HomeMy WebLinkAboutRecorded Application & Certification of Action Definitive Subdivision Jerad III 4/22/94 Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
Jer.ad Place - Phase III shown as Jots 12 thro t 't Plan
By: Thomas E. Neve Associates, Inc. dated April 22, 1994 1 19 ##32062E)
The North Andover Planning Board has voted to APPROVE said plant 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.
M
3. That, as required by the North Andover Board of Health in its report to W
this Board, np building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior 41),
consent of said Board of Health.
4. Other conditions:
See Attached
c� r--�:.
,ATTEST.
.A IYue Copy N
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Town Clcrk =
In the event that no appeal shall have been taken from said approval within
twenty days from this dater the North Andover Planning Board Wi3-1 forthwith
thereafter endorse its formal approval upon said plan.
� NORTH P I+� BOARD
i 710A2.
Date: Auqust 2, 1994 By: Ra.chard A N lla, hairman
FORM.
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN 14 Ey
April 21 91 '94
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41t Section
81-L, for approval of a proposed subdivision shown on a plan entitled
Jerad Place - Phase III
by Thomas E. Neve Associates , _Inc. dated April 22 , 1994
being land bounded as follows: northerly by y Candlestick Road and land
of Miller & Sirois easterlv bv land-of Kareta LaFlamme Perr
_. DiNatale, & 1.
12y ,�ons utherly by land of Brikus, Hahsey & 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 , Page ; or
Certificate of Title No. , Registration Book , pap._; or
Other: See Land Court Plan No. 32062C by
Christiansen & Sergi .
Said plan has( ) has not(4 evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
disapproved on 19 •
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.
Received by Town Clerk:
Date: Signatur f Appl t
Robert Janusz
Time. 40 Sunset Rock Road, Andover, MA 01810
Signature: Address
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
By: dated 19
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 Boards 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:
In the event that no appeal shall have been taken from said approval within
twenty days from this datep 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: By:
Jared Place - Phase III
Definitive Subdivision Conditional Approval
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place - Phase III . The
application was submitted by Robert Janusz , 40 Sunset Rock Road,
Andover, MA 01810, dated April 21, 1994 . The area affected
contains approximately 14 . 73 acres in a Residential- 1 Zone off
of Candlestick Road. Of the 14 . 72 acres 2 . 07 acres are protected
as 1 acre lots under a zoning freeze.
In granting this approval the Planning Board is not offering any
opinion or making any conclusions as to ownership interests in
this parcel.
The Planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated April 22 , 1994 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 17 .
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 followed:
1. ' Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following:
The roadway detail must be changed to reflect a
pavement width of twenty-four (24) feet.
The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board ' s
decision.
6c �A detailed construction schedule must be submitted as
part of the plans .
td 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) .
9--1 Right of way dedication easements for the proposed
roadway shall be prepared at the applicant ' s expense
and provided to the Planning Office.
f�The applicant must submit to the Town Planner a FORM M
l/ for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be recorded at the Essex North Registry of Deeds .
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 (g) .
All application fees must be paid in full and verified
by the Town Planner.
i. —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 .
The Special Permit and Subdivision Decision for this
project must be included on a sheet as part of the
plans.
Endorsement of the Plans must be completed within
ninety (90) days of the date this decision is filed
with the Town Clerk. If the Plans are not endorsed by
this date this decision will be deemed automatically
rescinded.
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.
Endorsement of the plans is proof of satisfaction of the
above conditions.
2 . Prior to the start of construction:
a. The plans must be endorsed by the Planning Board and
recorded 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: eS.�,bdivision Approval ;,
' ��ecial Permit Approval , F, O�?d�I I Covenant;'—TORM M
Utility Easement, &adway Easement. -,)
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
oard decision, and a copy of the Conservation
Commission order of Condition 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 .
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 , including a storm water Pollution
Prevention Plan.
3 . Prior to any lots being released from the statutory covenants:
a. 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.
The applicant must submit a lot release FORM J to the
Planning Board for signature.
c A Performance Security (Roadway Bond) in an amount to
L7 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
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. 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,
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, 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.
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 c
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
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 owners expense if such
driveway is at a catch basin or stone bound position.
g. 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. The Planning Board will , by a majority, vote to release
any security retained.
b. The Open Space Parcel must be transferred to the Town
through the Conservation Commission.
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
plans and conditions.
7 . 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.
8 . The applicant shall adhere to the following requirements of
the Division of Public Works:
a. Two leaching catch basins should be installed at the
low point at the end of the cul-de-sac.
b. The area on the property downstream from the catch
basins should be graded to accommodate excess runoff
from greater volume storm events.
C. The drainage design should include the use of dry wells
on all lots.
d. The proposed hydrant at the cul-de-sac should be
installed on the end of the water main and be located
near the Lot 14/15 property line.
e. A 12 inch water main should be installed off site on
Forest Street. The main should extend from its current
terminus on Forest Street to the intersection of Jared
Place Road, a distance of approximately 390 feet.
9 . 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.
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 alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning
Board.
15. Sloped granite curbing must be used throughout the
subdivision.
16. The Planning Board recommends constructing the subdivision
through the wood road off of Forest Street.
17 . 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 (D) Sidewalks: The Board waives the requirement of
constructing sidewalks in this subdivision based upon the
fact that sidewalks were not required on Candlestick Road,
from which this new road gains access. This waiver is also
based upon an agreement by the owner to make a donation to
the Town of North Andover Pedestrian Safety Fund equal to
the cost of installing sidewalks on one side of the street
within the subdivision.
Section 7 (B) (4) Streets and Roadways: The Board has
determined that this road fits the criteria set forth by the
DPW and Planning Board as a twenty-four (24) foot paved
road.
18 . All ways must be constructed to binder paving and utilities
installed by August 16, 1996 (within two years from the date
this decision is filed with the Town Clerk) or this decision
is deemed to be automatically rescinded.
19 . 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:
a. Plans entitled: Planned Residential Development
Jared Place - Phase III
Designed for: Robert J. Janusz
40 Sunset Rock Roar',
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94 , rev. 8/1/94
Sheets: 1 through 5
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII. sub
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