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HomeMy WebLinkAboutAgreement for Judgement i� f' j, COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. LAND COURT i No. 128-570 BENJAMIN C. OSGOOD and ) HARRIET G. OSGOOD, TRUSTEES ) OF ABBOTT STREET TRUST, ) (� Plaintiffs ) ) V. ) TOWN OF NORTH ANDOVER ) PLANNING BOARD, ) Defendant ) i ESSEX, ss. No. 127-276 BENJAMIN C. OSGOOD, TRUSTEE ) OF ABBOTT STREET TRUST, ) Plaintiff ) c V. ) r� r- h PAUL HEDSTROM, ERIC NITZSCHE, ) _, JOHN BURKE, JOHN SIMONS and ) (-- GEORGE PERNA as they are the TOWN OF NORTH ANDOVER PLANNING BOARD, ) �? Defendants ) �, (` AGREEMENT FOR JUDGMENT {: The parties to the above-entitled action hereby enter into this Agreement for Judgment as follows : t Whereas, on October 30, 1987, the plaintiffs pursuant to M.G.L.c. 41 , §81W submitted to the Planning Board a proposed modification of a subdivision plan which had earlier been approved on December 2, 1985; and Whereas, the new plan submitted on October 30 , 1987, entitled "Definitive Subdivision, ' Abbott Village Estates located in North Andover, Massachusetts" dated i October 23, 1987 and prepared by Thomas E . Neve Associates, Inc. appears to have been constructively approved; and i Whereas, on February 29, 1988, the town clerk of I: North Andover issued a certificate pursuant to M.G.L.c. 41 , §81 certifying that the Planning Board took i no action on the plan within 60 days, no appeal had been taken, and "said approval has become final" and the plan was recorded in the Essex County North District Registry I; of Deeds on February 29, 1988;and Whereas, the Planning Board held a public hearing on May 12, 1988 for the purpose of modifying the constructively approved plan by imposing certain conditions; and Whereas, by a written decision filed with the town clerk on June 13, 1988, the Planning Board instituted 'I certain conditions to be imposed on the plan; and Whereas the plaintiffs have contested in this litigation the Planning Board' s legal authority to impose conditions on the constructively approved plan; and i Whereas, the parties now wish to compromise and settle the claims between them respecting the proposed subdivision known as Abbott Village Estates; Now, therefore, based upon the foregoing and in consideration of the termination of all pending litigation between the Planning Board and the mutual -2- . covenants and conditions stated herein, the parties agree that the matter be remanded to the Planning Board to consider and approve the plan entitled "Definitive Subdivision, 'Abbott Village Estates ' , located in North Andover, Massachusetts" dated October 23, 1987 prepared by Thomas E. Neve Associates, Inc. to be modified in accordance with and subject to the conditions stated on Exhibit 1 to this Agreement for Judgment. PAUL HEDSTROM, ET ALS. AS BENJAMIN C. OSGOOD and THEY ARE THE TOWN OF NORTH HARRIET G. OSGOOD, TRUSTEES ANDOVER PLANNING BOARD, OF ABBOTT STREET TRUST, By their attorney, By their attorneys, w i 'Jo B. Bard J an pelman & Paige Howard Pi Speicher 77 Franklin Street Davis, Malm & D 'Agostine r. Boston, MA 02110 One Boston Place (617) 451-0750 Boston, MA 02108 ( 617) 367-2500 iDated: December /,-3 , . 1989 By the Court: Dated: Justice of the Land Court CERTIFICATE OF SERVICE I hereby certify that I have served the within document by mailing copies thereof on this day of December, 1989 to all counsel of record,/-_ Howard P. -3- EXHIBIT 1 ABBOTT VILLAGE CONDITIONAL APPROVAL Lot #38 shall be eliminated and the subdivision shall not have more than 58 lots. No more than 2 lots shall be allowed on a commondrive throughout this subdivision. 0 2 1 The Planning Board agrees to waive the required slope angle �✓ and shoulder distance in favor of a ' pavement width with 12" thick headwalls at the following locations: a. Headwall extending from Station 8 + 90 to 9 + 50 on Nutmeg Lane, and; b. Headwall extending from Station 14 + 40 to 15 + 20 on Thistle Road. Periwinkle Way is classified as a minor street and shall be constructed with a 26 ' pavement section. Nutmeg Lane shall be constructed with a 26 ' wide pavement section. Thistle Road will be constructed with a 26 ' pavement section. 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. Realignment of the sewer easement shall be shown on the plans as required by the Department of Public Works. a. Sewer lines shall be placed within the Abbott Street Right-of-Way to the intersection of Thistle Road and then down the Thistle Road Right-of Way to the property line. Sidewalks shall be shown on Abbott Street from Thistle Road to, and including, lot 33 . The following conditions are to be placed upon the , Recorded Definitive Plans. (Cover Sheet) 1. Any changes considered "Major" by the Planning Board, caused as a result of action undertaken under M.G. L. Chapter 131, 'Section 40 or North Andover Wetlands Bylaw shall be reviewed by the Planning Board under a Definitive Modification Application. 2 . All lot numbers shall be posted during construction. 3 . All homes located on common drives shall have a residential Fire Sprinkler system installed, as per N.A. F.D. 4 . A bond in the amount of $16, 000 for the As-built plans shall not be released until approved by the Planning Board. VIP i A _A (;� 5. No Certificate of Occupancy shall be issued for any structure built in this subdivision prior to the binder coat of bituminous pavement is in place and constructed as per the plans approved by this decision. 6 Prior to signing the Definitive Plans all executed deeds of easements shall be submitted to the Planning Board prior to filing with the Registry of Deeds. 7 . The applicant shall supply Bus Stop, traffic signs and roadway markings as required by the N.A.P.D. . •8,. The applicant shall improve the intersection of `���Abbott Street into a right angle design in accordance with the requirements of the Planning Board. Said improvements shall enhance the safety of vehicles entering this subdivision. The applicant shall construct the roadway improvements per DPW standards subject to approved plans. 9 . All sewer and water facilities shall be constructed in accordance with DPW standards subject to Planning Board approval. 10. Tree cutting shall be kept to a minimum throughout the' project in order to minimize erosion and preserve the natural features of the site. Therefore, in addition to street trees every seventy five feet along both sides of the roadway, one tree shall be planted for every 400 square feet of area cleared for the roadway outside *of the right of way. The trees shall be a mix of scotch pine, white pine and red pine and will be 6 ' tall or taller upon planting. The developer shall inform the Town Planner when significant tree cutting is to occur. 1 The plans shall be revised to show construction details of all drainage control structures, box culverts and roadway retaining wall to be approved by the DPW. 12 . The Development Plan shows all proposed dwellings and driveways with proposed grading and tree cutting associated with such dwellings. In addition the Development plan shows all sizes and inverts for drainage work outside the roadway lines with existing spot elevations at wetland crossings, all wetland replication areas in detail, all detention ponds with existing and proposed spot elevations, all grading associated with any drainage to be encompassed by an easement. (easement to be also shown on the subdivision plans) The revised intersection of Nutmeg and Salem Street will show detailed grading to insure proper matching of gutter grades with Salem Street and to insure against the creation of ponding areas. The drainage shall connect to a drain manhole on Salem Street 13 . The catch basin outlet at station 9 + 50 on Nutmeg Lane shall be shown. 14 . As-built plans shall be submitted to the Planning Board on an as completed basis for all drainage facilities. Water and Sewer and other utilities and the roadway binder centerline grade. The As-builts for the utilities shall be prior to the binder coat being applied in the right-of-way. Such as-built plans shall be certified by a registered civil engineer and/or professional land surveyor that all aforementioned utilities are in compliance with the approved plans both in location and in grade. Any deviations shall be corrected prior to bond release unless the design engineer can document that the deviation is at least as good or better than the approved plans. 15. No certificate of occupancy shall be issued for any structure built within the subdivision without the approval of the Dept. of Public Works. Such approval will include as a minimum that the roadway can be serviced in the winter months and that the water and sewer facilities are connected and can be used. All hydrants to have six (6) inch gates installed within the pavement area of the roadway. 18 . The Development Plan shows no driveways placed in the locations where catch basins or stone bounds are to be installed. It shall be the Lot owners responsibility to insure against all such instances. Prior to the issuance of a certificate";of occupancy a certification from a registered Civil Engineer and/or Professional Land Surveyor shall state that the existing driveway serving the dwelling is not in a location where a catch basin exists or where a stone bound is proposed. 1 All gate valves comply with AWWA specifications 500 52T and V will be supplied with a 100 lb. sliding type gate box marked "Water" . 2 Lots 25, 26, and 27 or other suitable lots submitted by the applicant and accepted by the Planning Board shall be set aside as a park and not built upon' for a period of three (3) years without Planning Board approval. This condition is in accordance with M.G.L. Chapter 41, Section 81U. 21. Prior to construction the applicant shall submit a detailed construction plan and schedule to the Planning Board prior to starting construction of the subdivision.