HomeMy WebLinkAbout1998-10-22 Application & Certification of Action DEF SUB rt e e
m
A "PLICATION FOR APPROVAL OF DEFINITM P fi 0 R" 1 11 1-1 ,1 E
-7 wI
To the P Board of, the Townof North over:
The undersigned, be the applicant as defined under Chapter 41 f Section
81wLj for approval of a proposed subdivision shown rn n a plan it, e
UY o
b ", " ; ± " 04- IV C allUs ", dated 9 b
IN
being ,hand bounded as follows uimaQwe-m
Umvi OF- Cromwot Of VA Zebu) 1%Y
ko-171' Scxj�GXNrMIX 214 aT6=AO%-T q3,4 Tc
here submit s said plan s 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, pans
Title R,eferenceo North Essex Deeds, Book , Page or
of
Certificate of Title No. Registration Book page � r
Other:
Said plan has, has not evolved from a preliminary Ply sub
mitted t
the, Board of 6 14
aisap ed 1� I "all
The unders geed bereby applies for the approval of said DEFINITE ply
by the Board and in furtherance thereof hereby agrees to abide by the Board's,
Rules and Regulations a The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Bow*
1. To inst utilities in accordance with the rules and regulations of the
Pi Board, the Public Works Department, the Highway Surveyor, the
Board f Hea th q and all general eral as well as zoning bylwlawls of said d T
as are ,applicable to the inst scion of utilities with the limits of
ways and streets;
2. To complete and construct tract the streets or ways and other improvements shown
thereon in accordance! with Sections Iv and V of the Rules and Regulations
of, the Planning Board and the approved DEFINITIVE plug profiles cross
sections, of the same, Said plan, profiles, cross section and construction
specifications are specificallyg, by reference, incorporated herein and made
a part of this application. This sprat .on and the covenants and afire
menu herein shall be binding upon all heirs# executors, administratorsp
successors, grantees of the whole or part of said land, and assignsf the
undersigned, d
3# To complete the aforesaid installations and construction within two (2),
years from, the date hereofo
Received by Town Clerk N
-nvo%2��C-r
S e 0 Applicant
Time
Ma. (4016
Signature* Address
,rk
Notice to APPLICANT/TOWN CIMK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
By: dated 19
The North Andover Planning Board has 'vot ed to APPROVE said p1.an1 subject to the
following conditions:
1. That the record owners of the sub,j ect land forthwith execute and record
a "covenant running' with the land", or otherwise provide security for the con&,
struction of ways and the installation of municipal services within said sub-
division,t aa.l. as provided by G.L. c. 41.E S. 81- U.
Z. That all such construction and instaZl.ations shall. in all. respects
conform to the governing rules and regulations of this Board.
3. That i as required by the North Andover Board of Health in its report to
this Board$ no b ding or other structure sha1.1, be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions
In the event that no appeal shall. have been taken from said approval within
twenty days from this date f the North Andover Plaming Board will forthwith
thereafter endorse its foetal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER P LANNI M BOARD
Date: By:
Al
p � 0�� (ti p
FO,
E
Ljs--i 10 1
-7,
a
T THE PLANMN G
TO
' N F NORTH AND OVER*
then rep
an ent t
namedt the above plan and cc m anyi n data s true
yarin
,
and
sthe curre
ect to the a c in racy required y
•
and
Andover ) Massachusetts )
vern i n g the
S ub d n Lind r t.
t the location f u�nd �r a shown on
y su�r .
pl, an were one or more of the
,
Deed from
t `
and recorded n the 5S
dated
e qistry in Bock Pa,ge S4b
* Other plans , 1 n �
10 4r,C) Am DO e-Ya.. QO%3 Qu
.x W
.Oral information furnished b
the aiound from a
4,, Actual measurement-
s t rt � n nt stal i s ed
Py
5 Other Sources � _
' WF1Nr.Wwr" wirWrl' •
sA
w r%n'{F:ry,,.ygri.s. r ♦ �'M, w. nx w.x..
.x a "wnrM.t"IMNa •' .'w
S d
w/w•" Syr+rxAMlw.
Re
�Ww
• "'� f r"'.,.."fey,.w
a
,ils�t e reA P r,0 f e s sl o n Al. En g
r, . .L a n d Surveyor) ,
" .
. .
&ALAA UN"O.,
OF A � �
.i. � � VA . x.wwww
"
W .
6 lye
QHEN M. "1101 T, *rA0taTV4L
E CIUC
S IR
r
:.,,,., •+' z xsar u� Ywc= � �r:arr {s�iw, �rs
rr= tax
Notice to APPLICANT/TOWN CLERK and Certification of Action of PlannIng Board
on Definitive Subdivision Plan entitled: Lyons Way_
By; Marchionda & Associates dated 6/24/98 rev; 8/12 19
9/3, 9/9, 9/28/f 1998
The North Andover P g Board has 'vot ed ,to APPROVE said planf subject to the
following conditions
1. That the record owners of the subject land forthwith execute and record ►.
a "covenant running with the land", or otherwise provide security for the con,
structi.on of ways and the installation of municipal services within said sub--
division, all as provided by G.L. c. 41., S. 81 -U. �
2. That all such construction and installations sha11 in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no balding or other structure shad be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4* ether conditions:
SEE ATTACHED TM Copy
N I:I...r
• a..ry.Wr L!Is��Y i f y�� �wn• r"'w.wr,r� ��
nr
T ,
�M
In the event that no appeal sha11 have been taken from said approval within
twenty days from this date, the North Andover Pl. �.ng Board will forthwith
thereafter endorse its formal approval upon said plan. M
The Nort Andove Planning Bo has DISAPPROVED said Zan, for the f oll.owing,_ - �
,,
reason ��.. 0
CD
144 JJ CL
44
r�
pcf�.
NORTH ANDOVER PLA.NNIM BOARD
Da October 22, 1998d L Mi
te: By.
Richard S. Rowen
r
r
�t r
Lyons way Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a seven(7) lot subdivision
known as Lyons Way. Ken Gran dst4 MPG, 11 Old Boston Road,Tewksbury, MA o 1876,
submitted this application on July 15, 1998. The area affected is located off of Campbell Road 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 Definitive Plan, dated 6/24/98,rev. 8/12/98, 913198, 919195 includes all of the information
indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and
Regulations except as noted in Condition 16 Waivers.
C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law.
D. 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 P Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shad designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor
must be available upon four- (4)hour's notice to inspect the site with the P Board
designated official. The Environmental Monitor shall make weekly inspections of the project and
file monthly reports to the P Board throughout the duration of the project. The monthly
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 P Board the applicant shall adhere to the
following:
a) The name of the street must be reviewed and approved by the E911 coordinator.
b) AR comments listed M' a Memo from.James Rand,Director of Engineering,DPW dated August
185 1998 must be adequately addressed as determined by the DPW Department..
c) A Development Schedule must be submitted for signature by the P Board,which
i
s tu�
low.twxz rleX
i g_a sfx] e1 r s4 ~
#e n R: 1eY lam idx:
L l t: t-
conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show
building permit eligibility by quarter for all lots.
d) A Site opening Bond in the amount of five thousand ($5,000) dollars to be held by the Town
of 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 night 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 Roadway 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.
e) The final subdivision plans must be reviewed and approved by the outside consultant,the
Planning Department and D.P.W. All final comments from the DPW must be incorporated
into the plans.
A covenant(FORM I) 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) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
r
3
S
jr
1
�'h) All application fees must be paid in full and verified by the Town Planner.
} The applicant must meet with the Town Planner in order to ensure that the plans conform to
the Board's decision. A.full set of final plans reflecting the changes outlined above,must be
submitted to the Town Planner for review endorsement by the P nik Board, within ninety
(90) days of filing the decision with the Town Clerk.
j) The Subdivision Decision for this project must appear on the mylars.
jiko All documents shall be prepared at the expense of the applicant, as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
3) Prior to ANY WORK on the site,
a) Yellow"Caution"tape must be placed along the limit of clearing as shown on the approved
plan. The P Staff must be contacted prior to any cutting and or clearing on site.
b) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be in place and reviewed by the Town Planner.
2
Z=T oil= � � � 6dTi IC
4) Prior to any lots being released from the statutory covenants:
a) Three(3) complete copies of the endorsed and recorded subdivision plans and one(1) certified
copy of the following documents: recorded subdivision approv recorded Covenant(FORM
I),recorded Growth Management Development Schedule,reco red maintenance agreement.
for the landscaped cut-de-sac island and recorded FORM M musfi be ubrn teed to the Town
Planner-as px6orof f oTd g.
b) 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 shall determine
whether the applicant has satisfied 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.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
'
d)Ilk Performance Sec in an amount to be determined b the Plan Board,upon the
// recommendation of the Department of Public works, shall be posted to ensure completion of
a�
V 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. This check 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:
i) as-built drawings
H) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vii) site restoration
viii)fin.a l site cleanup
A Performance Security may be established for each phase individually.
S) Prior to a FORM U verification for an individual lot,the following information is required by the
Planning Department:
a) Trees and vegetation must be removed at the entrance to Campbell.Road as outlined on the
plan in order to improve sight distance for westbound vehicles. The applicant shall also cut
and maintenance trees and vegetation to a height of not more than three feet along the property
frontage and extending to a depth of up to eight feet into the property.
b) Reverse curve warning signs must be installed along appropriate sections of Campbell Road.
3
r
c
!lr1.. LD S 1SL X., W49 IV
The signs must be installed in conjunction with the Police Department and DPW and to the
extent possible as governed by row and lateral obstructions, in accordance with MZJTCD
standards. (Manual on Uniform Traffic Control Devices)
c) A"Stop"sign and stop bar must be installed on Lyons Way at the entrance to Campbell Road.
The signs must be installed in conjunction with the Police Department and DPW and to the
extent possible as governed by row and lateral obstructions, in accordance with MUTCD
standards. (Manual on Uniform Traffic Control Devices)
d) 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.
e) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and
staked at a minimum.
f} The applicant must submit a certified copy of the recorded FORM J referred to in Condition
4(c)above.
g) A plot plan for the lot in question must be submitted, which includes all of the following:
i) location of the structure,
u) 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,
vn) any grading called for on the lot,
vii) all required zoning setbacks,
viii)Location of any drainage, utility and other easements.
h) All appropriate erosion control measures for the lot shall be in.place. The P Board or
Staff shall make final determination of appropriate measures.
i) Lot numbers, visible from the roadways must be posted on all lots.
6) Prior to a Certificate of occupancy being requested for an individual lot,the following shall be
required:
a) Sprinkler systems must be installed in all homes per NAFD requirements.
b) 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 shall ensure that all required
inspection and testing of water, sewer, and drainage facilities has been completed. The
4
e F
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.
c) All necessary permits and approvals for the lot in question shall be obtained from the Forth
Andover Board of Health, and Conservation Commission.
d) Permanent house numbers must be posted on dwellings and be visible from the road.
e) 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 secu nky retained for the site by the Town,the following shall be
completed by the applicant:
a) The applicant is expected to make a contribution to the sideway fund in 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) 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
rernaming work with the Town Planner and Department of Public works. The P 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 insure that all proper easements have been
recorded at the Registry of Deeds.
8) 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.
9) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign
permit as required by Section 6 of the Bylaw.
1 0)The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by pernit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State
5
¢ f
C L• L, t
Wa.
Statute and only with the review and approval of the Fire Department and Conservation
Commission.
11)There shall be no burying or dumping of construction material on site.
12)The location of any stump dumps on site must be pre-approved by the Planning Board.
13)The contractor shall.contact Dig Safe at least 72 hours prior to commencing any excavation.
14) Gas,Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
15)Any action by a Town Board, Commission, or Department which requires changes in the roadway
alignment,placement of any easements or utilities, draffiage facilities, grading or no cut lines,may
be subject to modification by the Planning Board.
1 6)The following waivers from.the Rules and Regulations governing the Subdivision of Land,North
Andover,Massachusetts,revised February, 1989 have been granted by the P ' Board:
a) Section 7(A)(4)Length of Dead-end Street: This parcel is long and thin in shape and is
surrounded by State Forest]anal.
b) Section 7(C)(1) Shoulder width: This waiver if granted in order to m' ' the impact of a
wetland crossing associated with the construction of the proposed roadway.
c) Section 7(D)(1) Sidewalks: Due to the remoteness of this roadway and the small number of
homes proposed, a donation will be made to the sidewalk fund.
d) These waivers have been granted in an effort to i imize the amount of cutting and filling
required on site thereby decreasing the amount of erosion and siltation on site.
17)The utilities must be installed and the streets or ways constructed to binder coat by October 22,
2000 (two years from the date permit granted).If the utilities are not installed,the streets or ways
are not constructed to binder coat and the Planning Board has not granted an extension by the
above referenced date,this deft nitive subdivision approval will be deemed to have lapsed.
18)This Def nitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Plans entitled: Definitive Subdivision Plan,Lyon way,North Andover, Massachusetts
Prepared for: Mesiti Development Corporation
11 Old Boston Road
Tewksbury,Massachusetts
6
R
f
91,
fill
Prepared by: Marchionda&Associates,L.P.
62 Montvale Avenue, Suite 1
Stoneham,MA 02180
Dated: 6/24/98,rev. 8/12/98, 913198, 919/98, 9/28/98
Sheets: 1 through 12
b) Report Entitled: Statement of Environmental Impact for Lyons Way
Campbell Road,North Andover,Massachusetts
Dated: June 25, 1998, rev. July 2, 1998
Prepared for: MPG Realty Corp.
11 Old Boston Road
Tewksbury,MA
Prepared by: Elmer A. Pease,H CPM, EA
PD Associates, LLC Real Estate Consultant
1600 Candia Road, Suite 7
Manchester,NH 03109
cc. Conservation Administrator
Director of Public Works
Health AdmffiLqmtor
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Lyons Way- subdivision
7