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HomeMy WebLinkAbout1988-06-13 Decision MODIFICATION DEF SUB FORM}`�' � ¢ ? , I [� RECEIVED` l DANIEL LONG PLANNING BOARD TO1YN CLERK ,..• NORTH ANDOVER TOWN OF North Andover MASSRC}�US TT CERTIFICATE - OF ' AMt JUN 1� � 2� �NDMENT , MODIFICATION OR RESCISSION OF 2, VAL OF DEFINITIVE SUBDIVISION PLAN :s ji : 19 TOWNTOWN OF N'_, '1' ! fir Massachusetts On the motion/petition of Plannin ' Board , datedA��_i1 18 , ^1988 and in accordance With Plassac usetts General 'Laws , CTiapter Section III.- - , it is hereby certified by the Planning Board of. the town of North Andover , Massachusetts , that at a duly called acid properly poste meeting of said Planning Board , held on June 2 1.988 i t was voted to &MWmodi fy/ rxxxocbX& the approva of t e efinitive subdivision plan of land entitled : _ Abbott Village owned. by : Benjamin C. And Harriett G.Osgood, of : Abbott StreetTr plan 5 dated : Trustees Octobe_ 23 , 1987 , and revise : Fy : Thomas E. Neve Associates' , and recorded at the : Northern Essex County Registry of Deeds , Plan Book 1989 Page 46 performance guarantee being and recur ed Book , Page land located and showing 49 proposed lots , by Ana i ng the f0110wiflg aWdnx s/mode fi'cat on s . by rescinding the" approval for the following reasons : See Attached Decision Approved By' The Planning Board All prior conditions of approval shall remain in full force and effect until such time as they are met ; pursuant to Massachusetts General Laws , Chapter 41 , Section 81 -Ll, this Amendment/Modification/Rescission shall take effect when duly recorded by the Planning Board at the Northern Essex County Registry of Deeds the plan or originally approved or a copy t iereof , a certified copy of this vote making such PAmYddXTGV1 Modification hXXXXXXAXXA)0XX, and any plan or other document referred to in this vote . Said recording to be at the expense of the applicant in the case of Amendment or Modification . The Amendment/codification/Rescission of the approval of this plan shall not affect the lots in the subdivision -which have been sold or mortgaged in good faith and for a valuable consideration or any rights appurtenant thereto , without the consent of the owner of such lots , and of the holder of the mortgage or mortgages , if any , thereon . Tana i n -F 91 I 179 Written consent from said owners and mortgages', if anF�KCC� � ttached He re to . D1 NIEL l. TOWN CLERK NOTE ` 0 CLERK : The . Planning Board should be notifiOdTi�mmteOdi�ately of any appeal to the Superior Court jj J �i s,� s2�.�Ids i-on Amendment/Modification/Rescission ) he . approval made within the statutory 20-day appeal period . If no appeal is filed with your office , the Planning Board should be notified at the end of the 20--day appeal period in order that the originally approved plan may receive - an appropriate endorsement and be recorded along with a registered copy of the certi - fied, vote Amending/Modifying/ Rescinding the approval . A True Copy , tte AZ,e_� I Clerk , 7pj j 1 , 44a-rrq--B-e-a r Duplicate copy sent to applicant : Planning Board ATTEST: A True Copy Town Clerk 9 ( Page 2 of 2 ) "` Abbott Village Estates RECENED Modification of a Definitive Subdivision DANIEL LONG Conditional Approval T0lttN CL,E'iK N0RTA%ti D OVE:R The following infovma t ian 5ha t l be supplied to the P tanwi +'r, ;3c;}�} , t �`4 t(1$ to the Board signing the plans to he "f�i. led with the Regjuu l A A 1'�J.-U Office: 1 . A Watershed District, boundary determination by the Hui. l.ding inspection Department for portions of JoLs W/ and 40 and Thistle Road shall be received by t,hra Planning Board before any construction can occur' within thin subdivision. 2. The Planning Board grants the roadway length waiver for Thistle Road (100 ' required , 1000 ' sho"n ) based upon the fQ ) towing findings : a . The t-'1c=3nning Board has consl Mart ] V rl7Ltght the connection of Wuodber vy hone and T h i s l l e Road .tsar reasons of public hRalth , s6f-t and welfare , which address t.hce follow n(A concerns; ( l ) allowing rapid orrr'"_ss by eC11e gonoy vehicles, (2) the e�tr.'r1vJ.op ul f oven utilities into the Abbott V i. 1 lag r? Subdivision to provide a " 100P YYntem" , i7) allow the proper- dissc:m nation of m9hor vehic.= les from this subdivisiorc to othe4 locations within the Town rather than ATTEST: placing all the new traffic 100d can AbO00 A True Copy Skeet which is currently not ec,notruct?d },fa Town standards . " b . The Planning Doord voted in its Original Town Cleric decision for this subdivision in 005 t,,. require the connection of Woodhorry kono and Thistle Road as a condition of raf. P -Oval . The Planning Board feels that: eyinting conditions within and adjacent to the subdivision have not changed to any great degree to warrant changing the original condition. The Town has sought through court at_ P i can t N-, utilization of an casement placed on t& subdivison of Woodbarry Kane by the Plnn-4nr l Board to connect with the proDer ty which contains the proposed Abbott Vi 1. lane Subdivision now before the C3r_,ard . . . � d . ThO Board finds that a s�r length dYL s public safety concerns b th� � following facts ; i } , topography of the site . 2) . potential wetland i�0/�U���s of this parcel of land ,m�� ,� t����� / n / v*em�nt� of the R-3 Zoning Dlstri & regarding the minimum lot area and frontage standard . e . The Board wishes to pursue the cnnnecklon oi Woodherry Lane and Thistle Road and the current- design of Thistle Road allows the easy extension of the roadway into a 5ing | e thru rned . Howover / untl the conncctino o Woodberry Lane can he affected , the Board Q. concerned with the length of the proposed dead end roadway in renarJs to water pressure and the excessive traffic enisting ATTEST: onto Abbott Street from Thiskle Poad , The A True Board requires that a temporary cul dp-5ar ��n - ~^ be constructed on Thistle Road at station 12+[) and that no roadway or lot cnnstruct / nr be allowed beyond the cul-de-sac and no lots 43 to 52 inclusive will not be relived [row Town Clerk the statutory covenant until the connectign with Wondbarry Lane can be affectiod ' In- this eytent the cul-de-sac at station 18+/) will be removed and the street lines redesigned to a 50 foot width , 3. Periwinkle Way is classified as a mino, street a`^d shall be constructed with a R6 ' wide pavement section . Nutmeg La"e shall be constructed with e 2+ ' wide pavement section. Thistle Road will be constructed with a 26 ' wide pavement section . 4. Recorded plans sho \ \ be revised to show drainage esemerts with metes and bounds to inrl"u|e drainmqe Qo a waterway a"d include headwalls and detenCion nnndp . 5. Realignment of the sewer r*sements shall he shown an the plans an required bv DPW as follows / ( a ) Sewers lines s|/a71 be placed within thr' Abbott Street right-of-way to the intersection of Thistle Road and thon down Thistle Road right-of-way to the easeme'`� which coonprtn the system with the cvi *tinn system lncatod within the Wnodherry Lane right-nf-way . (b ) E :tEiztiLTls of thewater and SY, _" :l1� ',Ur Yhal i c. be shown in the easement loa���El�'ll�il 'en Thistle Road sand Woodberry 1_ � � t.� f�� �CIR�'�i-� r+1�C �Vp�R t c ) A sewer line shall run w i tI''��; Way r igly t•--of-way . A sewer r e .ex tenrs run shall be shown running through fats 20, 21 , and 22 and connect with the us,wer- l i n(:- within the Abbott Street right-of-way through lot CS . This easement shall Iasi 2W wide , ATTEST: A True Copp ( c I ) T_)u e to t h e l a r..l: of d u t.:a i. 1 a n d ,,i i r.r r,,P.,"r i { ran the plans and the requiv d mudi ('ical. iO -, required by the Planning Board . the Board Y_A_�2�r may capon its own motion require or; Town Clerk additional Publics [baring when revisTd r, JOW have been submitted and reviewed by the Doard . 6. Temporary cul-de-sac easement language should I,S3 included . Note on they record plan that the lhristle Road may become a through street- in they futuve undsl the Subdivision Control Law . At this time :a temnav arV turnaround easement shall be placed upon lots: 02 and 5:3 . OIL pavement will be removed within temporary turnaround easements with the exception of dr i vEwo and services to dwellings on Lot 92 and 'AD will he removed and the area loamed and se6ded . upon eyten i uli of Thigtle Road into Woodberry Cane , if approv0d . 7. Sidewalks shall bo shown an one side of the rondway for Both thrcatle Road and Nut,areg Lane . 8. The plans will ref'lec k improvements to the two existing culverts "hich pass under- Abbott Street lost of Easy Stver_t , and a third culvert on Obbott Shrc: ul apprn>: imat;ely 200, West; of proposed Thistle} RoAd will be upgraded in size acceptable to DPW for purposes el arr..etping additionai stornwater run-off caused I,y !:hi. subdivision. . 9. The proposed catch ba s i its at the intersec t iun 0 t' Ataoott Street ,.and proposed Thistle Road should Q? piped in a westerly direction along lahi-ott Stroey to the em ist; ins brook . The pr opo5ed drainpipe from t,lar.' intersection going the opposite directi.can On Ahbn " St.rc:eyt shall be eliminated . The "-following conditions are to be placed on they recorded Definitive, Plata, (cover 5haeet. ) prior ho enduvvement and filing with the f:egi •- Qv ,, f Deeds. 1 . Any changes as a r esu 1 t Of action undertaken ur7r; el M . G .L. Chapter 131 Section 40 or North Andovpr wetlands Bylaw shall be submitted and rev i uL,ed by `54:' Planning Board under a Definitive Hodificaticara Anpl ication . . / . � � �� . ' �-c�3 All lnt numbers shall he pnste U- stroctio, . ' 3 , HumeF, on common driveways in e fc,et sa |� l ! � | require residential spriokler acrordanre . with NEYA 13D ' � 1� ~\ ~- 4 . A bond \ n the amount of the A Duilt F' l �n`` � shall not be rpleaseJ until approved by the Piannioq Board . 5 . Nn Certificate of Occup,-=kncy -,hall be i�sued for any structure hui {t in this subdivision prior to the binder coat of bituminous pavement is in place and constructed as pei- the plane approved by this dprisim� , 6. Prior tn signing the Definitive Plans a \ l executed deeds of easements sha} ] be submitted to the P \ amninq Board and heid in escrow . Anv changes in the euscmen\ shown on the plan and approved by this deci�ion shal1 be approved by tie Planning Board prior to fi | ing *� th ATTEST: the Deed� Office . . — True The applicant, shall su�p �y Bus SLOP , tra[ fic roadway mar\' ings a� specified by the NAPU ' applicant shall improve the intersection of Abbutt Town Clerk and Salem Street into a right angle des� gn in accnrdance with the rpqoir�mente of th , Pl^nninq Ooard . Said improvements shall enhance the safety nl vehicles entering this subdlvjs it)n , The applicant sh� ) ! supply -the Town wjth additional roadway easements and then construct the roadway imnrovempn�s per DPW standards subject to approved plans . 9 . All se�ver avid water faci \ itins shall be rons>�ruct//n � n accordanco with DPW standards subJnrt t;o Plann � `�g Board appruval . 10 . Tree cutting shall be kept to a minimum thrnxghnk/t thp project in order to minimize crnsion and p,eee-rve the natural features of the site accnrdingly , thr developer , in conjunction with a registered arbori �t shall auhmlt a tree cutting and reforestation plan ( the pl4Tjn ls for areas of subsLantia > cutti *| and filling ) to be review 6y the P }ooninq Bnard , 1111s plan yhal ) explicity include specific tree�7; to be retained . A3ao the develuper shall inform the Town Planner when significant trce to occur / n order that the Planner may dotermjne the need to h- pre /ee cotting in the approved uti \ ity easements shal1 be kept to a minimum and within t�e easement . Any trees xemoved outside the easewe»t ` ljnes will be repiuced by the same specirm prio.. {o lot relea-'e . � 1 . The plans nh'a] l he revised to show cn/`s�rur+ jon details of ---all drainage control structures , Uo—, culverts and rnudway retaining wall to he app/ ovcd �` thp DPW. E!� Tho topogi-aphic plan-s shall be revised in ac.:cor-dai€c:� e with the rulc-s and r-eyultations to show all rrc�Cra �r€cf duel l ings and driveways wi th proposL-d cutting assac' iated with such dwe111MIDAME ;IV itioil , the toptarar ap[ric pl�aris s7hal l Shaw a1l ��f �E{a��PWEft'P �art .i inverts for- drainage ulorl,, outside thE_ €-oadwfay l ir€c with 'exisiting spot elevations at w rid4c- ; a ? r ) all wetland replication areasirai l , ,� ) al l detention ponds with existing and proposed cpnt: elevations , 4 ) all grading associated with any drainage to be encompassed by an easemelit c !5,f-.rnr-lrtt to be also shown on subdivision plans, ) . 1.8 . The r-ev.i ac tl interser_ tion of I*Ilutmeg and Salerri `3trr?r; t will short detailed grading (;u i n'sur-e proper- friat c-1.1 i,ri+a of qutt:ei- grades with Salem Street and to i.nsc_tr-€ against the creation of ponding The dr'airiag(� .! shall conrrr-c.t to a drain manhtale on Salem �aErswr�t . 1it . The c:atclr basins outlet at stiation 011 I"1utttre2c€ Lane , shall be s;t,iown . 1.5. As--Built f'1<anr, will bey submi. t ted to the Pl area i n,:1 1.31i sr U on an as completed basis for all di-aina€:1e facil it; i(=�: , water and sewer and cathei- utilities and theT Y-oadiraay b indei- center- l ine grade-. . The As--Dui l is for the ATTEST: uLi lities shall he prior to the binder coat being A True Copy applied in the right- of--way. Such As—Built Plans shoal1. be certified by a registered civil et-)ginfz- 2er and/or pi-ofessional I -tnd ,urveyor that a ], t afove�fncntioned utilr. ties are in compliance with Town Cleric appi-oved playas bath in location and in git-ade . A€-t„ deviations will be col-rected prior to bored rc:le=a,5c- unless; the des igrr ena ineel- can document; that the. deviation is at; leant as good or- bet. t;or t.hari tat€e -approved plat-is . 1.6 190 c:er{ ific atr3 of occuipancy shall. be lssicer.-d -# or- a€iv structures built within this subdivi-;it,n wJitht''jut ?he appr-oval of the DPW. Suci-t approval will iracludF� Ei�', JI minimum that: the i-oadway can be serviced in th(, i::ir€tic mcir0,h s and that the wager- and sewer connected and can be used . 17 . All hydr.antss to have six ( 6 ) inch wC` U.?r gates i il- t -: t 1 Within the pavement area of the roadway . 18 . The i-e shall be reo driveways placed in the .lnc_at. i.earr whet-e catch basins,- oi- stone bounds at-e to be instal led It Beall be the developers vespangibi 1 it.�, to insets-e against such ill�s :ance evert if lots are to cnthQY-s aftev lot r' elease's, f'r ear to tree i1:5SLtli-,r:e cry a C;er- ti 'lic',JLe of re€- titicat;ion fi-om .-.a Regie3tered Civil l.rrgineel 3rci 'ir. PrOfe59i.01­101 L and surveyor 511811 state Lhal: t.lira e>:i s t i,eg d r- 1 vet.-Jay they dwe t 1 i riq is not In location where a catch Lras, in ex• i ,sts or weer?rG �-,tr)ncr bound is proposed . i 1 19. A 11 gate vo 1 ves comply with AWWAk.1% 52T and Uii'll be supplied with a. 1001h . 51 � ���4 ��'e gate box marked "WATER" . N�RTHt mibOVpE+R p{� 2«, The clevelouer steal l document the MI I-qa ; c � cr� ��'1'�M1(I from the site during a 10 year and 1€6 .�U ��r_, storm , especially in those areas of Thistle Road 'and NUt(n9g Lane onto Abbott Street; and Nutmeg Dane auto S.a1 :1rrr Street . Drainage computations will also bf? cortifr €-id that existing Gaff si. tn drainage facilities are capalaEe of accepting the additional storm run-off from the subdivision withoctt causing flooding and/€)r darnage tc7 private property. The drain outlet on the �;auth ;irltY of Abbott Street oppo�3i, t;e Lot 30 requir-ec:, a drain easement; as well .as topographic details to its outlet: ar,eas. Likewise the existing drainage can Rea 91;rec=:ei, to tho "unknown brocrk location" shall be dncuaieni:sad . 21 Lots 25, 26 , 27 or other suitable lots suhmitt;ed lay the applicant and accepted by the Planning Roar-d �:Azal [ be set a yi.de as a part and not built upon for a period of three ( 2 ) years €gait:hoots !"Tanning Board approval . fhi condition is in ,iccuvdancp with M .G .L. . Chapter 41 , Section B1LJ P2 . Prior- to construction theapplicant shall submit-, a detailed cortst:ructwion plan and schedule to thQ Planning Bo Lrd prior to starting construction of the subdivision. The -following plans shall he dverred approved by this decision PLANS: Entitled Definitive Subdivision Modification of Abbntt Vi ? laaf:, Estates , sheets J thru 13. PREPARED BY: Thomas E . Neve? Associates DATED: October 23, 1987 ATTEST: A True Copy `'�' Y G� Town Clerk Recorded Septo15,1988 at 11 : 19AM #22300 FORM 0Gar _ APPLICATION FOR APPROVAL OF DEFINITIVE PLAN i SvgDr L7rs75Ai moo/F t e�TroAj - To the Planning Board of the Town -of North Andover: The undersigned, being the applicant as defined under Chapter 41t Section 81-W far approval of a proposed subdivision shown on a plan entitled PC-IMMAC Su&MV IS IaI "O.Olr/c,+Troaj 146f DTT S'r 7IZUST by _�V�VE_ T�s _ dated 06-7- 73 /987 .�,.. �D21�ff �G. .!3 GfY D�.J/k�roAj le4x 1 e ATA L being`iand bounded as follows: L ,C' LAIC! OL/1/IS R�/4 ,f �rM ST. hereby si its 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. Tile References North Essex Deeds, Book Page ¢� ; or Certificate of Title No. �, Registration Book ' page ; or Other: Said plan has(vr has not( ) evolved from a preliminary plan submitted to the Board, of „19 and approved (with modifications) ( ) disapproved ( on 19wom S�CO�F/r�1T�U ��DIUIS/4�! The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Boardes 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 bylaws 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 Tv 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 paw of this application. This application and the covenants and agree- ments herein shall be binding upon all heiris, 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: � Dater ign a of Applicant Time: Signature: Address. Notice to APPLICANT/TOWN CLERK and Certification of Action of P�.f"poaard on Definitive Subdivision Plan entitledt '� t.� Byt Neye Associates dated -op t �l AK The North Andover Planning Board has voted to APPROVS said plant subject to the following conditions; ''l: 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 municipal. services, within said sub- divisiont '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 Boards 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. 4o, Other conditions; SEE ATTACHED: THIS DECISION SUPERCEDES THE ORIGINAL DECISION DATED DECEMBER 2, 1985 In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Hoard will forthwith thereafter endorse its formal approval upon said plan. ,�,nxt e�e N ` h Andover P7:4 g Board"ias D SAPP OVE sa plan�h o� the followii g" ` �� i; ' per,. ,st�`ns; NORTH ANDOVER PLANNIM BOARD Date; February 29,_ 1988 By; Pali] A- UpJ-it-rna- CbQAXWQ- -' Abbott ')iIIaCie Estates Modification of a Definitive Suhdivision Conditional Approval The following information be supplied to the Planning Board prior to the -Board signing the plans to be filed with the Registry of Deeds Office; 1 . A Water-Shed District boundary dry-termination by the Building Inspection Department for portions of lots 47 and 40 • and Thistle Road shall be received by the Planning Hoard before any construction can occur within this subdivision. H. The Planning Hoard grants the roadway length waiver- for Thistle Road (500 ` required , 1800 ' shown ) based upon the following findings ; a. The Planning Board has consistantly sought the connection of Woodberry Lane and Thistle Road for reasons of public health , safety and welfare , which address tyke following concerns; ( 1 ) allowing rapid access by emergency vehicles , (H ) the extension of Town utilities into the Abbott Village Subdivision to provide a " loop system" , (B ) allow the proper dissemination of motor vehicles from this subdivision to other locations within the Town rather than placing all the new traffic load on Abbott 13treet which is currently not constructed to Town standards. b . The Planning Hoard voted in its original 00 docision for this Subdivision in 1905 to ' regUirp the connection of Woodberry Lame and w _ Thistles Read as a condition of approval . ( The Planning Board feels that existing uI_J -'r v coi-rditipans within and adjacent to the fjj_j -eL -a" subdivision have not changed to any great C-3 ir s degree to warrant changing the Original w x..�(- 9 g g �C:) r ronditzon . .ss C . The Town has sought through court action the utilization of an eas(ament placed can the subdivison of Woodberry Lane which was placed upon the subdivision by the Planning Hoard to connect with the property which contains the proposed Abbott Village Subdivision now before the Board . d . The Hoard finds that a reduced cul-de-sac length does not address public safety concerns by reasons of the following facts : 1 ) . topography of the site , 21) . potential wetland impacts 3 ) . the shape of this parcel of land , 4 ) . the requirements of the R-3 Zoning District regarding the minimum lot area and frontage standard , and 5) other means of access - by providing excessively long driveways, or common driveways do not resolve concerns of the public health , safety and welfare of the Town or the potential residents of this subdivision. M e. The Hoard wishes to pursue the connection of Woodberry Lane and Thistle Road and the D a current design of Thistle Road allows the t easy extension of the roadway into a single thru road . However , until the connection to w � �� r Woodberry lane can be affected , the Heard is concerned with the length of the proposed dead end roadway in regards to water pressure and the excessive traffic existing onto Abbott Street from Thistle . The Board requires that a temporary cul-de-sac be constructed on Thistle Road at station 12+0 and that no roadway or lot construction be allowed beyond the cul-de-sac and no lots 43 to 52 inclusive will not be relived from the statutory covenant until the connection with Woodberry Lane can be affected . To this extent the cul-de-sac at station 10-1-0 will be removed and the street lines redesigned to a 50 foot width . 3. Periwinkle Way is classified as a minor street and shall be constructed with a G2 ' wide pavement section. The appli.cant shall provide an island which shall be landscaped and preserve the existing trees found in the area . The island and cul-de-sac: shall be constructed according to the specifications of the DPW . 4 . Nutmeg Lane shall be constructed with a 26 ' wide pavement section. Thistle Road will, be constructed with a 26 ' wide pavement section. 5 . Recorded plans shall be revised to show drainage esements with metes and bounds to include drainage to a waterway and include headwalls and detention ponds . b . Realignment of the sewer easements shall be shown on the plans as required by DPW as follows: ( a) Sewers lil-es shall be placed within the Abbott Street right--of-way to the intersection of Thistle road and then down Thistle Road right-of-way to the easement which connects the system with the existing system located within the Woodberry Lane right-of-"way. '(b ) EAtensions of the dater and sever line shall be shown in the easement located between Thistle Road and Woodberry Lane . ( c ) A sewer lane shall run within the Periwinkle Way right-of-way. A sewer' lime extension shall be shown running through lots 20 , 21 , CZO and 22 and Conn ect with the sewer- line within the Abbott Street ,right-of-way r- cis.- through lot '03 . This easement shall be 20 ' a) wide . Cn I z p Jcar.. a (d ) Due to the lack of detail and discrepancies Uj on the plans and the required modifications ce required by the Planning Board , the Board may upon its own motion require an additional Public Hearing when revised plans have been submitted and reviewed by the Board . 7. Temporary cul- de-sac easement language should be included . Note on the record plan that the Thistle Road may become a through street in the future under the Subdivision Control Law . At this time a temporary turnaround easement; shall be placed upon lots 42 and 53 . All pavement will be removed within temporary turnaround easements with the exception of driveway and services to dwellings on Lot 42 and 53 will be removed and the area loamed and seeded , upon extension of Thistle Road into Woodberry Lane , if approved . 8. Sidewalks shall be shown on one side of the roadway for both Thistle Road arid Nutmeg Larne. The following conditions are to be placed on the recorded Definitive Plan , (cover sheet ) prior to endorsement and Filing with the Registry of Deeds. 1 . Any changes as a result of action undertaken under M.G .L . Chapter 131 Section 40 or North Andover Wetlands Bylaw shall be submitted and reviewed by the Planning Board under a Definitive Modification Application . 2 . All lot numbers shall be posted during construction. 3 . Homes on common driveways in excess of 250 feet shall require residential sprinkler systems - in accordance with NEPO 13D . 4 . A bond in the amount of $16,000 for the As-Built Plans shall not be released until approved by the Planning Board . I ' 5. 'No Certificate of Occupancy shall be issued -for any structure built in this subdivision prior to the binder- coat of bituminous pavement is in place and constructed as per the plans approved by this decision . 6 . Prior to signing the Definitive Plans all executed deeds of easements shall be submitted to the Planning Board and held in escrow. Any changes in the easement shown on the plan and approved by this decision shall, be approved by the Planning Board prior to filing with the Deeds Office . 7 . The applicant shall supply BUS Stop , traffic signs and roadway markings as specified by the NAPD. 8 . The applicant shall improve the intersection of Abbott and Salem Street into a right angle design in accordance with the requirements of the Planning Board . Said improvements shall enhance the safety of CO vehicles entering this Subdivision. The applicant cc r Shall supply the Town with additional roadway �-�5,- c easements and then construct the roadway improvements ca:7-'''= Ln LO CD,)'a.a to per DPW standards subject to approved plans . e. WZ-- 9 . All sewer and water 'facilities shall be constructed in a�a,o accordance with DPW standards subject to Planning ~ Board approval . 10 . Tree cutting shall be kept to a minimum throughout the project in order- to 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 substantial cutting and filling ) to be review by the Planning Board . This plan shall expli.city include specific trees to be retained . Also the developer shall inform the Town Planner when Significant tree cutting is to occur in order- that the Planner may determine the need to be present . -tree cutting in the approved utility easements shall be kept to a minimum and within the easement . Any trees removed outside the easement lines will be replaced by the same species prior to lot release. 13 . The plans shall be revised to show construction details of all drainage control structures, box cralverts and roadway retaining wall to be approved by the DPW . le. The topographic plans shall be revised in accordance with the rules and regulations to show all proposed dwellings and driveways with proposed grading and tree cutting associated with such dwellings . In addition, the topographic plans shall show all l ) pipe sizes and inverts for drainage work outside the roadway lines with e.xisiting spot elevations at wetland crossing y , B ) all wetland replication areas in detail , S) all detention ponds with Existing and proposed spot elevations , 4 ) all grading associated with any drainage to be encompassed by an easement (easement to be also shown on subdivision plans ) . 13, . The revised intersection of Nutmeg and Salem Street wi11 show detailed grading to insure proper matching of gutter grades with Salem Street and to insure against the creation of ponding areas . Th(-_-_ drainage shall connect to a drain manhole on Salem Street . 14 . The catch basins outlet at station 9+50 on Nutmeg Lane, shall he shown. 15. As--Built Plans will be submitted to the Planning Board on an as completed basis for all drainage facilities , water and sewer and other- utilities and the roadway binder centerline grade. The As-Builts for the utilities shall be prior to the binder- coat being applied in the right--of-way . Such As-Built Plans shall be certified by a registered civil engineer- and/or professional land surveyor that all aforementioned utilities are in compliance with the approved plans both in location and in grade . Any deviations will be corrected prior to bond release unless the design engineer can document that the deviation is at least as good or better than the approved plans. 16 No certificate of occupancy shall be issued for any structure built within this subdivision without the approval of the DPW. Such approval will include as a minimum that the roadway can be serviced in the winter months and that the water- and sewer facilities are connected and can be used . 17. All hydrants to have six ( 6) inch water gates install within the pavement area of the roadway. 10. There shall be no driveways placed in the location where catch basins or stone bounds are to be installed . It shall be the developers responsibility - to insure agairrst such instance even if lots are sold to others alter- lot releases . Prior to the issuance of a Certificate of ❑ccupancy , a certification from a Registered Civil Engineer and/or Professiui-ial Land surveyor shall state that the existing driveway serving the dwelling is not in a location where a catch basin exists or where stone bound is proposed . 19. There shall be installed 3-0" gate valve at each intersections of the subdivision roads with public roadways. �ION% e 20'. 'The developer shall document the mitigation of run-off from the site during a 10 year and 100 year storm, especially in those areas of Thistle Road and Nutmeg Lane onto Abbott Street and Nutmeg Lane onto Salem Street . drainage computations will also be certified that existing off site drainage facilities are capable of accepting the additional storm run--off from the subdivision without causing flooding and/or damage to private property . The drain outlet on the South side (if Abbott Street opposite Lot BU requires a drain easement as well as topographic details to its outlet areas . Likewise the existing drainage on Rea Street to the "unknown brook location" shall be documented . 21 Lots 25, 26 , 27 or other suitable lots submitted by the applicant and accepted by the Planning Board shall be set aside as a park and not built upon for a period of three (S ) years without Planning Board approval , This condition is in accordance with H.G. L. Chapter 41 , Section OIU 22. Prior to construction the applicant shall submit a detailed construction plan and schedule to the Planning Board prior- to starting construction of the subdivision. The following plans shall be deemed approved by this decision PLANS: Entitled Definitive Subdivision Modification of Abbott Village Estates, sher,ts 1 thru 13 , PREPARED BY : Thomas E. Neve Associates DATED: October 23, 1907 '83 00t;7 I�a �1i►101.