HomeMy WebLinkAbout1985-12-02 Decision DEF SUB date 311 of r. .. FORM V
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in '06 Oftice of "the "1'elsn
Clerk. APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
June 7 t 19 85
To the Planning Board of the Town of North Andover:
The undersigned: being the applicant as defined under Chapter 41t Section
81-»Lt for approval of a proposed subdivision shown on a plan entitled
Definitive- Subdivision Plan of "ABBOTT ViLL GE ESTATES". over, MA
by Thomas E. Neve Associates, Inc, dated May 31 1985
being land bounded as follows: NORTHERLY: Salem St: , land of H. Jackson, S. Jacksona._Ke.nn
Juba, Winning, Dinardi, Ardito., Proulx, Loranger-Oliviera, Izadi, Bernardin, Kane, Uszynski
WESTERLY: Land of Laro, Patel, Schrader, Giard, Gailey, St. Jean, Bomba. SEE ATTACHED SHEET
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. 961 115
919 333
Title Reference: North Essex Deedst Book 763 t Page 43 .; or
Certificate of Title No. s Registration Book , page ; or
Other: `y
Said plan has( ) has not( ) evolved from a preliminary plan� shbmitted to
the Board of 19 and approved (with modifications). ( )
disapproved ( on t '19
The undersigned hereby applies for the approval of said.DEFTNITIVE plan
by the Boardq 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 j
Board:
1. To install utilities in accordance with- the rules and 'regulatigii6 of
Planning Board, the Public Works bepartment, the Highiray Surireyort thV �
Board of Health, and all general as well As zoning by-laws of said Towav w-it:' �
as are applicable to the installation of utilities within the' limi s of . :!*Xm j .
N sand streets• includin tie r gained ca 1e to be ins a�jed by ►
� Cablevision. He developer shaft contact Cabieyision or oor�il�i�r�cd
2. TA 164 &Id construct the streets or w s .and other im pro
s Ao`Rg'�_ +
thereon in accordance' with Sections'lv and V of the Rules ,a4d Reg4atis rnxc7,
of the Planning Board and-the approved DEFINITIVE plant profiles'' evosp
sections of the same. Said plan, profiles, cross sections and cons*' ion-'"'
specifications are specifically: by references incorporated herein and -ma
a part of this application. This application and the covenants and.a:gree-.._._
ments herein shall,be binding upon all heirs$ executors, admirdstratoras
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 dateie.. hereof* December 1, 1988
Received by TRm 41kK Z Nnr
Dater ri l�4s� 1_� i�n S gnat a of Applicant
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Times _P >1�1_10 Ol Abbott 'St. Trust, Benjamin C. Osgood, Trustee
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Si'®naturs: GIA1333U 424 Andover St. , North Andoyer, .MA 01845 '
Address
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: _ ABBUTT y1u A�BESTATES
By; Thomas Neve Associates dated May lg 85
�F }F aF ?F aF aF
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"t or otherwise provide security for the con- - —
struction of ways and the installation of inuni.cipal services within said -sub-
division, all as `provided by G.L. c. 419 S. 81-U.
2. That all such construction and installations shall, in all respects
conform to the governing rules and regulations of this Board. .
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a. All Planning Board orders of conditions are to be placed on the recorded
definitive plan, prior to signature. at a Planning Board Meeting.
b. Prior to signing the definitive plans all� e�e ` f easements shall be
to the Planning Board and held in escrow until completion. At the time !�f
completion, is e efuntalsreleuchaseumen ecyorty'�ie owneeeloper or.:.o�,mer .s��z,_
C. A certified document shall be submitted to"the Planning Board verifying'
that the location of all utilities Uncluding. eleatric, sewer, telephone,
a d f ,le) have been inst le o-F a et coat application. Installation
d. As cer i'£le palai°rde acieling prFop�os�ed- arreaps�a be Used for burying stumps
shall be submitted to the Board for reivew and approval. prior to construction.
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 skidlatravidedc that all
c angel and revisions have een made in ccor anc w th t e con tlonal approval.
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�3 AO Q t4' 111 H 0 H NORTH ANDOVER PLANNING BOARD
UUM U01
Dates December 2, lcfm 11N�C By* Michael,P. Roberts, Chairman '
Any appeal, shall- be filed .
within (20) days after the
1: 14rz�p clafe of filing of this Notice
in the Office of. the Town
NDR�j� �s Clerk.
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December i 2 1t
Conditional Approval
Abbott Village Estates
Definitive Subdivision
DEFINITIONS SECTION .
Developer : shall mean the Abbott Village Trust of 42'4' Andover Street,
North Andver, Ma. and its successors .
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The Board: shall mean the Planning Board of the Town of North
Andover, Ma.
k.
The Rules: shall mean the Rules and Regulations Governing the
Subdivision of Land -- North Andover, Ma. issued by said Board
and as amended through this date.
The Plan: shall mean sheets one through through twelve and 6A of
four through 9A of four, and 6B of four. through 9B of four of,
the Definitive Plan of "Abbott Village Estates" prepared by
Thomas E.Neve Associates, Inc dated May 31, 1985 . '
Traffic Memo: shall refer to the Traffic Memorandum .to the Board
prepared by. Vanase/Hangen dated November 25, 1985 .
1 . A Notice of Intent shall be filed with the North Andover
Conservation Commission as required under Chapter 131 , wetlands
Protection Act and the local Conservation Commission' s
regulations and any changes required may be cause for
reconsideration of the subdivision under M.G.L. Chapter 41 .
2 . In accordance with the North Andover. Conservation Commission' s
letter dated August 1 , 1985, some, if not all, of the following
lots may be considered as unbusldabl.e due to the unsuitability
of the land for lot development and large potential wetland
impacts :
Lots 5 , 10 , 20 , 23 , 26 , 35 , 36 , 37 , 38 , 43 , 44, 48, 49, 51 , 53 ,
56 , 57 and 58 . No foundation or building permits shall be
obtained ' on these lots prior to Conservation, Commission review
and approval as required under M.G.L. Chapter 131'.
.3 . If the Conservation Commission institutes any changes to the
approved definitive plan, the applicant shall submit all
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information to the Planning Board for review of any ma3or
revisions .
4 . All fire hydrants are to be within 500 foot intervals along the
proposed subdivision roads'.
5 . Lot numbers. shall be posted during construction, and house
niApbers shall be posted prior to occupancy.,
6 . No open burning is permitted, except that allowed by the North.
hnAr,<?Ar Pi 'rr- r)anart_ma_nt .
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2. ;
7 . All new roadways, (Woodberry ' Lane, Thistl.e Road,Deriwinkle Way
and Nutmeg Lane) shall be made -accessible by having at minimum
a binder coat of hottop applied prior to occupancy of the
residences . Separate binder coat comp.leton dates shall be
established by the Planning Board for , each roadway. To be
incorporated in the conversant- and security agreement.
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8 . Security in the' amount of $27 , 000 .00 shall be posted for the
purpose of compliance with the subdivision control. law
pertaining to ' Street Trees ' within the right of way.
9 . 1n accordance with the Highway Department ' s recommeQdati.ons :
a . All utilities shall be buried with a minimum of thirty
.i.nches of cover and have safety tape burried over all lines.
Sand to be used for burial -bed and cover, is necessary. All
utilities to be in prior to any gravel or trench backfi.11ing .
b. No drainage from the subdivision shall be connected to
existing drainage without the review and approval of the North
Andover Highway Department.
10 . In accordance with the Board of Public Works recommendations :
Water main/hydrant requirements-
A. Woodberry Lane
- The water main on Woodberry Lane shall be installed 10 feet
right of the centerline of the road. Eight inch Mueller or
equal gate valves shall be installed at the existing' water main
on Woodberry Lane. .
- Fright inch Mueller or equal gate valves shall be installed
at the existing water main on Abbott Street at station 8+1.0 and
at the end of the existing water main on Woodberry-,Lane.
Eddy breakflange hydrants to North Andover specifications
are to be installed at sta. 0+20, 4+000 8+00, 12+25 and 16+70 .
B. Thistle Road_
- T1ie water main on Thistle Road shall be intalled 10 feet
right of the centerline of the road, Eight inch Mueller or
equal gate valves shall be installed at the existing water main
on Abbott Street and at sta . 4+70 .
An eddy breakflange hydrant shall be installed" at ,sta. 4+30 .
C. Nutm� Lane
- The water main on Nutmeg ' Lane - shall be .installed 15 feet
from the north property line and shall be extended. along an
easement on Lot IS to connect with. the existing water main on
Salem Street . Eight inch Mueller or equal gate valves 'shall be
installed at sta , 0+05, 0+15 , 3+80 and at the connection on
Salem Street .
W - Hydrants shall be intall.ed at sta. 2+50 west, 5+80 west, and
4+90 east .
D. Periwinkle -Way
- The- water main shall .be installed 10 feet left of the
centerline of the road. An eight inch 'gate valve shall be
intstalled at sta. 0+0 . A hydrant shall be installed at
of the cul de sac.
E . All water mains shall be eight inch class 52 ductile ' iron
cement lined water pipe installed, with 5 feet of cover below
finish grade.
. h , l _ + i L --.I- - -I- 7 1 1 - --..5 A - A nh MttoT Inv-
or. equal gate valves (open left) .
G. All gate valves shall comply with AWWA. spec-ifications L500
52T and will be supplied with a 100 lb. sliding , type -t3ate box
marked 'Water ' .
H . All water mains shall pass leakage and . pressure tests
performed in accordance with section 13 of the AWWA standard
C600 and shall. be chlorinated in accordance with AWWA C601
' Standard Procedure for Disinfecting Water Mains ' .
Sewer requixefents -
A. The proposed sewer on Abbott Street shall ,be 10" vitrified
clay pipe installed approximately in the center of the, existing
roadway, and at a depth sufficient to provide service to
existing dwellings on the south dide of the street'. Five inch
V.C. 's`eivVlce connections to the property line shall be provided
to all 4i.sting houses abutting the sewer.
B . The proposed sewer main -on' all the streets within the
subdivision shall be 8" vitrified clay pipe installed �n the
centerline of the road. .
C . Tn .order to eliminate unnecessary extreme of sewer on Abbott_..._-..--
Str_eet, Thistle Road and Nutmeg Lane, the sewer main shall_ be
redesigned to flow ester.ly on Nutmeg Lane', from the cul de sac
to Periwinkle Way, southerly on Periwinkle Way, and then on 20
foot utility easements along the north side of Lot' 1'3 , the rear
of lot 10 and the east side of Lot 9 to the proposed .pumping
station .location. the sewer 'on Thistle Road may be eliminated
and the grades changed on Abbott Street .
D. The sewer main - on Woodberry Lane shall be extended from
station 17+50 , a distance of approximately 325 feet to the
centerline of -the existing portion of Woodberry- Lane. '
E . The grade of the sewer on Woodberry Lane shall be changed . to
a more reasonable depth from station 13+75 'to 17+50 unless
justification is provided for leaving the sewer at the proposed
grades .
F . Plan and profile shall be' provided for the sewer_ on Abbott .
Street, the extension on Woodberry Lane, al.l, cross-country
sewer, and all redesigned sewer.
G. A plan showing the proposed design of sewer 'and water
,services shall be provided for lots 36 , 37 , 43 , 51 , 53, and 57 .
11 . Precast manholes shall conform to ASTM designation C478 and
shall meet the following additional r.equiremen�ts;
the wall thickness shall be not less tha 5 inches,,
section shall. have tongue and groove joits with an
approved bi.tumastic gasket,
pipe connections shall be of the rubber boot with
stainless steel band or approved equal.,
manhole frames and � covers shall. - be cast- iron lettered
' Sewer ' and shall be eight inches high.
12 . All sewers must pass low pressure air tests with a maximum
allowable leakage rate of 0 .0015 cubic feet per minute per
minute, per square foot of internal pipe surface.
13 . 'Adequate public liability and property damage insurance as well
as a street opening bond in an amount satisfactory to the
Highway. Surveyor must be provided for the work .on Abbott Street .
4.
14 . In' accordance with the Board ' s decision on Marbleridge 'Estates
(Woodberry Lane) Definitive Plan dated 1/13/76, rev.4/i15/76, and
Approval dated 3/18/76 , specifically condition no. That the
proposed 50 foot roadway easement from the turn-around be
aligned along the l.ot line between lots 6 & 7 . " ; a connection
shall be made as shown on the Abbott Village Plan dated 5/31/85 .
Associated utilities such as those recommended by the board of
Public Works shall, be connected to the existing Woodberry Lane.
15 . The connection requirement is in full' compliance with the
Board 's Rules, Section I1 ,B, 5 "Streets shall be laid out as to
provide for continuation of the principle streets adjoining or-
entering the sub�ivi.sion. . . so as to provide an adequate and
convenient system for -present and potential traffic needs . . . " .
16 . That portion of the Woodberiy .Lane connection that lies within
the Watershed District shall not be. constructed unless the
Watershed Moratorium, —Section 4 . 133 (4 ) Lake Coch_ichewick
Preservation Amendment has been removed in Iccordance with
M.G .L. Chapter 40A and the North Andover Zoning Bylaw`.
During the moratorium, Lots 46 and 47 shall have a :constructed •
temporary turn around which will. be removed. at ' a _ time in which
connection is made to existing , Woodberry. Lane per Section
IV,A, I, e.
- Security in an amount to be established by .the Board shall be
held for the connection through to Woodberry Lane: At the time
the moratorium -is lifted the Board will instruct the developer •
as to the feasibility of connecting the two cul de sacs .
17 . The developer shall include a clause in the purchase and sale
agreement of Lots 46, and 47 that reflects that the temporary
turn around will be removed for connection with Woodberry Lane.
All other lots on Woodberry Lane shall include a' notation in the
deed that the road -will. be continued.
To be noted on the record plan ,
1B . The Board will not grant the applicant a waiver of strict
compliance under M.G.L. Ch.40A, Section 81-R and Section
IV,A,4,a and II ,B, B,a concerning the length of Dead End Streets
in the Rules, specifically NUTMEG LANE SOUTH TOWARD SALEM__
STREET .
19 . In order to minimize the impact the traffic impact on Abbot -.:. --------
Street and to improve circulation the Board will require an
additional point of access as noted in the Traffic Memorandum
prepared by the Board ' s consultant . '
-- A Salem Street/Nutmeg Lane point of access through Lot 18
shall- be designed with associated intersection improvements to
provide sufficient sight distance and r'oadway widening to allow... _
a northbound vehicle to safely move around a vehicio,stopped to
make a left turn onto Nutmeg.
This is in accordance iaith the purpose Subdivision Control. .Law
regarding the regulation of .the layout and construction o fways
in the subdivision providing convenient access to lots therei.ri,
and for lessening the congestion in such subdi-vision and
adjacent ways . .
Such intersection improvements sliall be Shawn on separate
--1 --- L.-. ,.-. vr��)� Y�T.Tl�l� - YnA nnnrnvPr1 y v thL. e Board.
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5.
1
Improvements shall be made within the Salem Street right of
way and land owned by the .developer .
20 . The "Board shall. require a 50 foot access easement deeded to
North Andover for the intention of future apcess. to NIF Rar.nshaw
on Lots 27 , 57 and 58 . The purpose of this requirement. is to
uphold Board policy of Section SI ,B, 5 of the Rules and
Regulations .
To be changed on defintive plans prior to signing and recording.
21 . The conditional approval of said plan shall' not infer approval.
o any requests for Common Driveways under Section 2 . 30. 1 of the
Zoning Bylaw.
22 . All drainage detention areas shall' be noted on plans as drainage
easements .
23 . At Lots,, 1' and 23, a cross section and detail shall be shown
detai.tip.g headwat !s for approval prior to signing plans . Due to
the close proximity of detention ponds on said lots, side slopes
of 2: 1 shall be required from edge of R-O-W with guardrails at
the top of the slope along areas of fill to ensure the safety of
the public ., Driveway access to Lot 10 shall show detail. of side
sloping which shalt be at .a 2: 1 slope.
24 . Proper side slopes of 2 : 1 shall be provided frow the sideline of
the R--O--W to the bottom of the detention areas on lots 42 , 44,
49 with. guard rails at top of side slopes along fill areas to
ensure the safety of the public . This will cause the detention
ponds to be moved to the North.
25 . Side slopes of the roadway crossing along Lot 35 , ,36 , 37, and 38 °
shall be constructed to 2: 1 from sideline for R-O-W with
guardrails for safety purposes .
26 . Security in the amount of .$13 , 800 .00 shall be posted with the
Town to ensure satisfactory submittal of final a-s-built and
acceptance plans to be recorded at the Aegistry . of Deeds after
review by the Board.
27 . The applicant/owner/developer shall be aware of the fact that
approval. of this subdivision under the Board ' s Rules will not
relieve said parties of the responsibility to, other property-...
owners upon whose land may be affected by indiregt or direct
development storm water discharge.
28 . Roadway cross section shall be revised to conforiq to Rules and
w Regulations .
29 . The sewer and pump station details to be approved by Public__. _..._.._
Works - and. shall be submitted to the ; Board to ascertain
compliance with these plans prior to any construction.
30 . The, developer shall present to the Board prior, to any
construction commencing, satisfactory evidence of intentions to
control construction traffic and earth removal activities .
These methods shall- include, but not be limited to hourly
nto
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RECEIVED
NORTH ANTI OVER
OEc t 2 og f '85
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SUMMARY OF FINDINGS :
BSC recommen
ds that the project as proposed be denied for
the following reasons :
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1. Most of the wetland alterations proposed do not
-quality as limited projects; j
2. The proposed roadway layout for Woodbury Lane does
no.t.rr inimize wetland alterations and alternatives to
wetland filling do exist;
. 3. Proposed culverts are undersized and due to their
small size will be hard to maintain;
4. The project proposes a roadway storm -drainage and
inf.iltr'ation system that will not function under
certain conditions, and as a result will create a
greater runoff condition on and off-site ; and
5. That, because of these deficencies , the performance
standards have not. been tet and the interests will
not be protected.
o WETLAND ALTERATIONS
The applicant ' s engineer has proposed to alter a
total of 7150 s. f . of wetlands resource areas
comprised of the following :
BORDERING VEGETATED WETLAND
AREA B 1570 s . f .
AREA C 200 s . f.
AREA D 3784 s . f .
AREA E 144 s . f.
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TOTAL 5789 s . f .
Bank and Land under a Waterway
AREA A 744 s . f.
AREA E 608 .s . f.
TOTAL 1352 s. f.
BSC Engineering' s review has determined that there is
an additional 700 s. f.f of bordering vegetated
wetland on lot #43 that is not shown. on the
referenced plans but was flagged. It appears that
this portion of the wetland will be ' al-te-ted by
�riv,eway construction. .
o Limited Projects
SSC' s review of the Abbott Village Estates submittal
has determined that only a minor portion of the 5280
s.f . of wetland alterations proposed can be allowed
as a Limited Project as defined in 310 CMR 10. 53 ( 3) .
The work proposed in the following wetland resource
areas that does qualify:
AREA A 744 s . f .
AREA E 144 s . f.
AREA F 608 s. f .
TOTAL 1496 s. f
The work proposed qualifies because the work in these
2 areas will construct driveways which will serve as
the primary access to upland ( Lots 36 , 37 and 43 )
where a reasonable alternative means of access from a
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public way does not exist.
The remaining work proposed in 5 , 654. s .f . ( plus 700
s . f . flagged but not mapped - total 6354 s. f. ) of
we.tlan'd resource areas does not qualify as a limited
pro.j.e6t .'- for the following reasons :
1 , Reasonable legal , primary access from a public way,
exists from both the Woodbury Lane cul-de-sac and
from Abbott Street.
R W aso.rvAbM.e �al'ternatzves to the proposed filling of
wetlands for Woodbury Lane. existo
Wherd filling for the road is proposed in bordering
veg.e.Lated wetlands at- Station 5+00 to .5+60 (Area B,
-1670 s. f . ) and .at Station 6450 (Area C, 90 s.f.)
these, impacts can be avoided simply by moving the
roadway alignment 40 ' to the east.
Likewise , where filling for the road is proposed in
bordering vegetated wetlands at Station 13+00 to
14+50 ( Area D, approximately 3000 s. f. is BVW) ,
these impacts can be avoided by moving the roadway
layout 40 ' to the east and realligning it on a more
west to east axis.
3. Based on the above findings , it is BSC' s
determination, that the applicant proposes to fill
greater than 5000 s. f . of Bordering Vegetated Wetland
to perform work which does not qualify as a Limited
Project.
The conservation commission cannot issue an Order of
Conditions allowing greater than 5000 s . f . of
filling of BVW.
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o Additional Work
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Work to be performed on sots 33 to 35 , 38 to 42 , and
44 through 58 includes the construction of dwellings ,
driveways , utilities and regrading of Land. The
applicant is proposing adequate protection of the
nearby wetlands by providing a 'conti,nuous line of
staked haybales as shown op the referenced plans.
.To insure' that the work in these areas will not
intrude on the nearby wetlands , the commission should
require the stakirig and f'lagging ..of the work limits
a-n.d the placement of the continUous' ,line of staked
•hayba,les prior to the' commencement of work.
WSW/snt.
WSW7/11 '
2. 1313.00
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