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HomeMy WebLinkAboutBuilding Permit #Exception - Exception 5/1/2018 (2) ice to and cf on+DefinitiveL � TO APPLICANT/TOWN entitlediDefinitniveASubdn Subdivision Board Brook Farm ----.. in North Andover, Mass. By. Atlantic Engineering & Survey Cons. dated 5/14/98, rev. 7/79819 -- 7/8/98, 8/4/98 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record. owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- _.. _ struction of ways and. the installation of municipal services within_ said sub- division, all as provided by G.L. c. 41, S. 81-U.- 2. That all- such construction and installations shall in all:-respectsconform to the governing rules and regulations of this Board. - 3• That, as required by the North Andover Board of Heal�h in its report to -this Board, no building or other structure.shall be built. or placed upon. Lots -- -.r. . _. -._. .... .-_.. -: . ..:-..- No. as. shown on said Plan without the prior. . --_ of said Board of Health. 4. Other conditions: - SEE ATTACHEDrr - © z�D c rn = - _C-0 - C In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. - The No over P1 g B d has D PROVED s 1 , for the foll.o g reason NORTH ANDOVER PLLTMra BOARD Date: /9 By: Brook Farm Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a seven(7) lot subdivision known as Brook Farm. William Antonelli, 1117 Gatewood Drive, Alexandria,VA 22307, submitted this application on May 18, 1998. The area affected is an extension of the existing Christian Way and is located in the R-2 Zoning District. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Planning Board makes these findings in accordance with a settlement agreement between the North Andover Planning Board and Margaret Antonelli signed in November of 1997,which states in part as follows: • The eight year zoning freeze,which became applicable to Brook Farm on June2, 1988 pursuant to G.L. c. 40A, sec. 6 shall expire two years and three months from the date of the filing of the stipulation of dismissal(November 15, 1997). ( Feb ks, 20c�o'� • Any new subdivision plan for Brook Fan-shall confirm to the Rules and Regulations Governing the Subdivision of Land in North Andover in effect at the time of the submission of such plan except as noted in Condition 14. B. The Definitive Plan, dated May 14, 1998, rev. 7/7/98 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. C. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition 14. D. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. E. 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)hour's 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 1 f 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 Z g: utstanding engineering comments as listed in a letter dated July 28, 1998 to the Planning oard from John Chessia, Coler& Colantonio must be addressed and reviewed and approved by the Town's engineering consultant. b) A Site Opening Bond in the amount of five thousand ($5,000) dollars.to be held by the Town Gof North Andover. The Site Opening Bond shall be in the form of a check made out to the _ Town ofNorth Andover that will be placed into an interest bearing 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 Roadway Bond as described in Condition 4(d). This Site Opening Bond 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 as directed by a vote of the NAPB. c) The applicant must submit a draft covenant running with the land prohibiting further subdivision land of any lot shown on the plan for review and approval by the Planning Board. (per settlement agreement) � '� tNejCJ ` k-0 Ue V,"e U ej_q,_ e ZCJ 9 r1 C G,_AA%a t d) The applicant must submit draft deeds for lots 3, 4 and 5 containing language regarding maintenance of the landscaped cul-de-sac isldnd. It shall be the duty of these lot owners to maintain the landscaped island in the middle of the cul-de-sac in a neat and attractively _ vegetated condition. Each owner shall contribute one-third of the cost of doing such work if . the work is not physically done by the owners. The Town of North Andover and the owners of the lots shall have the joint and several right to enforce this provision. The restriction shall run with the land. A sample copy of the proposed language is available in the Planning Office. /e -T1he final subdivision plans must be reviewed and approved by the outside consultant,the Planning Department and D.P.W. 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 requested in Condition 4(d). g) e applicant must submit to the Town Planner a FORM M for all utilities and easements laced on the subdivision. h 11 application fees must be paid in full and verified by the Town Planner. 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 above,must be submitted to the Town Planner for review endorsement by the Planning Board,within ninety (90) days of filing the decision with the Town Clerk. j) The Subdivision Decision for this project must appear on the mylars. k) 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 the site, a) Orange fence or yellow caution tape must be placed at the edge of the tree canopy of the limit of clearing line as shown on the plans. The Planning Staff must be contacted prior to any cutting and or clearing on site. As many trees as possible must be preserved on the site outside of the limit of clearing Lme. 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. 4) 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), - e- and recorded FORM M must be submitted to the Town Planner as proof of recording. ��ovJ Y-rorl ncA-V b) All site erosion control measures required to protect offsite properties from the effects of5,ork on the lot proposed to be released must be in place. The Town Planning Staff shall.determine ak4kVY441 whether the applicant has satisfied the requirements of this provision prior to each lot release - -- and shall report to the Planning Board prior to a vote to release said lot. 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,upon the recommendation of the Department of Public Works, 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 of a check made out to the Town ofNorth Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include, but shall not be limited to: i) as-built drawings ii) sewers and utilities 3 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 5) Prior to a FORM U verification for an individual lot,the following information is required by the Planning Department: a) 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. b) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c) above. c) 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) the limit of clearing, viu)all required zoning setbacks, ix) Location of any drainage, utility and other easements. d) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. e), Lot numbers, visible from the roadways must be posted on all lots. 6) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) Prior to occupancy of Lot 7,white pine trees must be planted along the boundary between the existing home located at 116 Christian Way and Lot 7 to provide and adequate screen as determined by the Planning Board between the existing home and the proposed home. b) Sprinkler systems must be installed in all homes per NAFD requirements. 4 c) 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. d) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. e) Permanent house numbers must be posted on dwellings and be visible from the road. fl 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. 7) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) The applicant is expected to make a contribution to the sidewalk fund an amount equal to the cost of constructing a sidewalk along one side of the roadway as determined by the DPW. b) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. c) Certified copies of the recorded deeds to lots 3,4 and 5 must be submitted to the Planning Department for review. These deeds must contain language regarding the maintenance of the cul-d-sac island as required by Condition 2(d) above. d) 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,deeds and easements have been recorded at the Registry of Deeds. e) 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. 5 8) 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. 9) There shall be no burying or dumping of construction material on site. 10)The location of any stump dumps on site must be pre-approved by the Planning Board. 11)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12) Gas,Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 13)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. 14)The following waivers from the Rules and Regulations Governing the Subdivision of Land,North Andover,Massachusetts,revised February, 1989 have been granted by the Planning Board: a) Section 7(A)(4)Dead-End Streets: The Planning Board has determined that it is in the public interest to waive this section in order to allow a dead end street of substantially the same length originally approved for the Brook Farm Subdivision in 1988, provided that sprinkler systems are installed in each of the homes to be built in the new subdivision. (per settlement agreement) b) Section 7(D) Sidewalks: The Planning Board has determined that it is in the public interest to waive this section as this subdivision will extend an existing roadway which does not and will not have sidewalks constructed on it. The applicant will be expected to make a contribution to the sidewalk fund an amount equal to the cost of constructing a sidewalk along one side of the roadway as determined by the DPW. 15)This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans Entitled: Definitive Subdivision at Brook Farm North Andover, Mass. Prepared for: Margaret Antonelli 1117 Gatewood Dr. Alexandria, VA 22307 6 Engineer: Atlantic Engineering&Survey Consultants Inc. 97 Tenney Street—Suite 5 Georgetown,MA 01833 Date: May 14, 1998, rev. 7/7/98, 7/8/98, 8/4/98 Sheets: 1 through 7 b) Reports entitled: Hydrologic Report for Brook Farm Definitive Subdivision N. Andover,MA Prepared by: Atlantic Engineering& Survey Consultants Inc. 97 Tenney Street—Suite 5 Georgetown,MA 01833 Date: 5/12/98 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Brook Farm- subdivision 7