds and • t casements have been recorded at the Registry of Deeds. 15)The Applicant 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. 16)The applicant shall adhere to the following requirements of the Fite Department: 17)Open burning is allowed by permit only after consultation with the Fire Department. 18)Underground bid storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval oft he Fire Department and Conservation Commission. 19)There shall be no burning or dumping of construction material on site. 20)The location of any stump dumps on site must be pre-approved by the Planning Board. 21)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 22)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 23)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. 24)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; 25)These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. 26)The tilit' s must be installed and the streets or ways constructed to binder coat by NT/JQ (two years from the date permit granted). If the utilities are not ins alle , 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, 27)This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans Entitled: Subdivision Plan of Land "Rose Meadow" Subdivision and Winter Street Improvements Prepared for: Santo and Anne Messina i Date: Mayl5, 1998 Scale: as noted b) Reports entitled: Drainage Calculations for Rose Meadow Subdivision Winter Street North Andover, MA 01845 Date: May 1998 i CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Rose Meadow- subdivision i LIST OF PARTIES OF INTEREST SUBJECT PROPERTY i%ilAP PARCEL LC-r PIAlYtE " _ At�C]RESS 1 .. - Santo & Anne Messina 268 Massachusetts Av. t ABG TFFlS :41rtP P31 E{_ �QT Nf1�4i>= A©ORES5 103 7 SJ,�T L �4- I awrnce_ 103 David & Car�yp V�tfi3m titer SI ,�L,,�vm 143 Rodney8sK jstmr Hotlep�ls _____ 4 adf�St...N _Andave, 103 R dKKi t3radford-SLNo_Andover- 104C 14 Veme._t.Afaster radfaaLSL-NaAadaver 104C 71 Richard & Mary Hadjla I fQB Sf �1fl�dnve 1-1 O;}C 44 -_ John Alexandra ��tle 87 So BradFord St—No Agdov� j 104C �� � � Witliam HurleyAdams 5t, 11104C 17 I Richard & i;-arol.@aImos b5-Bddle Peth U Aadove 104C 72 Robert Vetevis _ 1IQ0 Bridle Path No Ancaier F 104C 73 I Will m gaN ]ansky -_ ) ��4 B dle_P'ath.._Nn....Aud r I 104C 74 Ste_hen & Shari lop iatto rWie Path No_Andtaver—1 104C 89 _Ma & or • le Path Nn And� _� I