HomeMy WebLinkAboutFRANCES ESTATES `e
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APPLfCA jPos_APPRwAi aP A PRILDMUT PLAN
August 6 19.L4.
To the Planning Hoardof the Tom of )forth AndOw"s
The undersigneds being the applicant as defined under Chapter 41r Section MwLr
for approval of a proposed subdivision share on a plan entitled
"Frances Estates"
By Merrimack Engineering Services _- dated June . 19 84
being land bounded as follows:
Northerly by N/F Abbott Realty Trust 712'± rte.
Easterly by N/F Gillis & N/F Rozdras 966+-
Southerly
66+Southerly by Mosquito Brook 570't
Westerly by Rea Street 570'±
hereby submits said plan as a PREL 031ARY subdivisions plan in accordance with the
Rules and Regulations of the North Andover Planning Hoard and sakes applicatio:► to
the Board for approval of said plan.
Title references North 8ssex Deeds, Books 45, Page251 i or
Certificate of Title No.,__q Rsgistrstica Bookr P684"04
Others !! '•y us
Applicant's turs3
Received by Torn Clerks
Dates ApplicanVe addreaa ES`& Inc.
P.0. Box 177
TIms Pinehurst, MA
Signatures Orner•s signature and address if not the
applicant:
r �
Notice to APPLTCW/TWN M= of Action of Plug Board, an Prelidmry
Subdivision Plan entitled:
"FRANCES ESTATES"
By: Merrimack Engineering Services , Incdated July, 1984
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3. The North Andover Planning Board has teatativelY apProved said Plant
subject to the following modifications thereof:
(see attached)
46
Yery truly yours$
IMM ANDDM PLAIpI M BOARD
By Michael P. Roberts , Vice_Chairman
Date: October ,?4 . 1984
Y
A
DECISION - CONDITIONALPROV
AP AL
FRANCES ESTATES - PRELIMINARY PLAN
PLAN DATED: JULY 1984
1 . A Notice of Intent shall be filed with the Conservation
Commission as required under Chapter 131 - Wetland Protection Act due
to street drainage directed into an existing brook.
2. The distance between all fire hydrants on the proposed road and
the upgraded portion of Rea St . shall be no greater than 500 feet.
3. Any drainage from cellars or lot development shall be tied into
the designed drainage system to be shown on the definitive plan, and
approved by the Planning Board and Highway Surveyor . Drainage not
shown on definitive plans will not be added during construction
unless required by the Highway Surveyor .
a . Catch basins are to be set 2 feet from edge of road .
b. Main drain line shall run parallel to the edge of road.
c . Two sets of catch basins shall be installed at Summer & Rea Sts .
Notation to be placed on the plan to be recorded.
4. Road pavement and gravel width shall be increased by three (3)
feet in all areas where Cape Cod berm is required, to be determined
in the field by the Highway Surveyor. Binder coat of hottop shall be
28 feet, with a finish coat of 26 feet and 3/8" crown. Gravel width
to be 30 feet .
5. Rea Street shall be upgraded to residential standards in
accordance with the Subdivision Rules and Regulations, to permit
legal access to the proposed subdivison. The submission of the
definitive plan shall include plan, profile, and construction details
of Rea St, from the end of Florence Estates to the northerly end of
curvature of the proposed roadway. If roadway esements and/or
parcels are proposed, they will be delineated with metes and bounds
on a plan for record. Security in an amount satisfactory to the
Highway Surveyor and Public Works shall be posted to ensure proper
completion of roadway and utilities .
6. In the event this subdivision is not constructed in conjunction
with Florence Estates , the Planning Board will require a constructed
cul-de-sac at the end of the proposed roadway on Lot 1.
Notation to be placed on the plan to be recorded.
7. The submission of the definitive plans will be accompanied with
documentation as to the status of Rea St . and if necessary, releases
from the abutters indicating the legal ability to construct Rea St.
I
in accordance with the Planning Board' s Rules and Regulations .
8. Any brick used shall be clay brick. All masonry is to have solid
bed and end joints of quality cement mortar . Basin units to be 8
inch precast with cone tops.
9. Roadway cross-sections will be clearly illustrated on plan for
definitive review.
10. Areas to be stumped shall be clearly delineated on the final
definitive plans to be reviewed and approved by the Planning Board.
11. The applicant shall submit a Statement of Environmental Impact as
required in Section IIIB5 to the Planning Board. Information
describing in detail the impact on Town services subsection a shall
be included.
12. Prior to seeking lot releases , the applicant shall have installed
utilities and applied the proper binder coat from Rea St. to and
including the intersection with the proposed road. This will ensure
safe access for vehicular travel by residents and emergency vehicles.
13. The owner shall retain title to the fee of each street , path or
easement in or appurtenant to the subdivison until conveyed to the
town. Applicant shall maintain and repair the roads and drainage
structures in a manner satisfactory to the Planning Board.
Notation to be placed on the plan to be recorded.
14. The definitive plan shall delineate the edge of the bordering
Vegetated Wetlands .
15. No lots shall be released from the covenant until the water main
is looped through to Summer St .
Notation to be placed on the plan to be recorded.
16. The definitive plan will show proposed grading for septic systems
on all lots that abut a wetland or are in a close proximity to the
Bordering Vegetated Wetlands .
17. Drainage calculations shall be submitted to reflect surface
runoff to zero in both the 10 year and 100 year storms .
18. The culvert crossing of Mosquito Brook will be designed to pass
the 100 year storms with the same retention in the upstream meadow
that presently exists. Reinforced concrete will be required.
19. A waiver from the North Andover Planning Board' s Rules and
Regulations must be requested in writing for the approval of a dead
end street exceeding 500 feet.
2I0. The submission of the definitive plan must be accompanied by a
signed Purchase and Sales Agreement (or other equal documentation) by
Christopher Kaddaras (et ux) which should be valid through the
approval , appeal , and recording process . It should bind both the
owner of Frances Estates and Kaddaras. Kaddaras must have mortgage
assent .
21 . Copies of deeds and any mortgages on property showing ownership
to Frances Estates will be submitted with the definitive plans .
22. Percolation test data and spring water tables will be submitted
With the definitive plan on the lots included with the subdivision.
A
Notice to APPLICARP/TOhN MMK and Cartification of Action of Flauaadag Board
an Definitive Subdivision Plan entitled:
FRANCES ESTATES
Dr Merrimack Eng. , Services, Inc. dated November � 1484
The North Andover Planning Board has voted to APPRM said plan, subject to the
1. That the record owners of the subject land forthwith w mute and record
a"covenant ruzning with the lend", or otherwise provide security for the calk-
struction of ways and the installation of municipal services within said sub-
division, all as..provided by G.L. c.._419_S. SL-U. ,
,,2. That all each construction and installations shell in al] "speoU
conform to the governing rules and 'reguUticns of U s Board.
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Other conditions:
A. All Planning Board Conditions are to be placed on the recorded definitive plan.
B. 'Prior to signing the- definitive plans all deeds of easements'shall be submitted to the
Planning Board and held in escrow until completion. At the time ofcompletion, the
developer or owner shall execute such documents for the Town.
C. A certified as built plan shall be submitted showing the location of all utilities (electric,
water, sewer,telephone) prior to binder coat application.
D. Final as built plans shall be submitted to the Planning Board prior to final release of
security.
E. A certified plan from a Registered Engineer or Land Surveyor shall be submitted to the
Planning Board for review detailing proposed stump pit areas for approval prior to
construction of any kind. All stump pit areas are to be approved by the Highway
Surveyor.
F. The owner/applicant/developer shall be aware of the fact that approval of this subdivision
under the Planning Board's Rules and Regulations will not relieve said parties of the
responsibility to other property owners upon whose land may be affected by indirect or direct
have been taken from said approval within
twenty days from this dater the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
ear +r * * w * e * ew * �r �r * ww * * * * * * * ewrww �re * * e * • * *
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NOW P=J(1SKVW%0Mt jaC
NORTH ANDD M PLANKM BOARD
Date: A ri . By: Parul-A. Hedstrom. Vice Cla;rman
FM C
APPLICATION FOR APPROVAL Or Dffm TIVE PIAN
- December 28 19 .L4
TO the Planning Board of the Tom of North. Andover:
6Wm beftg the applicant as defined under Moor 41, Section
f ',;.a ..of a pro ofed,.!!m ! dW4Dnp:pa.a peen t3A i
Francis Estates
}f Merrima¢]� Eh�ineerzng.Servic�s, .. �,. r
being land botWded an follows: North by Abbott. Street; Gillis, East by
Gillis, E + FBuilders, South by Romano,` West`'by Rea Street.
to p]ae: as a + plan Inaca e , .. theRules and
Regnlatiaos at-,the Noath Aidawem►•PIa>s IM ftft d and make application to t1 s
Board lor.:approval of. said ,plan,
ml,�.hd.-tr [ 'r "4—Mew-W—.1
t fYaencs: 11ase�t s, . ►age or .
Certificate of Titl.a 0e No. Registration Book ; or
l ie
Said Plan has(x) bas not( evolved from a preliminary plan submitted to
the Board of Planning 1q 8 m1d~app 0 d•(With nodifteations) (x)
disapproved..( T„air * 19 .. 1
The undersigned hereby applies for the approval of said D>SrnaTIVS plan
by the Board* and in furtherance thereof hereby agrees to abide by the Boardis
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DBFINITIVB plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the .
Planning Board the Public Works De Highway yo .
partment, the $arum r the
Board of Health, and all general as well as zoning bylaws of said Tomq
as are applicable to the installation of utilities within the limits of
ways and Streets;i clud' the required cable to b installed b Con mental
Cablevision; the deveoper sell make contact with Cailevision forycoorination.
2. To complete and construct the Streets or ways and other improvements shown
thereon in accordance with Sections lv and V of the Rules and Regulations
Of the Planning Board and the approved DSPINITIVB 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 bixrding upon all heirs, w0cutora, administrators,
succOBsorS, 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: 3A s>e-
Date: Signature of A 7-A
Times P.O. Box 177 . it
Pinehurst MA
Signature: -- z, pv e. • ,�__
AddraBs .;,`.
I
RECEIVED
%NI c O 0
N0R1'H Al 00ER
FRANCES ESTATES DEFINITIVE PLAN kk 5 M 34 AN
CONDITIONAL APPROVAL
APRIL 1, 1985
4. In accordance with the Fire Department ' s recommendation:
a. All lot numbers shall be posted during construction;
b. House numbers shall be posted as soon as possible;
C. No open burning is to be permitted;
d . All underground fuel storage shall comply with the Fire
Department' s requirement.
5. Prior to taking occupancy, the subdivision road shall provide
adequate access to each residence by having an apporved binder
coat of hottop.
6. A Notice of Intent shall be filed with the North Andover
Conservation Commission as required under Ch. 131, Wetlands
Protection Act and the local Conservation Commission' s
regulations and any changes required may be cause for
reconsideration of the subdivision under M.G.L. , Ch.41 .
7. All requirements of the subdivision control law pertaining to
' street trees ' shall be enforced. Security in the amount of
$5, 800. shall be retained for this purpose.
8. Rea Street shall be upgraded to residential standards in
accordance with the subdivision rules anfd regulations, to
permit legal access to the proposed subdivision. Prior to
signing the definitive plans, a plan to include propfile, and
construction details of Rea Street from the end of Florence
Estates to the northerly end of curvature of the proposed
roadway. If roadway easements and/or parcels are proposed,
they will be delineated with metes and bounds on a plan for
record. Security in the amount satisfactory to the Highway
Surveyor and Public Works shall be posted to ensure proper
completion of roadway and utilities .
9. The owner shall acquire and retain title to the fee of each
street, path or easement in or appurtenant to the subdivision
until conveyed to the town. Applicant shall maintain and
repair the roads and drainage structures in a manner
satisfactory to the Planning Board,
10. A waiver from the North Andover Planning Board' s Rules and
Regulations must be requested in writing for approval of a
dead end street exceeding 500 feet.
11. Sewer shall be installed to the following specifications in
accordance with the Board of Public Works recommendations:
I
i
a '
A. An 8" ductile iron cement lined water pipe, seal coated
inside, tar coated outside shall be installed for 900 feet, 15
feet from the property line with 5 feet of cover below the
finish grade;
B. Eddy breakflange hydrants to North Andover specifications
shall be installed at sta.0+15, 5+10, 8+40. They are to be
installed with 6" Mueller or equal gate valves (open left ) in
compliance with AWWA specification L500 52T with sliding type
cast iron gate boxes marked 'WATER' .
C . 8" Mueller or equal gate valves (open left) shall be
installed at the intersections of Rea Street and at the
intersection of Abbott Street .
D. An 8" ductile iron cement lined water pipe, seal coated
inside and tar coated outside shall be installed for 470 feet
on Rea Street; installation per requirements in condition 8.A.
E. All work must pass leakage and pressure tests performed in
accordance with Section 13 of AWWA specification C600 and
chlorinated in accordance with AWWA C601 standard procedure
for disinfecting water mains;
F. An 8" unglazed full strength vetrified clay sewer on the
proposed roadway for 900 feet installed in the centerline of
the street . Sewer manholes shall be installed at
sta. 0-8. 15, 1+55, 2+45, 5+45, 6+35 and 9+0;
G . An 8" unglazed full strength vetrified clay sewer pipe
shall be installed for 360 feet in the centerline of Rea
Street. Sewer manholes shall be provided at sta. 55+04, 57+25
and 58+63. A sewer lift station to North Andover
specifications shall be provided at sta. 57+25;
H. Precast manholes shall conform to ASTM designation C478
and shall meet the following:
wall thickness shall not be less than 5"
sections shall have tongue and groove joints with
approved bitumastic gaskets
pipe connections shall be of the rubber boot with
stainless steel bond type or approved equal
manhole frames and covers shall be cast iron lettered
'SEWER' and shall be a minimum of 6" high.
J . All sewers must pass low pressure air tests with a maximum
allowable leakage rate of 0.0015 cubic feet/minute/square foot
of internal pipe surface .
12. The applicant shall comply with the drainage pipe requirements
established by the Highway Surveyor and Town Planner in
accordance with his previous discussions and representations .
13. The applicant shall submit a plan showing the acquisition of
property along Rea Street to be recorded with the subdivision
plan and accompanied by legal documents that abutters have
deeded their rights to and land for the widening of Rea Street
in fee .
14. No lot shall be released from the covenant until the roadway
I
is constructed from Summer Street through to Abbott Street
f
(Rea Street and North Cross Road) to allow through traffic. .
15. Retention/detention ponds shall be enclosed with easements to
be shown on the definitive plans for recording .
16. The corner roundings on Lot 1 at the intersection of North
Cross Road and Rea Street shall be relocated to coincide with
the proposed roadway widening area.
17. The parcel on Lot 1 designated as "area of transfer to Romano"
shall be given a lot number with a notation that it is not a
building lot in and by itself and is to be deeded in fee to
the abutter Ernest and Antoinette Romano.
18. The area designated "Abbott Realty Trust to ECS, Inc." at the
intersection of North Cross Road and Abbott Street shall be
given a lot number and designated as not a building lot in and
by itself but is to become part of North Cross Road. Executed
deed in fee from Abbott Realty Trust to ECS, Inc. shall be
recorded with the definitive plan.
19. The definitive subdivision plan shall show the edge of the
bordering vegetative wetlands in accordance with the
Preliminary plan decision.
20. The roadway cross-section will be in conformance with the
typical roadway section as shown on the Florence Estates
subdivision plan.
kn/196
cc: Highway Surveyor
Board of Public Works
Tree Warden
Police Chief
Fire Chief
Building Inspector
ector
Conservation Commission
Board of Health
Assessor
File
Applicant
Engineer
Abutters
RECEIVED
DANIEL u NG LAW OFFICES of
TOWN rl W��MAN M. SHACK
r ';' LLKIAM P. SHACK
NORMAN M.SHACK,P.C. ®QQ NCH STREET TELEPHONE(6171688.0292
WILLIAM P.SHACK S[p a IQ 2� TFICE BOX 71B FAX(8/»885.4051
(ADMITTED MASS.&N.H.) V[6. METHUEN,MASSACHUSETTS 01844
June 21 , 1988
BY HAND
Planning Board
Town of North Andover
120 Main Street
North Andover, Massachusetts 01845
Attn: Scott A. Stocking, Planner
Re: Francis Estates Subdivision
Gentlemen:
This office represents Allan E. Cuscia and Joseph
G. Levis, present owners of certain lots in the above-
described subdivision and successor in interest to that of
Environmental Control Services, Inc. , the original developer
of same.
For filing with your Board, I enclose herewith Certi-
ficate of Amendment, etc. , of Approval of Definitive
Subdivision Plan. This is to request a Public Hearing
pursuant to M.G.L. c. 41 , §81W to review the present owners '
request to amend or modify certain of the Conditions of
Approval of the above-referenced subdivision.
This request is made so as to allow the present owners
to complete the development of the remaining lots of the
subdivision providing septic system(s) and leaching
field( s) , rather than requiring the completion of an under-
ground sanitary sewer system as your Approval presently
does.
Please inform this office of the hearing date, place
and time. I enclose herewith a check in amount of $45. 00
for advertising expenses.
Thank you.
Very truly yours,
William P. Shack
WPS:kt
Encl.
.. _ s
RECEIYEO FORM Q
MORT" 44DOVER PLANNING BOARD
SEF 4W4009 W 1ARTH ANDOVER , MASSACHUSETTS
CERTIFICATE OF AMENDMENT , MODIFICATION OR RESCISSION OF
APPROVAL OF DEFINITIVE SUBDIVISION PLAN
19 88
TOWN CLERK
TOWN OF North Andover Massachusetts
Allan E. Cuscia and
On the 4WVftWpetition of Joseph G. Levis dated June 20,
1988 and in accordance with Massachusetts General Laws ,
Chapter Section 81-W, it is hereby certified by the Planning Board
of the town of North Andover , Massachusetts , that at
a duly called and properly posted meeting of said Planning Board, held
on , it was voted to amend/modify/ ffe='kMd:
the approval of the definitive subdivision plan of land entitled :
"Francis Estates" owned by : E.C.S. , Inc.
of : PO Box 177, Pinehurst, Mass, , plan (s ) dated :
November, 1984 , and revised : June, 1985
y : Merrimack Engineering Services, Inc. , ' and recorded at the:
Essex North District Registry of Deeds , P1andXNo. 10015,
Covenants, p00UWWWDMajL1WWEDae being dated June 28, 1985 ____
and recorded Book 2032 , Page 193 . Ta_nd7 ocate
off Rea Street, North Andover, MA , and showing eight (8)
proposed lots , by making the following amendments/mod> ication s :
to amend Condition of Approval 11. set forth on Sheet 5 of said Plan
so as to allow Developer to complete the lots not previously released
and shown thereon with septic systems and leaching fields, as shown
on Sheet 2 of said Plan.
All prior conditions of approval shall remain in full force and effect
until such time as they are met ; pursuant to Massachusetts General Laws ,
Chapter 41 , Section 81-W, this Amendment/Modification/I4l�$Xi� shall
take effect when duly recorded by the Planning Board at the Essex
North District Registry of Deeds the plan or originally approved ,
or a copy thereof , a certified copy of this vote making such Amendment/
Modification and any plan or other document referred to
in this vote . Said recording to be at the expense of the applicant
in the case of Amendment or Modification .
The Amendment/Modification/Rb4�- > of the approval of this plan
shall not affect the lots in the subdivision which have been sold or
mortgaged in good faith and for a valuable consideration or any
rights appurtenant thereto , without the consent of the owner of such
lots , and of the holder of the mortgage or mortgages , if any , thereon .
(Page 1 of 2)
Written consent from said owners and mortgages , if any , is attached
hereto .
NOTE TO CLERK: The Planning Board should be notified immediately of
any appeal to the Superior Court on this subdivision
Amendment/Modification/Rescission of the approval
made within the statutory 20-day appeal period .
If no appeal is filed with your office , the Planning
Board should be notified at the end of the 20-day
appeal period in order that ' the originally approved
plan may receive an appropriate endorsement and be
recorded along with a registered copy of the certi -
fied vote Amending/Modifying/Rescinding the approval .
A True Copy , attest :
Clerk ,
Planning Board
Duplicate copy sent to applicant :
Planning Board
PECEIVED
DANIEL L0rNG
TOWN CLF RK LAW OFFICES OF
NOR7y .� COVER
oneNORMAN M. SHACK
- i6 WILLIAM f. SHACK
WRMAN M.SHACK.P.C. ONE BRANCH STREET TELEPHONE(6171 666.0a9a
WILLIAM P.SHACKFAX(617)685.4031
POST OFFICE BOX 716
(ADMITTED MASS.6 N.H.) METHUEN.MASSACHUSETTS 01644
September 3, 198.8
Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: Lots 1, 2, 3, 7 and 8, Frances Estates Subdivision,
North Cross Road, North Andover
Dear Sir:
With reference to above property, please be advised that
on June 21, 1988, the owners, Joseph G. Levis and Allan E. Cuscia,
65 Merrimack Street, Lawrence, MA 01843, filed a !3equest for
Modification of Subdivision Plan with the Town of North Andover
Planning Board.
Kindly file this Notice with your pertinent records.
Very truly yours,
4"0-
William P. shack
wos :s
cc: Joseph G. Levis et al
BY HAND
r
LAW OFFICES OF
NORMAN M. SHACK
WILLIAM P. SHACK
NORMAN M.SHACK.P.C. ONE BRANCH STREET TELEPHONE(GIA$86.0292
WILLIAM P.SHACK POST OFFICE BOX 718 FAX 18171885.4051
(AOMITTM MASS,a N.H.I. METHUEN.MASSACHUSETTS 01844
September 2, 1988
Town Clerk
Town of North Andover
e it
x.20 Main Street � 5Q 40
North Andover, MA 01845 co
y z 0
r'r
Ae; Frances Estates Subdivision, North Cross Road, North Andover o o
Dear Sir: �G
Please be advised that on June 21, 1988, Joseph G. Levis and Allan E.
Cuscia filed a Paquest for Modification of Subdivision Plan .for the
above-referenced project with the Town of North Andover Planning Board.
Kindly file this Notice with your pertinent records.
Very truly yours,
William P. Shack
wps:s
CERTIFIED MAIL P790 295 267