HomeMy WebLinkAbout1986-11-17 Application for Approval of Definitive Plan - DENIED L �
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
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Novembe t,.`jt;� 9llgr
To the Planning Board of the Torn of North Andovers
The undersigned$ being the applicant as defined under Chapter 419 Section
81—L$ for approval of a proposed subdivision shown on a plan entitled
Subdivision Plan, Wagon Wheel Estates
by dated November, 1986
being land bounded as follows; Westerly by Teoma Estates and land of Abel,
Northerly by land of the Commonwealth of Massachusetts, Easterly by land of
Abseb Realty, Southerly by land of the Commonwealth of Massachusetts.
hereby submits said plan as a DEFINITIVE plan in accordance t the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title References North Essex Deeds$ Book 1148 $ Page 198 ; or
Certificate of Title No. , Registration Book,$ page ; or
Other:
Said plan has( ) has not( ) evolved from a preliminary plan submitted to
the Board of March 20 19 86 and approved (with modifications) ( )
disapproved ( x)on �June 17 _ $ 19 86
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 Torn of North Andover, upon approval of said DEFINITIVE plan by the
Boards
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—laws of said Town$
as are applicable to the installation of utilities within the limits of
Trays 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 plant 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 Clerks
a 0-
Dates S gnature of Applicant � ,
77 Colonial Road J (carp"
Time:
Signatures Lawrence A y�' tic �4, 1�c•'�
AddressG2�3G� � .�
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Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
By: dated ' 19
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-
division,, all as provided by G.L. c. 41t 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:
In the event that no appeal shall have been taken from said approval, within
twenty days 'from this dater 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:
FORTH ANAOM PLANNIM BOARD
By:Date: ,
� I
T
FORM D
DESIGNEW S CERTIFICATE
November 17 ,19 86
To The Planning Board of the Town of North Andover :
In preparing the plan entitled
Wagon Wheel. Estates
I hereby certi"fiy that the above named plan and accompanying
data is true and correct to the accuracy required by the
current Rules and Regulations Governing the Subdivision of
Land in North Andover, Massachusetts, and my source of
information about the location of boundaries shown on said
plan were one or more of the following :
1 . Deed from
Stella A. Brown t O Edwin �. Brotan
dated6/27/6�_and recorded in the,
Essex North Registry in Book 1148 , page :98
2. Other plans, as follows
3 . Oral information furnished by
4. Actual measurement on the ground from a starting point
established by Merrimack Engineering Services on 'Teoma
i Estates Subdivision
5. Other sources
Signed
(Regi tered ro ss ona Engineer
(Seal gf .Lhgineer or Registered Lan Surveyor)
66 Park Street
or Surveyor) Andover. MA 01810
Address
FORM E
CERTIFIED LIST OF ABUTTERS
November 17 19 86
TO T,HE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER :
The undersigned , being an applicant for approval of a Definitive
Plan of a proposed subdivision entitled Wagon Wheel Estates
submits the following sketch of the land in the subdivision listing the
names of the adjoining owners in their relative positions and indicating
the address of each abutter on the sketch or in a separate list , in-
cluding owners of land separated from the subdivision only b� a street .
{4 Signature of Applicant
i
77 Colonial Road.
Address
Lai-trence, MA
Me,V / 19
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER ;
This is to certify that at the time of the last assessment for taxation
made by the Town of North Andover , the names and addresses of the parties
assessed as adjoining owners to the parcel of land shown above were as
above written , except as foilowst
Assessor
i
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I,
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WAGON WHEEL DECISION Conditional Approval
Within 60 days of filing this decision with the Town Clerk,
the following items shall be integrated into the approval
plan for endorsement by the Planning Board.
1. The length of the dead end road exceeds the maximum length
allowed in the Rules and Regulations. (Section IV A, 4)
Supporting documentation shall be submitted to the board for
the length and formally request a detailed waiver.
2 . The plan must have the approval of the Board of Health as
specified in Chapter 41 of the Mass. General. Laws.
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3. Drainage computations shall be submitted with accompanying
watershed mitigating measures as proposed on the plan prior
to construction.
4 . Executed deeds of easements for all drainage ways, slopes
shall be submitted. An executed deed for the 50 foot wide
right of way shall be submitted as evidence that such
parcel of land could be used for future roadway extension to
abutting land of Abseb Realty Trust. Easements shall have
proper metes and bounds in accordance with the Rules &
Regulations.
5. The Planning Board is of the opinion that many of the lots
(2,3,4,5, 6,8,9,10,11 & 12) do not meet the Contiguous
Building Area of the Zoning Bylaws.
6. The plans shall provide access-egress to land of the
Commonwealth of Massachusetts as was requested in keeping
with the Board's policy of connecting streets and roads
with public means of access to the passive recreation areas
of the Commonwealth.
7 . The powers of a planning ( . . .under) the subdivision control
law shall be exercised with due regard for the provisions of
adequate access to all of the lots in a subdivision by ways
that will be safe and convenient for travel . . .and for
coordinating the ways in a subdivision with each other and
with the public ways in neighboring subdivisions. (Chapter
41, Section 81M, M.G.L, ) Access must be provided either via
an approved public road or over private ways built to the
standards of the subdivision rules and Regulations over land
to which the developer can prove he has ownership or right-
of-way.
8. The concept of using wetland areas as detention ponds for
the site drainage and flood storage has not been approved by
the North Andover Conservation Commission and is
inconsistent with the Commission's policy and is
unacceptable to them. See letter from NACC dated April 3,
1987.
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9. The location of onsite sanitary leaching fields has also
been questioned by the conservation commission and without
Board of Health Approval, the Planning Board is of the
opinion that many of the lots cannot be built upon because
of the close proximity of the septic system to the wetlands.
Prior to construction, approvals shall be received from each
office.
10. The North Andover Fire Dept. has addressed concerns which
have not been addressed. See letter from the Fire Department
dated December 4 , 1986 and March 16, 1987 .
11. The Subdivision Plan shall provide for the construction of
all drainage facilities .including submission of as-built
plans and profiles in accordance with the rules and
regulations. an amount of shall be held for as-
--built plans.
12 . The subdivision plan shall make provisions for completion of
runoff mitigation and the placement of binder coat of i
pavement before release of security in accordance with the
board' s rules and regulations.
13 . The subdivision plans shall address the concerns of the
North Andover Police Department in their letter of March 16,
1987 .
14 . The Subdivision Plan shall address the concerns of the Tree
Warden in accordance with the Planning Board' s Rules and
Regulations.
15. The Subdivision Plan does not make provision for complying
with the Planning Board' s Rules and Regulations if the North
Andover Conservation Commission requires changes within the
drainage system.
16. The Subdivision Plan as submitted shall provide a detailed
phasing plan for construction to be approved by the Planning
Board in accordance with the zoning Bylaws of the Town of
North Andover.
17. An erosion control or sedimentation program or plan shall be
submitted for review and approval by the Planning Board as
required by the Rules and Regulations.
18. The Subdivision shall show sloped granite curbing on all .
roadways that exceed 51 in accordance with the Division of
Public Works request.
19 . Tree cutting shall be kept to a minimum throughout the
project in order 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' (the plan is for areas of
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substantial cutting and filling) to be reviewed by the
Planning Board. This plan shall explicitly .include specific
trees to be retained. Also, the developer shall inform the j
Town Planner when significant tree cutting is to occur, in
order that the Planner may determine the need to be present.
20. A completion date of two (2) years from this decision shall
be enforced. The Covenant (Form J) shall note an expiration
date of two (2) years from this decision and be considered
null and void for lack of progress towards completion and
must have at minimum binder coat application.
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cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
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