HomeMy WebLinkAbout1994-08-16 Decision DEF SUB i
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FORM C r IF�SS.}St(311.�i4f {{.
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN EAUJ li A311111% R
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To the Planning Board of the Town of North Andover:
The undersigned# being the applicant as defined under Chapter 41# Section
81.-Lt for approval of a proposed subdivision shown on a plan entitled
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by �lrrC/i/??P//� `�/.��J/4�lf?/Vi C'nllllf ? dated
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being land bounded as follows: xX,,,r.1,-,r-e.,4 R ,� o� /1103,k.0
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hereby submits said plan as a DEFINITIVE plan in accordance with the Rules acid.
Regulations of the North Andover Platming Board and makes application to the
Board for approval of said plan.
Title References North Essex Deeds, Book 12661 Page 378 or
Certificate of Title No. ...._._..,t Registration Book , page ; or
Other:
Said plan has( ) has not(, evolved from a preliminary plan submitted to
the Hoard of 19 and approved (with modifications) { }
disapproved ( on , lq
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board# and in furtherance thereof hereby agrees to abide by the Board'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
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 oX the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plant 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# administratorst
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 Toth Clerk:
Date: Signature of Applicant
Time: Ennu�v Lit aVy
Signature: Address IN4.�'
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: Subdivision Plan of sand in
North Andover, MAss. Drawn for Edmund Leland
By: Merrimack Engineering Services dated January 1994 f 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 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-
divi.sion, 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 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.
k. Other conditions:
See Attached
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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.
F Reg
NORTH ANDOVER PLANNING BOARD
Date: August 1.6, 1994 By; Richard A. Nardella,. Chair an
Edmund Leland
Definitive Subdivision Conditional Approval
The Planning Board herein approves a 6 lot Definitive Subdivision
with five (5) new homes and one existing home. The application
was submitted by Edmund Leland, P.O. Box 656 , North Andover, MA
01845, dated July 15, 1994 . The area affected contains
approximately acres in a Residential - 1 Zone on the corner
of Great Pond Road and Marbleridge Road.
The Planning Board, in approving this conditional Definitive
Subdivision, waives the actual construction of the roadway. The
waivers are granted based on the project ' s location within the
Non-Disturbance and Non-Discharge Zone of the Watershed
Protection District (see Condition 16) . In place of the roadway,
a driveway built to the specifications in the area noted as
Proposed Right--of-Way on the referenced plans is hereby approved.
The roadway will be a private road and will never be maintained
nor serviced by the Town.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated January 1994 ; rev. #1 includes
all of the information required for the approval of this
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.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are followed:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the Following:
The leaching trench system shown on the Plans must be
reviewed and approved by an outside consultant and by
the Division of Public Works .
Details, specifications, and a construction schedule
for the proposed replacement of the existing 48 inch
pond spillway must be submitted to the Planning Board
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and Division of Public Works for review and approval .
c., A notation must be placed on the plan noting that this
roadway is considered a private driveway, not a public
road.
The applicant must meet with the Town Planner in order
V to ensure that the plans conform with the Board' s
decision.
Vie`.') A detailed construction schedule must be submitted as
part of the plans.
Deeds restrictions must be placed on Lots 3 , 4 , and 5
regarding the fact that the private driveway will never
be maintained or serviced by the Town and that it will
r never be accepted as a public road,
Jk. Easement documents and maintenance agreements
concerning the private driveway must be submitted and
reviewed and approved by Town counsel . These documents
must include yearly maintenance of the infiltration
trenches. ,
h. The applicant must submit to the Town Planner a FORM M
it 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.
tAll 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 (e) .
ti All application fees must be paid in full and verified
by the Town Planner,
1 . The plans must be endorsed within ninety (90) days 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.
2 . Prior to the start of construction:
a. The record plans must be endorsed by the Planning Board
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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 following recorded documents must be
submitted to the Planning Office; Subdivision Approval ,
FORM M, Easement documents and maintenance agreements
referred to in Condition 1.
C. All erosion control measures must be in place and
reviewed by the Town Planner.
d. 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 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.
e. All state approvals required for the subdivision shall
be filed with the Division 'of Public Works and the
Planning Office prior to commencing work on the
subdivision.
f. 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.
g. 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 . 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
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3 . Prior to a FORM U verification for an individual lot, the
following information is required by the Planning
Department:
a. The private driveway must be constructed to binder
paving with stabilized shoulders and the leaching
trenches in place.
b. A special permit must be obtained from the Planning
Board for access other than over the legal frontage for
lots 3 , 4 and 5 and a copy of the recorded decision on
file with the Planning office.
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C. All conditions found in the Watershed Special Permits
recorded for each lot must be complied with.
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, including
buffer zones and no-cut lines,
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.
4 . Prior to a certificate of occupancy being requested for an
individual lot, the following shall be required:
a. A "Private Driveway" sign must be installed at the
entrance to Great Pond Road.
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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. All slopes on the lot in question shall be stabilized,
as solely determined by the Planning Board in regards
to erosion, water run off, and safety.
d. All lots must be raked, loamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
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
additional site screening as it deems necessary and
reasonable.
5. 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 profile of the site shall be
submitted for review and approval by the Division of
Public Works .
C. 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.
&. The private driveway must be constructed of pervious
bituminous concrete. The shoulder area must include shallow
grass swales or other appropriate grading which will channel
the storm water flow to leaching catch basins or
infiltration trenches.
7 . A separate construction plan and profile of the sewer in
Marbleridge Road must be submitted to the Division of Public
Works for review and approval .
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8 . The sewer extension will be subject to the policies of the
Division of Public Works regarding mitigation of existing
groundwater .infiltration/inflow in the receiving system.
9 . 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.
10 . There shall be no burying or dumping of construction
material on site.
11 . No stump dumps will be allowed on site.
12 . The leaching trenches must be maintained and cleaned on a
yearly basis. No snow or debris is to be piled on top of
the trenches. If snow or debris is ever piled on the
leaching trenches it must be removed immediately.
13 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
14 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
15 . 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.
16. The following waivers from the Rules and Regulations
Governing the Subdivision of Land North Andover ,
Massachusetts Revised February, 1989 have been granted 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 bases these waivers on the fact that the private
driveway is located within the Non-Disturbance Zone and Non-
Discharge Zone of the Watershed Protection District, By
constructing this private driveway the applicant is able to
reduce the amount of impact in the Non-Disturbance Zone. By
constructing a private way instead of a roadway the impact
on the Watershed is further reduced by limiting the amount
of disturbance and the amount of impervious surfaces.
17 . This decision will automatically be rescinded .if the
utilities have not been installed and the street has not
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been, constructed to binder coat within two (2) years from
the date this decision is filed with the Town Clerk's Office
(August 30, 1996) .
18 . This Definitive Subdivision is based upon the following
information:
a. Plan titled: Subdivision Plan of Land in North
Andover, MA
Drawn For: Edmund Leland
P.O. Box 656
Y I
North Andover, MA
Prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Scale: 1" = 601
Dated: January, 1994 ; rev. #1
b. Plan titled: Site Development Plan of Land in North
Andover, Mass.
Drawn For: Summer Street Realty Trust
P.O. Box 6700
North Andover, MA 01845
Scale: 111 = 40 '
Dated: May 10, 1994 ; rev. 7/28/94
C. Water Quality and Quantity Evaluation
Lots A and 1 - 5 off Marbleridge Road: Leland Parcel
Normandeau Associates
d. Letter dated June 3 , 1994
Re: Lot 1 - 5 and Lot A Marbleridge Road, North
Andover, MA
From:Curtis R. Young, President
Wetlands Preservation Inc.
569 North Street
Georgetown, MA 01833
e. Letter dated July 15, 1994
Re: Review of Water Quality Impacts Associated with
Proposed 5 Lot Residential Subdivision
From:George Mariani, Ph. D. , L.S . P.
Sanford Ecological Services, Inc.
30 Turnpike Road
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
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Assessor
Applicant
Engineer
File
Leland sub
A-
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