HomeMy WebLinkAbout2012-02-07 Planning Board Supplemental Materials (14) 0",
BK 6493
63
4 Town of North Andover a4 ao T1 °'®
Office of the Planning Department
•
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 �°SSACHUs
Heidi Griffin Telephone(978)688-9535
Planning Director
Fax(978)688-9542
Notice Of Decision
Any appeal shall be riled
Within (20) days after the o
Date of filing this Notice C) CDD
In the Office of the Town C)C'):V
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Clerk — �m�
Cr
orn->-<
c.U:certify that twenty`20) J.t Date• July 16, 2001 <�Cn
lapsed from date of decision,ti; m=D
i:nuut filing of aY�/,�,;, aI Date of Hearing: May 22, 1,� >
Date NDYE.r�,Bf June , 2001
Jo'Ice A.Bradahaus J 5, 2001, June '
(:lerk July J{0, 2001
Petition of: Right Now Realty Trust P.O. Box 985 Kingston,NH 03848 and MPD Realty
Trust 415 Waverly Road North Andover, MA 01845
Premises Affected: Waverly Road, North Andover,MA
` Referring to the above petition for a Definitive Subdivision. The application was (O
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 a five(5) lot subdivision with three(3)new homes known as Delucia
Way NIDIV 23'01 Pm2'26
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Definitive Subdivision, based upon the following conditions:
Signed:
John Sim s, Ch rman Q
Cc: Applicant Alberto A files, Vice Chairman ?U
Engigeer Richard Nardella, Clerk p
Abutters Alison Lescarbeau
DPW Richard Rowen
Building Department
Conservation Department XrTEST:
ZBA A True Copy
Health Department )"a�Q% ►,v
Town Clerk
BONRIAWILORYJ541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
MARK B, JOHNSON
12 Chestnut Street
,Andover, MA 01810
BK 6493 PG 26
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere
to the following: ;
EHE.,r
a) A Site Opening Bond in the amount of rave thousand ($5,000) 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 all lots within the P „t;
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 t
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 decision. A full set of final plans reflecting the changes
outlined in Tim Willett's (DPW) memorandum dated 5/29/01 must be
submitted to the Department of Public Works accompanied by a letter from
Mr. Willett acknowledging the changes have been made and are to his
satisfaction. The plans must be revised so that Lots 1 and 2 on the plans are
merged and will only result in the creation of one lot labeled "Lot 1X' totaling
39,802 Sly'. The plans must also reflect that there is a no-cut zone for 10' along
the frontage of Waverly Road on Lot 1A. The revised plans and letter must be
given to the Town Planner for review prior to endorsement by the Planning Board,
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 Development Schedule must be submitted for signature by the Planning
Board, which conforms to Section 8.7 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.
3) Prior to ANY WORD on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and
grading as shown on the plan. The Planning Staff must be contacted prior to
any cutting and or clearing on site.
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BK 6493 PG 265
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) A recorded copy of the deed to lot IA or a restriction recorded at the
Registry of Deeds shall be supplied to the Town Planner. The deed or
restriction shall read as follows "The deed to Lot I shall provide that there
will be no cutting of trees within ten feet along the entire frontage of the lot
a"Salem Street, provided however, the removal of dead trees, unsafe trees,
poisonous vegetation (i.e. poison ivy, poison oak) shall be allowed. The
existing rock wall on Lot IA must also remain and shall never be removed.
Any violations of this deed will be enforced by the North Andover Planning
Department and will require the re-planting of the trees,and the rebuilding of
the rock wall".
d) A recorded copy of the deed or restriction to Lot I shall be supplied to the
Town Planner. The deed shall read as follows: "Lot I cannot be
resubdivided and cannot be reduced in area from 39,802 SF".
e) The applicant shall stripe the existing parking lot for the existing apartment
building on Lot 2 with pavement markings to allow for nineteen parking
spaces. The applicant shall then notify the Town Planner upon completion
of the pavement markings for verification through virtue of an inspection.
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 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 Iimited from 7 a.m. to 5 p.m., Monday
through Friday and 8 a.m.—5 p.m. on Saturdays.
5) 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 n, recorded Growth Management Development
Schedule, 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.
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K '493 PG
r
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)final site cleanup
6) Prior to Building Perinit 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 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 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 for review and
approval prior to acceptance of the sewer appurtenances for use.
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BK 6493 PG 267
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 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 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 of North Andover Subdivision Regulations.
g) The applicant shall adhere to the following requirements of the North
Andover Fire Department and the North Andover Building Department:
1) 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 each residential
system must also be supplied to the Building Department.
h) The applicant is required to pay sewer mitigation fees at the Department of Public
Works. Proof of payment must be supplied to the Planning Department.
i) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be
graded and staked at a minimum
7) 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 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
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e y K 6493 PG
d
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) 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 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.
8) The Applicant shall ensure that all Planning, Conservation Commission, Board of
Health and Division of Public Works requirements are satisfied and that construction
was in strict compliance with all approved plans and conditions.
9) The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws
and State Statute and only with the review and approval of the Fire Department and
Conservation Commission.
10)There shall be no burying or dumping of construction material on site.
11)The location of any stump dumps on site must be pre-approved by the Planning Board.
12)The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
13)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the
respective utility companies.
14)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.
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° 15)The utilities must be installed and the streets or ways constructed to binder coat two
ears 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.
16)The following waivers from the Rules and Regulations Governing the Subdivision of
Land, North Andover, Massachusetts, dated November 2000,have been GRANTED by
the Planning Board:
a) Waiver to Section 5.4.1.a of the Regulations which requires an Environmental and
Community Impact Statement when six or new lots are created. As two of the six
lots that are being created contain existing structures, the determination has been
made to waive this requirement.
17)This Definitive Subdivision Plan approval is based upon the following information
which is incorporated into this decision by reference:
Plan titled: Definitive Subdivision-Plan,
Delucia Way located in North Andover,MA
Prepared for: Right Now Realty Trust, P.O. Box 985, Kingston,NH
MDB Realty Trust,415 Waverly Road,No. Andover,MA
Prepared By: Christiansen& Sergi
160 Summer Street
Haverhill,MA 01830
Scale: 1"=40'
Report Titled: Stormwater Management Report for Delucia Way
In North Andover,Massachusetts
Prepared For: Right Now Realty Trust
Dated : March 28,2001
Prepared By: Christiansen&Sergi
160 Summer Street
Haverhill, MA 01830
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