HomeMy WebLinkAbout2005-07-22 Recorded Decisions DEF SUB & WSP Town of North Andover }
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* Office of the Planning Departmentl R, HAV.
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1is�cHus�i 400 Osgood Street
North Andover, Massachusetts 01845 y o'�5r rj In; ,
btW://www.townofnorffindover.co
Lincoln Daley
Town Planner
P (978)688-9535 ;,,is Is to rnrtlfy that twenty(20)days
F(978)688-9542 atapsed from date of deelslen,filed
v,,titaui filing of an a peal.
NOTICE OF D ION oyoe A.Bradshaw
VYr� �JU fawn Clerk
Any appeal shall be filed
within(20) days after the
date of filing this Notice ;
in the office of the Town Date: July 22,2005 {
Clerk. Date of Hearings: April 5,thm May 17,ZOOS
Petition of: Claude & Laura Elias =,;!4 -T)
119 Hooker Farm Road, Salem, N.H. 03079 � "
01
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Premises Affected: 9 Winter-Street—
ap �>
103, Lot 12
J
Referring to the above petition for a.Definitive Subdivision. The application was
determined to be complete and was noticed and :reviewed in accordance with the C=D
procedures for review and approval in accordance with the Rules&Regulations -
Governing the Subdivision of Land and M.G.L. c 41 (the"Subdivision Control Law"). w
w
So as to allow the construction of street improvements, installation of storm water tv
management and erosion control measures, installation of underground utilities to the
unimproved section of Winter Street for the purpose of creating a 500'+ paved private
roadway to a proposed single-family dwelling unit located on Map 103, Lot 120.
At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a
Definitive Subdivision,upon a motion made by Richard Nardella(regular member May
05), 2nd by James Phinney, with language as amended, vote was unanimous 4-0.
Signed: ��Tdwn
/
Lincoln Daley, Planner,
cc: Applicant for the Planning Board
Engineer ATTEST:
f1 'f'mie Copy
Abutters
Town Departments
Town Clerk
I1GARD OF APPEALS 688-9541 BUMDW0 688-9545 CONSERVATION 688-9530 B ALTH 688-9540 PLANNING 688.9535
Winter Street Definitive Subdivision Map 103,Lot 20
Conditional Approval
Winter Street
The Planning Board, by unanimous vote, herein APPROVES the Definitive Subdivision for the
improvements to the unimproved section of Winter Street for the purpose of creating a 500'+
private roadway to a single-family dwelling unit located on Map 103, Lot 120. Claude & Laura
Elias, 119 Hooker Farm Road, Salem, NH 03079, submitted this application on March 14, 2005.
The application was determined to be complete and was noticed and reviewed in accordance
with the procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law). The area
affected is located off Winter Street in the Residential 1 (R1) Zoning District and is shown on
Assessors Map 103,Lot 120.
The Planning Board makes the following findings as required by the Rules and Regulations
Governing the Subdivision of Land:
A. The Definitive Plan, dated March 30, 2005, revised April 20, 2005 satisfies the
requirements of the Planning Board Rules and Regulations regarding the subdivision of
land. The above referenced plans are complete and technically adequate.
B. The approved Definitive Plan has due regard for the provision of adequate access to the
lot in the subdivision by ways that will be safe and deemed satisfactory for travel. The
plan has been reviewed by the Town engineer and has been found to be acceptable in that
it provides adequate access to the single-family dwelling unit.
C. The approved Definitive Plan secures safety in the case of fire, flood, panic and other
emergencies. The new roadway and driveway will provide satisfactory access to the
home during emergency situations. The Definitive Plan has been reviewed by the
Division of Public Works ("DPW") and the appropriate public safety agencies and has
been found to be acceptable. The installation of a fire hydrant on the property and a
residential fire spriw kler system has been implemented to further ensure'the safety of
property and life during an emergency.
D. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage,
underground utility services, fire, police and other similar municipal equipment, and
other requirements where necessary in a subdivision. The Definitive Plan has been
reviewed by the appropriate public safety agencies and has been found to be acceptable.
E. The Definitive Plan is in conformance with the purpose and intent of the Subdivision
Control Law. The roadway improvements will be constructed to minimize the
environmental impact on the wetland resource areas. The improved section of Winter
Street, the asphalt berm, the water main, the hydrant, and drainage infrastructure as
shown of plan listed below will remain private and will be maintained in perpetuity by
the owner and successors of subject lot.
F. 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 owners of said property and the Town.
Page 2 of 9
I
Winter Street Definitive Subdivision Map 103, Lot 20
Conditional Approval
Winter Street
G. The Definitive Plan conforms to the design and construction standards described in these
Rules and Regulations, the attached Appendices, and in accordance with the DPW's
acceptable standards for roadway construction with the exceptions of waivers granted in
Condition#18.
H. The Definitive Plan conforms with all applicable zoning requirements.
I. The construction of the single-family dwelling will be restricted to the limits of the
Conservation Zone as depicted on said plans below and the allowable contiguous buildable
area stated in the Zoning Board of Appeals' decision issued July 21, 2004;
J. The North Andover Zoning Board of Appeals issued two decisions for this parcel of land
and proposed private roadway improvements on July 21, 2004 (petition #2004-013) and
January 18, 2005 (petition#2004-035).
K. The North Andover Conservation Commission issued two Order of Conditions for this
parcel and associated roadway improvements both rendered on May 25, 2005: DEP File
Number 242-1309: Roadway, Driveway and Utilities for the single-family dwelling unit
and DEP File Number 242-1300: Single-Family Dwelling Unit located on Map 103, Lot
120.
Finally, the Planning Board finds that the Definitive Subdivision complies with all Town Bylaw
and Board of Health standards and requirements so Iong as the following conditions are
complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental
monitor who shall be chosen in consultant with the Planning Department. The
Environmental Monitor must be available upon four (4) hours' notice to inspect the site with
the Planning Board designated official. The Environmental Monitor shall make weekly
inspections of the project and file monthly reports to the Planning Board throughout the
duration of the project. The monthly reports shall detail area of non-compliance, if any and
actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Site Opening Bond in the amount of $1,000 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. A
covenant (FORM I) securing the remaining lot 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 required in
Condition 6.
Page 3 of 9
Winter Street Definitive Subdivision Map 103, Lot 20
Conditional Approval
8
Winter Street
b) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision.
c) All subdivision application fees must be paid in full and verified by the Town Planner.
d) 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 requested
by the Planning Board, which include, but not limited to, those changes outlined in the
Public Works' memorandum dated May 12, 2005 and Fire Department's April 11, 2005
correspondence, must be submitted to the Town Planner for review prior to endorsement
by the Planning Board, within ninety (90) days of filing the decision with the Town
Clerk.
e) The Subdivision Decision for this project must appear on the mylars.
h) 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 site:
a) Yellow"Caution" tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site.
The applicant shall then supply a copy of a plan, certified by a registered professional
engineer, certifying that the 'limit of clearing and grading have been cut in accordance
with the approved plans.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Plattner.
c) The applicant will be required to obtain permits from the Department of Public Works prior
to any water and sewer utility work.
d) A pre-construction meeting must be held with the developer, their construction
employees, the Planning Department, and Conservation Department to discuss
scheduling of inspections and inspections to be conducted on the project.
4)Throughout and During Construction:
a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary
by the Town Planner, throughout the construction process.
b) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a
plan and reviewed and approved by the Planning Staff. Any approved piles must remain
covered at all times to minimize any dust problems that may occur with adjacent properties.
Any stock piles to remain for longer than one week must be fenced off and covered.
Page 4 of 9
Minter Street Definitive Subdivision Map 103, Lot 20
Conditional Approval
Winter Street
i
c) Hours of operation during construction are limited from 7 a.m,to 5 p.m., Monday through
Friday and 8 a.m.—5 p.m.'on Saturdays.
5) Prior the lot being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1)
certified copy of the following documents: recorded subdivision approval, recorded
Covenant (FORM 1), and recorded FORM M must be submitted to the Town Planner as
proof of recording.
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, 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 acceptable to the North Andover
Planning Board. 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;
vi) drainage facilities;
vii) site restoration and wetlands mitigation; and
viii)final site cleanup
G) 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
5(c)above.
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 and roadway,
iii) location of all water and sewer lines,
iv) location of all drainage infrastructure,
v) location of wetlands and any site improvements required under a NACC orders of
condition,
vi) any grading called for on the lot,
vii)all required zoning setbacks, and
vii) 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.
Page 5 of 9
Winter Street Definitive Subdivision Ma 103,Lot 20
Conditional Approval
Winter Street
d) Lot numbers,visible from the roadways must be posted on the lot.
e) An as-built plan must be submitted to the Division.of Public Works for review and approval
prior to acceptance of the sewer and water appurtenances for use.
f) 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 and the Department of Public Works an
interim as-built, certified by a professional engineer, verifying that all utilities have been
installed in accordance with the plans and profile sheet. The sewer manholes along the
roadway must be at finish grade and accessible to DPW staff at all times.
g) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1) The single-family dwelling must contain a residential fire sprinkler system. The plans
and hydraulic calculations for each residential system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each residential system must also be supplied to the Building
Department.
7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall
be required:
a) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health and Conservation Commission.
b) A permanent house number must be posted on dwelling and be visible from the private
roadway.
c) All roadway work must be completed and inspected by the DPW and Planning Department.
d) The residential fire sprinkler system must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the system has been installed properly in accordance
with the above referenced regulations must be provided from both the North Andover Fire
Department and the North Andover Building Department to the applicant. The applicant
must then provide this certification to the North Andover Planning Department.
e) The driveway along Winter Street, the Winter Street improvements, the asphalt berm, the
water main, the hydrant, drainage infrastructure, and underground utilities will be owned
and maintained in perpetuity by the owner and successors of said property. Further, snow
removal for said roadway will be the responsibility of the owner and successors of said
property in perpetuity. The applicant shall incorporate these conditions as a deed
Page 6 of 9
5 i
Winter Street Definitive Subdivision Map 103,Lot 20
i
Conditional Approval
e
Winter Street
restriction and a copy of the recorded deed shall be submitted to the Town Planner
and included in the file.
S) Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning .
Department for review and approval.
9) 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,
10)The applicant will be required to post signs indicating a "Private Way" at the beginning of the
improved section of roadway on Winter Street. The Town Planner will review any signs posted
for this project.
11)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) The privately owned improved section of Winter Street must be maintained year round,
particularly during winter snow periods and remain clear of vehicles.
c) The fire hydrant will be maintained year-round and remain clear of vehicles and other
obstructions at all times.
12)There shall be no burying or dumping of construction material on site.
13)Tree cutting shall be kept to a minimum throughout the project to minimize erosion, to
protect the water resource areas, and preserve the natural features of the site. The limit of
clearing is restricted to area outside the Conservation Zone as depicted on the plans below.
1 4)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
15)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
1&)The utilities must be installed and the roadway improvements constructed to binder coat two(2)
years from the date of this approval. If the utilities are not installed,the roadway improvements
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.
Page 7 of 9
1
Winter Street Definitive Subdivision Map 103,Lot 20
Conditional Approval j
Winter Street
17)Any action by a Town Board, Commission, or Department, or owner which requires changes in j
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. '
18)The following waivers from the Rules and Regulations Governing the Subdivision of Land,
North Andover, Massachusetts have been GRANTED by the Planning Board since it has been
determined such action is in the public interest and is not inconsistent with the State Subdivision
Control Law. Additionally, these waivers for the proposed privately maintained roadway are
being granted so as to minimize the impervious paving, grading and earthwork required to
complete the improvements to the unimproved section of Winter Street as the project is located
within a sensitive area of the Watershed Protection District and water resource areas:
a) Waiver from Section 6.7.2, Improving Existing Streets has been granted, The Winter Street
roadway improvements are for the purpose of creating a privately owned and maintained
roadway to the subject parcel, Map 103, Lot 120 and will not be further extended. Said
improvements minimize the extent of environmental impact on the water resource areas by
reducing the amount of impervious surface and utilizing the existing natural grades and
topography for construction. The roadway improvements have been reviewed by the
DPW and the appropriate public safety agencies and have been found to be acceptable
and conform to the minimum standards allowed.
b) Waiver from Section 6.8.1 has been granted, With the inclusion of a residential fire
sprinkler system, the installation of a fire hydrant, and the privatization of the roadway,
utilities, and drainage infrastructure, the DPW and appropriate public safety agencies
determined that the design and roadway layout meet the minimum roadway standards
allowed for access and public safety.
c) Waiver from Section 6.9, Curbing has been granted. The roadway improvements along
Winter Street are for the purpose of creating a privately owned and maintained roadway to
the subject parcel, Map 103, Lot 120. Due to the nature of this definitive subdivision, the
construction of curbing is unwarranted.
d) Waiver from Section 6.11, Sidewalks has been granted. The roadway improvements along
Winter Street are for the purpose of creating a privately owned and maintained roadway to
the subject parcel, Map 103, Lot 120, Due to the nature of this definitive subdivision, the
construction of sidewalks is unwarranted.
e) Waiver from Section 6.1 4, Storm Drainage has been granted. The storm drainage plan and
utilities as shown on said plans referenced below were reviewed by the DPW and deemed
adequate to ensure the proper management of storm water run-off and recharge.
f) Waiver from Section 6.21, Street Lighting has been granted. Due to the nature of this
definitive subdivision, the installation of streetlights is unwarranted.
Page 8 of 9
i
Winter Street Definitive Subdivision Map 103, Lot 20
Conditional Approval
Winter Street
A
18) The Town Planner shall approve any insubstantial change to the above-referenced plans and
reports. Any changes deemed substantial by the Town Planner shall be presented to the
Planning Board for its determination of whether such changes would merit a public hearing or
meeting, and/or formal modification of this decision.
19) This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Prepared for: Claude & Laura Elias
Prepared by: Joseph J. Serwatka, PR
P.O. Box 1016
North Andover,MA 01845
Scale: 1"=20'
Sheets: 1 and 2
Date: April 20, 2005 and revised June 6,2005
Page 9 of 9
4
Town of Noah Andover
} Office of the Planning Department jely
n CommunityDevelopment and Seances DiC.
G:� eft
400 Osgood Street
North Andover,Massachusetts 01845 5 r.
ht www.t �vnofnorthandover.co dG k1 Jet, Z5 A
Lincoln Daley
Town Planner
P 0)78)688-9535 This is to certify that twenty(20)days
F(978) 688-9542 have elapsed from dale of decision,flied
NOTICE + CISION without fil€�aoef nai.
Al-� �Ir jTooyoo A,
Ia� h ad� 1w
`r Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town
Date: July 22,2005
Clerk, Date 4Hearings: Apra 5,thra May 17,2005
Petition of: Claude& Laura Elias.
119 Hooker Farm Road, Salem,N.H. 03079
Premises Affecte 9 Winter Street
Map 103, Lot 120
Referring to the above petit r a ion o W,atershed Special Permit from the requirements of
the North Andover Zoning Bylaw, Section 4,136.
So as to allow the construction of a single family dwelling within the Watershed with
roadway, driveway, installation of utilities, grading and storm.water management and
erosion control measures, for the purpose of creating a 500' +;pawed private roadway to a
proposed single-family dwelling unit located on Winter Street,Map 103, Lot 120.
., ca
,=
At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a
w
Watershed Special Permit,upon a motion made by Richard Nardella(regular member
May 05), 2"d by James Phinney,with language as amended, vote was unanimous 4-0.
Signed:
Lincoln Daley, To Planner,
cc: Applicant for the Planning Board
Engineer
Abutters
Town Departments A' I°la C 0
/1 True Copy
Town Clerk
BOARD OF APPEALS 688-9541 BU[LDING 688-9545 CONSERVATION 688-9530 IiEALTH 688-9540 PLANNING 689.9535
1
Watershed Special Permit--Construction of Single-Family Residence Map 103,Lot 20
Conditional Approval
Winter Street
The Planning Board hereby grants the Watershed Protection District Special Permit, and makes
the following findings based on the application of Claude &Laura Elias, 119 Hooker Farm
Road, Salem,NH 03079, who submitted this application on March 3, 2005. The applicant
submitted a complete application which was noticed and reviewed in accordance with Section
4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
The area affected includes Map 103, Lot 20 (identified as 0 Winter Street) and a portion of the
unimproved section of Winter Street in the R-1 Zoning District. The applicant is requesting a
Watershed Special Permit to allow certain work related to the construction of a single-family
dwelling unit, associated driveway, and related grading in the Non-Disturbance Zone of the
Watershed Protection District. The parcel was created in 1997 and is subject to the Watershed
Protection District provision for lot created after October 24, 1994.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. Specifically the Planning Board makes the following FINDINGS
OF FACT:
1. That as'a result of the proposed construction in conjunction with other uses nearby, there will
not be significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this finding on the following facts:
a) The proposed structure will be connected to Town water and sewer systems. In accordance
with the Zoning Board of Appeals' decisions issued July 21, 2004, the proposed single-
family dwelling unit will be the last residential unit allowed for Map 103, Lot 120. Said
parcel will not be further subdivided;
b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides,
herbicides, salts)that can be used on the private roadway and on the site;
c) The topography of the site and existing unimproved section of Winter Street will not be
altered substantially;
d) The construction of the single-family dwelling will be restricted to the limits of the
Conservation Zone as depicted on said plans below and the allowable contiguous buildable
area stated in the Zoning Board of Appeals' decision issued July 21,2004;
e) Certification has been provided by a registered professional engineer that the single-family
residential dwelling unit and associated driveway will not have an effect on the quality or
quantity of'runoff entering the watershed protection district;
f) The construction of the single-family residential dwelling unit and associated driveway has
been reviewed by the Town's Engineer and with the application of the erosion control
measures, there will be negligible degradation to the quality or quantity of water in or
entering Lake Cochichewick or any wetlands.
Page 2 of 5
3
Watershed Special Permit--Construction of Single-Family Residence Map 103,Lot 20
Conditional Approval
Winter Street
2. There is no reasonable alternative location outside the Non-Disturbance Zones for any
discharge or construction activity.
In accordance with Section 10.3 t of the North Andover Zoning Bylaw, the Planning Board makes
the following
FINDINGS OF FACT:
1. The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
2. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5. The existing lot meets the minimum lot area requirements for a lot within the R-1 District as
shown in Table 2 of the North Andover Zoning By-laws.
6. The Planning Board also makes a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
1) SPECIAL CONDITIONS:
a) The Town Planner shall approve any changes made to the plans referenced below. Any
changes deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control
Monitor to inspect the site during construction activities, specifically during installation
of the driveway and utility connections. The Erosion Control Monitor shall conduct
weekly inspections and provide a monthly written report of the site conditions and
recommended stabilization measures. Disturbed slopes shall be immediately seeded; and
c) The single-family dwelling must contain a residential fire sprinkler system. The plans and
hydraulic calculations for each residential system shall be submitted for review and
approval by the North Andover Fire Department. Plans and hydraulic calculations for
each residential system must also be supplied to the Building Department.
d) This permit shall meet all of the requirements and conditions stated in the Definitive
Subdivision Plan Decision issued March 17, 2005 for Map 103, Lot 120.
Page 3 of 5
Watershed Special Permit--Construction of Single-Family Residence Map 103,Lot 20
' Conditional Approval
Winter Street
2) Prior to issuance of a building permit:
a) A performance guarantee of$1,000.00 in the form of a check made out to the Town of
North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b) All erosion control and stormwater management measures as shown on the plan must be in
place and reviewed by the Town Planner.
c) No pesticides, fertilizers, salts, or other chemicals will be used on the site. The applicant
shall incorporate this condition as a deed restriction and a copy of the recorded deed
shall be submitted to the Town Planner and included in the file.
3) Prior to release of the Performance Bond;
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches,
sediment and oil separator, private roadway layout, and other pertinent site features. This
as-built plan shall be submitted to the Town Planner for approval. The applicant must
submit a certification from the design engineer that the site was constructed as shown on the
approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced below.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date May
17, 2005 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: "Winter Street Improvements and Watershed Special Permit Plan"
Page 4 of 5
Watershed Special Permit—Construction of Single-Family Residence Map 103,Lot 20
1 Conditional Approval
Winter Street
Prepared for: Claude &Laura Elias
Prepared by: Joseph J. Serwatka, P.E.
P.O. Box 1016
North Andover, MA 01845
Scale: l"= 20'
Sheets: 1 and 2
Date: April 20, 2005 and revised June 6,2005
cc, Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
Page 5 of 5