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HomeMy WebLinkAbout1987-10-22 Jerad Place II MODIFICATION Approval DEF SUB 10/1/1987 OFFICES OF: fir' °m Town of 120 Main Street APPEALS * ' North Andover, e _� .NORTH OVER BUII_DIN(7 M<assachUsetts 0 1845 s`QA CHUSEt / r_ 5 CONSER�✓ATION t�i� 15IOiV(�h ((i 17)68.E 477,7 HEALTH PLANNING PLANNING & COMMUNI'I'Y DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Planning Board FROM: Scott A. Stocking RE: Approval of Jerad II Modification RATE: October 1 , 1987 Based upon my conversations with Bob Neve and Robert Janusz the following changes need to be made to the Conditional Approval granted by the Board on March 2 , 1987: 1) Remove the following conditions since they have been acted upon by the applicant in the modification: Conditions 2 , 3 , 4 , 5 , 14 , 18 , 19 , 20 , 22, 24 , 29 , 30 , 32 , 33 , 34 , 35 , 36 , 37 , and 38 . 2) All other conditions contained in the original decision shall remain as written. The Board should be advised that this subdivision as shown is unlikely to receive Conservation Commission approval and will be resubmitted to the Board for another modification based upon the Order of Conditions issued. In addition the town has been very active in obtaining a revised road net- work involving this subdivision, Seven Oaks, and the Milco property. It is likely that additional modifications will be needed in this subdivision due to that effort. i It Notice to APPLICANT/TOHN CLERK and Certification ctibw of Planning Board on Definitive Subdivision Plan entitled: JERAD PLACE II By: Thomas Neve Associates da&4 NqO4rci 19 , , 9 19 96 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 Kays 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. r 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. T#aat�in�l�xA�oyaax�F'�.armc3x��cHa�dxi�acs��$ R�XB�td �ffvsx�he: �oa�4aa�x raasnnsxx FORTH ANDOVER PLANNUG BOARD Date: April 10 , 1987 By: Erich W. Nitzsche, Chairman FORM C RECEIVCC' DAMEL LO4G APPLICATION FOR APPROVAL OF DEFINITVVI j 4�_ i jjOVER N4.Y4��eiZcV �f9e86 19 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41., Section ,81—L, for approval of a proposed subdivision shown on a plan entitled Definitive subdivision plan of "Jerad Place II" by Thomas E. Neve Assoc. Topsfield. MA dated Novpmber 19 . 1996 being land bounded as follows: Northerly by Candlestick ck Road and , Spinning Wheel Estates, Easterly by Mosquito Brook watershed and land of Brickus; southerly and westerly by Forest Street and land of Miller. 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 1992 , Page 239 ; or 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 22 19 86 and approved (with modifications) (x) disapproved ()oa JulrZ1 19 ..8Ii.• The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, 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. f Received by Town Clerk:" x1p, /F Date: Signature o p ieant Time: * D Signature: Address ��7) 97S JERAD PLACE II CONDITIONAL APPROVAL MARCH 2 , 1987 A. All Planning Board order of conditions are to be placed on the recorded definitive plan, (cover sheet) prior to 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 od each phase verifying that all utilities (including electric , telephone , sewer , and cable) have been installed prior to binder coat of application. Installation shall be in accordance with plans and profile prior to the release of any lots. 1. A Notice of Intent shall be filed with the NACC as required under Chapter 131 - Wetlands Protection Act, and local Conservation Commission regulatons and any changes required may be cause for reconsideration. All wetlands shall be properly located in accordance with Chapter 131 and shown on the Definitive Subdivision Plans at the time of submittal. m Lot 10-A should be changed to eliminate parcel A, and to become V lot 10 without the rounded corner . Eliminate the easement from mm the cul-de-sac on lot 10-A (10 ) . (V1�3. Placement of houses, septic systems , and lot grading are to be U shown in accordance with the Subdivision Rules and Regulations , Section 3 , K, as part of the final topographic grading plan of the subdivision. Sufficient information will be provided to enable the Planning Board to determine that surface run-off from adjacent areas does not cause detrimental damage to other lots and or areas within or adjoining the subdivision. 0n4. There will be no common driveways or driveway easements in the subdivision without a Special Permit from the Planning Board . 5 . Each-dwelling unit will be serviced by its own driveway across it ' s own lot from the street where it has legal frontage unless otherwise approved by the Planning' Board . Any driveway easement in the Subdivision must have Planning Board approval . 6 . Temporary cul-de-sac language for the easement should be included. Note on the recorded plan that the Sugarcane Lane may become a through Street in the future under the Subdivision Control Law. At that time the temporary turnaround easement shall be removed from lots 29 and 30 . All pavement and utilities within temporary turnaround easements with the exception of driveway and services to dwellings on lots 29 and : 30 will be removed and the area loamed and seeded . 7 . The temporary cul-de-sac on lots 9 and 10 Candlestick Road shall be removed. Pavement and utilities within shall be removed and temporary easement area shall be loamed and seeded. 8 . Recorded plans shall be revised to show drainage easements with metes and bounds to include drainage to a waterway and include headwalls and detention ponds . 9 . 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 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 with the approved plans, the Design Engineer shall substantiate with revised drainage computations that the incorrected installation shall not adversely effect any downstrea, abitter amd/or the overall drainage design of the subdivision to the satisfaction of the Planning Board. The as-built plan and certification shall include all utilities 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. 10 . No lot (s) or groups of lots shall be released 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. 11. 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. 12 . The 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. 13 . Developer shall reserve the fee in the roadway from any lot m � conveyance. G�14 . The Record and Topographic plans will indicate the 100 year flood elevation in each respective area that is subject to flooding in accordance with the rules and regulations . 15 . Candlestick Lane and Jerad Place Road will be constructed and brought to binder and connected to Forest Street prior to any construction being started on Sugarcane Lane. In other words , the through road is to be in place prior to any other roads. 16 . The developer shall submit to the Planning Board an erosion control plan. 17 . In accordance with the Rules and Regulations , there shall be no driveway curb cuts constructed in the locations of catch basins or stone bounds. Prior to release of any security, any and all driveways so constructed , whether by , the developer and individual owners, shall be removed and reconstructed elsewhere as approved by the Planning Board at the developers expense . This conditions shall be placed in the statutory covenant. 0 18 . Plans will indicate the installation of the water main on the profile sheets in accordance with the rules and regulations . 9 . Additional hydrants may be required at the front of any lots that will have dwellings situated more than 300 feet from the 40 . street line with the approval. of the Fire Chief.Definitive construction plans and specifications are to include existing topographic data , top of headwall elevations for the wetland crossings on lot 23 and lot 37 . The developer will provide cross sections . 21. Granite curbing shall be installed along siding where roadway grade is steeper than 4% . The catch basins drainage in front of lot 9 on Jerad Place I plans shall be shown on Jerad Place II plans between lots 10-A and 9 . There should be two catch basins , only one is shown. 23 . A bond in the amount of $24 ,000 shall be posted for the as built plans, based on their acceptance . A4 . All test pit data including spring water tables will be shown on the Definitive Plans. 25 . Proper sight distance easements will be provided as necessary and/or required at the roadway intersection with Forest Street. 26 . The applicant shall confer with the Department of Public Works , the Highway Surveyor , the Tree Warden, the Fire Department and the Planning Board regarding the widening of Forest Street and the provision of safe access to the subdivision including adequate site distances . The Planning Board shaft approve the i final road alignment and insure that appropriate sight easements are obtained and recorded. Also, there shall be no ... tree cutting in the public way except as in accordance with MGL , Chapter 81 and the approved subdivision plan. 27 . The applicant shall comply with the Tree Wardens recommendation dated April 30 , 1986 requiring security in the amount of .$14 ,000 to preserve existing trees and for new planting . 28 . In accordance with the Fire Chiefs recommendations : - Fire hvdrants must be installed at 500 foot intervals . - Hydrant shall be relocated to the end of the cul-de-sac of the proposed subdivision. Lot numbers are to be posted during construction . Permanent house numbers shall be posted on dwellings prior to occupancy. - No open burning is to be permitted except during open burning season under the Fire Departments regulations. All builders must comply with the Fire Departments underground fuel storage regulations. 29 A definitive plan submittal shall provide a detailed program of phasing the total development acceptable to the Board . No construction shall take place prior to endorsement of said program. Gr) 0 . A detail tree plan in accordance with Section V,K, and IV. 1 shall be submitted with the definitive plan for review and approval by the Planning Board and Tree Warden prior to endorsement. ' Said plan shall be designed to preserve existing trees as much as possible . 31. A stump pit burial plan shall be submitted to the Board and Highway Surveyor for review and approval prior to any on site construction. Definitive subdivision plans of Phase I and Phase II show different property lines and appear to subdivide and landlock other land of the developer to the rear of lot 27 . Applicants professional land surveyor will clarify and certify to the Planning Board ' s satisfaction where the Janusz property lines lie and adjust as necessary to include all property of the applicant for further review of the Planning Board. The plans shall show the balance of the Janusz property, and demonstrate that there is legal frontage and that the property is not landlocked. This information may be shown on the key map. �1Q3Dvt� Drainage computations as submitted for the Definitive DP6 ,O,subdivision plan are unacceptable to the Planning Board for the �� following reasons : 1° � oQ 1. Pages shall be numbered and ponds referred to will be labled. 2. Computations will be provided for stage storage discharge of the various detention ponds . 3 . Detention pond at lot 23 does not appear to contain the correct watershed area and no comparison for existing flows at this design point is presented therefore it is unclear whether or not this detention pond is mitigation. 4 . Runoff of lots 8 & 9 of Phase I and of lots 26 , 27 and 28 of Phase II flow unmitigated into the Mosquito Brook wetland area. The applicant is required to mitigate the increased rate of runoff from development of these lots on Phase IT ,. Phase I stands by itself and can not be used for Phase II since this sites runoff bypasses the detention on Phase I and rather a portion of Phase I may indeed flow onto Phase II . Insufficient data has been presented to prove otherwise . 5. Drainage computations are also unacceptable due to the fact that 13 of the proposed 26 lot subdivision has runoff directed away from the detention ponds and mitigation is not addressed in those areas. / Revision to the Definitive subdivision plans do not preclude the possibility that the Planning Board will not have additional comments on impacts of revisions or changes . �. Any changes in the approved definitive plan which occurs during construction in regard to the road profiles, horizontal or vertical locations of drainage and any other roadway changes , will be brought to the Planning Board for review prior to `A implementation. �� 36 Adequate sidewalks shall be provided by the applicant at the discretion of the Planning Board after it receivers input from the Department of Public Works and other pertinent town departments concerning the need for sidewalks in this section of C37 Town. C0 In order to provide for the common welfare , convenience and safety of future inhabitants of the subdivision, and to preserve important site features, the applicant shall submit to the Planning Board for its approval an appropriate plan ' which' provides for open space for parks and/or recreation. . Plans and profiles will be revised to provide a connection to the Seven Oaks subdivision owned by Brickus such that a cul-de-sac be avoided in the said Seven .Oaks development. E • The Planning Board would like to recommend that the proposed site would be suitable for a Cluster Development based on the site situation. Although cluster zoning is not an alternative at present, the Board is of the position that if passed, this site would be accomodating to cluster housing . INS cc : Highway Surveyor Board of Public Works Tree Department NACC Building Health Police Fire Assessor Applicant Engineer File 1