HomeMy WebLinkAbout1994-02-01 Appliocation for Approval of Definitive Plan DEF SUB PRD FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE, PLAN
NovPmhpr 10 _�.� lq �a'3
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81—L, for approval of a proposed subdivision shown on a plan entitled
Definitive & Special Permit PLan Foxwood in North Andover MA
by Merrimack Engineering ServiQQs , Inc. dated
being land bounded as follows: East by Commonwealth of Massachusetts
South by Molley Towne Road, West by various owners , North by Salem
Street, and land of various owners .
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 18 8 2 , Page 131 ; or
Certificate of Title No. Registration Book , page ; or
Other:
Said plan has( ) has not(X) evolved from a preliminary plan submitted to
the Board of lq 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 lags of said Town,
as are applicable to the installation of utilities within the limits of
ways and streeto;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, 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, administrators,
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 f2)
years from the date hereof.
Received by Town Clerk:
Date: Signature of Applicant'
Time: 733 Turnpike Street
Signature: North Andover, MA 01845
Address
Foxwood
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the 49 lot Definitive '
Subdivision, known as Foxwood, upon the application of Summer
Street Realty Trust, 733 Turnpike Street, North Andover, MA
01845, dated November 15, 1993 . The area affected contains
approximately 65 acres in a Residential- 2 Zone off of Salem
Street. The Planning Board makes the following findings as
required by the Rules and Regulations Governing the Subdivision
of Land:
A. The Definitive Plan, dated December 9, 1993 include 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 as noted 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.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the following
conditions are complied with:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
a A no-cut line that follows the grading line behind each
lot must be placed on the plans.
b: The stone wall along the curve of the roadway adjacent
to Lots six (6) and seven (7) must be added to the
plan.
The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board' s
decision.
(�d.�f A detailed construction schedule must be submitted as
part of the plans. A detailed build-out time line must
also be submitted. Both must be in accordance with the
Phasing Plan contained in the Erosion and Siltation
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Control Program dated December 23, 1993 .
e,l A covenant (FORM I) securing all lots within the
L/ subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
security as requested in Condition 3 (g) .
f Right of way dedication easements for the proposed
roadway shall be prepared at the applicant' s expense
and provided to the Planning Office.
,g ' The applicant must submit to the Town Planner a FORM M
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.
1h,. All 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 (d) .
t, . All application fees must be paid in full and verified
by the Town Planner.
=j A detailed street tree planting list shall be prepared
listing specific material to be used. 'This list shall
indicate quantity and size of all proposed material .
k. The Special Permit and Subdivision Decision for this
project must appear on the mylars.
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:
is The record plans must be endorsed by the Planning Board
and recorded by PP the applicant at the Essex North
Registry of Deeds.
b. All erosion control must be in place as outlined in the
Erosion and Siltation Control Program dated December
23 , 1993 .
c. A sewer extension permit must be obtained from the
Division of Water Pollution Control of the
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Massachusetts Department of Environmental Protection.
3. Prior to any lots being released from the statutory covenants:
a. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission Order of Condition 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.
b. Plans, specifications, and shop drawings of a water
booster pumping station for the subdivision must be
submitted to the Division of Public Works and the
Massachusetts Department of Environmental Protection
for review and approval . The submittals must also be
reviewed by the consulting engineer for the Division of
Public Works at the developer's expense.
cad The developer must tie into the existing Town of North
Andover municipal sewer system. If the developer is
unable to tie into the North Andover municipal sewer
system, the Planning Board reserves the right to vote
to modify or rescind the subdivision approval .
d. Lots will be released incrementally as site work is
completed per the Phasing Plan contained in the Erosion
and Siltation Control Program dated December 23, 1993 :
Prior to any lot release, Phase 1A must be
complete.
ii. Prior to any release of any lot in Phase 2, site
work must be complete in Phases 1A, 1B, and 2A.
iii. Prior to release of any lot in Phase 3 , site work
must be complete in Phases 1A, 1B, 2A, 2B, and 3A.
e. Lots included for release in each phase area are as
follows:
Phase 1 - Lots 1, 2 , 49, 48, 47
Phase 2 - Lots 3 , 4, 5, �'I• 7, 8 , §'I'` 10, 11, 12,
13, 14 , 15, 16 , 17 , 18, 40, 41, 42 , 43 , 44, 45, 46{,-
iii. Phase 3 - Lots 19, 20, 21, 22 , 23 , 24 , 25, 26, 27,
28, 29 , 30, 31, 32, 33 , 34, 35, 36, 37 , 38, 39
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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. Prior to releasing lots the Planning Board must make a
finding that the Phasing Plan within the Erosion and
Siltation Control Program and the Erosion and Siltation
Control Program are being adhered to and that any
unforseen circumstances have been adequately addressed.
h. The applicant must submit a lot release FORM J to the
Planning Board for signature.
i. 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. Stems covered by the Bond may
include, but shall not be limited to:
i. as-built drawings
ii. sewers and utilities
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
j . All proper documents and easements required through
Condition 1 shall be in place.
k. Three (3) complete copies of plans and two (2) copies
of all documents containing registry of deeds stamps
must be submitted to the Town Planner as proof of
filing.
4 . Prior to a FORM U verification for an individual lot, the
following .information is required by the Planning
Department:
a. The Planning Board must by a majority vote make a
finding that the Phasing Plan in the Erosion and
Siltation Control Program and the Erosion and Siltation
Control Program are being adhered to and that any
unforseen circumstances have been adequately addressed.
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b. The applicant must submit to the Town Planner proof
that the FORM M referred to in Condition 1 (g) above,
was filed with the Registry of Deeds office.
C. 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,
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 boning setbacks,
viii. location of any drainage, utility and other
easements.
d. 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.
e. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. 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.
g. Lot numbers, visible from the roadways must be posted
on all lots.
5. Prior to a Certificate of Occupancy being requested for an
individual lot, the following shall be required:
a. The Planning Board must by majority vote make a finding
that the Phasing Plan in the Erosion and Siltation
Control Program and the Erosion and Siltation Control
Program are being adhered to and that any unforseen
circumstances have been adequately addressed. Upon
making such finding, the Planning Board, by majority
vote , will direct the Planning Staff to verify
additional Certificates of Occupancy.
b Prior to an occupancy permit for any lot uphill of Lot
5, the stone wall must be constructed along the roadway
as shown on the plans.
c. The roadway must be constructed to at least binder coat
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of pavement to properly access the lot in question.
Prior, to construction of the binder coat, the applicant
shall ensure that all required inspection and testing
of water, sewer, and drainage facilities has been
completed. The applicant must submit to thq Town
Planner an interim as-built, certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the plans and
profile sheet.
d. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation commission.
e. Permanent house numbers must be posted on dwellings and
be visible from the road.
f. 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.
g. All lots must be raked, foamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
h. 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.
i. 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.
6 . 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. The Open Space ..Parcel must be transferred to either the
State or the Town.
C. The detention pond adjacent to Molly Town Road must be
loamed 'and seeded.
d. An as-built plan and profile of the site shall be
submitted for review and approval .
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e. 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.
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.
g. Two to two and one half inch caliper (2-2 . 511) street
trees are to be placed every fifty (501 ) feet along
both sides of all new roadways.
h. Sidewalks are to be constructed along one side of the
roadway.
7 . The applicant agrees to the following as per an agreement
with the Department of Environmental Management:
a. The applicant must create a series of small shallow
detention basins along the swale system proposed to
traverse the southeastern quadrant of the parcel .
These basins will be approximately 15 to 20 feet in
radius and will serve to detain some runoff during
small events and act as a velocity suppressor during
heavier events so that the detention pond will have a
greater functional capacity and reduce the velocity of
the discharge into the adjacent wetland area.
b. The applicant must access along Molly Town Road to
create these basins and the detention pond and improve
the existingcondition of the road b
y grading and
smoothing out the surface.
8 . A sewer service connection from the sewer main to the
property line must be provided for each house and lot along
the route of the off site sanitary sewer.
9 . The sewer extension for the subdivision will be subject to
the policies of the Division of Public Works regarding the
mitigation of groundwater infiltration into the existing
sewers.
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10. 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
shall approve any entrance ...structures. Any lighting used ti
for the entrance sighs must.. .be removed prior to acceptance( ,
of the subdivision by the Town.
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11. 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.
b. 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.
12 . There shall be no burying or dumping of construction
material on site.
13 . The location of any stump dumps on site must be pre-approved
by the Planning Board.
14 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
15. Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
16. 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.
17 . The following waivers have been granted by the Planning
Board:
Section 7 (A) (1.) (h) Centerline radii greater than 150 feet
(Centerline radii of 100 feet approved) .
Section 7 (A) (3) (d) Road grade greater than 6 percent
waived. Grade of 8 percent maximum approved.
Section 7 (A) (4) (a) Dead end street in excess of 600 feet
(length of road to top loop is 2100
feet. )
Section 7 (A) (2) (a) Residential Street Right of Way waived
from 50 feet to forty feet.
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These waivers have been granted in an effort to minimize the
amount of cutting and filling required on the slope of the
hill thereby decreasing the amount of erosion and siltation
on site.
18 . This Definitive Subdivision approval is based upon a Special
Permit granted in accordance with Section 4 . 125, 10. 3 and
10. 31 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals are both based upon the
following information:
1. Booklet entitled: Foxwood at North Andover
Salem and Summer Streets
Developer: Summer Street Realty Trust -
Thomas D. Laudani
Site Engineer: Merrimack Engineering Services
Architect: Miquelle - MZO Group
Dated: November 30, 1993
2 . Erosion and Siltation Control Program
Foxwood, North Andover, Massachusetts 01845
December 23 , 1993
Prepared for: Summer Street Realty Trust
P.O. Box 6700
North Andover, Massachusetts 01845
Prepared By: Wetlands Preservation, Inc.
569 North Street
Georgetown, Massachusetts 01833
3 . Hydrologic Impacts on Wetland Resource Areas
Foxwood Subdivision
North Andover, Massachusetts 01845
January 4 , 1994
Prepared for: Summer Street Realty Trust
733 Turnpike Street, Suite 209
North Andover, Massachusetts 10845
Prepared By: Wetlands Preservation, Inc,
569 North Street
Georgetown, Massachusetts 01833
4 . Drainage Analysis for Foxwood
in North Andover, Massachusetts
Prepared for: Summer Street Realty Trust
733 Turnpike Street, Suite 209
North Andover, Massachusetts 10845
Prepared by: Merrimack Engineering Services, Inc.
66 Park Street
Andover, Massachusetts 01810
November 1993
5. Development Summary - Foxwood
North Andover, Massachusetts
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A
Merrimack Engineering Services, Inc.
66 Park Street
Andover, MA 01810
6. Plans entitled: Definitive and Special Permit Plan
Foxwood in
North Andover, Mass.
Owned & Developed by: Summer Street Realty Trust 1
733 Turnpike Street - Suite 209
North Andover, MA 01845
Scale: as noted
Dated: May 1993 , rev. 12-9--93
Prepared by: Merrimack Engineering Services,
Inc.
66 Park Street
Andover, Massachusetts 01810
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File j
Foxwood.Sub
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