HomeMy WebLinkAbout1998-08-04 Certification of Action Def Subdivision Ile
Notice to APPLICANT/TOVIN C 5 arld ��ication o Action. of Plte S� g cad,
o Def in�.t�-�'c Subdivision play ®r tz-� ®d:
De f initi.ve Subdivision at Brook Farm
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~_.._.. in North Andover-3 mass. _ .._ ...
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Atlantic Engineer''' & surge Gabs. 51141 8 xev. 7/7 9 8 �. ....
By, Y dated � , 19
J.. The North Andover Planni-ng Board has. voted to APPBZVE said plan, s-ub j ect to the
following conditions
That the record owners of the subject land f orthwz,th-execute and record
_ a "covenant running with the land", or othez"wIse pro-vide security- f or the corm
. . 9tructlon of wad's and. the installat � t aid sub-
ion � z �. h*
CU-7 i.aioi.t al-I as provided by GeL. c# 41, 5, 81--U,
2. That all. such coxastr ucts.on and instal•�.at�.ons shall. in all--r e sped Is _
conform to the govern=g rules and regulations of this Board, w_.. ._ ....._:.
3, That, a.s. rec�uzs�d �_the North Andover Board of eaZ h in its._report to
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this Board, no building. or other structure! shal:.l he bullt: .o placed-*upon. Lots. .
a:.•
._ . ._. Ito. . .. as shorn on. said Plan, without tha. prior..,
_._........_consent of saz.d Board of H8a7,.th. ..._. ..�..r_.._. _...... . ..::::��..,�....,
4. Other conditions.
SEE ATTACHED
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In the event that no appeal shall have been taken f rom said approval with.
twenty days from this date the North Andover Planning Boaxd will forthwith
thereafter endorse 'ts formal approval upon said plan.
The No over P'� B d has D FR�vED Is 1. for the f oLlo
g g
reason ;
kRTH ANDOVER P BOARD
Date-6 B7: '
I
r
Brook Farm Definitive Subdivision
Conditional.Approval
The Planning Board herein APPROVES the Definitive Subdivision for a seven(7) lot subdivision
known as Brook Farm.. William Antonelli, 1117 Gatewood Drive, Alexandria, VA 22307, submitted
this application on May 18, 1998. The area affected is an extension of the existing Christian way and
is located in the R-2 zoning District.
The Planning Board.makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Planning Board makes these findings m* accordance with a settlement agreement between the
North Andover Planning Board and Margaret Antonelli signed in November of 1997, which states
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in part as follows:
• The eight year zoning freeze, which became applicable to Brook Farm on June2, 1988 pursuant to
G.L. c. 40A.. sec. 6 shall expire two years and three months from the date of the filing of the
stipulation of dismissal(November 15, 1997). f:�tb ks k 2-000")
■ Any new subdivision plan for Brook Farm shall c o nfirm to the Rules and Regulations Governing
the Subdivision of Land in North Andover in effect at the time of the submission of such plan
except as noted in Condition 14.
B. The Definitive Plan, dated May 14, 1998, rev. 71719 8 includes all of the information indicated in
Section 3 of the Rules and Regulations concerning the procedure for the submission of plans.
C. The Def nitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and
Regulations except as noted in Condition 14.
ive Plan is in conformance with the purpose and intent of the S ubdiv�i sio n C o ntr o 1 Law.
D. The Definitive p�'p
E. 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 D efmitive Subdivision complies with Town B y law
requirements so long as the fo llo wung conditions are complied with:
1 Environmental Monitor; The applicant shall designate an independent environmental monitor
who shall be chosen be available u in consultant with the Planning Department. The Environmental Monitor
must upon four- (4) hour's notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the project and
file monthly reports to the Planning Board throughout the duration of the project. The monthly
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reports shall detail area of non-compliance, if any and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
folio ' g:
a All outstanding engineering comments as listed in a letter dated July 28, 1998 to the Planning
Board from John Chessia, Coler& Colantonio must be addressed and reviewed and approved
by the Town's engineering consultant.
b) A Site Opening Bond in the amount of five thousand ($5,000) dollars to be held by the Town
Gof North Andover. The Site Opening Bond shall be in the form of a check made out to the
< <� Town of North Andover that will be placed into an interest bearing 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 Road-%Nay Bond as described in Condition 4(d). This Site Opening Bond may at
the discretion of the Planning Board be rolled over to cover other bonding considerations, be
released in full, or partially retained in accordance with the recommendation of the Planning
Staff as directed by a vote of the NAPB.
c) The applicant must submit a draft covenant running with the land prohibiting further
subdivision land of any lot shown on the plan for review and approval by the Planning Board.
(per settlement agreement) S�bCy�� �� 1 k-(D
d) The applicant must submit draft deeds for lots 3, 4 and 5 containing language regarding
maintenance of the landscaped cul-de-sac island. It shall be the duty of these lot owners to
maintain the landscaped island in the middle of the cul-de-sac in a neat and attractively _
vegetated condition. Each owner shall contribute one-third of the cost of doing such work if
the work is not physically done by the owners. The Town of North Andover and the owners
e_.V� of the lots shall have the joint and several right to enforce this provision. The restriction shall
rim with the land. A sample copy of the proposed language is available in the Planning Office.
/i e final subdivision plans must be reviewed and approved by the outside consultant,the
Planning Department and D.P.W.
A covenant(FORM 1) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as requested in Condition 4(d).
g) e applicant must submit to the Town Planner a FORM NI for all utilities and easements
placed on the subdivision.
h 1 application fees must be paid in full and verified by the Town Planner,
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ale applicant n.ust meet wit the Town Planner M order to ensure that the plans conform to
the Board's decision. A full,set offna.plan r�e .eeting the changes outlined above, must be
submitted to the Town Planner for review endo r cement by the P la nng Board, wit.hin ninety
(90) days of g the de e to n with.the Town Clerk.
) The Subdivision Decision for the project must appear on the rnylars,
l:) A-U documents shall be prepared at the expense of the appdcant, as,required by the Planning
Board Rules and Re gulat o ns Governing the Subdivision of Land.
3) Pn*or to ANY WORK on the site,
) Orange fence or yellow caution tape must be placed at the edge ofthe tree canopy of the limit
of clea-m* g line as shown on the plans. The Planning Staff must be contacted prior to any
cutting and or clearing o i site., As may trees as possible must be preserved on the site outside
of the limit of clearing Vine.
b) All erosion control measures as shown on the plan and outlined In the erosion control plan
must be M place and reviewed by the Town Planner.
4) P or to any loots hen released from the statutory covenants:.) Tree ) complete copies of the endorsed and recorded subdivision plans and one L) certified
copyof follower documents: recorded subdivision approva, recorded Covent FORT
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I), M. ro e e,and recorded O I�. m be
s ubmitted to the Town Planner as proof of recording. C -,n r,�,O er Q-
b) All site erosion control measures required to protect off site properties from the effects of` orb
on the lot proposed to be released must be In place. The Toga Planning Sty'shall detenuffie
whether the app lic t has satis ro fied 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.
e) The applicant must submit a lot release FORM J to the Ptanning Board for signature.
d A Performance Seems an amount to be deters m' ed by the Planning p the
) � � hoard, upon
recommendation of the Department of Public Work ��, s be posted to ensure completion of
the work "in accordance with the Plans approved as part of this conditional,approval. The bond
must be In the form of a.check made out to the Town of North Andover. 11-iis cheek will then
be placed in an interest bearing escrow account held by the Town. Items covered by the Bond
may include, but shall,not be limited to
D as-built drawings
1l.) sewers and utilities
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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
S) Prior to a FORM ICJ verification for an individual lot, the followm' 9 information is required by the
Planning Department:
a) An as-built plan must be submitted to the Division of Public Works for review and approval
prior to acceptance of the sewer appurtenances for use.
b) The applicant must submit a certified copy of the recorded FORM J referred to in Condition
4(c) above.
c) A plot plan for the lot in question must be submitted, which includes all of the fo llo wing:
i) location of the structure,
ii) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands and any site improvements required under a NACC order of
condition,
vi) any grading called for on the tot,
vii) the limit of clearing,
viii)all required zoning setbacks,
Lx) Location of any drainage, utility and other easements.
d) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
e)l Lot numbers, visible from the roadways must be posted on all lots.
6) P rio r to a Certificate of occupancy being requested for an individual lot, the following shall be
re quire :
a Prior to occupancy of Lot 7, white pine trees must be planted along the boundary between the
p y
emoting home located at 116 Christian Way and Lot 7 to provide and adequate screen as
determined by the Planning Board between the existing home and the proposed home.
b) Sprinkler systems must be installed in all homes per NAFD requirements.
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c) 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 app lic ant shall ensure that all re quire d
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.
d) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission..
e) Permanent house numbers must be posted on dwellings and be visible from the road.
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 individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
7) Prior to the final release of security retained for the site by the Town,, the following shall be
completed by the app lic ant:
a) The applicant is expected to make a contribution to the sidewalk fund an amount equal to the
cost of constructing a sidewalk along one side of the roadway as determined by the DPW.
b) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department
for review and approval.
c) Certified copies of the recorded deeds to lots 3, 4 and 5 mint be submitted to the Planning
Department for review. These deeds must contain language regarding the maintenance of the
cul-d-sac island as required by Condition 2(d) above.
d) The applicant shall petition Town Meeting for public acceptance of the street. Prior to
submitting a warrant for such petition the applicant shall.review the subdivision and all
remaining work with the Town Plamer and Department of Public works. The Ph-uming 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 i 1sure that all proper,deeds and easements
have been recorded at the Registry of Deeds.
e) The Applicant 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.
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S) 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.
9) There shall be no burying or dumping of construction material on site.
10)The location of any stump dumps on site must be pre-approved by the Planning Board.
11)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
13) 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.
1 4)The fo llo wing waivers from the Rules and Re gulatio ns Governing the Subdivision of Land,North
Andover, Massachusetts, revised Febnm y, 1989 have been granted by the Planning Board:
a) Section 7(A)(4)Dead-End Streets: The Plaanning Board has determined that it is in the public
interest to waive this section in order to allow a dead end street of substantially the same length
originally approved for the Brook Farm Subdivision in 1988, provided that sprinkler systems
are installed in each of the homes to be built in the new subdivision., [per settlement agreement}
b) Section ADD) Sidewalks: The Planning Board has determined that it is in the public interest to
waive this section as this subdivision will extend an existing roadway which does not and will
not have sidewalks constructed on it. The applicant will be expected to make a contribution to
the sidewalk fund an amount equal to the cost of constructing a sidewalk along one side of the
roadway as determined by the DPW.
1 S)This Definitive Subdivision Plan approval is based upon the fo llo wing info rmatio n which is
incorporated into this decision by reference:
a) Pions Entitled: Definitive Subdivision at Brook Farm
North Andover, Klass.
Prepared for: Margaret Antonelli `
1117 Gate-wood Dr.
Alexandria., VA 22307
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Engineer: Atlantic Engineering & Survey Consultants Inc.
97 Tenney Street—Suite 5
Georgetown., NIA o 183 3
Date: May 14, 1998, rev. 717198, 718198, 814198
Sheets: 1 through 7
b) Reports entitled: Hydrologic Report for Brook Farm Definitive S ubdivisio n
N. Andover, NIA
Prepared by: Atlantic Engmneering & Survey Consultants Inc.
97 Tenney Street--Suite 5
Georgetown, NIA 01833
Date: 5/12198
cc. Conservation Administrator
Director of Public works
Health Administrator
Building Inspector
Po lice Chief
Fire Chief
Assessor
Applicant
Engineer
File
Brook Farm- subdivision
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