HomeMy WebLinkAbout1999-04-06 Revised Application DEF SUB Plan } a
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NOUCe tO PPLICART/TOWN Cm and COrtificatioa of Action of PIarming Board
on Definitive Subdirlsion Plan entitled., The Sa.nctuarY, North Andover, MA
By; Merrimack Engineering Services dated Rev: 1 2/2 f998
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", or otherwise provide security for the con—
struction of ways and the installation of municipal services within said sub—
division, all as provided by G.L. a. 41' 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 Tots
1ta< as shown on said Plan without the prior
consent of said Board of Health.
k• Other conditions:
1n L,
SEE ATTACHED
Isa he event that no�ad,,%al,
p s have been taken from said approval within
twenty frosa the arch Andover PlanniWVto
orthwith
therafter endorse formal ap oval upon said p
The Nor h Ando r P1 Board has 02SAPPR s d
8 a1 py axing
reasons:
NORTH MOM PLAMCM .SOARD
1 ( �1 C1
Date: C) JU
;
RICH.ARD S. ROWEN
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The Sanctuary- Definitive Subdivision r
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for an eleven(5) lot subdivision
known as The Sanctuary. Saint Michael's Church, 196 Main Street,North Andover,MA 01845
submitted this application on January 4, 1999. The area affected is located in the R-3 Zoning District.
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 31, 1998,last revised on 4/2/99, 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 except as noted in Condition 14.
C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law
and where the plan lacks conformance the Planning Board has granted waivers as indicated on such
plan.
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) 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)hour's 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 Development Schedule must be submitted for signature by the Planning Board,which
conforms to both Sections 4.2,and Section 8.7 of the North Andover Zoning Bylaw. The
schedule must show building permit eligibility by quarter for all lots.
The Sanctuary-Definitive Subdivision
1
b) A Site Opening Bond in the amount of five thousand ($5,000) dollars to beheld 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) A covenant(FORM 1) 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 4(d).
d) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
e) All application fees must be paid in full and verified by the Town Planner.
fl The Subdivision Decision for this project must appear on the mylars.
g) 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) Yellow tape must be placed at the edge of the tree canopy indicating the construction limit line
The Planning Staff must be contacted prior to any cutting and or clearing on site.
b) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be in place and reviewed 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(1)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 off site properties fi•om 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 Sanctuary-Definitive Subdivision
2
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 shall not be limited to:
I
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
vih)final site cleanup
A Performance Security may be established for each phase individually.
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 J.
c) 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:
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 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) 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 prop�i placement of the driveways
The Sanctuary-Definitive Subdivision
3
i
regardless of whether individual lots are sold. The Planning Board requires avLy driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone liound position.
7) 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.
b) 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 deeds and easements
have been recorded at the Regishy of Deeds.
c) 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.
8) 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.
9) There shall be no burying or dumping of construction material on site,
10)The location of any stump dumps on site must be pre-approved by the Planning Board.
11)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
13)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.
The Sanctuary-Definitive Subdivision
4
I
°d, 1999 fiom
14)The Planning Board hereby grants the waivers indicated on the plans revised April 2
the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,
revised February, 1989 have been granted by the Planning Board. In addition to those waivers
shown on the plan in item 5, page 1,the applicant is hereby required to make a donation to the
sidewalk fund in the amount to be determined by D.P.W. prior to the endorsement of plans
15)The utilities must be installed and the streets or ways constructed to binder coat by May 1, 2001 If
the utilities are not installed,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.
16)This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Plans Entitled:
i) "Definitive Plan, The Sanctuary, North Andover,Mass" Developer: St.
Michael's Church, 196 Main Street, North Andover, Mass. 10845, ten sheets
dated 3/31/98, last revised 4/2/99, prepared by Merrimack Engineering
Services, 66 Park Street,Andover,MA 01810
4) "Pre Development Plan, The Sanctuary, North Andover,Mass" Developer: St.
Michael's Church, 196 Main Street, North Andover, Mass. 10845, Watershed
Plan two sheets dated 10/16/98, prepared by Merrimack Engineering Services,
66 Park Street,Andover,MA 01810
b) Reports entitled:
i) Statement of Environmental Impact and Erosion Control Plan, "The Santuary",
North Andover, Massachusetts dated 12/11/98, prepared by Merrimack
Engineering Services,Inc.
ii) The Sanctuary, North Andover, Massachusetts, "Storm Water Report, dated
November 11, 1998,prepared by Merrimack Engineering Services, Inc,
CC.
Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
The Sanctuary-Definitive Subdivision
5
Apipficant
Engineer
File
The Sanctuary-Definitive Subdivision
6
4�
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'�::;�- R � �VO CB to APPL1CAI7/T0WN CLERK and Certification of Action of Planning aoard
ou Defi.nitive Subdivision Platt entitl+�ds Th Sanctuary, North Andover, MA
• � $yt. Merrimackngix�eering Services dated Rev. 2/2 gg
� 1 t 1�q
f� follo North oddity 2:nning Board has -voted to APPROVE said plant subject to the
g nditi,ontas. ,
i►. �� I. That the record owners of the sUbJcet ]arid forthwith execute and record
a V1 "covenant with the laridreo or otherwize provide security for tha con--r� structibn of ways and the installation of municipal services �ithis� said aub•� '
divi3i.0n9 all as provided by G.L. a. 41.9 S. 81—U.
u� J 2• That all such construction and installationa shall in al],•yes CCU
s. ccnfOrm to the gova� rulea and regulations of this Board.
Pests
r 'X� q) 3E That as required ,
t g by the North Andover Board of HG<b in its report to
{ th 6.is 8oarda no WUding.or other structure shall be 1t or placed upon Lots
coil as shown on said plan without' the prior s;' cot►seat Of said Board of Health..
4o Other conditions:
SEE, ATTACHED �' s
V r rrJ
M;;K�
..� Tn he event that no .a ,� a have been takes from said approval within .
. t�ra ty. days tr this dat®9 the Ol'th Andover P
thOr after endorse s formal ap oval upon said p �. forthwith
Tha No h And® r Planning ,
Board has MAi'PR said p1an9 �o the oaring
ii reasons:
3K)R7
Ii AMDOV PLA1i1 M
IK Data: o) 1 Ely: � ^�
RSCHARD S. ROWEN
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