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HomeMy WebLinkAboutMiscellaneous - Exception (505)t Notice to APFLICkW t,joa CI EF and ;ertffication of Actin. } )f Flsnnn._ng Board on ✓efiniti've Subdivision P� titled: Coventry Estates - phase II By: Beta International Inc. dated August 41 _t 19 86 FR J. 8 '17 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 ounicipal 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 respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this B=ard, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without, -the prior consent of said Board of Health. L. Other conditions: See attached pages. in the event that no appeal shall have been taken from said approval within twenty days from this date, the ?forth Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. NORTH ANDOVER PLANhEM BOARD Date.: April 30,E 1987 By: Erich W._Nitzsche, Chairman w zi Notice to APP _ ..rfi CI :E��y yCeTt.ificetion of Ac, ..... of Planning Board on i1G] lYtltAt'Y�II;JVAlt UPPhkff BU a7 --_ -- — — — To the Planning Board of the Town ibf* Nbrth*Akdover: sl—i ° o �e T , P�cB� rsltgp€t3�1 .sq� EfJo�o the 'proposed subdivision shown on a plan entitled Cov$ptah9ttthesrec?mss,owil�--rbg of the =ub ject land forthwith execute and record by aBerVIR9�ngg_97�49 WW the land", or otherxisedg qXidS 1%curity for the con— paL s ub— bei djo .tZ W 18lialof North Andover Assoc. ; on the west by the Town Farm, Bear Hill Subdivision and land of Tymlakiewiz; on the Bout' G. 11ldL M I I .7111:11 C:V113V1"UUT,.L 111 Ziil':1 ,1J1U1LU-"CLirLV117 Wld11 .L[1 a" 1" tipcUub byegSe;thLa -Shter��i l�lr,� Essex County Greenbelt hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulatps TttheS� zi W b QBR � vffdB8QsofPRW94�9Fi ttst42port toAssoc . �Wa �lio;oY-lsgbther structure shall be built or placed upon Lots No. as shown on said Plan without the prior TitktrF41REr%"cC'�, "e3ff3N� "Book 1186 Page 363 ; and Certificate of Title No. 36903 Registration Book page ; or 4. Other CV?7 Tors: and 41067 Said plan has(x )-hes--net+ )- evolved from a preliminary plan submitted to the Board of January 22 19 86 and approved (with modifications) (x ) disapproved ( on April 2 t 19 86 The undersigned hereby applies for the approval of said DEFINITIPE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the . Board of Health, and all general as well as zoning by—laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2• 4 {WRQ ai:oMtgpoalhohalteOt4,eOb--W40316 ft= s sin $��5�,5®ii+tv4ro1 'th e'@ai'sar� ��igEpg, profiles and cross sections of the same. Said plan, profiles, cross sections and construction iapxci.fiLaat4osis* are* spegigivally, *by selevescs, *iscerpom-beck herein end ted& a part of this application. This application and the covenants and agree— ?fft9DPffeAi M44tt ado%a*41bR#RkTJP.('Vxl01' Calow g IS grantees of tfie whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: L ,Sigaature of Applicant Time: Sign���p 100 Lindbergh Ave., Methuen, MA 01844 Addreir: Notice to APPL1t;AN1/T""' VL.ft& ana Uert=lCatlon or Arta on oY r.Lanning tscara on Definitive Subdivi Plan entitled: Christmas Tree Estates 'By: Christiansen & Sergi dated August 3, 1993 9 19 ,v 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 respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. k. 'Other.conditions: Q ' rn c� _ o CJ'-`' 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 North Andover Planning Board has DISAPPROVED said plan, for the following reasons: JAI Date: December 7, 1993 FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN REC=_IYED DANIEL L�I NG TOWN C; nl_,K August 6 NORTHIr q gaR To the Planning Board of the Town of North Andover: AUG g 8 17 M '33 The undersigned, being the applicant as defined under Chapter 41., Section 81—L, for approval of a proposed subdivision shown on a plan entitled "Christmas Tree Estates" by Christiansen & Sergi, Inc. dated 813/93 being land bounded as follows: Westerly by So. Bradford St.: NerthPrl; easterly & southerly by land of Essex Green Belt hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to -the Board for approval of said plan. Title Reference: North Essex Deeds, Book 3517, Page 287.; or Certificate of Title No. , Registration Book , page_; or Other: Said plan has( ) has not(X) the Board of 19 disapproved ( on evolved from a preliminary plan submitted to _ and approved (with modifications) ( ) —� 19 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees in-th the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Departmer_t, the Highway Surveyor, the Board of Health, and all general as well as zoning by—lags of said Town, as are applicable to the installation of utilities within the limits of Kays and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall. be binding upon all heirs, executors, administrators, successors, grantees of the trhole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: Time: Signature: (� G f Si ture of Applicant AgEnitfor White Birch Construction 380 Essex Street Address Laurence, MA 01841 Christmas Tree Estates Definitive Subdivision Conditional Approval The Planning Board herein approves the 5 lot Definitive Subdivision, with the fifth lot designated as open space. This Subdivision Approval was requested by White Birch Construction, Co., Inc., 380 Essex Street, Lawrence, MA on August 9, 1993. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated August 3, 1993 include 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. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. b. A detailed construction schedule must be submitted as part of the plans. C. 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 #3(c). d. Right of way dedication easements for the proposed roadway shall be provided to the Planning Office an must be recorded at the Registry of Deeds. 1 0`e A 10' roadway easement along South Bradford Street to 1 the end of the property line must be granted to the Town to create a 50' foot right-of-way. Documents to this effect must be reviewed by the Planning Staff. fX The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. g. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1(b). h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material. 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. Endorsement of the plans is proof of satisfaction of the above conditions. 2. Prior to the start of construction: The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. 3. Prior to any lots being released from the statutory covenants: a. 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. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. 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, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans 2 4. approved as part of this conditional approval. Items covered by the Bond may include, but shall not be limited to: i• as -built drawings ii. sewers and utilities 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 IAn escrow fund must be set up over finishing South Bradford Street t to the ed a cost of property line. See Condition 14(a). edge of the e• All proper documents and easements required through Condition 1 shall be in place. Prior to a FORK U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: The applicant must submit to the Town Planner proo that the FORM M ref+erfb-d— o in Condition 1(e) abovef was filed with thegR...�egistry of Deeds office b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds must be submitted to the Town Planner as stamps proof of filing. C. A plot plan for the lot in question must be submitted, which shows all of the following: i• location of the structure, ii. location of the driveways, 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, and vii. all required zoning setbacks. d• All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 3 f. The lot in question shall be staked in the field to show the location of any major departures from the record plan. The Town Planner shall verify this information. The proposed layout shall be in conformance with the recorded plans. g. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of Occupancy being issued 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. All slopes on the lot in question shall be properly stabilized, as judged by the Planning Staff. 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 owners expense if such driveway is at a catch basin or stone bound position. f. The Planning Board reserves the right to review the site after construction is complete and require added site screening as necessary and reasonable. g. The site must be raked, loamed and seeded or sodded. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: 4 a. An as -built plan and profile of the site shall be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. 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. C. The Town Planner shall ensure that all planning, conservation commission, board of health and department of public works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d. Monuments shall be set on the exterior street line as required by Section 7(P) of the Subdivision Rules and Regulations. e. Two to two and one half inch caliper (2-2.511) street trees are to be placed every fifty (501) feet along both sides of all new roadways. f. The existing cul-de-sac must be removed and the area loamed raked and seeded. A standard roadway cross- section must be established. 7. 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 will review any entrance structures. 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 material on site. 5 construction 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 12. 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. 13. The following waivers from • the Rules and Regulations Governing the Subdivision of Land in North Andover, MA have been granted by the Planning Board: a. Section 7(A)(d): the requirement of paving South Bradford Street to the exterior boundary has been waived. Paving to the exterior boundary would require an excess amount of grading and would affect the rural character of the parcel. The Board has determined that development along South Bradford Street will not happen in the near future thus there is no need to pave to the boundary at this time. The developer must instead place in escrow an amount equal to the cost of that construction of the roadway to provide for potential future expansion. The amount will be established by the Planning Board upon a recommendation from the Division of Public Works. The escrow fund is to be retained by the Town for use in its sole discretion. b. Section 7(D): the requirement of sidewalks has been waived as there were no sidewalks required for the existing section of South Bradford Street. In lieu of sidewalks the developer is encouraged to donate to the sidewalk fund an amount equal to the cost of constructing sidewalks along one side of the roadway. 14. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4.125, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Definitive P.R.D. Subdivision Plan Christmas Tree Estates located in North Andover, MA Prepared for: White Birch Construction, Inc. 380 Essex Street, Lawrence, MA Prepared by: Christiansen & Sergi 160 Summer Street, Haverhill, MA Dated: 8/3/93, rev. 11/8/93 0 1 w Sheets: 1 through 5 Scale: as noted on plans CC. Conservation Administrator Director of Public Works Health Administrator i Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Christree.Subd 7