HomeMy WebLinkAbout1993-06-01 Certificate of Action Definitive Subdivision Plan Y f
f l2l+ff
5
Y
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Deft v Subdivision Plan entitled: Hickory Hill Estates Phase_ II
Subdivision and Phase 1 Proposed Revisions
B Scott L. Giles, R.L.S. dated 2 .�,�.
The North Andover Planning Board has voted to APPROVE said par► subject to the
following conditions.
. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the core.
struction of ways and the installation of municipal services within said sub
division, all as provided by G.L. c. 41, S. 81owU.
2. That all such construction.on and installations shall in a3.1 respects
conform to the governing rules and regulations of this Board.
3. Whatt as required by the North Andover Board of Health in its report to
this Boards no building dig or other structure shams. be bit or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
Other conditions;
SEE ATTACHED
}
n the egret that no appeal shah, have been taken from said approval within
twenty days- from this date, the North Andover P . nning Board will forthwith
thereafter endorse its forma, approval upon said plan.
It- VU-
W TH ANDOVER P 41ag
NG BOARD
a,,,- C?! %waAQn)
2d,6L
Bate
June 1, 1 0 Richard A. arde l l a, Chairman
4
5
i
r
Hickory Hill Estates Phase II
Definitive Subdivision Modification
Conditional Approval
The Planning Board herein approves the Modification of the
Definitive Cluster Subdivision Approval dated April 12 , 19910
This Modification dated Aril 26, 1993 , is requested by Torn
ahoruilo, and concerns the construction of the remaining 14 Lots
of the 40 lots originally approved.
This approval is also ]used on an existing Special Permit
approval for a PRD on this site dated March 9 , 19916
Based on the above information,ation, the Planning Board makes the
ollowing f findings as required by the Rules and Regulations
Governing the Subdivision of Lard:
A. The Definitive Plans, dated April 21, 1993 , include all o
the information indicated in Section 3 of the Rules and
egulations concerning the procedure for the submission o
plans,
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations.
C. The Def initive Plan is in conformance with the purpose and
intent of the Subdivision control. Law.
D t The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, townby-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 applicant
complies with the following conditions
11 Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following.6
a. The applicant must meet with the Town Planner in order
to ensure that the plans to be endorsed conform with
the Board ' s decision.
b A detailed construction schedule rust be submitted as
part of the plans,
c, A► covenant Form securing all lots within the
subdivision for the construction of wars and municipal
services must be submitted to the Planning Board. Said
lots may e released from the covenant upon posting o
i }
5
I
security as requested in condition o .
d. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office,
e. The applicant must submit to the 'down Planner a FORM M {
for all utilities and easements l a e on the
subdivision. The Board will sign the document and it
must be filed with the Essex North Registry of Deeds.
ft All drainage, and sewage facility designs shall be
approved by the North Andover Division of Public Works.
Provisions for water 'intrusion mitigation must be
included in the design and shown on the construction
schedule rewired in Condition I b .
g. All conditions listed herein, which shall rec uire
action by the applicant after endorsement, shall b
placed on the final sheet of the Record Plans which
will be presented for endorsement by the Planning
Board.
h. All application fees must be paid in full and verified
by the 'down Planner,
All documents required by the Planning Board Mules and
Regulations Governing the Subdivision of Land, must be
~eared at the expense of the applicant.
2. Prior to the start of construction:
a, The record Plans must be endorsed by the Planning Board
and recorded by the Applicant with the Essex North
Registry of Deeds.
b. The applicant shall post a Performance Guarantee in the
amount o $5, 000 (five thousand dollars to be held by
the Town of North Andover, The Guarantee shall be in
the fora of a check made payable to the 'down of North
Andover escrow account. 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 Security as
described in Condition 3 c below. This Performance
Guarantee may, at the discretion of the Planning Board,
be released in full , or partially retained in
accordance with the recommendation of the Planning
Staff and as directed by the vote of the North Andover
Planning Board,
2
Prior to any lots being released from the statutory covenants
a* All site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff will judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
b. The applicant must sb .t a lot release FORM J to the
Planning Board for signature,
c. A Performance security in an amount to be determined by
the Planning Board, upon the recommendation of the
Department of Public 'Forks, shall be posted to ensure
completion of the work in accordance with the Plans
approved as part of this conditional approval. Items
covered by this security may include, but will not be
limited to:
i. as-built drawings
ii, sewers and utilities
.ii . roadway construction and maintenance
iv. lot and site erosion control
Vol site screening and street trees
vi . drainage facilities
ii. site restoration
viii. final site cleanup
d. All proper documents and easements required through
Condition 1 must be in place.
Prior to a FORM U verification (Building Permit Issuance)
for a individual. lot, the following information is required
by the Planning Department
. The applicant rust submit to the Town Planner proof
that the FORM M referred to in Condition f above,
was filed with the Registry of Deeds office.
b. Three 3 complete copies of plans and two 2 copies
of all documents containing registrar of deeds stamps
must be submitted to the Town Planner as proof of
filing.
c. A plot plan for the lot in question must be submitted,
which shows all of the following.
io location of the structure,
ii, location of the driveways,
i i i. location of the septic systems if applicable
iv. location of all sewer lines,
k
Y
v, location of wetlands and any site improvements
required under a North Andover conservation
Commission (NACC) order of condition,
vi. any grading called for on the lot, and
vii . all required zoning setback
d. All appropriate erosion control measures for the lot
must be in place. Final determination of appropriate
measures shall be made by the Planning Board or staff.
e. All catch basins must be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
The lot in question shall be staked in the field. Any
major departures from the record plans rust be pointed
out to the Town Planner, The Town Planner will verify
that the changes will net require a modification to the
decision.
Lot numbers, visible from the street, must be posted on
all lots.
Prior~ to a Certificate of occupancy being issued 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
must ensure that all required inspection and testing of
sewer, and drainage facilities has been completed. The
applicant must submit to the IP6wn Planner an interim
as-built, certified by a professional engineer,
verifying that all utilities have been installed in
accordance with the approved plans and profile sheet.
b. All necessary permits and approvals for the lot in
question must be secured from the North Andover Board
f Health, and Conservation commission.
c. Permanent house numbers must be posted on dwellings and
be visible from the road,
d. All slopes on the lot in question must be properly
stabilized, as judged by the Planning Staff.
e. There sh.al.l be no driveways paced where stone bound
Monuments and/or catch basins are to be set. It shall
be the developer ' s responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
4
1
4
41
driveway is at a catch basin or -stone bound position.
6 * Prior to the final release of security retained for the site }
by the Town, the following must be completed by the
applicant
An as-built plan and profile of the site must be
submitted for review and approval.
b. The applicant shall petition Town Meeting for public
acceptance of the streets. Prior to submitting
warrant for such petition the applicant must review the
subdivision as shown on the referenced plan dated Jan.
11 1993 with further revisions and all remaining work
with the 'down Planner and Department of Public works.
The Planning Board must hold a portion of the
subdivision security 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 a l l proper easements have been recorded
with the Registry of Deeds,
CO The Town Planner will ensure that all planningr
conservation commission, and department of public works
issues and conditions are satisfied and that
construction was in strict compliance with all approved
plans and conditions .
The Planning Board in conjunction with the Department o
Public Works s has determined that Hickory Hill Road must be
brought up to town standards and accepted as a public way.
The previous approval for this roadway as a private way is
hereby rescindedf As such, the applicant must adhere to the
following.
a. The pavement width in Phase l will be expanded to
twenty-four feet. The roadway to be constructed
as part of Phase II will be constructed to a pavement
width of twenty-four 2 feet.
b. The applicant must comply with the Department of Public
Works standards,
A twenty 20 foot conservation restriction must be placed
along the boundary of lots 37 , 36, 35, 34 , and 33 and the
Maaren] o Farm Conservation Land
The applicant will provide an easement to the Town of North
Andover to allow for access to public lands located at the
Ma arenl o Farm. The easement shall be 101 wide and
indicated on the plan with the following language,
5
F 3 f` 4 J4
F
i
i
A public access easement granted to the Town of North
Andover to allow for access to public lands located at
the Ma ar eno Farm, �f
10, Two to two and one half inch caliper 2-2 . 5 i1 street tree
are to be placed every fifty o 1 feet along both sides o
all new roadways where deemed necessary y the Tree Warden
in conjunction with the Planning Staff, A variety o
species must he planted. Tree species will he approved by
the Free Warden,
1, The applicant shall adhere to the following requirements o
the Fire Department.
a. open burning is allowed by permit only after
consultation with the Fire Department,
Underground fuel storage will be allowed only within
the Town Bylaws and state Statute and only with the
review and approval of the Fire Department and
Conservation Commission.
12 . Tree cutting shall be kept to a minimum throughout the site
in order to minimize erosion and preserve the natural
features of the site. The developer shall inform the Free :.
Warden when tree cutting is to occur. The 'free warden may
pre-approve any major tree cutting.
, Any action by a 'down Board, Commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut lines, shall require a modification of this decision by
the Planning Board.
. There shall be no burying or dumping of construction
material on site.
15 , Any signs utilized for this project must obtain a sign
permit as required by Section 6 of the Bylaw and will be
reviewed by the Town Planner. The Planning Board will
review any entrance sign structures.
16. 'he contractor shall. contact Dig Safe at least 72 hours
prior to commencing any excavation.
17 , Gas, Telephone, Cable, and Electric utilities shall be
installed as specified by the respective utility companies,
186 All construction shall commence by two 2
gears from the date of this approval. and shall be completed
y five gears from the date of this
i
i
approval) .
1 . The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees,
contractors and subcontractors, and all successors in
interest- or control,
20, The following waivers have been from the Rules and
Regulations Governing the Subdivision of Land granted by the
Planning Board
a. Section a a l low the grade of the street t
exceed six percent (0) . The Board agrees to waive
this requirement due to the steep topography of the
site and to the limited access to the site.
b. Section 7 d : waive installation of granite curb
in locations of street grade greater than six (6%)
percent provided that cape-cod berm is installed on
both sides of the road throughout the entire
subdivision, including Phase I .
c. Section 7 Dead-End Streets: The Planning Board
waives the street length maximum of 60 feet. The site
is surrounded by conservation land thus the roadway
will never connect to any other subdivision, The
topographer of the site prevented the looping of the
roadway.
d. Section 1 allow shoulders less than eight S
feet in cut and fill areas between Barker Street and
Station 11+0 to reduce erosion and to limit the amount
of cutting and filling required,,
e. Section 7 D 1 : waive construction of sidewalks for
the entire subdivision provided that the applicant
contributes $5 400 to the 'down of North Andover
sidewalk fund. The Planning Board has determined that
due to the steep grades along the existing roadway and
the topographer of the Phase 11 construction, that
sidewalk do not need to be constructed. However, in
lieu of the construction of the sidewalks, the
applicant will be expected to contribute to the town' s
sidewalk fund.
Section N 1 allow existing P. . . drain pipe to
ex ai.n subject to D. .w. inspection and submission o
as-built plans by the applicant.
1. This ]definitive Subdivision approval. is . based upon the
following plans
. Plans Entitled: Subdivision Plan of Land
7
i
4-
}
}
i
n North Andover Mass*
Hickory Hill Estates Phase 2
Dated: April 21 , 1993 with further
revisions ; µ
i
Owner: George R, Barker Jr.
1267 Osgood Street
No. Andover, MA {
Engineer. Scott Lo Giles
50 Deereadov Rd
No. Andover, MA
22 . The Def in .tive Subdivision Modif ication is based on the
following Special Permit Approvals
. Hickory Hill Estates
Special. Permit Conditional Approval
dated September 23 , 1988
b. Hickory Hill Estates
Modif ication of the Special Permit conditional Approval.
dated March 9 , 1 910
cc, Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
`ire Chief '
Assessor
Applicant
Engineer
File
Hi k r i1+12 . subd
8
i
I
� l a
I
I
I
M*Lckory Hill Estates }
PHASE II Subdivision Plan
Phase I Proposed Revisions
April 2 , 1993
Existing Conditions
Phase 1 consists o 2 1/2-acre single family house
lots which were approved along with the private way on
/ 91. The road and all underground facilities includin
water, sewer, naturkal.
� gas, cables and drainage have been i
place since /91, and servicing residents since /91.. As o
4/9 , l families have moved into completed homes at
Hickory Hill Road, and more homes are scheduled for
Completion and occupancy by /9 .
Hickory Hill Road is a 22'-wide paved (bander) road set
within a standard 501 right-of-way on a portion of what was
previously the Barker Farm, George Barker, Jr. committed +
o hilly acres of the farm to this development, which .is a
total 40-lot PRD, The development was consolidated on +-25 and the remaining +-55 acres was easemented to the town
for conservation and preservation. Roadway Vrades up to 10
were allowed to 1 i
n�.n�m�. e disruption to the site, a wide
buffer from the perimeter of the parcel was included, a l l
homes are fitted with .ire sprinkler ler systems, andprotective
covenants were established to restrict the homes to colonial
or traditional designs. The only nonstandard fper town
reels.) materials used were some of the drain i es, which are
vc instead of concrete,
All town departments ents have been satisfied during
construction, all systems have functioned properly, and all
Conservation orders have been met.
Homes constructed at Hickory Hill are all highest-
uality, range from 60-200 square feet, and have sold from
10, -2100, we have excellent relationships with all
departments of the town. There have been no service,
maintenance, access or safety issues of any consequence.
Proposed Revisions to Phase I
1.. widen the paved roadway from 22 ' to 24 ' through the entire
Ph
ase,
2 , Apply leveling course, finish paving and cape cod berm to
the entire roadway.
Regrade/stab.l i a the East shoulder to Pw satisfaction.
Rebuild/mortar all headwalls as Pw dictates,
Re-certify detention area and clear all drains; rework
detention area if required by P O
. Document all drainpipe specifications for Pw files,.
. Provide signage/ lantings/bounds as required.
I
IM1
i
I
i
i
I
Proposed Phase II Subdivision
1, 1 Additional lots, per the /91 approval of the
Modification to the PRD granting a density o total
lots*
2 . The roadway will be a +-9001 extension to the existing
roadway, The cul-de-sac design will significantly
minimize site disruption and eliminate some 1.0% road
grades, as well as provide good rather than marginal
building sites.
2 ' roadway width, cape cod berm entire length, town
specifications,
1 F wide pedestrian easement to provide access to the
abutting Mazaren o Farm conservation land.
' buffer from parcel line will carry-oven from Phase I.
. Fire sprinkler systems will be installed in all homes.
. Protective covenants will carry-over from Phase I • home
prices are expected to be $190, 000-260, 000 ,
. water was already looped through French Farm in
Phase ; sewer access is provided through the Flowage
pumping station into the municipal system.
9. The plan for Phase II includes a request to donate Lot 27
from Phase I to the town to increase its' open space, in
return for an alternative lot with a more desirable
buildinq site in Phase I (total, lots would remain at40) d
Lot 27 is an extremely difficult building site (which is
contiguous with other preserved lands which would require
F
extensive clearing, exca vation, and genera. disru tion,
compared to the alternate site,
10* A conservation restriction of 30f will be placed along
the border of the Mazarenko Farm and this development,
Points to Emphasize
This is an existing road and subdivision which has been
functioning without issue; we have a known entity with the
road installation functioning services and drainage,
absolutely satisfied residents, committed develo er builder
with long-term m o n residence and permanent residence in the
subdivision] , and excellent relationships with every
department
ment n the town.
Building
conservation
Fire
Health
Planning
Police
Public Works
Expected Concerns at Public Hearing