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HomeMy WebLinkAboutMiscellaneous - Exception (315)Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978) 688-9531 Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. 27 Charles Street North Andover, Massachusetts 01845 NOTICE OF DECISION Petition of George Hughes of Jeffco, Inc. Fax(978)688-9542 Date Date of Hearing: November 16.,1999= Premises affected Thirteen (13) Lot Subdivision Off Andover Street Referring to the above petition for a Subdivision from the requirements of the Subdivision Rules & Regulations dated February 1989 so as to allow construction of a 13 lot subdivision After a public hearing given on the above date, the Planning Board voted to DENY the 13 Lot Subdivision based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource / Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Signed Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard NardeRa Richard S.Rowen William Cunningham Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Ak^ : C:) z O CD --, -< On= •c _ =*mM n n,, rr' rD� �MMrn .D �70cno CSD Date: November 19, 1999 w M ::c - Date Date of Hearing: November 16.,1999= Premises affected Thirteen (13) Lot Subdivision Off Andover Street Referring to the above petition for a Subdivision from the requirements of the Subdivision Rules & Regulations dated February 1989 so as to allow construction of a 13 lot subdivision After a public hearing given on the above date, the Planning Board voted to DENY the 13 Lot Subdivision based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource / Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Signed Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard NardeRa Richard S.Rowen William Cunningham Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Ak^ : %- ad am Crossing Preliminary Plan Conditional Approval The Planning Board herein denies a thirteen (13) lot subdivision located off of Andover Street in the R-4 Zoning District. The application was submitted by George Hughes of Jeffco Inc. P.O. Box 802, Andover, MA 01810 dated September 23, 1999. Findings of Fact The Planning Board makes the following findings as required by Section 5B Review Standards for Preliminary Plans as set forth in the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, Revised February 1989: A. The Preliminary Plan adheres to all of the design standards indicated in Section 7 of the Subdivision Rules and Regulations except as noted below. The Planning Board was unable to satisfactorily review these issues as the applicant opted not to have the plan reviewed by an outside engineer. Therefore, the Planning Board is unable to determine if the plan complies with this section without the proper engineering review. B. The Preliminary Plan complies with the review comments submitted by the Town Planner in order to comply with state law, town bylaws, and protect the public health, safety, and welfare of the Town except as noted below. Lots 7 and 8, as depicted on the plan, would be non- conforming as the structures depicted on these lots (specifically the gazebo and shed) would not conform with the rear setbacks required by zoning. The Plan does not conform with the zoning bylaw As the applicant has failed to follow the procedures and provide the information required by the Rules and Regulations as demontrated by the Findings of Fact the Planning Board herein DENIES this application for a preliminary subdivision plan. 1. The following plans are included as part of this decision: Plan titled: Preliminary Subdivision Plan, Chatham Crossing, North Andover, MA Owned by: Jeffco, Inc. P.O. Box 802 Andover, MA 01810 Scale: 1"=40' Sheets 1 through 2 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 cc: Applicant Planning Board Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978)688-9531 Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. Petition of: Premises affected: 27 Charles Street North Andover, Massachusetts 01845 NOTICE OF DECISION Date: Date of Hearing Jeffco, Incorporated, Andover, MA 01845 , f D , Fax(978)688-9542 P-4 C= L c zz N C) June 30, 20OW April 18, 2000 Off of Andover Street, Map 47, Lots 19, 20 and 21 Referring to the above petition for a subdivision approval from the requirements of: The Town of North Andover Subdivision Rules and Regulations, revised February 1989 0 C) C'.) ��rnr7 AXcon CDmm MXX M D ZE so as to allow: the approval of an eleven lot subdivision, made up of eleven new two-family homes, known as Chatham Crossing. After a public hearing given on the above date, the Planning Board voted To APPROVE the subdivision. based upon the following conditions: CC: Applicant Engineer Alison Lescarbeau, Chairman John Simons. Vice Chairman Alberto Angles, Clerk Richard Nardella Richard S.Rowen William Cunningham BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Chatham Crossing Definitive Subdivision The Planning Board herein APPROVES the Definitive Subdivision for an eleven (11) lot subdivision, made up of eleven new two-family homes known as Chatham Crossing. Jeffco, Inc., Andover, MA 01845 submitted this application on February 8, 2000. The area affected is located off of Andover Street in the R-4 Zoning District, Map 47, Lots 19, 20 and 21. . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land.- A. and: A. The Definitive Plan, dated January 31, 2000 and revised June 14, 2000, 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. E. The North Andover Conservation Commission has issued a negative determination of applicability for this parcel of land, which was issued on October 21, 1999. , Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Independent Engineer: The applicant shall designate an independent certified professional engineer, who shall be chosen in consultation with the Planning Department, whose function will be monitor the construction of the underground stormwater detention structure. The Independent Engineer must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Independent Engineer shall make daily inspections during the installation of the underground stormwater detention structure. The independent engineer will also file reports to the Planning Board during the duration of the installation of the underground stormwater detention structure in accordance with the inspection schedule listed on Sheet 6 of the Definitive Subdivision Plan dated January 31, 2000 last revised June 14, 2000. The daily 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 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 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 6(d). 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 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. 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 WORK 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. 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 deeds to lots 7, 8, 9 and 10 shall be supplied to the Town Planner. The deeds shall read as follows "The deeds to lots 7, 8, 9 and 10 lots shall provide that there will be no cutting of trees within the area shown as "ten foot wide no -cut zone on the Definitive Plan, provided however, that the removal of dead trees, unsafe trees, poisonous vegetation (i.e. poison ivy, poison oak) shall be allowed.". 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 limited 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 I), 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. c) 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 viii)final site cleanup 6) Prior to a FORM U verification 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 6(c) 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 bew submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. 7) 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) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum 8) 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. 9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Worksrequirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 10) 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. 11) 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. 12) There shall be no burying or dumping of construction material on site. 13) The location of any stump dumps on site must be pre -approved by the Planning Board. 14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 16) 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. 17) 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. 18) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: Plan titled: Definitive Subdivision Plan Chatham Crossing, North Andover, Massachusetts Dated: January 31, 2000 last revised June 14, 2000 Applicant: Jeffco, Inc. Civil Engineer: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Sheets: 1— 9 a) Report titled: Traffic Impact & Access Study Proposed Residential Development Project Prepared for: Jeffco., Inc.. dated November, 1999 Prepared by: Dermot J. Kelly Associates, Inc. Dated: November, 1999 b) Report titled: Pre -and -Post Development Drainage Analysis Chatham Crossing Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844