HomeMy WebLinkAbout1995-01-12 Application Def Sub Plan & Decision DEF SUB _,,t
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled; East Pasture Estates
By: Hayes Engineering, Inc. dated December 14 � 1995
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"p or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
di.visionf all as provided by G.L. c. Lilt 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. Thatt as required by the North Andover Board of Health in its report to
this Boardq no building or other structure shall be built or placed upon Lots
No. 1,2,3,4 as shown on said Plan without the prior
consent of said Board of Health.
4* Other conditions:
See Attached
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In In the event that no appeal shall have been taken from said approval Wffhin
twenty days from this dater the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plant for the following
reasons:
t
NORTH ANDOVER PLAIMIG BOARD
March 21 1995 %I
Datet By:
Richard Nardella, Chairman
FORM C JOTC 8 C),dAW
NORTH ANDOF?XR
APPLICATION FOR APPROVAL OF DEFINITIVE FLAN
A4 jZ
_ ' 95
January
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81—L, for approval of a proposed subdivision shown on a plan entitled
East Pasture Estates, North Andover, MA
by Hayes Engineering, Inc. dated ,December 1.4s.1224,
being land bounded as follows: westerly by B d
of Houde, northerly by land of Strobel, easterly by land of Gauthier, and
southerly by land of Vaughan, containing 4.64 acres, more or less.
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 References North Essex Deeds* Book 1245 t Wage 781 ; max Plan #6868
Certificate of Title No. _, Registration Book , page ; or
Others
Said plan has(X) has not( ) evolved from a preliminary plan submitted to
the Board of on September 1 19 94 and approved (with modifications) ( }
disapproved (x) on October ,,,, _ ,t 19 94.
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
Boards
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
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 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 assi83ns of the
undersigned; and
3. To complete the aforesaid installations and construeti.o thin two (2)
years from the date hereof.
Received b Town Clerks G �2 - / D �5 J
Dates /2fI; Signatur of 4 licant
4� Donald F. & Nancy A. Johnston
Time: 31' 114 Boston Street, North Andover, MA 01845
Signature: Address
East Pasture Estates
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the Definitive Subdivision known as East Pasture Estates creating 4 lots
with 3 new homes,upon the application of Donald F. and Nancy A.Johnston, 114 Boston Street,North Andover,
MA 01845, dated January 12, 1995. The area affected contains approximately 4.5 acres in a Residential-2 Zone
off of Boston 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 December 14, 1994 includes all of the information indicated in Section 3 of
the Rules and Regulations concerning the procedure for the submission of plans,
B. The Definitive 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.
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:
a. The applicant must meet with the Town Planner in order to ensure that the plans conform with
the Board's decision,
rb A covenant (FORM I) 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 (d).
c, Right of way dedication easements for the proposed roadway shall be prepared at the
v applicant's expense and provided to the Planning Office.
The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed the subdivision. TI; Board vuill°sign tha-document nritl-itrn�zsh be rdud •the
EssexN&A-,,Rggis y `of Deeds.
e. A construction schedule must be submitted to the Planning Staff.
L All drainage, water, and sewage facility designs shall be approved by the North Andover
Division of Public Works. Provisions for water intrusion mitigation shall be included in the
design and shown on the construction schedule required in Condition 1 (e).
19/ All application fees must be paid in full and verified by the Town Planner,
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h./ A detailed street tree planting list shall be prepared listing specific material to be used. This
`! list shall indicate quantity and size of all proposed material.
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The Definitive Subdivision Decision for this project must appear on the mylars.
j. The applicant may either construct the sidewalk as shown on the plan, or make a donation to
t*' the"Sidewalk Fund"equivalent to the cost of constructing the sidewalk as determined by the
Planning Board upon the recommendation of the Division of Public Works, If the applicant
chooses not to construct the sidewalk, the sidewalk must be removed from the plan.
CThe final plans, showing the above required changes, must be submitted to the Town Planner
for review and endorsement by the Planning Board within ninety (90) days of
filing the decision with the Town Clerk.
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 applicant shall post (per agreement with the North Andover Planning Board) a Site
Opening Bond in the amount of rive thousand ($5,000) dollars to be held by the Town of
North Andover, The Guarantee shall be in the form of a check made payable to the Town of
North Andover and will be placed in 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 Performance Security as described in Condition 3(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 and as directed by the vote of the North Andover Planning Board.
b./ The plans must be endorsed by the Planning Board and recorded by the applicant at the Essex
1V North Registry of Deeds.
All erosion control must be in place and approved by the Town Planning Staff.
3. Prior to any lots being released from the statutory covenants;
a/ A complete set of signed plans, a copy of the Planning Board decision, and a copy of the
Conservation Commission Order of Condition 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.
1 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.
The applicant must submit a lot release FORM J to the Planning Board for signature.
d. A Performance Security (Roadway Bond) in an amount to be determined by the Planning
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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 maintenance
iv. lot and site erosion control
V. site screening and street trees
vi. drainage facilities
vii, site restoration
viii. final site cleanup
Ve All proper documents and easements required through Condition 1 shall be in place.
f Three (3) complete copies of plans and two (2) copies of all documents containing registry of
deeds stamps must be submitted to the Town Planner as proof of filing.
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 to the Town Planner proof that the FORM M referred to in
�f Condition I(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,
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.
C. 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.
,d.f/ All catch basins shall be protected and maintained with hay bales to prevent siltation into the
V 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.
f. Lot numbers,visible from the roadways must be posted on all lots.
S. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
required:
a. The roadway and sidewalk (if the applicant chooses to construct a sidewalk)
must be constructed to at least binder coat of pavement to properly access the lot in question.
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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.
b. All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and be visible from the road.
d. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Staff
in regards to erosion, water run off, and safety.
e. The lot must be raked,loamed and seeded,sodded,or mulched if the weather does not permit
seeding or sodding.
f. 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.
g. 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, 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.
C. 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 Planner 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 developer's responsibility to insure that all proper easements have
been recorded at the Registry of Deeds.
d. 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.
e. Two to two and one half inch caliper (2-23) street trees are, to be placed every fifty(50') feet
along both sides of all new roadways.
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. Any lighting used for the entrance signs must be removed prior to acceptance of the
subdivision by the Town.
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8. The applicant shall comply with the following requirements from the Division of Public Works:
a. The drainage installed between Station 2+75 and Station 3+98 shall be ductile iron pipe. The
trench shall be backfilled with gravel borrow with a maximum stone size of three inches.
b. Permits for utility and roadway extensions will not be granted until a set of approved plans, and
copies of the decision of both the Planning Board and the Conservation Commission are on file
at the Division of Public Works.
9. 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.
10. There shall be no burying or dumping of construction material on site.
it. The location of any stump dumps on site must be pre-approved by the Planning Board,
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
14. 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,
15. The following waivers from the Rules and Regulations Govenring the Subdivision of Land, North
Andover, Massachusetts, Revised February 1989 have been granted by the Planning Board:
Section 7(A)(2)(d) Cut-de-sac Turnarounds with Islands:
The street right-of-way shall be one hundred twenty(120) feet in diameter and include an island forty
(40) feet across at the center of the turnaround.
Section 7(13)(4)Pavement Sections for Residential Zones: The pavement width shall be twenty four(24)
feet.
Section 7(C)(1)Shoulders:An eight foot shoulder,eight inches higher than the edge of pavement grade
and a grade adjustment with 2:1 side slopes within the right-of-way will be allowed to preserve existing
trees.
Section 7(D)(1) Sidewalks: Sidewalks shall be required only on one side of the road.
Section 7(M)(1) Sanitary Sewer Facilities. dry sewers will not need to be installed.
These waivers have been granted in an effort to minimize the amount of cutting and filling required,
thereby decreasing the amount of erosion and siltation on site.
16. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section
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4.125, 10.3 and 10.31 of the North Andover Zoning Bylaw, The Special Permit and Definitive
Subdivision approvals are both based upon the following information:
a. Plan titled: Definitive Plan
East Pasture Estates
North Andover, Mass
Owner: Donald F. Johnston
114 Boston Street
North Andover, MA 01845
Engineer: Hayes Engineering, Inc
603 Salem Street
Wakefield, Mass 01880
Scale: 1" = 4(Y
Date: December 14, 1994
b. Mitigative Drainage Analysis
East Pasture Circle
North Andover, Massachusetts
January 1995
Hayes Engineering, Inc.
603 Salem Street
Wakefield, MA 01880
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
EpastSub
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FORM D
DESIUIER ' S CERTIFICATE
January 19 9. -."
TO THE PLAW41ING BOARD OF THE T014N OF NORTH A140OVER :
In preparing the plan entitled East Pasture Estates, North Andover,- MA 01845
I Hereby certify that the above named plan and accompanying data is true
and correct to the accuracy required by the current Rules and Regulations
Governing the Subdivision of Land in north Andover , Massachusetts , and
my source of information about the location of boundaries shown on said
plan were one or more of the following :
1 . Donald A. & Virginia Nancy Clough to Donald F. & Nancy A. Johnston
dated July 24, 1974 and recorded in the Essex North
County Registry in Book 1245 page 781
2 . Other plans , as follows various plans, both recorded and unrecorded.
Plan of Land in North Andover, Mass. ; dated May 1973; by Morse & Martin,
Surveyors; recorded with the Essex North Registry of Deeds as Plan No-. 6868.
3 . Oral information furnished by None
4 . Actual measurement on the around from a starting point established
by --_. referenced-plans and deeds,
5 . Other Sources None.
Si geed LS
.v%00 OF Maur
WILLUIMR• `= ° y; ( Registered Professional Engineer or
Registered Land Surveyor)
CM WINS W
.29 W3Q32�
Hayes Engineering, Inc.
603 Salem Street, Wakefield, MA 01880
Address
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HAYES ENGINEERING, INC.
603 SALEM STREET
WAKEFIELD, MA 01880 NOA-0045
(617) 246-2800 REFER To FILE#
FAX (617) 246-7596
January 12, 1995
Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845
RE: Definitive Filing - Forms C, D & E
East Pasture Estates - Donald F. & Nancy A. Johnston
Dear Clerk:
Pursuant to Section 3(C)(2)(a) of the Rules and Regulations Governing the Subdivision of Land,
North Andover, Massachusetts, you are hereby notified that on January 12, 1995, a Form C
Application, with an original and nine (9) copies of a plan set entitled "Definitive Plan; East Pasture
Estates in North Andover, Mass."; dated December 14, 1994, by Hayes Engineering, Inc. (4
sheets); a Mitigative Drainage Analysis, dated January 1995, a filing fee of$1,400.00; a Form D
(Designer's Certificate); a Form E (Certified List of Abutters); and a Request for Waivers was
submitted to the Planning Board for approval. Attached hereto is a copy of the various forms.
Kindly acknowledge receipt of this notice by signing the enclosed copy.
Very truly yours,
iWilllagmR. Bergeron, P,
Project Engineer
WRB/dab
Enclosure
cc: Board of Health
Donald F. Johnston
Received with a copy of
Definitive Application
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EAST PASTURE ESTATES
NORTH ANDOVER, MASSACHUSETTS
January 5, 1995
DEFINITIVE PLAN FEE CALCULATION WORKSHEET
Definitive Plan Filing Fee = $ 200.00
Lot Fee -4 lots @ $300.00lea. 1,200.00
TOTAL. $1,400.00
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