Loading...
HomeMy WebLinkAbout1997-01-09 Application for Appvl of Definitive Plan & Cert. of Action for DEF SUB TOWN OF NORTH ANDOVER D MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten 216 Raleigh Tavern Lane Applicant: Farr Better Homes, In'c. Address: North Andover, Ma. 1. Application is hereby made (a) For a Special Permit under Section 8.5 , Paragraph of the Zoning Bylaw. — 2 . (a) Premises affected are land and buildings numbered Street. (b) Premises . affected are property with frontage on the North South East West side of Street, known as No. Street. (c) Premises affected are . in Zoning District R-2 and the premises affected have an area of 33+/- acres and frontage of 150 feet. 3 . Ownership: (a) Name and Address of owner (if joint ownership, give all names) : 216 Raleigh Tavern Lane Farr Better Homes, Inc. , (George Farr, Pres.) North Andover, Ma. Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee Other (explain) 4 . Size of proposed building: front: feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: feet front: feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 6 . Has there been a previous application for a Special p Permit from the Planning Board on these premises? If so, when 7 . Description of purpose for which Special Permit is sought on this petition: to allow the construction of a Planned Residential Development (PRD) , with six new lots created 1087 314 8 . Deed recorded in- the Registry of Deeds in Book2039 Page 269 or Land Court Certificate No. Book Page 9 . The principal points upon which I base may application are t as follows: (must be stated in detail) . Project will: preserve open space protect wetlands/waterbodies develop small portion of the parcel while providing large amount of open space I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Pa ties in Interest" . (Petitioner' s Signatur Every application for action by the Board shall be made on a form I approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to . the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS see attached abutters list Add additional sheets if necessary Any question should be directed to the Planning Office FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN vbY V� W!!H' I V,0 1,tl 1)0'V E R DECEMBER 6 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 411 Section 81—L# for approval of a proposed subdivision shown on a plan entitled Salem Forest IV by Hancock Survey Associates, Inc. dated DECEMBER 2., 1996 being land bounded as follows: ' to 'the north and 2'outf by Commonwealth of Massachusetts State Forest: L tllc pas to t-hp wp=_I�Z_ -Raleigh Tavei!n Lane. I 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. 2039 269 Title Reference: North Essex Deeds, Book 1087 r Page 314 ; or Certificate of Title No.—._t Registration Book t page or Other: Said plan has(x) has not( ) evolved from a preliminary plan submitted to the Board of March 4 19 U and approved (with modifications) disapprov6d (ir"on �­a'_r—ch25. X March 25. 19 The undersigned hereby applies for the approval of said *DEFINITIVE plan by.�the Boardt and in furtherance thereof hereby agrees to abide by the Board's Rulds and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover i* 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 Healtht 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 plant profiles and cross sections of the same. Said plant profi-lest cross sectionsand construction specifications are specifically, by reference, incorporated herein and madn a part Of this application. This application and the covenants and agree— ments herein shall 'be binding upon all heirst executors, administrators, successorsv 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. Received by Town,Clerk: Date: Signature of Applicant Time: _14.(- V_ALru�a— 0 SiiznatU_r0: --,Pj o. Aro T,ol Address is FORM D DESIGNER ' S CERTIFICATE DECEMBER 6 19 96 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Salem Forest Iv I hereby certify tha.t the above named plan and accompanying data is true and correct to ythe . accuracy required by the current Rules and Regulation Governing the Subdiyis-ion of Land in North Andover , Massachusetts , and my source of information about the location of boundaries shown on said plan were one or more of the following : 2. Elsie M. Heinze, etal 7/17/67 1 . Deed from 1. John Bolton 8/1/67 to GanrgP H_ f Wanrla• H yni-r 3. Farr Better Homes, Inc. dated and recorded in the —_NQ,t:h 3. 2039. 3. 260 Essex Registry in Book 1&2. 1087 , Page �14 2. 3.15 2 . Other plans , as follows North Essex Registry of Deeds, Plan #1468 853 3. Oral information furnished by 4. Actual measurement on the around from a starting point established by 5 . Other Sources Signed 77 (Seal of Engineer or (Registered Professional Engineer or Surveyo Registered Land Surveyor) P�ZN OF Mgss JOSEPH a J. C) SERWATKA / C CIVIL y 7i No.36981 ` �o�Fc/sT�V``, ��e Ad re S FSS/ONAL Ckk rv-, 'n FORM E CERTIFIFD LIST OF ABUTTERS DECEMBER 6 19 96 To The Planning Board of the Town of North Andover: The undersigned , being an applicant for approval of a definitive plan of a proposed subdivision entitled Salem Forest IV submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list, including owners of land . separated . from the subdivision only by a street. Sfgnaturre of Applicant _ c/o Farr Better Homes Inc. Address 216 Raleigh Tavern Lane North Andover ,Massachusetts DECEMBER 6 , 1996 To The Planning. Board of the Town of North Andover: This is to certify that at the time of the last assessment for taxation made by the Town of North Andover, the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written, except as follows : Assessor LIST OF PARTIES 0AUkM43r5 li SUBJECT PROPERTY: #4980 MAP: 106 C Lot 22, 33, 36-38, 103 NAME: GEORGE H. PARR ADDRESS: 216 RALEIGH TAVERN LANE ABUTTERS: MAP LOT NAME ADDRESS (IF DIFFERENT) 106C 53 William L. ,& Christine C. Herrmann 75 Granville Lane North Andover, MA 01845 106C 54 855 Realty 71 Chickering Road Granville Lane North Andover, NA 01845 North Andover, MA 01845 106C 55 Paul R. & Carol Ann O'Neill 97 Granville Lane North Andover, MA 01845 106C 56 John, III & Rita A. Anderson 107 Granville Lane North Andover, MA 01845 106C 57 Patt & Mary H. Taylor 119 Granville Lane North Andover, MA 01845 106 58 Amelia-R. & DapAel A. Geughlin—v nthan /7 131 Granville Lane North Andover, MA 01845 106C 24 Robert & Rosa Napolitano 101 Granville Lane North Andover, MA 01845 _ 106C 26 e tarncJm 3y7 f�4f�Nvn-j S� e Salem Street North Andover, NA 01845 North Andover, MA 01845 106C 35 SAME AS ABOVE Granville Lane North Andover, NA 01845 106C 27 , . SAME AS ABOVE Granville Lane North Andover, MA 01845 106C 41 Benjamin G. Farnum 397 Farnum street Woodchuck Lane North Andover, MA 01845 North Andover, MA 01845 PAGE 2 #4980 106C 42 Benjamin A. Farnum 397 Farnum Street Farnum Street North Andover, MA 01845 North Andover, MA 01845 106C 43 C ORmnwealth of Massachusetts loo Carm brd�(f St �Stor� 106C 45 Benjamin A. Farnum 397 Farnum street ' Raleigh Tavern Lane North Andover, MA 01845 North Andover, MA 01845 106C 39 Philip J. & Brenda Ann Lukens 262 Raleigh Tavern Lane North Andover, MA 01845 106C 21 l r Benif36 Tn. 4c1-- ((,t�1 a/Yl C £ fee �. Urdor) 5 Woodchuck Lane North Andover, MA 01845 106C 29 Heng-CIieng Lin 15 Woodchuck Lane' North Andover, MA 01845 106C 28 '..: 'r� ,- --&- gel- wood c'hvck 10 Woodchuck Lane (,U,l( � wi L a C e r 6 North Andover, MA 01845 106C 108 Michael & Linda M. Cimino 252 Raleigh Tavern Lane North Andover, MA 01845 106c 107ffmny M. sav= rev 246 Raleigh Tavern Lane North Andover, MA 01845 106C 106 Vivien Rose Haddad 240 Raleigh Tavern Lane North Andover, MA 01845 106C 105 Robert M. & Karen D. Melillo 232 Raleigh Tavern Lane North Andover, MA 01845 106C 104 Jerry & Geraldine Lynch 224 Raleigh Tavern Lane North Andover-, MA 01845 106C 17 Comwnwealth of Massachusetts Sec. O G C- V3 106C 16 Commonwealth of Massachusetts N PAGE 3 #4980 106C 116 46c Mary A. Pemble 215 Raleigh Tavern Lane North Andover, MA 01845 106C 15 O mmonwealth of Masachusetts N 106C 9 Colmwnwealth of Massachusetts 106C 102 George R. , Jr. & Mary A. Dounani 210 Raleigh Tavern Lane North Andover, MA 01845 106C 120 Gerald J. & Marion J. Bojas 200 Raleigh Tavern Lane North Andover, MA 01845 106C 101 Barbara Jean Tcmk ns 194 Raleigh Tavern Lane North Andover, MA 01845 106C 91 �G�'lv'rC.Q 37 Carlton Lane J North Andover, MA 01845 106C 90 John L. & Laurel L. Mdomnell 49 Carlton Lane North Andover, MA 01845 106C 89 Michael & Marilyn Philpott 61 Carlton Lane North Andover, MA 01845 106C 20 Stephen W. Elliot & Susan Anne Puccini-Elliot 73 Carlton Lane North Andover, MA 01845 10GC 88 Donald S. , Jr. & Judith A. Bennett 85 Carlton Lane North Andover, MA 01845 106C 87 James M. & Alyce J. Galiano 95 Carlton Lane North Andover, MA 01845 106C 86 Philip D. _& Sally Giantris 105 Carlton Lane North Andover, MA 01845 1��V PAGE 4 #4980 106C 85 Robert P. & Denise C. Barton 115 Carlton Lane North Andover, MA 01845 ll _ 106C 34 3y7 fdrnUm �i� na�o;.a, R. t,.. Tje Granville Lane North Andover, MA 01845 , North Andover, MA 01845 106C 40 Benjamin G. Farnum. 397 Farnum Street Woodchuck Lane North Andover, MA 01845 North Andover, MA 01845 106C 44 David P. & Ann Marie Starrett 235 Raleigh Tavern Lane North Andover, MA 01845 106C 114 John T. & Lauren V. Anderson 275 Raleigh Tavern Lane North Andover, MA 01845 106C 117 Karen 01Donohue 201 Raleigh Tavern Lane North Andover, MA 01845 106C 118 Paul G. & Betty C. Polverari 285 Raleigh Tavern Lane North Andover, MA 01845 106C 70 Frank W., III & Susan J. Johnson 76 Granville Lane North Andover, MA 01845 106C 71 Marko Frances Grgurovic 94 Granville Lane North Andover, MA 01845 106C 72 Wentev Gal►�,r-J 120 Granville Lane North Andover, MA 01845 File Name: 4980ABUr File Date: 7/19/94 s� pay,, - Ui ':� 4 P6 - 7-�6 Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: Salem Forest Iv December 2 By: Hancock Survey Associates, Inc dated t 19 96 �E �f• aE• if• 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 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 Date• January 9, 1997 By: , Joseph V. Mahoney, Chairman Salem Forest IV Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a six (6) lot subdivision known as Salem Forest IV. This application was submitted by Farr Better Homes, 216 Raleigh Tavern Lane, North Andover, MA on December 9, 1996. The area affected contains approximately 33 acres of land in a Residential - 2 Zone off of Raleigh Tavern Lane. The property is owned by George Farr. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated June 21, 1996, rev. 8/20/96, 9/16/96, 12/2/96 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations, C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: The name"Sterling Lane" must be approved by the E91 1 Coordinator. b/ The final roadway design and drainage must be submitted to the outside consultant and to D.P.W. for final review and approval. C) A detailed construction schedule must be submitted as part of the plans. A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3(e). IIN ,,e)/' Executed right of way dedication easements for the proposed roadway shall be provided to the Planning Office at the applicant's expense. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be 1 recorded at the Essex North Registry of Deeds. All application fees must be paid in full and verified by the Town Planner. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. A full set of final plans reflecting the changes outlined above, must be submitted to the Town Planner for review endorsement by the Planning Board, within ninety(90) days of filing the decision with the Town Clerk. The Subdivision and PRD Decision for this project must appear on the mylars. j) All documents shall be prepared at the expense (,f the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Prior to an ark on site: a) \/hree (3) complete copies of the endorsed and recorded plans and two (2) certified copies of the recorded subdivision approval, Covenant (FORM 1), Right of Way easements, and FORM M must be submitted to the Town Planner as proof of filing. b) All erosion control measures must be in place and reviewed by the Town Planner. 3. Prior to any lots being released from the statutory covenants: a) The applicant must comply with the Phased Development Bylaw, Section 4(2) of the Town of North Andover Zoning Bylaw. This project is exempt from Section 8.7 Growth Management as the preliminary plan was filed prior to May 6, 1996 and the definitive plan was submitted within seven months. However the exemption will only run for eight years from the date of the endorsement of the plans as set forth under Mass. Gen. Law. b) �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 connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. C) All site erosion control measures required to protect off site properties from the effects Jof 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. d) The applicant must submit a lot release FORM J to the Planning Board for signature. e5' A Performance Security 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 2 conditional approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include, but shall not be limited to: i) as-built drawings ii) 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 4. Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 3(d) above,was filed with the Registry of Deeds office. b) All lots must be approved by the Board of Health. The Board of Health has determined that Lots 1 and 3 cannot be used for building sites without injury to the public health without further testing. No building or structure shall be placed upon these lots without the consent of the Board of Health. C) A plot plan for the lot in question must be submitted, which includes all of the following: i) location of the structure, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks, viii) location of any drainage, utility and other easements. d) 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. e) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 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. Lot numbers, visible from the roadways must be posted on all lots. 3 5. 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, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as- built, certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. �6) All necessary permits and approvLis for the lot in question shall be obtained from the l/ North Andover Board of Health, and Conservation Commission. c) Permanent house numbers must be posted on dwellings and be visible from the road. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Department in regards to erosion, water run off, and safety. e) The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. 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 owners expense if such driveway is at a catch basin or stone bound position. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) A stop sign must be placed at end of Sterling Lane where it intersects with Raleigh Tavern Lane. An as-built plan and profile of the site shall be submitted for review and approval. c) The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all 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. d) The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of I ublic Works requirements are satisfied and that construction 4 was in strict compliance with all approved plans and conditions. The following requirements of the Division of Public Works must be adhered to: The sewer extension for the subdivision will be subject to the policies of the Division of Public Works regarding the mitigation of groundwater infiltration into the existing sewers. 9.� The Town Planner will review any signs utilized for this project. The applicant must obtain a l-/ sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structures. Any lighting used for the entrance signs must be removed prior to acceptance of the subdivision by the Town. 10,i 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. l. There shall be no burying or dumping of construction material on site. The location of any stump dumps on site must be pre-approved by the Planning Board. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 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: a) Section 7(A)(4)(a) Dead end streets: The roadway is approximately 200 feet longer than the maximum length allowed. This waiver is granted due to the fact that this site is surrounded by a wetland resource area and the roadway will not be extended. b) These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. 17. The utilities must be installed and the streets or ways constructed to binder coat by ,.man 1'>, C-Po, (two years from the date permit granted). If the utilities are not installed, the streets or ways are not constructed to binder coat and an extension has not been granted by the Planning Board by the above referenced date, this definitive subdivision approval will be deemed to have lapses 1. 5 18. This Definitive Subdivision Plan approval is based upon the approval of a Special Permit, The Special Permit and Definitive Subdivision approvals are both based upon the following information: which are incorporated into this decision by reference: a) Plan Titled: Definitive Subdivision of Planned Residential Development Salem Forest IV in North Andover, Massachusetts Owner& Applicant: Farr Better Homes, Inc. 216 Raleigh Tavern Lane North Andover,MA Scale: as noted Date: June 21, 1996; rev. 8/20/96, 9/16/96, 12/2/96 b) Plan Titled: Conventional Subdivision(Proof Plan) Salem Forest IV in North Andover,Massachusetts Owner& Applicant: Farr Better Homes, Inc. 216 Raleigh Tavern Lane North Andover,MA Scale: 1"=40' Date: March 4, 1996 c) Report Titled: Drainage Calculations Salem Forest IV North Andover,Massachusetts Dated: June, 1996 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Salem Forest IV-subdivision 6