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HomeMy WebLinkAbout1995 & 1987 Decisions DEF SUB •r .4 4279PG BK COMMORW ALTH OF MASSACHUSETTS SUPBRTOR COURT DEPARTMENT CIF THE TRIAL COURT BSSEX DIVISION MCKST #94-20 9 L I THA FLYNN, TRUSTEE of LONG PASTURE REALTY TRUST, � -���' �� �"�• ' end RO$$t#T H wMINAS BAR r TR"USTSS OF ESSSN REALTY TRUST DAYID �INICUCCI, TRUSTEE OF MAIN 8TR$ST REALTY TRUST ` VS: TOWN OF NORTH ANDOVER r and RICHARD NARDSLLA t JOSEPH MMONSY, R1CRARD -ROWEN-1 JDHN 1IMONS and JOHN VAGHLIAN, AS MSMARRS OF THE PLANNING BOARD OF THE TOWN CF NORTH ANMV-SR Now come *11 parties and -do hereby agree for tho entry of Q Judgement as follows* c� 1. This Agre emont shall he reviewed and entered as as Cartier of the Court, M 2, The Defendant planning Board of tho Town of North Andover Z:G has voted to approve an "Amendment to Definitive Subdivision Conditional Approval" at its meetinu -of June 60 1996.o Which document is attached hereto as -Exhibit A ta► U OF and incorporated by reference, RALP R.JH OY�E ' 95 MAIN sTArifiT ►IORTH ANDOVER,AAA MM FAX:OW 6041148 A 'RUE cod' TO ASST.DTM CLERK �' /� BK 4279 PG 165 3. The Pl,ainti f f s shall comply with all terms of and with all provisions as further shown on .a plan entitled "Definitive Subdivision plan I'Long pasture' Located in Worth Andover" record owner and applicant Long pasture Realty Trust, Litha Flynn, Trustee, 8200 Lake Shore Drive, Apt. 202, Hypoluxo► Flo r said plan dated May 1, 1995, revised June 10 1995 to be recorded in the Worth Essex Registry of Deeds. 4. The North Andover planning Board shall endorse forthwith the said plan upon, approval of this Agreement for Judoe ment and entry as an order of the court and does hereby further stipiulate that the conditions precedent to the endorsem.snt of the plan as defined in Exhibit A have been met, 5. This matter is dismissed with prejudice in consideration of this Agreement for Judgement as to all claims, edunterclaims, cross-claims and as, to all matters as may be brought forward hereunder against all parti*x in either their mUnicipai of individual capacity with all, costs, interest, legal fees and appears herrefrom waived. Signed the day of 1995. uw 00111©ES OF RALPH R.JOYCE To" of X0RTR _AM)0YRR LITSrA FLYNN, RUSTEE of ©ar�MAIN �n A 0340 WORTH ANDOVRR FLmNrNG LONG PASTURE�REALTY TRUST, 00 05,a55 HOARD FAR; Wa14 8K 4279 PG 166 R�?BRRT 9: HIRASYAN f TRUSTEE OF by their attorney, RSSEX REALTY TRUST DAVID MINICUCCI, TRUSTRR OF MAIN STREET REALTY TRUST 60;Ll 1440 by th t torne Rope 1man & Paige 101 Arch Street Boston, MA 02110-1137 P R. 4 R SRO 0255000 95 Main Street Roth Andover, MA 01845 (508) 595-4555 LAVY OFFICZ$� RA LPH R.J OYCE 96 MAIN BTR19T i' M ANDOVER,MA OiW (00 69SAW FAA:0%US-$148 BK 4279 PG 167 Long pasture eadment to the Definitive Subdivision COndi.tiOZal Appr*V4LI The Planning Board herein approves this Amondment to the De f i.n i t ive Subdivision Conditional Approval for Long Pasture issued on April 1 t 198s 0 This meadment is the result of the settlement of the case of Litha Flynni Trustee I at als,, v. Town of North Andover, et alai , Essex superior Court CA, No. 94a*2019, Thia a endbaent reduces the number of .lots f rom 11 to S and inoreases the area of the lots from l acre to 2 Gores. The andsent does not alter they roadway layout,. This ameuded decision suparsedes. all prior decisions for- this subdivision. . 14 Vrj9r to endorsement of the plans by the Planning Board the applicant shall provide the planning Office with a draft conservation restriction for review. The conservation restriction will cover a portion of Lots if 2, and 3 as shown on the plan. This conservation restriction will subse"ently be submitted to the Bxecuti.ve Office of Environmental Affairs for approval 2* The following documents were reviewed and approved as part of this amandment; a,. A covenant (FO N l) securing all lots within the subdivision for the construction of ways and municipal aervicea. Said lots may be released from the covenant upon the pasting of securi,ty-as requested in Condition 5(c). . b. Right of way easements for the proposed roadway. CIO A conveyance of Easements and Utilities (FORM ]M) for all utilities and easements placed on the subdivision. Speci f io reference was made to the twenty (2 0) foot water easement over lets 3 and 4, 3* The following item were added to the plan as part of th i s amendment: a* The erosion control line. b-0 Additional spot elevations on Lot 1. C. Grading for the watermai.n on Lot 30 d. The Limit of work and LiZit of Tree Clearing line. BK 4279 PG 168 4 o Prior to the start of constructions at The plans =st be endorsed by the Planning ward and reCOrded by the applicant at thO Es seX North Registry of Deeds. b. Three (3) complete copies of the re6orded plans and two (2) COPies of the following recorded docents must be submitted to the Planning office** Subdivision Approval, FORK I Covenant, FORM M Utility Zap s(tent, Roadway Easement. o• All proposed graving and construction activity shall be completed in accordance with approved plans. d. The ditch along Forest Street must be pitched and constructed to Insure that the stormwater run-off from the site flows into the drainacre. easements located on Lots l and a. 810 All erosion central measures must be in dace and reviewed, by the Town Planner,, f 4 A caplets sett of signed plane, a copy of the Planning Board decision, and a copy.of the Conservation co=ission Ordor of Conditions -must be on file at the Division of Public Works prier to isoUance of permits for connections to utilities** The subdi-vision construction and installation shall in all respects conform to the rules and regal-ations and specifications of the Division of Public Works 'Free cutting shall be ke t to a minimum throughout the prof eot in order to min ze erosion abd prooer ve the natural features of the site, In order to limit the tree clearibg on site, yellow "Caution" tape must be installed along the €unit of Work and Limit of Tree Clearing as shown on the plan,. Prior to any clearing, the Town Planner must review- this line, If the applicant removes any vegetation outside of the Limit of Work and Limit of Tree Clearing line as shQVM can the plan, the applicant shall submit a tree Cutting and reforestation plan prepared by a regixtered arborist to the planning Board for review and approval. Tree cutting in the approved utility-easements shall be kept to a minimum and within the easement. Any trees removed -outside the easement lines Vil.l ba replaced by the seze species prior to lot a• Prior to any lots being released from the FDlm I covenants a. All site erosion control measures required to protect off 2 BK .4279 PG 169 site properties from the effects of work on the .lot proposed tb be released must be in place. The Town Planning Staff Mall determine whether than applicant has satisfied the roquirements of this prevision prior to each lot release an4 shall re ort to the planning Board .Prior to a vote to.release say d lot o b The applicant must submit a lot release FORK J to the Planning Board for signature, c A Performanco Security (Roadway Bond) in an amount to be determined by the Planning Board,, upon the reco=endation of the Department of Public Works, shall, be posted to ensure completion of than work in accordance with the Plans approved as part of this conditional approval. :Eta-m covered by the Bond may include, but shall not be limited to iv asawbuilt drawings ii9 sawers and utilities iif. roadway construction and Toaintenance ivo lot and site erosion control v� site screening and streat trees vi. drainage facilities vii. site restoration viii, final, site cleanup G. prier to a "IRK N v*ri fixation (Building Permit) for an individual lot, the following information is required by the Planning Department: a+ All saptic system designs shall be approved by the Board of Health. b. A lot plan for the lot in question must be submitted, Wh ch Includes all of the followings i l location of they structure, ii* location of the driveways, iii. location of the septic system's .if applicable, iV 4, looat ion of all water and sewer lines, V. location of wetlands and any site improvaments required under a NACC order of condition,, of. any grading called for on the lot, vie.. all required zoning setbacks, including buffer zones and no-cult lines, viii. location of any drainage, utility and other easements. Ca All appropriate erosion control measures for the lot shall be in place,* Final determination of appropriate measures shall be made by the P►l ann ing Board or Staff. 3 BK 4279 PG 170 d. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during constructionx e, The lot in question shall be staked in the field. The lac motion of any zaJ or departures from the plan gust be shown. The Town Pl amer shall, verify this information, f. Lot numbers. visible from the roadways must be posted on all lots , 90 Minimum floor elevations shall be set at lease two feet higher than the spr f rig watert abl.e s, h, loot 2 shall not be built upon until such time as the binder course is applied to the road and field conditions verify that. there are no flooding conditioner that interfere Frith the house and Sept"c system as designed for this lot. Field conditions will be verified by the engineer for the applicant and the Division of Public Forks. in the event- that field conditionet are' found to create flooding that interferes-with the house and septic design for Lot 21 then the house and septic system shall be reconfigured so as to eliminate such interference. Revised house and septic designs mgot, be reviewed and approved by the Planning Board, 7, Prior to a Cortiticato of Occupanoy being requested for an individual lot, the following shall be required a. They house located on Lot a shall contain a residential sprinkler system since it is located over 5001 from the nearest fire hydrant located on song pasture Road, as required by the NAF'D. b. Print to occupancy of bats 1r 2 and 3, the conservation restriction shown on the plan and referenced in Condition 1, must be recorded and at certified ropy of the recorded restriction submitted to the Planning Offioe. 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 applicant shall, ensure that all required 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 profo-a sional engineer, ver.ifyiing 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 froo the North Andover Board 4 BK 4279 PG 171 r of XealM, and Conservation Commission. e. permanent house numbers must be posted on dwellings and be viaible from the road., f-iv All slopes one the let in question shall be stabilized, as solely determined by the planning Board in reg'4rds to erosion, water run off, and safety. q. All lots must be raked, loomed ana seeded, sodded, or mulched if the weather does not permit seeding or -nodding. h. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's respo►natih it ity to assure the proper placement of the driveways rogardless of whether indi vidual lots are sold,. The planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position, i. The Planning Board reserves the right to review the site after construction' is complete and require additional site screoninq as it deem necessary and reasonable. 8. Nrior to the final release of security retained for the site bT the TOM&, the following shall. be Oompleted by the applicant: a. The Planning Board will., by a majority, vote to release any security retained. b. An 'as--built plan and profile of the site stall be submitted for zeview and approvol by the Division of Public Works. cR Ths applicant shall petition Town Meeting for public acceptance of the street, pricer to submitting a, warrant article for such petition the applicant shall rieview the subdivision and all remain#q work with the Town planner and Department of public Works, The Planning Board shall hold a portion of the suMiVis ion bond for continued maintenance and operations until. such time as Town Meeting be accepted (or rejesoted in favor of private ownership) the roadways.. It shall be the developer's responsibility to insure that all proper easetents have been recorded at the Registry of Deeds* d* The Town Planner shall ensure that a.l.l. Planning,, Conservation comiss ion, Board of Health and Div.issi.on- of public Works requirements are satisfied and that construction was in satriot compliance w�th all approved BK 4279 PG 172 Plans and conditions, 91 The cutting of shade trees within the right-of way shall be limited in accordance with M*G.L* chapter 87, Section 3. 10. T'h* Town Planner will review any signs utilized for this Prof ect* . The. applicant must obtain a sign permit as required key Section 6 of the Bylaw, The planning ftard shall approve any entrance structures. Any lighting used for entrance signs must be rezovad prior to acceptance of the subdivision by the Tcwn. 11. The a plioant shall adhere to the following requirements of the Fire Depa'r ent,• 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 Five impartment and conservation commission. 3.2. There Mall be no burying or dumping of construction material on site. 13, The location of any stump dumps on site must be pre-approved by the planning Board, 149 The contractor shall oontact Big Safe -at least 72 hours prior to commencing any excavation 13. s; Telephone, Cablo, and Electric utilities shall be installed as specified by the respective utility companies. 16. Any action by 'a Town Board, conmivz ion, or Department wh i oh requires changes in the roadway alignments placement of any easements or utilities, drAinage facilities, grading or no cut lines, may be subject to Inodif.ication by the planning Board. 17,t Any Order of condition issued by the NAcc, or any final determination obtained by the applicant related to resource areas under the lurisdiotion of the Wetlands protoction Act Found on this site which requires changes in this subdivision . shall file an application to the Board for a Definitive Modification 16. This subdivision must comply with the requirements of :section 4.2 of the Zoning Bylaw, (phase Development Bylaw) . 1.9+ The acpp l icant c covenant s and agrees with the Town of North 6K 4279 PG 173 Andover, to install utilities in accordance with the Rules and, Regulations of.the. Planning Board# the Public works, the Board of Health, and all general as well as zoning bylaws of said Town, as are appl icable to thO installation of utilities Vi hin the limits of ways and streets. The Utilities Must be installed Vithin tva pears from the date of approval. *f this Wendmeut or such later data as may be specif *4 by vote of than 11MMiA9 Board a In the event 'the applicant Should fail to *Ompleto the installation of the utilities within the time he"in specified, this approval will be autoMactical.ly rescinded, 20. The applicant covenants and agrees with the Town of North Andover, to complete and construct the street or ways and saber I ravements shown thereon in accorda.noe with the Rules an4 ROVlatidns of the Planning Board and the approved Definitive Plan, profiles, and cross sections of the s e w Said l an, profiles, orown sect c ions and construction s iflc pec atirars are specifically, by reference, incorporated herein and made a part of this decision, The obligations specf fi*4 herein must be Completed within two years' from the date of approval of this amO%ftOnt or such later dato as may be spoaLfied by voter of the Planing Board. In the event the applicant should fail to complete the obligations speoi f iod herein within the time herein speci f ied, this approval will be automatically rescinded. 21, The following waivers from the Rules and Regulations Governing the Subdivil sion of IAnd North Andover, Magaachusetts Revised . February, 1989 have been granted by the Planning Beard:. a Is The cul-de-sic length Waiver is horeby granted, in order _to allow the appl i ant access to rear portion of this "L" shaped parcel, of land, and that the connection with Turtle Lane is impossible due to a defective easement agreement (5001 required, 76 t granted) . 22. This Definitive Subdivision approval, is based upon the following information: Plan titled: DdfinitiYe Subdivision Plan Record tamer "Long Pasture" locftted in No, Andover, MA, Applicant: Long Pasture Realty Trust Li.that Flynn, Trustee 8200 Lakeshore Drive, Apt, 202 Hupoluxo, FLA 33462 Propared by Christiansen & Sergi. 1£0 Hummer Street Haverhill, MA 01830 Dated: May 1, 1995; rev. elf�5 Sheets: 1 to 8 7 BK 4279 PG 174 ac. Conaervaticn Administrator Diractor of Pablic Works Health Adtinistrator Building Tnepector Police Chief Assess= . AMlicant Magi.naer rile longp"t.Ml c TOTAL PAGE.012 1 I ,1 . �. FORM M BK 4279 FAG 179 CONVEYANCE OF EASEMENTS AND UTILMES Long Pasture Realty Trust 8200 Lakeshore.Drive Liter Flym t Trtatee ,(namcofowner)of 1AM2lu v FL 33462 ,(address) leaf& me-h-w-lt • for the consideration of 1,00 ,hereby grants,transfers and delivers unto the Town of North Andover,a municipal corporation in Essex County,the following: A� The perpetual rights and easements to construct,inspect,repair,remove,`replarc,operate and forever maintain(1) a sanitary sewer or sewers with any manholes,pipes,cvn6its and other appurtenances, (2)pules,conduits and their appurtenances for the conveyance of water,and(3)a covered surface and ground water drain or drains with any manholes,pipes,'Conduits and their appurtenances,and to do-all other acts incidental to the foregoing, including the right to pass along•and over the land for the aforesaid purposes, through, and under the whole of 12ng Pasture � , dated 199� m, g , y . ,said plan is made and said plan is i corporated herein for a complete and detailed descriptio,n of said goads. B. The perpetual rights and easements to use for see ExUbit A (describe use/purpose) the following parcel of land situated on (Street) in said Town of .; RBS+43W Road North Andover and bounded and described as follows: See Ehibit A apperx.ed 1mretD. The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances,that he(it) has good title to transfer the same,and that he will defend the same against claims of all persons. For grantor's title see deed from Jos J'.- �Fl dated ------ , 19,Al- and � 55 L 1 � , recorded to North Ess�istrtct Registry of Deeds,Book,.��.�,. Page. . !rR This is not a homestead property. ' r To be completed if a mortgage exists: NONE of . s s ,. }. zi-stroatsagc on the abon.; ■ 1 f �y Of Maid MOF 01414r A er Li Flynn Trust�:e of ran Pasture Realty gust IN WITNESS WHEREOF we have hereto set our hands and seals this da�r of 3 2 - f 0' BK 4279 PG 180 • V-kbojam COMMONWEALTH 4F 19 "" Then and acknowledged the foregoing to be T personally a Y p�eyed the above named free'act and deed,before me.� , w 1' t'`"•* NOTARY SM Notary qz9W is ������A. �►�4-- F'LjZ;kBETH A* Him My OMM SS1OR Expires: 'V*wr µY CoMpAtSSIoN JXPIRES SSPTEMBIR 19.1993 FONDED THRU AGENT$NOTARY 0ROKIRA0$ BK 4279 TG 181 EXHIBIT A Now comes Long Pasture Realty Trust by Litha Flynn, Trustee, under declaration of trust dated September 2, 1981 and. recorded in the North Essex Registry of Deeds in Book 1551, Rage 8 , and does hereby convey to the Town of North Andover the following specifically described eaaemenie for all purposes or which ways are used in the Town of North. Andover and for the maintenance of sanitary sewers, pipes, conduits and appurtenances thereto necessary for the conveyance of water and drainage plus all and any manholes, pipes and conduits and other appurtenances necessary thereto, and for the purposes of repairing, constructing and utilizing any and all utilities including, but not limited to, the transmission. of gas, . electricity, cable television and telephone lines, meaning and .intending. to supplement and convey all easements as shown on a "Definitive Plan "Long Pasture' Located in North Andover MAI' Christiansen & Sergi Professional Engineers and -Land Surveyors., Record Owners-, Long Pasture Realty Trust, Dated May 1, 1995 and recorded in the North Essex Registry of Deeds as Plan hereinafter referred to as the Plan. The easement areas effected hereby are as follows. 1. The right to use, including the right to pass and repass, w the gray shorn as Long Pasture Road can said Plan and to make such use there of as public ways are used in. the Town. BK 4279. PG 182 of Forth Andover 2. The drainage easement located on Lot 1 being bounded easterly by Forest St. 116.45 feet; northerly by other land contained in Lot 1, 70.00 feet; w'6sterly by other land contained in Lot 1, 11.1-;52 feet; and southerly of land now or formerl-y of Plisinski, 68.51 feet, Meaning and intending to convey drainage rights with all appurtenances it thereto in the area shown on Lot 1 entitled "Drainage Easement" as shown on said plan. 3. The drainage easement located on Lot 1 being bounded northerly and easterly by the arc at the intersection of Forest Street and Long Pasture Road having a length of 43.63 feet; southerly by other land contained in Lot 1, 25,00 feet; westerly by other land contained in Lot I, ' 25.00 feet. Meaning and intending to convey drainage rights -with all appurtenances thereto in the area shown of Lot l entitled "Drainage Easement" as shown on said Plan. 4. The drainage easement located on Lot 7 being bounded l ' southerly and easterly by an arc at the intersection of Forest Street and Long Pasture Road having a length of 65.38 feet; westerly by other land contained in Lot 7, 25,00 feet and northerly by other land contained in Lot 71 25.00 feet. Meaning and intending to convey drainage rights with all appurtenances thereto in the area shown on BK 4279 PG 183 Lot 7 entitled "Drainage Easement" as shown on said .Plan, �. The drainage easement located on Lot 8 being -bounded r northerly by land now or formerly of wedge, 50.00 feet westerly by other sand contained in Lot 4n two courses, 50.08 feet and 35.83 feat; southerlyb Y o Cher land contained in Lot 8, 35.00 feet; and easterl. b Y Y Forest Street, 74.08 feet. Meaning and intending to convey drainage rights and all appurtenances thereto in the ar era shown on Lot 8 entitled "Drainage Easement" as shown on said Plan. . 6.' The drainage easements located on Lots 6 7, and S being bounded southwesterly by Long Pasture Road, 195.00; 1 northwesterly by other land contained in Lots -6 7 an d 8 in two courses a total distance of 233.83 feet6 northeasterly by other land contained in Lot 8, 170.94 feet; and southeasterly by other land contained in Lots G, 7, and 8 in three courses a total distance of 336.40 feet. Meaning and intending to convey drainage rights and all appurtenance- s thereto in the area shown on Lots 51 7, and 8 entitled "Drainage Easement" as shown on said . aZd Plan. 7. The drainage easement located on Lets 2 and 3 being bounded northeasterly, by Long Pasture Road, 105.84 feet; southeasterly in three courses by other land contained in Lots 2 and 3 a total distance. of 270-53 feet; 8K 4279 PG 184 southwesterly in two courses by other land contained in Lot 2 and 3 a total distance of 204.14; and northwesterly by other land contained in Lot 3 125.00 feet. Meaning and intending to convey drainage rights and all appurtenances thereto in the a' ea shown can Lots and 3 entitled "Drainage Easement" as shown on- said Plan. L 8. The right to utilize the area located on Lot 1 and identified on the; title page of the plan as a "Road Widening and Utility Easement", meaning and intending to convey the right �o widen Forest Street for all purposes i for which public wags may be utilized in the Town of North Andover, including the right to - pass and repass and install utilities, on the following described portion of Lot 1: Beginning at a point at the corner of the stone wall at land now or; formerly of Plizinski at Forest Street and thence running westerly, 10.03 feet; thence turning and runninng northerly, 279.87 feet to a point in the southerly lane of Long Pasture Road; thence turning and running easterly by the southerly line of Long Pasture i Road by an arc having a length of 23.18 feet; and thence turning and runing �outherly by Forest Street, 260.03 feet to the point of begl.nning. Meaning and intending to convey all rights in th6 area located on Lot 1 labeled on the title page of the? plan as the "Road widening and Utility Easement" as shown on said Plan. 19 PG 18 5 BK 42"1 9. The right to utilize the area located on Lots 7 and 8 identified as a "10' Wide Utility and Road Widening -Easements', meaning and intending to convey the right to widen Forest street for all purposes for which public ways may be utilized in the Town of Forth Andover, including the right to pass and repass and install utilities on the following described portion of Lots 7 and 8: Beginning at the corner of a stone wall at land now or formerly of Wedge at the intersection with Forest Street and thence running westerly, 10.27 feet; thence turning and running southerlry by other landn contained in Lots 7 and 8 a distance of 251.43 feet to the northerly line of Land Pasture Road; thence turning and running easterly by the arc of Long Pasture Road a distance of 65.38 feet to the stone wall at the westerly line of Forest Street; thence turning and running northerly by the stone wall on the westerly line of Forest Street, 229.110 feet to the point of beginning. Meaning and intending to convey all rights in the area located can Lots 7 and 8 entitled '1101 Wide Utility and Road Widening Easement" as shown on said Plan. 10. The right to install pipes, conduits and manholes for the transmission of water with all appurtenances thereto as further defined by an easement granted from Robert J. Martins and Margaret E. Martins to Long Pasture Realty Trust, Litha Flynn. Trustee, and recorded herewith. BK 4279 11. The right to install pipes, conduits and manholes for the transmission of water with all appurtenances thereto on, the fallowing described portions of Lets 3 and 4: Beginning at a point in the westerly line of Long Pasture Road and running southeasterly`by an arc on the westerly line of Long Pasture Road having a length of0.56 feet; thence turning and running southwesterly 78.35 feet; thence turning and running southeasterly 95.75 feet; thence turning and running southeasterly 107,61 feet; thence turning and running southwesterly 20.00 feet thence turning and running by the stone wall, 115.0o feet; thence turning and running northwesterly 11.1.29 feet; thence turning and running northeasterly 90-97 feet to the point of beginning. Meaning and intending to convey the right ' to lay water mains and all appurtenances thereto in -the area shown on said plan as a 1120' wide water Basement" as loctaed on Lots 3 and 4. DOCISICN —' DI . April 7���, 1987 1987 , revised , Feb. 10 , 1987 Long Pasture dated Jan . 27 , The power of a Planning Board shall be exercised with due regard for the provisions of adequate access to .- all of the lots within the subdivision by ways that will be safe and convenient -for travel, for reduci92 danger to cam life in the eration of motor vehicles, for secure safet i n the case of -ONOf ire and other emergencies and for securing ac'�equate provisionfor gra te r , sewerage, drainage and other requirements of the rules and regulations of .............. the Planning Board . mmmm� W, S '0 0 dt r 44we 00m% .� .� wo �o� ,/�r�� roc► r�ar`�-p �► �bs�r 6APIII�Ab JL61LIN DI, April 7 . 1987 Long Pasture dated Jan . 27 , 1987 , rev ised , Feb. 10 , 1987 Following are the specific reasons why the Planning Board disapproves this preliminary plan (1) The leng th of the proposed dead-,mend road (1200 feet) exceeds the Planning Board ' s rules and regulations. The applicant has not requested a wa ive r nor presented any alternative road layouts that would be acceptable to the Planning Board. Furthermore, the proposed dead end read provides no easonable access to abutting property because the adjoining lot (Olenio) is a pork chop lot what can never be subdivided. �. (4) The planned road alignment does not reasonably minimize wetland ........... fillinq on lot 4 . (5) The proposed drainage system at the intersection of Long Pasture Rd, and Forest St. is unacceptable because * A) it does not discharge anywhere, B 4ainage will not be allowed to flaw out onto Forest St. ty.-It must be mitigated on site and d ischarged to a water way. �- NOit1 4-oT s (al) rt-O ) (6) Lots 1 and 12 have extremely high water tables based on phys ical observat ion both before and af ter the storm on the weekend of April 4-5 . The ability to place septic systems and house foundations on these lots is seriously in doubt. the Board of Health has strong reservations about the buildablility of of 1. Now DDCISZQN - DISAPPROVAL Apr il 7 , 1987 Long Pasture dated Jan . 27 , 1987 , revised , Feb. 10 , 1987 If a def initive subdivision is submitted : s" lTt�tS r Ur.w (9) Wetlands should be accurately flagged and deli neated to insure that all lots conform to the 75% ( BA Zon ing requirement. ( 10) All aspects of the Planning Board rules and regulations pertaining to definitive plans must be fu conplied with. Accordingly, the Planning Board reserves the right to - mak--e additional appropriates comments (and conditions) regarding this Plan. (13) Drainage discharge shall be shown at the intersection of Forest street and Long Pasture and at station 2+00 . 04 Lwj "pAL Rc(. (15 ) The offsite drainage from the site shall be designed in accordance with the subdivision rules and regulations and without adverse impac ts on 0 adjacent properties. (18) The water main must be extended from Crossbow and Ingalls Street and hydrants shall be placed accordingly. Each dwelling shall be equipped with a residential sprinkler system in acordance with NFpA 13D---1980 and North Andover Fire Department requirments. _,�� r • M� i ..f I - r 1Sr -- LA Of f-0 ' Ilk, y w~ { .. AV V a • R s i r 150Owl _ ra 0/ + /,�f r "•r rj rr V !�7 Y LJ T Z9 Lei IIIILJ as 446 0 x I 40 C.3. qO AC�5. r ' " —04 • I PJ ^ •} J 4 � l r m�N PI?F IY4o4e Y 5 IJBDI 4N OF 51 TE I 5 , -11 T ONG PA T f ... �. GR4DINC., IN R/ome AIN I 91, T4 A IVDOYAr.-- ' 3 i DA TAJA A/. Z /�'� 73 7�1 TTRU69EV 15E D FEB . 1 D, 19,5 7'ON6 P4 Dom- ..JPT- LPG]? _ lVi'-p '".CIX0. 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ISSUES OF CONCERN NON-COMPLIANCE 1) DRAINAGE o DRAINAGE ANALYSIS IS IN CONFLICT WITH ACTUAL SITE OBSERVATIONS. o DRAINAGE FAILS TO MEET THE REQUIREMENTS OF ITEMS (5) AND (13) OF APR. 7. 1987 DECISION OF DISAPPROVAL. 2) SAFETY o THE PROPOSED INTERSECTION AT FOREST ST. AND LONG PASTURE PLUS THE DR I VEWAYS Of LOTS (5) AND (6) POSE A THREAT TO LIFELAND SAFETY 3> WATERMAIN CONNECTIONS o DOES NOT COMPLY WITH ITEM (18) OF APR. 7, 1987 DECISION Of DISAPPROVAL. 4) ROADWAY AFTER TWO PREVIOUS DECISIONS OF DISAPPROVAL CITING ROAD LENGTH NOT IN COMPLIANCE WITH EXISTING REGULATIONS. ROADWAY IS STILL 50% LONGER THAN ALLOWABLE, 5) WETLAND CROSSINGS COMPLIANCE WITH EXISTING ROADWAY LENGTH REGULATIONS WOULD MINIMIZE THE SERIOUSNESS OF THIS ISSUE. 6) WETLANDS MUST BE ACCURATELY FLAGGED & DELINEATED WETLAND FLAGGING AND DELINEATION IS UNCHANGED FROM THE PREVIOUS SUBDIVISION PLAN 4A RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND NORTH ANDOVER , MP.SSACHUSETTS B . _DEFINITIVE PLAN 1 . Submission -t.� If surface water drains discharge onto adjacent existing -� streets or onto adjacent properties not owned by the appli - cant , he shall present evidence to the Planning Board that such discharge is satisfactory , permitted , and does not cause any detrimental- effects to public or private property . 0 40-N134 I S 4 A. 4 f Evi dence of transfer of ownership , 1 an2uage of an easements- , - covenants , or deed restrictions a p p yang or proposed to ap--ply to the area being subdividedr1qhts and easements obtainediit1* - for utilities es or drainage outside of the subdivision . va few P 4F t g In order to determine compliance with the requirements or intent of this Regulation the Board may its discretion requi re specialized engineering or -envi ronmgX..tal analyses to be prg Q P i ca-n Ta j� a Lthe expense of the a S P r Sects„on III B 5 ) 0 V& G It h A construction. s c h e l.P, which spe-ci f i ca- details the & MUMMM variousj2hasef const Lu�tj along with the proposed M9MMMM!__ I -dates when the phases will be completed . 1 The defi nitive Plan shall not be deemed to have been sub - mitted to the Board until it and al l the i tems required in the foregoi ng sub - paragraphs ( a ) to ( k ) , i nc1 us i ve , have been -delivered to the Board . The definitive Plan shall not be deemed to have been sub - mitted to the Board until it arid all t-he items required in the foregoing sub - paragraphs ( a ) to ( k ) , i nc1 us i ve , have been -delivered to the board . RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND _ NORTH ANDOVER , MASSACHUSETTS B . DEFINITIVE PLAN 1 . Submi ss ion .t� If surface water drains discharge onto adjacent existing -� streets or onto adjacent properti es not owned by the appl i - cant , he shall present evidence to the Planning Board that such discharge is satisfactory , permitted , and does not cause any detrimental effects to public or private property . f) Ev i den se o f tran s f e r o f own ers h i p , 1 anquage_of_. any easemen ts , co ven ants , o r dee d res tri ct i on s app l yi ng- o r propos ed to app y to the area bei na subdi vi ded , ri ghts and easemen ts obta i ned for utilities or drainage outside of the subdivision . g ) In order to determine compliance with the requirements or intent of this Regulation , the Board may , in its discretion , require specialized engineering or environm nt 1 analyses to be prepa red a t t h e expense of the a p a icant ( As per Secti,,on III B 5 ) 0 _- h ) A construction sc= 1P, which specifically deta i l s the v a r i o u s .phase of construction , along wi th the p ropo sed dates when the phases will be 'completed . 1 57. issues of concern about the Long Pasture Definitive Plan e Items from past disapprovals; deficiencies still present. Length of roadway - still requesting a variance from the town specification of 660 ft. maximum. • Length is greater than 50% beyond the town specification. • Variance request states that "topography and the location of the wetlands on-site necessitate this length'. • In fact, if the roadway is kept at 500 ft., the wetland issue will not be a major factor, no crossing! Therefore request for this variance does not appear justified by the reason actually stated in the Definitive Plan. * Proposed drainage system • Previous problems and Planning Board requirements • Previously indicated that drainage didn't go anywhere. • Drainage was not allowed to go onto Forest Street. • Drainage should be mitigated on site. • Drainage must not impact adjacent property. • New proposals • Now proposing a small leaching pit to catch all the water heading for Forest Steet - .. ?? Although pits are 6 ft. deep, the ground water (from T.P. data) in this area has been shown to be �2 tin 'non-saturated' times. This area has a history of being flooded during 'wet' times. Question the effectiveness of a leaching catch basin!! There still appears to be a Forest Steet flooding issue. Dangers - flooding of a northen facing area in the winter. • The drainage from Section 3 and 4 is being drained on site .._ but this is done by dumping directly into the wetlands. NACC has been firm on not using existing g wetlands for drainage storage. Applicant is aware of providing detention storage for runoff but has chosen not to do so. • Section 2 is claimed to flow into a small wetland area in corner of site. PERIOD! In fact, this wetland is actually the entry point on this site for a larger wetland area upstream' from the site. Past observations have shown this section to be integrally connected to the rest of the on-site wetland area. This section is large boulder glacial topography with critical subsurface drainage connection into the on-site wetlands system. During wet times, this connection becomes an active surface steam. (Movies and photos of this surface steam are available.) ■ The proposed waterline connection will seriously disturb this delicate hydrology. • Water main connection • Planning Board stated in Preliminary Denial that in Definitive Plans "water main must extend from crossbow and Ingalls". • Present plans do not extend this section of the town water system. • Developers should be contributing something to the town when putting in 2 Issues of Concern about the Long Pasture Definitive Plan subdivisions. This subdivision provides the opportunity for the town to increase its fire safety coverage to more than a dozen homes beyond those in the proposed subdivision and to provide town water to an additional area of town. This is not being done. Plans note an easement through abbutting property. No 'evidence' of easement or language of what this will be was provided with the Definitive Plan -as required to male the submission validly Thgrgfgrg, underthe Plann.ina Boar Board,5 Bylaws thi Definitive Plan is not a valid submission until this information is officially rovided to the Board. Applicant proposes to extend the water system through about 900 ft. of residental front yards and backyards. This seems to be a poor approach to providing town water in the town. System should be located at roadsides for convenient maintenance. Accurate wetland flagging • Evidence was previously submitted to show the inaccuracy of the wetland delineations. No changes were made on these plans versus the previous submission - s❑ the same situation regarding flagging still exists; i.e. it is not accu rate! • if wetlands and areas subject to flooding are correctly delineated it appears that there will be 100 ft. septic setback problems on Lot 9. Incomplete submission issues Lack of easement evidence Section III-B-(f) requires "evidence of ... rights and easements obtained for utilities ... outside of the subdivision". The Regulations specify that "The Definitive Plan shall not be deemed to have been submittted to the Board until ... all the items required in sub-paragraphs (a) to (k), inclusive, have been delivered to the Board". No evidence of the stated water easement through the Martin's property was supplied when the Plan was submitted. This plan should not be accepted as a submission until evidence that such an easement does exist is presented to the Board. ® seepage test data and locations • Regulations require that all seepage test data be presented and the location of such test holes be shown. • sheet 8 of 7 shows the location of the proposed septic systems but does not show the location of the "failed" seepage test sites. Field meaburements show that "failed" site P-18 is actually within the proposed leach area on Lot 8. 3 Issues of Concern about the Long Pasture Definitive Plan • The locations specified as P-21 and P-23 on Lot 0 on sheet 5 of 7 do not exist in the field at the indicated sites. P-21 is over 100 ft. from the indicated location and P-23 is over 200 feet from the indicated location. • There are also various test sites that are indicated as "N.G" but have not been numbered or labelled as failed sites in the statement of seepage tests. All test points are to stated. Insufficient environmental impact considerations Impact statements grossly understate the excessive modifications that are being proposed. statement that some forest cover will be removed does not adequately address the vast amounts of filling and recontouring that are indicated. Miscellaneous Items • Water easement location at `309 ft.' places this easement on my property. • If easement is prposed at another loccation, is this in the area of a town road easement.? can owner give an easement for one purpose when a town easement is already in place for another purpose?? Past adjoining subdivisions show maximum elevations to be around 175 ft. National survey maps are similar. This plan shows maximum elevations at about 150 ft. Which is correct?? what effect does this added height have on road slopes, etc. Steepness of the road adjoining Forest street can be a safety hazard in the winter as this is a northern facing slope and will be very prone to ice staying on the roadway. The long driveways being proposed on the back lots will present a similar hazard from ice and snow but they are worse because there is a s ep hill to go down if someone slides off the road! Massive filling and alteration of land - primarily resulting from the need for ;higher land' to have functioning septic systems. Essentially the Test Pit data showed that much of the land is too wet for septic systems or at the top of the hill the land was to impervious for septic systems. Applicant wants to solve both problems by adding fill!! Variance was requested on cross-hatching of fill areas on the submitted plans because drawings would be too confusing. THEY SURE WOULD - BECAUSE EVERYTHING IS BEING FILLED !! These are some of the issues that have been raised while examining the Definitive Plan for LongPasture. The massive fillings of this area to obtain buildable lot sites should be denied. But more so, the Plan should not even be accepted for consideration until all the information required by the Board has ben supplied. Carl M. Schoene T Outline Comments on post dlsapprovals - stress the deficiencies * Length of roadway - still requesting a uariance from the town spec of 500 ft. maHimum. * Length is stillgreater than 50`� be and the town spec. 9 � * uariance request states that "topography and the location of the wetlands on-site necessitate this lengths,, 0 1a fact, if the roadway is Dept at 500 ft., the wetland issue will not be a major factor, no crossing! Therefore request for this variance does not appear justified by the reason actually stated in the Definitiue Plan. * Proposed drainage system + Preuious problems and Planning Board requirements * Preuiously indicated that drainage didn't go anywhere. * Drainage was not allowed to go onto Forest Street. * Drainage should be mitigated on site. * Drainage must not impact adjacent property. New proposals * Now proposing a small leaching pit to catch all the water heading for Forest Steet M- -- ?? Although pits are b ft. deep, the ground water (from T.P. data) in this area has been shown to be "2 ft. in 'non-saturated' tunes. This area has a history of being flooded during 'wet' tunes. Question the effectiveness of o leaching catch basin!! There still appears to be a Forest Steet flooding issue. Dangers - floodimy of a north facing area in the winter. * The drainage from Section 3 and 4 is being drained on site -_ but this is done by dumping directly into the wetlands. NRCC has been firm on not using enisting wetlands for drainage storage,, Dpplicant is aware of prouiding detention storage for runoff but has chosen not to do so. Section 2 is claimed to flow into a small wetland area in corner of site. rialos! In fact, this wetland is actually the entry p g point on this site for a larger wetland area 'upstream' from the site. Past obseruations have shown this section to be integrally connected to the rest of the on-site wetland area. This section is large boulder glacial topography with critical subsurface drainage connection into the on-site wetlands system. Baring met timesip this connection becomes on active surface steam,. (Mouies and photos of this surface steam are auailable.) The proposed waterline connection will seriously disturb this delicate hydrology, Water main connection Planning ward stated in Preliminary Denial that in Definitiue Plans 'water main most entend from crossbow and Ingalls', Present plans do not entend this section of the town water system. Developers should be contributing sometbing to the town when putting in subdivisions. This subdiuision prouides the opportunity for the town to increase its fire safety couerag a and prouide town water to an additional area of town. This is not being done. o Dpplicant proposes to entend the water system through about goo ft. of residental front yards and backyards, This seems to be a poor approach to providing town water in the town. System should be located at roadsides for conuenient maintenance. Plans note an easement through abbutting property. No 'euidence' of easement or language of what this will be was prouided with the Definitiue Plan - as required to make the submission valid!! Iherefore, under the Manning Boards Bylaws, this Definitive Plan is not a valid submission until this information is officiallg provided to the Board. Dccurate wetland flagging j LONG PASTURE Vote to disapprove for the following reasons . 1 . The Planning Board is of the opinion that drainage issues have not been properly addressed and that increased flooding will occur onto properties of abutters as a result of the proposed construction. In accordance with Sec , II , B. 3 of the Planning Boards rules and regulations ; "No land shall be subdivided unless it is of such character that it can be used for boundary purposes without danger of health and safety. And shall provide means of drainage and sanitary sewage disposal adequate in the opinion of the Board to fully protect the public health. " Specifically the Planning Board points to the following deficiencies : a. The watershed boundaries are not totally delineated on the plans and such additional watershed area has not been taken into account in the drainage computations . The drainage computations erroneously assumes runoff from outside the property boundaries drain onto the locus. See Sec. III ,B, 3 ,k, b. The Drainage computations for the ponding/detention on Lots 7 and 8 do not take info account the second ponding area on Lot 9 14, which is c-or `e'd'ted hydrologically by a culvert. Insufficient data is presented in the computations to verify the stage--storage computations of either detention pond. c. The project runoff curve numbers (RCN) in the drainage computations have been calculated erroneously for project conditions and are shown considerably lower than what actual values would be. Computations should be using the tabulated values in TR-55 for residential districts by average lot size unless proof can be delineated that the developments lot size is considerably different . Development should account for the actual soil lines within each respective lot or areas . Developed conditions should also be based upon actual amount of forest lost due to dwellings , grading , septic system grading and fillingas well as roadway and driveway side slopes . d. The topographic plans delineate vague representative, project watershed boundaries that are used to minimize runoff in, certain areas and redirect flow into the proposed detention ponds, however the plans do not covenant specifically how each lot development will guarantee that the proposed watershed. boundaries will be constructed in the field to insure that actualsrunoff. water in the design storm flows where the drainage computations- dictate . e . The project has been designed to flow surface water directly onto Forest Street both in point discharge and sheet flow from the proposed roadway and from lots 1 , 2 , 6 11 . Notwithstanding that the proposed leaching basin construction do not meet the Planning Boards criteria for road catch basins. The Board' s of the opinion that, due to the high water table in the area, specifically in the winter and Spring months , the proposed leaching basins will be only minimally effective during light Summer rains , the subdivision as designed will cause surface water flow directly onto Forest Street causing extremely hazardous driving conditions . While technically some of area i presently flows onto Forest Street, the project will be increasing the runoff onto the Street through point discharge as well since Area 1B will more than double . Po A` T W 0 4 LONG PASTURE The Planning Board disagrees, with the Engineers report of December 29', 1987 in which it 1 be a decrease in runoff 1 is stated that 'there w ill same assumpt " to the Plisinskils property. By -the ion used that area iB will tlOw to the wetland at Plislinskis 1 so W' ll i the balance of the runoff frp, Lot 1 , 2 and 11 flow to the Plislnsx,�is as gutter flow down Forest Sti-,eet . 9. D,I­,ainage computations nave not bueen submitted indicating what the extentof flooding is presently on the Plisinskis property. su i fficient data the, i Owl' 1 ion th $ Plann 1 inn Board is of the opinion that Easterly port i of e locus as well as the Pli instil s property is an solated area subject tt f1kooding as defined the rules and o regulations of Chapter 131 and that fill . 4"1 n Lot 11 may worsen the flooding conditions thereon. ing h. Soil map delineations are on a differen t sca le than th e top�ograp 'h ic plan and likewise the watershed boundary delineation on a different scale which denies proper checking and review of the discharge Computations . Insufficient topographic detail has been provided to properly i r 1 1 ev, ew the intent of the roadway crossing between Lots 3 and 7 . The water surface extent of the ponds and elevation as well as fround elevations at the proposed culvert crossing not show n on the plan The Planning Board is, of the opini areon that the plans do not indicate whether or, not the project proposes lowering the pond elevation or filling the pond. The two 18, inch culvert inverts on Lot 3 are 2 . 5 feet different in elevation and are not necessarily on grade . The same i data i important is noticeably absent from all wetland and driveway cross ' ings . No drainage computations were submitted for the driveway cross on Lets , 8 and 9 . ing 2 , Insufficient details, on rip=rap c onst ruc tion alignment , stone size base and length have been submitted. 3 , The water main loop * ing shall extend from the end of the cul-de- and run across Lot 6 and t sac he rear of Lot 7 in order to eliminate the proposed construction in the wetland on Lot 8 . Executed water main easement and constructlion and existing topographic details to Turtl e Lane have n o t be en s ubm i tted to the Planning Board for review. :5+AA%V%Ck or 4 . NoApermanent bench mark has been shown for It e subdivision w ich 4 sh�tll be on National Geodetic Vertical Datum in accordance with the rules and regulations . The temporary bench marks shown on the plans will be destroyed during construction and therefore can not be considered as satisfying Sec. iii , B. 3 .p * * #5 . The Planning Board is of the, opinion that the propose construction schedule shall be revised to require that proper setting o 1. 1 controls prior to and work b f erosion egins . THe proposed cutting of trees prior to erosion controls preclude,s careful tree cutting be over zealous woodsmen, F6,9o, There shall be no common driveways within this subdivision. Planning 7' . The Board requires minimum floor elevations to be set which is at least two '-(2) feet above Spring Water Tables and 100 year base flood elevation in the detent * ion ponds . Potential PAGE THREE, LONG PASTURE problems exist in Lot 3, and Lot 9 . A note on the record plan will specify that all floor elevations will be . set at least two (2) feet above Spring Water Table elevation within the foundation area and will be two (2) feet above detention pond elevation at a 100 year storm, 8 , Since the driveway crossing on Lot 3 acts, also as a dam to qetain storm water, detail cross sections indicating proper construction including impervious cut-off wall , will be submitted and shown on the plans 9. No lots will be, released from the statutory covenant until all driveways which effect the proposed watershed boundaries and driveway crossings have been installed and certification from the Design Engineer has been received by the Planning Board certifying that watershed boundaries have been constructed in accordance with the project plans and that drainage/detention is in accordance with the drainage c omputations and the plans . 104 An As,-built plan and profile and acceptance plan will be submitted for approval by the Planning Board prior to release of final bond money. A bond in the amount of $4800 .0�O will be posted with the Planning Board for the As-built and Acceptance plans . 11 . In accordance with the Planning Boards rules and regulations , Sec . III , B. 3 .k all cuts and fills shall be delineated on the topographic plan to indicate which areas are to be filled and/or excavated. This shall be performed for the purposes of ascertaining compliance with the drainage computations , A separate topographic plan will be used for this purpose so as not to destroy the readability of the existing sheets 4 & 5 . Long Pasture Definitive S,1__r1)di .,,i ir,n Conditional Approval T'he following conditions he me- 1-0 by the app l i-cant prior to the Planning Board signing the plans to he filed wit-oh the Registry of Deeds Office: 4 . The app l i c,-krit skrra l l suhm i t revised stormwater runoff cal culat ioi,is which will show the mitigation of runoff for this sr_xbd i v i-s i-car-i . I he system will be designed to handle a 100 year event . 5 . Prior t:o s i gri i rig the Definitive Plans all executed' deeds of easements and parcels shall be submitted to the Planning Board. acid held i rr escrow urr-it i l the completion . At the time of completion and prior to final security rei ease , . the deve l'oper shall record said documents for the Town . 6 . The P 1 ann i.nq Board shall approve an erosion control plan prim- to arty bti i l d i nq per-m i is are issued for any lot contained iri this c::.;ubdi.vi lion . 7. Additional spot elevations shall be provided on Lot 1 , along with -,a dra i riage easement for a retention pond . 13. A pipe outlet detail shall be provided in the final plans to provide rip--rap spec if icat ions . 9 . The waterline shall be routed along the border of Lot 6 and the re'-Ar of [-o t 7 to the end of the cul -de-sac to ei imi ni ato cons truc t i ter) within the we t l and l All l {ti)Q year flood levels shall be placed within all detention areas . l 1 . Detail p l ans Shall he subm i t ted indicating the proper cans truc t i on of the driveway shown on Lot 3 . 12. Additional dr a i name b asi rrs shall be installed at stat i❑rl 24 5() per- t hp r eqr_t i t emen i s of IDPW . 13, In accordance with the Pl:-inning Boards Pules and Regulations , Section 1 I 1 , 0 . 3 . k , all cuts and fills shall be delineated on the topographic plan to indicate which areas are to be filled and/or excavated ,. This shall be per-formed for the purposes of ascertaining compliance with the d r a I rage c0 tip u tat: i❑rrs . A separate topographic plan w i l I be used for- t1j i s purpose so as not to destroy the readability of the existing sheets 4 and 5 . All Planning Board Order of Co"ditions are to be placed on the recorded Definitive Plan, (cover sheet ) prior to endorsement and filing with the Registry of Deeds . The f'oiiowing conditions shall be placed on the cover Sheet : 1 . No Certi �icabe of Occupancy shall be issued for any structure built in this subdivision prior to the binder coat of bituminous pavement being placed to the satisfaction of the Department of Public Works . The binder coat of hottop ' shall be 20 ' wide as required by the DPW, 2 . Any Order of Condition issued by the NACC , or any final determination obtained by the applicant related to resource area�i under the jurisdiction of the Wetlands Protection Act found on this site which requires changes in this subdivision shall file an application to the Board for a Definitive Modification . 3. The waive, is hereby granted , in order to allow tke --Applicant access to rear portion of this "L" shaped parcel of ) and , and that the connection with Turtle Lane is impossible due to a defective Easement Agreement . ( 500 ' required - 767 ' granted ) 4 . The house located. on Lot 5 shall be residentially sprinkiered since it exist over 500 ' from the nearest fire hydrant located on Long Pa5ture Road , as required by the NAFD . 5 ~ All iot numbers shal } be posted during construction . 6 . A\ \ homes- served by a common driveway shall install residentia } spr � nk )er sy�tems in accordance with NEPA 13D . 7 . Al ] septic system design shall be approved by the Board of Health prior to any building permits being issued for any lot in this subdivision . B. A Bond in the amnunt of �4 , 8OO for the As-Built Plans Shall not be released until approved by the Planning Board . 9 . Minimum floor elevations shall be set at leo=5t two feet higher than the Spring watertables at the 100 year flood . 10. All water ] i '`e easements shown on the approved plans shall be filed by deed . 11 . All proposed grading and construction activity shall be done in acco,daoce with approved plans . 12 . No lots will be released from the statutory covenant until all drivew.ays which effect the proposed watershed boundaries and driveway cros� } ngs have been installed and certification from the De� ign Enqir,eer has be received by the Planning Board certifying th�t watershed boundaries have been constructed in :iccordance with the project plans and that drainnqe/��tpntinn is in accordance with the drainage comput U`e n \ "nc-) ' e The fo 11 ow i ng p 1 ans sha i I he deemed approved by th i s dec i s i on P 1 ans: Ent i t 1 ed Def i n i t i.ve R:ihd i v i s i on of Long Pasture sIIeets I ,12 , 3 ,It ,,'1 ,1) r�Xld 7 . . Prepared by Christiansen Sergi Dated : August 28, 1907 F : Not-ice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Definitive Subdivision "Pl L By` Christiansen & Sergi, In dated 1 1.9 The North Andover Planning Board has voted to APPROVE said plan, subject to the fol3.o;i ng 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 corms struction of ways and the installation of municipal services within said sub- di.visiont all as provided by G.L. c. 41, S` 81awU. 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 Board t no bu .l.ding 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. 4. other conditions: SEE ATTACHED -4*.x n - " _`dw c.3 M M rn X• w�� wy y■7 In the event that no appeal shah. have been taken from said approval.. within twenty days s from this date t the North Andover P1. Board will forthwith thereafter endorse its formal approval upon said plan. f Th orth o Pl g Bo hasp AP D d p for,,, he f o 3 h NORTH ANDOVER PLANNIM BOARD Date: March 312 1988 By: George ' f 1 • _ 1 FORM C p r r r Y APPLIOATI04 FOR APPROVAL of DEFINITIVE PLMT t,I, � ,F,I August 28 `. To' the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41# Section 81-�Lr for approval of a proposed subdivision shown on a plan entitled ' Definitive Subdivision Plan of Long Pasture by Christia-fisen &. Sergi , Inc . dated August 28 , 1987 being Land bounded as follows: See attachment hereby submits said plan as a DEFINITIV:E 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. Title Reference: North Essex Deeds r Book 15 51r Page go ; or Certificate of Title No. r Registration Book page 6 or Other. Said plan has XX has not( ] evolved from a preliminary plan submitted to the Board of J a n u a r y. 3 O - 1.9 8 7� and approved (with modifications) ( ] disapproved fX) on .,. A D' s_1 l 4 19 ,,,$ ,..• The undersigned hereby applies for the approval of said DBFINIT plan by `the Board, and in furtherance thereof hereby agrees to abide b3'' the Beard's Rules and Re ati.ons. The undersigned hereby further covenants and agrees with the Town of North Aridover, upon approval of said DEFINITIVE plan by the Board:01. To install. utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor r the Boar&of Health r and all general as well as zoning by—laws of said Townt as are applicable to the i.nstall.ation 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 Iv and v of the Rules and Regulations of the Pl Board and the approved rp d DEFINITIVE plug r profiles and cross sections of the same. Said plan# prof iles r cross sectioni and construction specifications are speci.f icaUy, by reference, incorporated herein and made a part of this appUcation. This application and the covenants and agree�- ments herein sha11. be binding upon al.l heirs r executors r administrators, successors, grantees of the whole or part of said land, and assi s of the undersigned; and gn 3• To complete the aforesaid insta],.1.ations and construction within two (2) ` years from the date hereof, Received by Town Clerk: _ Date: 8ig-n tune of Applicant Times 66 S rin& Hill Road Signature: North Andover , MA 01845 Address . . .. . . ' Lnng P De/ i n i t ` ve Subd i v i Conditional App,oval ' The following cuoditions shall be met by the �pp ) icant prior to the Planning Board signing the plaos to be filcd with the Registry of Deeds Office : 4. The epp \ irant shaiI submit re«ised stormw ate r runoff calculations which will show the mitigation of runoff for this subdivision. The system will be 4esigned to handle a 1.00 year event . 5 . Prior to siyning the Deiinitjve Pl�ns all �xecuted deeds for easements and parcel7, shall be submitted to the Planning Board and held in escrow until the completion .. At thc?- time of completion and prior to final securlty release , the developer shall record said documents for the Town . 6 The Planning Ooard shall approve an erosion control plan prior to any building pe,mits are issued for any lot contained in this subdivision. 7. Additional �pot elevRtion,; sha1 } be provided in Lot 1 , along with a drainage for a , etention porId . A p i p e o u t le t d e t a i I s h a l l b e p r o v i d pd i n t h e f i na l p l a ns to provide rip-rap ncifications . �� The wa er l i ne shal 1 be rou �ed along the border of Lot 6 and the rear \ � � of Lot 7 to the end of the cu ] -de-sac to eliminiate construction within the wetland . LD. Al ] lOD year flood levePs d`a ) l be placed within all detention areas . 1 1 . AdditionEi] drainage basi,`� shal l be in�tal ] ed at station 2+50 per the requirements of DPW. In accordance with the Ooard Rules cand Regulations , Section ' IlI , B . 3 . | , e | l cuts and [ ) lls sha] l be delineated on the topographjc plan to indicate which � to be filled and/or excavated . Thi s sha ] l be pe,formpd for the purposes�-- or scertaining comp1iance with the drainage comnutation� . A �rparate topographic plan will bp usP_d for th i s purpose so as no t Lc` destrny the readab i ] i ty of the ex ist iog sheets 4 and 5 . 13 . Th e c u t t i ng n F s h a d e t r e e-s m i t h i n t h e r i q h t-o F-wa y s h a \ l b e l i m i t ed i n accordance with M'B' L ' Chanter 87 , �ection 3. 14 , Lot ] l shall not be hui \ F upo" for three ( 3 ) years in accordance with Chapter 41 , Section 81U . 15. The easement [o, the water line from Tu, tle Lane to this subdivision shall be submitted tu the Dua,'d . � , ' � ' � ~ , - / l 6, T r e e c v � � i ng s»a� l b e k�(, � t o � m i n i mu m t h r o u g h o u t t h� p r o J�c t i n order to minimire erosinn and preserve the natural features jof the site accnrdtng \ y , t h P deve ) nper , in conjunctipn with a registered arborist shali submit a tree cuiting and reforestation plan the plan is for areas of substantiaL cutting and filling > to be reviewed by ths Plannj ``g Board . This p ] eo shall rxplicity include specific tree� to b e r e t a i n e d . Also t h e d e v e 1 o p e r s h a l l i n f o r m t h e Town P l��n n�r when sianificant tree cutting js to occur in order that the Planner may determine the »(2ed to be prcsent . Tree cutting in the approved utillty easemonts shall I c kept to a minimum and within the easement . Any trees removed outsidp the easement lines will be replaced by the same species nrior to lot re- lease . 17. The drainage easements contained on Lot�F, 1 and 11 are not sufficiently sized to accomodate additional stormwater run-off from the roadway . The easements shal1 be e^panded as follows : Lot l 90 ' x 90 ` Lot I 1I5 ' x 160 ' 18 . The dwe] ling )oc�ted on Lo �s l and \ i shall b� re] ocated in accordancs with the expanded drainaqe easement contained on those lots as specified In this dec i G inn ' No tree removal or grading shall be- allowed 'within the drainaqe ea�emenLs , 19. There are no cnnstruction details for the driveway crossing for Lot 3 which protect the integrIty- of the driveway and will act as a dam to impound water . A construction detai \ shall be provided for the construction o [ the driveway on Lot 3 which provides for the flow of wster under the driveway sufficiently designed to prevent the impounding of water on the lot ' 20 . Lot 11. shall not be built on for a period of three ( 3 ) years upon the application of the binder coat to the roadway . The Board further specifies that after the th` ee ( 3 ), year period contained in this condition; should Lot l } not oerform as specified in the drainage calculations and related site improvements acs. submitted with this application, the owner shall noC place a structure on Lot 11 . 2� . Show the extension of the l2" water line along the entire frontage of �� ~ the subdivision to Forest Stret?t . 22 . Dwelling on Lnt 11 shall be Lback the required front yard distance from the drainage easement adjacent to Forest Street , 2B. Drainage easements shown on Lots 7 and 8 do not adequately enclose the flood elevation and shall be enlarged to encompass elevation 105. j. Drainaoe easements shown on Lots 2 and 3 do not adequately enclose the fIood elevation and l be enlarged to encompass elevation 103 . 25~ A detailed drainage section shal \ be 5ubmitted for the driveway located on Lot 8. The d ivew�v shall bp designed to allow w ter to flow frnm Lot c.? .j. n t o the drainage eas t m eJ+ cbnta in Lots 7 and 8 . A restr ic t ion shall be p l �ced wi th i n the deed of ''U(i 8 which shall spec 1.fy that the dr ivFway w� ] \ be buj It' and maintained in accordance wikh the p ] ans e--ipproved hv the Planning' Board . . ` - . . v 26 . There �' e n� �a 'eguar'�s tn i nsure '� l e�r l ng aridme i nten�n�e of the existing ditch along Forest Street . [here sha ] l be cIear document�tion sobmitted to the Buard to insure no Storm run-off f \ ows onto Fore�:,L "D'tr,,et frmm th subdivisjnn and fUrtrier that the ditch shall be pitched and constructed to in�ure that the stormmiater run-off shall fIow into the drainegr easements located on Lots l and 11 . Al \ Planning Boa_ rd Order of ConditionS are to he Placed on the recorded De f i n i t i v e Plan ( c o v e r sheet ) p, \ o/' to e nd o, s eme n t and -filing with t h e Registry of Ueed� . The following condition� shall be placed on the cover sheet : 1 . No CertiFicate o [ Occup�ancy sha ) l be issued for any structure built in this subdiviE.ioo prior to the binder coat of bituminous pavement being Placed to the satisfaction of the Dep�rtment of Public Works . The binder coat of hottop shall be 28 ' wide as required by the DPW . 2. Any O,d/,r of* Flnnd i t i on i ssued by the NACC , or any final determ i na t i on obtained by thr applic.ant to /esource areas under the ' jurisdiction of the Wetlands Protection Oct found on this site which requires changes in this �hall file an application to the Board for a Definitive Modi [ication . 3. The cul -de-sac length w� iver iS hereby granted , in order to allow the applicant access to rear pnrtion of this "L" shaped parcel of land � and that the cnnnection with Turtle iane iS impossible due to a defective agreeme``t ( 500 ' equ i red , 767 ' granted ) . 4 ~ The house located on Lot 5 shall bc? /esidentia] ly sprinklered since it is located over 5 O V ' from L h e no a r e s t fire hydrant located on Long Pas-ture Road as required by the NAFD , 5, All lot numbers shall be po�ted du,- i`ig construction. . 6 . All ser ,c)d by a common driveway shall instal residential sprinkler sy ems in accnrdance with NEPA 13D. 7 . A] l septic design �hall be approved by the Board of Hcaalth prior to any building permits being issued for any lot in this subdivi5Jon, 8. A bond in the amount of $4 , 000 for the As-Built Pians shell not be- released until approved by the Planning Board ~ 9. Minimum floor elevati s l be 7-je t at least two feet higher than the spring water tab ] e 10. All waterline easements shown on the approved plans shall be filed by deed ~ l 1 . ()It grading and c"nst, uct ion activity shall be done in accordance with approved p } anTI . . ' ' rn ' ' ' l . � - - � -� 12 ` No l o t i l l b e r e l e e s e d f r o m t h e s t a t u t o r y c o v e n e n t u n t i l l l driveways which effect the proposed watershed boundaries and driveway crosslng� have b�en insta] ]ed ond certification from the Design Engineer has been received hy the planning Bo�rd certifying that watershed boundaries have been constructed in accordance with the project plans and that drainage/detention is in accordance with the drainage computations and the plans . 13 . This subdivision must comply with the requirements of Section 4 , 2 of the Zoning Bylaw. ( Phase Development Bylaw) . The following plans shall be deemed approved by this decision: Plans: Entitled Definitive Subdivision of Long Pasture Sheets 1 , 2 , 3 ,4 ,5, 6, and 7. Prepared by : Christiansen & Sergi Dated : August 28, 1987 ' Plans : Entitled Definitive Subdivision of Long Pasture Sheets I and 2. Prepared by : Christiansen & Sergi Dated: March 31 , 1988 cc : Director of Public Works Board of Public Works Highway Surveyor Tree Warden Board of Health Conservation Commission Bui ] dirig Inspector ' Police Chief Fire Chief Applicant ' Engineer File c, Ca �n2w