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HomeMy WebLinkAbout1990-11-21 Application for MODIFICATION of Definitive Plan 1993 i 1 FORM C ,,,_, f` 3 APPLICATION FOR _ OF DBP'INITIVE PLAN E')' To the Planning Board of the Town of Forth Andover: The undersigned# being the applicant as defined under Chapter 419 Section 81—L, for approval of a proposed subdivision shorn on a plan entitled , •' bj ,2ZLirJe— Z;z 22�a4� :e.-1 4Z by N6 Adated uTl•C" M q3 being land bounded as follows: �/J r r r arij0 .;�eS y )y �hereb submits ai plan as a DEFINITIVE 1?10 in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Referencet North Essex Deeds# Book s Page ,�Mg' i or Certificate of Title No. Registration Book page ; or Other: Said plan has( has. not( ) evolved from a preliminary plan submitted to the Board of [ 19 and approved {with modifications) disapproved ( on 19 q4 • -7-D/ F ;e)f}& n sa�m Cod cre-led Fib•1 , !qC` l The undersigned h reby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Boards Rules and Regulations. The undersigned hereby further covenants and agrees with 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 :rays and streets; 2. To complete and construct the streets or Kays and other improvements shorn 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 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: Dates We of A licant Time: Signature: Address Notice to APPLICANT/TL J CLERK and Certification of Aa.. ,on of Planning Board on Definitive Subdivision Plan entitled: By: dated 19 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 a4d 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- divi.sion, all as provided by G.L. c. 41, S. 81-II. 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 No. 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 date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNIM, BOARD Date: By: Notice to APPLICANf/Ta,,a CL A and Certification of Ace--.a tw, Planning Board on-"Definitive Subdivision Plan entitled: Whippoorwill Park -- 1 Scott Circle for David $y. Scott. L. Giles, R.P.L.S. dated June 4, t 19 -2L 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. c. 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 requi d. by the North Andover Board of Health in it tsto this Board, no building or other structure shall be built or placl,: p qµ No. as shown on said Plan wi�t3 � vT`G pror,A, consent of said Board of Health. r k Other conditions: SEE ATTACHED A TYu9 Town CIO 4� .7 In the event that no appeal shall have been taken from said approval within twenty dads from this date, the North Andovor Planning Board w-U forthwith thereafter endorse its formal approval upon said plan. �3 c,j•r ) NORTH/ PLANNING BOARD` , '� 1993 gy; Richard A Nardella, Chairman Date: June wa ca .] Z 1 Whipporwhill Park Definitive Subdivision Modification Conditional Approval The Planning Board herein approves the Modification of the Definitive Subdivision Approval for Whipporwhill Park dated February 27 , 1991. This Modification requested by David and Cheryl Dickerson, adjusts the roadway layout and creates an island in the middle of the cul-de-sac of Scott Circle. Based on the above information, the Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated June 4 , 1993 , 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 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. A detailed construction schedule must be submitted as part of the plans. C. 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 Essex North Registry of Deeds. d. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works . Provisions for water intrusion mitigation must 1 f .Y, H!.S� •i � be included in the design and shown on the construction schedule required in Condition 1 (b) . e. 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. f. The plans to be endorsed must show an island in the middle of the cul-de-sac that has been reviewed and approved by the Department of Public Works. All documents required by the Planning Board Rules and Regulations Governing the Subdivision of Land, must be prepared at the expense of the applicant. 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 Essex North Registry of Deeds. b. The right-of-way and center line of the road must be staked and reviewed by the Town Planner and/or Tree Warden prior to any clearing. 3. Prior to any lots being released from the statutory covenants: a. All proper documents and easements required through Condition 1 must be in place. b. All 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. 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 . items covered by this security may include, but will not be limited to: i . as-built drawings 2 i E I 4 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 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 (c) above, was filed with the Registry of Deeds office. b. A plot plan must be submitted, which contains at a minimum the following information: 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. all required zoning setbacks. 5. Prior to a Certificate of Occupancy being issued for an individual lot, the following shall be required: a. Prior to construction of the binder coat, the applicant must ensure that all required inspection and testing of 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. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. 6 . Prior to the release of any bond money held for this project, a. An as-built plan and profile of the site must be submitted for review and approval . b. The applicant must petition the Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant must renew the subdivision and all remaining work with the Town 3 a yrf:t ���, ,94 Planner and the Department of Public Works. The Planning Board must hold a portion of the subdivision 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, health, and Department of Public Works issues and conditions are satisfied with all approved plans and conditions. 7 . 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 and Planning Staff when tree cutting is to occur. The Tree Warden and/or Planning Staff will pre-approve any major tree cutting. 8 . 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, 9 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 10. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 11 . The following waivers from the Rules and Regulations Governing the Subdivision of Land have been granted by the Planning Board: Section 7 (D) : As sidewalks were not required in the original subdivision, sidewalks will not be required as a part of this modification. 12 . All construction shall commence by July 13, 1995 (two (2) years from the date of this approval) and shall be completed by July 13, 1998 (five (5) years from the date of this approval) . 13 . 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 . 14 . This Definitive Subdivision Modification approval is based upon the following information: 4 /1 _,�"t��f�.s�s. i J ` 1 I a. Plans Entitled: Proposed Modification Scott Circle North Andover, MA Dated: June 4 , 1993, with revisions Prepared By: Scott L. Giles R.L.S . North Andover, MA Scale: 1" = 40 ' b. Definitive Subdivision Approval dated February 27 , 1991 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Whippowhill.sudrnod a 5 r�, REGISTRY OF DEEDS Northern Diztric�of Essex SS RECCfivED , i9 at LO% ALSu RECORDED IN 8-00K z ff Paz, 'y„l.,,,..,..,.,__.. ATTtST REGISTER OF DEEDS ;