HomeMy WebLinkAbout1994-08-24 Application for Approval of Def Plan & Conditional Appvl Meadowood III DEF SUB s
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FORM C TOwow
DR, H A N 0
Hu, 13 2 3,APPLICATION FOR AP]PROVAL CF DEF=M�J-AN
A M
May 13 1 9
To the P Beams of the Town f' North Andover.
The undersignedv, be the applicant defined under Chapter 41, Section
L x for, approval a, proposed di ion 3hown on a plan entitled
Speci'al Permit and Definitive Plan, M'eadowood North Andover, Massachusetts
by Merrimack Engineering Services, Inc. dated A J*1-, 19 9 4
beingland bounded as, follows:. yes ter v by Hillside Road 'Northerly y
LO Meadowoo -II Subdiv ision,...,gaster y . by. Willow St-reet,,.. Southerly
y Viand ,elf Mscisz
hereby wibmi s said plan as a DEFINI plan in accordance with tJ2e Rules and
Rqtalations of the North Andover Pla=!-ne Board d makes application to the.
Board for, approval of' 3aid
1191 2
Title Reference North Essex Deady, Book 1`232 Page 150 or
Certificate of Title No. Registration Boob r
Other.
Said plan has( has not X evolved from a, preliminary plan subaitted to
the Board, of 19 and approved (with modifications)
disapproved 19 0
The undersigned hereby applies for the approval said plan
by the Board, and in furtherancethereof hereby agrees b a by the ?e
Rules and Regulations. The undersigned hereby, furthercovenants and agrees
with to Town of North Andover, upon approval of said DEFINITIVE plan h
To install utilities in accordance with the es and regulations of the
P Works Departmentt the Highway Surveyor, the
By off" Health, and generalwell e zoning byelaw3 of said Town.,
as are applicable to the installation Of utilities within the limits of
s streets r
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2. To complete and construct the streets or ways and other mprovevents shom
thereon a rdance with Sections Iv and V of the Rules and, Regulation
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f the 1 � and the approved DEFINI � Plantprofiles and cross.
sect .cns of the same* Said pan prof es cross suet ow and construction,
"specifications are specificallypy by reference c rpor ated herein and made
part of this applicatione This application and the covenants and agree.
menu here hell to
e inding upon all heirst executrs , arim strre
sue essors grantees of the whole or part of said land, and as3igns olf, the
undersigned* and
To complete the aforesaid installations and construction wi- hili 2)
Years from the date hereof"
Received by Town Clerk:
Date.
S t f App c t MINIMUM,
P.O. Box 6700
Time,
Noirth Andover, 1845
Address
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Notice to APPLICANT/TOWN CLERK and Certification of Action of P1 Board
on Definitive Subdivision Plan entitled.
By: dated t 19 .
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The North Andover Planning Board has voted to APPROVE said plans subject to the
f ollowing conditions
1. That the record owners of the subject land f orthwith execute and record
a "covenant rurming with the land" or otherwise provide security for the con—
st. fiction of wags and the installation of municipal services within said sub-
di•..0.3ion, all as provided by G.L. c. 11.p S. 81—U.
2. That aZ:I. such construction and inst.a3lations"sha11..-in,a1 l. 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 building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health* .
4o other conditions:
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In the event that no appeal shall, have been taken from said approval within
twenty days from this date, the North Andover P Board will f orth4ith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
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NORTH ANDOVER PLAHNIM BOARD
Date*
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Meadowood III
Defieni"tive Subdivision Condl*tional Approval
The PlanningBoard herein approves a twenty eight (28) lot
Definitive Subdivision known as Meadowood III containing 26 new
homes, one existing hams, and a 9 , 895 acre open lot Hated as
Parcel A. The application was submitted by Hillside Realty
Trust, P.O. Box 6700, North Andover,, MA 18 4 5,, dated May 13 ,
1994 . The area affected contains approximately 14 . 83 acres in a
Residential_ 6 Zone cuff of Willow Street
The Planning Board makes thefollowing findings as required by
the Rules and Regulations Governincr the Subdivision of Land:
A. The Definitive Plan, dated April,, 1994includes all of the
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infor mation 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 Re ulati ns
except as noted in condition 16
C, The Definitive Plan is 'in conformance with the purpose and.
i �r intent o,f the Subdivision Control Lair.
D* The Definitive Plan complies with all of the review comments
submitted by various town departments except these comments
submitted by the DPW, in order to comply with ,state lair,
town by-laws and insure the public health, safety, and
welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw req uirements so long as the following.
conditions are followed
1. Within ninety (90�) days of th ��linc of this decision with
the Town Clerk' s office, the appli
: cant must apply for all
n c; a Derr its to construct that portion of the roadway
from Station 4+50 through to the property boundary of the
Nadine Lane subdivision. Upon receipt of all necessary
permits and approvals, the applicant must construct this
roadway. The construction must be coordinated with the
developers of the Nadine Lane Subdivision, The connection
must be completed unless the Planning Board determines by a.
majority rity vote that the Nadine Lane connection is not
permi,ttable
The lann ng Board bel .eves that this connection i
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necessary for the publics safety of the citizens living in
this subdivision e The current traffic conditions on .Route
12.E dictate that Motorists be given two different access
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points onto that route. Furthermore, the roadway connection
provides a physical and psychological connection between the
adjacent R-6 neighborhoods as was part of the overall design
and plan of the R-6 Zoning District.
The Planning Board has waived the right-of-way width from
fifty (5 0) feet to forty (4 0) feet, has waived the pavement
width requirement from twenty-six (26) feet to twenty-four
(2 4) feet, has waived the sidewalk width from five (5) feet
to four (4) feet, and has waived the pavement width of the
roadway connection to twenty-two (22) feet in an effort to
make this roadway connection feasible given the conservation
issues present on the site.
2 . Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following.
. : The applicant must submit the design and grading of the
roadway connection from Station 4+5 to the property
boundary of the Nadine Lane subdivision for review by
the Division of Public Works and the Planning Board.
b.: The applicant must submit the design and grading for a
temporary cul--de--sac on Peterson Lane to be utilized
until such time as the roadway connection to the Nadine
Lane subdivision is completed. The design and grading
will be reviewed by the Division of Public Works and
the Planning Board.
c Cape Cod berm must be installed throughout the entire
subdivision. The berm must be shown on the plans and
the detail for a typical roadway cross--section.
d The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board' s
decision.
e A detailed construction schedule must be submitted as
part of 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 3 (c) .
g Right of way dedication easements for the proposed
roadway shall be prepared at the applicant ' s expense
and provided to the Planning office.
h The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
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subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds.
i. All drainage, water, and sewage facility designs shall
be approved by the North Andover Division of Public
Works. Provisions for water intrusion mitigation shall
be included in the design and shown on the construction
schedule required in Condition l (d) .
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All application fees must be paid in full and verified
by the Town Planner.
k. A detailed street tree planting list shall be prepared
listing specific material to be used. This list shall
indicate quantity and size of all proposed material .
1 . The Special Permit and Subdivision Decision for this
project must be included as part of the plans.
m. . The plans must he endorsed within ninety (90) days of
the filing of the decision with the Town Clerk or this
approval is deemed automatically rescinded.
All documents shall be prepared. at the expense of the
applicant, as required by the Planning Board Rules and
Regulations Govern in the Subdivision of Land.
Endorsement of the plans is proof of satisfaction of the
above conditions.
3 . Prior to the start of construction:
a. The referenced plans must be endorsed by the Planning
Board and referenced by the applicant at the Essex
North Registry of Deeds.
b. Three (3) complete copies of the recorded plans and two
(2) copies of the following recorded documents must be
submitted to the Planning office. Subdivision Approval,
Special Permit Approval, FORM I Covenant, FORM M
Utility Easement, Roadway Easement.
c. All erosion control measures must be in place and
reviewed by the 'Town Planner.
d. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission "order of Conditions" , if one exists, must
be on file at the Division of Public Works prior to
issuance of permits for connections to, utilities. The
subdivision construction and installation shall in all
respects conform to the rules and regulations and
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specifications of the Division of Public Works.
e All state approvals required for the subdivision shall
be filed with the Division of Public Works and the
Planning g Office prior to commen cing work on the
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subd iv s on
4 . Prior to any lots being released from the statutory
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covenant.
a Prior to the release of lots 17' , 18 and 19 all permits
must be in hand for the construction of the roadway
from Station 4+50 through to the property boundary of
the Nadine Lane subdivis,i car . If the Planning Board
determines that the roadway connection to the Nadine
Lane subdivision the construction of lots 17 , 18 , and
19 shall be subject to the construction of a permanent
cul-de-sac.
1111101
All site erosion control measures required to protect
off-site properties from the effects of or 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.
°lwThe applicant must submit a lot release FORM J to, the
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Planning Board for signature.
d A Performance Security (Roadway Bond) in an amount to
be determined by the Planning Board, upon the
recommendation of the Department of Public Works, shall
be posted to ensure completion of the work in
accordance with the Plans approved as part of this
conditional approval , Items covered by the Bond may
include, but shall not be limited to:
1. as-built drawings,
ii, sewers and utilities
11 roadway construction and maintenance
iv. lot and site erosion control
viol site screening and street trees
Vi. drainage facilities
V110 site restoration
v final site cleanup
5 Prior to a FORM U verification (building perm"it issuance)
for an 'individual lot, the following 'information is required
by the Planning Department
a,. A plot plan for the lot 'in question must be submitted,
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which includes all of the following:
i. location of the structure,
location of the driveways,
location of the septic systems if applicable,
iv. location of all water and sewer lines,
V. 1 o c a t i on o f wetlands and any site
improvements required under a NACC order of
condition,
vi. any grading called for on the lot,
vii. all required zoning setbacks, including
` buffer zones and no-cut lines,
viii, location of any drainage, utility and other
easements.
b. All appropriate erosion control measures for the lot
shall be in place. Final determination of appropriate
measures shall be made by the Planning Board or Staff.
c. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
d. The lot in question shall be staked in the field. The
location of any major departures from the plan must be
shown. The Town Planner shall verify this information.
e. 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. 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, surer, 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.
b. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health and Conservation Commission.
c. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question shall be stabilized,
as solely determined by the Planning Board in regards
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to erosion, water run off and safety.
e. All lots must be raked, loamed and seeded, sodded or
mulched if the weather does not permit seeding or
sodding.
f. 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.
g. The Planning , Board reserves the right to review the
s ite after construction is complete and require
additional site screening as it deems necessary and
reasonable.
7 . Prior to the final release of security retained for the site
by the Town, the following shall be completed by the
applicant:
a. The roadway connection to from Station 4+5 to the
property boundary of the Nadine Lane subdivision must
be constructed unless the Planning Board has determined
by a majority vote that the Nadine Lane connection is
not permittable.
b. The Planning Board will , by a majority, vote to release
any security retained.
C. An as-built plan and profile of the site shall be
submitted for review and approval .
d. The applicant shall petition Town Meeting for public
acceptance of the street. Prior to submitting a
warrant article for such petition the applicant shall
review the subdivision and all remaining work with the
Town Planner and Department of Public works. The
Planning 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.
e. The Town Planner 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
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plans and conditions.
8 . 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. The Planning Board
shall approve any entrance structures. Any lighting used
for entrance signs must be removed prior to acceptance of
the subdivision by the Town.
9. The applicant shall adhere to the following requirements of
the Division of Public Works
a. cape Cod berm must be installed throughout the entire
subdivision.
b. The applicant must install a twelve (1211) inch water
main along the Andover By--Pass one-half way to Willow
Street to meet with the proposed extensions from Willow
Street by the developers of Nadine Lane.
C. The Gallant property must be connected to the proposed
water main as their water service currently passes
through Lots 9 and 10.
d. The proposed hydrant in Peterson Lane must be placed on
a branch at the temporary end of the water main.
e, The water service must be sized to deliver adequate
volume for both domestic use and residential sprinkler
flows.
f, A permit must be obtained from Mass Highway for
excavating in Route 125 right-of-way for the water main
installation.
g. Peak stormwater flow rates at the boundaries of the
development must be no higher following development
than prior to development.
h. Easements must be provided for utility connections to
Lot 10, 18, 24, and 25.
i. A ten (10) foot separation should be maintained between
the leaching pits and sewer and water service where
possible. The pits should not preclude the direct
perpendicular connection of the service to the house.
j . Adequate compaction and suitable bedding must be
provided beyond Station 2+0 on Peterson lane Where the
sewer will be installed above the natural grade.
k. A sewer extension permit must be obtained from the
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Division of Water Pollution Control of the Mass
Department of Environmental protection.
1. The sewer will be subject to the policies of the
Division of Public Works regarding the removal of
existing infiltration/inflow in the receiving sewage.
m. A complete set of signed plans, a copy of the Planning
Board decision, and a copy of the Conservation
Commission order of Conditions must be on file at the
Division of Public Works prior to issuance of permits
for connection to utilities.
10 . 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.
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, drainage facilities, grading or no-
cut lines, may be subject to modification by the Planning
Board.
16 . The following waivers from the Rules and Regulations
Governing the Subdivision of Land, North Andover,
Massachusetts - Revised February, 1989 have been granted by
the Planning Board:
Section 7 (A) (2) Width. The right-of-way requirement of fifty
(5 0) feet is waived to forty (4 0) feet, The P1 ann ing Board
waives this requirement as this site is located in the R-6
zone which warrants smaller right-of-ways and also due to
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the need to reduce the amount of impact to wetland areas due
to the roadway connection between Station 4+50 to the
property boundary of the Nadine Lane subdivision.
Section 7 (B) (4) Streets and Roadways: The Planning Board
waives the requirement of twenty--six (26) feet of pavement
for a connecting road down to twenty-four( 2 4) feet. The
pavement from Station 4+50 through to the property line of
the Nadine Lane subdivision is waived to twenty-two (22)
feet. The is requirement is waived due to reduced right-of-
way size and also due to the need to reduce the amount of
impact to wetland areas due to the roadway connection
between Station 4+50 to the property boundary of the Nadine
Lane subdivision.
Section 7 (o) (1) Shoulders: The requirement of an eight (8)
foot shoulder has been waived due to the reduced right-of-
way width.
Section 7 (D) (1) Sidewalks*. The requirement of a five (5)
foot sidewalk has been waived to allow for a four (4) foot
sidewalk. This waiver is granted based upon the reduce
right-of-way width and the need to maintain a one (1.) foot
grass strip between the sidewalk and the property line.
17 , This decision will automatically be rescinded if the
utilities have not been installed and the street has not
been constructed to binder coat within two (2) years from
the date this decision is filed with the Town Clerk' s
office.
18 . This Definitive Subdivision Approval is based upon a Special
Permit granted in accordance with Section 4 . 125, 10 . 3 and
10 , 31 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals are both based upon the
following information:
Plans: Special Permit and Definitive Plans
Meadowood III
North Andover, Mass,
Owner and
Developer: Hillside Realty Trust
P.O. Box 5700 -Suite 209
North Andover, Mass.
Prepared by: Merrimack Engineering Services, Inc.
66 Park Street
North Andover, MA
Sheet 1: Title Sheet
April, 1994
Sheet 2 : Property Line Plan
April, 1994 ; rev. 8/3/94
Sheet 3 : Grading Plan
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t m
April 1994 ; rev. 8/3/94
Sheet 4 : Plan & Profile
April, 1994 ; rev. 8/3/94
Sheet 5: Detail
April, 1994
Sheet 6 : Conditions of Approval
April, 1994
CC. Conservation Administrator
Director of Public Works
health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
MeadwoodIII . sub
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µOR Tsq
t r�REN H.P. NELSON o� in Town of 120 Main Street, 01845
Director (508) 682-6483
• _ NORTH ANDOVER
BUILDING �,'••:..� •sy
CONSERVATION SSAcHu5 DIVISION OF
IJEAI:FH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
L.�N
August 30, 1994
Ms. Joyce Bradshaw, Town clerk
120 Main Street
North Andover, MA 01845
Re: Meadowood III - Definitive Subdivision Conditional Approval
Dear Ms, Bradshaw,
In reviewing the Meadowood III Definitive Subdivision
Conditional Approval, I noticed that the phrase is not
permittable" was inadvertently omitted from page 4 paragraph 4 (a)
rendering the sentence incomprehensible. Please remove page 4
from the original decision filed with your office and substitute
the enclosed revised page 4 in the original decision.
Thank you for your assistance in this matter. If you have
any questions please do not hesitate to call me at extension 24 .
Sincerely,
Kathleen Bradle Colwell
Town Planner
cc. K. Nelson, Dior PCD
specifications of the Division of Public Works.
e. All state approvals required for the subdivision shall
be filed with the Division of Public works and the
Planning office prior to commencing work on the
subdivision.
4 . Prior to any lots being released from the statutory
covenant:
a. Prior to the release of lots 17 , 18 and 19 all permits
must be in hand for the construction of the roadway
from Station 4+50 through to the property boundary of
the Nadine Lane subdivision. If the Planning Board
determines that the roadway connection to the Nadine
Lane subdivision is not permittable, the construction
of lots 17 , 18 , and 19 shall be subject to the
construction of a permanent cul-de-sac.
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. A Performance Security (Roadway Bond) in an amount to
be determined by the Planning Board, upon the
recommendation of the Department of Public works, shall
be posted to ensure completion of the work in
accordance with the Plans approved as part of this
conditional approval . Items covered . by the Bond may
include, but shall not be limited to.
i. as-built drawings
i1. 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. final site cleanup
5. Prior to a FORM U verification (building permit issuance)
for an individual lot, the following information is required
by the Planning Department:
a. A plot plan for the lot in question must be submitted,
4