HomeMy WebLinkAbout2002-12-27 Recorded Decision - DEF SUB wr
Town of North Andover f
m' iiaerk
1
Office of the Planning Depart enl 3ro�
o t
Community Development and Services Division
1 �SY R
27 Cl1arles JLl'(!(?# '� 04,o ,•' 41
North AtidovP.1', Mltsrac11lisetls O-l.8Ll5 c:+l,5e�
Kathy McKenna Telephone (978)688-9535
t'Irrlming Director Fax (978)688-95=12
Notice Of Decision
Any appeal shall be fled
Within (20) days after tine
Date of fling this Notice ,
In the Office of the Town
Clerk
[ 1 r_1 1.
rhis Is to cwtify that twenty(20)days Date: December 27, 2002 73 C'Fri
cj)
have etfilln from pate ofdec(slnn,flied Date of Hearing: SeptembeiNIO,
Without filing of ttn a
Hate f a ct 2002, October 1, 2002, Octr• 15,
JoycU A, Fads aw Town Clerk 2002, December 3, 2002 &
December 17, 2002
Petitin>a of: qua Leigh Development Ciorporat(m, LLC, 185 Hickory Hill Road
North Andover, MA 01845
'remises Affected: Property along Bradford Street in the'Towns of North Andover and
Boxford, MA
Referring to the above petition for a Definitive Subdivision. The application was
deterinined to be complete and was noticed and reviewed in accordance with the
procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law").
So as to allow: construction of a seventeen (17) 1ot subdivision consisting of single-family
homes with three multi-use recreation fields,playground, town common
and open space known as Carter Farm Subdivision. itz ;y ` Ah, t2
After public hearings given on the above dates, the Planning Board voted to APPROVE,
the Definitive Subdivision, based upon the following conditions:
Signed:
John Sir6ons, Chairman
Cc: Applicant Richard Nardella, Clerk
Eligincer Felipe Schwarz
Abutters George White
DPW
Building Department ATTEST,
Conservation Department A.Ti ue Copy����._!a
ZBA
Health Department Town Clerl(
BO ARD OF APPEALS 688-9541 BUII DING 688.95,I5 CC 14NRVX1'ION 688.9536 HEALTH 688-95,10 PLANTNING 688-9535
1
i
Carter Farm Definitive Subdivision
The Planning Board, by unanimous vote, herein APPROVES the Definitive Subdivision
for a seventeen. (17) lot subdivision, consisting of single-family homes with three multi-
use recreation fields, playground, town common and open space known as Carter Farm
Subdivision. Tara Leigh Development Corporation, LLC, 185 Hickory Hill Road, North
Andover, MA 01845 submitted this application on August 9, 2002. The application was
determined to be complete and was noticed and reviewed in accordance with the j
procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land (Revised February, 1989) and M.G.L. c. 41 (the
"Subdivision Control Law). The area affected is located off Bradford Street in the R-2
Zoning District, and is shown on Town of Boxford Assessors Map 4, Block 1, Lot 3 and
North Andover Map 62, Lot 2. Parcels Town of Boxford Map 4, Block 1, Lot 3.1 and
North Andover Map 62, Lot 138 are also encompassed by this decision.
The Planning Board makes the following findings as required by the Rules and
Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated August 9, 2002, last revised November 4, 2002 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 adheres to all of the design standards as indicated in Section 7
of the Rules and Regulations, except for those waived by the Planning Board as
indicated in Condition# 19.
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.
E. The curving roadway design allows for minimal wetland impacts and is designed
to maintain the look and feel of the original hayfield.
F. The project will extend Town sewer via Bradford Street and Barker Street.
G. There is approximately 98 acres of open space associated with this development
that shall be subject to a perpetual conservation, agricultural, or recreation
casement and / or restriction.
1
i
i
i
• i
H, The Planning Board properly retains jurisdiction as the Town Boundary line
between Boxford and North Andover has been changed per State Legislature
ratification of House Bill Number 5390 on December 9, 2002.
Finally, the Planning Board finds that the Definitive Subdivision complies with all Town
Bylaw and Board of Health standards and requirements so long as the following
conditions are complied with:
1) Traffic Mitigation:
a) Carter Farm Road approach to Bradford Street shall be placed under stop sign
control with a painted stop line and a double yellow center line.
b) A painted crosswalk shall be added to formalize pedestrian connections
between the parking area and recreational fields.
c) Overhead street lighting and a painted crosswalk shall be placed across the
proposed Carter Farm Road.
e) All internal intersections shall be placed under stop sign control.
f) intersection advanced warning signs shalt be placed along Bradford Street in
advance of the proposed access/egress driveway. The Police Department and .
Department of Public Works shall be consulted prior to placement.
2) Environmental Monitor: The applicant shall designate an independent
environmental monitor who shall be chosen in consultant with the Planning Department.
The Environmental Monitor must be available upon four (4) hours' notice to inspect the
site with the Planning Board designated official. The Environmental Monitor shall
make weekly inspections of the project and file monthly reports to the Planning Board
thrqughout the duration of the project. The monthly reports shall detail area of non-
compliance, if any and actions taken to resolve these issues,
3) Prior to endorsement of the plans by the Planning Board the applicant shall
adhere to the following:
a) The applicant most submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision.
b) All subdivision application fees must be paid in full and verified by the Town
Planner.
d) The applicant must meet with the Town Planner in order to ensure that the plans
conform to the conditions of the Board's decision.
e) A full set of final plans must be submitted to the Town Planner for review
prior to endorsement by the Planning Board, within ninety (90) days of filing
2
i
i
the decision with the Town Clerk. It is expected that the project name
reflected on these plans will change to Carter Fields Subdivision and the street
name will change to Carter Field Road.
f) The Subdivision Decision for this project must appear on the mylars.
g) A Development Schedule must be submitted for signature by the Planning
Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw.
The schedule must show building permit eligibility by quarter for all lots.
h) 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.
4) Prior to ANY WORK on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as
shown on the plan. The Planning Staff must be contacted prior to any cutting and or
clearing on site. The applicant shall then supply a copy of a plan, certified by a
registered professional engineer, certifying that the limit of clearing and grading
have been cut in accordance with the approved plans,
b) All erosion control measures as shown on the plan and outlined in the erosion
control plan must be in place and reviewed by the Town Planner.
5) Throughout and During Construction:
a. Dust mitigation and roadway cleaning must be performed weekly, or as
deemed necessary by the Town Planner, throughout the construction
process.
b. Street sweeping must be performed, at least once per month, throughout
the construction process, or more frequently as directed by the Town
Planner.
c. Hours of operation during construction are limited from 7 a.m. to S p.m,
Monday through Friday and 8 a.m.—S p.m. on Saturdays.
6) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one
(1) certified copy of the following documents: recorded subdivision approval,
recorded Covenant (FORM I), recorded Growth Management Development
Schedule, and recorded FORM M must be submitted to the Town Planner as proof
of recording.
3
I
b) The applicant must submit a lot release FORM J to the Planning Board for
signature.
c) A Performance Security in an amount to be determined by the Planning Board, shall
be posted to ensure completion of the work in accordance with the Plans approved
as part of this conditional approval, The bond must be in the form acceptable to the
North Andover Planning Board, 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
7) Prior to a FORM U verification for an individual lot, the following information is
required by the Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in
Condition 6(c)above.
b) A plot plan for the lot in question must be submitted, which includes all of the
following:
i, proposed location of the structure,
ii. proposed location of the driveways,
iii, proposed location of all water and sewer lines,
iv, location of wetlands and any site improvements required under a
NACC order of condition,
v. any proposed grading called for on the lot,
vi. all required zoning setbacks,
viii. Location of any drainage,utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning
Board or Staff shall mare final determination of appropriate measures.
d) Lot numbers, visible from the roadways must be posted on all lots.
e) An as-built plan must be submitted to the Division of Public Works for review and
approval prior to acceptance of the sewer appurtenances for use,
f) The roadway must be constructed to at least binder coat of pavement to properly
access the lot in question. Prior to construction of the binder coat, the applicant shall
4
ensure that all required inspection and testing of water, sewer, and drainage facilities
has been completed. The applicant must submit to the Town Planner and the
Department of Public Works an interim as-built, certified by a professional engineer,
verifying that all utilities have been installed in accordance with the plans and profile
sheet.
8) Prior to a Certificate of Occupancy being requested for an individual lot, the
following shall be required:
a) All necessary permits and approvals for the lot in question shall be obtained fiom the
North Andover Board of Health and Conservation Commission,
b) Permanent house numbers must be posted on dwellings and be visible from the road.
c) 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 owner's expense if such
driveway is at a catch basin or stone bound position.
d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be
graded and staked at a minimum
9) Prior to the final release of security retained for the site by the Town, the
following shall be completed by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning
Department for review and approval and also in the electronic format requested by
and compatible with DPW's computer system.
b) The applicant shall petition Town Meeting for public acceptance of the street. Prior
to submitting; a warrant for such petition the applicant shall review the subdivision
and all remaining work with the Town Planner and Department of Public Works.
The Planning Board shall hold a. portion- of the subdivision bond for continued
maintenance and operations until such time as Town Meeting has accepted (or
rejected in favor of private ownership) the roadways. It shall be the developer's
responsibility to insure that all proper easements have been recorded at the Registry
of Deeds.
10) The Applicant 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.
11) The Town Planner will review any signs utilized for this project. The applicant must
obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board
5
I ' • , , • III
shall approve any entrance structures. The applicant must remove any lighting used.
for the entrance signs prior to acceptance of the subdivision.
12) The applicant shall adhere to the following requirements of the Fire Department:
a) Underground fuel storage will be allowed in conformance with the Town Bylaws
and State Statute and only with the review and approval of the Fire Department and
Conservation Commission.
13) There shall be no burying or dumping of construction material on site.
14) The location of any stump dumps on site must be pre-approved by the Planning
Board.
15) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
16) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the
respective utility companies.
17) 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.
18) The-utilities must be. installed and the streets or ways constructed to binder coat within
two years from this approval, December 17, 2004. 1f the utilities are not installed, the streets
or ways are not constructed to binder coat and the Planning Board has not granted an
extension by the above referenced date, this definitive subdivision approval will be deemed
to have lapsed.
19) The following waivers from the Rules and Regulations Governing the Subdivision of
Land, North Andover, Massachusetts,'revised October 2001, have been GRANTED by the
Planning Board since it has been determined such action is in the public interest and is not
inconsistent with the State Subdivision Control Law. Additionally these waivers for the
proposed street are being granted so as to minimize the grading and earthwork required to
complete the construction of the proposed street as the project is located within the
Watershed Protection District:
a) 6.8.1 Minimum ROW Width—the proposed ROW width is 40 feet where 50
is required.
b) 6.8.1 Minimum Pavement Width—the proposed pavement width is 22 feet
where 26 is required.
c) 6.8.1 Minimum Centerline Curve Radius—the minimum radius proposed is
150 feet on the main road and 82.5 feet on the loop road where 225 feet is
6
required.
d) 6.8.1 Minimum Tangent Length Between Curves—the proposed length of
tangent between curves varies fi•om 0 to 100 feet where 150 feet is
required.
e) 6.8.1 Vertical Curve: K Value--Crest—the proposed K values for Carter
Farm Road that do not meet the required 40 K value are:
(Sheet 12)
Station 2+50
Station 4+50
Station 10 + 00
(Sheet 13)
Station 4 + 75
Station 14 + 00
f) 6.8.9 Intersection Grade--proposed grade of Carter Farm Road with
Bradford Street is 4% where 3% minimum is allowed.
20) This Definitive Subdivision Plan approval is based upon the following information
which is incorporated into this decision by reference:
a) Plan titled: Definitive Subdivision Plans for Carter Farm Subdivision
Bradford Street
North Andover,Massachusetts 01845
Dated: August 9,2002, last revised November 4, 2002
Applicant: Tara Leigh Development,LLC
Civil Engineer: MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Sheets: 1 —24
Scale: Varies per drawing
Landscape Architect: Huntress Associates,Inc.
Landscape Architecture&Land Planning
17 Tewksbury Street
Andover,MA 01810
b) Plan titled: Special Permit and Definitive Subdivision Plan
Density Proof Plan
Carter Farm Subdivision
North Andover, Massachusetts 01845
Dated: August 9,2002, last revised September 24, 2002
Applicant: Tara Leigh Development,LLC
Civil Engineer: MFIF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
7
Sheets: 4
Scale: 1"= 120'
c) Report titled: Stormwater Management Drainage Calculations&Best
Management Practices, MHF Project#110900
Carter Farm Subdivision j
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Dated: August 2, 2002, last revised November 5,2002
d) Report titled: Traffic Impact&Access Study
Proposed Residential and Recreational Development Project
North Andover, MA
Prepared by: Dermot.I. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading,MA 01864-1300
Dated: August 2002
20. The Town Planner shall approve any insubstantial change to the above-referenced
plans and reports. Any changes deemed substantial by the Town Planner shall be presented
to the Planning Board for-its determination of whether such changes would merit a public
hearing or meeting, and/or formal modification of this decision.
8