HomeMy WebLinkAbout1993-01-19 Decision DEF SUB . 8 7 G 310
Notice to APPLICANT/TM GLIM and Gertifioation of Action of Planning Hoard,
on Definitive Subdivision Plan entitleds
Great Pond Estates
By's _neyan. siait & Pare, Inc., - dated November 12, 1 19 92
MMiFMiI �
I� The North Andover Planning Board has voted to APPStM said plan* subject to the
following conditions: "
1. That the record owners of the subject lend forthwith wwauts and record
a "covenant running with the land"p or otherwise provide security for the cosk-
atruction of was and the installation of anmicipal services within said sub-
divisiont all as provided by G.L. c. 410 S. 83.-V.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. T'hatt as required by the North Andover Board of Health in its report to �
this Board# no building or other structure &hall be built or placed upon Lots
NO. as sinm on said Plan without the prior �
consent a He
4• Other co rA tio>nes m
x
SEE ATTACHED c '
A Tkt�pato,»rs ,h�t
TP wn-Mozk �anp1*
AUG W96 640,04
TM thi ovefi't that no appeal shall have been taken from said apprrnr&1 within
twenty days from this datal the North Andover Planning Hoard will forthwith
thereafter endorse its formal approval. Won ssid Plan•
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M Aavdre.C, �1,3s•s o-iF.fs
XMTR ANDOV'SRi PLANUM BOARS}
Dater January 19, 1993 �= George Perna, 9, aiAr'man
� II
o BK 4567 FAG 311
AP b T offUIP&ALPROVAL OF IHI'!V9 .?LM
h'AV �' ' 5E}• �' Novanber 12 # 19 92
To the Planning Board of the Town of north Andover:
The undersigned# being the applicant as defined under Chapter 41, Seotion
B]—L, for appmal of a proposed subdivision shown an a plan esstitied
Gr atPond Bstato
by DeFeo Wait k pare Inc. dated August 23. 121
being land bounded as follOxs: Southe l by
Herskowitz .& Salava westerly b-y land of N n,
northerly by Lake Cqchich26jej k easterl kX land of D yid S ent Worthern Robert
by submits said p3An,as a DMNrflU pjAm in accordance nth tM RUIes and.Worthen.
Regulations of the !Forth Andover Planning Hoard and makes application to the
Board for approval, of said plan. �
Title References North Essex Deeds, Boole 31r, Pass _.Z&; or
dertifioste of Title No. , Registration Book,,,_# page; or
Other:
Said plan has( ) has not(X) evolved from a preliminsry plan submitted to
the Board of lg and approved (with modifiosti,aas) ( }
disapproved ( ax � 19
The undersigned hereby applies for the approval of said DW=TxVB plan
by the Board# and in furtherance thereof hereby agrees to abide by the BoardIs
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover# upon approval of said DMMUTM plaza by the
Boards
1. To install utilities in accordance with the rules and regulations of the
Planning Board# the Publi.- Works Department# the Highwar Surveyor# the
Board of Health, and all aneral as well as zoning by+-laws of said Town#
as are applicable to the installation of utilities within the 14md.ta of
ways and street*;
2. To complete and amstruat the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules egad Regulations
Of the I'lasnaing Board and the approved DVTN1"1M plan, profiles: and atria
sections of the am*. Said plan# profiles, Gross sections and constructions
speoifiaations are specifically# by reference, incorporated herein and made
a part of this application. ?his ,application and the covenants and agree-
ments hersin shell be binding spars all heirs, executors, asimim strotora# .
successors# grantees of the.whole or pert of said land, and assigns of the
undersigned; 'and
3• To complete the aforesaid instLUations and construotion within two (2)
years frm the date Aomomfw the mun cipal saver main As •nstalled in Great
Pond Road.
Received by Town Cleric:
Dates tee'ss a ws Realty Trust
Times 700 GreEtt BZd Road
Signatures North Andv r, Massachu etts
Address
: Bey 567 PG 312
Great Pond Rotates
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the Definitive subdivision
requested by Marilyn and Felecia Elias, dated November 13, 1992.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Landt
A. The Definitive Plan 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 is in conformance with the purpose
and intent of the Subdivision Control Law.
C. The Definitive Plan adheres to all of the design
standards as indicated in Section 7 of the Rules and
Regulations.
D. The Definitive Plan complies with all of the review
comments submitted by various town departments in order
to comply with state law, town bylaws 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 no long as the following
conditions are complied with:
1. Prior to the start of construction the record plans must be
endorsed by the Planning Board and recorded by the applicant
with the Registry of Deeds.
2. Prior to endorsement of the record plans by the Planning
Board, the applicant shall adhere to the following:
a. The applicant must schedule a meeting with the Town
Planner in order to ensure that the plans conform with
the Board's Decision.
b. A covenant (Form I) , securing all lots within the
subdivision for construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
a bond as required in condition # 2(B) .
C. Right of Way dedication easements for the proposed
roadway, shall be prepared at the applicant's expense
and provided to the Planning office.
d. The applicant must submit to the Town, Planner a FORM M
for all of the utilities and easements placed on the
1
subdivision. The Board will sign the document and it
must be filed with the Registry of Deeds.
e. All drainage, water, and sewage facility designs shall
be approved by the North Andover Division: of Public
Works.
f. All conditions listed herein shall be placed on the
cover sheet of the.Reeord Plans which will be presented
for endorsement by the Planning Board.
g. The applicant must review roadway names with the E-911
Coordinator and submit proof of acceptance to the
Board.
h. All application fees must be paid in full.
All documents shall be prepared at the expense of the
applicant, and shall have proper mates and bounds as
required by the Planning Boards Rules and Regulations
Governing the subdivision of Land.
3. Prior to any lots being released from the statutory
covenants:
a. The applicant must submit a lot release FORM J to the
Planning Board for signing.
b. A performance bond in an amount to be determined by the
Planning Board shall be posted to ensure completion of
the work in accordance with Plans approved as part of
the Subdivision. Items covered include, but are not
limited to:
1. as-built drawings "
2. sewers
3. roadways
4. drainage
5. site screening and street trees
6. lot erosion control
7. site restoration
8. final cleanup of site
c. All proper documents and easements required through
Condition # 2 shall be in place.
4. Prior to a Building Permit being issued (FORM U signed) for
an individual lob., the following information shall be
required by the Planning Department:
2
a. The applicant must submit to the Town Planner proof
that the FORM M. referred tb in Condition 2(d) above,
was filed with the Registry of Deeds Office.
b. Three (3) complete copies of plans and two (2) copies
of all documents containing the Registry of Deeds stamp
must be submitted to the Town Planner as proof of
filing.
C. A plot plan must be submitted, which consists at a
minimum of the following information: (a) location of
the structure, (b) location of the driveways, (c)
location of the septic systems if applicable, (d)
location of all water and sewer lines, (e) location of
wetlands and any site improvements required under a
NACC order of condition, (f) any grading called for on
the lot, and (g) all required zoning setbacks must be
shown.
d. All appropriate erosion control measures shall be in
place. Final determination of appropriate measures
shall be made by the Planning Staff.
e. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. Lot numbers must be placed on all lots and be visible
from the street.
g. The applicant must "submit to the Planning Staff a copy
of the final subdivision plan and a copy of all
required documents filed with the Registry of Deeds
office.
h. All necessary permits and approvals for the lot in
question must be secured from the Department of Public
Works, the . North Andover Board of Health,the
Conservation Commission and any State approvals as
required.
i. The applicant must , comply with Section 4.136,
"Watershed Protection District" of the Town of Forth
Andover Zoning Bylaw (May 1992) .
,. Prior to a Certificate of occupancy being issued for an
individual lot, the following shall be required:
a. All necessary permits and approvals for the lot in
question shall be secured from the -North Andover Board
of Health, and Conservation Commission.
3
BK 4567 FAG 315
b. As-built plans of the individual lots showing location
and final grades for all structures and septic systems
must be submitted to the Planning staff.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question. An
interim as-built, certified by a registered
professional engineer, verifying that all utilities
have been installed in accordance with the plans and
profile shall be submitted prior to the application of
the binder coat of pavement. In addition, all required
inspection and testing of water, sewer, and drainage
facilities shall be completed .prior to binder course
paving.
-e. All slopes on the lot in question shall be properly
stabilized.
f. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. it shall
be the developers responsibility to assure the proper
iplacement of h driveways
individual lots are sold. The regardless whether
Planning Board shall
require any driveway to-be moved at the owners expense
if such driveway is at a catch basin or stone bound
position.
Certification by a Registered Professional Engineer
will be required prior to the issuance of a certificate
of occupancy.
g. The applicant must submit written documentation to the
Planning staff from the Department of Public Works that
the sewer system has been constructed, inspected and
tied in to the .miiniaipal sewer system to be constructed
along Great Pond toad.
h. The proposed sewage pumping station shall conform to
Article VIII of the.. sewer use ordinances of the
Division of Public works. The design and construction
Of the station is subject to the review and approval of
the Division. Upon approval, the pumping station shall
be under the control and jurisdiction of the Division,
however, the responsibility and expnse of operation and
maintenance of the pumping station shall be borne by
the developer for a period of five years from the date
of approval. An amount shall be included in the
subdivision performance bond for the pumping stations
a
O&M as required in condition 3(B) . if public acceptance
`of the subdivision Yoadway and easements occurs prior
to completion of the five (3) year O&M period, a
■aparate escrow account and or service contract shall
be provided to adequately maintain the pumping station
for the remainder of the period.
6. Prior to the final release of bond mangey, the following
:. shall be completed by the applicant.
a. An as-built plan and profile shall be submitted and
approved by the Division of Public Works.
b. The applicant shall petition Town Meeting for public
acceptance of all streets. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivisioh and .all remaining work with the
Town Planner and the Division of 'PUblie Works. The
Planning Board shall hold a portion of the subdivision
bond for continued maintenance and operations until
such time as Town Meeting has acted upon the petition
to accept the roadways. It shall be the developers
responsibility to insure that all proper easements have
been recorded with the N.E.R.D..
7. The applicant must comply with the requirements of the Board
of Health including the requirement to tie in the dwelling
on Lot a into the sewer line coincident with the
construction of the sewer for the other proposed lots.
B. Any changes on the plans required by the North Andover
Conservation commission may be subject to Modification under
Chapter 41 by the Planning Board.
9. The Applicant must comply with following requiremants of the
Fire Department:
a. Underground fuel storage will not be permitted as this
subdivision is located within the Watershed.
b. Open burning in allowed only under the supervision of
the fire department and in accordance with the open
burning law. The. -burning of construction debris is not
allowed.
10. Throughout the Right of -Way, tree cutting shall be kept to a
minimum in order to reduce erosion and preserve the
natural features of the site. Accordingly, the ""Livia of
Work" line shown on the plane shall be located and marked in
the field and approved by Planning Staff.
In the event there is tree cutting outside the right of way
and other areas in which improvements are shown by the
plans, the developer in conjunction with a registered
arborist, or other professional as approved by staff, shall
submit a tree cutting andrreforestation plan consistent with
the provisions of Section 5.8 of the North Andover Zoning
Bylaws (The plan is only for areas of substantial cutting
and filling) to be reviewed by the Planning Staff prior to
the applicant receiving a -permit to build on any lot within
the -subdivision. This Plan shall explicitly include specific
trees to be retained.
Also, the developer shall inform the Town Planner when any
tree cutting is to occur in order that the Planner may
determine the need to be to be present.
11. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
12. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13. Waivers to the Planning Board's "Rules and
Regulations Governing the Subdivision of Land" are
granted via a "special Permit for the Construction of a
Roadway in the Watershed Protection District". Refer to the
special permit for specific waivers. Compliance with all
conditions of the special permit is a condition of this
definitive subdivision approval.
14. By accepting this Conditional Approval, the applicant waives
all rights granted under any previously approved subdivision
plan for this property.
15. The -following plans and documents shall be considered as
part of this decision:
A. Plans entitled: Great Pond Estates
A Definitive Subdivision Plan
in North Andover, Massachusetts
Scale: as shown on plans
Dated; October 7, 1991; revised 11-20-91; 12-2-
91; 1--22-92; 9-9--92; 12-11-92
Sheets: 1 through 11
Prepared By: DeFeo, Wait & Associates, Inc.
-Prepared For: Eight Meadows Realty Trust
B. Plans entitled: Great Pond Estates
Grading and Utility Sheets
Houses, Driveways, Lot Grading and
Limits of Clearing
Scale: as shown on plans
Dated: October 7, 1991; revised 11-20-91.; 12-2-
91; 1-22-92; 9-9-92; 12-11-92; 12-14-92
fi
Sheets: 3 of 11 and 4 of 11
Prepared By: DeFso,, Wait & Associates, Inc.
Prepared For: Eight Meadows' Realty Trust
C. Report entitled: ' Report and Supporting Information for
Definitive Subdivision Plan and special
• Permit Filings for 'Great Pond Estates",
North Andover, Massachusetts
Modified By: Correspondences dated December 4, 1992
regarding revisions to drainage system,
including attachments thereto
Prepared •By: DeFeo, Wait & pare, Inc.
Prepared Forz Eight Meadows Realty Trust
cc: Director of Public Works
Building Inspector
Health Administrator
Asses®ors
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
Greatpond.sub
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