HomeMy WebLinkAbout1993-07-28 MODIFiCATION DEF SUB Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
Cobblestone Crossing
By; Env�eers .. � dated 12/3/92 Revised: , 19
3/26/93 & 5/3/93
The North Andover Planning Board has voted to APPROVE said plan.* subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security'for the con—
struction of ways and the installation of municipal services within said sub-
di--'.sion, all as provided by G.L. c. 41, S. 81—U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this.Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
SEE ATTACHED
L i
Q
In the event that no appeal shall have been taken from said approval with#
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH
Date: Julv 28,• 1993 By:
Richard Nardella, Chairman
FORM C
Modif anon
APPLICATION FOR 4F DEFINITIVE PLAN
7--/Z r 19
To the Planning Board of the Town of North Andover:
The undersigned+ being the applicant as defined under Chapter 419 Section
81-L, for a proval of a proposed subdivision shown on a plan entitled
by dated . /.? - 3 -'.7 �-v -��
being land bounded as follows: <<+c��Ri.r� v o— L"41%
AVe2 : /�o��.. o v-r6,,ad S'i, LltTi /jive �'�Ct ( '�/fi�. 'J4 C.✓,
Q4A4r- 0! .17 16'A4hy er v
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. �. 7-/43
Title Reference: North Essex Deeds, Book — t Page ; or .7, .,- .� 4r
Certificate of Title No. �, Registration Book_ , paga ; or
Other:
Said plan has( ) has not(+>"evolved from a preliminary plan submitted to
the Board of 19 and approved (Frith modifications) ( )
disapproved ( T on , 19 •
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 coning by--lays of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
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 (2)
years from the date hereof.
Received by Town Clerk:
Signature of Applicant
Date t �-
Time:
Signature: Address
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Cobblestone Crossing
Definitive Subdivision - Modification
Conditional Approval
The Planning Board herein approves the modification to the 17 lot
Definitive Subdivision approved by the Planning Board on May 12 ,
1993 . This Modification is requested by Cobblestone Realty Trust,
733 Turnpike Street, North Andover, MA, dated July 12 , 1993 .
This modification approves the realignment of Cobblestone Circle
so that it is directly across from Phillips Common.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plans, dated July 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.
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. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board' s
decision.
b. A covenant (Form 1) securing lots 2A, 15A, and 16A must
be submitted to the Planning Board and recorded for the
construction of ways and municipal services within the
subdivision. Said lots may be released from the
covenant upon the posting of security as requested in
Condition 3 (c) of the Definitive Subdivision Approval
dated
A Covenant is not required for Lot IA as the model home
will be constructed on that lot and the Board is
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holding a $5, 000 bond for its completion.
A Lot .Release Form (FORM J) will be signed by the Board
for Lots 2 , 15 , and 16 upon the acceptance of the
Covenants for lots 2A, 15A, and 16A.
C. 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.
d. All conditions listed herein which shall require action
by the applicant after endorsement, shall be placed on
the final sheet of the Record Plans which will be
presented for endorsement by the Planning Board.
e. The final packet of plans to be submitted to the
Planning Board must include the following revised
sheets:
Sheet 5 Topographic & Roadway Plan
Sheet 6 Topographic & Roadway Plan
Sheet 7 Topographic & Drainage Profiles
The revisions should include the location of each home
and driveway. The driveway to Lot 1A must be at least
100 feet from Massachusetts Avenue.
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:
The record plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry of
Deeds. Copies of the recorded Plan must delivered to the
Planning Office.
3 . This Definitive Subdivision Modification approval includes
the following documents :
a. Definitive Subdivision Approval dated May 12 , 1993 .
b. Special Permit granted May 12 , 1993 .
C. Plans entitled: Cobblestone Crossing
A Residential Single Family
Dwelling Development in North
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Andover
Dated: December 3 , 1992, revised March 25,
1993 , revised May 3 , 1993
Prepared For: White Birch Construction Co. , Inc.
380 Essex Street
Lawrence, MA 01841
Prepared By: Environeers, Inc.
160 Pleasant Street
North Andover, MA 01845
d. Plans entitled: Planting Plan
Cobblestone Crossing at North
Andover, MA
Prepared by: Miquelle, MZO Group
e. Plans entitled: Revised Definitive Plan
Cobblestone Crossing
in North Andover, Mass.
Drawn for: Cobblestone Crossing Realty Trust
733 Turnpike Street
North Andover, Mass.
Scale: 1"-40 '
Dated: July 1993
Prepared by: Merrimack Engineering services
66 Park Street
Andover, MA 01810
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Cobble. SubdMod
3
Cobblestone Crossing
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the 1.7 lot Definitive
Subdivision requested by White Birch Construction, Inc. , dated
December 30, 1992 . The Planning Board makes the following
findings as required by the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plans, dated December 3 , 1992, rev. March 26,
1993 , rev. May 3 , 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.
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. The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board' s
decision.
b. A detailed construction schedule must be submitted as
part of the plans.
C. A covenant (Form I) securing all lots within the
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 (c) .
d. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant' s expense
and provided to the Planning Office.
e. The applicant must submit to the Town Planner a FORM M
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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.
f. 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 (b) .
g. All conditions listed herein which shall require action
by the applicant after endorsement, shall be placed on
the final sheet of the Record Plans which will be
presented for endorsement by the Planning Board.
h. All application fees must be paid in full and verified
by the Town Planner.
i. 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.
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:
The record plans must be endorsed by the Planning Board and
recorded by the applicant at the Essex North Registry of
Deeds.
3. Prior to any lots being released from the statutory covenants:
a. 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 judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
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, 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 . Items
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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
d. All proper documents and easements required through
Condition 1 shall be in place.
4 . Prior to a FORM U verification (Building Permit Issuance)
for an individual lot, the following information is required
by the Planning Department:
a. The applicant must submit to the Town Planner proof
that the FORM M referred to in Condition 1 (e) above,
was filed with the Registry of Deeds office.
b. 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.
C. A plot plan for the lot in question must be submitted,
which shows all of the following:
i. location of the structure,
ii. location of the driveways,
iii. 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, and
vii. all required zoning setbacks.
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 to
show the location of any major departures from the
record plan. The Town Planner shall verify this
information . The proposed layout shall be in
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conformance with the recorded plans.
g. Lot numbers, visible from the roadways must be posted
on all lots.
5. Prior to a Certificate of Occupancy being issued for an
individual lot, the following shall be required:
i
a. 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 ensure that all required inspection and testing
of water, sewer, and drainage facilities has been 1
completed. The applicant must submit to the 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.
b. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question shall be properly
stabilized, as judged by the Planning Staff.
e. 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.
f. The Planning Board reserves the right to review the
site after construction is complete and require added
site screening as 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. An as-built plan and profile of the site shall be
submitted for review and approval .
b. The applicant shall petition Town Meeting for public
acceptance of the streets. Prior to submitting a
warrant for such petition the applicant shall review
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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.
C. The Town Planner shall ensure that all planning,
conservation commission, board of health and department
of public works requirements are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
d. Monuments shall be set on the exterior street line as
required by Section 7 (P) of the Subdivision Rules and
Regulations.
7 . 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.
8 . 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 will
review any entrance structures.
9 . 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.
10 . The applicant must comply with the Phased Development Bylaw,
Section 4 . 2 of the Town of North Andover Zoning Bylaw.
11. There shall be no burying or dumping of construction
material on site.
1.2 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
14 . Any action by a Town Board, Commission, or Department which
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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.
15. The following waivers have been granted by the Planning
Board;
a. Length of Roadway ending in cul de sac is 800 feet.
This is a waiver from the 500 foot maximum stated in
Section 7 (A) (4) of the Rules and Regulations Governing
the Subdivision of Land. The Planning Board granted
this waiver to prevent looping the roadway out onto
Chickering Road/Route 125 as that road is heavily
travelled.
b. Side yard setbacks for lots 2 , 5, 9, and 11. The homes
on these lots will have less than the required 20 ' side
yard setback. Up to zero setbacks are allowed unde
the PRD as long as the adjacent lots have the required
side yard setbacks.
16. 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 plans:
a. Plans entitled: Cobblestone Crossing
A Residential Si g1-e Y ily
Dwelling Development in North
Andover
Dated; December 3 , 1992 , revised March 25,
1993 , revi d May 3, 1993
Prepared For: White Birci Construction Co. Inc.
380 Essex Street
Lawrence, MA*•.. 01841
Prepared By: Environeers, Inc Y
160 Pleasant Street
North Andover, MA 01845
b. Plans entitled: Planting Plan
Cobblestone Crossing at North
Andover, MA
Prepared by: Miquelle, MZO Group
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
6
Fire Chief
Assessor
Applicant
Engineer
File
Cobblestone.Subd
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