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HomeMy WebLinkAbout1989-08-16 Certificate of Amendment, Modification or Rescission of Appvl. of Def Sub Plan �6 o� a Oi:PiCL.S OF: Town�z;. � �. � t" c) Roll 51rrx'I BUILDINGNORTH[ ANDOVER Nc:rtl� Alicic��cr, CONSERVATION Ri<t55 ac:ltisc lls ()184 HEALTH "'�,Ac„s�i' DIVISION O (08) (382-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR LEGAL NOTICE June 19 , 1989 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Thursday evening, July 13, 1989 at 8 : 00 p . m. , in the Toren Hall, Library/Conference Room, 120 Hain Street, North Andover, with all parties interested in the application of the North Andover Planning Board for the rescinding of a definitive subdivision approval pursuant to the provisions of M. U . L . CHapter 41 , Section 81W, under a requirement of the Subdivision Control. Law and the Mules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of North Andover, the following described' parcel of land bounded as f 0 lows and contains 12 , 85 acres , more or less, subdivided into ten ( 10 ) lots known as hitching Post Road . Hounded: Southeasterly by: Appleton Street Southerwesterly by: Land of N . Patnaude Southeasterly by Land of N. Par_anaude , Gaffney, Ba„seu , and N . Patnaude Southwesterly by: Lana of A , J . Lane Construction , N . E . Power Co . Northwesterly by: Land of N . E . Power Co . Northeasterly by: Land of `i'hompsons Plans available in the North Andover Planning Board Office 8 : 30-4 : 30 Per North Andover Planning Board George Perna, Jr. , Chairman Publish North Andover Citizen ;June 22 and June 29 , 1989 Bill : Division of Planning & Community Development 120 Main Street North Andover, MA 01845 ltGALNOTtO�` + ' `=,WWNOF NORTH ANDOVEa DIVISION OF PLANNING 6 COMMUNITY DEVELOPMENT KAREN H.P.NELSON _ ....., , DIRECTOR JUNE 19.1089 LEGAL,NOTICE Notice Is horoby givon that the North Andover Planning Board will hold a public hearing on Thutsday evening,July 13,1a8A at 8:00 p.m.,€n the TOWN OF NORTH AND OVER Town Hall. LibrarylCon(oronca Room, 120 Main ';1'.r?t,' ' DIVISION OF Street,North Andover,with all parties Interested In }r: rl; PLANNING&COMMUNITY �. the appiloatron of the North Andover Planning Board ° t DEVELOPMENT for the rescinding of a delln[lve subdivision approval ;:� '•', F KAREN H.P.NELSON _ pursuant to the provisions of M.G,L, 4t, Section s•t DIRECTOR 81w,under a roctufromeni of the Subdivision Control JUNE 19, 1989 Law and the Rules and Regulations Governing the NQIICe is hereby given' that the North Andover Subdivision of Land of the Planning Board in the Town of North Andover, the following descrbod Planning Board will hold a public hearing on patcol of land bounded as follows and contains ;'Thursday evening,July 13,1989 at 8:00 P.M-,in the 12AS acres,rooteor loss,subdivided Into ton(10)tats lrnown as Hhching Post Read. i>own .+1ali;'LibrarylConierence Room, 120 Main Stroet�`Nortfi Andover, with all parties Interested,in y Bounded: the appltcatlon of the North Andover Planning Board Southeasiody by:Appleton Street for the rescinding of a•deflnitive subdivision approval Southwesterl Southeastwiy by:Land Lad off N.Patanaudo,Gaffney,'al naudo 'pUr$Uatit ttO' the provisions of M•G,L, 41, Section Bassett,and N.Patnaude 81 W,under a requirement of the Subdivision Control, Southwesterly by:Ladd of A.J.Lano ConsImellon, �aw and the Rules and Regulations Governing tE1B N.E.Power Co. 4 subdivision of Land of the Planning Board in the Northwesterly by:Land of N.E.Power Co. Northeasterly by.Land ofThompsons 'Town of North,Andover, the following described Plans available In the North Andover Planning parcel of land bounded as follows and contains ecardoffke sett-ado. 1225 acres,more or less,subdivided into ten(10) Per North Andover Plann[npp Board lots known.e¢Hitching Post Road, GewgePema,Jr„Chapman Y l•,?.' s ` Pubilsh North Andover ` Citizen ' Hounded: June 22 and June 29,1909 Southeasterly by:Appleton Street I ; Southwesterly by:Land of N. Pat naude Southeasterly by Land of N. Palanaude, Gaffney,' Bassett,and N.Patnaude iSouthwesterly�by:Land of A.J. Lane Constructlon, A.E. Power Co.' Northwesterly by:Land of N.E. Power Co, Northeasterly by:Land of Thompsons' .,.,Plans available in the North Andover Planning Board Ofllce O=-4:3n. . Per North Andover Planning Board ,George Perna,Jr„Chairman Publish North Andover :Citizen ' c June 22 and,tune 29,19p9 ; A� ,fir: .!. ', ', ,' , ,• i i�. r LEGAL<NDTICIw TOWN OF NORYH ANEIOYER DIVISION OF f LApN1NVQ 6 C)MMUNiTY DEVELOPMENT ' i HAREN KR NELSON LEGAL NOTICE JtINE191g119 DIRECTOR Notloe is heahy gHan chat she North Andover, Planning B.pard will hold a public hearing on TQWN orNQRT11 ANOQVER Thursdayevs6€ng,.. IY27,laaeats:oop.rn..Intha1 Town Hall, t36rary1ConI ranee Room 120 IM DIVISION OF Slrool,North Andover,vAth allpadfea Inleresled In PLANNING & COMMUNITY theaollcaltanolthallorihAndo Vol PlmhlnQgoard " to Amend,Modify or raeaInd tha;dellnillve DVV.NLOPMENT subdiWelvn amloval pursuant to lho provls€ono o1 " Map L 0 Secllon effl rindar a re ulremsnt of.the KAREN !1.P. NELSON S€tbd€vislon Control Lew and I, Rules and I Ro&.Iallons.eoverning the Subdlvlslon a[Land o[ f DIRECTOR the Plar In Board[n tho Town of Nor[h Andover, the loll owing deacrtbed Parcel of land bounded as , JUNE 19, 1989 tollows and conlalna 12,85 acres,.M016 or less, subdivided into tan 00)lots known as H€ehing Posit Notice is' hereby given that the North Andover Road. Planning Hoard will hold a public hearing on Bounded: Thursdayevening, Jul 27, 1989 at 8:00 m Sotnheastedyby 4pletorlStreat g P• + So.uthwastarly:by;Land oI N Patanaude in the Town Hall, Library/Conference Room, 120 Southeastarly by land o1 N Pa(Anaudo,Gallney, S Ru011 and N,:Patmaude Main Street, North Andover, Wfth all parties Southwasteify.by:LandofA11anfi.Con strualon, N.E.Pont Co interested in the application of the North North"EIAOrty.by Land ulN,E.PowerCo, Nor h.westerly by.Land ol.Thampson8. Andover Planning Board to Amend, Madify or Plans"ava€fable In iho.North Andover Plan.Aing BoardDlflceB:30 4�0. ' rescind the definitive subdivision, approval Pat North AndaVer pursuant to the provisions of M. G. L. 91 pranh€ngBoard:; GeargePems,Jr Section 81W, under a requirement of the Sub- PChafrrisari ubllshNorthAndover Cllfcen division "Control Law and the Mules and Reg- ( auly,.ls.ndrulyo 19tt4 ulations Governing the Subdivision of Land l of the Planning Hoard in the Town of North Andover, the following described parcel of land bounded as follows and contains 12.85 acres, more or ,less, subdivided into ten (10) lots known as hitching Post Road. 4 Bounded: Southeasterly by: Appleton Street Southwesterly by: Land 'of N. Patanaude Southeasterly by Land of N. Patanaude, Gaffney, Bassett and N. Patanaude Southwesterly by: Land of h.J . Lane Construction, N.B. .Power Co. Northwesterly by: Land of N.E. Power Co. Northeasterly by: Land of Thoitipsons Plans available in the North Andover Planning Board Office 8:30 - 9:30. Per North Andover Planning Board George Perna, Jr. , Chairman Publish North Andover Citizen July 1:3 and- J'u1y 20, 1989 . FORM Q TO��;�1 �:;t.�,ikVN PLANNING BOARD 2 � � TOWN OF North Andover MASSACHUMOS CERTIFICATE OF AMENDMENT , MODIFICATION OR RESCISSION OF APPROVAL OF DEFINITIVE SUBDIVISION PLAN Auclust 16 19 $q� TOWN CLERK TOWN OF North Andover , Massachusetts On the motion/petition of the Planning Board dated and in accordance with Massachusetts General Laws , C apter 41 , Section 81-W , it is hereby certified by the Planning Board of the town of North Andover Massachusetts , that at a duly called and properly posted meeting of said Planning Hoard , held on July 27 1989 it was voted to amend/modi fy/ rescind the approval of the definitive subdivision plan of land entitled : - Hitching Post Road owned by : i o f : North Andover plan s dated : August 6, 1987 , a n r e v i s e mav 11 1988 y : Andover consultants and recorded at tt e Registry ofDeeds , Platt Book , Page per ormance guarantee being and recor e Book Page land locatedwesterly side______--_ of Appleton Street , and showing 10 propose ots , by ma ing the following amendments/modification s TT— by rescinding the approval for the following reasons : The Subdivision was constructively approved. The Planning Board, by the power granted to them through Mass. General Law, Chapter 41, Section 81W, hereby amends this constructive approval by adding conditions relative to the Subdivision Rules & Regulations of the Town of North Andover. All prior conditions of approval shall remain in full force and effect until such time as they are met , pursuant to Massachusetts General Laws , Chapter 41 , Section 81-ll , this Amendment/t�odi fi cati on/ Rescission shall take effect when duly recorded by the Planning Board at the Registry of Deeds the plan or originally approved , or a copy t ereo , a certified copy of this vote making such Amendment/ Modification or Rescission , and any plan or other document referred to in this vote . Said recording to be at the expense of the applicant in the case of Amendment or Modification . The Amendment/Modification/Rescission of the approval of this plan shall not affect the lots in the subdivision which have been sold or mortgaged in good faith and for a valuable consideration or any rights appurtenant thereto , without the consent of the owner of such lots , and of the holder of the mortgage or mortgages , if any , thereon . ( Page I of 2 ) Written consent from said owners and mortgages , if any , is attached hereto . NOTE TO CLERK : The Planning Board should be notified immediately of any appeal to the Superior Court on this subdivision 'Amendment/flodification/Rescission of the approval made within the statutory 20-day appeal period . If no appeal is filed with your office , the Planning Board should be notified at the end of the 20-day appeal period in order that the originally approved plan may receive an appropriate endorsement and be recorded along with a registered copy of the certi - fied vote Amending/Modifying/ Rescinding the approval . A 'true Copy , attest : Cl erk , ~- - Planning Boar Duplicate copy sent to applicant : Planning Board ( Facie 2 of 2 ) i ! j r HITCHING POST SUBDIVISION, DEFINITIVE SUBDIVISION APPROVAL. (1) 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 placement of the driveways regardless of whether individual lots are sold. The 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 the Department of Public Works will be required prior to the issuance of a certificate of occupancy. (2) All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. (3) An As-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. A certified interim as built 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. (4) Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. (5) With respect to the constructively approved plan recorded with the Essex North District Registry of Deeds as Plan No. 11013 , the following shall be performed in accordance with chapter 41, Section 81W: (1) The original Plan, constuctively approved and recorded as Plan No. 11013 , or a copy thereof, and a certified copy of this modification, shall be recorded with the Registry of Deeds, (2) an endorsement has been made on the Plan constructively approved and recorded as plan No. 11013 referring to this Modification and where it is recorded, and (3) this Modification shall be indexed in the Grantor Index under the names of the owners of record of the land affected. (6) Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws { The plan is 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 y j ! subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be to be present. (7) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. (8) Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. (9) All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. (10) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. (11) No underground fuel storage shall be installed except as may be required by Town Regulations, (12) Permanent house numbers will be posted on dwellings prior to occupancy. (13) All lots shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. (14) All drainage and sewage easements as shown on the plans shall be recorded with the North Essex Registry of Deeds. (15) The applicant shall adhere to all conditions within the amended approval from the North Andover Conservation Commission dated, September 9, 1988 . (16) Within 30 days of the recording of this Modification, the . rectangular shed stradling the lot line of Parcel "A" and lot 15, and designated on the Plan as " (to be removed) " shall be removed. Additionally, no building permit for a residential dwelling may be issued for Lot15 unless said Building Permit is conditioned upon the removal, or conversion, of the structure shown on the Plan as "BARN/STABLE" . (17) The roadway shall be constructed up to binder coat standards prior to issuance of a Certificate of Occupancy for any new . construction within the subdivision. (18) The sewage facilities shall be approved by the North Andover DPW prior the issuing of any building permits for any lots within this subdivision. (19) The sewer design, as shown on the plans, is unacceptable. j The sewer should be designed to flow by gravity along the property line of lots 9 and 10 in the Hitching Post Subdivision. The sewer should then continue through a utility easement at the rear of lots along Stagecoach Rd. to the existing sewer in the Pines Subdivision. (20) The proposed hydrant at the cul-de-sac shall be installed on the North side of the road. (21) The width of pavement along Hitching Post road shall be 26 feet. (22) Sloped granite curbing shall be installed along the roadway where the grade exceeds 5% and shall extend down to the catch basins at Station 3 & 50. (23) Street trees shall be planted every fifty (50) feet throughout the subdivision. The trees shall have a caliper of not less than 3 1/2 inches. (24) A sewer extension permit from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection and written permission from the owner to enter the Blue Ridge Road Pumping station must be obtained prior to the issuance of a sewer extension permit by the Division of Public Works. The following plans are deemed approved by this decision: Plans entitled: Definitive Subdivision Plan "Hitching Post Road" North Andover, Mass. Dated August 6, 1987 . Plan Showing Proposed Siltation Basin and Revised Retention Pond. Dated May 11, 1988. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File Discussions - 129 Main Street - Site Plan Review `!.:o Chris Huntress , Environmental Planner spoke to• the Board on the t application. John Willis, Jr. has go before the Board of Appeals with regards to the Building Inspectors interpertation whether a Site Plan Review was needed to this existing structure that was being renovated on the fnside only. The. applicant is requesting a withdrawal of the application because Site Plan Review is not needed and requested that the filing fee be returned. MOTION: By John Simons to accept the withdrawal without prejudice and return one half of the filing fee . SECOND: George Perna VOTE : Unanimous of those present . / Hitching Post Road - Definitive Subdivision Bill Hmurciak, D . P. W. , requested Hitching Post Road be placed on the agenda because work is going on at the site . Paul hedstrom said to readvertise for a modification by the planning Board under Chapter 40A, Section81W. George Perna asked for a copy of the plan on file with the Registry of Deeds . Paul hedstrom asked that the matter be placed on the agenda the third week in June . MOTION : By John Simons to file for modification of Hitching Post Road . SECOND: Erich nitzsche VOTE : Unanimous of those repsent Bald Meadow - Definitive Subdivision •- Revised -Proposed Covenant Chris Huntress stated that the applicant had submitted a letter regarding language in the covenant Paul Hedstrom said no not until the road is built. MOTION : By George Perna that a bond be posted on the road.• SECOND : Erich Nitzsche VOTE : Unanimous of those present. Woodchuck Grove -- PRD - Drainage A meeting/workshop is to be set up with Al Shaboo, Design Engineering; Bill Hmurciak, D . P. W, ; Erich Nitzsche and Chris Huntress . A lengthy discussion took place between George Perna and John Simons on the roadway and drainage . MOTION : By John Simons to make the roadway a private way. SECOND : George Perna VOTE : Unanimous of those present. i ti Bonds/Lot Releases Coventry I & II Na bond submitted, no action taken. Glencrest Drive - Release Lot MOTION : By George Perna to release Lot 7 Glencrest Drive . SECOND: Michael Leary VOTE : Unanimous French Farm - Bond Release MOTION : By Michael Leary to release $9, 281 . 95 on the recommendation of the Department of Public Works . SECOND : George Perna VOTE : Unanimous The Pines - Bond Release Ben Osgood, Jr. , asked the Board upon producing As-Built flans for The Pines Subdivision, that they would release $10,000 . 00 so the As-Built Plans could paid. The Board saw no problem with the request. Carlton Farms - Release of Security Erich Nitzsche read a letter from the Department of Public Works . There are still items to be addressed. Issues to be placed on the June 15 , 1989 agenda. Jerad II - Acce t Bond/Release Lots MOTION : By George Perna to accept Form K, Performance Secured by Lender' s Agreement. SECOND : Michael Leary VOTE; Unanimous MOTION : By Michael. Leary to accept Form J and release the lots . SECOND : George Perna VOTE : Unanimous Hitching Post Road - Requesting Bond Amount The subdivision was approved by default. The Board requested that a public hearing be held on recinding the approval and put conditions on the subdivision. The hearing to be July 13 , 1989 . The Board will not determine a bond amount on a subdivision that has been approved by default until the approval is recinded by Planning Board action and conditions to be placed on it. Decisions Rosemont - PRD Decision to be drafted .for Planning Board vote on June 15 , 1989 . Erich Nitzsche would like granite curbing within the project. Department of Public Works to submit written comments and concerns which will be incorporated into the decision . John Simons commented on looking at`the 'scale model. in conjunction with the massing. Paul Hedstrom a,sksd''.if a Form A Plan existed, was it a legal lot of record.' ' Mr., Filias said "no, not yet.", George Perna asked for public input. Erich Wodlinger, attorney representing the Rockwells, gave the Board a letter on issues his clients wanted addressed: 1 . access issues to be addressed as a subdivision 2 . drainage 3 . public utilities for abutting owners 4 . landscaping and screening to be done carefully The remaining issues are in the letter. Mr. Wodlinger asked that the concerns be made part of the conditions. George Perna questions why the access road was moved . Clifford Elias stated that there were two reasons for the access road being moved: I . conservation 2 . . safety Attorney Arthur Hughes , representing the Mary Charles Estate , expressed concerns similar to those expressed by Eric Wodlinger, attorney for the Rockwells . Motion: by Paul Hedstrom to continue the public hearing until August 10, 1989 and set tip a workshop . Second : Jack Graham Vote : Unanimous Hitching PostRoad Definitive Subdivision John Simons read the legal notice to open the public hearing . Chris Huntress spoke to the Board on this application being relative to a subdivision with no conditions . Paul Hedstrom .stated that there were no major issues except placing conditions on a subdivision . Attorney Robert Lavoie , represented the applicant. He stated that there was a communication problem. He also stated that Hr . Patnaude objected to the legal notice stating " rescindincg" of the subdivision , should have been modify or amend the plan . The issue of the sewer is in controversy. The Department of Public: Works wants a gravity lift, the applicant wants a pumping station . Chris Huntress is to review the application and come up with a draft decision for the Board to review and act on. . I•Iotion : By Paul Hedstrom to close the public hearing and draft a decision for the August 10, 1989 meeting. 'Second : Erich Nitz.sche Vote , Unanimous :safe 'N ' Sound Mini_ S�oraje Site Plan Review AModification John Simons read a letter from Chris Huntress to l4r. Todd . r.�r�a, fh s, iS Discussions Tiffany Lane Chris Huntress spoke to the Board on the issue, the access to Tiffany Lane . Condition #4 states that the owners 'of Tiffany Lane must prove ownership for the access and that the Planning Board is satisfied with the documents . Town Counsel to review the documents . Motion: By Paul Hedstrom that Town Counsel response is the Planning Hoards response . Second: Jack Graham VOTE : Unanimous of those present. Spring Hill -- Road Dedication Easement Chris Huntress stated that the Rs-Built Plans are needed and Town Counsel to review the Road Dedication Easement. Turner Estates - Completion Date Chris Huntress stated that the completion date was up on August 18, 1989 . Motion : By Paul Hedstrom to extend the covenant. Second : Jack Graham Vote : Unanimous of those present. Decisions Hitching Post Road - Definitive Subdivision Erich Nitzsche read a letter from the owners responding to a draft decision. The applicant took issue with the sewer. Motion : By ;rich Nitzsche to approve the draft decision on the subdivision . Second: Jack Graham Vote : Unanimous of those present. Note : Decision is part of the minutes . Safe _ 'N'__Sound�M?i.ni Storaq_e = Site Plan Review Motion : By Erich Nitzsche to approve the modification of Safe ' N ' Sound Mini Storage as drafted . Second : Jack graham Vote : Unanimous of those present. Note : Decision is part of the minutes . Motion: By Erich Nitzsche to go into Executive Session to discuss 1070 Osgood Street which is in litigation. Second : Jack Graham Vote : Unanimous of those present . The Planning Board Trent into Executive Session on August iO, 1989 at 11 : 30 p. m. to discuss 1070 Osgood Street. 1 a. .