HomeMy WebLinkAbout1995-10-23 Recorded Application & Certificate of Action PRD MODIFICATION of DEF SUB Plan ATMGCOPY
Notice to APPLICANTITOWN CLERK and Certification of Action of Pl
on Definitive Subdivision Plan entitled: PRD Modification of a De€i .
of Lot 29 Jerad Place Phase II (Jerad Place Phase_ IV)
By: Thomas Neve Associates, Inc. dated
MArrh JL._ , 199.E
1 The North Andover Planning Board has voted to APPROM said plan, subject to the
following conditions:
I. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"v 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. 0
3. That, as required by the North Andover Board of Health in its report to
this Boardo 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:
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See attached
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Joys A.awdshwa --
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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.
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The North Andover Planning Board has DISAPPROVED said plant for the following n
reasons:
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4.
NORTH ANDOVER PLASHM BOARD A
Date: October 24, 1995 ,.
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BK 444 -T-3 299
FORM C 10YC BFibD s,,:kW
TOWN CLER'
APPLICATIO FCR ��
AL CF DS _D_F1TI� PLAN NORTH ANVOVER
March 31 19 9 5 119 3 13 FY '55
To the Planning Board of the Town of North Andover:
the as
81—L, for approval of a defined under Chapter 41t Section
The undersigned, being
proposed subdivision shorn on a plan entitled
a pro
la- of Lot
lace
p - o " is tion of a 3/31/9 Definitive Subdivision dated P 5 Jerad Phase II
by Thomas E. Neve Associates, Inc. Easterly by
being land bounded as follows:
Northerly by Boxford Ind. ,
land of Bemis, et al and Flintlock, Inc.; southerly by Land of
Rafffield
Brickus and Westerl b land of Mora, in aecoferdstnce witdethe Rules and Pickett &
hereby submits said plan as a D and makes application to the
Regulations of the o Planning
Board
Board for approval said plan. 2102 2 9 4-2 9 7
Title Reference: North Essex Desda+ Book 3e33, Pap 253 ; o Hook,+ Page i or
Certificate of Title No. �_,
Other:
g p has ) has not(X) evolved from a preliminary plan submdtted to
19 and approved (with modifications)
the Board of ( )
disapproved
on * 19 --.
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Boardh 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
Boards regulations of the
1. To install utilities in accordance u+ia �'resa �nd epar, the
Planning Hearth the Public general
as wellas zoning by—lava of said Town,
Board of Health, and all genes
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or rays and other improvements shorn
thereon in accordance with Sections Iv and V of DEFINITIVE a RU183 and Re uand lat onss
of the Planning Board and the an, oved prof
sections of the same. Said plan, profiles, cross sections herein and made
specifications are specifically, by reference, incorporated
this application.a part of ion. This application and the covenants and agree-
-meats 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 Clerks jSj;atur�60f Applicant
Date: Robert J. Janusz
Times 40 sunset Rock Road Andover, MA 01810
Signature: Address
BK 4464 PG 300
Jared Place Phase IV
Definitive subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive subdivision
Approval for a nineteen (19) lot subdivision known as Jerad Place
Phase IV. This application was submitted by Robert J. Janusz, 40
Sunset Rock Road, Andover, MA 01810 on March 31, 1995. The area
affected contains approximately fifty (50) acres in a Residential-1
and Residential-2 Zone off of Boxford street.
The Planning Board makes the following findings as required by the
Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, dated 9/1/95 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:
a. Revised plans must be reviewed and approved by the
outside drainage consultant.
b. The street name must be reviewed and approved by the E911
Coordinator.
C. The FEMA line must be added to the plan.
d. A final no-cut line that includes both the 50' buffer
zone and the 25' No-Cut Zone, whichever line is the
outermost line for tree cutting purposes.
e. The applicant must meet with the Town Planner in order to
ensure that the plans conform with the Board's decision.
1
BK 4464 PG 301
f. A detailed construction schedule must be submitted as
part of the plans.
g. A covenant (FORK 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(d) .
h. Executed right of way dedication easements for the
proposed roadway shall be provided to the Planning Office
at the applicant's expense.
i. The applicant must submit to the Town Planner a BORX M
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.
j. 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 1(f) .
k. All application fees must be paid in full and verified by
the Town Planner.
1. A full set of final plans reflecting the changes outlined
above, must be submitted to the Town Planner for review
and subsequently endorsed by the Planning Board, within
ninety (90) days of filing the decision with the Town
Clerk.
M. The Special Permit and Subdivision Decision for this
project must appear on the mylars.
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 approved plans must be endorsed by the Planning Board
and recorded by the applicant at the Essex North Registry
of Deeds.
b. All erosion control measures must be in place and
reviewed by the Town Planner.
2
3. Prior to any lots being released from the statutory covenants:
a. 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.
b. 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.
C. The applicant must submit a lot release FORM J to the
Planning Board for signature.
d. A Performance Security (Roadway Bond) 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 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
e. Three (3) complete copies of plans and two (2) copies of
all documents containing registry of deeds stamps must be
submitted to the Town Planner as proof of filing.
4. Prior to a FORM U verification for an individual lot, the
following information is required by the Planning Department:
a. The Board of Health has made the following determination:
i. Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15
all appear to be acceptable for septic system
designs at this time.
3
BK 4464 PG 303
ii. Lots 1, 14, 16, 17, 18, and 19 need additional
testing prior to issuance of a building permit:
(1) Lot 1 may not have sufficient parent material
over the entire area for proposed leaching.
(2) Lot 14 and 16 need additional testing.
(3) Lots 17 and 18 have no percolation tests
logged and have one and two deep holes
respectively, that are not acceptable due to
ledge. These lots may never be acceptable due
to the amount of ledge found on site.
(4) Lot 19 has only one deep observation hole and
one percolation test at one end of the
proposed system with no record of additional
testing in the area.
b. The applicant must submit to the Town Planner proof that
the FORM M referred to in Condition above, was filed
with the Registry of Deeds office.
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.
f. 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.
g. Lot numbers, visible from the roadways must be posted on
all lots.
5. Prior to a Certificate of Occupancy being requested for an
4
- - _ -
individual lot, the following shall be required:
a. A stop sign must be placed at the entrance to Boxford
Street.
b. 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.
C. All necessary permits and approvals for the lot in
question shall be obtained from the North Andover Board
of Health, and Conservation Commission.
d. Permanent house numbers must be posted on dwellings and
be visible from the road.
e. 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.
f. The lot must be raked, loamed and seeded, sodded, or
mulched if the weather does not permit seeding or
sodding.
g. 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.
h. 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.
5
8K 4464 PG 305
a. A donation equal to the fair market value of a sidewalk
constructed along one side of the roadway shall be given
to the Town of North Andover's Sidewalk Fund.
d. An as-built plan and profile of the site shall be
submitted for review and approval.
e. 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.
f. 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 following requirements of the Division of Public Works
must be adhered to:
a. The subdivision must be connected to the municipal water
distribution system at its current terminus on Boxford
Street at Candlestick Road. The water main shall be 12
inch cement lined ductile iron pipe installed in the
southerly shoulder of Boxford Street. The installation
shall include five 12" gate valves. Hydrants shall be
installed approximately every 500 feet. Water services
shall be extended to the property line for all existing
houses and lots on Boxford Street.
b. A hydrant should be installed at the end of the proposed
subdivision water main at approximately station 16=60.
The proposed 8" valve and 1" blow off may be eliminated.
C. The 12" drainage piping identified as reaches 9, 12, & 16
should be installed 5 feet left of centerline.
d. Permits for utilities and roadway extensions will not be
granted until a set of approved plans, and copies of the
decisions of both the Planning Board and Conservation
Commission are on file at the Division of Public Works.
8. The sewer extension for the subdivision will be subject to the
policies of the Division of Public Works regarding the
6
mitigation of groundwater infiltration into the existing
sewers.
9. The Town Planner will review any signs utilized for this
project. One (1) unlighted identification sign at each public
entrance to a subdivision not exceeding twelve (12) square
feet in area; to be removed when the subdivision roadway is
accepted by the Town.
10. 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.
11. There shall be no burying or dumping of construction material
on site.
12. Stump dumps are not allowed.
13. The contractor shall contact Dig Safe at least 72 hours prior
to commencing any excavation.
14. 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 have been granted by the Planning Board:
a. Section 7(A) (4) (a) Dead end streets: The length of a
dead end street should not be longer than 800 feet in an
R-1 District. The proposed roadway is 1,275.53 feet in
length. This waiver is granted because a through street
is not feasible due to the presence of wetlands on site.
This development is on an island of upland. The long
roadway also provides access to the open Space.
b. Section 7(D) Sidewalks: This waiver is granted because
this street will never become a through street and
Boxford Street, the adjacent street, does not and is not
likely to have sidewalks. In lieu of constructing the
sidewalks, a donation equal to the fair market value of
a sidewalk constructed along one side of the roadway
7
BK 4464 PS 107
shall be given to the Town of North Andover's Sidewalk
Fund. -
these waivers 'nave been granted in an effort to minimi-ze the
amount of cutting and filling required on site thereby
decreasing the amount -of erosion -and siltation -on site.
17. This Definitive Subdivision approval is based upon $ Special
Permit granted in accordance with Section 4-125, 10.3 and
14.3-1 of the North Andover Zoning Bylaw. The Special Permit
and Definitive Subdivision approvals -are both -based upon the
following information:
a. Plan titled-: Planned Residential Development of "Jerad
Place - Phase IV"
Designed for: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Scale: as noted
Date: 9/1/95
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road/US Route 1
Topsfield, MA 01983
Sheets: 1 through 10
bi. Plan titled: R-1 (Conventional Lotting Scheme)
Planned Residential Development
Modification of a Definitive Subdivision
Plan of Lot 29 - Jerad Place Phase 11
Designed for-: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Scale: 1" = 100,
Date: 18 Aug 95
Designed by: Thomas E. Neve Associates, Inc.
447 old Boston Road/US Route 1
Topsfield, MA 01983
Sheets: 1 through 2
c. Hydrologic Analysis of A Planned Residential Development
"Jerad Place - Phase IV"; September 5, 1995; Thomas E.
Neve Associates, Inc., 447 Old Boston Road, US Route 01,
Topsfield, MA 01983.
d. Engineering review comments by Coler and Colantonio Inc.,
dated 5/16/95, 6/16/95, 9/15/95.
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JeradIV.sub