Loading...
HomeMy WebLinkAbout2020-12-15 Recorded Decision DEF SUB • i .... . Town of North Andover �n Office of the]Planning Departmenq20 M: j. 16 PH I r 32 Community Development and Services Division-. n!7 120 Main Street r North Andover,Massachusetts 0 $.45 NOTICE OF DWSfON DEFINITIVE SUBDIVISION `this!s to cart y That twenty(20)dells Woe elapsed fmm date of dedslon Any appeal shall be filed witiwut filing Of an Peld date.�within(20)days after the Y t date of Ming this notice in 'fowt,Cleric The office of the Town Clerk, Date:December 15,2026 Date of Hearings:November 24,2020, December 15,2020 Date of Decision;December 15,2020 Application oh Five C Construction,LLC clo Joseph D.Flaichelii PO Box2157 Bk 16735 P's,132 02-940 Methuen,MA 01844 01 2-b-0-702 J. 02%-27P Ez? aWx Hoer--t h Res i air~" Premises Affected: 174 Cotuit Street North Andover,KA 01845 Assessor's Map 23,Lot 20 Referring to the above Application for approval of a befinitive Subdivision Plan In accordance with the provisions of M.G.L.c.41, H 81K 810G,and the Planning Board Rules and Regulations Governing the Subdivision of Land(Subdivision Regulations)in the Town of North Andover(Chapter 255 of the Code of the Town of North Andover),so as to approve the subdivision of certain real property,depicted on the Towns of North Andover Assessors Map 23 Lot 20,into two(2)lots and to create a new subdivision, inoluding the constmetion of a private roadway within a paper street and single-family house,along with associated infrastructure,including drainage facilities,landscaping,and utilities.The land on which the subdivision Is located is within the Residential 4(lt:4)Zoning District, After a public hearing given on the above date,and upon a motion by J.Simons and 2nd by P.Boynton to APPROVE the Definitive Subdivision Plan,as amended,and based upon the following Conditions. The Vote was 5-0 in favor of the application. On UP,if of North AAAdb've� lanping Board ;Bitat� erg;chairman y awpargnesi �� ' P,eter�$d�n:torr Aaron prestos { ' �ohla�iiatorrs U Bk 16735 Pg133 #2940 174 Cotuit Street Definitive Subdivision Plan Assessor's Map 23,LOT 20 The Planning Board herein APPROVES the application for a Definitive Subdivision Plan to subdivide real property which is depleted on the Town of North Andover Assessors Map 23 Lot 20,into two(2)lots and to create a new subdivision,including the construction of a private roadway within a paper street and single-family house,along with associated infrastructure,including drainagq facilities,landscaping,and utilities.The land on which the subdivision is located is within the Residential 4(R 4)Zoning District. The Project is located at 174 Cotuit Street,North Andover,Massachusetts,01845,and as more . particularly shown on the'TJans",as defined below.This Definitive Subdivision flan was requested.by Rive C Construction,LLC,c/o Joseph D.Pisichelli,PO Box 2157,Methuen,MA 01844.A complete Application conforming with the requirements of Article V of Subdivision Regulations was filed with the' . Town on October 21,2020,in accordance with the requirements of§255-5, The application was noticed and reviewed in accordance with procedures for approval described in Article V,§255-5.5,of the Subdivision Regulation's. The public hearing on the above-referenced Application opened on November 24,2020. The public hearing was closed by the North Andover Planning Board on December 15,2020. Approval of a Definitive Subdivision flan by the Planning Board,as the permit granting authority, requires a vote of at least three members of a five-member board. The Planning Board's vote to approve the proposed Subdivision Plan was 5 to 0 in Favor of the application. The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the right,under MOL Chapter 40.A,,Section 17,to appeal this decision within Twenty(20)days after the date this decision has been filed with the Town Clerk. The Planning Board finds that the intent of Chapter 255,as well as its specific criteria are met, .Accordingly,the Planning Board snakes the following)E<MIirNOS.OF PACT in accordance with§255- 5.6,A.of Part V of Chapter 255; T'MINGS OF PACT: 1) An Application for a Definitive Subdivision Approval was filed with the Town on October 21,2020, in accordance with the requirements of§255-5, 2) The Definitive Subdivision Plan dated October 22,2020,and last revised December 8,2020 includes all of the information indicated in Section 255 of the Planning Board Rules and Regulations Governing the Subdivision of Land eoneerning the procedure for the submission of flans except as specifically waived by this decision, 3) The Definitive plan is in,conformance,with the purpose and intent of the Subdivision Control Law. 4) The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-Iaws and ensure the public health,safety,and welfare of the town. 5) The Subdivision flan does not include any new public ways and will not haves.significant impact on 2 Bk 16735 Pg134 #2940 474 Cotuit Street Definitive Subdivision Flan .Assessor's Map 23,LOT 20 congestion and adjacent ways. The Plan creates legal frontage on Falmouth Street for Lot 2 and provides access to Ut 2 on Falmouth Street,minimizing vehicular and pedestrian conflict on Cotuit . Street. 6) The PIanning Board finds that the proposed Definitive Subdivision Plan showing the construction of' roadway(Falmouth Street)to servo a single lot is less intrusive than that of a conventional subdivision road and that the design is more in keeping with the'oharacter of the neighborhood. 7) The proposed roadway provides for adequate access to Lot 2 and the subdivision roadway will retrain private. 8) The Definitive Subdivision Plan(Sheet C-2)of the Definitive Subdivision Plan,dated Ootober 22, 2020,and revised to December 8,2020,shows a lot layout that depicts the creation of two(2)lots, each of which has adequate lot area and adequate frontage.The Plan,thus conforms to all applicable zoning requirements for lots within the Residence 4(M)zoning district, 9) The portion of Falmouth Street depicted on the Plans referenced In this decision will be transformed into a private subdivision roadway with 16'BIT concrete pavement, 10)Lot 2,consisting of 12,505 SP+/,and 100'of frontage,will be responsible for maintenance of the Falmouth Street right of way depicted on the Plans referenced in this decision,including$now blowing.Lot 1,consisting of 15,219 SIB+/and 180.56' of frontage on Cotuit Street has an existing house. 11)Tito roadway has been designed to comply with the subdivision regulations and the standard roadway cross sohtion. The vertical alignment of the roadway has been developed to ties into Cotuit Street and ,allow for stormwater to be captured through a proposed infiltration trench,prior to eomeetion to the Town's closed drainage system located in Cotuit Street, 12)The Applicant received the recommendations and comments£corn the Town Engineer,John Borgosl, one the proposed private subdivision roadway design,The roadway layout and stormwator management systems as depicted on Sheet C-3(Grading,Drainage&Utilities Plan)has been found, (a)to comply with applicable requirements;(b)to provide adequate drainage that is compatible with the surrounding neighborhood,and,(c)to provide for adequate drainage and stormwater management. All drainage/utility work shall be coordinated with the DPW prior to installation,see Condition#65 (see correspondence from John Borgesi dated November 9,2020). 13)The Definitive Plan has been prepared to lessen congestion In such ways and in the adjacent public ways, 14)The roadway depicted on the Definitive Plan has been designed to reduce danger to life and limb in the operation of motor vehicles. The Plan depicts a 40'right-of-way, 15)The Definitive Plan secures safety in the case of fire,flood,panic and other emergencies. With the 3 Bk 16735 Pgx35 #2940 174 Cotuit Street Definitive Subdivision Plan , .Assessor's Map 23,HOT 20 addition of a TKTurnaround die extended roadway will provide adequate access and egress_for emmrgency situations. 16)The Definitive PIan secures adequate provisions for wator;sewage,drainage,fire,police and other similar municipal equipment and street lighting and other requirements where necessary in a subdivision. 17 The proposed roadway is located as far east as possible to provide for a p P Y p p greater buffer and maintains a maximum amount of vegetation between the proposed private roadway and 154 Cotuit Street. 18)The proposed 16-FT wide private road provides safe and suf£ioient access to the proposed lot for passenger cars and emergency vehicles. 19)The Plan has been reviewed by the Health Department and there were no concerns(email from Brian . LaGrasse,dated October 28,2020). 20)The Plan has been reviewed by the Fire Department and there are no concerns provided the related conditions stated in this decision are satisfied,see Condition#37(see email from Michael Belrne dated-October 26,October 27,2020,and December 8,2020). 21)The Plan has been reviewed by the North Andover Police Department and there were no concerns (see email fl'orn Lt,Daniel Lame.dated October 27,2020). 22)The plan has been reviewed by the Conservation Administrator and the Project is outside of the Conservation Commission's jurisdiction(see email fiom A.Maxner dated October 25,2020), 23)The Plan has been reviewed by the Building Commissioner and zoning compliance Is confirmed.(see email from P.Hutchins dated November 5,2020 and December 1,2020), 24)The Plan has been reviewed by DPW Operations and there are no concerns provided the related conditions in the decision are satisfied,see Conditions##38 and#39(see email from T.Willett dated October 26,2020 and December 8,2020). 25)The Subdivision Plan conforms to town design and construction standards,with the exception of waivers granted in Condition#30.These waivers that have been granted will not impair the functioning,long-term maintenance,nor appearance of the:Future development of the land,will not result in an adverse impact on the areas adjacent to the land,and are consistent with the Board's development objectives. Finally,the planning Board fiords that the Definitive Subdivision complies with the Town Bylaw requirements and Subdivision Rules and Regulations so long as the following conditions are complied with: Petwit Definitions- 4 Bk 16735 Pg!36 #2940 174 Cotalt Street Defxni,tive Subdivision,Plan Assessoes Map 23,LOT 20 26)The"Locus"or"Site"refers to the 27,724 SP'+/ parcel of land;as shown on Assessors Maps 23, Parcel 20,also Known as 174 Cotuit Street,North Andover,Massachusetts 01845, 27)The"Plans"gofer to the plans prepared by Civil Design Consultants,Inc.,344 North Main Street, Andover,MA 01810 consisting of Sheets C-1,C-2,C-3,and D-lentitled"Definitive Subdivision Plan for 174 Cotuit Street(Map23/Lot 20)North Andover,Massachusetts 0184511,dated October 22;2020 1 and revised to December 8,2020,prepared for Five C Construction,LLC. 28)The"Project"refers to the subdivision of Map 23,Lot 20 in,to two(2)lots and to oreats a new subdivision,including the construction of a private roadway within a paper street and single-family louse,along with associated infrastructure,including drainage facilities,landscaping,and utilities. The property on which the proposed subdivision is proposed is located within the Residential 4(R4) Zoning District. 29)The"Applicant"refers to FIve C Construction,LLC,c/o Joseph D.Fisichelli)PO Box 2157, Methuen,MA 01844,the Applicant for the Definitive Subdivision Plan,its successors and assigns. 30)The"Project Owner"refers to the person or entity holding the fee interest to the title to the loou&from Hma to time,which ran include but is not limited to the Applicant,developer,and owner. SPECL4L CONDITIONS Upon reaching the above findings,the Alarming Board approves this Definitive Subdivision Plan with the following conditions: 31)The roadway,utilities,and stormwater management infrastructure will be constructed according to the . Plans,with the following waivers granted by the Town of North Andover planning Board,ucoording to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: 32)The following requested waivers are granted with regard to the private way identified on the Grading, Drainage,&Utilities Plan C-3 Plans as 40' Wide Right of Way. These waivers are hereby granted in consideration of the fact that the design of the roadway was changed from on undeveloped roadway . to that of a paved private roadway as presented on the approved Definitive Subdivision Plan. a) Chapter 255 Seotiou 5.3 to provide a Stormwater Management Report, The proposed roadway will be pitched towards a stone infiltration trench that will collect runoff from the entire 16-FT roadway on the Locus side. b) Chapter 255,Section 6.8 for the following requirements-. * A reduction to the minimums pavement width from 26-FT to 16-FT, * A reduction of curb corner radius from 40-FT to 15-FT(right)and 20-FT(Ieft), • A reduction of the vertical curve length from 100-FT to 80-FT, * To allow for the"T"type turn around in lieu of a cul-de-sac. o) Chapter 255 Section 6.9 for the requirement of vertical granite ourbing. d) Chapter 255 Section 6.11 for Installing sidewalks. e) .Chapter 255 Seotiorn 6.12 to provide monuments. 5 Bk 16735 Pg137 #2940 174 Cotuit Street Definitive Subdivision Plaa Assessor's Map 23,LOT 20 f) Chapter 255 Section 6.14 to provide storm drainage calculations, g) Chapter 255 Section 6.15 and 6.16 to allow for the installation of water and sewer service lines. Instead of water and sewer mains within the proposed improved roadway. h) Chapter 255 Section 6.18 for requitement of planting trees, l) Chapter 255 Section 6.19 Guard rails. Guard rails are not proposed for this Subdivision. j) Chapter 255 Section 6.21 Street Lighting. k) Chapter 255,Attachment IA3 Utilities. A water and sewer main is not proposed for this Subdivision,only a sewer service line and water service Iine to the new dwelling, 1) Chapter 255,Section 6.14 Chapter 255 Attachment IA8 Guard hails&Posts. Guard rails will not be required for this Subdivision. m) Chapter 255,Section 6.I5 Attachment I Curbing. In place of the standard street design,'a 16' wide roadway,pitched towards out locus,without curbing and a stone trench that will intercept the runoff along the entire length ofthe'roadway will be installed. n) Chapter 255 Attachment ICI-2 Sidewalk Pavement. There are no new Sidewalks proposed for this application. o) Chapter 255,§255-ID Sidewalks,pathways&Bicycle Paths. There is no existing bike path on Cotuit Street and given the length and width of the proposed 1.6'roadway,a bike path should not be necessary. p) Chapter 255,255"Attachmont 2.1 Pipes,Culvert and Drains. ba place of Standard drainage specifications,a stone trench will intercept the runoff along the entire length of the proposed 16' roadway on the locus side. q) Chapter 255,§255-Attachment 2.2 Catch Basins. No new patch basins are proposed. r) Chapter 255 Attachment 4-1 thm 4.9 Tree Planting Specifications: Trees and other plantings are not proposed for the Subdivision. s) Chapter 255 Attachment 5-1 thru 5-7 Rules and Regulations Governing Stormwater Management. In place of Stormwater Management and Erosion, Control flan and calculations, the proposed pavement will be pitched towards the locus and a store trench will intercept the runoff along;the entire length of the proposed 16'roadway on the locus side. t) Chapter 255 Section 5-7 Performance Guarantee, The +A,pplioaut requests a waiver fiam'strict compliance with this, allowing for instead the Planning Board condition issuance of the final certificate of Occupancy for the Project upon completion of the work.on the private way as approved by the Planning Hoard whloh will act as the Applicant's performance guarantee. In accordance with§255-2.7,the Board deems that each of the foregoing waivers is in the public interest and consistent with the intended purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted. With respect to those waivers from Submission Requirements,the waived requirements do not constitute a violation of state law nor do they impair the ability of the Board or other Town Hoards and officials to understand the mature and impacts of the proposed plan;nor would the waived requirement impair the ability of the Board to process the application.With Respect to those waivers concerning development standards above;the Planning Board also makes a finding,in accordance with§255-2.7.of the Subdivision Regulations,that the waived requirements will not impair the functioning,long term maintenance nor the appearance of the future development of the land shown' on the Plan,will not result in an adverse impact for the areas adjacent to the land shown on the flan,and is consistent with the Board's development objectives for the reasons described in the Applica3nVs request for waivers and subsequent discussions during the hearing. 6 Bk 16735 Pg1.38 #2940 174 Cotuit Street Defirdtive Subdivision.Plan Assessor's Map 23,LOT 20 33) The roadway will remain private,to be maintained by the owner of Lot 2,with the terms of I maintenance to be documented in the respective deed for said lot. i 34) All of the stormwater management facilities will be maintained in perpetuity by the owner of Lot 2, with the terms of maintenance to be documented in the respective deeds for said lot,or other forms of . agreement acceptable to the Planning Director encumbering Lot 2 in the subdivision. e 35) An access and maintenance cam ement shall.provide the Town with the right,but shall not impose any obligation on the Town,to maintain,repair,and monitor the stormwater management facilities for the subdivision roadway. 36) In consideration of the approval of the Plan,there is to be no fuAer division or subdivision of a part or portion of the parcels created through this Subdivision Plan.This restriction is to be documented in the respective deeds for each lot within this subdivision, 37) The roadway access shall be constructed so NAFD Ladder l can enter in one swing off of Cotult - Street,the surface can support the imposed load of Ladder 1 and the access is of sufficient length that NAPD can reach the roof with the aerial device from the roadway paved surface, 38) The curb stop for the water service line shall be moved to the beginning of Falmouth Street where it meets Cotuit Street. 39) Rubbish associated with the home constructed on,Lot 2 shall be brought to the intersection of. Falmouth Street and Cotuit Street for piok-up. 40) The Subdivision decision must be recorded with the Northern Essex Registry of Deeds within sic(6) months of its endorsement. 41) All easement documents,deed restrictions,deeds,covenants,Owner's Association Agreements if necessary,and/or maintenance agreements required as part of this decision must be submitted,reviewed, and approved by the Planning Department,Town Counsel,and the Town Engineer as deemed necessary by the Town Planner prior to recording. 42) The Planning Dlreetor shall approve any changes made to these Plans. Any changes deemed substantial by the Planning Director would require a public hearing and modification by the Planning Board. i PRIOR TO THE ENDORSEMENT OF T E3x PLAN Prior to the endorsement of the Plans by the Planning Board,the Applicant shall adhere to the following: 43) A Covenant(Form securing Lot 2 within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board,Said lot may be released from the covenant upon satisfactorily completing"Prior to Release from Statutory Covenants",Conditions 070.1473. 7 Bk 16135 Pg139 #2940 174 Cotuit street DefirAtive Subdivision Flan Assessor's Map 23,LOT 20 44) The Applicant must submit to the Staff Planner a Form Mor all utilities and easements placed on the subdivision, 45) The Applicant must meet with the Town Planner in order to ensure that the final plans conform to this Notice of Decision.These plans must be submitted within ninety(90)dayka of filing this Notice of Decision with the Town Clerk, 46) The Subdivision Notice of Decision and the list of waivers for this Project must appear on the mylars. 47) A form of Deed,or Deed Restriction,for the lots within the subdivision shaall be submitted,reviewed and approved by Town Counsel,This Deed shall include a restriction placed on]rot 2 regarding the fact that the private road will never be maintained by the Town and that it will never be accepted as a public roadway as noted in Condition#50,a restriction regarding no further subdivision of the lots,as noted in Condition#36,a restriction specific to Lot 2 that the roadway will remain private,to be maintained by.the owner of Lot 2 and that all stormwater structures will be maintained in perpetuity_by the owner ofUt 2 as noted in Conditions#33 and 34, 48) If as a result of any decision made by another Town Board,the proposed flan as approved by the Planning Board is changed,the Applicant shall provide those changes to the Planning Board for approval, 49) All documents shall be prepared at the expense of the applicant,as required by the Planning Board Rules and Regulations Governing the Subdivision of sand. PMOR TO ANY SITH WORK/START OF CONSTRUCTION 50) A deed restriction must be placed on Lot 2 regarding the tact that it is a private way and shall never be maintained by the Town,nor snow plowed,nor accepted as a public way. The roadway shall not be paved or otherwise constructed beyond the limits of pavement shown on the Plans, 51) A Site Opening Bond in the amount often thousand dollars($10,000.00)is to behold by the Town of North Andover. 52) The Subdivision Notice of Decision and accompanying Plans must be recorded with the Northern Essex Registry of Deeds,The Applicant shall provide the Planning Department with two(2)copies ofthe recorded Notice of Decision and accompanying plans. 53) Every Form 1,Form lvl,Form J,covenant,easement dooument,declaration of easements,restrictions and covenants,deed restrictions and other pertinent maintenance doourgents concerning the private roadway and stormwater facilities:must be submitted,reviewed,and approved by Town Counsel and the Town Engineer prior to recording.All easements and restrictions shall remain In perpetuity or the longest term allowed by law. The Applicant shall record all such,documents with the North Essex Registry of Deeds and shall provide the planning Board with a copy of the recorded documents, 8 I sk 16735 Pg140 #2940 � E 174 C©tuit Street Definitive Subdivision Plan Assessor's Map 23,LOT 20 54) A detailed construction schedule shall be submitted to the planning Staff for the purpose of tracking the construction and Informing the public of antlelpated aotivlties on the Site, 55) The developer shall provide the planning Hoard with copies of permits,plans,and Decisions received from all North Andover land use boards,including ono copy of a recorded Wetlands Order of Conditions issued under the State'Wetlands Proteotion.Act and North Andover Wetlands Protection Bylaw,if applicable. 56) In consultation with the Staff Planner,the Applicant shall designate an Independent Construction Monitor.The monitor shall read,sign,and return to the Planning Department the Letter of.A,greemeat bor Independent Monitors,Upon the start of site work the monitor shall make weekly inspections ofthe Project(any suspension in monitoring due to inactivity on the Site shall be pre-approved by the:Town Planner),provide monthly reports to the Planning Department,and detail any areas of non-oompiiance and corrective actions.The monitor will also provide reports following heavy gain events,The monitor must also be available upon notice to inspect the Site accompanying a Planning Department designated official. 57) A pre-construotion sheeting must be held with the developer,their construction employees,and Planning Department(and other applicable deparlrnents)to disouss scheduling of inspections to be conducted on the project and the construction schedule. All Site erosion control measures as shown on the plan r crust be in place and reviewed by the.Planning Staff during the meeting. 58) A Plot plan for the lot in question must be submitted whloh Includes all of the following: A. Location of the curb outs B. Location of the structure C. Location of the driveways D. Location of the septic systems,if applicable H. Location of all water and sewer lines P. Location of any wetlands and any Site improvements required under a NACC Order of Condition G. Any grading called for on the lot H. All required zoning setbacks,including buffer.zones and no-out lines I. Location of any drainage,utility and other easements J. Location of drainage infrastructure 59) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown.,Planning staff shall verify this information. 60) All applicable erosion control measures must be in place and reviewed and approved by the planning Department. 61) Yellow"Caution"tape must be places along the limit of clearing and grading.The Planning staff must be contacted prior to any outting and/or clearing on the Site, 9 Bk 16735 Pg141 #2940 174 Cotult Street Dofinitive Subdivision Flan Assessor's Map 23,LOT 20 62) Catch basins shall be adequately protected and maintained to prevent siltation into drainage structures during construction. 63) Lot numbers must be posted on the lot and be visible from the roadway. DURING CONSTRUCTION 64) A police detail must be provided if determined necessary by the planning Board. This detail is to be paid for by the.Applicant, 65) All drainage/utility work shall be approved and coordinated with the DPW prior to installation in conformance with Condition 412 in the Findings of pact.Evidence of approval and coordination shall be provided to the Planning Department. 66) Dust mitigation must be performed weekly,or more frequently as directed by the Director of Planning,throughout the construction process. 67) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and reviewed and approved by the Planning Staff.Any approved piles must remain covered at all times and fenced off except for during active construction in order to minimize any dust problems that may occur with adjacent properties.It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to ofr=site construction. 68) Off-site erosion caused by the Project during construction will be a basis for the Planning Board finding that the Project is not in compliance with the plan;provided,however,the Planning Board shall give the developer written notice of any such finding and three days to cure the said condition. 59) In an effort to reduce noise levels,the developer shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the construction site. PRIOR TO ANY PATS BEING RELEASED FROM THE STATUTORY COVENANTS 10) The private roadway must be constructed to at least binder coat of pavement with stabilized shoulders to properly access the lot in question. 71) 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 pr vision prior to each lot release. 72) All required easement and maintenance documents must be provided to the Planning Department. 73) The Applicant must submit a lot release(FORM d)to the Planning Board for signature. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY )4 Address numbers for each lot must be posted so as to be seen from the street. 10 I 1 Bk '16735 .Pg142 42940 �I 174 Cotult Street E Definitive Subdivision,Plan ` Assessor's Map 23,LOT 20 .r"` i "7�) A'11 slopes shall be stabilized,as determined by the Planning staff,with regard to erosion,water. runoff,and safety. 7(6 It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether the individual lots are sold. The Planning Board requires any driveways to be moved at the developer's expense if such driveway is located at a catch basin or stone bound position. 77)jThe Planning Board reserves the right to review the Site after construction is complete and require Additional Site soreening as it deems necessary and reasonable. 70 The Applicant must submit a letter from the Project engineer stating that the building and Site layout substantially comply with the plans referenced at the end of this decislon as endorsed by the Planning Board. �79) A.11 necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. ,AC) The lot roust be ratted,locmed and seeded,sodded,or.mulched if the weather dges not permit seeding or sodding Ail There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shalt 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 owner's , expense if such driveway is at a catch basin or stone bound position,. (� 9 rior to the issuance of a final certificate of ocoupanoy for a development on Lot 2,the subdivision roadway shall be completed a000rding to the.Plan. A final as-built plans showing final building design Site improvements,on-site structures,curb outs and drainage facilities,roadway as-built and layout plan must be submitted to the Planning Department and the Department of Public Works.The as-built must be provided in paper form as well as in SDP(Standard Digital Pile)format, PRIOR TO THE IMAL ULLASE OI,ALL SECURITY AND PERFORMANCE BONA FUND 83) The Town Planner shall ensure that all Planning,Conservation,Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with al approved Plans and conditions, 84) The Planning Board must by a majority vote make a:finding that the Site is in conformance with the approved Plans. j 1 GENERAL CONDITIONS 85) Any plants,tree,shrubs,or fencing that have been incorporated into the Landscape Plan approved in this deoision that die or fall into disrepair must be replaced by the Project owner to conform with the Plans. 1 1. I Bk 15735 Pg143 #2940 174 Cotuit Street Definitive Subdivision Plan Assessor's Map 23,LOT 20 86) The contractor shall contact Dig Safe at least 72 hours prior to eommencins any excavation, 87) Gas,Telephone,Cable and Bleetrio utilities shall be installed underground as specified by the respective utility companies,or except as provided in the Plans, 88) The hours for construction shall be limited to between 7.00 a.m.and 5:00 p.m.Monday through Friday and between 8:00 a.m.and 5:00 p.m,on Saturday. 89) No open burning shall be done except as is permitted during burning season under the Fire Department regulations, 90) There shall be no burying or dumping of construction material on Site. 91) The provisions of this conditional approval shall apply to and be binding upon the Applicant,and its successors and assigns in interest or control, 92) Any action by a Town Board,Commission,or Department,which requires changes in the plan or design of the building,as presented to the planning Board,may be subject to modifioation by the Planning Board. 93) The Planning Director shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Planning Director shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing,or might otherwise require a modification to the original Definitive Subdivision approval. The Planning Board holds the final authority on determination of significance of proposed Plan changes. 94) Pursuant to the North Andover Rules and Regulations Governing the Subdivision of Land §255-5.9,the failure of an Applicant to record the definitive plan within six months of its endorsement by the Board at the Essex North District Registry of Deeds;or to comply with the constriction schedule incorporated into the performance agreement;or to initiate construction of improvements in a subdivision within two years of the approval of the definitive plan;or to comply with all applicable Town of North Andover Zoning Bylaw requirements;or to comply with the approved plans and any conditions of approval;shalt constitute grounds for the rescission of approval in accordance with the requirements and procedures set forth in MOL o.41,§81 W. 95) The following information shall be deemed part of the decision: Plan titled: Definitive Subdivision Plan,for 174 Cotuit Street(Map 23"t 20)North Andover, Massachusetts 01845" Prepared for: Five C Construction,LLC PO Box 2157 Methuen,MA O1844 Prepared by: Civil Design consultants,Inc. 12 1 R Bk 16735 Pg144 #2940 174 Cotuit Street I Definitive Subdivision Flan I Assessor's Map 23,LOT 20 344 North Main Street Andover,MA 01810 Scale: 1"-20' Date: October 22,2020,Revised to December 8,2020 Skeet$: C-1,C-2,C-3,and D-1 O&M Plan Thled; Long Terms Operations and Maintenance Program Dated: Ootobor 22,2020 rx:Applicant Abutters Town Clerk Attorney I E � i I I I 1 I I E f`fIf I 13 � 1 . I• I 1 ' I I I ,` I i� �' I l