HomeMy WebLinkAbout1998-06-24 Recorded Decision DEF SUB WALNUT RIDGE B �, - a p
Notice to APPLICANT/TOWN CLERK and Certification of Action of f'l� 30ard
on Definitive Subdivision Plan entitled: Walnut Ridge, Nor n over, MA
By: Merrimack Engineering Services dated October 29 19 97
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 coastructi.on and installations shall in aU respects
conform to the goverui.ng 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 shows: on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
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Tn 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. '
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NORTH ANDOVER PLANNIM H ARD
Date: 'r`
Walnut Ridge Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for an eleven(11) lot subdivision
with ten(10)new homes and one existing home known as Walnut Ridge. Marie Pitochelli,50 Copley
Drive,Methuen,MA 01844,submitted this application on October 31, 1997. The area affected is an
extension of the existing Cricket Lane and is located in the R-2 Zoning District.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan,dated October 29, 1997,last revised on 4/29198 and 5/6198,includes all of the
information indicated in Section 3 of the Rules and Regulations concerning the procedure for the
submission of plans.
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and
Regulations except as noted in Condition 14.
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) Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor
must be available upon four-(4)hour's notice to inspect the site with the Planning Board
designated official The Environmental Monitor shall make weekly inspections of the project and
file monthly reports to the Planning Board throughout the duration of the project. The monthly
reports shall detail area of non-compliance, if any and actions taken to resolve these issues.
2) VORTECH UNITS: The Department of Public Works has agreed to allow the use of
Vortech antis for this subdivision only for evaluation of the system with the following
conditions:
a) The units are to be installed just behind the road property line for easy access by inspection
personnel and cleaning equipment. These proposed locations must be approved by the DPW.
b) The developers,through their engineer,must maintain a monthly inspection schedule. Copies,
certified by the engineer shall be submitted to the DPW within one week of said inspection.
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F BK 5393 PG 196
Cleaning when needed shall also be completed within one week of said inspection. This
monthly inspection shall for the first year of use beginning after the installation of the binder
coat of pavement. The DPW shall verify this starting date.
c) The developer shall provide a prepaid service contract with a suitable firm to provide
inspection and cleaning services. The time period for this contract shall be five years and will
begin after the first year discussed in condition(b)above. The proposed firm and inspection
and cleaning schedule shall be approved by the DPW. This schedule shall be determined from
the results of the first year of inspection and may be amended during the contract life if
necessary.
3) Prior to eadorwinent of the plans by the Planning Board the applicant shah adhere to the
following:
a) All comments as outlined in the memo dated May 28, 1998 to Kathleen Bradley Colwell,
Town Planner from James Rand,Jr.,Director of Engirbeering most be addressed as follows:
Detention Basin 10 should be revised to provide a full berm and natural slope on both
sides.
R) Detention Basins 20 and 30 must be modified to allow access to the basins other than over
the Vortechs units.
-1 i) Additional construction details are required on the discharge structure section on sheet 9 of
the proposed plans.
--'iv) A schedule and plan must be submitted for the removal of the pavement in the existing cul-
de-sac, The existing lawns and driveways must be extended to the new paving line and
must be blended in appropriately.
v) Water main note#2 must be revised to require a test pressure of 200 for 2 hours.
,-/b) Details for the outlet riprap must be provided.
c) A revised Landscape Plan must be submitted and approved by the Planning Board that
conforms to the approved subdivision plan.The plan must be prepared and stamped by a
Landscape Architect and a Registered Land Surveyor registered in the State of Massachusetts.
Street trees must continue along the southern side of the new roadway out to the existing
portion of Cricket Lane.
c/d) A Development Schedule must be submitted for signature by the Planning Board,which
conforms to both Sections 4.2,and Section 8.7 of the North Andover Zoning Bylaw. The
schedule must show building permit eligibility by quarter for all lots.
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BK' 5393 PG 197
e) A Site Opening Bond in the amount of five thousand($5,000)dollars to be held by the Town
of North Andover. The Site Opening Bond shall be in the form of a check made out to the
Town of North Andover that will be placed into an interest bearing escrow account. This
amount shall cover any contingencies that might affect the public welfare such as site-opening,
clearing,erosion control and performance of any other condition contained herein,prior to the
posting of the Roadway Bond as described in Condition 4(d). This Site Opening Bond may at
the discretion of the Planning Board be rolled over to cover other bonding considerations,be
released in full,or partially retained in accordance with the recommendation of the Planning
Staff as directed by a vote of the NAPB.
The final subdivision plans must be reviewed and approved by the outside consultant,the
Planning Department and D.P.W.
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 4(d).
h) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
i) All application fees must be paid in full and verified by the Town Planner.
j) The applicant must meet with the Town Planner in order to ensure that the plans conform to
the Board's decision.A fiffl 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.
k) The Subdivision Decision for this project must appear on the Mylars.
1) All documents shall be prepared at the expense of the applicant,as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
4) Prior to ANY WORK on the site,
V'a) Orange fence must be placed at the edge of the tree canopy as shown on the revised Landscape
Plan required by condition 2(a)above.The Planning Staff must be contacted prior to any
cutting and or clearing on site.
V b) All erosion control measures as shown on the plan and outlined in the erosion control plan
must be in place and reviewed by the Town Planner.
5) Prior to any lots being released from the statutory covenants;
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a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified
copy of the following documents:recorded subdivision approval,recorded Covenant(FORM
I),recorded Growth Management Development Schedule,and recorded FORM h must be
submitted to the Town Planner as proof of recording.
b) All site erosion control measures required to protect off she 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 Hoard prior to a vote to release said lot.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
A Performance Security in an amount to be determined by the Planning Board,upon the
t 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. The bond
must be in the form of a check made out to the Town of North Andover. This check will then
be placed in an interest bearing escrow account held by the Town. Items covered by the Bond
may include,but shall not be limited to:
i) as-built drawings
H) sewers and utilities
ill) roadway construction and maintenance
iv) lot and site erosion control.
v) site screening and street trees
vi) drainage facilities
vu7 site restoration
viu7final site cleanup
A Performance Security may be established for each phase individually.
6) Prior to a FORM U verification for an individual lot,the following information is required by the
Planning Department:
a) Per requirement of the NAPD,the sidewalk on the existing portion of Cricket Lane must be
constructed.The sidewalk on the new portion of Cricket Lane must be graded and staked at a
minimum
b) The proposed trail connecting Cricket Lane with Johnson Street must be completed prior to
the issuance of a building permit on Lot 6. The trail must be constricted as shown on Sheet 7
of the approved plan and on a plan entitled"Town Land Pedestrian Walkway Plan',drawn by
Merrimack Engineering for Copley Development. vtoi CaA S4,v
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BK 5393 PG 199
c,k c) An as-built plan must be submitted to the Division of Public Works for review and approval
prior to acceptance of the sewer appurtenances for use.
v--d) The applicant must submit a certified copy of the recorded FORM J referred to in Condition
above.
e) 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 fines,
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.
f) All appropriate erosion control measures for the lot shall be in place.The Planning Board or
Staff shall make final determination of appropriate measures.
o g) Lot numbers,visible from the roadways must be posted on all lots.
7) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be
required:
a) Due to the complexity of each lot a certified as-built plan must be submitted to the DPW
and Planning Department which includes all structures,pavement,spot elevations,
contours and setback distances to all applicable property and zone Hoes etc.
b) Sprinkler systems must be installed in all homes per NAFD requirements.
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 professional
engineer,verifying that all utilities have been installed in accordance with the plans and profile
sheet.
d) An necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health,and Conservation Commission.
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c) Permanent house numbers crust be posted on dwellings and be visible from the road.
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.
8) Prior to the final release of security retained for the site by the Town,the following shall be
completed by the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department
for review and approval.
b) 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 deeds and easements
have been recorded at the Registry of Deeds.
c) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions.
9) The applicant shall adhere to the following requirements ofthe 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.
10)There shall be no burying or dumping of construction material on site.
11)The location of any stump dumps on site must be pre-approved by the Planning Board.
12)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13)Gas,Telephone,Cable,and Electric utilities shall be installed as„specified by the respective utility
companies.
14)Any action by a Town Board,Commission,or Department which requires changes in the roadway
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alignment,placement of any easements or utilities,drainage facilities,grading or no cut lines,may
be subject to modification by the Planning Board.
15)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)Dead-End Streets:The Planning Board herein grants a waiver of
approximately 1200' for the street Iength. The applicant has demonstrated that the street
cannot extend further due to the presence of wetlands.
b) The Planning Board waives the minimum cover over pipe to 24".
c) 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.
16)The utilities must be installed and the streets or ways constructed to binder coat by
;�,q c?CCC (two years from the date permit granted).If the utilities are not installed,
the streets or ways are not constructed to binder coat and the Planning Board has not granted an
extension by the above referenced slate,this definitive subdivision approval will be deemed to have
lapsed.
17)This Definitive Subdivision Plan approval is based upon the fallowing information which is
incorporated into this decision by reference:
a) Plans Entitled:
i) "Definitive Plan of Land, Walnut Ridge" a Single Family Residence in North
Andover, ten sheets dated 10/29/97, last revised 5/6/98, prepared by
Merrimack Engineering Services, Inc, developer: Copley Development, 50
Copley Drive,Methuen,Mass 01844,
in) "Landscape Plan Definitive Plan, Walnut Ridge, North Andover, Mass";
developer: Copley Development, 50 Copley Drive, Methuen, Mass, 01844;
scale: 1" = 40'; dated November 24, 1997, as further revised by Condition
2(a); prepared by Merrimack Engineering Services, Inc. and Weinmayr
Associates,Inc.
b) Reports entitled:
i) "5tormwater Analysis" dated 10/30/97, revised 4/28/98, prepared by
Merrimack Engineering Services,Inc.
ii) "Statement of Environmental and Community Impact,Test Pit/Perc test Logs,
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BK 5393 Pia 20
Stonnwater Analysis', dated October 1997, prepared by Merrimack
Engineering Services,Inc.
iiii) Erosion and Sedirnent Control Plan to Accompany a Notice of Intent, Walnut
Ridge, North Andover, Massachusetts", November 10, 1997, revised March
31, 1998, prepared for Merrimack Engh ering Services, Inc., Prepared by
Wetlands Preservation hie.,47 Newton Road,Plaistow,NH 03865
cc.
Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
Pile
Walnut Ridge-subdivision
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