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HomeMy WebLinkAboutSUPERCEDING DECISION klBoard Notice to APPLICANT/TOWN CLERK and Certification of Action of P��}tit�g on Definitive Subdivision Plan entitled: nkwirLUl',��} t [, DQLJpJti3Ze , Sj1hd13Z! zJnn MnJifJont-inn St. 11;11, By: Neve Associates dated OrtnbPr ? t� 1 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. 4. Other conditions: SEE ATTACHED: THIS DECISION SUPERCEDES THE ORIGINAL DECISION DATED DECEMBER 2, 1985 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. te _N , h AndoverPl' g Boardi(has D SAPP OVE1) s plan,^,,fo he follows ggs ns: NORTH ANDOVER PLANNING BOARD Date: February 29, 1988 By: PnuI A 14PfiQYrnm -r11 a4 IQ @Q -- FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN f . s���Nlsro�l M001 r-t c;f 77Cv OC T To the Planning Board of the Town of North Andover: � The undersignedt being the applicant as defined under Chapter 41t Section 81-W for approval of a proposed subdivision shown on a plan entitled PEFin i T7UE S'u,,pfV is ia1/ "0,01F1 C,+7-70 y Fra2 A6ee r7- ,577 77ZU-9T by 1VEUsoc/,472�5 dated 00rT 23, 19 being land bounded as follows: ILJ62THC91, �AS7�2��6 C4210 op at-105,4-MO J41-k5-1q Sr , So ztrHLy 8!1 it/ GvSK` L 715T uJE! T;;W- � C3 L�.0 oirl G iA2/� eT /�G 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 Page 46 ; or Certificate of Title No. s Registration Book , page ; or Others Said plan has(vy has not( ) evolved from a preliminary plan submitted to the Board of _ 119 and approved (with modifications) O disapproved ( on r 19 • 5ACo,6F-Fi hlnuE,5V,BolvlsroA/ 4pPr-ovff moody 66,Kv D/1-7-D: The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boardt 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 Surveyors 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. 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 plant 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 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: ign a of Applicant Time: Signature: Address Abbott '•;'i l l ao_e Estates Modification of a Definitive Subdivision Conditional Approval The following information shill be supplied to the Planning Board prior to the Board signing the plans to be filed with the Registry of Deeds Office: 1 . A Watershed District boundary determination by the Building Inspection Department for portions of lots 47 and 40 and Thistle Road shall be received by the Planning Board before any construction can occur within this subdivision. 2. The Planning Board grants the roadway length waiver- for Thistle Road (500 ' required , 1000 ' shown) based upon the following findings: a. The Planninq Board has consistantly sought the connection of Woodberry Lane and Thistle Road for reasons of public health , safety and welfare , which address the following concerns ; ( 1 ) allowing rapid access by emergency vehicles , (2) the extension of Town utilities into the Abbott Village Subdivision to provide a " loop system" , (3 ) allow the proper dissemination of motor vehicles from this subdivision to other locations within the Town rather than placing all the new traffic load on Abbott Street which is currently not constructed to Town standards . b . The Planning Board voted in its original cry decision for this subdivision in 1905 to p° require the connection of Woodberry Lane and Thistle Road as a condition of approval . LU o t The Planning Board feels that existing L, Ch within and adjacent to the -I,,- _ �,_.J 1 jig -,t N(r subdivision have not changed to any great o-� degree to warrant changing the original or'.o condition . Z ac .ez c . The Town has sought through court action the utilization of an easement placed on the subdivison of Woodberry Lane which was placed upon the subdivision by the Planning Board to connect with the property which contains the proposed Abbott Village Subdivision now before the Board . d , The Board finds that a reduced cul-de-sac length does not address public safety concerns by reasons of the following facts : 1 ) . topography of the site , 2 ) . potential wetland impacts, 3 ) . the shape of this parcel of land , 4 ) . the requirements of the R-3 Zoning District regarding the minimum lot area and frontage standard , and 5) other means of access by providing excessively long driveways , or common driveways do not resolve concerns of the public health , safety and welfare of the Town or the potential residents of this C= subdivision. da w e . The Board wishes to pursue the connection of Woodberry Lane and Thistle Road and the u0o1.0© Qa current design of Thistle Road allows the ?°�I-) # easy extension of the roadway into a single CS. ! 's thru road . However , until the connection to w:z-. i- a p0 o Woodberry Lane can be affected , the Board is y concerned with the length of the proposed dead end roadway in regards to water pressure and the excessive traffic existing onto Abbott Street from Thistle . The Board requires that a temporary cul-de-sac be constructed on -thistle Road at station 12-FO and that no roadway or lot construction be allowed beyond the cul-de-sac and no lots 43 to 52 inclusive will not be relived from the statutory covenant until the connection with Woodberry Lane can be affected . To this extent the cul-de-sac at station 10+0 will be removed and the street lines redesigned to a 50 foot width . 3. Periwinkle Way is classified as a minor street and shall be constructed with a 22 ' wide pavement section. The applicant shall provide an island which shall be landscaped and preserve the existing trees found in the area . The island and cul-de-sac shall be constructed according to the specifications of the DPW. 4. Nutmeg Lane shall be constructed with a 26 ' wide pavement section. Thistle Road will be constructed with a 26 ' wide pavement section. 5. Recorded plans shall be revised to show drainage elements with metes and bounds to include drainage to a waterway and include headwalls and detention ponds . 6. Realignment of the sewer easements shall be shown on the plans as required by DPW as follows : ( a) Sewers lines shall be placed within the Abbott Street right-of-way to the intersection of Thistle Road and then dorm Thistle Road right-of-way to the easement which connects the system with the e>, isting System located within the Woodberry Lane right-of-way . (b ) Exterrsi uris of the water arid sewer line shall be shown in the easement located between Thistle Road and Woodberry Lane . (c ) A sewer line shall run within the Periwinkle Way right-of-way . A sewer` line extension shall be shown running through lots 20, 21 , and 22 and connect with the sewer line GO within the Abbott Street right-of-way r cam : through lot 33. This easement shall be 20 ' o r� Ln wide . Q'iCD�`� _J J JQ'�. C' (d ) Due to the lack of detail and discrepancies LO 0 -! x on the plans and the required modifications � 7- I.-( required by the Planning Board , the Board G'Y Z Q may upon its own motion require an additional Public Hearing when revised plans have been submitted and reviewed by the Board . 7 . Temporary cul-de-sac easement language should be included . Note on the record plan that the Thistle Road may become a through street in the future under the Subdivision Control Law . At this time a temporary turnaround easement shall be placed upon lots 42 and 53. All pavement will be removed within temporary turnaround easements with the exception of driveway and services to dwellings on Lot 42 and 53 will be removed and the area loamed and seeded , upon extension of Thistle Road into Woodberry Lane, if approved . 8. Sidewalks shall be shown on one side of the roadway for both Thistle Road and Nutmeg Lane . The following conditions are to be placed on the recorded Definitive Plan , (cover sheet ) prior to endorsement and filing with the Registry of Deeds. 1 . Any changes as a r-e-,ult of action undertaken under M. G .L . Chapter 131 Section 40 or North Andover Wetlands Bylaw shall be submitted and reviewed by the Planning Board under a Definitive Modification Application . 2. All lot numbers shall be posted during construction. 3. Homes on common driveways in excess of 250 feet shall require residential sprinkler systems in accordance with NEPA 13D . 4 . A bond in the amount of $ 16 ,000 for the As-Built Plans shall not be released until approved by the Planning Board . 5. No Uertificate of Occupancy shall be issued for any structure built in this subdivision prior to the binder coat of bituminous pavement is in place and constructed as per- the plans approved by this decision. b. Prior to signing the Definitive Plans all executed deeds of easements shall be submitted to the Planning Board and held in escrow. Any changes in the easement shown on the plan and approved by this decision shall. be approved by the Planning Board prior to filing with the Deeds Office. 7. The applicant shall supply Bus Stop , traffic signs and roadway markings as specified by the NAPD. 0. The applicant shall improve the intersection of Abbott and Salem Street into a right angle design in accordance with the requirements of the Planning Board . Said improvements shall enhance the safety of 00 vehicles entering this subdivision. The applicant shall supply the Town with additional roadway � `�'J. -- easements and then construct the roadway improvements Ca' O Ln „ao:� ,_7 a per DPW standards subject to approved plans . C-) 9. All sewer and water facilities shall be constructed in "sa C) accordance with DPW standards subject to Planning a� a. g Cnk C:) ac Board approval . mod+ 10 . Tree cutting shall be kept to a minimum throughout the project in order- to minimize erosion and preserve the natural features of the site accordingly , the developer , in conjunction with a registered arborist shall submit a tree cutting and reforestation plan ( the plan is for areas of substantial cutting and filling ) to be review by the Planning Board . This plan shall explicity include specific trees to be retained . Also the developer shall inform the Town Planner when significant tree cutting is to occur in order- that the Planner (nay determine the need to he present . Tree cutting in the approved utility easements shall be kept to a minimum and within the easement . Any trees removed outside the easement lines will be replaced by the same species prior to lot release . 11 . The plans shall be revised to show construction details of all drainage control structures , box culverts and roadway retaining wall to be approved by the DPI. 12 . The topographic plans shall be revised in accordance with the rules and regulations to show all proposed dwellings and driveways with proposed grading and tree cutting associated with such dwellings . In addition , the topographic plans shall show all 1 ) pipe sizes and inverts for drainage work outside the roadway lines with exisiting spot elevations at wetland crossings , 2 ) all wetland replication areas in detail , 9 ) all detention ponds with existing and proposed spot elevations , 4 ) all grading associated with any drainage to be encompassed by an easement ( easement to be also shown on subdivision plans ) . 13, The revised intersection of hlutmeq and Salem Street will show detailed grading to insure proper matching of gutter grades with Salem Street and to insure against the creation of ponding areas . The drainage shall connect to a drain manhole on Salem Street . 14 . The catch basins outlet at station 9+50 on Nutmeg Lane, shall be shown. 15 . As-Built Plans will be submitted to the Planning Board on an as completed basis for all drainage facilities , water and sewer- and other utilities and the roadway binder centerline grade. The As-Builts for the utilities shall be prior to the binder coat being applied in the right--of-way . Such As-Built Plans shall be certified by a registered civil engineer and/or professional land surveyor that all aforementioned utilities are in compliance with the approved plans both in location and in grade . Any deviations will be corrected prior to bond release unless the design engineer can document that the deviation is at least as good or better than the approved plans. 16 No certificate of occupancy shall be issued for any structure built within this subdivision without the approval of the DPW . Such approval will include as a minimum that the roadway can be serviced in the winter months and that the water and sewer facilities are connected and can be used . 17 . All. hydrants to have six (6 ) inch water gates install within the pavement area of the roadway . 10 . There shall be no driveways placed in the location where catch basins or stone bounds are to be installed . It shall be the developers responsibility , to insure against such instance even if lots are sold to others after lot releases . Prior to the issuance of a Certificate of Occupancy, a certification from a Registered Civil Engineer and/or Professional Land surveyor shall state that the existing driveway serving the dwelling is not in a location where a catch basin exists or where stone bound is proposed . 19. There shall be installed 3-8" gate valve at each intersection of the subdivision roads with public roadways . p SO b , 31A 20 . -The developer shall document the mitigation of run-off from the site during a 10 year and 100 year storm, especially in those areas of Thistle Road and Nutmeg Lane onto Abbott Street and Nutmeg Lane onto Salem Street . Drainage computations will also be certified that existing off site drainage facilities are capable of accepting the additional storm run--off from the subdivision without causing flooding and/or damage to private property . The drain outlet on the South side of Abbott Street opposite Lot 30 requires a drain easement as well as topographic details to its outlet areas. Likewise the existing drainage on Rea Stree .t to the "unknown brook location" shall be documented . 21 Lots 25, 26 , 27 or other suitable lots submitted by the applicant and accepted by the Planning Board shall be set aside as a part: and not built upon for a period of three ( 3 ) years without Planning Board approval . This condition is in accordance with M.G. L. Chapter 41 , Section 91U 22. Prior to construction the applicant shall submit a detailed construction plan and schedule to the Planning Board prior to starting construction of the subdivision . The following plans shall be deemed approved by this decision PLANS: Entitled Definitive Subdivision Modification of Abbott Village Estates , sheets 1 thru 13 . PREPARED BY: Thomas E . Neve Associates DATED: October- 23 , 1907 8t' AA so N�hOUt?y N1.NON ��5�`lJ Nh10l.