HomeMy WebLinkAboutMiscellaneous - 623 OSGOOD STREET 11/20/2012 9
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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Decision—Definitive Subdivision Plan
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: November 20,2012
Date of Hearing: November 20,2012
Date of Decision: November 20,2012
Petition of: Osgood Street Realty Trust
623 Osgood Street
North Andover,MA 01845
Premises Affected: 623 Osgood Street
Assessors Map 36,Parcel 4
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations,so as to�reateLa 3-lot subdivision,including the _- Comment[j1];ISince there will be no
creation of a roadway to provide frontage for the existing home located on Lot 1,and to create two lots which construction proposed,the terminology was slightly
will be owned by the town of North Andover and retained as open space through a Conservation Restriction modified.
in the R-2 Zoning District.
After a public hearing given on the above dates, and upon a motion X and 2ad by X to APPROVE the
Application for a Definitive Subdivision Plan,as amended, and based upon the following conditions.A
vote of X-0 was made in favor of the application.
On behalf of the North Andover Planning Board
John Simons,Chair
Richard Rowen
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
Lora McSherry
(00058542;v1)l
Ousler Property,623 Osgood St.
Map 36,Parcel 4
The Planning Board herein APPROVES the Application for a Definitive Subdivision so as to create a 3-lot
subdivision,including the creation of a roadway to provide frontage for the existing home located on Lot 1,
and to create two lots which will be owned by the town of North Andover and retained as open space through
a Conservation Restriction in the R-2 Zoning District,Map 36,Parcel 4.The application was filed with the
Planning Board on October 31,2012. The public hearing on the above referenced application was opened on
November 20, 2012, and closed by the North Andover Planning Board on November 20, 2012. The
applicant submitted a complete application,which was noticed and reviewed in accordance with Section N
of the Town of North Andover Rules and Regulations Governing the Subdivision of Land.
The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings:
A. The Definitive Subdivision Plan dated November 14,2012 is both substantially complete and
technically adequate,except as amended herein.
B. The Plan shows a lot layout that depicts the creation of three lots,two of which have frontage
on a new cul-de-sac, with the remaining lot having frontage on Osgood Street and each of
which is at least 43,560 sq.ft.in area and 150 ft.of frontage. The Plan thus conforms to all
applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the existing
driveway to provide adequate access to the existing dwelling unit on Lot 1 is in keeping with
the character of the neighborhood.
D. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations.
F. The Definitive Plan secures adequate provisions for water,sewerage,drainage,underground
utility services, fire, police and other similar municipal equipment, and street lighting and
other requirements where necessary in a subdivision.
G. The Definitive Plan conforms to the design and construction standards described in the
Subdivision Rules and Regulations,with the exceptions of waivers granted in Condition 2.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
A. The"Locus"refers to the approximately 16.34 acre parcel of land with land fronting on Osgood
Street as shown on a portion of Assessors Map 36, Parcel 4, and also known as 623 Osgood
Street,North Andover,Massachusetts.
{00058542;v1}2
Ouster Property,623 Osgood St.
Map 36,Parcel 4
B. The"Plans"refer to the plans prepared by GA Consultants, Inc., 17 Graf Road,Newburyport,
MA 01950, titled "Definitive Subdivision Plan of Land 623 Osgood Street North Andover,
Massachusetts",located in North Andover,Mass,submitted by applicant Osgood Street Realty Trust
623 Osgood Street,North Andover,MA.
C. The"Project"or"623 Osgood Street"refers to the creation of a 3-lot subdivision, including
the creation of a roadway to provide frontage for the existing home located on Lot 1, and
to create two lots which will be owned by the town of North Andover and retained as
open space through the recording of a Conservation Restriction in the R-2 Zoning District.
D. The"Applicant"refers to Osgood Street Realty Trust,the applicant for the Definitive Subdivision
Plan Approval.
E. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
The following waivers are hereby granted' acilitate to provide legal access and frontage for the dwelling
unit on lot 1 and to facilitate the conveyance of Lots 2 and 3 to the town of North Andover as Open Space.
The waivers are requested with the understanding and agreement of the applicant that no construction is
proposed and no construction will be permitted on Lot 2 and Lot 3. The waivers are consistent with the intent
and purpose of the Subdivision Control Law and the granting of the waivers are in the public interest since
the Plan will facilitate the conveyance of property to the town,thus preserving open space. The granting of
the waivers will also facilitate the creation of legal frontage for Lot 1.
A. Section 5.1.4 Fees,Section 5.1.5 Site Evaluation Statement and Section 5.1.9 Construction
Schedule. Since the application is designed to facilitate a transfer of land to the town,application
fees can be waived and since there will not be any construction,a construction schedule is
unnecessary.
B. Section 5.2 Plan Form and Contents.Waive requirement for plan form and content except as
shown on the Plan submitted with the application. Since there will be no construction,a detailed
plan is not required.
C. Section 5.2.5.3 Grading,Drainage and Utility Plan Since there will be no construction,a detailed
Grading,Drainage and Utility Plan is not required.
D. Section 5.2.6 Test Data.Since there will be no construction,soil test data is not required.
E. Section 5.3 Stormwater Management Report.Since there will be no construction,a Stormwater
Management Plan will not be required.
F. Section 5.4 Environmental and Community Impact Statement.Due to the relatively small size of
the subdivision,submission of Environmental and Community Impact Analysis are not required.
G. Section 5.14 As-Built Plans.Since will be no construction,as-built plan will not be required.
H. Section 6.Requirements for Improvement,Design and Roadway Construction—Since there will
be no roadway constructed,this waiver includes:
a. Waiver from specifications for roadway construction referenced in Section 6 and in
Appendices I through IV,since no roadway will be constructed.
b. Waiver from design standards applicable to roadway construction.
c. Waiver from curbing,sidewalks,fire hydrants,alternative municipal water supply,street
trees,street signs and street lighting.
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent
and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby
(00058542;vi)3
Ousler Property,623 Osgood St.
Map 36,Parcel 4
granted. With respect to those waivers concerning development standards above,the Planning Board also
makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived
requirements will not result in an adverse impact for the areas adjacent to the land shown on the Plan,and
is consistent with the Board's objectives of maintaining open space.
PRIOR TO ENDORSEMENT OF THE PLAN
Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following:
A. The Subdivision Decision must be recorded with the Essex North District Registry of Deeds.
B. 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 a vote of the Planning Board to release the lots,as stated under"PRIOR TO LOTS
BEING RELEASED FROM THE STAUTORY COVENANTS".
C. A notation must be placed on the plan noting that the roadway is considered a private driveway,not a
public road.
D. Deed restrictions must be placed on Lots 1,2 and 3 regarding the fact that the private roadway will
never be maintained by the Town and that it will never be accepted as a public road.
E. Deed restrictions must be placed on all lots regarding the further subdivision of the lots.
F. 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.
G. Easement documents and deed restrictions,must be submitted and reviewed and approved by Town
Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in
perpetuity.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
The applicant must submit a lot release(FORM J)to the Planning Board for signature.
ADDITIONAL CONDITIONS
1) The provisions of this conditional approval shall apply to and be binding upon the applicant,its
employees and all successors and assigns in interest or control
2) Any action by a Town Board,Commission,or Department,which requires changes in the plan or
design of the building,as presented to the Planning Board,may be subject to modification by the
Planning Board.
3) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
4) The town reserves the right to access the roadway,as depicted on the Plan. The terms of this access
shall be described in the respective deeds for each lot.
5) The applicant must convey Lots 2 and 3 to the Town of North Andover prior to December 31,
2012 or this approval shall expire and be deemed revoked, unless otherwise agreed to by the
Planning Board and the applicant. Lots 2 and 3 shall never be buildable lots. Upon taking
ownership of lots 2 and 3,the town of North Andover will permanently restrict development of
both lot ' d 3 through a Conservation Restriction.
6) This decision shall expire on December 31,2012 unless lots 2 and 3 have been conveyed to the Town
of North Andover,unless otherwise agreed to by the town of North Andover and the property owner.
{00058542;vi}4
Ouster Property,623 Osgood St.
Map 36,Parcel 4
7) In consideration of the approval of the Plan,there is to be no further extension of roadway. This
restriction is to be documented in the respective deeds for each lot in the subdivision.
8) The applicant/Owner shall retain ownership of the road shown on the Plan and shall be
responsible for maintenance and repair of the Road. The applicant shall grant the Town of North
Andover an easement over the Road for purposes of access to Lot 2 and Lot 3, upon terms
approved by the Town. Alternatively,the Owner may convey title to the proposed roadway as
shown on the Plan,subject to the Owner's reserved rights to maintain and repair the roadway and
to reserve access rights to said Road. Final arrangements concerning roadway ownership and
rights and obligations concerning the same shall be contained within the deed to the Town and/or
the conservation restriction approved as to form by Town�ounselj____ __- Comment[j2] The sale ofthe property depends
upon the terms of the final appraisal of the property
9 The applicant, its successors and assigns shall be responsible for maintenance and repair of the
being undertaken bytheh a,and b t result,the
) P1r � p p ownership of the road may have a substantial impact
private water lines in Lots 1,2,3 and in the Road serving Lot 1 as may be shown on the final Plan, on valuation To this end,the purpose of this
and shall retain an easement and other rights in Lots 2 and 3 for utility line maintenance and repair revision is to provide flexibility as to the ownership
of the road,and afinal decision of road ownership
which shall be contained within the deed to the Town and/or the conservation restriction approved would bereflected in the deed to the Town and
as to form by Town ounsei[-------------------------------------- --_ Conservation Restriction.
Comment[j3j:Rights and obligations between
10). the Town and Owner have not yet been resolved,so
consistent with the previous comment,we are
building in flexibility concerning this condition.
Plan titled: "Definitive Subdivision Plan of Land 623 Osgood Street North Andover,
Massachusetts""
Prepared for: Osgood Street Realty Trust
623 Osgood Street
North Andover,MA 01845
Prepared by: GA Consultants,Inc.
17 Graf Road
Newburyport,MA 01950
Scale: 1"=50'
Date: November 8,2012,revised on November 14,2012
Sheets: 1 Sheet
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
{00058542;v1}5
M3 Me '717tl (--LO 12-
L I
ATTORNEYS AT LAW
MEMORANDUM
TO: JUDY TYMON,TOWN PLANNER
FROM: JOHN T.SMOLAK
SUBJECT: 623 OSGOOD STREET -- FRONTAGE EXCEPTION SPECIAL PERMIT AND DEFINITIVE
SUBDIVISION APPLICATIONS
DATE: OCTOBER 31,2012
In connection with our discussion,the following briefly summaries the circumstances
surrounding the above-referenced filings in connection with 623 Osgood Street.
1. The property at 623 Osgood Street is approximately 16.5 acres in size,and is owned by
Deanna Ousler and George W. Ousler,III as Trustees of the Osgood Street Realty
Trust(the"Owners"). The Property is located within the R-2 Zoning District.
2. The Property is improved with a single family house,along with carriage house/barn
which is located at the end of a tree-lined driveway extending to Osgood Street.
3. The Property is located between Edgewood Farm and the Stevens Estate. See the
following video link from the real estate broker: http://bit.ly/6230sgood
4. At the 2012 Annual Town Meeting,voters approved of the purchase of a portion of the
Property for open space/conservation purposes using funding through the Community
Preservation Act.
5. The open space purchase would expressly exclude the existing single family dwelling to
be retained by the Ousler family.
6. In order to effect the conveyance of the open space property to the Town,the Owner is
proposing to divide the Property so that the open space lots can be conveyed to the
Town,and then restricted pursuant to a Conservation Restriction.
7. To this end,the Owner,Osgood Street Realty Trust,has filed two alternative
applications with the Planning Board as a means of dividing the lots:
a. The attached Application for Definitive Subdivision was filed to enable the creation
of a roadway(which follows the existing driveway) and would end in a cul de sac or
hammerhead configuration in order to provide frontage for Lot 1 which would be a
lot on which the existing house is located and which would be retained by the
Owner. Lot 2 and Lot 3 would then be conveyed to the Town for open
space/passive recreational purposes.
b. As an alternative to the Definitive Subdivision filing,the Owner has also filed an
Application for a Frontage/Lot Width Exception Special Permit. Unlike the
definitive subdivision filing above,the approval of a Frontage Exception Special
Permit for proposed Lot 1 would create a lot on which the family residence would
be retained,and that lot would include a 50-foot wide lot(running from Osgood
Street to and including the existing house and out-buildings. If a Frontage
{00057344;v1}
Exception Special permit is issued,then the lots would be created through Planning
Board endorsement of an ANR Plan.
8. It is important to note that under either alternative:
• No work or other construction is being proposed.
• Lots are simply being created on paper in order to allow for the
conveyance of Lots 2 and 3 to the Town.
b. the existing driveway within a 50-foot wide portion of a lot.
9. A Planning Board hearing is scheduled for November 20,2012.
{00057
344;v1
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