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HomeMy WebLinkAbout1995-08-15 Decision DEF SUB J FORM C R APPLICATION FOR APPROVAL OF DEFINITIVE PiACE TOWN CI.E.RK i HORTH ARDOYER January 17 s 19 95 JAK 't a� L; To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41., Section Sl.-Lt for approval of a proposed subdivision shown on a plan entitled Definitive Subdivision Plan "Evergreen Estates' located in N_oLtb Andover by M Christiansen & Sergi , Inc , dated December 28 , 1994 being land bounded as follows-.Northerly bt Com of MA , land of Steer and Fried ; easterly by land of Fried , DeMer , Rough , Green , Caleassi , Yourre , Mateia , Farr and Com of MA; westerly by Com of MA,. 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. 1087 314 Title Reference: North Essex Deeds, Book 2901 , Page 13 ; or Certificate of Title No. , Registration Book , page ; or Other: Said plan has(X) has not( ) evolved from a preliminary plan submitted to the Board of Aug 24 _._,19 _a_ _ and approved (with modifications) ( ) disapproved (X on O c t 4 t 1994 ,• The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boardt and in furtherance thereof hereby agrees to abide by the Board's :Rules and Regulations.. The undersigned hereby further covenants and agrees «dth the Town of North Andover, 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 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 plant 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 assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof, _' Received by Town Clerk: ��- Date: Signature of Applicant Messina Development Corp . , 805 Winter St . Time: ort n over , IA 01845 Signature: Address Notice to APPLIQAW/ I CLERK and Certification of A on of ?Iaru mg Hoard F Definitive Subdi.vj&-.on Plan entitled: ^. Evergreen Estates By: Christiansen & Sergi dated l.q 94 �..r• 'lE afr jf' r1F � i4 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the , :,,Iect land forthwith execute and record a 'covenant running with the land"ty or otheiwise provide security for the con— struction of ways and the installation of municipal services within said sub— divisi.ont all as provided by G.L.- c. LEI.# 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 regtised by the North Andover Board of Health in its report to this Board, no building or other structure shall be brllt or placed upon Lots No. as shbwn on sa_i, "tan without the prior consent of said Board of Health. 4. 'Other -conditions: -ram See attached Q"{� c rta rn C.� In the event that no appeal shall have been taken from said approval within twenty days from this date, .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: NORTH A.NDOVER PLANNIM BOARD Date: August 15, i995 By: Jasepi, V. Mahoney, Chairman Evergreen Estates Definitive Subdivision conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a twenty-two (22) lot subdivision known as Evergreen Estates . This application was submitted by Robert Messina, Messina Development Corp, 805 Winter, North Andover, MA 01845 on January 24 , 1995. The area affected contains approximately thirty-five (35) acres in a Residential -2 Zone off of Salem 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 28 , 1994, rev. 6/1/95 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 planting plan for the stormwater treatment area and the wetland replication area at the entrance to the subdivision must be submitted for review and approval. The planting plan must include a mix of trees and shrubs if possible. b., Additional storm water storage must be provided on Lots 21 and 22 where the 100 foot contour meets with the wetland boundary. c The detention basin dikes should conform to ASCE standards, V The plans and typical cross-section must be revised to reflect a five (5) foot grass strip in the area beyond 1 the special wetland crossing detail . The two proposed access easements between each cul-de-sac and the adjacent property should be identified as access and utility easements. f. The proposed hydrant at Lot 10 should be installed at fy approximately station 10+40 opposite the driveway to Lot 5 . The proposed hydrant at Lot 8 should be installed at station 14+25. g./ Per requirement of the Department of Environmental V/ Management, a twenty-five (25) foot no-cut zone will be required along the rear lot lines of all proposed lots abutting the Harold Parker State Forest, to run with all deeds of conveyance from the proponent to individual lot purchasers. Exceptions to this twenty-five (25) foot no- cut zone may be made for the placement of sub--surface sanitary disposal systems as may be required by the Town. However best efforts must be used to maintain the integrity of a uniform twenty-f ive (2 5) foot no-cut zone. Per requirement of the Department of Environmental Management, the applicant must provide a uniform grade, gravel base, 20 ' wide access right of way at the end of the proposed cul-de-sac in favor of the Department for emergency vehicles, forestry management and harvesting, and public access. These access right of ways will link up with existing DEM trails. All improvements or alterations that are required will be effected by the applicant at the applicant ' s expense. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. A detailed construction schedule must be submitted as part of the plans. 3� 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) . Executed right of way dedication easements for the proposed roadway shall be provided to the Planning Office at the applicant ' s expense. m 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. 2 n. 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 (f) . o. All application fees must be paid in full and verified by the Town Planner. A full set of final plans reflecting the changes outlined above, must be submitted to the Town Planner for review endorsement by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk. q The Subdivision Decision for this project must appear on the mylars. 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 o any work on site: The approved plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. b The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Guarantee in the amount of fifteen thousand ($15, 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 described in Condition 3 (d) . This Site opening Guarantee may at the discretion of the Planning Board be rolled over the 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. p. / All erosion control must be in place and reviewed by the Town Planner. 3 . Prior to any lots being released from the statutory covenants : 3 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. 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 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 1�� 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. 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 e. Three (3) complete copies of the endorsed and recorded t plans and two (2) certified copies of the recorded subdivision approval, Covenant (FORM 1) , Right of Way easements, and FORM M 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. All lots must be approved by the Board of Health. The Board of Health has determined that Lots 6, 9, 12 , 13 , and 21 cannot be used for building sites without injury 4 to the public health without further testing. No building or structure shall be placed upon these lots without consent by the Board of Health. b. Due to the large amount of rock on the site which may interfere with the amount of parent material available for leaching, the Board of Health will require that the leaching area for each lot be completely excavated to insure that there is the requisite four feet of parent material present throughout the entire location proposed for the leaching area. C. The applicant must submit to the Town Planner proof that the FORM J referred to in Condition 3 (c) above, was filed with the Registry of Deeds office. d. 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 easements. e. 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. f. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. g. 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. h. Lot numbers, visible from the roadways must be posted on all lots. 5 . Prior to a Certificate of occupancy being requested for an individual lot, the following shall be required: 9.bA A stop sign must be placed at end of Pheasant Brook Road where it intersects with Salem Street. driveway easement across Lot ;22 must be 'granted to Tan 5 and Denise Danis, the adjacent property owners, to allow them access to their lot from Pheasant ;Brook Road.... The location of. the. . easement . shall be determined per agreement. between the applicant and. the Danis ' . . . C. Sprinkler systems must be installed under the direction of the Fire Department. Sprinkler systems are required in return for a waiver on the length of . the roadway. (See Condition 8) d. 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. e. All necessary permits and approvals for ' the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. f. Permanent house numbers must be posted on dwellings and be visible from the road. g. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Department in regards to erosion, water run off, and safety. h. The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. i. 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. j . 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 . Per requirement of the Department of Environmental Management the applicant will provide and install lock gates, to DEM'' specifications at -the . boundary lines of each access right of. way. Keys are to be... provided for. the .. benefit. of DEM management and. local emergency response units (police, "fire, 6 1 ambulance) . 7 . Prior to the final release of security retained for the site i by the Town, the following shall be completed by the applicant: a. The boundarybetween.Pheasant 'Brook Road and the property. ��� owned by Zan and Denise Danis must be properly screened ( Z per agreement between the applicant and the Danis' and as approved by the Town Planner. 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. 8 . The following requirements of the Division of Public Works must be adhered to: a. The spacing between the top of the vertical curve and CB #12 and CB #13 is acceptable. b. The precast concrete arch bridge and related walls should .be designed and stamped by a 'structural engineer. Shop drawings of the bridge and . headwalls in the proper configuration.must be submitted to the DPW for review and approval prior to manufacture. C. Permits for utility and roadway extensions will not . granted until a`'set 'of plans, and copies of, the ,decxsions of both the Planning 'Board and Conservattion Commission are on file.`at the 'Division of Public Works. �( 9 . The sewer extension for the subdivision will be subject to the policies of the Division of Public Works regarding the mitigation of groundwater infiltration into the existing 7 sewers. 10. 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. 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. 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. 12 . There shall be no burying or dumping of construction material on site. 13 . The location of any stump dumps on site must be pre-approved by the Planning Board. 14 . 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. 16 . 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. 17 . The following waivers have been granted by the Planning Board: a. Section 7 (A) (4) (a) Dead end streets: The proposed roadway is longer than eight hundred (800) feet in length. This waiver is granted because a through street is not feasible as this property is surrounded by State Forest. The applicant has agreed to install sprinkler systems in return for the granting of this waiver. b. Section 7 (C) (1) Shoulders: The shoulders have been waived to four (4) feet with 1: 1 slope and concrete grid pavers from Station 1+50 to 4+50 at the wetland crossing. These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby 8 decreasing the amount of erosion and siltation on site. 18 . The utilities must be installed and the streets or ways constructed to binder coat by August 1.4, 1996 (two years from the date permit granted) . If the utilities are not installed, the streets or ways are not constructed to binder coat and an extension has not been granted by the Planning Board by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 19 . 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 information: a. Plan titled: Definitive Subdivision Plan Evergreen Estates Located in North Andover, MA Record Owner: Jean F. Smith & Helen Gorman 270 Marbleridge Road North Andover, MA Applicant: Messina Development Corporation 805 winter Street North Andover, MA Prepared by: Christiansen & Sergi 1.60 Summer Street Haverhill, MA 01830 Dated: December 28 , 1994 ; rev. 6/1/95 Sheets: 1 through 15 b. Document titled: Supplement to the Definitive Subdivision Plan of Evergreen Estates in North Andover, Mass. Prepared For: Messina Development Corporation Dated: December 20, 1994 Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 C. Engineering review comments by Coler and Colantonio Inc. , dated February 21, 1995; June 23 , 1995, July 18 , 1995, and July 24 , 1995. d. Memo from the Board of Health to the Planning Board dated July 16, 1995 . CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief 9 Fire Chief Assessor Applicant Engineer File Evergreen. sub 10 FORM D DESIGNER ' S CERTIFICATE January 17 1995 i TO THE ",' LANNING BOARD OF THE TODe'f ni�t�veHSubd�vis on Plan "Evergreen Estates" located in No . Andover , MA In preparing the plan entitled I hereby certify that the above named plan and iccompanying data is true red by the cur •ent Rules and Regulations and correct to the accuracy requi of Land in North Andover , Massachusetts , and Governing the Subdivision my source of iforriation about the location , f F,oundaries shown on said r� plan were one or more of the following : Robert A & Jean Smith Jean Smith & Helen Gorman {Lot 1 . Deed from to George K 2/28 89 dated 8/i /67 and recorded in the 2901 13 . Registry in Book 1087 _� page — — j.4 2 . Other plans , as follows N . E. R . D . 1468 , 1508 , 7391 , 4899 , 4891 , 6062 5610 , 5983 , 7367 , 7123 , 4201 , 9038 , 10301 ; B&M RR val she V . 7 . 12/ 14 ; 1975 Essex Co Layout 3142 3 . Oral information furnished by 4 . Actual measurement on the around from a stating point established by 5 . Other Sources .. Si 9 n e NTH of Engineer or ( Sea1 ng or ( Registered Professional Sur r �CHA4 Registered Land Surveyor) 11 �� �� Michael J . Sergi a�31 160 Summer St . �' 9 91 Q tA ©�Sy `�`y Haverhill MA 018 Address ' I FORM E CERTIFIED LIST OF ABUTTERS January 17 19 95 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : The undersi gned , being an applicant for approval of, a Definitive "Evergreen Estates" Plan of a proposed subdivisidn entitled submits the folloding sketch of the 1and in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of eac.n abutter on the sketch or in a separate list , in - cludinQ owners of land separated from the subdivision only by a street . Signature of Applicant Messina Development Corp 8p.5 W ' n 84` Address 19 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : This is to certify that at the time - of the last assessment for taxation made by. the Town of North Andover , the names and addresses of the parties assessed as adjoining owners to the parcel' of land shown above were as above written , except as followsf Assessor