HomeMy WebLinkAbout1993-12-07 Decision DEF SUB ['UM C r"
' APPLICATION FOR APPROVAL OF DEFINITIVE PLA?1 ;.IV
ATTE . DME LL NG
ATrueC o� August 6 SORT '
To the ITMAMkBoa.rd of the Town of North Andover: An 9 8 27 AM '93
Th6,`undersigned, being the applicant as defined under Chapter 41.E Section
81—L, for! ap roval of a proposed subdivision shorn on a plan entitled
"Chr� stmas' Tre6 Estates"
by Christiansen & Sergi. , Inc . dated 843/93
being land bounded as follows: Westerly by So . Bradford St . : Norrb_erl r
easterly & southerly by land of Essen Green Belt
hereby submits said plan as a DEFIMITIVE plan in accordance with the Rules and
Re�vlations of the ?forth Andover Planning Board and makes application to "the
Board for approval of said plan.
Title Reference- North Essex Deeds, Book 3517, Page 287 i or
Certificate of Title No. , Registration Book , page ; or
Other:
Said plan has( } has not(X) evolved from a preliminary plan submitted to
the Board of 19 end approved (with modifications) { }
disapproved ( on , 19
The undersigned hereby applies for the approval of said DEFINITIVE plats
by the Boardt and in furtherance thereof hereby agrees to abide by the Hoard'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
Hoard:
I. 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 insta�l ation of utilities within the limits of
Kays and streets;
2. To complete and construct the streets or Kays 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 speci.fica2ay, 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 crhol.e or part of said land, and assigns of •the
undersigned; and
3• To complete the aforesaid instal l ationti and construction within two (2)
years from the date hereof.
Received by Town Clerk: 7'
Date: Si Lure of Applicant
• --- Age3't for White Basch Construction
Time. 380 .Essex Street
Signat ure
Address
Lawrence , MA 01841
V.Lr.r u V v •• ---
on Def imiti'vewSubdiv-1. Plan entitled: ; f
Christmas Tree 2statf- }
Christiansen & Ser i dated August ,� 4
By: .. ...
The North Andover planting Board has voted to APPROVE said plan, subject to the
fol7.owing conditions:
1. That the' record owners of the subject land forthwith execute and record
/ I 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. c. 41, S. 81-t1.
2. That all such construction and installations shall in all respects
corForm 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 Boa.rdt no building or other structure shall be built or placed.upon Lots
ITo. as shown on said Plan without the prior
consent of said Board of Health.
4. 'Other conditions:
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Ln the event that no appeal sha11 have been taken from said approval within
twenty days from this dater the North Andover Pig Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plant for the following
reasons:
NOR ANDO BO
�y �
Date. December 7, 199Q By: Richard Nardella Chairman
, Christmas Tree Estates
Definitive Subdivision
Conditional Approval
The Planning Board herein ,approves the 5 lot Definitive
Subdivision,, with the fifth lot designated as open space. This
Subdivision Approval was requested by White Birch Construction,.
Co. , Inc. , 380 Essex Street, Lawrence, MA on August 9, 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 August 3 , 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 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.
b. A detailed construction schedule must be submitted as
part of the plans.
C. 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 (c) .
d. Right of way dedication easements for the proposed
roadway shall be provided to the Planning office an
must be recorded at the Registry of Deeds.
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e. A 10 roadway easement along South Bradford Street to
the end of the property line must be granted to the
Town to create a 50 ' foot right-of-way. Documents to
this effect must be reviewed by the Planning Staff-
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 recorded at the Essex North Registry of Deeds.
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g. 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(b) .
h. All application fees must be paid in full and verified
by the Town Planner.
i. 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 .
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:
The record plans must be endorsed by the Planning- Board and
recorded by the applicant at the Essex North 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
Planni*,ig Staff shall 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
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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
r 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
d. An escrow fund must be set up to cover the cost of
finishing South Bradford Street to the edge of the
property line. See Condition 14 (a) .
e. All proper documents and easements required through
Condition 1 shall 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 (e) 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 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
shall be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
e. All catch basins shall be protected and maintained with
hay bales to prevent siltation into ' the drain lines
during construction.
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f. The lot in question shall be staked in the field to
show the location of any major departures from the
record plan. The Town Planner shall verify this
information . The proposed layout shall be in
conformance with the "recorded plans.
rl g. Lot numbers, visible from the roadways 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
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.
R d. All slopes on the lot in question shall 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. The Planning Board reserves the right to review the
site after construction is complete and require added
site screening as necessary and reasonable. `
g. The site must be raked, loamed and seeded or sodded.
6 . Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant:
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a. An as-built plan and profile of the site shall be
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 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.
C. The Town Planner shall ensure that all planning,
conservation commission, board of health and department
of public works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
d. Monuments shall be set on the exterior street line as
required by Section 7 (P) of the Subdivision Rules and
Regulations.
e. 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.
f. The existing cul-de-sac must be removed and ,`the area
loamed raked and seeded. A standard roadway cross-
section must be established. -
7 . The Town Planner will review any signs utilized for this
project. The applicant must obtain a sign permit as
required by Section b of the Bylaw. The Planning Board will
review any entrance structures.
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 conf&rmance
with the Town Byl-ws 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.
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lo . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
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11. Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by .the respective utility companies.
1.2 . 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.
13 . The following waivers from the Rules and Regulations
Governing the Subdivision of Land in North Andover, MA have
been granted by the Planning Board:
a. Section 7 (A) (d) : the requirement of paving South
Bradford Street to the exterior boundary has been
waived. Paving to the exterior boundary would require
an excess amount of grading and would affect the rural
character of the parcel. The Board has determined that
development along South Bradford Street will not happen
in the near future thus there is no need to pave to the
boundary at this time. The developer must instead
place in escrow an amount equal to the cost of that
construction of the roadway to provide for potential
future expansion. The amount will be established by
the Planning Board upon a recommendation from the
Division of Public Works. The escrow fund is to be
retained ley the Town for use in its sole discretion.
b. Section 7 (D) : the requirement of sidewalks _ .has been
waived as there were no sidewalks required for the
existing section of South Bradford Street. In lieu of
sidewalks the developer is encouraged to donate to the
sidewalk fund an amount equal to the cost of
constructing sidewalks along one side of the roadway.
14 . This Definitive 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: Definitive P.R. D. Subdivisiori, Plan
Christmas Tree Estates
located in North Andover, MA
Prepared for: White Birch Construction, Inc.
380 Essex Street, Lawrence, MA
Prepared by: Christiansen & Sergi
160 Summer Street, Haverhill, MA
Dated: 8/3/93 , rev. 11/8/93
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Sheets: I through 5
Scale: as noted on plans
CC* Conservation Administrator
Director of Public Works ,
Health Administrator
Building Inspector
Police Chief
Fire Chief i
Assessor
Applicant
Engineer
File
Christree.Subd
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