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HomeMy WebLinkAboutCorrespondence - 623 OSGOOD STREET 11/20/2012 Enright, Jean From: Tymon, Judy Sent: Tuesday, December 04, 2012 8:49 AM To: 'John L Simons' Cc: Enright, Jean Subject: RE: Con Com and Ousler John, I will be at a meeting at 9 but you can call me on my cell phone—978-494-2218. Jennifer has looked at the plan and she has sent it to the Commission, who have looked at it but there has been no discussion at any Commission meeting. She knows there might be a stream through the property but since there will be no construction, it probably will not need an ANRAD. Bottom line, no objections have been voiced. Judy From: John L Simons [ma ilto:JSimon s@ihancock.comi Sent: Monday, December 03, 2012 5:01 PM To: Tymon, Judy Subject: Con Com and Ousler Judy, How much has Jennifer been in the mix re the Ousler property? We are getting down to loose ends and we need their support/approval to close on the agreement. Let's chat for 5 minutes in the morning. Best regards, John S John Simons Director, Market Data Management (617) 572-5908 isimons ihancock.com STATEMENT OF CONFIDENTIALITY The information contained in this email message and any attachments may be confidential and legally privileged and is intended for the use of the addressee(s) only. If you are not an intended recipient,please: (1)notify me immediately by replying to this message; (2) do not use, disseminate, distribute or reproduce any part of the message or any attachment; and(3) destroy all copies of this message and any attachments. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 ,Enright, Jean From: John Smolak[JSmolak@smolakvaughan.com] Sent: Tuesday, November 20, 2012 12:22 PM To: 'Thomas J. Urbelis'; Tymon, Judy Cc: Enright, Jean; John L Simons; Carol McGravey Subject: RE: Final verion of plan 623 Osgood Attachments: Definitive Compare (00058541).DOC; Revised Definitive Decision (SV edits) (00058542).DOC Sorry. Having problem converting town documents. ran a compare between the original draft and my proposed edits which is attached. Also attached is a revised "clean"version. John T. Smolak, Esq. Smolak&Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E-Mail: jsmolak SmolakVauahan.com Web Address: www.SmolakVaughan.com IRS CIRCULAR 230 NOTICE Applicable Treasury Regulations require that I inform you that any U.S. tax advice in this communication and any attached document is not intended or written to be used, and cannot be used by any taxpayer for the purpose of avoiding U.S. tax penalties. STATEMENT OF CONFIDENTIALITY This communication is intended only for the use of the individual or entity named as the addressee. It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us at(9 78) 327-5220 or via return e-mail to ismolak smolakvaughan.com and expunge this communication without making any copies. Thank you for your cooperation. DISCLAIMER REGARDING ELECTRONIC TRANSACTIONS: This communication does not reflect an intention by the sender or the sender's client or principal to conduct a transaction or make any agreement by electronic means or otherwise. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and nothing contained herein shall constitute a contract, binding agreement, or electronic signature under the Electronic Signature in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act, including but not limited to the Massachsetts Uniform Electronic Transactions Act, or any other statute or laws governing electronic transactions. From: Thomas J. Urbelis [mailto:tju@uf-law.com] Sent: Tuesday, November 20, 2012 12:14 PM To: John Smolak; Tymon, Judy Cc: Enright, Jean; John L Simons; Carol McGravey Subject: RE: Final verion of plan 623 Osgood John.........we can't open this. Tom 1 From: John Smolak [mailto:]Smolak@smolakvaughan.com] Sent: Tuesday, November 20, 2012 12:07 PM To: 'Tymon, Judy' Cc: Enright, Jean; 'John L Simons'; Thomas J. Urbelis; Carol McGravey Subject: RE: Final verion of plan 623 Osgood Hi Judy: Thanks for forwarding the draft decision. Attached is the decision with proposed revisions in track changes. I have also imbedded comments on some of the changes to provide a rationale for the changes. Principal among the edits relate to the ownership of the roadway and obligations regarding utilities, both of which will have an effect on the final apprisal required under the CPA funding approved for the purchase of the land. Since we do not have a final appraisal, we do not want to preclude the Town from owning the Roadway and that final decision depends on whether the appraisal gets us to the sale number which the Town and owner agree to. I am available via my cell at 978-973-9640 if you have any questions. Regards, John John T.Smolak, Esq. Smolak&Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E-Mail:jsmolak�a SmolakVaughan.com Web Address: www.SmolakVaughan.com IRS CIRCULAR 230 NOTICE Applicable Treasury Regulations require that I inform you that any U.S. tax advice in this communication and any attached document is not intended or written to be used, and cannot be used by any taxpayer for the purpose of avoiding U.S. tax penalties. STATEMENT OF CONFIDENTIALITY This communication is intended only for the use of the individual or entity named as the addressee. It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us at(978) 327-5220 or via return e-mail to Jsmolak@smolakvaughan.com and expunge this communication without making any copies. Thank you for your cooperation. DISCLAIMER REGARDING ELECTRONIC TRANSACTIONS: This communication does not reflect an intention by the sender or the sender's client or principal to conduct a transaction or make any agreement by electronic means or otherwise. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and nothing contained herein shall constitute a contract, binding agreement, or electronic signature under the Electronic Signature in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act, including but not limited to the Massachsetts Uniform Electronic Transactions Act, or any other statute or laws governing electronic transactions. 2 From: Tymon, Judy [maiIto:jtymon@townofnorthandover.coml Sent: Tuesday, November 20, 2012 11:14 AM To: John Smolak Cc: Enright, Jean Subject: Final verion of plan 623 Osgood John, A few questions: We received a paper copy of the final subdivision plan for 623 Osgood but did not receive an electronic version—do you have that? When I talked with John he indicated that the Form A/Frontage Exception should be withdrawn. Here is a draft of the decision. Thanks Judith M.Tymon Town Planner Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9535 Fax 978.688.9542 Email itymon@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: hftp://www.sec.state.ma.us/pre/l)reidx.htm. Please consider the environment before printing this email. 3 NORTH "10 16�•YO O p Style Definition:Caption Style Definition:Heading 1 Char:Font:Times New Roman,11 pt,English(U.S.),Condensed 9SSACHUS�� ;' by 0.15 pt -- Style Definition:Heading 2 Char:Font:Times New Roman,12 pt,Not Italic,English(U.S.) PLANNING DEPARTMENT h,ahl Style Definition:Heading 3 Char:Font:Times hd,', New Roman,10.5 pt,English(U.S.) Community Development Division h'i�; � rte ,---- 1600 Osgood Street i 1'6 pt Notding 4 har Font Bold,English(U s�mesNorth Andover,Massachusetts,01845 'x;+'' r[New RomanCondensed by 0.15 pt Decision—Definitive Subdivision Plan Style Definition:Heading 5 Char:Font:Times ° New Roman,12 pt,Not Italic,English(U.S.) Any appeal shall be filed NI Style Definition:Body Text Indent Char: 1 , Font:11 pt,English(U.S.),Condensed by 0.15 within(20)days after the Pt date pt date of filing this notice in Style Definition:Footer Char:Font:tont:l p the office of the Town Clerk. English(U.S.) J Date: November 20,2012 ( -- -- Style Definition:Header Char:Font:12 pt, Date of Hearing: November 20,2012 English(U.S.) Date of Decision: November 20,2012 — t y -- ' Style Definition:Body Text Char.Font:10.5 ,�;'i pt,Bold,English(U.S.) — Petition of: Osgood Street Realty Trust d,�Style Definition:Body Text Indent 2 Char: 623 Osgood Street Font:10.5 pt,English(U.S.),Condensed by North Andover,MA 01845 0.15 pt — Premises Affected: 623 Osgood Street ,, Style Definition:Body Text Indent 3 Char:— Assessors Map 36,Parcel 4 1 Font.10.5 pt,English(U.S.),Condensed by I' 0.15 pt Referring to the above petition for Approval of a Definitive Subdivision Plan accordin to the requirements Style Definition:Title Char:Font:Times New of the North Andover Subdivision Rules and Regulations, so as to eotist eat a 3-lot subdivision, Roman,10.5 pt,English(U.S.) — J including the creation of a roadway to provide frontage for the existing home located on Lot i, Style Definition:Body Text 3 Char:Font:11 and to create two lots which will be owned by the town of North Andover and retained as open space through pt,English(U.S.) _ a Conservation Restriction in the R-2 Zoning District. Comment Lb17:since there will beno construction proposed,the terminology was slightly modified. I. After a public hearing given on the above dates, and upon a motion X and 2nd 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 {00058541;vl}l Ouster Property,623 Osgood St. Map 36,Parcel 4 The Planning Board herein APPROVES the Application for a Definitive Subdivision so as to eon �'create a 3-lot subdivision,including the eaw4fuetioncreation of a roadway to provide frontage for the existing home located on Lot I 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 IV 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 21 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. {00058541;vl}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 c-ans4ueti-&ncreation of a 3-lot subdivision,including the. n4fee&recreation 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 to facilitate 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 applieani pplicant that no construction is proposed and no construction will be permitted on ani of-z;—lets: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 and Design-Since there will be no construction,street design requirements are not necessary. 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 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 {00058541;vi 13 Ousler Property,623 Osgood St. Map 36,Parcel 4 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 lots a and 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. 7) In consideration of the approval of the Plan,there is to be no further extension of roadway. This (00058541;vi)4 Ousler Property,623 Osgood St. Map 36,Parcel 4 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 luau 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 ownershii and rightsand obligations concerning the same shall be contained within the deed to the Town and/or the conservation restriction approved as to form by Town�ounsel. _- Comment[A2]:The sale o£theproperty 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 by the Town,and as aresult,the pp 1' p 11 ownership of the road may have a substantial impact private water lines in Lots 1,2,3 and in the Road serving Lot Las may be shown on the final Plan, on valuation.To this end thepurpose ofthis and shall retain an easement and other rights in Lots 2 and 3 for�hutility line maintenance and revision is to provide flexibility as to the ownership of the road,and afinal decision ofroad ownership repair which shall be contained within the deed to the Town and/or the conservation restriction would bereflected'inthe deed tothe Town and gpprowA as to form by Town�Ioumsdll. Conservation Restriction. - -------------------------------- Comment[A3],Rights and obligations between �1 the Town and Owner have not yet been resolved,so consistent with the previous comment,we are building in flexibility concerning thiscondition. Plan titled: "Defmitive Subdivision Plan of Land 623 Osgood Street North Andover, Formatted.Bullets and Numbering 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 {00058541;x1}5 tAORTH qw• �6Qt LED ;6 V6_r0 0 �D eyb Qq coc.icwcw �' DRITED �9SSACHUS�� 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 - C5.- mment Lill:Since there will be no 0 creation of a roadway to provide frontage for the existing home located on Lot 1,and to create two lots which struction proposed,the terminology was shghtly dified will be owned by the town of North Andover and retained as open space through a Conservation Restriction — — --- in the R-2 Zoning District. After a public hearing given on the above dates, and upon a motion X and 2nd 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;vl}1 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 IV 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;vi)2 Ouster Properly,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 to facilitate 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 and Design—Since there will be no construction,street design requirements are not necessary. 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 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 {00058542,vl l3 Ousler Property,623 Osgood St. Map 36,Parcel 4 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 lots a and 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. 7) In consideration of the approval of the Plan,there is to be no further extension of roadway. This {00058542;vl}4 Ousler Property,623 Osgood St. Map 36,Parcel 4 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 l ounsel�___________________, _- Comment[j2]:The sale of the property depends upon the terms of the final appraisal of the property bei9 The applicant, its successors and assigns shall be responsible for maintenance and repair of the ownership of e road may have and as a resat i the ) pp gn p 11 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 afmal decision of road ownership which shall be contained within the deed to the Town and/or the conservation restriction approved would bereflectea in the deed to the Town and as to form by Town�ounse�.__ Conservation Restriction. ---------------- - ------— — — Comment Ei3] Rights and obligations between 10). the Town and Owner have not yet been resolved,so consistent with the previous comment,we are building inflexibility 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;vl}5 Enright, Jean From: John Smolak[JSmolak@smolakvaughan.com] Sent: Thursday, November 15, 2012 5:40 PM To: Tymon, Judy Cc: Enright, Jean; 'John L Simons'; 'Thomas J. Urbelis' Subject: FW: 3-Lot Subdivision [Final Definitive Plan] Attachments: 2012nov15_Ousler3Lot-3 Lots.pdf Hi Judy: Attached for filing is a revised and final form of Defintive Subdivision Plan which was revised based upon input from John Simons. The revised plan reduces the length of the proposed road so that the roadway now terminates on the southerly boundary of Lot 1. Our engineer cannot get signed and stamped plans to you until Monday, and hope that is acceptable. Regards, John John T.Smolak, Esq. Smolak&Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E-Mail:]smolak SmolakVaughan.com Web Address: www.SmolakVaughan.com From: John Hargreaves jmailto:rg101Ca1hotmail.com1 Sent: Thursday, November 15, 2012 4:33 PM To: John Smolak; George Ousler Subject: RE: 3-Lot Subdivision Changes See attached. John From: JSmolak(&smolakvaughan.com To: iharg10l@hotmail.com;. sailfishin@yahoo.com Date: Thu, 15 Nov 2012 08:27:49 -0500 Subject: 3-Lot Subdivision Changes Hi John and George: Spoke with John Simons this morning who reviewed the subdivision plan. To sell the subdivision to the Board, he feels that the cul-de-sac should be further reduced so that it terminates at the front of the family lot instead of at the rear of the lot. Simons feels that we should come as close as possible to keeping as much land in the Town's ownership. have hand-drawn what he is asking for. i Sorry, but John, can you make further revisions to the plan to reflect this change, and then reconfigure the lot areas, Road A size, and frontages for all 3 lots? Regards, John Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 cvEcon s TOWN OF NORTH ANDOVER - MAP 35,LOT-23 n � TOWN GF NORTH ANDGVER MAP 35,LOT-110 LOCUS PLAN N60'OJ14E FOR REGISTRY OF DEEDS USE ONLY SCALE:1"=2000' 6S NORTH ANDOVER PLANNING BOARD �a2U APPROVED UNDER h1E SUBDIVISION CONTROL UPON CONDITIONS. B"f DATE: NORTH ANDOVER TOWN CLERK LOT 3 THIS TO CERT THAT ON______ RECEIVE VED FROM THE NORTH ANDOVER PLANNING BOARD CERTIFICATION OF ITS APPROVAL OF THIS PLAN AND THAT DURING THE I HAVE 48Z,881 S.F. RECE VEDNTY NO NOTICE ODAYS 1F ANYLOWNG A PEAL FROM SAID DECISION, N/F DOUGLAS HONE CLERK DATE 665 OSGOOD ST. MAP 35,L0T-26 1 N/F YUTHICA GAUNEY 661 OSG000 ST. MAP 100,LOT-8 w ,3 6>B'03'28'E i N/F YUNBA GAUNEY mov'£ :.Ob it' N 37JO6' 657 GEG000 ST. N�0 MAP 100,LOT-9 LOT 1 - TOWN OF NORTH ANDOVER MAP 35,LOT-23 89,004 S.F. 7a' I N/F CHARLES DAHER '� C.FNFRAI NOTFS 6530000ST. LOT-t0 N f - 1. THE PROPERTY LINES SHOWN WERE DETERMINED BY ACTUAL MAP 100,LOFIELD SURVEY CONDUCTED IN OCTOBER,2012 AND FROM PLANS AND DEEDS OF RECORD. 2. ACCORDING TO THE ASSESSORS MAPS MAINTAINED AT THE N TY�190 TOWN IDENTIFOF NORTH ANDOVER ASSESSORS OFFICE,THE SITE IS 1E0 ON MAP W.LOT 4. 5\ Yap PROPERTY LOCATION: 623 OSGOOD STREET E 40 H0 R osP NORTH ANDOVER,MA 01845 OWNER OF RECORD: OEG0Do STREET REALTY TRUST, W6�A OSGOOD STREET L=41.04 5>1� NORTHANDOVER.MA 01845 ZONING DISTRICT:R-2 RESIDENTAIL 2 DISTRICT RAN —BOB, 1� TABLE OF 20NING REQUIRMENTS-RESIDENTIAL 2(R2) Mi n �//�/ DIMENSIONAL REQUIREMENT REOURED LOT i LOT 2 LOT 3 h L O T I� LOT AREA(MINIMUM)SF. 43.560 69,004 107,566 482.831 2y h LOT FRONTAGE(MIN.)R. 150 150.00 50fi.63 9.94 LOT lWON(MIN.)FT. 's 107,566 S.F. SE Aza tDo >to0 moo moo O W FRONT YARD SETBACK(FT.) 30 >3D 730 730 O O n _ SIDE YARD SETBACK(FT) }0 >}D >JO >30 �L} cc 2I REAR YARD SETBACK(FT.) 30 >JO >3O >30 �Q C05R OFOUS MNBLOLD.AURPLAND IN.OF 752 OF LOT >75% 7752 »SS 1 EDGEWOOD RETIREMENT ( ) z I 575 OSGOOD STREET SECTION 7.1.1 NAZBAREA IN.F.A.R. N/A N/A N/A N/A ,r. R=2fi SIO 'a L=5.53 ��� PLAN R D�FO R FFR NfFc� Tg 1) PLAN SHOWN G A PORTION OF EDGEWOOD FARM, NERD BK.10724 G.120 MORN ANDOVER,MASS..OWNED BY TRUSTEES OF N.E.R.D BK.1399 PG.1 TRUST B U/W OF ABBOTT STEVENS.DATED DECEMBER N.ER.D BK.1413 PG.300 A 1977,RED WHORDED H ESSEX NORTH REGISTRY OF NERD BK.2089 PG.226 '? DEEDS AS PLAN N0.7803. e�/ 2) PLAN OF A PORTION OF THE LAND OWNED BY THE TRUSTEES U/W OF NATHANIEL STEVENS LOCATED IN V1 NORTH ANDOVER.MASS.,-DATED DECEMBER 16, i1 1952,RECORDED WN SAID DEEDS AS PLAN N0.ZS- R=21.11' 506. R=222.01.1 P L= 0 PROFESSIONAL P£NCINEIONAL I CERTIFY THAT THIS PLAN CONFORMS SURVEYOR [F DEFINITIVE SUBDIVISION TO THE RULES AND REGULATIONS OF THE FLAN OF LAND REGISTERS OF DEEDS 623 OSGOOD STREET DATE NORTH ANDOVER, MASSACHUSETTS GRAPHIC SCALE OWNER AND APPLICANT., SHEET 1 OF 1 OSGOOD STREET REALTY TRUST DATE NOVE4RER e.1013 RO6ERT u. 50,P.Ls. JONN W NARGREAVES,JR.,P.E. 623 OSGOOD STREET,NORTH ANDOVER,MA GRAS / / R£VI570N5:NOVEMBER/I,201] - p GA CONSULTANTS, INtr.PROf£SSIONAL£NGINE£RS SCALE ) -S' GAF ROAD,N£W9UR-T.MA 01950 SEL 9J6-502-5191 Enright, Jean From: John Smolak[JSmolak@smolakvaughan.com] Sent: Thursday, November 15, 2012 11:09 PM To: Tymon, Judy Cc: Enright, Jean; 'John L Simons'; 'Thomas J. Urbelis'; 'Carol McGravey' Subject: FW: 3-Lot Subdivision [Final Definitive Plan] Attachments: 2012nov15_Ousler3Lot-3 Lots.pdf; Ltr. Planning Board 11.15.12 (00058386).PDF Hi Judy: In connection with the plan above previously sent to you today, attached is a waiver request letter as a supplement to the definitive subdivision application. Since the subdivision control law requires the imposition of a surety, such as a covenant, as a precondition to plan endorsement, I think we may need the Board to vote to authorize the Board Chair to finalize and approve a subdivision covenant and simultaneously vote to authorize the Chair to issue a blanket release of all lots. In this manner, the subdivision covenant and lot release could be recorded at the time of closing. Since the Board's hearing is scheduled for Tuesday night, can you please confirm this is the way the Board would like to proceed, and if so, then perhaps I could prepare a draft of the covenant(Form 1) and lot release (Form J)for the Board, subject to Town Counsel's approval as to form. Both of these forms are on the Planning Department's website in word format so I could simply draft and submit the same. Thank you. Regards, John John T.Smolak, Esq. Smolak&Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) Tei. 978.327.5215 (Direct) Fax 978.327.5219 E-Mail:jsmolak(@_SmolakVaughan.com Web Address: www.SmolakVaughan.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: hfa://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 Fp,EwO rt TOWN OF NORTH ANDOVER MAP 35,LOT-23 s� TOWN OF NORTH ANDOVER MAP 35,LOT-110 LOCUS PLAN NBOb31 A•E FOR REGISTRY OF DEEDS USE ONLY SCALE:1'=2000' 5S�A NORTH ANDOVER PLANNING BOAR. 2'2S APPROVED UNONS T1E SUBOPASION CONTROL o f UPON CONDITIONS. DATE: 1 NORTH ANDOVER TOWN CLERK LOT 3 HIS HI TO CERTIFY THAT ON I RECEIVED FROM THE NORTH ANDOVER PLANNING BOARD CERTIFICATION OF ITS APPROVAL OF THIS PLAN AND THAT DURING THE (20)TWENTY DAYS NEXT FOLLOWING I HAVE 482,831 S.F. RECEIVED NO NOTICE OF ANY APPEAL FROM SAID DECISION. N/F DOUGLAS HOW CLERK DATE 665 OSGOOD ST. MAP 35,LOT-26 N.£ N/F YJTHICA GAUNEY 661 OSGOOD ST. MAP 100,LOT-8 LS >6'03.2R'E ez 6m306 N/F GAUNEY 6577 OSGOOD ST. MAP 100.LOT-9 LOT 1 I rowN OF NORTH ANDovER MAP 35,LOT-23 89,004 S.F. 9+" N/F CHARLES DAHER 653 OSGOOD ST. N£ 1. THE PROPERTY LINES SHOWN WERE DETERMINED BY ACTUAL MAP 100,LOi-10 FIELD SURVEY CONDUCTED IN OCTOBER.2012 AND FROM PLANS AND DEEDS OF RECORD. /Oo E 2. ACCORDING TO THE ASSESSORS MAPS MAINTAINED AT THE TOWN OF NORTH ANDOVER ASSESSORS OFFICE.THE ERE IS _ IDENTIFlED ON MAP 36.LOT 4. 5'`00 ,PTa]a PROPERTY LOCATION: 623 OSGOOD STREET NORTH ANDOVER.MA 01845 616 • 1 52A5 W OWNER OF RECORD: OSG0OD STREET REALTY TRUST. 1 137 623 OSGOOD STREET 6�5s R=CS, 5 1 1/ NORTH ANDOVER.MA 01845 20NING DISTRICT:R-2 RESIDENTAIL 2 DISTRICT pyo p0 L=40.99 Li TABLE OF 20NING REOUIRMENTS-RESIDENTIAL 2(R2) 4j DIMENSIONAL REQUIREMENT REIXIIRED LOT 1 LOT 2 LOT 3 " LOT 2 LOT AREA(MINIMUM)SF. 43,560 89.00! 10],566 482.631 1N M o LOT FRONTAGE(MIN.)iT. 150 150.00 506.63 499.94 LC 107,566 S.F. I SECTION7.)3/NAZB 00 —C »DD >w0 Q W FRONT YARD SETBACK(FI) 30 >30 >30 730 O O n SIOE YARD SETBACK(FT.) OD 730 '30 730 �G6 K REAR YARD SETBACK(FL) 30 EDGEONTICUOUS BUILD.UPLAND MIN OF $O GOD 5R(>5R CF MIN.NAT AREA) 75R OF LOT >75R >7WN z J 575W OSGOODSTREET6ECTION 7.1.1 2B AREA N/A 2 ^L 6.53 � ¢O� PLAN REFERENCES OEEO REFERENCES Tg 1) PLAN SHOWING A PORTION OF EDGEWOOD FARM, N.E.R.D.BK.10724 PG.120 ty NORTH ANDDYER,MASS.,OWNED BY TRUSTEES OF N.E.N.C.BK.1399 PG.i �n TRUST 8 U/W OF ABBOTT STEVENS,DATED DECEMBER N.E.R.O.BK.1413 PG.300 1977.RECORDED WTH ESSEX NORTH REGISTRY OF N.ER.D.BK.2089 PG.226 DEEDS AS PLAN NO.7803. 2) PLAN OF A PORTION OF THE.LAND OWNED BY THE l 9 TRUSTEES U/W OF NATHANIEL STEVENS LOCATED IN V1 NORTH ANDOVER.MASS.,'DATED DECEMBER 16, i1 1952,RELOROED WITH SAID DEEDS AS PLAN NO.2606. 3l L=16.6' PSUFC55/ONAL I CERTIFY THAT THIS PLAN CONFORMS R=22.00• PROECS 0.,RVEYOR ENGINEER DEFINITIVE SUBDIVISION TO THE RULES AND REGULATIONS OF THE PLAN OF LAND REGISTERS OF DEEDS. 623 OSGOOD STREET DATE NORTH ANDOVER, MASSACHUSETTS GRAPHIC SCALE OWNER AND APPLICANT.. SHEET 1 OF 1 OSGOOD STREET REALTY TRUST DATC NOVf4SER Rill—I A 1011 ROBERT M.GRASSO,P.LS. JGHN W.HARGRU VES,JR.,P.E. 613 05600D STREET NORTH ANDOVER,MA REVISIONS NOVfYRER 1I,1G 11 F'BT)« SCALE: ]`=5G' GA CONSULTANTS, IN 11 fSSIONAL[NGINEFRS i K- 11 6RAF ROAD,N[--T M 01950 TFLEL 9]9-501-5/97 i Lt K A,LIGHAI .i®b„ T. Sniotak. Esti. T;918-327.521, 1 r:97S-327-521k) T C� " 1'< € Y 5 � t. . '� is ttalakki smulttki p"i�laan�rruv November 15,2012 BY HAND John Simons,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Definitive Subdivision Approval-623 Osgood Street Request for Waivers of the PIanning Board's Rules and Regulations Governing the Subdivision of Land,as amended(the"Rules"). Applicant: Osgood Street Realty Trust Dear Chairman Simons and Other Board Members: F The following is the Applicant's request for waivers in connection with the request for approval of a definitive subdivision plan for 623 Osgood Street entitled "Definitive Subdivision Plan of Land,623 Osgood Street,North Andover, Massachusetts," dated November 8,2012(Rev.November 14,2012),prepared by GA Consultants,Inc. (the"PIan")and submitted to the Planning Board as revised on November 15,2012. The Plan complies with the applicable provisions of the Rules except for the proposed deviations mentioned below.Pursuant to G.L.c.41,§81R,and Sections 2.7 and 5.1.8 of the Rules,the Applicant hereby requests that the Board waive the requirement of strict compliance with the following provisions of the Rules: 1. Section 5.1-Definitive Application Procedure-Sections 5.1.4 and 5.1.5-Fees and Site Evaluation Statement. Request waiver of fees(Section 5.1.4)as this Application is designed to facilitate a transfer of land to the Town,along with a requested waiver of the submission requirement for Environmental and Community Impact Analysis as provided under Section 5.4,as such analysis may not be appropriate for a smaller subdivision as that proposed. 2. Section 5.1-Definitive Application Procedure-Sections 5.1.9(Construction Schedule),Section 5.1.11. Waivers requested because there will be no construction,and proposed deed will be negotiated with Town Counsel as a part of the conveyance process. 3. Section 5.2 Pian Form and Contents. Waive all requirements for plan form and contents except as shown on the Definitive Plan. Since plan will involve no construction and is designed to maintain existing improvements,there is no need to prepare detailed construction specifications for the roadway and other similar requirements,including a cover sheet,lot layout plan,grading,drainage and utilities plan, street plan and profile,typical sections,details and notes plan. East X11111,21 High Street,Suite 3131,Not•th Andover.MA 01845 NNINA-'1N�.Si1IOLAh'N'AUGHAN.CON,1 SMOLAK fir. VAUG AN LLP Jahn Simons,Chairman Planning Board November 15,2012 Also requesting waiver from including the granted waivers on the approved Definitive Plan. Adequate information has been included on the Definitive Plan to enable it to be recorded in accordance with the requirements of the Essex North Registry of Deeds. Since no construction is being proposed,required test data under Section 5.6 is proposed to be waived. 4. Sections 5.3 and 5.4-Stormwater Report and Environmental and Connmunity Impact Statement. Since no construction is proposed,there is no need for both a Stoimwater Report or an Environmental and Community Impact Statement. 5. Section 5.7-Performance Guarantee-Section 5.8 Lot Release. Waived. Or in the alternative,we request the Board to vote to authorize the Board Chair to execute a Covenant and the issuance of a full release of all lots from the Covenant. In accordance with Section 5.8,this letter serves as a formal request to release all lots from the covenant to be executed as well as a waiver of the requirements for w=ritten evidence of satisfaction of construction and other related conditions prior to lot releases. a 6. Section 5.14-As-Built Plans. Since no construction is proposed,a waiver from the requirement to prepare and submit as-built plans is requested. 7. Section 6.0-Requirements for Improvements and Design. Waiver requested from entire Section 6,including Sections 61 through 6.7 because no new improvements are being proposed,except for Sections 6.3.2(Lot Dimensions). 8. Section 6.7.5-Street Numbers. Street numbers required to be assigned by DPW and included w=ithin the application to the Board. Proposed-Street numbers to be assigned by DPW after Definitive Approval. 9. Section 6.8-Minimum Street Design Standards. Since there will be no construction and the proposed roadway follows the existing driveway,a waiver from design standards is requested except for minimum Right of Way,and Minimum.ROW Turnaround Radius. 10. Sections 6.9 through 6.24 and all Appendices. Granite Curbing,Sidewalks, Utilities,etc.. Required roadway improvements proposed to be waived since no new construction is proposed. The waivers requested are request to facilitate the conveyance of Lots 2 and 3 to the Town of North Andover,and to provide legal access and frontage from Osgood Street to Lot 1 which will be reserved by the owner. As a result,no road construction is proposed,and if approved by the Board,the Ousler family intends to continue to use the existing driveway contained within the"paper"roadway as the primary access from Lot 1 to Osgood Street. The waivers above are requested with the understanding that no construction is proposed on real property to be sold to the Town of North Andover. For each waiver requested,there are reasons which are in the public interest and are consistent with the intent and purpose of the Subdivision Control Las-v and the Rules to justify the waiver of strict compliance with the respective provisions of the Rules.The granting of the requests will be in the public interest because it will facilitate the conveyance of real property to the Town,and thus preserve both the aesthetic qualities of this segment of the Osgood Street corridor while at the same time preserving open SMOLAK & V,- UG'1IAN LLP John Simons,Chairman Planning Board November 15,2012 space for passive recreational uses in perpetuity. The requests are consistent with the purposes of the Subdivision Control Law because the Plan will enable the Applicant to create a subdivision with the sole purpose of creating legal frontage for Lot 1. Requests for Findings and Decisions The Applicant respectfully requests the Board to find that the proposed development is designed to provide sufficient roadway,utility anis drainage services while preserving and enhancing the site's topographic features and that the requested waivers are in the public interest and are consistent with the Subdivision Control Law. Please feel free to contact my office with any further questions or concerns. S erel-y�,' rohnft Smolak JTS/ cc: Judy Tymon,Town Planner Town Clerk`s Office(By Hand) Enright, Jean From: John Smolak[JSmolak@smolakvaughan.com] Sent: Thursday, November 15, 2012 8:43 AM To: Tymon, Judy Cc: Enright, Jean Subject: FW: 3-Lot Subdivision Changes Attachments: SKMBT_C45112111509160.pdf Hi Judy: spoke with John Simons this morning and he has asked that we shorten the cul de sac so that it terminates to the front (or south end of Lot 1) rather than extending to the top (or northerly boundary of Lot 1). See my markup of the attached plan below. We will have an updated plan to you by tomorrow. Regards, John Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 a \� -,arm o-�mxn+xeca.fa LOWS PLAN SCAL£9�mDY -,��'alrt MFAAemae�N r,.AwuHa awn A�iFa�fa rx�s�O:Tas2n crn�rt l ` , + � AxooveN aavma�a ',.. 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Enright, Jean From: Tymon, Judy Sent: Tuesday, November 13, 2012 10:27 AM To: Enright, Jean Subject: FW: Definitive Subdivision Application -623 Osgood St. Jean, It was 623 Osgood. From: Carney, John Sent: Wednesday, November 07, 2012 3:29 PM To: Tymon, Judy Subject: RE: Definitive Subdivision Application - 623 Osgood St. The Police Department has no public safety concerns with this application. Lt.John Carney Operations Divison Commander North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Phone 978.683.3168 Fax 978.686.1212 Email icarney@napd.us Web www.napd.us ti f From: Tymon, Judy Sent: Wednesday, October 31, 2012 4:15 PM To: Willis, Gene; Willett, Tim; Hmurciak, Linda; Hughes, Jennifer; Sawyer, Susan; Grant, Michele; Brown, Gerald; Melnikas, Andrew; McCarthy, Fred; Carney, John; Zagarri, Beverly Cc: Bellavance, Curt; Enright, Jean Subject: Definitive Subdivision Application - 623 Osgood St. Folks, Attached you will find an application for a 3 lot Definitive Subdivision located at 623 Osgood St. There are no plans to build the subdivision. The application is being filed with the Planning Office for appraisal purposes only. Town Meeting voted this past June to acquire the property using CPA funds,with the exception of the lot 1, on which the existing 1 house is located. This application will also create a separate lot for the existing home. Let me know if you have any questions. This memo is in place of the usual Form L. Judith M.Tymon Town Planner Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9535 Fax 978.688.9542 Email itymonC@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email 2 TOWN OF NORTH ANDOVER DIVNION OF PUBLIC 384 OSGOOD STREET NORTH ADOVER, MASSACHUSETTS 018455- 09 BRUCE D, THIBODEAL). RE. DIRECTOR Eugene P. Wi&s, PE Telephone '97 685-0950 FCI-V (97 688-9573 neering December 24, 2012 Ms. Judy Tymon,Town Planner North Andover Planning Board Osgood Landing North Andover, MA. 01845 Re: Definitive subdivision approval 623 Osgood St. Dear Board Members, I am in receipt an e-mail from Town Counsel dated December 21, 2012 regarding the proposed subdivision approval referenced above. That e-mail contains six attachments;they are: a Plan of Easement, a Declaration of Restriction, a Clean Purchase Agreement,the Planning Board Decision,the Definitive Subdivision Plan, and an ANR Plan. The Planning Board decision,under Special Conditions—3)Prior to Endorsement of the Plan -item G,requires review and approval of easement documents and deed restrictions by Town Counsel and the Town Engineer. I offer the following comments/questions on those attachments below: Plan of Easement dated Dec. 20, 2012 by GA Consultants Inc 1. The plan is unstamped and unsigned. 2. There is no legend on the plan. 3. There are various lines (apparently easements) drawn on the plan that have no bearings or distances. 4. There have been reports of the water service to lot 1 leaking. This should be investigated and terminated or repaired. Please see the attached letter from Tim Willett from the Water Dept. to the property owner dated December 10, 2012. 5. The existing water service to lot 1 should be shown if it crosses property to be transferred to the Town. Easement Documents 1. No written descriptions of the proposed easements have been provided. 2. To whom are these easements being granted? 3. What are the purposes for these easements? 4. What are the rights and responsibilities created by these easements? Declaration of Restriction 1. I have not reviewed the document in its entirety but am in agreement with items 1 &2 contained therein. Page 2 12/26/12 Clean Purchase Agreement 1. No review or comment required by Town Engineer. The Decision 1. No review or comment required by Town Engineer. The Definitive Subdivision Plan 1. No review or comment required by Town Engineer. ANR Plan dated Dec. 20, 2012 by GA Consultants Inc. 1. No review or comment required by Town Engineer. ce rely, Y �ene P. Willis P.E. Director of Engineering Copies: file, Atty. Carol McGravey, Urbelis &Fieldsteel LLP; Bruce Thibodeau, Director N. Andover DPW; Timothy Willett,N. Andover Water Dept. siol 384 OSLO D STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU, P.E. DIRECTOR Timothy J. Willett Telephone (978) 685-0950 Operations Manager '' Fax (978) 688-9573 December 10,2012 Ms. Linda Ousler 623 Osgood Street North Andover, MA 01845 RE: Water Service Leak Dear Ms. Ousler: Please arrange to have the leaky pipe repaired to the rear of your properly, as it has been leaking for a while. You will most likely have to hire an excavating contractor to dig up the pipe and make the repair. If you need our assistance,please call me at the above telephone number. Very truly yours, Timothy JWillett Operations Manager TOWN 1F NORTHANDOVER DIVISION Of P1BLI NORTH ANDOVER, MASS AC HUS ETTS 01845-22909 BRUCE D, T11JB0DEAU, RE, DIRECTOR ugerre— ff%rcl s, PE . T leiFro re ( ;8) 685-0950 Director of 'eg eeeri:fg £ca (9778) 088-9 7 December 27, 2012 Ms. Judy Tymon, Town Planner North Andover Planning Board Osgood Landing North Andover,MA. 01845 Re: Definitive subdivision approval 623 Osgood St. Dear Board Members, I have been asked to review stamped drawings located in the Planning Dept. office that replace drawings reviewed in my Dec. 24, 2012 letter to the Board. Those drawings are:ANR Plan of Land 623 Osgood St., dated December 20, 2012 by GA Consultants Inc., and Easement Plan of Land 623 Osgood St., dated December 20, 2012 by GA Consultants Inc. My comments are listed below: ANR Plan dated Dec. 20,2012 by GA Consultants Inc. 1. No review or comment required by Town Engineer. Plan of Easement dated Dec. 20,2012 by GA Consultants Inc 1. There is no legend on the plan. 2. There are various lines (apparently easements) drawn on the plan that have no bearings or distances. It is impossible to locate the easements on the locus without this information. 3. Note 3 under GENERAL NOTES on the plan states: "The purpose of the plan is to adjust lot lines for lot 1, lot 2, and lot 3..." This note seems to contradict the intended purpose of the plan. I have no comment on the ANR Plan. The Plan of Easement does not meet current engineering standards for an easement plan and is not approvable in its current form. Is it possible to record the plan as currently drafted and then record a subsequent modification to that plan? These modifications, to include a legend, bearings and distances, and address note 3 would meet engineering standards and make the plan approvable. Si rly, � ene Wi lis P.E. ector of Engineering Copies: file,Atty. Carol McGravey,Urbelis&Fieldsteel LLP; Bruce Thibodeau,Director N.Andover DPW; Timothy Willett,N.Andover Water Dept. TOWN OF NORTH ANDOVER DIVI SION OF PUBLIC WORKS 584 OSGOOD STREET NORTH AND()VE R, MASSACHUSETTS 01845-2/2909 BRUCE D- THIBODEALL, RE. DIRECTOR Eugene P, Willis, PE Telephone (978) 685-0950 Direcior of'Engineeri I na Fay (978) 688-93-73 December 28, 2012 Ms. Judy Tymon, Town Planner North Andover Planning Board Osgood Landing North Andover, MA. 01845 Re: Definitive subdivision approval 623 Osgood St. Dear Board Members, I have been asked to review the proposed deed transferring lots 2 & 3 in the above referenced subdivision to the Town of North Andover. I approve of the deed reserving an easement to the Grantor, its successors, and assigns to enable any future work required within those easements. This is an acceptable alternative to the plan review required by the planning board. 9 e P. Willis P.E. Director of Engineering Copies: file,Atty. Carol McGravey, Urbelis&Fieldsteel LLP; Bruce Thibodeau, Director N. Andover DPW; Timothy Willett,N. Andover Water Dept.