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HomeMy WebLinkAboutCAMPBELL FOREST LLC (3) Town of North Andover of NORTH OFFICE OF 'RECEIVED �_ <<«E° do p COMMUNITY DEVELOPMENT AND SWRKAW 27 Charles Street NORTH ANDOVER ;* North Andover' Massachusetts 01845 SS o. c5* WILLIAM J. scorn Nqq DEC 28 P 1: 51 9SSAcmuSEi Director (978)688-9531 NOTICE OF DECISION Fax(978)688-9542 Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date Date of Hearing ncf_ Petition of C�.rc,T� ( ''x a,sX LL-6- Premises LLPremises affected_ C3ne�e Referring to the above petition for a special permit from the requirements of the 'N c)f-:tb A nd o i cr _oma I n c -Se-4.z a n '7. 2. 1 so as to allow A c c e-,�,s �n Lu+ - (}vim aija i_en i Iot 3 A G<_ c�4 a LOT 57o�ar C c�i a CD± �0-r Z-4 After a public hearing given on the above date,the Planning Board voted to A P P ROV t he ',pd m l_j- Ac-e,5S he `l�lo�rt o�(e� -rhe L-e ora 1 'Pux\ aHe- based upon the following conditions: Signed CC: Director of Public Works Alison 1%Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Vice Chairman Health Sanitarian Assessors Alberto Angles, Clerk Police Chief Fire Chief Richard S.Rowen Applicant Engineer Richard Nardella Towns Outside Consultant File Planning Board Interested Parties BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lots 1 & 5 Stonewedge Circle Special Permit Approval-Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Campbell Forest, LLC, 231 Sutton Street, Suite 217, North Andover,MA 01845, dated October 15, 1999 requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 1 —Stonewedge Circle over the adjacent lot, Lot 3; and to allow access to Lot 5 — Stonewedge Circle, over its adjacent lot, Lot 4, owned by Campbell Forest,LLC, 231 Sutton Street, Suite 2F,North Andover,MA 01845. FINDINGS OF FACT: 1. A large area of wetland covers the entire frontage of Lot 5 and Lot 1. 2. Access other than legal frontage to these lots will create less impact on the wetland area therefore the location is appropriate; the driveway will not affect the neighborhood, and will not create a hazard to vehicles or pedestrians. 3. This application will have less impervious area than the original subdivision which was approved and depicted common driveways, instead of the new roadway proposed, Stonewedge Circle. This plan reduces the impact to the wetland area by approximately 250 feet. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Application. Upon reaching the above findings, the Planning Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: Plans titled: Definitive Residential Subdivision Stonewedge Circle—N. Andover,MA Prepared For: Campbell Forest,LLC Prepared by: Engineering Alliance, Inc. 196 Central Street Saugus,MA 01906 Scale: 1"=40' Plan Date: 9/28/99 a) The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. b) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Prior to any site disturbance: a) All appropriate erosion control devices must be in place and reviewed by the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. c) Tree clearing must be kept to a minimum. The area to be cleared must be reviewed by the Town Planner. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas,telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 5. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 8. This permit shall be deemed to have lapsed after a two- (2)year period from the date on which the Special Permit was granted unless substanti 1 use or construction has commenced. Therefore the permit will lapse on Z, Z Town Of North AndoverRECEIVED f NORTH , O11"' ,s ti 01RCE OF JOYCE Rg��,ppSHAW 3� q� ,, COMMUNITY DEVELOPMENT AND SEW F, RK p NORTH ANDOVER 27 Charles Street North Andover, Massachusetts 01845 PM DEC 28 P 1: 58 WILLIAM J. SCOTT �SSACHU Director (978)688-9531 Fax(978)688-9542 NOTICE OF DECISION Any-appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. Date 1-')(!?L 2S 199 q Date of Hearing___LEr_ 21 i IRgg Petition of L^c,i\ Fr-,re_S+ (-L.0 Premises affected 1AQQCA,� QP ;r�►� Referring to the above petition for a Subdivision from the requirements of the ( S {V X51/XA �(�I PS 4( , (, 1 r1 �1]1'l5_ e71afecl ,k �L U so as to allow St X c-A� r�k (,.)P b-jt-r Oon& Lane. After a public hearing given on the above date, the Planning Board voted to APPR01AF- the De -jn'yhje SUh&14`i;Skw1— based upon the following conditions: Signed 00- „ u kz)=44'cur CC: Director of Public Works .Alison Lescarbeau,Chairman Building Inspector Natural Resource/Land Use Planner John Simons,Vice Chairman Health Sanitarian Assessors Alberto Angles,Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Richard S.Rowen Towns Outside Consultant File William Cunningham Interested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Stonewedge Circle Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a six(6)lot subdivision„ known as Stonewedge Circle. CampbellForest,LLC,231 Sutton Street;Suite 2F, Nor(h Andover;MA 01845 submitted this application on October 15, 1999. The area affected is located off of Webster Woods Lane in the R-2 Zoning District,Map 2101106B Lots 1-5. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan,dated 9/28/99,includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-laws and insure the public health,safety and welfare of the town. Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four(4)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 area 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 ten thousand($10,000)dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account.A covenant(FORM 1)securing an lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board Said lots may be released from the covenant upon posting of security as requested in Condition 5(d). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner m order to ensure that the plans conform to the Board's decision.A full set of final plans reflecting the changes outlined above,must be submitted to the Town Planner for review endorsement by the Planning Boaud 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) 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 3) Prior to ANY WORK on, : a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Plarming Staff must be contacted prior to any cutting and or clearing on site. b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be m place and.reviewed by the Town Planner 4) THROUGHOUT AND DURING CONSTRUCTION: a) Dust mitigation and roadway cleaning must be performed weekly,or as deemed necessary by the Town Planner, throughout the construction process. b) Street sweeping must a performed,at least once per month,throughout the construction process. c) Hours of operation during construction are 7a-m--5 p.m.,Monday through Friday,and Saturday,8 a.m.—5 p.m. 5) Prior to any lots being relead from the statutory covenants: a) Three(3)complete copies of endorsedandrecorded subdivision plans and one(1)certified.copy of the following documents:recorded subdivision approval,recorded Covenant(FORM 1),and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. c) The applicant must submit a lot release FORM J to the Planning Board for signature. d) A Performance Security 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 vin)final site cleanup 6) Prior to a FORM—Vverification for an individual lgt;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(c) above. b) A plot plan for the lot in question must be submitter,whichincludesA 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 amiany site improvements required under-a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks, viii)Location of any drainage,utility and other easements. c) All p .pria erosionmcontrol measures for In be in place.The Planning Board or-Staff d) Lot numbers,visible from the roadways must be posted on all lots. 7) Foundation Plan: Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site,the applicant shall have a plan prepared by a Registered" Professional Land Surveyor(R.P.L.S.)which accurately dents the foundation location and its proximity to wetland resource areas as shown on the approved Definitive Subdivision Plan dated 9/28/99. Saidplan shall be submitted to the Town Planner for review to verify that the setback limits to wetland resource areas have been met. 8) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required: a) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat,the applicant shall ensure that all required inspection and testing of water,sewer,and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built;certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet b) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. 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) The sidewalk to be constructed in front of a lot must be graveled and staked at a minimum 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. b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works.The Planning Board shall hold a portion of the subdivision bond for continued maintenance and[operations until such time as Town Meeting has accepted(or rejected in favor of private ownership)the roadways.It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 10) The Applicant shall ensure that all Planning,Conservation Commission,Board of Health and Division of Public Works requirements are satisfied and that construction was m strict compliance with all approved plans and conditions. 11) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structuress. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 12) The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservatism Commission. 13) There shall be no burying or dumping of construction material on site. 14) The locution of any stump dumps on site must bepre-moved by the Planning Board. 15) The contractor-shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16) Gas,Telephone,Cable,and Electric utilities shall be installed as specified by the respective utility companies. 17) Any action by a Town Board,Commission,or Department which requires changes in the roadway alignment,placement of any easements or utilities,drainage facilities,grading or no cut lines,may be subject to modification by the Planning Board 18) The utilities must be installed and the streets or ways constructed to binder coat-TW- C) 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 extensionby the above referenced date,this definitive subdivision approval will be deemed to have lapsed. 19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled: Definitive Residential Subdivision-Stonewedge Circle Prepared for Campbell Forest,LLC 231 Sutton Street,Suite 2F, North Andover,Massachusetts Dated: September 28, 1999 Owner/Applicant:Campbell Forest,LLC 231 Sutton Street,Suite 2F North Andover,MA 01845 Civil Engineer: Engineering Alliance,Inc. 196 Central Street Saugus,MA 01906 Sheets: 1—9 b) Report titled: Stormwater Management Plan for Modification to a Residential Subdivision—Campbell Forest North Andover,MA Prepared for: Campbell Forest,LLC 231 Sutton Street,Suite 2F North Andover,MA Dated: 10/8/99 Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File