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HomeMy WebLinkAbout1995-05-10 Recorded Decision & Misc. Information DEF SUB , Notice to APPLICANT/TOWN CLERK and Certification of Action of Planting Board can Definitive Subdivision Plan entitled: : By: Scott,Qiles, R.P.L.S. dated May o 19 9 The North A.pdover Planning Board has voted to APPROVE s�.d plant siibject to the following conditions: •I. That the•record owners of -the sutrject 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- di,visi.onn 411 as provided by G.L. a. l+lt S. 81--U. 2. That all such construction and installations shall in al; respects conform to `the governing rules and regulations of this 'Board. 3. That, as irequired by the North Andover Board of Health -in its report to this ,Boardl. no building or other structure shall be bust or placed upon Lots No. as, shown on said Plan without the prior � cortsent of said Board of Health. ATTEST; k. Other conditions: A True Copp Town Clerk � • � x o —4 See attached CC) p'�N_. Q t7 p r-, i�to cartlty that twenty(2t))days _e_7r elapsed from date of d"flied rn .byte A amarfavr Town ewe N In the event thatino appeal shall have been taken from said approval within twenty days!' from this dater the North Andover Planning Soard will forthwith cr thereafter endorse its formal approval upon said plan. t The North Andover Planning Board has DISAPPROVED said plant for the following reasons: cv o X cn NORTH MOVER PLANNiM BOARD Date: June 26, 1995 , By: oseph Mahoney, ' airman ' FORM CPG ,.• Y . ,•9>-, r APPLICATION FOR APPROVAL OF DEFINITIM PLAN 19 �5 To the Planning Board;of. the. Town of North Andover: r r The undersipnedt being the applicant as defined under C�apter, 4t Section 81—Lt for- approval of a proposed subdivision shown on_ a plan entitled a � k � . M PaSS, u -U7'i40 Aff L 10. Ma al) by -3 o IL L P L S dated - - being land bounded as follows: IV S •A .0 . To 0 Po.R M 8Y i A)69Zo -t RBy AA,!D PdTvr"' hereby submits said plan as a- DEFINITIVE plan in accordance with he Rules and Regulations of the North Andover Planning Board and makes application to,Ahe Board-for approval of said plan. Title Reference: North Essex Deeds, Books Page 1341350;,. or i Certificate of Title No. t Registration Book , page ; or Other• Said 'plan has(, has 'notN evolved from: a preliminary plan submitted to the Board of JV A 19 and approved (with modifications) disapproved (7 on )) A , 19 . , The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boards and in fix.therance thereof hereby agrees to abide bi the Board's Rules and Regral.ations. 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 Departmentt the. Highway Surveyort the Board of Healtht 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 street~; 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 plant profiles and cross sections of the same. Said plant profilest 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— menu herein shall be binding upon all heirs, executors, admihistratorst 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: � ► � r}'} `^ Signature pplicant ; Time: , flIAO ?)ti HIHON Si;gnaturgV -.YVA 3 �Uor- Addreds 1 .—,����-�--.�.-..•...._.�_.� 1 ct �, �i[4� .�V`fir'O�D►n•e•►ui� ��• S�B'65�-Zb 3; - i - - �'s.i yr`ii S• i : �-.i k ' k 4")9 r ;FAG. Maplewood I Definitive Subdivision conditional Approval i € The Planning Board herein .approves a one (1) , lot Definitive. Subdivision known as Maplewood I. The application was submitted by, Thomas D.' Zahorui}lo, 185 Hickory Hill Road, " North Anldover', MA 01845, , dated Mays, 111 1995. The area affected',, contains approximately 14 , 000. s.=f. in a Residential - 3 Zone off of Rosedale Avenue. This apprbval •is for a single family home. ; The Planning Board makes the following findings regarding this application: A. I The lot was created prior to 1957 and contains more -tharr 5, 000 s..f. 'therefore it .-is. a legal : non-conforming lot. B. The lot is located on a. .paper street known as Maplewood. C. . As the lot is a legal non-conforming lot, this subdivision approval is not required. in order to create this lot, but is required to provide access. D. This ' lot is the only legal non-conform' ingflot located on the- paper street known as' Maplewood. ' Given the above findings; the Planning Board has determined that the construction of a standard roadway is not necessary to provide access to one lot.- A standard roadway for one " lot would create unnecessary maintenance=and service burdens on the Town. As 'such, the Board waives all of the standard roadway construction requirements. In place of a roadway a private driveway will .be constructed. The Town will not provide any services on or maintain the driveway. The Planning •Board :makes the following findings as' required by the Rules and •Regulations'Governing the Subdivision of Land•: A. The Definitive Plain, dated May 10, 1995 includes 411 of the information required for the approval of thiss private driveway. B. The Definitive Plan adheres to all of the design standards required for a private driveway. 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. G 4 r r 555...,,,777��� f �' Finally, the Planning - Boardlfinds that the Definitive Subdivision complies conditions are fo Town'with Below, requirements so long as the fallowing 1. Prior to endorsement of the plans by the,. Planning Board the applicant shall ,�dhere. to ,the following: a. : A notation must_, be, placed on the plan not that triis roadway: is . cons.idered a private driveway, not a public road. b. A detailed' construction schedule must- be submitted as part of the plans. . C. Deed restrictions must be placed. on the.lot stating that the private, driveway will never be maintained or serviced . by the Town and that the private driveway will never le accepted as. a public road. If• the -paper street 'As ever extended or .,constructed in the future, the owner of this lot will be expected to contribute his/her fair share 'of the cost of such construction or extension. d' Alil application fees must be paid in full and verified�oy the Town Planner. e. The plans most be endorsed within ninety (90) day§ of -the filing of the decision with the Town Clerk or this approval is deemed automatically rescinded. ' 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.. f 2 . Prior to the start of construction: a. The plans must be endorsed by the Planning Board and recorded by: the applicant at the Essex North Registry of Deeds. b. Three (3) complete copies of the recorded plans and two (2) copies of the recorded decision must be submitted to the Planning Office. C. A complete set of signed plans, a copy- of the Planning Board decision, and a copy of the Conservation °Commission Order, of Condition, if one exists, must be on file, at the Division of-Pubzie Works prior to issuance of permits for . connections to utilities. 4 2 i d. A11'site erosion_ contrbl measures required 'to protect- off site propertiesq from the effects of work on the ot 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 releaso and shall report to the' Planning Board : prior to a votei to release said lot. e. The applicant shall post (per agreement with the Planning Board) a Performance. Guarantee ('Roadway Bond) in- an amount to be determined- by the Planning Board, upon the recommendation ;of the Department of Public Works, to be held by the Town of North Andover. : The Performance Guarantee shall, be in the form of •a check made payable to ! the•Town of North Andover along with a FORM G. The check will then be• placed -in an interest bearing escrow account held by the Town. this Performance Guarantee shall ;die i posted: to ensure completion of the work in accordance with the Plans 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 ; iii. roadway construction and maintenance iv. lot and Site erosion control 1 V. site screening and street trees vi. drainage facilities vii. site restoration viii. final site cleanup ` 3 . Prior- to a FORM U verification for an individual lot, the following information is required by the Planning Depa--rtmdnt: a. 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., including buffer zones and no-cut lines, viii. location of any drainage, utility. and other easements. ' b. 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. , 3 BK 4 2.97 P 8 :61 C. All catch basins shall bq protected and maiAtainea with' F hay bales to prevent siltation into the drain lines' i during construction. ! d. The lot in question shall be staked in the field. The. location of any major departures from the plan must be.r shown. The Town Planner shall verify this information. .ti e. The lot number must be pasted on the lots and be visible " from the roadway. 4. Prior to a Certificate - of,Occupancy being requested for an, individual lot, the following shall be required: a. The private driveway must be constructed to binder paving. with stabilized shoulders. - b. The lot should have a Rosedale- Avenue address for public ' safety purposes. c. A "Private Driveway" sign must be installed at the entrance to Rosedale Avenue. d. All necessary permits an4 'approvals. for the lot in question shall be obtained from the North Andover Board. of Health, and Conservation Commission. ; e. All slopes on the lot in! question shall be stabilized, as solely determined ,by tie Planning Board in regards to; ; erosion, water run off,, and safety. f. The lot must be raked, loamed and seeded, sodded, or mulched if. the weather does not permit ' seeding or sodding. g. 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, f 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. S. Prior to the final release of security retained for the site by the Town, - the following shall be completed by the applicant: a. . The Planning -Board will, by a majority, vote to release any security retained. - b. An as-built•' plan and -profi.le of the site shall be submitted' for review, and ; approval by the Division of ; y-f -fir .1 C t Public Works. C. The Town Planner ; shall ensure that all Planning, i Conservation Commission, Board of Health and Division of Public Works requirements - are satisfied and that construction was in stkict ;compl•iance with all approved plans and conditions. . ' 6 . Water and sewer service connection may be extended From the - house to the existing u-Eili•ties' in Rosedale Avenue: 7. open burning is allowed by permit only after consultation with the Fire Department. 8 . There shall be no burying or dumping of construction material on site. 9 . No stump dumps will be allowed on site. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 1;11. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. . 12 . 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 North Andover, Massachusetts Revised February, . 1989 have been grunted by the Planning Board: Section 7 Design Standards. ; The Planning Board waives all. .of the design standards found in Section 7 of the Rules and Regulations Governing the Subdivision of Land. The Planning Board has determined that- the construction of a standard roadway is not necessary to prdvide access to one lot. A standard roadway for one lot would create unnecessary maintenance and service burdens on the Town. As such, the Board waives all of the standard roadway construction requirements. in 'place of a roadway a private driveway will be constructed. 14 . This decision will .,automatically be rescinded if the utilities have not been installed and the driveway has not ' been constructed to binder coat within two (2) years from the date : this decision is filed with- the Town Clerks office. 1.5.; This Definitive Subdivision . is based upon the following : 4�19 a j` PG information: -a. Plan titled: Plan of Lhnd in North Andover, Mass Awned by: Anthony Liguori Scale: 1" = 40 ' Dated: May-. 10, 1995 Prepared by: Scott L. Giles R.P.L.S. 50 Deer Meadow Rd- No. Andover,' Mass cc. Conservation., Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief . Assessor Applicant Engineer File Maplewood.sub ; 1 1 _ QQ,`T'4)1�1\ t0 ic a l � F 6 1 ! S TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREFT, 01845 GEORGL PERNA Telephone(508)685-0950 DIBECTOR Fax(608)688-9573 .19*00 lk June 9 Mr. Richard Nardella Planning Board 120 Main Street North Andover MA 01845 Dear Mr. Nardella: The Division of Public Works has reviewed the plan of a proposed dwelling to be constructed on Map 60C parcel 33 on Maplewood Avenue, a private way, drawn by Scott Giles and dated May 10, 1995 . We have the following comments: 1 . We feel that construction of a driveway on the Maplewood Ave right of way is an appropriate access for the property. 2 . Water and sewer service connection may be extended from the house to the existing utilities in Rosedale Avenue. 3 . The house should have a Rosedale Avenue address . 4 . The DPW will not provide services on the driveway. 5 . The owner should sign an agreement that the cost of construction of any future extension or construction of Maplewood Avenue will be the responsibility of the owner of parcel 33 and others who want the extension. 6 . The owner of parcel 33 should be responsible for maintenance within the Maplewood Avenue right of way. u y your Very t yo 7a- J. William Hmurciak, P.E. JWH: jiTt Tara Leigh Development Corp. Thomas Construction 185 Hickory Hill Road North Andover, MA 01845 508-687-2635 July 11, 1995 Town of North Andover Community Planning Commission Kathleen Bradley-Colwell, Town Planner Town Hall 120 Main Street N. Andover, MA 01845 Dear Kathleen: Per the requirements of the Maplewood I decision dated June 26, 1995, I am writing to address page 2, Item 1 regarding items to address prior to endorsement of the plans. a. A note has been added to the plan reading "Proposed roadway is considered a private driveway, not a public road. " b. I plan on starting the construction in August, and completing all work (including utilities and stabilization/landscaping) for occupancy by November. c. Since I am taking title after all approvals are in place, I have submitted proposed deed restrictions to be placed after I take title, prior to my transfer of the completed home. Please call me with any questions. SincereVD. ahoruiko, Thoma President TARA LEIGH DEVELOPMENT CORP. ® ONSTRUC71ON 01'71�15 Tllomas D. Zahoruiko,President 185 Hickory Hill Road Norilx Andover,MA 01845 Tel; (508)687-2635 Fax: (508)689-2310 I October 31, 1995 Town of North Andover Community Planning Commission Main Street North Andover, MA Community Planning Commission: This letter is to request release of the $2000. 00 Performance Bond posted for work now completed at 18 Rosedale Ave. (Maplewood l) . All work has been completed, and a Certificate of . Occupancy has been issued. Please contact .me if you have any questions or concerns. Sincerel , Thomas Zahoruik Presi nt i 1 1 Town of North Andover o, tta nrH ,ti OITICE Of, COMMUNITY DEVELOPMENT AND SERVICES p 4 146 Main Street ?4 KENNETH R.MAHONY North.Andover, Massachusetts 01845 SAc►+u5� Director (508) 688-9533 E November 9 , 1995 Ms. Roberta McGowan Assistant Treasurer 120 Main Street No. Andover, MA 10845 Re: BOND RELEASE Dear Ms. McGowan: At their meeting of November 7 , 1995 the North Andover Planning Board voted to approve a bond release for: Name of Applicant: Thomas D. Zahoruiko/Tara Leigh Development Corp. Project: Maplewood I --- 18 Rosedale Avenue Type of Bond: Performance Bond/Deposit of Money According to our records, the current bond being held is for $2, 000 and that amount, plus interest, should be released to the applicant. Thank you for your attention to this matter. Sincerely, Karen A. Fitzgibbons Planning Board Secretary BOARD OF APPEALS 688-9541 BUII..DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colweil TOWN OF NORTH ANDOVER 120 MAIN STREET (5o8) 08-95.12 r CANNINGAD : TIC NUC `'L REV/1E-1. " CO �i �� TO: Building Inspector Bob Nicetta E-911 Coordinator Rich Boettcher Fire Chief Bill Dolan Fire Inspector Lt . Ken Long Health Administrator Sandra Starr Police Department Tom Driscoll Town Planner Kathleen B , Colwell Staff Engineer Tim Willett Assist . Dir. , Public Works Bill Hmurciak Environmental Inspector Susan Ford Natural Resource Planner Michael Howard Conservation Comm. Intern Julie Parrino Dir. Comm. Dev. & Services Ken Mahony FROM: Anne Marie Tucciarone, Permits Manager DATE: June 1 , 1995 RE: Minutes from today' s meeting. The next regular meeting will be held on June 22 . A workshop for Department Heads will be held on June 29 . --------------------------------------------------------- cc : Jim Gordon, Town Manager Conservation Commission Planning Board TECHNICAL REVIEW COMMITTEE MINUTES OF MEETING June 1, 1995 Present Mike Howard, Natural Resource/Land Use Planner Anne Maxie Tucciarone, Permits Manager Chief Bill Dolan, Fire Department Susan Ford, Junior Environmental Inspector Kathleen Bradley Colwell, Town Planner Tim Willett, Staff Engineer Tom Zahruiko are: Definitive Plan, 1 lot on Maplewood Avenue: * Would like approval for driveway access to build one single family home * Home will be sprinkled * Has concerns about constructing an entire road for one home Ms. Colwell: * Questioned if any other lots would have access on Maplewood * Suggested the consideration of possibly building onto Minute Street Mr. Howard: * Informed that site resulted in a negative determination Chief Dolan: * Suggested that the name may be an -91.1. concern * Suggested that Mr. Zahuriko contact the Division of Public Works regarding that issue Ms. Colwell: * Discussed that this lot requires subdivision approval re: frontage * May possibly be able to waive certain subdivision requirements because only 1 house will be constructed * Questioned whether water and sewer will be private as it will be a single structure Staff Discussion: Per the request of Ken Mahony, a Technical Review Committee Workshop is scheduled for June 29 at 10:00 a.m. in the Library Conference Room to discuss ways to make the T.R.C. work more effectively. It is requested that only Department Heads attend this meeting. i 1 Town of North Andover tkORpH ti OFFICE OF ��oy i` '1 ° COMMUNITY DEVELOPMENT AND SERVICES h k 146 Main Street KENNETH R.MAIIONY North Andover, Massachusetts 01845 S�gc � `'SAC wuS-' � �� Director (508) 688-9533 PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of Chapter 41, Section 81T and 81-U, M.G.L. , the Planning Board will hold a public hearing on Tuesday evening June 6, 1995 , at 8: 00 p.m. in the Senior Center behind the Town Building, on the application of Thomas D. Zahoruiko, Tara Leigh Development Corp. , 185 Hickory Hill Road, North Andover, MA. , for approval of a definitive subdivision plan entitled Maplewood I, North Andover, MA. , by Scott L. Giles R. P.L.S. dated May 11, 1995, located south by Maplewood Avenue, east by Coady, north by Carangelo & Paquette, west by Paquette & Potvin. The site is located in the residential - 3 (R-3) Zoning District and contains 14 , 000 sq. ft. A copy of the plan and application is on file in the Planning Board Office and may be inspected Monday thru Friday, 8: 30 a.m. to 4 : 30 p.m. Any person interested, or wishing to be heard on the proposed plan, should appear at the time and place designated. Richard A. Nardella, Chairman North Andover Planning Board Publish: North Andover Citizen May 17 and May 24, 1995 Bill : Thomas D. Zahoruiko 185 Hickory Hill Road North Andover, MA 01845 Tel: 508-687-2635 4 w CdC-2 �.�GEop�,¢�¢Y•aic6°ztc •w-C0..N Q1 F 0 .c rnns oam c� �1 tQmtaV�oM�y mN p aic�in> 4n uum �,yo'amosot,va>r� a C] ' d E n e m c � p ar h a _ �`�L f7�.! �� � ocoo.� G� a d aC a c ..y�:.,mnz�o oN m•.• wok ► c� m a Z. G c°�y'.mLO 3 8i carnet co... . . .accst�ro°'G 8 �acc:c+:.ao-•Y�Za`� �XX ;rr Nc°f « gt ,:m ma ap100- F�oE,Ro p NJOHtq.2 �C M. moo .-m �ruuv ro yr AYf'L++ALS 688-9541 H3UMDING 688-9545 CONSERVATION 688.9530 1-HEAUM 688-9540 PLANNING 688.9535 Julie Perrino D.Robert Nicett a NCiehacl Howwd Sandrm Starr Kathleen Bradloy Colwell LIST OF PARTIES OF INTEREST PAGE j OF SUBJECT PROPERTY 'MAP PARCEL NAME ADDRESS ABUTTERS jMAP PARCEL NAME ADDRESS i` we AX D, SZ f ----------------------- I t ; Maplewood I I -Lot Subdivision 0512312024 60C-38 8000S 47-8 6 131375 0C-37 10000S 60C-32 16000 S /,XN 60C-36 5865S 60C-33 14000S 99755 47-1\37 10412E kP 60C-23 60C-34 p 38953S 0.1 A X Xe. 47-10 10200S fi 6OC-22 13285S 47-38 10200S 6 60C-21 0C-50 17�-134 12997S 15349S 12 A 0 8\0 80 Feet 1:480 f) .............. Data S—,(es:VfQdKed by Molw�ck va`ey Pla.l,nq Comm"Aim JQVPC) Legend ,ing data proV.1ed by the Tcwn of North Ardorlf R-1 Use Roads ^ We'sit. Ma,'.rR.ad Lcuf Road !/VPC AND THE TOWN OF NORTH ANFJG%IFR�JAKFS 1ARRIFET ES. LIP—Is Hydrog,.phl.Fi,.Ims Steams FXPRE55ED OR IMPLIED,CON,CFRNING THE ACCURACY. !0)W...... N''. P.EHABEFTY.OR SUITAB!LrFY OF THCS(DATA JHETO%W OF NORTH \NDOVER AND MVPC DOES NOT ASSuvE ANY UAUFLFTY ASSOCIATED WITH T1 UE USE OR MISUSE OFTHIS RlFORrJATl0td j:cti­: 14 A U_1 9 3 3_St W P 4,uj.4 ass ncnu5ettO.I Yn!A nJ F JPS2&0 I ©Merrimack Valley Planning CorrmISSIon