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NORTH ANDOVER REALTY CORPORATION (2)
F Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"Umber: WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the North Andover Realty Corporation computer, use Name only the tab key to move 459 East Broadway your cursor- Mailing Address do not use the Haverhill MA 01830 return key. City/Town State Zip Code 2. Property Owner(if different): Same Name 2ttan Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: &ko/0� Date for work at: Molly Towne Road (Autumn Chase Subdivision) Map 38& Map 65 Parcels 41, 24 Street Address Assessor's Map/Plat Number &33 Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 9631 84 County Book Page Certificate(if registered land) is hereby extended until: 6/22/09 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: North Andover Conservation Commission Date wpaform7.doc•rev.1/07 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (see http://www.mass.gov/deD/about/reaion/findvour.htm). Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North +� I1/ �10�� � - ,907 On this Day Of Month Year Before me, the undersigned Notary Public, personally appeared Name of Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town N~q�1NEDGE � ;:,^v Pv^.uc Signature of Notary Public "-TTS ,--- nted Name of Notary Public Place nota seal and/or an stamp above 9174�0 / notary Y p My Comm ssio xpires(Date) wpaformTdoc•rev.1/07 Page 2 of 4 Massachusetts Department of Environmental! Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Autumn Chase Subdivision 242-1296 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.1/07 Page 3 of 4 pORTM dE 4S6[O O: ` sW�A PECEIVED 2005 Hoy 16 P14 4: 23 Town of Nor&Andover Office of the Department Town Planner 8 `0 R Tf 1 Lincoln Daley Communily Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 hft://www.townofiunthandover.co-m co-m (978)688-9635 NOTICE OF DECISION Any appeal shall be filed Date: November 15,2005 within twenty(20)days after Hearing Dates: October 4— the date of filing this Notice November 15,2005 in the Office of the Town Clerk. Petition of North Andover Realty Crapolation 459 East Broadway,Haverhill,MA 01830. Premises Affected: Molly Towne Road(also referred to as Autumn Chase) Assessors Map 65,Parcels 24&33 and Map 38,Parcel 41 Off of Summer Street,North Andover. Referring to the above petition for a Modification to the Special Permit for a Planned Residential Development(PRD),known as Molly Towne Road("Autumn Chase'). The application was noticed and reviewin in accordance with procedures for approval described in Sections 8.5, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and M.G.L.a.40,sec. 9. So as to allow: Modification to the Planned Residential Development Special Permit to changelrevise the architectural style,location,and footprint of the approved single-family homes,associated grading,and landscape work. At the public baring given on said date above,the Planning Board voted uninamously to APPROVE the Modification to the Planned Residential Development Special Permit for the Molly Towne Road 16 single- f aptly residential subdivision and open space in accordance with the following editions. Signed; wG�. Lincoln 1. ey,Town PGnm Richard Nardella,Chairman John Simons,Vice Chairman James Phipney,Clerk Alberto Angles Jack Green BOARD OF APPEALS 68&9541 BUILDING 68&9543 CONSERVATION 68&9530 HEALTH 68&9540 PLANNING 68&9533 Molly Towne Road"Autumn Chase" Map 65,Parcels 24&33 Modification-Special Permit/PRD Map 38,Parcel 41 16 Single-Family Dwelling Units November 15, 2005 The Town of North Andover Planning Board hereby grants the Modification to the Special Permit for a 16 single-family lot (with associated Usable Open Space) Planned Residential Development ("PRD") known as Molly Towne Road ("Autumn Chase"). The project is located on Molly Towne Road, off of Summer Street, Assessors Map 65, Parcels 24 & 33 and Map 38, Parcel 41 and is in the Residence 2 (R-2)Zoning District. The purpose of the Modification to the Special Permit is to change/revise the architectural style, location, and footprint of the approved single-family homes, associated grading, and landscape work. The Modification to the Special Permit was requested by North Andover Realty Corporation, 459 East Broadway, Haverhill, MA 01830. This application was filed with the Planning Board on August 31, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.5, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and 10.31. a. The specific site is an appropriate location for a Planned Residential Development, as the property would yield 16 homes with a conventional subdivision design vs. the 16 new homes with the PRD design. The modification to the PRD plan minimizes the amount of disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of ten (10) acres of the property through a perpetual open space restriction. This modification will not change or alter the lot layout, lot setbacks and dimensions, roadway design, area of open usable space, and general requirements previously approved in April 22, 2005 Definitive Subdivision and Planned Residential Development Planning Board decisions. The purpose of Modification is to change the architectural style, location, and footprint of the approved single-family homes. b. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately 10 acres of Usable Open Space associated with the development. The character of the project will reflect the rural aesthetic presently defined by the surrounding Summer Street and Rea Street neighborhoods. c. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and access study submitted by,DJK Associates, and reviewed by the town's consulting engineer, demonstrates that the development of 16 new homes will have a negligible impact on the present traffic volumes associated with Summer Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal sanitary sewer and water connections,minimizing the chance of unwanted pollutants entering the groundwater. 2 Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval In particular, the Planning Board finds that the Modification to approved April 22, 2005 PRD Special Permit will: a. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; b. Protect water bodies and supplies, wetlands, floodplain, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; c. Encourage the preservation of open space. The applicant has provided approximately 10 acres of the property as Useable Open Space; d. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character along Summer Street, while conforming to the goals and policies of the Master Plan of the Town of North Andover; e. Meet the Town's housing needs. f. The Planning Board also finds that a base density of 16 house lots is appropriate for the PRD as a conventional subdivision design would also yield 16 new single-family homes. Finally, the Planning Board finds that the Planned Residential Development complies with the Bylaw requirements and grants a Special Permit subject to the following conditions: 1. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non-compliance and with the plans and conditions of approval. 2. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant with the Planning Department. The construction monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Construction 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. The designated monitor may not be the applicant and/or developer. t Molly Towne Road("Autumn Chase") Modification- PRD Special Permit Approval 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b. The applicant shall post a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover pursuant to the North Andover Planning Board April 22, 2005 PRD Special Permit Decision. The Guarantee shall be in the form of a check made payable to the Town of North Andover 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 Performance Security as described in Condition 5(c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee 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 and as directed by the vote of the North Andover Planning Board. 4. Prior to receipt of a Certificate of Completion (Form K) for the project described in the Definitive Subdivision Decision, 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 this land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. 5. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups: a. A non-profit organization or trust whose members are all the homeowners and occupy the homes; b. Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c. The Town of North Andover; d. Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant and reviewed b the Planning Staff prior to the release of an of the lots from the pp Y g P Y covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final Documents must be fully executed and recorded with the Essex North Registry of Deeds prior to final release of any roadway bond or security. Molly Towne Road("Autumn Chase") Modification- PRD Special Permit Approval 6. Prior to the start of Construction: a. Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. b. During construction,the site must be kept clean and swept regularly. c. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition#21. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 9. The Planning Board approves the Architectural Plans provided by North Andover Realty Corporation. Final elevations and footprints shall be submitted to the Planning Department prior to the release of individual lots from the statutory covenants. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. 10. Prior to FORM U verification (Building Permit Issuance): a. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b. The applicant shall adhere to the following requirements of the Fire Department and the Building Department: All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for Molly Towne Road("Autumn Chase') Modification-PRD Special Permit Approval each residential system must also be supplied to the Building Department when applying for a building permit. c. One certified copy of the recorded decision must be submitted to the Planning Department. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot _ within the Molly Towne Road ("Autumn Chase") subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 12. Prior to verification of a Certificate of Occupancy. a. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b. The Town Planner shall approve all artificial lighting used to illuminate the site. Any changes to the approved lighting plan as may be reasonably required by the Town Planner shall be made at the owner's expense. c. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 14. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 15. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 16. Tree cutting shall be kept to a minimum throughout th P g e project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 17. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as indicated in the landscaping plan. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 20. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 21. Any action by the applicant, current or future owner, Town Board, Commission, or Department, which requires changes in the plan or design of the buildings, utilities, landscaping, and lighting as presented to the Planning Board, may be subject to modification by the Planning Board. 22. The project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and the approved April 22, 2005 Definitive Subdivision decision and April 22, 2005 Planned Residential Development as amended by this decision. 23. Any revisions to the plan or design of the residential homes, utilities, landscaping, and lighting shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 24. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 25. This Special Permit approval shall be deemed to have lapsed after November 15, 2007 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 26. The developer shall implement and follow all requirements set forth in this decision and the plans and report referenced below. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 27. The following information shall be deemed part of the decision: Plan titled: Autumn Chase A Single Family Subdivision Prepared For: North Andover Realty Corporation 459 East Broadway Haverhill,MA 01830 Prepared By: Merrimack Engineering Services 66 Park Street Andover,Massachusetts 01810 Dated: December 1,2004, Revised October 19,2005 Sheets: 1 through 17 Scale: V=40' Report titled: Molly Towne Road Project Report on Drainage and Sedimentation Control Drainage Prepared for: North Andover Realty Corporation 459 East Broadway Haverhill, MA 01830 Prepared By: Hayes Engineering,Inc. Dated: August 27,2004 Report Titled: Traffic Impact&Access Study Prepared for: Chestnut Realty Development, LLC Prepared By: Dermot J. Kelly Associates, Inc. 280 Main Street,Suite 204 North Reading, MA 01864 eaerti aEtt,..o ,•!.ya 1'ECEIVEp TOr'4� , !' ?FFICW ' 1►`s • � 8snc►wst` 2005 h0Y 16 FSM 4: 23 Town of North Andover , T Town Planner Office of the e� J4 0�'T t t Lincoln Daley Community Development and Services Division ti c r. 1 400 Osgood Stred North Andover,MassachUWUS 01845 This is to certify that twenty(20)days htW:I fwww.townofnorthandover com have elapsed from date of decision,filed without filing of an peal. (978)688 35 bate � �ti 7 AS- Joyoo A.0mcighaw NOTICE OF DECISION Town Clerk Any appeal shall be filed Date: November 15,2005 within twenty(20)days after Hearing Dates: October 4— the date of filing this Notice November 15,2005 in the Office of the Town Clerk. Petition of North Andover Realty Corporation 459 East Broadway,Haverhill,MA 01830. Premises Affected: Molly Towne Road(also referred to as Autumn Chase) Assessors Map 65,Parcels 24&33 and Map 38,Parcel 41 Off of Summer Street,North Andover. Referring to the above petition for a Modification to the Special Permit for a Planned Residential Development(PRD),known as Molly Towne Road("Autumn Chase'). The application was noticed and reviewin in accordance with procedures for approval described in Sections 8.5, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and M.G.L.c.40,sec. 9. So as to allow: Modification to the Planned Residential Development Special Permit to changetrevise the architectural style,location,and footprint of the approved single-family homes,associated Wad*and landscape work. At the public hearing given on said date above,the Planning Board voted nomamously to APPROVE the Modification to the Planned Residential Development Special Permit for the Molly Towne Road 16 single- family residential subdivision and open space in accordance with the following conditions. Signed; y Linn J. Dafiy,Town Pfanner Richard Nardella,Chairman Arl'hST: John Simons,Vice Chairman James Phinney, Clerk A True Copy Alberto Angles Jack Green Town Clerk BOARD OF APPEALS 68&9541 BUR DING 68&9545 CONSERVATION 688 953o HEALTH 6M9540 PLANNING 688-9535 Molly Towne Road "Autumn Chase" Map 65, Parcels 24&33 Modification-Special Permit/PRD Map 38,Parcel 41 16 Single-Family Dwelling Units November 15, 2005 The Town of North Andover Planning Board hereby grants the Modification to the Special Permit for a 16 single-family lot (with associated Usable Open Space) Planned Residential Development ("PRD") known as Molly Towne Road ("Autumn Chase"). The project is located on Molly Towne Road, off of Summer Street, Assessors Map 65, Parcels 24 & 33 and Map 38, Parcel 41 and is in the Residence 2 (R-2)Zoning District. The purpose of the Modification to the Special Permit is to change/revise the architectural style, location, and footprint of the approved single-family homes, associated grading, and landscape work. The Modification to the Special Permit was requested by North Andover Realty Corporation, 459 East Broadway, Haverhill, MA 01830. This application was filed with the Planning Board on August 31, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.5, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and 10.31. a. The specific site is an appropriate location for a Planned Residential Development, as the property would yield 16 homes with a conventional subdivision design vs. the 16 new homes with the PRD design. The modification to the PRD plan minimizes the amount of disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of ten (10) acres of the property through a perpetual open space restriction. This modification will not change or alter the lot layout, lot setbacks and dimensions, roadway design, area of open usable space, and general requirements previously approved in April 22, 2005 Definitive Subdivision and Planned Residential Development Planning Board decisions. The purpose of Modification is to change the architectural style, location, and footprint of the approved single-family homes. b. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately 10 acres of Usable Open Space associated with the development. The character of the project will reflect the rural aesthetic presently defined by the surrounding Summer Street and Rea Street neighborhoods. c. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and access study submitted by DJK Associates, and reviewed by the town's consulting engineer, demonstrates that the development of 16 new homes will have a negligible impact on the present traffic volumes associated with Summer Street. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal sanitary sewer and water connections,minimizing the chance of unwanted pollutants entering the groundwater. 2 Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval In particular, the Planning Board finds that the Modification to approved April 22, 2005 PRD Special Permit will: a. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this, and facilitates the economical and efficient provision of utilities; b. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; c. Encourage the preservation of open space. The applicant has provided approximately 10 acres of the property as Useable Open Space; d. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character along Summer Street, while conforming to the goals and policies of the Master Plan of the Town of North Andover; e. Meet the Town's housing needs. f. The Planning Board also finds that a base density of 16 house lots is appropriate for the PRD as a conventional subdivision design would also yield 16 new single-family homes. Finally, the Planning Board finds that the Planned Residential Development complies with the Bylaw requirements and grants a Special Permit subject to the following conditions: 1. Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas of non-compliance and with the plans and conditions of approval. 2. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant with the Planning Department. The construction monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Construction 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. The designated monitor may not be the applicant and/or developer. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b. The applicant shall post a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover pursuant to the North Andover Planning Board April 22, 2005 PRD Special Permit Decision. The Guarantee shall be in the form of a check made payable to the Town of North Andover 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 Performance Security as described in Condition 5(c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee 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 and as directed by the vote of the North Andover Planning Board. 4. Prior to receipt of a Certificate of Completion (Form K) for the project described in the Definitive Subdivision Decision, 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 this land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. 5. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups: a. A non-profit organization or trust whose members are all the homeowners and occupy the homes; b. Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c. The Town of North Andover; d. Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final Documents must be fully executed and recorded with the Essex North Registry of Deeds prior to final release of any roadway bond or security. Molly Towne Road("Autumn Chase") Modification -PRD Special Permit Approval 6. Prior to the start of Construction: a. Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. b. During construction,the site must be kept clean and swept regularly. c. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d. The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition#21. 7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 8. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 9. The Planning Board approves the Architectural Plans provided by North Andover Realty Corporation. Final elevations and footprints shall be submitted to the Planning Department prior to the release of individual lots from the statutory covenants. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. 10. Prior to FORM U verification(Building Permit Issuance): a. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b. The applicant shall adhere to the following requirements of the Fire Department and the Building Department: All structures must contain a residential fire sprinkler system. The j plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for Molly Towne Road("Autumn Chase") Modification- PRD Special Permit Approval each residential system must also be supplied to the Building Department when applying for a building permit. c. One certified copy of the recorded decision must be submitted to the Planning Department. 11. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot _ within the Molly Towne Road ("Autumn Chase") subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 12. Prior to verification of a Certificate of Occupancy. a. The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b. The Town Planner shall approve all artificial lighting used to illuminate the site. Any changes to the approved lighting plan as may be reasonably required by the Town Planner shall be made at the owner's expense. c. The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the abovereferenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. 13. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 14. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 15. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Molly Towne Road ("Autumn Chase") Modification- PRD Special Permit Approval 16. Tree cuttingshall be kept to a minim p um throughout .the project to minimize erosion and reserve the natural tural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 17. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as indicated in the landscaping plan. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 20. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 21. Any action by the applicant, current or future owner, Town Board, Commission, or Department, which requires changes in the plan or design of the buildings, utilities, landscaping, and lighting as presented to the Planning Board, may be subject to modification by the Planning Board. 22. The project will he in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and the approved April 22, 2005 Definitive Subdivision decision and April 22, 2005 Planned Residential Development as amended by this decision. 23. Any revisions to the plan or design of the residential homes, utilities, landscaping, and lighting shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 24. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 25. This Special Permit approval shall be deemed to have lapsed after November 15, 2007 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 26. The developer shall implement and follow all requirements set forth in this decision and the plans and report referenced below. Failure to comply with all requirements therein and the conditions of this approval, shall be the basis for the Planning Board, voting by majority Molly Towne Road("Autumn Chase") Modification - PRD Special Permit Approval vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 27. The following information shall be deemed part of the decision: Plan titled: Autumn Chase A Single Family Subdivision Prepared For: North Andover Realty Corporation 459 East Broadway Haverhill,MA 01830 Prepared By: Merrimack Engineering Services 66 Park Street Andover,Massachusetts 01810 Dated: December 1,2004,Revised October 19,2005 Sheets: I through 17 Scale: V=40' Report titled: Molly Towne Road Project Report on Drainage and Sedimentation Control Drainage Prepared for: North Andover Realty Corporation 459 East Broadway Haverhill, MA 01830 Prepared By: Hayes Engineering, Inc. Dated: August 27,2004 Report Titled: Traffic Impact& Access Study Prepared for: Chestnut Realty Development, LLC Prepared By: Dermot J. Kelly Associates, Inc. 280 Main Street, Suite 204 North Reading, MA 01864 l \ ! ,µORTH 1 O t�a.ao a. ti� 0 ~ A It ,SSACFWStS Town of North Andover E F Town Planner Office of the Planning Department Lincoln Daley Community Development and Services Division i 400 Osgood Street _- - 0 North Andover,Massachusetts 01845 v httpJ/www.townofnorthandover.com (978)688-9535 ' .=r-->-c o NOTICE OF DEOIiION C) Any appeal shall be Fled Date: April 22, 2005 -? within twenty(20)days after Hearing Dates:January 18, 2005 thru the date of filing this Notice April 19,2005 in the Office of the Town Clerk Petition of: Chestnut Development LLC,231 Sutton Street, North Andover,MA 01845 Premises Affected: Autumn Chase("Mally Towne Road"), Summer Street,North-Andover. Referring to the above petition for a Special Permit for a Definitive Subdivision, known as Autumn Chase ("Molly Towne Road"). -Che application was determined to be complete and was noticed and reviewed ui accordance with the proccxlures for review and approval in accordance with the Rule;ural Regulations Governing the Subdivision of Land and M.G.L.c.41 (the"Sumivision Control Law"). So as to allow: :nor the approval a d construction of a development of a def rt i . e.subdivision consistLna of 16 single-fatui,y resider.=a2_d approxis_.?te±y ten(i0)acres.of Usabie Open Space within the Residential 2(R-2)Zoning District. At a public hearing given on the said data,above, the Planning Board.,„ted unanimously(4-0)to APPROVE a Definitive Subdivision Special Pe,-;nit for the Au►;rnn Chase !ti single-famiry residential subdivision based and open space in accordance with the following conditions: Signet, wc�c�° Lincoln J. Daley, Td'wnJ. Daley, Planner cc: Applicant Engineer Alberto Angles, Chairman Abutters John Simons DPW Richard Nardella Building Department George White Conservation Department James Phinney ZBA Health Department BOARD OF APPEALS 688-9541 BULDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Autumn Chase Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a new sixteen(16) lot subdivision for 16 single-family homes, known as Autumn Chase. Chestnut Development, LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on Summer Street and is located in the Residential Two(R-2)Zoning District. The Planning Boar makes the following findings as required b Section 5.6 of the Town of North Th Tann g d g gs eq Y Andover Rules and Regulations Governing the Subdivision of Land: A. The approved Definitive Plan, dated December 1, 2004, revised April 4, 2005, satisfies all requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VUB, and has been found to be acceptable in that it provides adequate access. Furthermore, the applicant submitted a traffic impact and access memorandum that was also found to be acceptable. C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a maximum buildout of 16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer Street. D. The approved Definitive Plan re e;ces danger to life and limb in the operation of motor vehicles. Again, conventional development of this subdivision plan would allow a maximum.buildout of 16 new lots, including ANN- lots along .Summer Street. These ANR lots would create additional driveways entering and exiting Sumner Street,creating unnecessary pedestrian and vehicle conflicts. E. The approved Defmitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway and driveway will provide ample access to the homes during emergency situations. F. The appro•,•ed Definitive Plan complies with the Town of North Andover Zoning By-law. G. The approved Defunitive Plan secures adequate provisions for water, sewerage, drainage, urd,:.b.ound utility services, fire police and v hes similar municipal emlipment, and st-eet lighting grid othe ;—oquirements where necessA!ry in a subdivision. The Definitive Plan has been reviewed by the appropriate public safety agencies and-has been four►d tc be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. [_ The Definitive Plan cordorr..s to the design and con.hvction siaikiards described in the Rule-- and Regulations and in the attached ApF,:,;dices with the exceptions of waivers granted in Condition ti 17. J. The Definitive Plan conforms with all.applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements and Approves the subdivision subject to following conditions: Autumn Chase Definitive Subdivision, Conditional Approval 1) Environmental Monitor. The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' 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 areas of non-compliance, if any, and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM 1) 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 required in Condition 5(c). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application,fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's recorded decision. A " set of final plana reflecting a" required changes outlined in VEIB's report dated April 1, 20W riaust be sub-nutted to the Towtz Planner for review prior to endorsement by tue Planning Board. These plans anust be submitted within ninety (90) days of filing the derision with the Town Clerk e) The Subdivision Decision for this project must appear on the mylars. f) A Peed Development Schedule must be --u-bn.itted for signature by the Planning Board, which conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building permit eligibiiity by quarter for all lots. g) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Red latio*s Governing the Subdivision of Land. h) Final water service and water pump designs must be approved by the Divicin;r of Public Works prior the Planning Board's endorsement of the record plans. A memorandum from the Division of Public works confirming these plans have been approved must be provided to the Plarming Department. Page 2 of 7 Autumn Chase Det3nitive Subdivision Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. b) 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. c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Board prior to construction commencing. 4) Prior to Construction on Site: a) Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleating must be performed weekly,or as deemed necessary by the Town Planner,throughout the constnsction process. b) Street sweepi_*�g must be perfonn4 at least once per n!onth,throughout the construction process,eK more frequently as directed by the Town Planner. c) Hours of operation-during construction are limited from 8 a.m.to 5 p.m.;Monday through Saturday. 6) Prior to any lots being released from the statutory covenants: a) 1 ruee.(3)complete copies of the erdorsrd and recorded subdivision plans and one(i)1-'eifed copy of the following documents: recorded subdivision approval, recorded Covenant(FORM I), and recorded FOO-Uvl M must be submitted to the Town Planner as proof of recording. b) i ie applicant must submit a lot release FOR"ri 0'to the Planning Board for signature. c) A PerfcT ante Guarantee in an arno:::.t to be dete—Lned by the Planning Bort:d, shall be posted to ensure completion of the work is a,:,eordance with the Plans approved as part of this conditional approval. The bond must be in the few-m. acceptable io the North Andover Planning Board. Iiems covered by the Ev,ad 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 VI sue screening and street trees vi) drainage facilities vii) site restoration viii final site cleanup Page 3 of 7 Autuimn Chase DeSnitive Subdivision Conditional Approval d) The Plarming Board has determined that due to the size, scale and complexity of this project,outside inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cost, in accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations. As such, the applicant shall request an estimate of the inspectional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account with the Planning Department, which will be utilized to pay for these required inspectional services. The applicant shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) 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 improvements required under a NACC order of condition, vi) Any grading called for on the lot, vii) All required zoning setbacks, viii)Locatior,of any drainage,utility and other easements. c) All appropriate erosion control measdres for the lot shall be in place. The Planning Board or Staff shall make f Tial dda-rnination of appropriate measures. d) Lot numbers,v«ible from the roadways Must be posted on all lots. e) An as-built plan must be submitted to the Division of Public Works and v-IB for reviev, and approval prior to acceptance of the server appurtenances fnr u,c. i The;—.a..:,vay must be constructed to at least bind,--, coat of pavement to pro;ehy access i., lot in n:,uestion. Nor to construction of the hinder coat, u,a applicant sha>,t ensure t:Rat all required inspection and testing of water, sewer, and drainage facilities .as been completed. The applicant must submit to the Town Planner and the D.--i .rtment of Public Works an interim as-built,certified by a professional engince.verifying that all utilities have been instal 1ed in accordance with tr,F plans and pro1.5lc sheet. The interim as-built oian shall be-mepared in accordance with the defuritiorn listed in Section 1.3.3 of the Torr, of North Andover Subdivision Regulatiol-Is and Section 5.14 of the Town of-North Andover Subdiv:si^ Regulations. g) Any driveway permits required for the new lots must be secured and all fees paid for from the Department of Public Works, along with necessary sewer connection, water connection, and sewer mitigation permits.Proof of the secured driveway permits and payment of water and sewer fees shall be provided to the Planing Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: Page 4 of 7 Autumn Chase Definitive Subdivision Conditional Approval i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,,and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Pianning Department. c) Permanent-house numbers must be posted on dwellings and be visible zm the road d) 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 ow.nc's expense if such driveway is at a catch basin=or stone bound position. e) If a sidewalk is to be constructed in front of the lot,the applicant scall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed. Any and alt street trees requircd to be planted in front of the lot shall be planted.The applicant shall submit an as-built plot plan to the Town Planner certifying that the street trees have been planted. q) Prior to the final reh-we of security retained for the site by the Town,the following shall be completed by the applicant: a_ An as-built plan and profile of the site shall be submitted to the DPW and Planning Departrpent for review and approval, i;, accordance with Section. 5.14 of the Tov,—.. of worth Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptarKe of the street in accordance with Section 5.11 of the Town of North Andavc Subdivision Rules and Remilations. Priv to submitting ,.�..,. �n. a warrant for such pe<itiopetitionappli,,,,.,nt shall review the subdivision and all remairirg work with the Town Planner and Department of Public .:'orks. The Planning Board shall hold a pw on of the subdivision bend for continued <«nintenance and mations until sucil fifrie as Town Meeting 1'0s accepted (or rejected in favor of private .ownership) the roadways. It shall be tf:c developer's responsibility to insure that all proper easernents have been recorded at the Registry of Deeds and copies provided to the Nath Andover Planning Department. 10) The Applicant shall ensure that all Planning Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction is in strict compliance with all approved plans and conditions. 11) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision Conditional Approval 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. 12) The:a shall be no burying or dumping of construction material on site. 13) 'lie 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) T`ue utilities must be installed and the streets or ways constricted to binder.coat two yov rs from this approval. 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 17) Tree cutting shall be kept to a minimum throughout the project to minimize-erosion and preserve the natural features of the site. If any see cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6)of the.Zoning Bylaw. 18) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Maris ,chusetts, November 2000, amended December 2002, have been GRAMFED by the Planning Board. These waivers have been granted as the Planning Board has determined that the construction of the propose„eoadvay should retain the nmol character of the neighborhoods surrounding 4 specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize the impact to the su rounding slopes and wedapds,and abutti le,properties- a) Waiver from Section 5A.4.3a-c Public Service impact on Fire, Schools and Police has bow granted. iris waiver is granted due to,the fact.'Uhai the applicant has subn-�Kfed plans to the above departments and Provided them ample oppormnity to oorr.,«ent on the proposed impact the subdivision may have on their respective departments. b) Waiver from. Section 6.8.1,roadway width -has been gcantPd. This will allow for a 24-loot roadway •4dth vs.the required 26-toot roadway widtu. c) Waiver uom Section 6.8.1, cul-de-sac maximum iength has been panted. This will allow for a 817'(+/-) foot cul-de-sac vs. the maximum length of 600'. Due to the provision of residential fire sprinMers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. 19) This Definitive Subdivision Plan approval is based upon Cie following information incorporated into thi$ decision by reference: Plan titled: Definitive Subdivision and Special Permit Plan Autumn Chase in North Andover,MA Page 6 of 7 Autumn Chase Definitive Subdivision Conditional Approval Prepared For: Chestnut Realty Development, LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 1,2004,revised:April 5,2005 Sheets: I through 17 Scale: I 27=40' Study titled: Project Report on Drainage&Sedimentation Control Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 14,2004,revised:March 8,2005 Plan Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: Huntress Associates, Inc. 17 Tewksbury Street Andover,MA 01810 Dated: March 21,2005 Sheets: i through 3 Sade: 1"=40' Repri`t titled: Traffic Impact&Access Study Prepared for: Chestnut Development,LLC Prepared By: Dermot J_ Kelly Associates,Inc. 280 Main Street, Suite 2"4 North-Reading, MA 01864 Page 7 of 7 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 — Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: t.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Christina Minicucci Chestnut Development, LLC use the return a.First Name b.Last Name c.Company key. 231 Sutton Street Suite 1 B d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Emily & Lorraine Kozdras a. First Name b.Last Name c.Company 130 Summer Street d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 5. Project Location: Molly Towne Road North Andover a.Street Address b.City/Town Map 38& Map 65 Parcels 41, 24&33 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 1857 252 c. Book d.Page 1/14/05 41 V/05 7. Dates: a.Date Notice of Intent Filed b.Date Pliblif,Hearing Closed c.Date of Iss ante a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): J1_� Autumn Chase — Ass a. Plan Title Merrimack Engineering Services, Inc. Stephen E. Stapinski, P. E. b. Prepared By c.Siqned and Stamped by _ftk a-7, aoos 1 " r- d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $ 3,050.00 a.Total Fee Paid b.State fee Paid c.City/Town Fee Paid wpaform5.doc• rev.2/2/05 Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc rev.212105 Page 2 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c.4131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic-feet d.cubic feet e.cubic feet f.cubic feet a. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet Sq ft between 100-200 ft e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d,c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.2/2/05 Page 3 of 9 / Y Massachusetts Department of Environmental Protection DEP File Number: - Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 2421296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, Including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes,refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1296 " wpaform5.doc• rev.2/2/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.2/2/05 Page 5 of 9 y L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. s. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See Attached conditions, select box to attach a text document Page 6 of 9 wpaform5.doc- rev.2/2/05 y DEP FILE#242 - 1296 Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent, the conditions shall control GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights except those specifically stated in condition 20 herein. However, the NACC,agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 1 NACC 6/22/05 DEP FILE #242 - 1296 25. This Order of Conditions is issued under File No.242-1296. 26. The conditions of this decision shall apply to,and be binding upon,the applicant,owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes:the construction of two single family homes (lots 15 &16) with associated grading,utilities,appurtenances (sewer/water), stormwater management structures (on Parcel A and Lots 12,13 &14),portions of a cul-de-sac roadway,and 4,542 s.f. of wetland replication activities located within the buffer zone to a bordering vegetated wetland and two isolated vegetated wetlands jurisdictional under the local bylaw only. Proposed work is associated with a 16-lot subdivision Planned Residential Development (PRD) with associated usable Open Space(10 acres) located outside of the Buffer Zone. 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Chestnut Realty Development,LLC. (Applicant) 231 Sutton Street P.O. Box 907 North Andover, MA 01845 Dated January 14,2005 Prepared by: West Environmental 122 Mast Road,Suite 6 Lee,NH 03824 Merrimack Engineering Services 66 Park Street Andover,MA 01810 Site Plans prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Entitled,"Autumn Chase- A Single Family Subdivision" Sheets 1-17, dated December 1,2004 with revisions made through June 7,2005. Stamped &Signed by Stephen E. Sta inski,R.L.S. &Daniel Koravos, P.E. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 2 NACC 6/22/05 DEP FILE #242 - 1296 Other Reports, Plans & Documents: Report entitled,"Project Report on Drainage &Sedimentation Control",dated December 14,2004, Revised through May 4, 2005,prepared by Merrimack Engineering,Services, Inc.; Report includes Stormwater Operation and Maintenance Procedures (Section 6.5); Plans entitled "Pre-Development Drainage Area Map" &"Post- Development Drainage Area Map",dated December 13,2004, Revised 3/8/05 prepared by Merrimack Engineering Services, Inc.; Autumn Chase- "Soil Logs,Earthwork Calculations- Lot Calculations", dated December 16,2004; Review letter prepared by Lisa Eggleston, Eggleston Environmental dated May 2,2005; Response letter prepared by Stephen E. Stapinski,PLS, Merrimack Engineering dated May 4,2005; Review letter prepared by Lisa Eggleston,Eggleston Environmental dated May 17,2005; Wetland Replication Plan in Memorandum form prepared by West Environmental dated June 6,2005; E-mail from Jack Devlin dated January 14,2005; E-mail from Heidi Griffin dated January 14,2005; Letter from Robert Levy of Eckert Seamans dated January 11, 2005; Letter from James Demotses of Martins &Demotses,LLP dated March 14,2005. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVN) and Isolated Vegetated Wetland (IVV17). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 3 NACC 6/22/05 DEP FILE #242 - 1296 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot(25)No Disturbance Zone and a fifty-foot (50') No Construction Zone shall be established from the edge of the adjacent wetland resource area except for a portion of the roadway as shown on the approved site plans referenced herein. This will impact approximately 2,271 s.f of the 25 foot No- Disturbance zone. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. The NACC hereby grants the applicant a waiver for a portion of the roadway within the regulated 25' No Disturbance Zone of an isolated wetland resource area,which will impact approximately 2,271 s.f. The applicant is limited to the use of the proposed layout of Molly Towne Road,which closely follows the existing gravel Molly Towne roadway. Specifically,the applicant has shifted the proposed paved roadway to the greatest extent practicable away from the resource area. Also,by shifting the roadway away from the resource area,the applicant proposed to abandon the existing gravel roadway and convert it to higher quality buffer zone. However,the NACC continued to identify specific concern that snow plowing/stockpiling would have repetitive,permanent,and significant impacts to this isolated resource area. Given that the applicant is proposing to exercise great care in avoidance,minimization,mitigation to this impact,the NACC hereby requires a 2:1 wetland replication area to be constructed connecting to the second isolated wetland resource area at wetland flags 165 through 167 and as shown on the approved plan referenced and dated herein. 34.The NACC finds the applicant's proposal for 4,542 s.q.ft. of wetland replication to be adequate. The replication areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section 8.3 (p.37) of the local Regulations for performance standards). Wetland Replication activities shall be conducted in accordance with the approved Replication plan and report referenced and dated herein. 35. A qualified wetland scientist or botanist shall monitor the replication area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection,a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist,and submitted to the North Andover Conservation Commission(NACC). A total of FOUR separate monitoring reports for the replication area shall be submitted over a two-year period. If at the end of the second growing season,overall success of replication activities is not achieved,the NACC reserves the rights to require additional mitigation measures. 36. This document shall be included in all construction contracts, subcontracts, and: specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors,and other personnel performing the permitting work are fully aware of the permits terms and C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 4 NACC 6/22/05 DEP FILE #242 - 1296 conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 37. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 38. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage PRIOR TO CONSTRUCTION 39. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 40. This Order of Conditions includes an operations and maintenance (O&M)plan that was proposed by the applicant and approved by the NACC. Under the approved O&M plan frequent access (foot traffic as well as large equipment)must be granted to the stormwater management areas located to the rear of Lots 8,9, 10, 12,13, and 14. Said access must be allowed by virtue of permanent drainage easement(s). a) The applicant has shown a "Proposed Drainage Easement" located upon PARCEL A and extending upon some 300 feet across the rear of Lots 6,7, and 8. This easement is twenty feet wide and is generally proposed to be planted lawn with the exception of a 12' by 20' area (adjacent to the street),which proposes a 12" thick gravel layer beneath the lawn turf. Given the remote route of access proposed by the easement, and the fact that a more direct access route is available and viable,and the fact that frequent inspections and maintenance is necessary by virtue of the applicant's propose O&M Plan,the NACC finds that the proposed drainage access easement is inadequate with regard to location and design specification. Therefore,the applicant shall not undertake any construction activity until such time as the applicant submits to the NACC for approval an alternative drainage easement (located between Lots 8 and 9) that will provide direct,and serviceable access to the stormwater management area so that the approved O&M Plan can be successfully carried out. Said easement shall include a detailed construction specification that will allow vehicular (small and large trucks, and mechanized equipment) access to the stormwater management area upon a durable surface that resists repetitive damage such as that which is likely to be inflicted by wheeled and tracked vehicles upon a grassed lawn or garden area. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 5 NACC 6/22/05 DEP FILE #242 - 1296 b) The applicant has shown a "Proposed Drainage Easement" located upon Lots 14, and 15. This easement is twenty feet wide and is generally proposed to be planted lawn with the exception of a 12' by 20' area (adjacent to the street),which proposes a 12" thick gravel layer beneath the lawn turf. Given the fact that frequent inspections and maintenance is necessary by virtue of the applicant's propose O&M Plan,the NACC finds that the proposed drainage access easement is inadequate with regard to design specification. Therefore,the applicant shall not undertake any construction activity until such time as the applicant submits to the NACC for approval an alternative drainage easement construction design specification that will provide direct, and serviceable access to the stormwater management area so that the approved O&M Plan can be successfully carried out. Said detailed construction specification will allow vehicular (small and large trucks, and mechanized equipment) access to the stormwater management area upon a durable surface that resists repetitive damage such as that which is likely to be inflicted by wheeled and tracked vehicles upon a grassed lawn or garden area 41.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 42. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "MassachusettsDEP,File Number 242-1296." 43. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts.If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction.No work shall begin on a project until written approval has been granted by the NACC. 44. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 6 NACC 6/22/05 DEP FILE #242 - 1296 45. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including,but not limited to, the installation of temporary and permanent erosion control devices, installation of the stormwater drainage structures to be completed before other work begins on site, and housing development. 46. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 47. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved referenced herein, except between the replication area and the resource area where trenched silt fence ONLY shall be installed in locations as directed by the Erosion Control Monitor or the Conservation Administrator. In addition,the erosion controls a depicted on the approved plans shall be extended along the existing tree line behind lot 11 so that they connect to the proposed erosion controls behind lot 12. The erosion control barrier shall be inspected and approved by the NACC prior to the start of construction, and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. 48. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 50. A check payable to the Town of North Andover shall be provided in the amount of$21,000 PY ($3,000/lot-$6000, drainage &stormwater structures-$2,000,replication activities-$13,000), ,",ich shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 7 NACC 6/22/05 DEP FILE#242 - 1296 Counsel, and shall be released after completion of the project,provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 51. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 52. Prior to the commencement of any work on site,the corners of the foundations shall be staked in the field by a Registered Land Surveyor(R.L.S.),which shall be verified by Conservation Staff during the Pre-Construction meeting. 53. Prior to the commencement of any work on site,the applicant shall submit the final Streetscape & Buffer and Easement plans to the Conservation Department for review and approval. 54. The applicant shall designate a Professional Wetland Scientist as the project's"Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department,on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least ONCE during each week, in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized the applicant shall submit a written report from the EMC to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved' setbacks are being adhered to. Weekly Monitoring reports are not required for any non- jurisdictional work unrelated to the activities as defined and approved under this Order. The EMC must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 55. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" with forty seven (47) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC and shall be installed at locations determined by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. C:\WinwordlOOC\AutumnChase(Mol]yTowneRd).doc 8 NACC 6/22/05 DEP FILE#242 - 1296 56. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any Portion of said land to another party, to said Orders f Conditions,dit s the "Compliance Certification Form Affidavit"attached via "Appendix A"signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction._ . 57. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held Jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). DURING CONSTRUCTION 58. Accepted engineering and Best Management Practices (BMPs)for construction standards shall be followed in the conduct of all work. 59. A crushed stone construction entrance shall be designated for each lot to minimize soil/material tracking in accordance with the standards and specifications set forth in the approved Project Report on Drainage &Sedimentation Control referenced herein(section 6, page 12). This entrance shall be maintained and reinforced as necessary. 60. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 61. Upon beginning work, the applicant shall submit written progress report every month detailing what work has been done in or near resource areas,and anticipated work to be completed over the next period. This will update the construction sequence. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 9 NACC 6/22/05 DEP FILE#242 - 1296 62. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. 63. The Erosion Control Monitor shall be on-site during the pouring of the dwelling foundations. 64. The Erosion Control Monitor shall be on site during wetland replication activities. 65. IMPORTANT: Immediately upon completion of each dwelling foundation, and prior to further construction activities associated with each lot, the applicant shall submit an interim as- built plan for each individual jurisdictional lot to the Conservation Department for review. This As-built plan shall be prepared by a Registered Land Surveyor of the Commonwealth (R.L.S.), showing at a minimum the foundation location, sub-grading,drainage system(s), recharge area(s) with seasonal high groundwater elevations, limits of work and it's proximity to wetland resource areas as approved under this Order of Conditions. 66. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 67. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the'oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 68. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 69. De-watering activities anticipated shall be supervised and witnessed by the designated Erosion Control Monitor (ECM). This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling tank or basin, to reduce turbidity prior to discharge into a resource area. 70. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. 71. There shall be no stockpiling of soil or other materials within twenty-five 25 feet of an P g tY ( ) Y resource area. C:\Winword\OOC\AutumnChase(MollyTowneRd).doe 10 NACC 6/22/05 DEP FILE#242 - 1296 72. The roadways shall be swept at least once per week or as directed by the Erosion Control monitor,the Site Supervisor,Project Manager,or the Conservation staff for as long as the site remains exposed and unstabilized. 73.A permanent fieldstone wall shall be constructed upslope of the 25' No Disturbance Zone on Lot 15 and portions of Lot 16 as shown on the approved plan referenced herein. In addition a 48" high post and rail fence shall be installed on lot 16 in the location as depicted on the approved plan referenced herein. 74. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction,any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 75. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or biodegradable matting. 76. Equipment shall not be staged overnight within 50-feet of a wetland resource area. 77. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. 78. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 79. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one(1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. STORMWATER MANAGEMENT CONDITIONS 80. All construction and post-construction stormwater management structures shall be maintained and monitored in accordance with the approved Operation and Maintenance C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 1 l NACC 6/22/05 DEP FILE #242 - 1296 Procedures plan included as an attachment to this Order, approved site plans, the MA Stormwater Management Policy, and as approved by the NACC. 81. All drainage structures shall be properly installed and functional. During construction,all drainage structures shall be maintained,as outlined in the Erosion Control and Maintenance Plan as referenced and attached herein. 82. Construction of the stormwater detention basins shall be constructed and functioning as part of the initial project phase,immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 83. The two detention basins shall be designed &constructed in accordance with the approved revised plans referenced herein. In addition,trash rack protection devises shall be installed at the v-notch weir outlets also in accordance with the approved plan details. 84. Roof drain cisterns shall be installed on each lot for additional subsurface infiltration in accordance with the approved plan details. 85. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six(6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 86. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the above-mentioned Erosion Control and Maintenance Plan, and as incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 87. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 88. Water quality of the adjacent Bordering Vegetated Wetland (BVW) and intermittent stream shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 89. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order,even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 12 NACC 6/22/05 r DEP FILE #242 - 1296 Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. This condition will remain in perpetuity. 90 All roof runoff shall bedirected to the infiltrators to provide recharge, s shown on the approved plans referenced herein. 91. The applicants, owners, and their successors and assignees,shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas,and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. This condition will remain in perpetuity. 92. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the Operation &Maintenance Procedures Plan and the associated stormwater management conditions referenced and attached herein. Ji AFTER CONSTRUCTION 93. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 94. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. Only organic fertilizers may be used. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towri s Wetland Protection Bylaw and shall remain in perpetuity. 95.Two (2) Permanent signs designating"No-Salt Zone" and"No-Snow Stockpiling Zones" shall be displayed at the cul-de-sac roadway (3 and 5 o'clock locations) and are subject to review and subsequent approval by the NACC or Agent thereof. 96.No less than 40 Open Space markers shall be purchased by the applicant from Quality Name Plate, Inc. or other equivalent manufacturer. Said markers shall be installed evenly throughout the designated Open space areas as directed by the Erosion Control Monitor and/or the Conservation Agent. Information regarding the purchasing from Quality Name Plate,Inc. can be obtained by contacting the Conservation Department. 97.Prior to the issuance of the Certificate of Compliance,the applicant shall submit to the Conservation Department an Affidavit from the Department of Public Works acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 13 NACC 6/22/05 DEP FILE #242 - 1296 accordance with the approved Operation &Maintenance Plan referenced and attached herein. This affidavit must be submitted prior to Town street acceptance at Town Meeting. 98. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards.ds. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved: 99. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 100. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. This certification statement shall include verification that the stormwater management system functions as designed. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage& stormwater management structures constructed within 100 feet of any wetland resource area. Plans shall also detail information sufficient to define the geometry of the basins and systems, including the applicable seasonal high groundwater elevations. The plans shall be accompanied by as-built volumetric calculations (pre vs. post construction) NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 14 NACC 6/22/05 DEP FILE #242 - 1296 ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems, additions,fences, sheds,stonewalls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a-nX disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 101. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); ➢ Discharge or spillage of pollutants (Condition#79); ➢ Maintenance of catch basins (Condition#89); ➢ Maintenance of all culverts,collections basins, traps, outlet structures,subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover,in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition#91); ➢ The attached"Erosion Control and Maintenance Procedures" Plan prepared by Merrimack Engineering Services, Inc. (Section 6.5). No additional filings will be required to conduct maintenance of the above referenced system and plan. ➢ Prohibition of underground fuels (Condition #93); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition# 94). C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 15 NACC 6/22/05 DEP FILE #242 - 1296 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,2C (Authorized agent of applicant or owner) C:\Winword\OOC\AutumnChase(MollyTowneRd).doc 16 NACC 6/22/05 C.04 MOLLY O Y TOWNE ROAD. NORTH ANDOVER, MASSACHUSETTS Q SECTION 6.5 ➢ OPERATION AND MAINTENANCE PROCEDURES DETENTION BASINS Detention basins shall be inspected at least once per year to ensure that the basins are operating as intended. Inspections conducted at intervals during and after the storm will help to determine if the basin is meeting the expected detention times. The outlet structure shall be inspected for evidence of clogging or outflow release velocities that are greater than design flow. Potential problems that shall be checked include: subsidence, erosion, cracking or tree growth on the embankment; damage to the emergency spillway; sediment accumulation around the outlet; inadequacy of the inlettoutlet channel erosion control measures; changes in the condition of the pilot channel; and erosion within the basin and banks. Any necessary repairs shall be made immediately. During inspections, changes to the detention basin or the contributing watershed shall be noted, as these may affect basin performance. The upper-stage, side slopes, embankment, and emergency spillway shall be mowed at least twice per year. Trash and debris shalt also be removed at this time. Sediment shall be removed from the basin as necessary, and at least once every 10 years. Providing for an on-site sediment disposal area will reduce the overall sediment removal costs. MAINTENANCE CRITERIA • *Detention basins shall be inspected at least once per year to ensure that the basin is operating as intended. Inspections shall be conducted during wet weather to determine if the basin is meeting the targeted detention times. • *At least twice during the growing season the upper-stage, side slopes, embankment, and emergency spillway shall be mowed, and accumulated trash and debris removed. • *Sediment shall be removed from the basin as necessary, and at least once every 10 years. MERRIMACK ENGINEERING SERVICES,INC. Section 6-Page 7 Printed: May 4,2005 J MOLLY TOWNE ROAD NORTH ANDOVER, MASSACHUSETTS DEEP SUMP CATCH BASINS The actual removal of sediments and associated pollutants and trash occurs only when inlets or sumps are cleaned out, therefore, regular maintenance is required. Most studies have linked the failure of inlets to the lack of regular maintenance. The more frequent the cleaning, the less likely sediments will be re- suspended and subsequently discharged. In addition, frequent cleaning also results in more volume available for future storms and enhances the overall performance. Ideally, in areas of high sediment loading, inlets shall be inspected, and cleaned, after every major storm event. At a minimum, water quality inlets and deep sumps shall be cleaned four times per year (although one study found maximum benefits from monthly cleaning), and inspected monthly. Disposal of the accumulated sediment and hydrocarbons must be in accordance with applicable local, state, and federal guidelines and regulations. MAINTENANCE CRITERIA • Inlets shall be cleaned a minimum of four times per year and inspected monthly. • All sediments and hydrocarbons shall be properly handled and disposed, in accordance with local, state and federal guidelines and regulations. MERRIMACK ENGINEERING SERVICES,INC. Section 6-Page 8 Printed: May 4,2005 r MOLLY TOwNE ROAD NORTH ANDOVER, MASSACHUSETTS SEDIMENT FOREBAYS The actual removal of sediments and associated pollutants occurs only when sediment traps and forebays are cleaned; therefore, regular maintenance is required. Frequent removal, of accumulated sediments will make it less likely that sediments will be re-suspended. At a minimum, sediment traps shall be cleaned four times per year and inspected monthly. MAINTENANCE CRITERIA • Traps shall be cleaned four times per year and inspected monthly. • All sediments and hydrocarbons shall be handled properly and disposed in accordance with local, state and federal guidelines and regulations. MERRIMACK ENGINEERING SERVICES,INC. Section 6-Page 9 Printed: May 4,2005 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special b a? condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Iss ante Please indicate the number of members who will sign this form: y This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property o er, i ifferent from applicant. Signatures: /7 / f Notary Acknowledgement Commonwealth of Massachusetts County of Essex North ' u ne. aw S Day On this $ of Month Year Before me, the undersigned Notary Public, Scm Morse_ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown DONNA K WEDGE NOTARY PUBLIC 27 COUN10101IEA IN OFMASSACKSM Si ature of Notary Public My Com.E*mAup.T,2009 r in✓1,n Printed NairW of " Notary Publ ic k / ado9Place notary seal and/or any stamp above My C minis on E 'r s(Date) This Order is issued to the applicant as follows: (ti by hand delivery on ❑ by certified mail, return receipt requested,on aal©s Date Date wpaform5.doc• rev.2/2/05 Page 7 of 9 � s Massachusetts Department of Environmental Protection I � Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act M.G.L. c 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G,Recording Information is available on the following page. wpaform5.doc• rev.2005 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1296 Massachusetts Wetlands Protection Act1 MGL. c 13 40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1296 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc- rev.212/05 Page 9 of 9 A NORTH Ot4t�ae a'�'60 4 �sswc�ri'� Town of North Andover F- Town Planner Ogee of the Pluming Department Lincoln Daley Community Development and Services Division 400 Osgood Street Nath Andover,Massachusetts 01845 �y _ -�r rn hypJ c/www.Wwno�orthandover. om �v_ '``�r (978)688-9535 =cam- -D --' 'moo NOTICE OF DECISION 0 Any appeal shall be filed Date: April 22,2005 -1? within twenty(20)days after Hearing Dates:January 18, 2005 d ru the date of filing this Notice April 19,2005 in the Office of the Town Clerk. Petition of. Chestnut Development LLC,231 Sutton Street, North Andover,MA 01845 Premises Affected: Autumn Chase("Molly Towne Road"), Summer Street,North Andover. Referring to the above petition for a Special Permit for a Definitive Subdivision,known as Autumn Chase ("Molly Towne Road"). The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L.c.41 (the"Subdivision Control Law"). So as to allow: For the approval and construction of a development of a definitive subdivision consisting of 16 single-family residences and approximately ten(10)acres of Usable Open Space within the Residential 2(R-2)Zoning District. At a public hearing given on the said date;above,the Planning Board voted unanimously(4-0)to APPROVE a Definitive Subdivision Special Permit for the Autumn Chase 16 single-family residential subdivision based and open space in accordance with the following conditions: Si Lincoln i. Daley,T wn Planner cc: Applicant Engineer Alberto Angles,Chairman Abutters John Simons DPW Richard Nardelta Building Department George White Conservation Department James Phinney ZBA Health Department BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 K ANNING 688-9535 t ` Autumn Chase Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a new sixteen(16)lot subdivision for 16 single-family homes, known as Autumn Chase. Chestnut Development, LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on Summer Street and is located in the Residential Two(R-2)Zoning District. The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The approved Definitive Plan, dated December 1, 2004, revised April 4, 2005, satisfies all requirements of the Planning Board Rules and Regulations regarding the subdivision of land The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VHB, and has been found to be acceptable in that it provides adequate access. Furthermore,the applicant submitted a traffic impact and access memorandum that was also found to be acceptable C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a maximum buildout of 16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer Street. D. The approved Definitive Plan reduces danger to life and limb in the operation of motor vehicles. Again, conventional development of this subdivision plan would allow a maximum buildout of 16 new lots, including ANR lots along Summer Street. These ANR lots would create additional driveways entering and exiting Summer Street,creating unnecessary pedestrian and vehicle conflicts. E. The approved Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway and driveway will provide ample access to the homes during emergency situations. F. The approved Definitive Plan complies with the Town of North Andover Zoning By-law. G. The approved Definitive Plan secures adequate provisions for water, sewerage, drainages underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by the appropriate public safety agencies and has been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. I. The Definitive Plan conforms to the design and construction standards described in the Rules and Regulations and in the attached Appendices with the exceptions of waivers granted in Condition#17. J. The Definitive Plan conforms with all applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements and Approves the subdivision subject to following conditions: Autumn Chase Definitive Subdivision Conditional Approval 1) Environmental Monitor. The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' 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 areas of non-compliance, if any,and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (DORM n 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 required in Condition 5(c). b) The applicant must submit to the Town Planner a DORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure flat the plans conform to the Board's recorded decision. A fall set of final plias rem any required changes outlined in VE B's report dated April 1, 2005 must be submitted to the Town Planner for review prior to endorsement by the Planning Board. These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. e) The Subdivision Decision for this project must appear on the mylars. f) A Phased Development Schedule must be submitted for signatin a by the Planning Board, which conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) All documents shall be prepared at the expense of the appticaK as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. h) Final water service and water pump designs must be approved by the Division of Public Works prior the Planning Board's endorsement of the record plans. A memorandum Rom the Division of Public works confirming these plans have been approved must be provided to the Planning Department. Page 2 of 7 Autumn Chase Definitive Subdivision Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape must be placed along the limit of clearing and goading as shown on the plan. b) 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. c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule with the Nath Andover Police Department and submit a final schedule to the Planning Boardprior to construction commencing. 4) Prior to Construction on Site: a), Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Trooughout and Durr Construction: a) Dust mitigation(such as dewatering,)and roadway cleaning must be performed weekly,or as deemed necessary by the Town Planner,throughout the construction process. b) Street sweeping must be performed,at least once per month,throughout the construction process,or more frequently as directed by the Town Planner. c) Hours of operation during construction are limited frorn 8 a.m.to 5 p.m.,Monday through Saturday. 6) Prior to any lots being released from the statutory covenants: 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 I), and recorded FORM M must be submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning Board, 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 acceptable to the North Andover Planning Board. 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)fmal site cleanup Page 3 of 7 Autumn Chase Definitive Subdivision Conditional Approval d) The Planning Board has determined that due to the size,sole and complexity of this project,outside inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cost, in accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations.As such, the applicant shall request an estimate of the inspectional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost.The applicant shall thea deposit that amount of fiords in an account with the Planning DepartmeK which will be utilized to pay for these required inspectional services. The applicant shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) A plot plan for the lot in question must be submitted,which includes all of the following: i) Location of the Aruchne6 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 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. c) All appropriate erosion control yes for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all W. e) An as-built plan must be submitted to the Division of Public Works and VHB for review and approval prior to acceptance of the sewer appurtenances for use. f) 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 coO4 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 and the Department of Public Works an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile shed. The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town ofNorth Andover Subdivision Regulations. g) Any driveway permits required for the new pots must be secured and all fees paid for from the Department of Public Works, along with necessary sewer cormedion, water connection, and sewer mitigation permits.Proof of the secured driveway permits and payment of water and sewer fees shall be provided to the Planning Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department. Page 4 of 7 Autumn Chase Definitive Subdivision Conditional Approval i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant,t, The applicant must then provide this certification to the North Andover Planning Department. c) Permanent house numbers must be posted on dwellings and be visible from the road. d) 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. e) If a sidewalk is to be constructed in front of the lot,the applicant shall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed f) Any and all street trees required to be planted in front of the lot shall be planted.The applicant shall submit an as-buik plot plan to the Town Planner citifying that the street trees have been planted. 9) Prior to the final release of security retained for the site by the Town,the following shall be completed by the applicant: a. An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. 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 Woks. The Planning Board shall hold a potion 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 and copies provided to the North Andover Planning Department. 10) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of Public Woks requirements are satisfied and that construction is in strict compliance with all approved plans and conditions. 11) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision Conditional Approval 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. 12) There shall be no burying or dumping of construction material on site. 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 utilities must be installed and the streets or ways constructed to binder cont two years from this approval. 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 17) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6)of the Zoning Bylaw. 18) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, November 2000, amended December 2002, have been GRANTED by the Planning Board These waivers have been granted as the Planning Board has determined that the construction of the proposed roadway should retain the rural character of the neighborhoods surrounding it, specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize the impact to the surrounding slopes and wetlands,and abutting properties. a) Waiver from Section 5.4.4.3a-c Public Service Impact on Fire,Schools and Police las been granted. This waiver is granted due to the fact that the applicant has submitted plans to the above departments and provided them ample opportunity to comment on the proposed impact the subdivision may have on their respective departments. b) Waiver from Section 6.8.1,roadway width has been granted. This will allow for a 24-foot roadway width vs.the required 26-foot roadway width. c) Waiver from Section 6.8.1, cul-do-sac maximum length has been granted. This will allow for a 817'(+/-) foot cul-de-sac vs. the maximum length of 600'. Due to the provision of residential fire sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. 19) This Definitive Subdivision Plan approval is based upon the following information incorporated into this decision by reference: Plan tided: Definitive Subdivision and Special Permit Plan Autumn Chase in North Andover,MA Page 6 of 7 Autumn Chase Definitive Subdivision Conditional Approval Prepared For: Chestnut Realty Development LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 1,2004,revised April 5,2005 Shuts: 1 through 17 Scale: Study titled: Project Report on Drainage&Sedimentation Control Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 14,2004,revised:March 8,2005 Phu Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810 Dated: March 21,2005 Sheets: 1 through 3 Scale: 1"=40' Report titled: Traffic Impact&Access Study Prepared for: Chestnut Development,LLC Prepared By: Dermot J.Kelly Associates,Inc. 280 Main Street,Suite 204 North Reading,MA 01864 Page 7 of 7 1SS`Cate E3 rA Town of North Andover F- Town Planner Office of the Planning Department Lincoln Daleti Community Development and Services Division : 7 400 Osgood Street North Andover,Massachusetts 01845 an - k FYI r"n httpJ/www.townofnorthandover.com f%j (978)688-9535 v-7 o NOTICE OF DECISION C:) Any appeal shall be filed Date: April 22,2005 -- within twenty(20)days after Hearing Dates:January 18, 2005 thru the date of filing this Notice April 19,2005 in the Office of the Town Clerk. Petition of: Chestnut Development LLC,231 Sutton Street, North Andover,MA 01845 Premises Affected: Autumn Chase("Molly Towne Road-), Summer Street,North Andover. Referring to the above petition for a Special Permit for a Definitive Subdivision,known as Autumn Chase ("Molly Towne Road'). The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L.c.41 (the"Subdivision Control Law"). So as to allow: For the approval and construction of a development of a definitive subdivision consisting of 16 single-family residences and approximately ten(10)acres of Usable Open Space within the Residential 2(R.-2)Zoning District. At a public hearing given on the said date above,the Planning Board voted unanimously(4-0)to APPROVE a Definitive Subdivision Special Permit for the Autumn Chase 16 single-family residential subdivision based and open space in accordance with the following conditions: Si x �+ .Lincoln J. Daley, T wn Planner cc: Applicant Engineer Alberto Angles,Chairman Abutters John Simons DPW Richard Nardella Building Department George White Conservation Department James Phinney ZBA Health Department BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 . .t Autumn Chase Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a now sixteen(16)lot subdivision for 16 single-family homes, known as Autumn Chase. Chestnut Development, LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on Summer Street and is located in the Residential Two(R-2)Zoning District. The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The approved Definitive Plan, dated December 1, 2004, revised April 4, 2005, satisfies all requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VHB, and has been found to be acceptable in that it provides adequate access. Furthermore, the applicant submitted a traffic impact and access memorandum that was also found to be acceptable. C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a maximum buildout of 16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer Street. D. The approved Definitive Plan reduces danger to life and limb in the operation of motor vehicles. Again, conventional development of this subdivision plan would allow a maximum buildout of 16 new lots, including ANR lots along Summer Street. These ANR lots would create additional driveways entering and exiting Summer Street,creating unnecessary pedestrian and vehicle conflicts. E. The approved Definitive Plan secures safety in the case of fine, flood, panic and other emergencies. The new roadway and driveway will provide ample access to the homes during emergency situations. F. The approved Definitive Plan complies with the Town of North Andover Zoning By-law. G. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by the appropriate public safety agencies and 4w been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. 1. The Definitive Plan conforms to the design and construction standards described in the Rules and Regulations and in the attached Appendices with the exceptions of waivers granted in Condition#17. J. The Definitive Plan conforms with all applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements and Approves the subdivision subject to following conditions: , r Autumn Chase Definitive Subdivision Conditional Approval 1) Environmental Monitor. The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make wee inspections of the project and file month �y P� Prof IY reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non-compliance, if any,and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM n 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 required in Condition 5(c). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's recorded decision. A fall set of final plans reflecting any required changes outlined in VHB's report dated April 1, 2005 must be submitted to the Town Planner for review prior to endorsement by the Planning Board These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. e) The Subdivision Decision for this project must appear on the mylars. f) A Phased Development Schedule must be submitted for signature by the Planning Board, which conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) 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. h) Final water service and water pump designs must be approved by the Division of Public Works prior the Planning Board's endorsement of the record plans. A memorandum from the Division of Public works confirming these plans have been approved must be provided to the Planning Department. Page 2 of 7 Autumn Chase Definitive Subdivision Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. b) 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. c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Board prior to construction commencing. 4) Prior to Construction on Site: a) Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleaning must be performed weekly,or as deemed necessary by the Town Planner,throughout the construction process. b) Street sweeping must be performed,at least once per month,throughout the construction process,or more frequently as directed by the Town Planner. c) Hours of operation during construction are limited from 8 a.m.to 5 p.m.,Monday through Saturday. 6) Prior to any lots being released from the statutory covenants: 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 I), and recorded FORM M must be submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning Board, 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 acceptable to the North Andover Planning Board 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)fmal site cleanup Page 3 of 7 Autumn Chase Definitive Subdivision Conditional Approval d) The Planning Board has determined that due to the size,scale and complexity of this project,outside inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cost, in accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations. As such, the applicant shall request an estimate of the inspectional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account with the Planning Department, which will be utilized to pay for these required inspectional services. The applicant shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) 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 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. c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. e) An as-built plan must be submitted to the Division of Public Works and VHB for review and approval prior to acceptance of the sewer appurtenances for use. f) The roadway must be constructed to at least binder cost 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 watr, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town ofNorth Andover Subdivision Regulations. g) Any driveway permits required for the new lots must be secured and all fees paid for from the Department of Public Works, along with necessary sewer connection, water connection, and sewer mitigation permits.Proof of the secured driveway permits and payment of water and sewer fees shall be provided to the Planning Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: Page 4 of 7 Autumn Chase Definitive Subdivision Conditional Approval i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. c) Permanent house numbers must be posted on dwellings and be visible from the road. d) There shall be no driveways placed where stone bound monuments andlor etch 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. e) If a sidewalk is to be constructed in front of the lot,the applicant shall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed. f) Any and all stream trees required to be planted in front of the lot shall be planted. The applicant shall submit an as-built plot plan to the Town Planner certifying that the street trees have been planted. 9) Prior to the final release of security retained for the site by the Town,the following shall be completed by the applicant: a. An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. 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 Muting 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 and copies provided to the North Andover Planning Department. 10) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of Public Works requirements are satisfied and that construction is in strict compliance with all approved I plans and conditions. 11) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision Conditional Approval 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. 12) There shall be no burying or dumping of construction material on site. 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 utilities must be installed and the streets or ways constructed to binder coat two years from this approval. 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 17) Tree cutting shall be kept to a minimum throughout the project tominimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6)of the.Zoning Bylaw. 18) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, November 2000, amended December 2002, have been GRANTED by the Planning Board. These waivers have been granted as the Planning Board has determined that the construction of the proposed roadway should retain the rural character of the neighborhoods surrounding it, specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize the impact to the surrounding slopes and wetlands,and abutting properties. a) Waiver from Section 5.4.4.3a-c Public Service Impact on Fire,Schools and Police has been granted. This waiver is granted due to the fact that the applicant has submitted plans to the above departments and provided them ample opportunity to comment on the proposed impact the subdivision may have on their respective departments. b) Waiver from Section 6.8.1,roadway width has been granted. This will allow for a 24-foot roadway width vs.the required 26-foot roadway width. c) Waiver from Section 6.8.1, cul-de-sac maximum length has been granted. This will allow for a 817'(+/-) foot cul-do-sac vs. the maximum length of 600'. Due to the provision of residential fire sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. 19) This Definitive Subdivision Plan approval is based upon the following information incorporated into this decision by reference: Plan titled: Definitive Subdivision and Special Permit Plan Autumn Chase in North Andover,MA Page 6 of 7 Autumn Chase Definitive Subdivision Conditional Approval Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 1,2004,revised:April 5,2005 Sheets: I through 17 Scale: 1'x-40' Study titled: Project Report on Drainage&Sedimentation Control Molly Towne Road,Nath Andover,Massachusetts Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 14,2004,revised:March 8,2005 Plan Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810 Dated: March 21,2005 Sheets: I through 3 Scale: 1"=40' Report titled: Traffic Impact&Access Study Prepared for: Chestnut Development,LLC Prepared By: Dermot J.Kelly Associates,Inc. 280 Main Street,Suite 204 North Reading,MA 01864 i Page 7 of 7 ITC. Com, \ t µORTly 1 This is to certify that twenty(20)days have elapsed from date of decislw,filed o� without filing of an appeal. MOO Joyce A.Bradshaw Town Clerk SS^C�Stt h v Town of North Andover E F Town Planner Office of the Planning Department Lincoln Daley Community Development and Services Division 400 Osgood Street -- -= North Andover,Massachusetts 01845 ::0 ___ -r-.rn httpl/www.townofnorthandover.com r-) (978)688-9535 ' .=r- < NOTICE OF DECISION 0 Any appeal shall be fled Date: April 22, 2005 --? within twenty(20) days after Hearing Dates:January 18, 2005 thru the date of filing this Notice April 19,2005 in the Office of the Town Clerk- Petition lerkPetition of: Chestnut Development LLC,231 Sutton Street, North Andove.,MA 01845 Premises Afrected: Autuan Chase("?!dolly Towne Road"), Summer Street,11iorth-Andover. Reflarmg to the above petition for a Spacial Permit for a Definitive Subdivision, known as Autumn Chase ("Molly Towne Road"). 1-he application was determined to be contplete and was noticed and reviewed ui accordance with the procedures for review and approval in accordan-me with the Rules and Regulations Governing the Subdivision of Land and M.G.L.c.41 (the"Subdivision Control Law"). So as to allow: For the approval.and c Instruction of a development of a defmiti e SUbdi-vision consisti.<�g Of i 6 single-family residencies and approxium.-?te±_y ten(i 0)acres.of Usabic Open S}^rui.c. within the Residential 2(R-2)Zoning District. At a public hearing given on the said date above, the Planning Board voted unanimously(4-0)to APPROVE a Definitive Subdivision Special Pe►rnit for the Au-tumn Chase!6 single-famiry residential subdivision base' and open space in accordance with the following conditions: Signed wiz C— Lincoln J. Daley, Tdwn Planner cc: Applicant Engineer Alberto Angles,Chairman Abutters John Simons DPW Richard Nardella Building Department George White Conservation Department James Phinney ZBA Health Department BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNLNG 688-9535 Autumn Chase Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a new sixteen(16) lot subdivision for 16 single-family homes, known as Autumn Chase. Chestnut Development, LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on Summer Street and is located in the Residential Two(R-2)Zoning District. The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. Th. approved Definitive Plan, dated December 1, 2004, revised April 4, 2005, satisfies all requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Defmitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VHB, and has been found to be acceptable in that it provides adequate access. Furthermore, the applicant submitted a traffic impact and access memorandum that was also found to be acceptable. C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a maximum buildout of 16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer Street. D. The approved Defu:itive Plan reduces danger to life and limb in the operation of motor vehicles. Again, conventional development of this subdivision plan would allow a maximum buildout of 16 new lots, including ANR. lots along .Summer Street. These ANR lots would create additional driveways entering and exiting Sutnmer Street,creating umnecessary pedesirian and vehicle conflicts. E. The approved Defuutive Plan secures safety in the case of fire, flood, manic and other emergencies. The new roadway and driveway will provide ample access to the homes during emergency situations. F. The appre•red Def-mi tive Plan.om.^lies with&e Town..of North Andover L.^s'ng By-law. G. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage, urd..,ound utility services, fire, police and V her similar municipal ernsipment, and sireet lighting and other requirements where necessary in a subdivision. The Definitive Plan_ his been reviewed by the appropriate pub!ic safety agencies and-has been found tc,b::acceptable. H. The Definitive Plan coordinates the ways in reig_h^oring subdivisions. t. The Definitive Pian cord`I-i-ns to the design and conshuction siaouards described in the R•=fps and Regulations and in the attached App-c dices with the exceptions of waivers granted in Condition 417. J. The Definitive Plan conforms with al; applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements and approves the subdivision subject to following conditions: Autumn Chase Definitive Subdivision, Conditional Approval 1) Environmental Monitor. The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' 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 areas of non-compliance, if any, and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,040) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM 1) 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 required in Condition 5(c). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's recorded decision. A fa:l set of final plans reflecting any required changes outlined in VHB's report Oated April 1, '_00j must be sib-nutted to the Town Planner for review prior to endorsement by the Planning Board. These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. e) The Subdivision Decision for this project must aWe:r on the myla.*s. f) A Phaased Development Schedule must be se emitted for signature by the Planning Board, which conforms to Section 4.2 of the North Andover Zoning Bylaw.The schedule must show building permit eligibility by quarter for all lots. g) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and RegulafiD-s Governing the Subdivision of Lard. h) Final water service and water pump designs must be approved by Lie Divisi^n of Public Works prior the Planning Board's endorsement of the record plans. A memorandum from the Division of Public works confirming these clans have been approved must be provided to the Pt„iming Department. Page 2 of 7 Autumn Chase Definitive Subdivision Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape m�.�be placed along the limit of clearing and ceding as shown on the plan. b) 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. c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Board prior to construction commencing. 4) Prior to Construction on Site: a) Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleating must be performed weekly, or as deemed necessary by the Town Planner,throughout the const-nsction process. b) Street sweep i_*lg must be performed,at least once per month,throughout tue construction process,nr more frequently as directed by the Town Planner.• c) Hours of operation during construction are limited from 8 a.rr±_to 5 p.m.,Monday through Saturday. 6) Prior to any lots being released from the statutory covenants: a) T°ruee(3)complete copies of the endorsed and recorded su,"A;vision pians and one f i)certified copy of the following documents: recorded subdivision approval, recorded Covenant(FORM I), and recorded FOILM M must be.sub--itted to the Town Plan.ner as proof of refording. b) i-te applicant must submit a lot release FORM.J to the Pianning Board for signature. c) A PerfrxTnance Guarantee in an asr:atmt to be deter nned by the Planning BF,, .rd, shall be pcsred to easure completion of the work in acs txdance with the Plans approved as pat: of this conditional approval. The bond must be in the fnr*n acceptable io the North Andover Planing Board Iiems covered by the°c,«d may include, but shall not be limited to: i) as-built,drawings; ii) sewers and utilities Ili) roadway constriction and maintenance iv) lot and site erosion control V1 site screening and street trees vi) drainage facilities vii) site restoration viii)fural site cleanup Page 3 of 7 Autumn Chase Definitive Subdivision Conditional Approval d) The Planning Board has determined that due to the size, scale and complexity of this project,outside inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cost, in accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations. As such, the appliczrit shall request an estimate of the inspectional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account with the Planning Department, which will be utilized to pay for these required inspectional services. The applicant "shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) 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 improvements required under a NACC order of condition, vi) Any grading called for on the lob vii) All required zoning setbacks, viii)Locatior,of any drainage,utiiity and other easements. c) All appropriate erosion control m..gares for the lot shall be in place. The Planning Board or Staff shall make final de-termination of appropriate measures. M Lot numbers,vi--ible from the roadways must be posted on all lots. e) An as-built plan mmist be submitted to the Division of Public Works and v-lB for reviev; and approval prior u.,ac=tance of the-server appurtenances± use. jr) j c ;;,.;away must be constructed to at least binder coat of pavement to properly access the int In c;uestlon.. ^r:w to construction of the hinder coat, u c appilcant shall ensure that all ►-�yLJQ; inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as-built, certified by a profe`sional engirt..:,,,verifying that all utilities have been installed in accordance with two plans and pr oile sheeL The interim as-built plan shall be;prepared in aceerdance with the defulitioa listed in Section 1.3.3 of the Town of North Andover Subdivision Reguiatiowis and Section 5.14 of the Town of North Andover Subdiv:Si-^ Regulations. g) Any driveway permits required for the new lots must be secured and all fees paid for from the Departrnent of Public Works, along with necessary sewer connection, water connection, and sewer mitigation permits.Proof of the secured driveway permits and payment of water and sewer fees shall be provided to the Planing Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: Page 4 of 7 Autumn Chase Definitive Subdivision Conditional Approval i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the and hydraulic ulic calculations for each residential Fire D y North Andover Department. Plans system must also be supplied to the Building Department. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Pianning Department. c) Permanent.house numbers must be posted on dwellings and be visible,u:n the road. d) 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 ow;,u's expense if such driveway is at a catch basin or stone bound position. e) If a sidewalk is to be constructed in front of the lot,the applicant stall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed. f) Any and ail streettrees requires to be planted in from of the lot shall be plan+.ed.The applicant mall submit an as-built plot plan to the T own Planner certifying that the sheet trees have been planted. 9) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. An as-built pian and profile of the site shall be submitted to the DPW and Planning Department for review and approval, . accordance with Section 5.14 of the":o.:.. of North Andover Subdivision Rules and Regulai:ions. b. The applicant shall petition Town Meeting for public accept aP of the street in accordance with Section 5.11 of the Town of,North Andovc Subdivision Rules and Retplations. Prior to submitting a warrant for such petition the applic.^nt shall review the subdivision and all remaining work wilt,the Towit Planner and Department of Public `.`.'orl:s. The Planning Board shall hold a p:. .n of the subdivision bend for continued i„aintenance and mations until such zi,«e as Town Meeting tins accepted (or rejected in favor of private ownership) the roadways. It shall be tl:c developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds and copies provided rovided to the North Andover Planning Department. . � 'vision of p) The Applicant shall ensure that all Planning,Conservation Commission, Board or Hea.,h and Di Public Works requirements are satisfied and that construction is in strict compliance with all approved plans and conditions. 1 I) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision Conditional Approval a burning is allowed b it on after consultation with the Fire Department GPS g Y Perms IY 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_ 12) There shall be no burying or dumping of construction material on site. 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 futilities must be installed and the streets or ways constructed to bind—A coat. two Y m s from this approval. 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 17) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. It any sue cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6)of the.Zoning Bylaw. 18) The following waivers Gorn-the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, November 2000, amended December 2002, have been GRAN-TED by the Planning Board. These waivers have been granted as the Planning Board has determined that the construction of the propose„eoadvray should retain the rural character of the neighborhoods surrounding it, specifically Rea and Chestnut Streets. Furthermore, the waivers granted will minimize the impact to the s-=.Ounding slopes and wetiapds,and abutti ig properties. a) Waiver from Section 5.4.4.3a-c Public Service impact on Fire, Schools and Police has boor granted. this waiver is granted due to the fad that the applicant has submitted plans to the above departments and NA ovided them ample opportunity to corranient on the proposed impact the subdivision may have on their res-ycctive departments. b) Waiver from. Section 6.8.1, roadway width l�.as been granted. This will allow for a 24 Waiver -foot roadway •;dth vs.the required 26-foot roadway width. c) Waiver uom Section 6.8.1, cul-de-sac maximum iength has beer; Wanted. This will allow for a 817'(+/-) foot cul-de-sac vs. the maximum length of 600'. Due to the provision of residential fire sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. 19) This Definitive Subdivision Plan approval is based upon t`:e following information incorporator into this decision by reference: Plan titled: Definitive Subdivision and Special Permit Plan Autumn Chase in North Andover,MA Page 6 of 7 Autumn Chase Definitive Subdivision Conditional Approval Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services, Inc. 64 Park Street Andover,MA 01810 Dated: December 1,2004,revised: April 5,2005 Sheets: I through 17 Scale: 177==40') Study titled: Project Report on Drainage&Sedimentation Controi Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover,MA 01810 Dated: December 14,2004,revised:March 8,2005 Plan Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: Huntress Associates, Inc. 17 Tewksbury Street Andover,MA 01810 Dated: March 21,2005 Sheets: i through.i Scale: 1„==40, Report titled: Traffic Impact&Access Study Prepared for: Chestnut Development, LLC Prepared By: Dermot J_Kelly Associates,Inc. 280 Main Street, Suite 2D 4 North-Reading, MA 01864 Page 7 of 7 ,kORTH 3�0f tt�ao '�qa CL O N F A SS^CHUS, Town of North Andover E i- Town Planner office of the Planning Department Lincoln Dalen Community Development and Services Division g y 400 Osgood Street -� o North Andover,Massachusetts 01845 http://www.townofnm-thandover-c(>m r� (978)688-9535 NOTICE OF DEC-13SION CD Any appeal shall be h'.- Date: April 22, 2005 -P within twenty(20) days after Hearing Dates:January 18, 2005 thru the date of filing this Notice April 19,2005 in the Office of the Town Clerk. Petition of Chestnut Development LLC,231 Sutton Street, North Andover,MA 01845 Premises Affected: Autumn Chase("Molly Roane Roa&% Summer Street,North Andover. Ref.-.-ring to the above petition for a Spacial Permit for a Definitive Subdivision, known as Autumn Chase ("Molhy Towne Re=ad"). i ne application was determined to be cG nplete and was noticed and reviewed in accordance with the procedures for reriv,v and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L.e.41 (the"SuWivision Control Law"). So as to allow: For the approval and construction of a development of a def a-t-e subdivision consistL— i6 sLngle-farii'ly residences and approxir_.ate+y ten(i0)acres of Us'abic Open Spac4. withLR the Residential 2(R-2)Zoning District. ^t a public hearing given oo the said data above, the Planning Board vc±?d unanimously(4-0)to APIPROVE a Definitive Subdivision Special Pe►;nit for the Autumn Chase 16 single-famiiy residential subdivision based and open space in accordance with the following conditions: ZaA LL*icoln J. Daley,Tdwn Planner cc: Applicant Engineer Aiberto Angles,Chairman Abutters John Simons DPW Richard Nardella Building Department George White Conservation Department ;� phi ey L3A Health Department BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Autumn Chase Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a new sixteen(16) lot subdivision for 16 single-family homes, known as Autumn Chase. Chestnut Development, LLC 231 Sutton Street, eet, North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on Summer Street and is located in the Residential Two(R-2)Zoning District. The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The approved Definitive Plan, dated December 1, 2004, revised April 4, 2005, satisfies all requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VIM, and has been found to be acceptable in that it provides adequate access. Furthumore, the applicant submitted a traffic impact and access memorandum that was also found to be acceptable. C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a maximum buildout of 16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer Street. D. Th—j approved Defu,itive Plan reduces danger to life and limb in the operation of motor vehicles. Agai,-t, conventional development of this subdivision plan would allow a maximum buildout of 16 rew lots, including ANR. lets along .Sunamer Street. These ANR lots would create additional driveways entering and exiting Summer Street,creating urmecessary pede Irian and vehicle conflicts. E. The approved Dzfuutive Plan secures safety in the case of fire, flood, panic and other emergencies. Tle new roadway and driveway will provide ample aceess to the homes during emergency situations. F. The ap pro �Def-t itive Pian complies with Ie T own of N Orth Andovex ^^Ing By-law. G_ The approved Definitive Plan secures adequate provisions for water, sewerage, drainage, urd.;.';.aund utility services, fire, police aadot,e- similar municipal ernaipment, and swept lighting and other :;,qu rernents where necesswy in a subdivision. The Definitive Plan has been reviewed by the appropriate pub!--- safety agencies and-has been found t:, acceptable. H. The Definitive Plan,coordinates the ways in P.eigh-oring subdivisions. 1. The Definitive Pian coruorI-I:s to the design and construction sLmdards described in the RL='•es and Regulations and in the attached App,;:dices with the exceptions of waive:s granted in Condition ii 17. J. The Definitive Plan conforms with all applicable zoning requirements. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements and Approves the subdivision subject to following conditions: Autumn Chase Definitive Subd"ion Conditional Approval 1) Environmental Monitor. The applicant shall designate an independent environmental monitor who shall be chosen to consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental MonRor 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 areas of non-compliance, if any, and actions taken to resolve these issues_ 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check payable to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must be subm.:tted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 5(c). b) The applicant must submit to the Town Planner a PORVI M for all utilities and easements placed on the subdivision. c) All subdivision application,fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's recorded decision. A fim" 30 of final plans reflecting any required changes outlined in VHB's report rated April 1, 1-905 r last be ssb-,m ted to the Towyn Planner for review prior to endorsement by the Planning Board. These plans inust be submitted within ninety (90) days of filing the derision v:ith the Town CIE: e) The Subsivision Decision for this project must appear on the mylan. f) A Phased Development Schedule must be s'ubti. tted for signature by the Planning Board, which conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building perinit eligibility by quarter for all lots. g) All documents shall be prepared at the expense of the applicant,as required by the Planning Board Rules and Reo LA-61?ns Governing the Subdivision of Land. h) Final water service and water poi.mp designs must be approved by the Divisi'M of Public Works prior the Planning Board's endorsement of th--record plans. A memorandum from u'ie Division of Public works confirming these o!ans have been approved must be provided to the Plam-drag Department. Page 2 of 7 Autumn Chase Definitive Subdivision Conditional Approval 3) Prior to ANY WORK on site: a) Yellow"Caution"tape mast be placed along the limit of clewing and filing as shown on the plan. b) 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. c) Police details will be provided as necessary. The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Board prior to construction commencing. 4) Prior to Construction on Site: a) Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered profession! engineer, certifying that the trees have been cut in accordance with the approved plans. 5) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleaning must be performed weekly,or as d,—med necessary by the Town Planner,througinout the cons—tuction process. b) Street sweep iqg must be performed,at least once per mouth,throughout the construction process,or more frequently as directed by the Town Planner. c) Hours of operation during construction are limited from 8 a-m.to 5 p.rn-,Monday through Saturday. 6) Prior to any lots 1-wing released from the statutory covenants: a) I t-aete comple x.copies of the end-ers--d and record- suvd;vision pians and cnc(1)certifed copy of the following documents: recorded subdivision approval, recorded Covenant(FORM I), and recorded FO MI M mus_be.su mitted to the Town Plan xier as pmol ufrecn_ding. b) i;e applicant mum submit a lot release Y+ORN11.►to the Planning Bowd for signature. :) A Peif-w-r?nce Guarantee in an a.—nou nt to be detained by the Planning B d, shall he posted to ensure completion of the work in a,_txxdance with the Plans approved as pal-, of this conditional approval_ The bond must be in the fora. acceptable to the North Andover Planning Board. liems covered by the Bciaid may include,but snail not be limited to: i) as-buil,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)fuial site cleanup Page 3 of 7 Autumn Chase Definitive Subdivision Conditional Approval d) The Planning Board has determined that due to the size, scale and complexity of this project,outside inspectional services shall be provided by the Town's Consulting Engineer, at the applicant's cost, in accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations. As such, the applicant steal! request- an estimate of the Ln-s�tional services from the Town Planner, and the Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account with the Planning Department, which will be utilized to pay for these required inspectional services. The applicant shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. 7) Prior to Building Permit Lmmuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) A plot plan for the lot in question must be suburnitted,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 improvements required under a NACC order of condition, vi) Any goading called for on the llot, vii) All required zoning setbacks, viii)Locatior,ofany drainage,utility and other easements. c) All appropriate erosion control measi,;res for the lot shall be in place. The Plarir,ng Board or Staff shall make fin alaetmoination of appropriate measures. M Lot numbers,vsible from the roadways must be posted on all lots. P) An as-b;:i:t plan must be submitted to the DNisian of Public Works and vI--IB for review and approval prior�u acceptance of the server appurtenances Lb?anise. Thi .':n;uVJnJ r,iiist �� COnStiiiCt?d t0 at lei�ast viva.%coat Of pnv2iFieni t0 prO a`1�/ a+Ccw� Ule int in f:luestion. :'ro to consrtruction of the hinder Codi, UIC `— applicant shaft ensure fl at all iequn'cu inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the D�.rttnent of Public Works an interim as-built, certified by a professional engince .verifying that all utilities have been installed in accordance with t_he plans and pro;::c sheet The interim as-built pian shall be;prepared in accordance with the definitior, listed in Section 1.3.3 of the To-,k-ii of North Andover Subdivision Reguiat:0-1ts and Section 5.14 of the Town of worth Andover Subdivisicz Regulations. g) Any driveway permits required for the new lots must be secured and all fees paid for from the Department of Public Works, along with necessary sewer connection, water connection, and sewer mitigation permits.Proof of the secured driveway permits and payment ofwater and sewer fees shall be provided to the Plan;.ing Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Depart rent: Page 4 of 7 Autumn Chase Definitive Subdivision Conditional Approval i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system most also be supplied to the Building Department. 8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Heahk and Conservation Commission. b) The residential fire sprinkler system must be installed in accordance with referenced standard N)FPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both die North Andover Fire Department and the North Andover Building Department to the applicant. Ile applicant must then provide this certification to the North Andover Pianning Department. c) Permanent.house m mbm- trust be posted on dwellings and be visible uo:n the road. d) 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 o;vnc 's expense if such driveway is at a catch basin.or stone bound position. e) If a sidewalk is to be constructed in front of the loT,the applicant small submit an as-built plot plan to the Town Planner depicting the sidewalk has been constricted.. Any and ali street trees required to be planted in front of the lot shall be plated. The appiicani shall submit an as-buik plot plan to the'town Planner certifying that the street trees have been planted. 9) Prior-to theft" release of security retained for the site by the Town, the following shall be completed by the appIIca*tt: a. An as-built pian and profile of the site shall be submitted to the DPW and Planning Department for review and approval, 4zecirda nce with Section S. of the Te..:: of North Andover Subdivision. Rules and Regulations. b. The applicant shalt petition Town Meeting for public accepta.cP of the street inn accordwance with Section 5.11 of the Town efNorth Andover Subdivision Rules and Reg?lations. Prior to submitting a warrant for such petition,tl:c applicant shall review the subdivision and all remaining work with the Told« Planner and Department of Public `"orks. The Planning Board shall hold a p;,;Ori of the subdivision bo:d for continued i-naintenance and ,--,ations until such thio. as Town Meeting (— accepted (or rejected in favor of private ownership) the roadways. It shall be the developers responsibility to insure that all proper easements have been recorded at the Registry of Deeds and copies provided to the North Andover Planning Department. :0) Tlie Applicant shall ensure that all Planning,Conservation Commission, Board of Heafth and Division of Public Works requirements are satisfied and that construction is in strict compliance with all approved plans and conditions. 11) The applicant shall adhere to the following requirements of the Fire Department: Page 5 of 7 Autumn Chase Definitive Subdivision \ Conditional Approval a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel_ stege will be m allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission_ 12) There shall be no burying or dumping of construction material on site. 13) 11e 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. 161 T`ue wi,ities must be installed and the streets or ways constructed to bi..d-. coat two y�-_.rs from this approval. If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has not granted anextension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed 17) Tree cutting shall be beat to a minimum throughout the project to minimize-erosion and preserve the natuwal featurfa of the site. If any t;ee cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6)Of the.Zoning Bylaw. 18) The following waivers f-wn the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, November 2000, amended :ecember 2002, have been GRANTED- by the Planning Board These waivers have been granted as the Planning Board has determined that the construction of the proposed ruadvmy should retain the rural character of the neighborhoods surrounding 4 specifically Rea and Chestnut Streets. Furthermore, the waivers grunted will minimize the impact to the s=___ounding slopes and wetl_ards,and abwui�,g properties. a) Waiver from Section 5.4.4.3a-c Public Service impact on Fire, Schools and Police has been grz ed. T his waiver is g;a iated due to the fact'Uhai the applicant has subrr iVed plans to the ab6ovc departments and provided them ample opportundy to corranent on the proposed impact the subdivision may have on their rest,=ive departments. b) Waiver from. Section 6.8.1, roadway width has been game!_ This will allow for a 24-foot road-way v.�dth vs.the required 26-foot roadway widufi. c) Waiver u'om Section 6.8.1, cul-de-sac maximum ienb.h has beer; panted_ This will allow for a 817'(+/-) foot cul-de sac vs. the maximum length of 600'_ Due to the provision of residential fire sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-do-sac length. 19) This Definitive Subdivision Plan approval is based upon L-he following information incorporated it►to this decision by reference: Plan titled: Defuutive Subdivision and Special Permit Plan Autumn Chase in North Andover,MA Page 6 of 7 Autumn Chase Definitive Subdivision \ Conditional Approval Prepared For: Chestnut Realty Development,LLC Prepared By: Merrimack Engineering Services, Inc. 64 Park Street Andover,MA 01810 Dated: December 1,2004,revised: April 5,2005 Sheets: 1 through 17 Scale: I"=40' Study titled: Project Report on Drainage&Sedimentation Control Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Development, LLC Prepared By: Merrimack Engineering Services,Inc. 64 Park Street Andover, MA 01810 Dated: December 14,2004,revised:March 8,2005 Pian Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details Autumn Chase in North Andover,MA Prepared for: Chestnut Realty Development,LLC Prepared By: Huntress Associates, Inc. 17 Tewksbury Street Andover, l`,rI.A 01810 ►Dain. Manch 21,2005 Sheets: i through S Scale: Repoil titled: Traffic Impact&Access Study Prepared for Chestnut Development,LLC Prepared By: Dermot J. Kelly Associates,Inc. 280 Main Street, Suite 204 North-Reading, MA 01864 Page 7 of 7