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HomeMy WebLinkAboutMiscellaneous - Exception (608)w Notice to APPLICANP/TOKN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: _ 'White Birch Estates By: Environeers, Inc. dated April 30, 19 92 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"p 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. 41t 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 Boardq 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. 4. Other conditions: See Attached Conditions c fT'�= In the event that no appeal shall have been taken from said approval within twenty days from this dater the North.Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. Dates August 4, 1992 NORTH ANDOVER P LARD BY: George Pera. Chairman r e % FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—Lt for approval of a proposed subdivision shorn on a plan entitled Ig by by n n v� �t��, = r' �!+1� dated being land bounded as follows: /3ti rW %JC �//� L c N r L Ari D �l ��c . n i TH eF ,<VZ CTE2S r)"- iflE AAI,- PV -r ���,' IVL A«,�o f T 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. L(0 1 -5S-3 Title Reference: North Essex Deeds, Book �__, Page L4 114 ; or Certificate of Title No. _, Registration Book_, page ; or Other: Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of 19 _ and approved (with modifications) ( ) disapproved ( on , 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 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 utiliti6s within the limits of ways 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 apecificallyp 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, exacntors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid years from the date hereof Received by Town Clerk: Dates Time: Signature: - - ms's_s ,-x Address L-,c-�Lu re��, J � 1 WHITE BIRCH ESTATES DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL. 1. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification to the Department of Public Works by a Certified Professional Engineer shall be required prior to the issuance of a certificate of occupancy. All drainage facilities including detention basins, shall be V constructed and erosion controlled prior to any lot release. 3. An as -built plan and profile shall be submitted for review and approval. A certified interim as -built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. 4.� All Planning Board order of conditions are to be placed,_upon the recorded Definitive Plan, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 5. All lots shall have received all necessary permits and approvals from the North Andover Board of Health and L" Conservation Commission. 6. All catch basins shall be protected with hay bales to / prevent siltation into the drain lines during road l' construction. 7 No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8. No underground fuel storage shall be installed except as may ,_"_�e required by Town Regulations. 9. Lot numbers shall be posted prior to any lot receiving a L/' permit to build 10. Permanent house numbers will be posted on dwellings prior to occupancy. 11. All lots shall have residential fire sprinklers installed v/ prior to the issuance of the Certificate of Occupancy, per order NAFD. I . . 4 12. Prior to construction, a stop sign shall be placed at the / intersection of Bradford Street and the proposed ✓ access road. Per order N.A.P.D. 13. The Board considers this roadway to meet the definition of a inor Street as found in the Rules and Regulations Governing the Subdivision of Land, Revised 1989. The applicant will be required to conform to all specifications for Minor Roadway construction. 14./Prior to any lots being released, Bonds shall be posted to t,/ensure constructi m letion of roadways and other pertinent public ame These bonds shall be in an amo s e ermined by the Planning Board and shall be in the form of a Tri -Party Agreement, or Pass Book. 15. The roadway shall provide sloped granite curbinq for its L` entire length on both sides. All sidewalks shall be 5 feet in width. ----- 16. This Definitive Subdivision approval is based upon a Special Permit granted in accordance with sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw, dated 8/17/92. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: Plans entitled: WHITE BIRCH ESTATES A Residential Single family Dwelling Development Dated: April 30, 1992 Rev. Sheets: 1-7 Prepared By: Environeers, Inc. 160 Pleasant Streets P.O. Box 516 North Andover, MASS 01845 Any changes to the above referenced Special Permit or the record plans may be subject to Modification under Chapter 41 of the Massachusetts General Laws. cc: Director of Public Works Board of Public works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer i 1 � F.� RECEIVED DANIEL LONG APPLICATION FOR APPROVAL OF DEFINITIVE PLAPITON LZK NORTH 'ttt�OVER 8/20 , 1993 H� To the Planning Board of the Town of North Andover: The undersigned, being theapplicant as defined under Chapter 41, , 81—L, for approval of a Proposed subdivision shown on a plan entitled Section "White Birch II" _h�tianG ,4 Cproei T_ nr dated 8/13/93 by ( being land bounded as follows: IYnr * h_i ;r h;i u�h w—,a Ric. -Este •h--� , e rI v h_e Kansen', southerly by Barker Street Realty Trust & George Barker, westerly by Lawrence Alco Reaoty Trust— 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 11_ 33 , Page 2279—,; or Certificate of Title No. _, Registration Book _, page____; or Other: Said plan has( ) has not( ) evolved from a preliminary plan submitted to the Board of _19 and approved (with modifications) ( ) disapproved on : 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. North Andovert upon approval ofusaid DEFINIher TIVE plants and by with the Town ofthe Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyof or, the aid Town, Board of Health, and all general as well as zoningby—laws as are applicable to tie installation of utilities within the limits of ways 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 Dart of this application. This application and the covenants and agree— ments herein shall be binding upon agree— all heirs, executors, administrators, successors, grantees of the who Le or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid i,nstalla years from the date hereof. Received by Town Clerk: Date: Time: Signature: constructio;�'wiy n two (2) 1"cant 2��t white irch Construction 380 Essex Street Address Lawrence, IA U164 t White Birch II Definitive Subdivision Conditional Approval The Planning Board`, herein approves the 10 lot Definitive Subdivision, with lot 10 designated as open space. This subdivision approval was requested by White Birch Construction, Inc., on August 27, 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 13, 1993, rev. October 12, and November 8, 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 prepared at the applicant's expense and provided to the Planning Office. e. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the 1 subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. f. 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). g. All application fees must be paid in full and verified by the Town Planner. h. 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. i. Sidewalks must be added to the street detail. j. The boundary lines of Lot 1 need to be changed to eliminate access form Cherise Circle. 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. 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, 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 dart of this conditional approval. Items covered by the Bond may include, but shall not be limited to: 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, 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. f. The lot in question shall be staked 'n 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. a. Lot numbers, visible from the roadways must be posted on all lots. i. as -built drawings ii. sewers and utilities roadway construction and maintenance iv. lot and site erosion control V. site;'�creening and street trees vi. drainage facilities vii. site restoration i viii. final site cleanup d. All proper documents and easements required through Condition 1 shall be in place. 4. Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition i(e) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as 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, 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, 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. f. The lot in question shall be staked 'n 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. a. Lot numbers, visible from the roadways must be posted on all lots. S. 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. All lots must be raked and seeded or sodded. f. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsii:3.ility 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. g. The Planning Board reserves the right to review the site after construction is complete and require added site screening as necessary and reasonable. 6. 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 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 iPlanner 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 ail 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. q- e. Two to two and one half inch caliper (2-2.511) street trees are to be placed every fifty (50') feet along 2 both sides of all new roadways. f. Sidewalks are to be constructed along one side of the roadway. 7. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Condition must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. S. 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. 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. The applicant must comply with the Phased Development Bylaw, Section 4.2 of the Town of North Andover Zoning Bylaw. 11. There shall be no burying or dumping of construction material on site. 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. 15. The following waivers have been granted by the Planning Board: Section 7(A) (1) (d) : No provision has been made -to continue the street to adjacent parcels as the adjacent' parcels are separated from this parcel by steep slopes and a stream, making any future connection unlikely.' 16. 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 White Birch II 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 Scale: as noted Sheets: 1 through 5 Dated: 8/13/93; rev. 10/12/93; final revision 11/8/93 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File WBirchII.Subd