HomeMy WebLinkAbout1987-09-08 Certificate of Action DEF SUB MOD & Application MOD Def Plan Notice 'to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: Rocky Brook
_ Peter R. Breen, Trustee of Rocky Brook Estates
By: Thomas Neve Associate Inc. dated 19
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The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division, all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations 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, 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.
4. Other conditions:
See attached 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 Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PLANNING BOARD
Dates September 8 , 1987 By: Erich W. Nitzsche, Chairman
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FORM C
MODIFICATION
APPLICATION FORX"RGV=OF DEFINITIVE PLAN
September 8 19 87
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
81-L9 for approval of a proposed subdivision shown on a plan entitled
Rockey Brook Estates
by < Thomas Neve Associates, Inc. dated
being land bounded as follows: Northerly by land of Farr & Wilkinson
Easterly by land of Breen & Farr Southerly by land of Giragosian,
Westerly _.by land of Wintergreen Realty Trust
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board,for, approval of said plan.
Title Reference: North Essex Deeds, Book 2011 Page 277, 1 or' 229
Certificate of Title No. , Registration Book page ; or
Other:
Said plan has(x) has not( ) evolved from a preliminary plan submitted to
the Board of April 25 . 19 86 and approved (with modifications)
disapproved on August 31 t 19 87
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Hoard, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by—laws of said Town,
as are applicable to the installation 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 Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, ,profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall,be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
�3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Deceived by Town Clerk:
Date: Signature of Applicant
Time:
Signature:
Address
ROCKY BROOK DEFINITIVE SUBDIVISION MODICIATION
DECISION ? !i
AUGUST 31 , 1987 t
a. All Planning Board Order of Conditins are to be placed on the
recorded definitive plan, (cover sheet) prior to the signature
at a Planning Board Meeting.
b. Prior to signing the definitive plans all executed deeds of
easements and parcels shall be submitted to the Planning Board
and held in escrow until completion. At the time of completion
and prior to final security release, the developer shall execute
such documents for the Town.
C. A certified document shall be submitted to the Planning Board
after the completion of each phase verifying that all utilities
(including electric, telephone, sewer, and cable) have been
installed prior to application of the binder coat. Installation
shall be in accordance with the plans and profile prior to the
release of any lots.
1 . A Notice of Intent shall be filed with the NACC as required under
Chaper 131 - Wetlands Protection Act, and local Conservation
Commission regulations and any changes required may be cause for
reconsideration of the subdivision under M.G.L. Chapter 41 . All
wetlands shall be properly located in accordance with Chapter 131
and shown on the Definitive Subdivision Plans at the time of
submittal.
2 . The roadway layout and alignment shall be revised so as to
minimize wetland crossings .
3 . The roadway cross section and drainage shall be designed to
conform with the Planning Boards Rules and Regulations.
r4 . Two (2) watergates should be shown at Tanglewood Lane and Rocky
Brook intersection with the approval of the Board of Public Works.
5 . The developer will add watergates at stations7 . 00 and 20 . 00 in
accordance with the Subdivision Rules and Regulations (Section
V. , F, (3) .
,6 . Houses, septic systems and proper grading are to be shown on the
plans in accordance with the Subdivision Rules and Regulations
(Section B, 3 (k) ) .
�J . The developer will provide catch basins at the intersection of
Tanglewood and Rocky Brook Road, to be coordinated with the
Division of Public Works .
�8 . A notation shall be made on the plans regarding the removal of
the temporary turn around on lots 7 and 8 in the event that the
road is continued. A condition shall be placed on the record
plan, with special notation on lots 7 and 8 , which specifies
that the temporary turn-around easement on said lots will be
removed and the easement restored to lawn upon the future
submittal upon approval and construction of any extension to
Rocky Brook Road. The developer shall also include a written
clause in a purchase and sale agreements and deeds of the lots
that the road may become a through street at a future date (to
be noted on the plan) .
r9 . Drainage and retention easements shall be on record plans .
1,.0 Parcel A, at the intersection of Rocky Brook and Tanglewood
Lane is unacceptable as an easement and must be shown as part
of the road layout.
The slope easement for Parcel A at the ,intersection of Rocky
Brook and Tanglewood Lane shall be shown on the plans as part
of the road layout. If there is to be an easement then all
documentation shall be submitted to the Planning Board.
11 . Executed deeds of easements shall be submitted to the Planning
Board.
12 . Lot 11 should not be included as a separate lot since it is not
a buildable lot and should be absorbed into adjacent lots . Lot
11 and lot 10 are to be combined to produce one buildable lot
/ to be identified as lot 10-11 .
43 . The 100-year flood plain elevation should be shown in the detention
ponds and floodway of Mosquito Brook.
•_'14 . Mosquito Brook is to be shown on recorded and topographic plans
as it flows through the property.
/15 . A Drainage easement shall be placed on lots on Mosquito Brook
to be measured from the tributary at the rear of each lot shall
be placed along the 100 foot setback from the Mosquito Brook
along the edge of the wetland for the purpose of minimizing
adverse environmental impacts on the watershed of Mosquito Brook.
The easement is to be noted on record plans and lot deeds .
�'16 . The developer shall. work closely with the Tree Warden and the
Planning Board to minimize the amount of tree cutting in the
subdivision. A tree cutting plan (and planting plan where
required) shall be submitted to and approved by the Planning
Board and Tree Warden prior to final Planning Board endorsement
of the Definitive Plan. `-='„
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�17. There shall be no driveways constructed at catch basin or stone
bound locations in accordance with rules and regulations (note
on record plan. )
-1'8 . The water mains shall be shown on the profile sheets in accordance
with the Subdivision Rules and Regulations (Section B, 3, (p) ) .
< 19 . No lot (s) or group of lots will be released from the Statutory
covenant until all street utilities have been installed to the
satisfaction of the Division of Public Works and further that
certification and an interim As-Built plan and profile shall be
submitted for approval to the Planning Board indicating that
all drainage has been installed in accordance with the approved
plans . In the event any drainage has not been installed in
accordance with the approved plans , the Design Engineer shall
substantiate with the revised drainage computations that the
incorrected installation shall not adversely effect any
downstream, abutter and/or the overall drainage design of the
subdivision to the satisfaction of the Planning Board. The
as-built plan and certification shall include all utilites
installed within the street, including, but not limited to
drainage, sewer, gas, water, telephone, fire, cable and electric
and further that all detention basins and off street drainage
has been completed satisfactorily.
20 . No lot (s) or groups of lots shall be neleased from the Statutory
Covenant until the binder coat of bituminous pavement has been
placed to the satisfaction of the Division of Public Works and
certification from the Design Engineer certifies the horizontal
and vertical location of the binder coat is in conformance with
the approved plans.
21 . No lot (s) or group of lots shall be released from the Statutory
Covenant unless the Conservation Commission has approved such
lot construction and has issued either a Negative Determination
or an Order of Conditions on such lot or if neither is applicable
has informed the Planning Board that such lot is not governed by
Chapter 131 .
22. The final As-built and Acceptance plans shall be accompanied by
a Certificate of Compliance from a Registered Professional
Engineer certifying that the grades on all lots and streets have
been established in compliance with the Definitive Plans and that
such grades do not create adverse drainage patterns onto adjoining
lots, streets and/or abutters .
'23 . Developer shall reserve the fee in the roadway from any lot
conveyance.
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24 . All Boiler Plate including but not limited to:
a) Conservation Commission Order of Conditions.
b) Executed Deeds of Easements prior to endorsement.
--25 . Gutter profiles should be submitted for intersection of roadway
with Tanglewood.
26 . The crowns of the pipes should be matched in accordance with
proper engineering procedures with the proper amount of fill
over crowns of pipes to be shown on plan.
The plans shall show the cover at the Catch Basins at the
shoulder of the roadway, station 15 of the profiles shall be
corrected to reflect what is shown on plans.
27 . Erosion and sedimentation control programs shall be submitted
for approval and shown on plans .
28 . A bond in the acount of $20, 000 must be submitted to cover the
amount of the final as-built plan.
29 . Subdivision plans show roadway filling on abutting property of
Wintergreen Realty Trust. Written easements shall be provided
for the filling.
30 . Plans will be provided which show in proper detail and clarity
the existing drainage or retaining wall on Tanglewood. Proper
interface of drainage and retaining walls at intersection of
Tanglewood and Rocky Brook should be shown on plans.
31 . The Plans shall show to the satisfaction of the Planning Board
that the drainage calculationsdo properly mitigate runoff.
32 . No benchmarks are shown on plans in accordance with rules and
regulations, the developer is required to coordinate through
field checks and adapt the plans to reflect accurate benchmarks,
calculations .
33 . All conditionalnotes shall be shown on the subdivision plans .
34 . The length of the deadend road exceeds the maximum allowed
under the Rules and Regulations of the Planning Board (about
2 , 000) . However, the Planning Board will grant a waiver due
to the following considerations and/or conditions :
(1) The Highway Surveyor has no major problems with the length
of the culdesac (per his letters of April, 1987 and May, 1986) .
(2) The developer will install residential sprinkler systems in
conformity with the specifications mentioned in the Fire
Chief' s letter of April 17 , 1987 .
(3) A temporary culdesac has been provided to ensure possible
connection to the abutting property in Boxford.
(4) The developer shall also provide adequate documentation
that the Boxford Planning Board has been notified of the
existence of the Rocky Brook Plan. The developer shall
also provide information (e.g. copy of preliminary plan
of abutting land) to assess the physical possibility of
connection to the abutting land prior to endorsement.
35 Prior to the.release of lots 14 , 18 and 19 , the developer must
demonstrate to the satisfaction of the Planning Board that a
dwelling can be constructed on the site and still conform to
the pertinent Board of Health and zoning requirements.
36 . The Planning Board shall waive the requirement for water main
looping provided that the developer install residential sprinkler
systems in conformity with the Fire Chief' s letter of April 17 ,
1987 .
37 . Prior to endorsement, the developer, shall demonstrate rights
in fee to parcel A and the easement rights to construct roadway
sideslopes on land of Wintergreen Realty Trust.
38 . Per discussion with the developer, the developer shall provide
(prior to endorsement) a permanent public conservation easement
for the Mosquito Brook area and adjacent wetlands; this Conservation
easement shall be included on the final subdivision plan prior to
final signature by the Planning Board. The Town of North Andover
shall not be responsible for maintenance on the property covered
by the Conservation easement. Also, the developer shall provide
(prior to endorsement) 30 ' access easements on lots 14 and 16
in order for the public to reach the area covered under the
Conservation, easement.
39 . Prior to endorsement, the applicant shall submit to the Planning
Board for its approval an appropriate plan for phasing the
construction of the subdivision.
40 . The developer will provide written documentation to the Planning
Board and staff that he has permission, without liability to the
Town of North Andover, to cross the subdivision known as Winter-
green Estates in order to gain access/egress from the proposed
Rocky Brook Subdivision.
41 . In the event Cluster Zoning is passed at the Annual Town M(fqting
this parcel wouldbecome eligible and the Planning Board would
encourage such application.
cc: Highway Surveyor Police Chief
Board of Public Works Fire Chief
Tree Department Assessor
NACC Applicant
Building Inspector Engineer
Health Department File