HomeMy WebLinkAbout1994-08-02 Decision DEF SUB NoUCe to APYLJUAN'Y �N CLERK and Certification of irion oL' Ylanrusig ward
� , •• gin. Definitive Subdi.v1, n Plan entitled: DEFINITIVE 'JBDIVISION. OF
BEECHW0oD MILL
By. Christiansen & Sergi , Inc , dated May. Z7'
The North Andover Planning Board has voted to APPROVE said plant 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-
divisions all as provided by G.L. c. .411 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 shorn on said Plan without the prior
consent of said Board of Health.
4. 'Other .conditions: -„1!s i,to c;ortity 9�at�wenr�,�i days
l,•;,�e':afsediro aatao�dac;slonSited G;
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In the event that no appeal shall have been taken from said approval within
twenty days from this date! the North'Andover Planning Board will forthwith
thereafter endorse its formal approval, upon said plan.
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`� .. NORTH ANDOYER PLANNING BO
Date: August 2, 1994 By: Richard A. Nardella, Ch O'airman
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US Is to uart!fy thr?t"h �^ .,
have eEatCsed tram�. ;FOR APPROVAL OF D INITNE PL' E R E C c i,,E;L!
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Joyce A uc_:....: R 7., c_!V 3.!� 9 4
Town Clerk
To the Planning Board of the Toi.rn of Ko LWid4ver: MAI Z6 11 53
The undersigned, being the applicant cant as defined raider Chapter /+I# Section
81—L, for approval of a proposed subdivision shown on a plan entitled
Definitive Subdivision Plan of Beechwood Hill
by Christiansen & Sergi , Inc , dated. ` M'Yw27 1.9Q4
being land bounded as follows: westerly by Osgood St . , northerly by land of
Alco Electronics Products , Inc .. and ' la.nd of Barker , easterly by [Jhit;e . Birc
Constr;_, southerly by land of Barker; Arlit , and Barker Street Trust .
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 1133 � Page 279.
; 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 , 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 Boardts
: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 Towxr,
as are applicable to the insta'�?ation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or Kays 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 plane profiles, cross sections and construction
specifications are .specifieallg, by re.�erenee, incorporated herein and made
apart 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:
-Date: SiUia e of Applicant
V
Time:.
Signature: St
1755 Osgood North Andover ,, MA
,
Address
I 1
Beechwood Hill
Definitive Subdivision conditional Approval
The Planning Board herein approves the 3 lot Definitive
Subdivision, known as Beechwood Hill, upon the application of
Alfred F. Contarino, 1755 Osgood Street, North Andover, MA
01845 , dated May 26, 1994 . The area affected contains
approximately 11.46 acres with 10. 54 acres in the Industrial - I
zone and .92 acres in a Residential- 2 Zone off of Osgood
Street/Rt 125.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated May 27, 1994 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 as specifically waived by this decision.
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. The contiguous buildable area for all lots must be
shown on the plan.
c. The proposed roadway contours and transition grading to
adjacent areas and driveways should be shown on the
plan.
d. A detailed construction schedule must be submitted as
part of the plans.
e. A covenant (FORM I) securing Lots 1 and 2 within the
subdivision for the construction of ways and municipal
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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 (d) .
f. The applicant shall post a Site Opening Bond in the
amount of $10, 000 (ten thousand dollars) to be held by
the Town of North Andover. The Bond shall be in the
form of a check made payable to the Town of North
Andover. This amount shall cover any contingencies
that might affect the public welfare such as site-
opening, clearing, erosion control and performance of
any other condition contained herein, prior to the
posting of the Performance Guarantee as described in
Condition 3 (d) . This Bond may at the discretion of the
Planning Board be rolled over in full, or partially
retained in accordance with the recommendation of the
Planning Staff as directed by the vote of the North
Andover Planning Board.
g. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office.
h. 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.
i. 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) .
j . All application fees must be paid in full and verified
by the Town Planner.
k. 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:
a. A police detail must be provided if determined
necessary by the Planning Board. This detail is to be
paid for by the applicant.
b. The record plans must be endorsed by the Planning Board
and recorded by the applicant at the Essex North
Registry of Deeds.
C. Three (3) complete copies of the recorded plans and two
(2) copies of the following recorded documents must be
submitted to the Planning Office: Subdivision Approval,
FORM I Covenant, FORM M Utility Easement, Roadway
f' Easement.
d. All erosion control must be in place and reviewed by
the Town Planner.
e. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission Order of Conditions if any, must be on file
at the Division of Public Works prior to issuance of
permits for connections to utilities.
3. Prior to any lots being released from the statutory covenants:
a. Site Plan Review Approval for the individual lots must
be obtained.
b. 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.
C. The applicant must submit a lot release FORM J to the
Planning Board for signature.
d. 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. 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
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4 . Prior to a FORM U verification for an individual lot, the
following information is required by the Planning
Department:
a. The approved Site Plan for the lot must be submitted.
b. 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.
C. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lames
during construction.
d. 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.
e. 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 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
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 numbers must be posted on dwellings and be
visible from the road.
d. 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.
e. All lots must be raked, loamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
f. 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
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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.
g. 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. An as-built plan and profile of the roadway shall be
submitted for review and approval .
C. The applicant shall petition Town Meeting for public
acceptance of the street. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivision and all remaining work with the
Town Planner and ❑epartment 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.
d. 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.
7 . The applicant shall adhere to the following requirements of
the Division of Public Works:
a. The proposed road grade will require installation of
sloped granite curb.
b. The existing parking adjacent to the proposed road must
be eliminated.
C. The proposed road must meet the town Specifications for
width and cross-section.
d. The grade of the road at the cul-de-sac should be
reduced to provide a more level turning area.
e. The existing drainage must meet the specifications of
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the DPW and/or be inspected and approved for use as a
public drainage.
f. The post-development peak rate of runoff for the 2, 10,
and 100 year storms must not be greater than pre-
development rates.
g. There is not an existing water main on Beechwood Drive.
the proposed water main should be an 8 inch pipe which
f connects to the existing 12 inch pipe in Osgood Street.
The main should also be looped by extending the 8 inch
pipe from Beechwood Drive to the hydrant shown in the
40 foot wide water easement.
8. The subdivision construction and installation shall in all
respects conform to the rules and regulations and
specifications of the Division of Public Works.
9 . 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
for entrance signs must be removed prior to acceptance of
the subdivision by the Town.
10. 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.
11. There shall be no burying or dumping of construction
material on site.
12 . The location of any stump dumps on site must be pre-approved
by the Planning Board.
13 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
14 . Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies.
15. 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.
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16. The following waivers from the Rules and Regulations
Governing the Subdivision of Land, North Andover,
Massachusetts, Revised February, 1989 have been granted by
the Planning Board:
Section 7 (A) (3) : Grades greater than 6% shall be allowed
upon receiving a recommendation from the Division of Public
Works (DPW) regarding the advisability of increasing the
grade allowed due to extensive cutting and filling,
maintenance, expected level of traffic and public safety
considerations.
Due to the topography, site distance, and vertical alignment
of the intersection at Osgood Street, the DPW recommends a
waiver from this regulation.
17 . The Definitive Subdivision approval is based upon the
following information:
Plan entitled: Definitive Subdivision Plan of Beechwood Hill in
North Andover, MA
Record Owner
& Applicant: Alfred & Jean Contarino
1755 Osgood Street
North Andover, MA
Prepared by: Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Dated: May 27, 1994
Scale: As noted
Sheets: 3
Supplemental Information for the Definitive Subdivision Plan of
Beechwood Hill in North Andover. Dated: May 27, 1994. record
Owner & Applicant: Alfred & Jean Contarino, 1755 Osgood Street,
North Andover, MA. Prepared by: Christiansen & Sergi, 160 Summer
Street, Haverhill, MA 01830.
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Beechwood.sub
KAREN H.P. NELSON 'g TOWII of 120 Main Street, 01845
Director
�`•a;:;:;::•-Rq
(�o�� s�z s4ss
BUILDING NORTH ANDOVER
CONSERVATION @s"cr"�£j DIVISION OF
PLANS HEALTH
PLANNING & COMMUNITY DEVELOPMENT
Memorandum
To: Bill Hmurciak
From: Kathleen Bradley Colwell kZL
Date: July 13 , 1994
Re: Beechwood Hill Subdivision
Attached is a copy of the Planning Board' s previous denial of
this subdivision. Could you please review the reasons for denial
and comment on whether or not the new submittal addresses those
issues. The Board will be taking a site visit on Monday July 18
at 7 : 00 pm and will be continuing discussions at the July 19
meeting. Thanks for your help on this.
CC. R. Nardella
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Notice to APPLICANT/TOWN CLERK and Certification Of Action of. Plarming,Boardrti,Y f;R
on Definitive Subdivision Plan enti�ledt�' . i
Definitive Subdivision glaig nt TA ra �
Dy: Christiansen & dated October 24, .....► 19 90
d v l t e
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in the event that no appeal shall have bean from said approval will within
twenty days from this dater the North Andover Planning
thereafter endorse its formal approval upon said plan•
The North Andover Planning Board has DISAP =- said planr for the following
reasons: ,
NORTH PLAM W BOARD
a?.A,4 � 0
George D. Pe.rna '�ha.'rman_
Date: July 1, 1991 Ely: r.�+.Lr�'— " ^.,._.. --
Y,
BEECHWOOD HILL, DEFINITIVE SUBDIVISION
Route 125, Osgood Street
OWNER/APPLICANT
ALFRED F. CONTARINO
1755 Osgood Street
North Andover, MA 01845
The Planning Board hereby denies the application for
Definitive Subdivision as submitted by Mr. Alfred F. Contarino.
Although the Board feels that this property is the proper
location for industrial development, the plans for construction
of the proposed roadway do not meet the standards for
construction of a public way as lasted in the Planning Board's
Rules and Regulations Governing the Subdivision of Land.
The specific reasons for which the Planning Board denies
this application are as follows:
1. The proposed roadway is not designed to town specifications
for width grade and cross section. The applicant has not
provided test holes in the areas where the existing roadway
is to remain in place. If gravel and pavement are inadequate
in those areas the roadway would have to be removed and
replaced to the proper standards.
2 . The proper leveling area has not been provided at the
intersection of Beechwood drive and Osgood Street.
3 . The grade of the proposed roadway exceeds 6%, the maximum
allowed by the Planning Boards Rules and Regulations
Governing the Subdivision of Land.
4 . The Planning Board does not feel that adequate sight
distance exists between station 0+0 and 2+50 .
5 . The proposed plans provide for parking on the roadway and
perpendicular parking adjacent to the proposed roadway which
is not allowed through the Planning Board Rules and
Regulations Governing the Subdivision of Land.
6. All drain pipes have not been designed in accordance the
town standards. (minimum of twelve inches (1211) in diameter
and shall be constructed of reinforced concrete. )
7 . The water main on Beechwood Drive is not designed to connect
to the 12" water main on Osgood Street. Further the water
main must be 8" c. L. D. I. pipe.
8 . Gate valves have not been shown at the proposed connection
to the existing 6" water main, and beyond the proposed
hydrant at the end of the cul-de-sac.
9 . The post development rates of runoff for the 2 , 10 and 100
year storm are greater than the pre-development rates.
10 . The applicant has not responded to concerns of the
Massachusetts Department of Public Works as stated in a
letter from District Highway Engineer, David J. Wilson Dated
March 15, 1991. Those concerns are as follows:
A. No mention is made as to whether the proposed
buildings could trigger a filing of an
Environmental Notification Form. MDPW must receive
documentation on what the applicant plans to
construct on the five (5) lots.
B. MDPW has requested that the applicants Consultant
submit a traffic analysis for this proposal.. This
should include trip generations using the standards
set forth in the fourth edition.
C. MDPW is planning to install new traffic control
signals at the access points to western Electric.
These signals should be plotted on your proposal.
D. All proposed dwellings and. drainage structures be
incorporated into your next submittal .
11. The applicant has made not made sufficient effort to respond
to the concerns of the Planning Board with regard to
providing an adequate conservation/open space buffer between
the proposed development and the residential property
located to the rear of the site along Bradford Street.
The applicant has requested the following waivers from the
Planning Board Rules and Regulations Governing the Subdivision of
land:
I. Section 7 A.3 . (a. )
"Grades of streets Shall not be less than one percent (1%)
nor more than six percent (6%) . "
2. Section 7 A.3 . (b) .
"Where the grade at any street at the approach to an
intersection exceeds four percent (0) , a leveling area
shall be provided having not greater than two percent (2%)
grade for a distance of fifty (50) feet. Measured from the
nearest exterior line of the intersecting street. "
3 . Section 7 B.4.
. . . "The center line of such roadway shall coincide with the
center line of the exterior street lines unless a deviation
is specifically authorized by the Division of Public Works.
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4. Section 7 B.7.
"All roadways with slopes in excess of five percent (5%)
shall provide sloped granite curbs in compliance with DPW
standards. "
5. Section 7 N.12.
"All drain pipe shall be a minimum of twelve (12) inches. . .
All drainage pipes shall be reinforced concrete. . .
The Planning Board feels that granting of these waivers
would not be in the public interest and is inconsistent with the
Subdivision Control Law. Therefore, the Planning Board denies
these requested waivers.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fare Chief
Applicant
Engineer
File