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HomeMy WebLinkAboutMiscellaneous - Exception (279)r Town of North Andover Office of the Planning Department ,jpY Community Development and Services 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Notice Of Decision Divisi91( 2001 OCT� 'SSA`"u � Tele�hoR (21818-9535 Fax (978) 688-951 Any appeal shall be filed Within (20) days after the Date of filing this Notice . In the Office of the Town Clerk Date: October 31, 2001 Date of Hearing: October 16, 2001 & October 30, 2001 Petition of North Andover Realty Corp, 100 Johnnycake Street North Andover, MA 01845 Premises Affected: located on the northerly side of Dale Street Referring to the above petition for a Rescission of Approval of Plans. The request was submitted in accordance with the M.G.L. Chapter 41 Section 81 W. So as to allow: the rescission of the Planning Board approval made by the Planning Board on August 15, 2000 filed with the Town Clerk on August 16, 2000, the approval was for a modification to a definitive subdivision entitled Berrington Place North Andover, Massachusetts The modified plans approved August 15, 2000 dated March 21, 1999 revised 6/14/00, 6/28/00 prepared by Erik D. Heyland P.E. 196 Central Street Saugus, MA 01906 prepared for MPG Realty Corporation 231 Sutton Street Suite 2F North Andover, MA 01845 and they depict a modification from a definitive subdivision containing seven buildable lots and one unbuildable lot to a subdivision containing three buildable lots and one unbuildable lot. After a public hearing given on the above dates, the Planning Board voted to GRANT, the request to rescind the approval filed with the Town Clerk on August 16, 2000 for the approval of the modification to a definitive subdivision. Cc: Applicant Engineer Abutters ZBA DPW Building Department Conservation Department Health Department Signed: '.tj�Qhn Sim s, Chairman berto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz, Associate Member BOARDOFPP .ALS 68Q 9541 BLTILDING bee 95 t5 CONSERN' ITION tib€ -9530 HEALTH1688-95-,10 PL NNNING 658-9535 Notice to APPLICkW/T,-ahC and CartI:Icatioa of Actio,1 on Deflnitivc SubdiTision plan entitled: Berrington Place amt -mg Board V gp; Allen g Major Associates, Inc. dated January 16, , L'998 The North Andover Planning Sa&-rd has voted to APPROVE said plan, sub,ect to the following ccnditiana: I. That tho record owners of the subject Land forthwith execute and record a "covenant„ running with the lard", or otherwiso prov�.-c security for the ccn- st.—acticr. of was and the Lnstal.l.ation of muaicipal scrTtcc3 within said sub - d2, -i. --ion, all as provided by G.L. c. 4.1., S. SL -U. 2- That a.Ll such eonstr^jcticn and installations sha11 :n all m3oects con_'ora to the govern_tag rule3 ai%d regvla'tinn9 of t� s Hoard. 3. That, as requi-cd b7 the North Xndo-ver Board of ftcal:h in ita report to this Board, no builiing or other structure shall be built o; placed apou Lots NO. as shown or: said Play +r;tholrt t;ic prior cony! -t of said Board of Heath. L. Cthcr conditions: I -i the event that no apgtal shall ha -re been taR from said approQal withi-- twentp d.- f -.)m this date, the Borth A,sdover Pl rxizz Board ►rill forthwith that -.,aster endorso its so:nrl approval .ipon said plsa. 4 M R 'i Y R t T 1 f • it R « 1F 'h - Y R 1 M fY ♦ y t 4 4 R *. Y M R 4 4 i + R o v c r° L&nin i&Board Dace_ QP=JQ� - PPR=, ,da'_d\91an, mor NORTF. L0(7v : Pr,tM�L cDAnD Richard S. Rowen _ o ry �pc-�N 0 3 ti C I -i the event that no apgtal shall ha -re been taR from said approQal withi-- twentp d.- f -.)m this date, the Borth A,sdover Pl rxizz Board ►rill forthwith that -.,aster endorso its so:nrl approval .ipon said plsa. 4 M R 'i Y R t T 1 f • it R « 1F 'h - Y R 1 M fY ♦ y t 4 4 R *. Y M R 4 4 i + R o v c r° L&nin i&Board Dace_ QP=JQ� - PPR=, ,da'_d\91an, mor NORTF. L0(7v : Pr,tM�L cDAnD Richard S. Rowen 1� 1 l Berrington Place Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a seven (7) lot subdivision known as Berrington Estates Place. MPG Realty Corporation, 11 Old Boston Road, Tewksbury, MA 01876, submitted this application on January 16, 1998. The area affected is located off of Dale Street in the R-1 Zoning District. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated January 16, 1998, last revised on 3/3/98, 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 except as noted in Condition 17 Waivers. 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) 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 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 Development Schedule must be submitted for signature by the Planning Board, which conforms to both Sections 4.2, and Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. b) A Site Opening Bond in the amount of five thousand ($5,000) dollars to be held by the Town ofNorth Andover. The Site Opening Bond shall be in the form of a check made out to the 1 Town of North 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 final subdivision plans must be reviewed and approved by the outside consultant, the Planning Department and D.P.W. d) A covenant (FORM I) 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). e) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. fl All 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. h) The Subdivision Decision for this project must appear on the mylars. i) 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) Once the subdivision plans have been recorded, the applicant must apply for and receive a variance for work within the 75' Conservation Zone under the North Andover Watershed Protection District Zoning Bylaw. No work will be allowed on the site until the variance has been issued. If the request for a variance is denied, this subdivision will be in violation of the North Andover Zoning Bylaw and the approval will be deemed rescinded. b) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the approved plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 2 �1 c) 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), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the.Town Planner as proof of recording. b) All site erosion control measures required to protect offsite properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine 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 of North 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 iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration vid)final site cleanup A Performance Security may be established for each phase individually. 5) Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) A "One Way" sign must be placed on Dale Street visible from the new subdivision roadway in a location approved by the DPW. b) The Planning Board will review the status of the Subdivision and vote to verify FORM U 3 applications as appropriate and in conformance with this decision. c) 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. d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum. e) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c) above. fl 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. g) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. h) 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) Sprinkler systems must be installed in all homes per NAFD requirements. b) 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. c) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. 4 d) Permanent house numbers must be posted on dwellings and be visible from the road. e) 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) 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. 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 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 structures. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 10) 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. 11) There shall be no burying or dumping of construction material on site. 12) The location of any stump dumps on site must be pre -approved by the Planning Board. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5 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 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 herein grants a waiver of approximately 100' for the street length. The applicant has demonstrated that the street length will have no adverse impact on the Watershed Protection District. b) Section 7(D)(2) Sidewalks: The sidewalks will abut the curb per requirement of DPW. c) Section 7(E)(1) Street Trees: The street trees will be placed outside of the ROW per requirement of DPW. d) These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. e) The utilities must be installed and the streets or ways constructed to binder coat by Aoi!�, l Z_? 1 Z�(two years from the date pem7it granted). If the utilities are not i stalled, 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) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans entitled: "Definitive Plan of Land — Berington Place", ten sheets dated January 16, 1998 last revised 3/3/98. Prepared by Allen & Major, Woburn, MA b) Reports entitled: i) "Statement of Environmental and Community Impact", dated January 15, 1998. ii) "Water Quality and Best Management Practices (BMP) Evaluation', Berrington Place, Dale Street, North Andover, Massachusetts, dated July 14, 1997, revised October 8, 1997. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Berrington Estates - subdivision