Top Banner
emorandum 6131 .1#7.01,2MONLIMMEira....11,01,111=MV.W.MMI To: Douglas Planning Board cc: Lou Tusino From: William J. Cundiff, P.E. Date: June 10, 2013 Re: Cardinal Drive Modification (Ballou Subdivision Plan) The Planning Board has requested that a review of the comments made in a letter submitted by the Applicant and dated April 23, 2013, be made in order to determine the status of the construction of the above referenced subdivision project relative to Dogwood Lane. 1) "In 2003 a subdivision plan was presented to the Douglas Planning Board for review that showed 3 lots under a 2 lot subdivision plan.": The 2003 Subdivision Plan approved 2 lots and 3 non-buildable parcels of land. This is indicated on the endorsed plan sheet 5 of 5 (plan book 799, plan 112) where Parcel A is labeled "Not a Separate Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval in their entirety and states: "Appropriate documentation (ie. restrictive covenant, deed restriction) shall be provided indicating that Parcel A, Parcel B, Parcel C, Lot 1 and Lot 2 shall not be further subdivided in perpetuity to create more than a total of two buildable lots (ie. Lot 1 and Lot 2). The form of the document shall be provided to and approved by Town Counsel prior to the issuance of a building permit." The Deeds do contain language to that effect, however, it is unclear whether or not Town Counsel reviewed and approved the specific language. 2) "On August 26, 2003, the Plan was approved and signed with the requirement that Dogwood Lane and Cardinal Drive were to be paved and improved with utilities, drainage within a certain time period after the approval. These improvements were never done.": The Drawings, as approved, showed the following: 1
23

emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Mar 25, 2018

Download

Documents

LamPhuc
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

emorandum 6131 .1#7.01,2MONLIMMEira....11,01,111=MV.W.MMI

To: Douglas Planning Board

cc: Lou Tusino

From: William J. Cundiff, P.E.

Date: June 10, 2013

Re: Cardinal Drive Modification (Ballou Subdivision Plan)

The Planning Board has requested that a review of the comments made in a letter submitted by the Applicant and dated April 23, 2013, be made in order to determine the status of the construction of the above referenced subdivision project relative to Dogwood Lane.

1) "In 2003 a subdivision plan was presented to the Douglas Planning Board for review that showed 3 lots under a 2 lot subdivision plan.": The 2003 Subdivision Plan approved 2 lots and 3 non-buildable parcels of land. This is indicated on the endorsed plan sheet 5 of 5 (plan book 799, plan 112) where Parcel A is labeled "Not a Separate Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval in their entirety and states: "Appropriate documentation (ie. restrictive covenant, deed restriction) shall be provided indicating that Parcel A, Parcel B, Parcel C, Lot 1 and Lot 2 shall not be further subdivided in perpetuity to create more than a total of two buildable lots (ie. Lot 1 and Lot 2). The form of the document shall be provided to and approved by Town Counsel prior to the issuance of a building permit." The Deeds do contain language to that effect, however, it is unclear whether or not Town Counsel reviewed and approved the specific language.

2) "On August 26, 2003, the Plan was approved and signed with the requirement that Dogwood Lane and Cardinal Drive were to be paved and improved with utilities, drainage within a certain time period after the approval. These improvements were never done.": The Drawings, as approved, showed the following:

1

Page 2: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

June 11, 2013

Dogwood Lane Cardinal Drive

Proposed Existing Proposed Existing

Pavement

Portion

20' Long Apron

22' wide

2 1/2" Asphalt

12" Gravel Base

Entire

Driveway

Paved (approx. 10'

wide)

20' Long Apron

18' wide

21/2" Asphalt

12" Gravel Base

None

Gravel

Portion

22' wide

12" Gravel Base

— 15' wide

Paved 12" Gravel

Base

18' wide

12" Gravel Base

Existing

Gravel Driveway

Waterline 1" Polyethylene

Water Pipe

Installed per

Water Dept.

1" Polyethylene Water Pipe

None

Drainage None None Swale to Catch Basin to Street

None

3) "On September 25, 2005, the planning board was presented with an ANR plan which created an additional 2 lots to this plan which resulted in a 5 lot subdivision.": The ANR Plan (Plan Book 846, Plan 23) referenced did not create an additional two lots. This Plan was a "Land Swap" plan which simply resulted in re-configuring the boundaries for the original two lots, Lot 1 and Lot 2, to create two revised lots designated as Lot 1R and Lot 2R.

Original Lot 1 = (Parcel a + remaining Land of Lot 1) = 6.55 Acres Lot 2 = (Parcel p + remaining Land of Lot 2) = 7.53 Acres (Total: 14.08 A)

After ANR Plan. Lot 1R = (Parcel f3 + remaining Land of Lot 1) = 4.09 Acres Lot 2R = (Parcel a + remaining Land of Lot 2) = 9.99 Acres (Total: 14.08 A)

4) "At the time of the i st subdivision approval, one of the requirements was to have town counsel review the verbiage to be added to each deed of the approved lots. This was not done.": As indicated in the condition recited in item number 1 above, Town Counsel review of the deed language was a requirement. A review of the file does not show any evidence of a review by Town Counsel of this deed language.

2

Page 3: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Attachments

1— Existing Lot Configuration / Assessors Map.

2 —Aerial Photo with Property Boundaries.

3 — Dogwood Lane as constructed.

4 — Cardinal Drive existing condition.

5 —Approved Subdivision Plan Sheet 1 of 5 (Conditions).

6 — Approved Subdivision Plan Sheet 5 of 5 (Parcel A - Not a Buildable Lot).

7 — Deed for Lot 1R with restriction about further subdividing the lot (Dogwood Lane - Bk 42872 Pg 184).

8 — Deed for Lot 2R with restriction about further subdividing the lot ( Cardinal Drive - Bk 42078 Pg 327).

9 — ANR Plan reconfiguring the 2 lots.

10 —Waivers granted as part of the subdivision decision.

Page 4: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

0 D169 Sf

10 0000 SF

V .41104 5/ • 1.864 Ac

\ 4

• 6ri

6 33

3.138 Ac

3.18 Ac

234 . c.

6 14.66 AcC

O

C,,,

Amoik,

1

EXISTING LOT CONFIGURATION

®

Page 5: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

1

Page 6: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval
Page 7: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval
Page 8: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

I

I

I

lil

15 -g

oE

AP'g g t

=15

14,1.1

Tahl

I 2

II 1 I I I 11 ti I I 1 I I 1 I I I I 11 g 11 I

& 8 I II 11 I al 1 I II I' I I it t 4 2 i I i I Ill I foil J I

I 1 1 I I 101 I ij limp 1111010i II l'1111111.1 K, II 11111i

41,1 i f il l if i .1 .11 • 2 1 4 !di 41.1 ti I I

p Ali 11; To 11 ri0 11 1 I 1

I Oil 11"111111I11111

110111011.110/110!Ihrdnh

1 jib /

t 10 I I• toi I II i hit I II III

4 11 ;if

I I s ; 1. J ft, a 11/ Iv ig

1 I 1 p PE p :I 11 . 1 I id' I w ollifillthq11 . of pi i

,t

I ilto ei I it ; it 11 1 I )1 I I 1 id; pi 1 4 111 118 111 11 .

I 1

1 I Ii I

1 a

I 1 A I ri 111' ill I O Hai 11

1 I 111 IV 1111 1 1 II II it 1111 r .§1Ipi

IN it I hp, ill

a

cci 'Co;

1 i I 3, 1 1

1 I i I i1 I I 1 1 1

I I i 1 I Ili

I I f a ii i

1 i I 1 l i 9 I POI I i il il

. i I I, I h ‘i WO Ai lazi 1 1101 110 i i 1 il i IL il t 4 I 1 ' 1 1 111 I I

11/ ' h 1 H 1 11 10 1 I 1111 I I ' di Ih

I

i E I A. i I 11 D I

, .= II ti 11 0 I if If iii 3 i t 1 A I fi . 1 ji I

I 1, 4

z . I 1

1 1 1 iii 0 Li b 4 1 41 d i 1 4 p ' q}' 1 p i t 1 i s 11 ii Oil i'd 1 II t ji i x l i l ii 11 Isi l i il I 11 IP Iii IP II till 11 i li III !fil 1111 i 111 thi

!ill al li li ll II I .fil ill hi d I ?.!, alai 4 !II al iailidii I 0 1 al li

Page 9: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

nq ,,,,teatl.t8/6,4"0

a

40

4:0001

al F05-1V-

stiokeT-

a ktiVON'9

'W°°a • g.•

P • it. p..#0,02

‘lq" Pp.13c rwv, a

'300} r. "

0 F,6 ts-6

a . 001P°6

• ki.1 3\00.0 • t. •

todi>6.0N4vi kt."2.3iC'41',,4. .40* 01

1 *If# 7AA W16 410 P, ISO

a

• k2

1 fooN4s

1014§ dgkt

4mahwl ibs 000°

;V°

• 36 a t

.,„,N#

*--)07.

• ■

)00# fr9 o# 109 )esi

• / 00

• p,41 WF#kel2

'WO/ 04. PeA4 SI 06

F# Pq6

dle .J.PrfteardW.

+1,11

fr5i

WON'

Page 10: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Bk 42872 Pg: 184 Page: 1 of 3 06/23/2008 11:28 AM WD

Bk: 42872 Pg: 184

GO" IR

Vo4k)coe0

MASSACHUSETTS EXCISE TAX Worcester Plattlot ROD #20 001 Date; 06/23/2008 11:28 AM COO 074928 22690 Doo# 00087930 Fee: $2,282.28 Cons: 000,500.00

MASSACHUSETTS QUITCLAIM DEED

I, DEVIN F. BROWN, of 4 Dogwood Lane, Douglas, Worcester County, Massachusetts

for consideration paid, and in full consideration of FIVE HUNDRED THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $500,500.00)

grant to

0 THINNAKONE SOUPHIDA and SOKHARY SOUPHIDA, husband and wife, as tenants by the entirety, of 4 Dogwood Lane, Douglas, Worcester County, Massachusetts

0 (2. with quitclaim covenants the following described premises:

0 A certain parcel of land situated in the town of Douglas, Worcester County, Massachusetts. Said parcel is shown as Lot 1R on a plan entitled "Plan of

t=4 Land in Douglas, Massachusetts, prepared for Orbison Corp. by Heritage Design Group, dated September 6, 2005" and recorded with the Worcester District Registry of Deeds in Plan Book 846, Plan 23.

Lot 1R is conveyed together with Parcel B, also named Dogwood Lane, shown on said plan as a 50' wide private way "To be in common ownership with Lot 1. To be private in perpetuity as shown on Plan Book 799, Plan 112" subject to the terms, provisions, rights, easements, restrictions, and obligations shown on Plan Book 799, Plan 112, including but not 1 Dogwood Lane remain a private in perpetuity; Lot 1R shall not be further

0 P61

Rt-loyn 4v! lAinmik.,k'oite.Sirve41:14. Zoquota I-44-c.

, )444

Page 11: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Bk: 42872 Pg: 185

subdivided in per •etuity; (3) Lot 1R and Parcel B shall be held in common owners ip in perpetuity; and (4) the Town of Douglas shall be allowed adequate access, as necessary. Parcel B is also conveyed subject to the terms, provisions, rights, easements, restrictions, and obligations shown on Plan Book 846, Plan 23, including but not limited to the rights and easements of the owners of lot 2R and all others, entitled thereto, including the Town of Douglas, to use Parcel B for all uses as streets and ways are commonly used within the Town of Douglas.

Lot 1R is conveyed subject to the easements and access and utility easements and matters referenced or shown on Plan Book 799, Plan 112 and Plan Book 846, Plan 23 and existing utility locations running from West Street to Lot 2R.

The owner of 1R shall be solely responsible to maintain, at its expense the common driveway on Parcel B until such time as Lot 2R is built upon and sold by the Grantor to a new owner; whereupon the new owner of Lot 2R and the owner of. Lot IR shall split equally the cost of maintaining so much of the driveway on Parcel B as is used in common (from West Street to the area where the common driveway splits off to each of the Lots).

Being the same premises conveyed to the within Grantor see deed recorded with the Worcester District Registry of Deeds at Book 39509, Page 394 on August 2, 2006.

Witness my hand and seal this Oday of 2008

Devin F. Brown

Page 12: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Notary Public: My Commission Expi s: ✓

:a = S.*

Bk: 42872 Pg: 186

COMMONWEALTH OF MASSACHUSETTS

Worcester, ss.

On this V.-0k day of Mith..x.il , 2008, before me, the undersigned notary public, persohally appeared Devin F. Brown owed to me through satisfactory evidence of identification, which was a [ assachusetts driver's license or [ J , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose,

AT1EST: WORC. Anthony J. VigliolU, Register

Page 13: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Bk: 42078 Pg: 327

Eik: 42078 Pg: 327 Page: 1 of 3 11/18/2007 03:41 PM

zpr piellig

MASSACHUSETTS EXCISE TAX

Worcester District ROD #20 001 Date: 11/18/2007 03:41 PM CtrI# 070320 12100 Door/ 00148694 Fee: $012.00 Cons: $200,000.00

QUITCLAIM DEED

Orbison Corp. a Massachusetts corporation with a usual place of business at 28A Riedell Road, Douglas, Worcester County, Massachusetts in consideration of TWO HUNDRED THOUSAND AND 00/100 ($ 200,000.00) DOLLARS

grant to

of

Sung W. Gray and Judy A. Gray husband and wife as tenants by the entirety

76 Southwoods Drive, Uxbridge, MA 01569

ca

0

ca

r-1

c.;

a) C.)

gt4

c:1 ea 1=4

)-1

with QUITCLAIM covenants

PROPERTY ADDRESS: Lot #2R and Parcel C, Cardinal Drive, Douglas, MA

Two parcels of land, situated on Cardinal Drive, Douglas, Worcester County, Massachusetts being shown as Lot 2R and Parcel C on a plan entitled "Plan of Land in Douglas, Massachusetts, Prepared for Orbison Corp., Scale: 1"=60', September 6, 2005" and filed with the Worcester District Registry of Deeds in Plan Book 846, Plan 23.

Lot 2R contains 435,168 square feet, more or less, according to said plan.

Parcel C (Cardinal Drive) contains 23,416 square feet, more or less, according to said plan.

According to said plan, Parcel C (Cardinal Drive) to be in common ownership with Lot 2 (now Lot 2R) to be private in perpetuity as shown on plan in Plan Book 799, Plan 112 and said premises shall not be further subdivided, (See Exhibit A attached).

This conveyance does not represent a sale of all or substantially all of the assets of Orbison Corp.

-77-&Aii ■

._.. 7, J

G,(4/00-3 ._o/ /f.f, 0,4g-22/3) r

Page 14: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

resident an Treasurer

(N.'s=

OFFICiAL S EAL

I

HAPPY R KOTSEAS

COMmoNwEAuk OF MASSACHUSEVS

NOTARY PUBLIC

My Comm. Expires Apr, 3,2009

Bk: 42078 Pg: 328

BEING a portion of the same premises conveyed to the grantors by deed dated September 10, 2003 and recorded with the Worcester District Registry of Deeds in Book 31639, Page 213 and Book 34799, Page 363.

Executed as a sealed instrument this 2nd day of November, 2007.

COMMONWEALTH OF MASSACHUSETTS

Worcester County, ss.

On this 2nd day of November, 2007, before me, the undersigned Notary Public, personally appeared the above-named Daniel J. Heney, proved to me by satisfactory evidence of identification, being a Massachusetts driver's license bearing a photographic image, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily for its stated purpose, as the duly-authorized President and Treasurer of Orbison Corp.

Harry P. Kots a 'otary Public My Commission Expires: April 3, 2009

Page 15: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Bk: 42078 Pg: 329

EXHIBIT A

Deed Restrictions for Lots on Plan in Plan Book 799, Plan 112.

1. Dogwood Lane (Parcel B) and Cardinal Drive (Parcel C) as shown of said plan shall remain private ways in perpetuity.

2. Parcel A, Parcel B, Parcel C, Lot 1 and Lot 2 as shown on said plan shall not be further subdivided in perpetuity to create more than two buildable lots (ie. Lot 1 and Lot 2).

3. Lot 1 and Parcel B as shown on said plan shall be held in common ownership in perpetuity.

4. Lot 2 and Parcel C as shown in said plan shall be held in common ownership in perpetuity.

ATTEST': ORO. Anthony J. tgliottl, Register

Page 16: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

PARCELS (DOCW000 LANE)

3E1914 Not It 0-436 acres

TO DE IN COMMON OWREPSH/PWITH LOT 1.

TO BE PRIVATE IN PERPETUITY AS SHOW ON P13 709 PL1 /2

THIS PLAN HAS BEEN PREPARED CONFORMITY ANN TON RULES AND REGULATIONS OP INS REGISTRY OF DUDS IN THE COMMONWEALTH OF 1.11ESACEDI5ETTS AND DI COMPLIANCE TOTE TTIE RISES AND REGULATIONS FOR THE PRACTICE OF LAND SURVEYING IN THE COIDIONWEASTH OF MASSACHUSETTS =ER RULES AND PEGUTATIONS: 250 CUR 6.00. THIS CERTIFICATION TS INTENDM TO AMIT THE 0139210100ENI5

OF THE REGISTRAR OF DEEDS AND TS NOT A CERTIFICATION OF THE TITLE OR OWNERSHIP OF THE LAND SHORN HEREON.

ACCESS surtrry EASEMENT 550462 sPPA

DATE OLIAND E SHAW PIS

WORCESTER DISTRICT REGISTRY• OF OEED •WOR0E5TIN3, MA

PLAN EIDCM.,Eak_PLAN..2.1, Flontes. .48 o 7• ■5

WM Doc. In BOOK PAGE_ Foe

ATTEST:

/ p Kg

Kt:sr Ptuuc,„„4-grr wzm/

• LOCUS MAP (NO SCALE)

PARCEL 'A' 1723384fIE

2E1 aces

12' WIDE DRAWL DRIVEWAY

NM:

T. PARCEL *A • TO BECOME AN UNDIVIDED PORTION OF LOT 2 TO CREATE LOT 2R NTH A TOTAL AREA OF 9.99 ACRES.

2. PARCEL. TO BECOME AN UNDIVIDED PORTION OF LOT 1 TO CREATE LOT 1R WITH A TOTAL AREA OF 4.09 ACRES.

3. NO VARIANCES OR SPECIAL PERMITS HAVE BEEN GRANTED BY THE ZONING BOARD OF APPEALS RELATING '10 THE LOTS SHOWN.

4. NO CULVERTS FOUND ON DOGWOOD LANE OR CARDINAL DRIVE, ALONG FRONTAGE OF PROPERTY.

5. THERE ARE NO SLOPES GREATER THAN 10% BETWEEN 11 IE STREET UNE AND THE FRONT SETBACK LINE OF THE LOTS SHOWN.

6. WETLANDS DELINEATED BY ECOTF.C, INC. ON SEPTEMBER 12, 2002 AND RE-INSPECTED ON FEBRUARY 13, 2003.

7. ■ -DENOTES PROPOSED CONCRETE BOUND.

IMF /MAY E.ORLEY &LEVERET!'

?MP 171 PARCEL15 zr

1.436.72 NOT 4420.00

ROBERTA,- RUSROWSIO MAP 171 PARCEL 14

• THIS PLAN MODIFIES LOTS 1 Sc 2 AS SHOWN ON PLAN BOOK 799 PLAN 112, RECORDED IN THE WORCESTER DISTRICT REGISTRY OF DEEDS. ALL CONDITIONS AND WAIVERS US TED ON THE ABOVE REFERENCED PLAN REMAIN IN EFFECT.

GRAPHIC SCALE 60 0 30 60 120

R FEET ) 1 U. ••• 60 ft

HERITAGE DESIGN GROUP

PLANN.E, .9..2vEYORG • ENSOOPERS Corn-o4451000-

voIhrsvala 8-45.0.404100115 OCAS 'at 3060662066 -PAR 028,066.0.6/

BEING A DATA Mos- ormacfM0.01

ORB1SON CORP. 17 ROSTON AVENUE

UXBRIDGE, MASSA:3105MS 01569 DEED OK 34799 PG 563

PLAN OF LAND N

Douglas, Massachusetts PREPARED FOR

Orbison Corp. SCANT r -or DATE: SEP/WEER 4 2005

2005-171 2.-614/40-6-0../0040 MAY*•I PAO" DOI WW1

1 or 1

BRAD TEEN MAP 161 PARCEL 6

olbe

CiV 61.

3.5.1flil LOT

49.00 aota

r

P4P

AGSI. 440PG INFORMATICA•

FT

MAP 162 PARCEL 23

70NING RFOUIRFNENTG ZONE RA MIN. FRONTAGE 200• MIN. AREA: 90.000 S.F.

REEEREKLEI LLS PB 799 PL 112 DEED SIC 34799 PG 363

ZUP S. Pr R -PLA 1,1

'Pc, ,3 ?00 64-(0 "Pc-A-1 ) 2 3

143952 R.25.44

• 5629-2742/E

/

MA;'1717; MOB/ GAR

PARCEL C (CARDINAL DRIVE)

2.14104 ot IL 090 saes

TO REP/COMMON / OviNERDRIP writ. 1.072.

10 BE PRIVATE IN PIERP•VIT, AS SHOWN ON PH 799 PL,12

NOM PLANNING HOARD ENDORSEMENT IS NOT A DETERMINATION AS TO CONFORMANCE WITH TONING REGULATIONS.

PROVAL UNDER SUHDIVISTON Comer. IAN NOT r :or TO OF DOUGLAS.

Page 17: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

6) The Engineer shall modify the index of plans to properly reflect the actual drawings contained in the complete set of approved drawings.

7) Douglas Water & Sewer Department approval is required prior to construction of the water lines in Dogwood Lane and Cardinal Drive. The approval shall be in writing and shall be provided to the Planning Board prior to release of the Covenants.

WAIVERS REQUESTED:

The Board considered and voted upon the following requested waivers from the Rules and Regulations Governing the Subdivision of Land, Douglas, Massachusetts adopted September 17, 1975 and revised November 24, 1998:

a), Section III. B. 2. a. — "Two original mylar drawings of the Definitive Plan and eight contact prints thereof dark line on white background. The original drawing will be returned after approval or disapproval. Eight contact prints, dark line on white background, will be required of the final endorsed mylar."

Waiver from submitting two original mylars. The applicant will submit mylar plans showing all revisions and conditions to the Board for endorsement after the 20-day appeal period expires.

Vote: 5 in favor 0 opposed 2 abstained

.12), Section III. B. 3. f. — "Location of all permanent monuments properly identified as to whether existing or proposed."

Waiver from installing permanent concrete/granite monuments. The applicant is asking a waiver from installing permanent concrete/granite bounds. The applicant asks that the Board allow for the installation of iron pins as an alternative.

Vote:

5 in favor 0 opposed 2 abstained

c) Section III. B. 3. h. — "Existing and proposed topography at two (2) foot contour intervals."

Waiver from showing topography at two (2) foot contour levels. The applicant is asking a waiver from providing two (2) foot contour levels on the interior of the property. The applicant is providing two (2) foot contour levels in the areas of the proposed roadways only.

Vote: 5 in favor 0 opposed 2 abstained

Ballou-Dec.doc Page 11 of 17

Page 18: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

dZ Section III. B. 3. n. — "Where sanitary sewers are not available, a soil evaluator's report for each lot proposed within the subdivision shall be included, as per Title V."

Waiver from providing a soil evaluator's report for each proposed lot. The soil testing for the individual septic systems will be done as part of the review by the Board of Health.

Vote: 5 in favor 0 opposed 2 abstained

el Section IV. A. 1. c. — "Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided. These access ways are to be deeded in fee to the town prior to release of any bond "

Waiver from providing access to adjoining property. The applicant does not wish to provide access to adjoining property. This project is for two (2) proposed single-family homes only. No further development is proposed and waiving this requirement will ensure no future connection to development on abutting properties

Vote: 5 in favor 0 opposed 2 abstained

Section IV. A. 1. f. — "The minimum centerline radii of curved streets shall comply with AASHTO. "

Waiver from requiring centerline radii of curved streets to comply with AASHTO. The applicant wishes to make use of the existing drive off Riedell Road and would like to avoid any realignment.

Vote: 5 in favor 0 opposed 2 abstained

gl Section IV. A. 3. a. — "Grades of streets shall be not less than 0.5%. Grades shall not be more than 6.0% for principal streets nor more than 10.0% for secondary streets."

Waiver from requiring streets to have grades no greater than 10%. The applicant proposes to make use of the existing right of way off Riedell Road and not undertake major cuts and fills to comply with this requirement. The access road off of West Street will be less than 10%.

Vote: 5 in favor 0 opposed 2 abstained

j Section IV. A. 3. b. — "All changes in grade exceeding one-half (%) percent shall be connected by vertical curves of sufficient length to afford, in the opinion of the Board, adequate sight distance."

Ballou-Dec.doc Page 12 of 17

Page 19: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

Waiver from having site distance that complies with AASHTO standards. The applicant proposes to make use of an existing curb cut along Riedell Road that is currently used by three (3) single-family homes for access. This project seeks to extend this existing driveway for one (1) additional single-family home and construct a new driveway off West Street for one (1) other additional new single-family home. The access from West Street is slightly obstructed by two (2) deciduous trees. However, due to the fact that the volume of traffic that is proposed will be minimal, the applicant is asking for this waiver.

Vote: 5 in favor 0 opposed 2 abstained

Section IV. A. 3. e. — "Grades at all intersections shall not exceed 2.0% for one-hundredfifty feet (150)."

Waiver from requiring grades at all intersections to not exceed 2.0% for one-hundred fifty feet (150'). The applicant proposes to make use of the existing right of way off Riedell Road and not undertake major cuts and fills to comply with this requirement. The access road off of West Street will also need a waiver from this requirement as avoiding major cuts and fills is being sought.

Vote: 5 in favor 0 opposed 2 abstained

fl Section IV. A. 4. b. — "Dead-end streets shall be provided at the closed end with a turn-around having an outside roadway diameter of at least one hundred (100) feet, and a property line diameter of at least one hundred and twenty (120) feet."

Waiver from providing a cul-de-sac turnaround with 100-120 ft diameter. The applicant is providing a cul-de-sac right of way that meets the 120 feet diameter requirement and will provide an area for turning around, however, he is asking that the turn around not be required to have a diameter of 100 feet.

Vote: 5 in favor 0 opposed 2 abstained

kZ Section IV. C. — "Before approval of a Definitive Plan, the Board may require the Plan to show a park or parks suitably located for playground or recreation. The Board may, by appropriate endorsement on the Plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. The Board shall not require dedication of such recreation areas without just compensation to the owner."

Waiver from providing land suitable for use of the Town for playgrounds or parks. The applicant is asking a waiver from this requirement, as the use of the land is proposed to be strictly for the two (2) homeowners.

Vote: 5 in favor 0 opposed 2 abstained

Ballou-Dec.doc Page 13 of 17

Page 20: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

Section V. A. — "Streets and Roadway 1. The entire area of each street or way shall be cleared of all stumps, brush, roots, boulders, like material and all trees not intended for preservation.

2. All loam and other yielding material shall be removed from the roadway area of each street or way and replaced with suitable material.

3. All roadways shall be brought to a finished grade as shown on the profiles of the Definitive Plan with at least the top twelve (12) inches of gravel borrow conforming to Mass. Highway M 1.03.0 type b' compacted to 95% dry density to a width of the roadway base course plus two(2) feet on both shoulders.

4. Adequate disposal of surface water shall be provided. Catch basins shall be built in conformity with specifications of the Highway Department on both sides of the roadway on continuous grades at intervals of not more than four hundred (400) feet, at low points and sags in the roadway and near the corners of the roadway at intersecting streets.

5. A four (4) inch compacted thickness of Class I bituminous concrete pavement, Type I-1, shall be placed on all roadways in conformance with the Massachusetts Department of Public Works Standard Specifications for Highways, Bridges, and Waterways. Two and one half (2 'A) inches of coarse mix (binder) bituminous concrete shall be laid, then upon which shall be laid a one and one half (1 'A) inch course of fine mix Onish) bituminous concrete.

A Certificate of Occupancy shall not be granted by the building department until the base course of pavement is installed, sidewalks are installed and grass strips prepared for loam and seeding to the satisfaction of the Planning Board. Within 21 days of a written request of the applicant the Planning Board will issue a letter to the building department documenting the developer's compliance.

6. All unpaved areas, within the road right-of-way, and all slopes immediately adjacent to the road shall be loamed four inches minimum) and seeded.

7. The developer shall be responsible for maintaining in good repair all roads in a subdivision until they are accepted by Town meeting This maintenance shall include sweeping, cleaning of catch basins, repair of any settlements or cracking and adjustment of castings within the pavement.

8. The developer shall be responsible for keeping the roads clear & accessible at all times. This shall include, but not be limited to, plowing and sanding as required for public safety.

9. Driveways. All driveways extending from the completed road surface to the lot line must have a topping of at least two (2) inches of bituminous concrete. All driveway slopes must end at the street right of way, then continue forward to the completed road surface in

Ballou-Dec.doc Page 14 of 17

Page 21: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

the same grade as the sidewalk strip and/or shoulder in order to allow proper drainage of surface water. The driveway apron shall be placed to form a one (1) inch lip when the final course of pavement is placed.

10. Underdrain shall be provided along the roadway in all areas where groundwater is indicated by mottles within 36" of the finished grade and where required in cuts along the right of way ensure no ground water seeping onto the roadway or driveways."

Waiver from constructing access roads as streets and roadways. The applicant proposes to construct the access roads according to common driveway standards.

Vote: 5 in favor 0 opposed 2 abstained

nil Section V. B. — "Curbs and Berms In instances where the Planning Board so requires, curbs and berms shall be installed in accordance with the following minimum requirements and the construction specifications enumerated herein.

Curbing shall be installed in accordance with the construction standards put forth in Standard Specifications for Highways, Bridges and Waterways by the Massachusetts Department of Public Works. The use of bituminous concrete berms shall be discouraged and "Cape Cod" type berms encouraged where granite curbs are not required. However, whenever bituminous concrete berms are permitted they shall be installed on top of the binder course of the pavement."

Waiver from installing curbs and berms. The applicant proposes to construct the access roads according to common driveway standards.

Vote: 5 in favor 0 opposed 2 abstained

n), Section V. C. 4. -- "Underground distribution systems shall be provided for any and all utility services, including electrical and telephone services. Adequate street lighting shall be provided of a design subject to approval by the Planning Board"

Waiver from installing utilities underground and installing street lighting. The applicant proposes to extend utilities from existing poles to the two (2) proposed single-family homes. Also, driveways will be for private use only and the traffic volume will not warrant streetlights.

Vote: 5 in favor 0 opposed 2 abstained

Ballou-Dec.doc Page 15 of 17

Page 22: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedell Road Definitive Subdivision Plan

21 Section V. D. — "Five-foot sidewalks shall be installed wherever required. The sidewalk shall be constructed of Portland cement concrete in conformity with the specifications of the Highway Department. All sidewalks and ramps shall be in compliance with all ADA and applicable Massachusetts regulations."

Waiver from installing sidewalks. The applicant proposes to construct access roads according to common driveway standards.

Vote: 5 in favor 0 opposed 2 abstained

pl Section V. E. — "A five-foot wide grass strip shall be constructed between the road curb and front edge of the sidewalk. This strip shall be loamed with not less than four inches compacted depth of good quality loam seeded with lawn seed and rolled. Seeding shall be done at appropriate time of the year and in a manner to insure growth of grass."

Waiver from installing grass strips. The applicant proposes to construct access roads according to common driveway standards.

Vote: 5 in favor 0 opposed 2 abstained

gl Section V. F. — "Trees shall be installed at an average spacing of one hundred feet on both sides of proposed roadways. All trees must be hardwoods, one and one-half (1-1/2) to two (2) inches in caliper, ten (10) to twelve (12) feet tall with good straight stems. These trees shall be planted in the five-foot grass strips.

Each tree shall be supported with three (3) 2 15c 2" x 8' wooden stakes and shall be fastened at the top with a loop of rubber or suitable fabric hosing.

All trees shall be subject to a one (1) year guarantee."

Waiver from installing street trees. The applicant proposes to construct access roads according to common driveway standards.

Vote: 5 in favor 0 opposed 2 abstained

1:1 Section V. G. 1. — "Monuments shall be installed at all street intersections, at all points of change in direction or curvature of streets and at other points, where, in the opinion of the. Board, permanent monuments are necessary. Such monuments shall conform to the standard specifications of the Board and shall be set according to such specifications. No permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed."

Ballou-Dec.doc Page 16 of 17

Page 23: emorandum - Town of Douglas, MA Building Lot", Dogwood Lane is Parcel B, and Cardinal Drive is Parcel C. Furthermore, plan sheet 1 of 5 lists the subdivision conditions of approval

Kenneth Ballou Planning Board Decision West Street & Riedel! Road Definitive Subdivision Plan

Waiver from installing permanent concrete/granite monuments for the access roads. The applicant is asking a waiver from installing permanent concrete/granite bounds. The applicant asks that the Board allow for the installation of iron pins as an alternative.

Vote: 5 in favor 0 opposed 2 abstained

Ballou-Dec.doc Page 17 of 17