HomeMy WebLinkAbout1993-04-12 Decision II DEF SUB Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on EGfini.tive Subdivision Plan entitled;
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Byz /yL'�Pit/�1�'Cl�' L)vlri�►6ZryC��� dated f1N wn ,Sq lg y�•`-
The North Andover Planning Board has voted to APPROVE said plans 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-
divisiont all as provided by G.L. c. 410 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 Lots
Noo as shown on said Plan without the prior
consent of said Board of Health.
4, Other conditions;
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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NDRTHDL�G - CGh�� l�.
Date: A ril 6, 1993 By, Richard Nardella, Chairman
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FORM C
fEB 10 12 32 493
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
19 9 3
To the Planning Board of the Town of North Andover:
The undersigned# being the applicant as defined under Chapter 410 Section
81-Lo for approval of a proposed fubdivision shown on a plan entitled
STzvetiS [ .eel r r,w e.-
by �j[r�.fi�v.r-Cle !s��'i:vt'i-.C'�ow dated 13d 9 3
being land `bounded as followst ,,// �4,-e1 I n►J ffS�rce �o✓F�.�rl b (�r��as,
p�i7C/( W .0u/� o !VU �+ "'r' nYt c/ ldrtid �rJC�wC��
hereby submits s d plan as a DEFINITIVE plan in accordance witg 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/`/3S page -?/X; or
Certificate of Title No. .....,_# Registration Book # page ; or
Other:
Said plan has( ) has not(Vlooevolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved ( on `"' 19 —,
The undersigned hereby applies for the approval of said DEFINITM 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 Andovert 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 Surveyors 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 lv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the sane. 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 sha.U,be binding upon all heirs# executors# administrators$
successors# grantees of the whole or part of said lend, 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 Clark: ��-
Datet Signature of Applicant
Time: -733 sT Soir ' 2U9
Signature:
Address
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Stevens Crossing
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the Definitive Subdivision
requested by Rogers Park Realty Trust, dated February 1.0, 1993 .
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land;
A. The Definitive Plans, dated January 30, 1993 , include 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 applicant
complies with the following conditions :
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 to be endorsed conform with
the Board' s decision.
b. The Zoning Board of Appeals must have granted all
required variances ,
C . A detailed construction schedule must be submitted as
part of the plans .
d. 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 43 (c) .
e , Right of way dedication easements for the proposed
roadway shall be prepared at the applicant ' s expense
and provided to the Planning Office .
f . 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 filed with the Registry of Deeds .
g, All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works . Provisions for water intrusion mitigation must
be included in the design and shown on the construction
schedule required in Condition 1 c .
h. All plans must reflect the changes required by the
Planning Board including extending the lot lines to the
property line for Lots 11, 12 , 13 , 14 and 15 .
i . All conditions listed herein, which shall require
action by the applicant after endorsement, shall be
placed on the final sheet of the Record Plans which
will be presented for endorsement by the Planning
Board.
j . All application fees must be paid in full and verified
by the Town Planner.
All documents must be prepared at the expense of the
applicant , and must have prescribed metes and bounds as
required by the Planning Board Rules and Regulations
Governing the Subdivision of Land.
2 . Prior to the start of construction:
a. The record Plans must be endorsed by the Planning Board
and recorded by the Applicant with the North Essex
Registry of Deeds .
3 . Prior to any lots being released from the statutory covenants :
a . 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 will judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release .
b. The applicant must submit a lot release FORM J to the
Planning Board for signature .
C . 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 . Items
covered by this security may include, but will 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 E
V. site screening and street trees .
vi . drainage facilities
via. . site restoration
viii . final site cleanup
d. All proper documents and easements required through
Condition 1 must be in place .
4 . Prior to a FORM U verification (Building Permit Issuance)
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 Condition 1 (f) above,
was filed with the Registry of Deeds office .
b. 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.
C . A plot plan for the lot in question must be submitted,
which shows 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 North Andover Conservation
Commission (NACC) order of condition,
vi . any grading called for on the lot, and
vii . all required zoning setbacks
d. All appropriate erosion control measures for the lot
must be in place . Final determination of appropriate
measures shall be made by the Planning Board or Staff .
e . All catch basins must be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f . Tree drip lines on Lots 10 and 11 must be staked and
reviewed by the tree warden. There shall be no change
in grade within the drip lines . Existing trees on
these lots shall be preserved and protected from
construction damage to the maximum extent possible .
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g. The lot in question shall be staked in the field. Any
major departures from the record plans must be pointed
out to the Town Planner. The Town Planner will verify
that the changes will not require a modification to the
decision.
h. Lot numbers, visible from the street, must be posted on
all lots .
5 . Prior to a Certificate of Occupancy being issued 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
must 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 approved
plans and profile sheet .
b. All necessary permits and approvals for the lot in
question must be secured 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 must be properly
stabilized, as judged by the Planning Staff .
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 owners expense if such
driveway is at a catch basin or stone bound position.
f . Prior to a certificate of occupancy being issued for
Lots 14 and 15, a stone dust pathway must be completed
as shown on the plans entitled Landscaping and Lighting
Plan.
6 . Prior to the final release of security retained for the site
by the Town, the following must be completed by the
applicant :
a . An as-built plan and profile of the site must be
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submitted for review and approval .
b. The applicant shall petition Town Meeting for public
acceptance of the streets . Prior to submitting a
warrant for such petition the applicant must review the
subdivision and all remaining work with the Town
Planner and Department of Public Works . The Planning
Board must hold a portion of the subdivision security
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 with the Registry of
Deeds .
C . The Town Planner will ensure that all planning,
conservation commission, and department of public works
issues and conditions are satisfied and that
construction was in strict compliance with all approved
plans and conditions .
7 . The Planning Board reserves the right to review the site
after construction is complete and require added site
screening as necessary and reasonable .
8 . Two to two and one half inch caliper (2-2 . 511 ) street trees
are to be placed every fifty (501 ) feet along both sides of
all new roadways in between the sidewalks and the roadways
where the sidewalks are shown. Street trees must be a
minimum of four (4) feet from the edge of the pavement . Tree
species will be approved by the Tree Warden.
9 . The layout of the entrance roadway to Rogers Square and
Bailey Square must be staked out and checked in the field by
the Planning Staff and Tree Warden to preserve and protect
the existing trees along Osgood Street and the trees at the
entrances to the subdivision.
1.0 , 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 only within
the Town Bylaws and State Statute and only with the
review and approval of the Fire Department and
Conservation Commission.
C . Hydrants will be required at the end of each cul de
sac .
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d. House numbers must be put on the homes before final
inspection by the fire department .
11 . Tree cutting shall be kept to a minimum throughout the site
in order to minimize erosion and preserve the natural
features of the site . The developer shall inform the Tree
Warden when tree cutting is to occur. The Tree Warden may
pre-approve any major tree cutting.
12 . An approximate schedule for construction in Osgood Street
shall be submitted to the Town Planner for review and
approval . This should include the sewer and drainage lines
and all utilities which will require openings in the roadway
for tie-ins . The schedule shall be part of this decision.
13 . The existing trees along the entire stretch of Osgood Street
bordered by this subdivision must be pruned under the
direction of the tree warden. In addition, in order to
avoid any damage to these trees during construction of the
sewer lines along Osgood Street (ie . particularly damage to
the root systems) the Planning Board will hire (at the
applicant ' s expense - total cost not to exceed $2 , 500) a
registered arborist to review the plans for and the actual
construction of the sewer line and related improvements) .
14 . The applicant must comply with all State Highway Permit
requirements regarding access points onto Osgood Street .
15 . 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 , shall require a modification of this decision by
the Planning Board.
16 . There shall be no burying or dumping of construction
material on site .
17 . Any signs utilized for this project must obtain a sign
permit as required by Section 6 of the Bylaw and will be
reviewed by the Town Planner. The Planning Board will
review any entrance sign structures .
18 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
19 . Gas , Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies .
20 . The applicant must comply with the Phased Development Bylaw,
Section 4 . 2 of the Town Of North Andover Zoning Bylaw.
21 . All construction shall commence by (two (2)
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years from the date of this approval) and shall be completed
by (five (5) years from the date of this
approval) .
22 . The provisions of this conditional approval shall apply to
and be binding upon the applicant ,• its employees,
contractors and subcontractors, and all successors in
interest or control .
23 . The following waivers have been granted by the Planning
Board:
a. Section 7 .A.3 . 9 Grades of streets shall not be in
excess of 6% :
For a short distance the grade will vary from 6 . 2%
to 7 . 0% to allow for lot grading and to allow the
roadway to follow the topography of the site more
closely. Sloped granite curbing will be provided
at these locations .
b. Section 7 .D. 2 Sidewalks are to be constructed five (5)
feet wide :
The sidewalks will be constructed four (4) feet
wide .
24 . This Definitive Plan Subdivision approval is based upon a
Special Permit GRANTED in accordance with Section 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 plans :
a . Plans Entitled: Special Permit and Definitive Plan
Stevens Crossing
North Andover, MA
Dated: January 30, 1993
Prepared For: Rogers Park Realty Trust
733 Turnpike Street - Suite 209
North Andover, MA 01845
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Sheets : 1 through 11
b. Architectural Plans for proposed homes at Stevens
Crossing showing "The Andover" , "The Bradford" , "The
Cambridge" , and "The Dover" floor plans .
Prepared By: Woodman Associates
20 Inn Street
Newburyport, MA 01950
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c . Landscape and Lighting Plans for Stevens Crossing,
North Andover, MA dated February 26 , 1993 , revised
March 26 , 1993 .
d. Book Entitled: Statement of Environmental Impact
North Andover, Mass .
Stevens Crossing
Dated: January 30, 1993
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
e . Book Entitled: Drainage Analysis for Stevens
Crossing in North Andover ,
Massachusetts
Dated: February 25 , 1993
Prepared By: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
CC . Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
StevensCross . subd
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