HomeMy WebLinkAbout1998-04-13 Recorded Decision FOREST VIEW ESTATES BK j �! j "
Notice to APPLICAN7.ft/TOWN CLERK and Cert!Qication of Action of PlanningBoar do
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oiJ. D c f t-4,r' 3,:bdj.-risiorr. Pla^ ent;t.lec r. view Est,iteS
By: M8F Design Inc. dated September 22, ? ig 97
rev. 12/12/97
The North Andover Planning Board has voted to APPROVE said plan, subject to the
follow-ma conditions:
I. That the record owners of the subject land forthwith execute and record
a "covena*it rwzd:ng w-,th the land", or otherwise provide security for the con-
str ction of wars and the installation of mun: c .pal services wilb-in sad sub-•
dry si on, all as provided by G.L. c. L, S. Sl-U. ,C
2. That all such construction and J,.-stVal l anions shall in all respects
conSorm to the governing rules and regulations of this Board.
3. That, as recuir ed by the North Andover Board of Health in its report to
this Board, no building or other struct=-e shall be bum?t or placed a or. Lots
No. as shorn on said Plan w+thou*t the prio-r
cor_se� of said Board of Health.
4. Other conditions:
See Attached 7-1
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T.w the event that no 'appea; s'.^.a11 have been taken from said approocal within W
txe:t? d ys from this rate, the North Andover Plarn�g Board vr-i i l fc- hw� th
then-after endorse its formal approval upon said plan..
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NORT:i ANDOVER PLA.H= BOARD
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Date: April 13, 1998
Richard S. Rowen
Forest View Estates Definitive Subdivision �--' -r
Conditional Approval BK 5 t{41 P6 .4�� 9
The Planning Board herein APPROVES the Definitive Subdivision for a 92 (ninety-two)-lot, with 91
new homes, subdivision known as Forest View Estates. Richard Pelletier, Mesiti Development Corp.,
I I Old Boston Road, Tewksbury, MA 01876, submitted this application on October 15, 1997. The
area affected is located off of Rt. 114 in the VR Zoning District.
The Planning Board has determined that all lots or structures will be serviced with public sewer
approved and accepted by the Town as required by Footnote 12 of Table 2 of the North Andover
Zoning Bylaw in effect at the time of submittal.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan, dated September 21, 1997, last revised on 1/21/98, 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 18 Waivers.
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) Sewer System issues:
a) The sewer extension in Rt. 114 will be subject to the terms and conditions of the Department
of Environmental Protection draft Administrative Consent Order and Notice of
Noncompliance, ACO-NE-98-1004 dated T%�larch 13, 1998 as well as any modifications to the
conditions stipulated in the Final Consent Order.
b) The sewer extension will be subject to the policies of the Division of public Works regarding
mitigation of groundwater infiltration and inflow into the receiving system V
c) The applicant and the Town of North Andover mutually agree to establish an escrow account
with the Town with sufficient funds provided by the applicant for the purpose of funding a
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review engineer to provide services to the Planning Board. The engineer shall review the
sewer design and pump station plans submitted to the Planning Board and DPW to determine
their adequacy and over-sizing costs (if any), and to monitor construction.
d) The Town Manager and applicant will agree to put in place a participation agreement to
provide for the collection and payment of any over-sizing costs.
2) 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.
3) Erosion Control: The applicant shall implement and follow all requirements set forth in the
"Proposed Construction/Erosion Control Schedule for Forest View Subdivision. Route 114
Salem Turnpike, North Andover, Massachusetts", prepared for Mesiti Development
Corporation. 11 Old Boston Road, Tewksbury, Massachusetts, 01876, prepared by MHF
Design Consultants, Inc., 12-B Manor Parkway, Salem, NH 03079, dated January 1998 and
as shown on a plan entitled Phasing and Construction Plan as amended in Condition 4(c)
below.
4) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
M a) The cul-de-sac island planting plan;prepared by Bruce Taylor, ALA for Forest View Estates.
North Andover,MA on 10-6/98 must be added to the plans as a detail
b) A Development Schedule must be submitted 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 91 lots.
c) An amended"Proposed Construction/Erosion Control Schedule"must be submitted which
conforms to the Development Schedule required above in Condition 4(b).
The Applicant must submit documents conveying the designated Open Space Parcel C to the
State or in the alternative to the Town through the Conservation Commission for review and
approval If the land is to be donated to the State, a perpetual restriction of the type described
in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be recorded
with respect to such land. Such restriction shall provide that the Open Space shall be retained
in perpetuity for one or more of the following uses, conservation. agriculture. or recreation.
The land will be conveyed to the appropriate entity prior to acceptance of the roadways as
public ways.
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f \Nv. -2 e)' Open Space Parcels A, B, D, E, and F are to be conveyed to a Homeowners, Association to be
held in trust for conservation and or agricultural purposes only, The land will be conveyed to
the Home Owner's Association prior to acceptance of the roadways as public ways.
:f) Due to the location of this subdivision on Rt. 114, the applicant shall post a Site Opening Bond
in the amount of fifteen thousand dollars(S 15,000) 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 60). 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 Site Opening Bond is not intended to cover the off-site sewer. The Division of Public
Works Opening Permit will cover the off-site sewer work and Performance Bond Agreement
referenced in Condition 5(c).
M g) The final subdivision plans must be reviewed and approved by the outside consultant, the
Planning Department and D.P.W. All comments outlined the letter from James Rand,DPW
dated January 7, 1998 must be adequately addressed.
Yf h) The final Rt. 114 off-site sewer and pump station plans must be reviewed and approved by the
outside consultant and D.P.W. The plans must be in accordance with a letter from Richard
Pelletier,Mesisti Development to the Division of Public Works dated Aprf 1, 1998 which
agrees to DPW's required modifications outlined in a letter from Guertin Associates dated
.March 2, 1998. The plans shall be further revised to include a divided wet wall with sluice gate
at both pumping stations, and modifications to the inlet piping at station No. 2 to accommodate
the new wet well. Suction piping for the emergency by pass pumping system shall be installed
in the last sewer manhole before each wet well.
i) 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 Iots may be released from the
covenant upon posting of security as requested in Condition 60).
J7 The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
�t- k) All application fees must be paid in full and verified by the Town Planner.
1) The applicant must meet with the Town Planner in order to ensure that the plans conform to
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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
MO-' m) The Subdivision Decision for this project must appear on the mylars.
n) 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.
5) Prior to ANY WORK on the site,
a) The applicant must submit sufficient proof as determined by the North Andover Planning
Board to the Board that the Massachusetts Department of Environmental Protection and the
Town of North Andover has allowed the connection of the 91 house lots to the sewer system
must be submitted to the Planning Board.
b) The Rt. 114 sewer line and all necessary appurtenances must be constructed in accordance with
the approved plans.Department of Public Works requirements and the Planning Board
consulting engineer review.
C) Work on the off-site sewer in Rt. 114 will be allowed only upon the receipt of a conditional
sewer extension permit from the Massachusetts Department of Environmental Protection. a
Massachusetts Highway Department Permit, and a Division of Public Works Street Opening
Permit and Performance Bond Agreement.
d) Detailed phasing plans must be submitted for each phase as submitted for phase I referenced
below:
i) Plan titled: Forest View Estates—Phase 1
Prepared by: Bruce Stevenson Taylor, ALA
248 Main Street
West Newbury,Massachusetts 01985
Dated: February 3, 1998
e) Yellow"Caution"tape must be placed along the limit of work as shown on the detailed
Phasing plans referenced above. The Planning staff must be contacted prior to any cutting and
or clearing on site.
f) 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.
6) Prior to any lots being released from the statutory covenants:
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wK 5741 PG 323
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
1), recorded Growth Management Development Schedule. and recorded FORM M must be
submitted to the Town Planner as proof of recording.
b) Lots will be released incrementally as site work is completed per the amended
Construction/Erosion Control Schedule for Forest View Submission. Subsequent phases of
lots may be released when the first 8 lots of the previous phase are near completion with final
stabilization completed. Stabilization is defined as the final grading of the proposed road or lot
with either seeding,bay mulch spread on the slopes or in the case of winter conditions, the
placement of erosion control matting/blanketing in the slope.
c) Prior to the release of Lots 38, 42, 43,46, the trail on or adjacent to the lot must be
constructed as shown on the plan. All other portions of the trails must be constructed and
completed within the Construction Phase of the adjacent lots.
d) The entrance to the subdivision and pump house must be constructed during phase I as shown
on the approved Entry—Pump House Plan prepared by Bruce Stevenson Taylor,ALA, 248
Main Street, West Newbury, Massachusetts 01985. The Home Owner's Association will
maintain the pump house and entrance landscaping.
e) The Play Field on Amberville Road must be constructed and completed within the
Construction Phase of the adjacent lots. The Play Field must be constructed as shown on a
plan showing the Play Field and Tot Lot prepared by Bruce Stevenson Taylor, ALA, 248 Main
Street, West Newbury, Massachusetts 01985. dated January 27, 1998. A chain link fence must
be constructed extending along the Detention Basin No. 6 to Amberville Road and along
Amberville Road to Rt. 114. Low shrubs such as forsythia will be planted to camouflage the
fence. The fence is necessary to protect children from the traffic on Rt. 114. The
Homeowner's Association will maintain the Play Field.
f) The Tot Lot on Lot 31 must be constructed and completed within the Construction Phase of
the adjacent lots. The Tot Lot must be constructed as shown on a plan showing the Play Field
and Tot Lot prepared by Bruce Stevenson Taylor, AIA_ 248 Main Street, West Newbury,
Massachusetts 01985, dated January 27, 1998. The Homeowner's Association will maintain
the Tot Lot.
g) The Parklet located on Parcel F and Lots 88 and 89 must be constructed and completed within.
the Construction Phase of the adjacent lots. The Parklet must be constructed as shown on a
plan titled Forest View Estates—Phase 1 prepared by Bruce Stevenson Taylor,AIA,248 Main
Street, West Newbury, Massachusetts 01985, dated February 3, 1998. The Homeowner's
Association will maintain the Parklet.
h) All site erosion control measures required to protect off site properties from the effects of work ,
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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.
i) The applicant must submit a lot release FORM J to the Planning Board for signature.
j) 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 conditional approval The bond
must be in the form of a check made out to the Town ofNorth 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
1) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
viz drainage facilities
vii) site restoration
viii)final site cleanup
A Performance Security may be established for each phase individually.
k) The Performance Security must also include the cost of constructing the Park-let. Play
Field, and Tot Lot referenced above in Condition 6(d), (e) (f) and
7) Prior to a FORM U verification for an individual lot, the following information is required by the
Planning Department:
a) The Planning Board will review the status of the Subdivision and vote to verify FORM U
applications as appropriate and in conformance with this decision..
b) 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.
c) The house designs must be consistent with those presented to the Planning Board as shown in
a booklet titled Forest View Subdivision,North Andover,Massachusetts, "Another collection
of finer homes by A.Mesiti Development"showing The Parker, The Joppa, The Merrimack,
and The Woodbridge.
d) Individual lighting on each lot at the end of the driveways must be provided as stated n the
Environmental Impact Statement for Forest View Subdivision dated October 1997.
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e) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and
staked at a minimum
f) The applicant must submit a certified copy of the recorded FORM J referred to in Condition
6(1) above.
g) A plot plan for the lot in question must be submitted, which includes all of the following:
1, location of the structure,
ii) location of the driveways,
iiii) 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. .
h) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
i) Lot numbers, visible from the roadways must be posted on all lots.
8) Prior to a Certificate of Occupuncy being requested for an individual lot, the following shall be
required:
a) The landscaping and final grading for each lot must be as shown on the detailed Phasing Plan,
dated February 3, 1998 and Typical Landscape Plan, dated February 2, 1998 prepared by
Bruce Stevenson Taylor, ALA, 248 Main Street, Massachusetts 01985.
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 small 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) All 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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e) Permanent house numbers must 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.
9) Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a) The applicant must convey the Open Space Parcel to the State or in the alternative to the Town
through the Conservation Commission as outlined in Condition 4(d).
b) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department
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.
10) 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.
11)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. The applicant must remove any lighting used for the entrance signs prior to acceptance
of the subdivision.
12)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.
13)There shall be no burying or dumping of construction material on site.
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14)The location of any
stump dumps on site must be pre-approved by the Planning Board.
15)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
16) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
17)Any action by a Town Board, Commission, or Department which requires changes in the road wav
alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may
be subject to modification by the Planning Board.
18) 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) e-sac with Island: A waiver has been requested from the right of way
diameter for the cul-de-sac with an island. This waiver has been granted with the
understanding that the Homeowners Association created for this subdivision will maintain the
cul-de-sac islands.
b) Section 7(Al(3)(alGrade at intersections: The grade at intersections exceed the requirement at
the intersections of Palomino Drive and Rt. 114;Palomino Drive and A'berville Road:
Amberville Road and Rt. 114;Amberville Road and Anvil Circle.
c) Section 7(C)(i) Shoulders: This section requires an eight-foot (8')shoulder be provided for the
typical roadway cross-section. This waiver requests a reduction in the shoulder width on
Garnet Drive from Station 2+00 to Station 3+75 from the required 8 feet to 5 feet in order to
reduce the wetland impact of the crossing at this location.
d) These waivers have been granted in an effort to minimize the amount of cutting and firing
required on site thereby decreasirig the amount of erosion and siltation on site.
19) The utilities must be installed and the streets or ways constructed to binder coat April 13, 2006
(eight 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 date, this definitive subdivision approval will be deemed to have lapsed.
20)This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Booklet: Forest View Subdivision
North Andover. Massachusetts
"Another collection of finer homes by A. Mesiti Development"
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bj Booklet: Environmental Impact Statement for Forest View Subdivision
Route 144 Salem Turnpike,North Andover, Massachusetts 01876
Prepared For: Mesiti Development Corp
11 Old Boston Road, Tewksbury, Massachusetts 01876
Prepared By: MHF Design Consultants, inc.
12-B Manor Parkway, Salem, NH 03079
Dated: October 1997
c) Booklet: Proposed Construction/Erosion Control Schedule for Forest View Subdivision
Route 144 Salem Turnpike,North Andover, Massachusetts
Prepared For: Mesiti Development Corporation
l I Old Boston Road, Tewksbury,Massachusetts 01876
Prepared By: MI-IF Design Consultants, inc.
12-B Manor Parkway, Salem,NH 03079
Dated: January 1998
d) Plan titled: Forest View Estates—Phase 1
Prepared by: Bruce Stevenson Taylor,AIA
248 Main Street
West Newbury, Massachusetts 01985
Dated: February 3, 1998
e) Plan titled: Play Field and Tot Lot
Prepared by: Bruce Stevenson Tavlor, AIA
248 Main Street
West Newbury, Massachusetts 01985
Dated: January 27, 1998
fl Plan titled: Cul-de-sac island planting plan
Prepared by: Bruce Stevenson Taylor, AIA
248 Main Street
West Newbury, Massachusetts 01985
Dated: 1/26/98
a) Plan. titled: Entry-Pump House
Prepared by: Bruce Stevenson Taylor, ALA.
248 Main Street
West Newbury,Massachusetts 01985
h) Report: Stormwater Management Report for Forest View Subdivision
Route 144 Salem Turnpike,North Andover.Massachusetts 01845
Prepared For: Nlesiti Development Corporation
I 1 Old Boston Road, Tewksbury, Massachusetts 01876
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