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Town of North Andover
Town Planner Office of the Plamdug Department ,
Lincoln Daley Community Development and Services Division
400 Osgood Street71
Nath.Andover,Massachusetts 01845 U-7 lei
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(918)688-9535 w1
NOTICE OF DECISION
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Any appeal shall be filed Date: April 22,2005 -P
within twenty(20)days after Hearing Dates:January 18, 2005 tbru
the date of filing this Notice April 19,2005
in the Office of the Town Clerk
Petition of. Chestnut Development LLC,231 Sutton Street,
North Andover,MA 01845
Premises Ailected: Autumn Chase("Molly Towne Road-),
Summer Street,North Andover.
Referring to the above petition for a Special Permit for a Definitive Subdivision,known as Autumn Chase
("Molly Towne Road"). The application was determined to be complete and was noticed and reviewed in
accordance with the procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L.c.41 (the"Subdivision Control Law").
So as to allow: For the approval and construction of a development of a definitive subdivision consisting
of 16 single-family residences and approximately ten(10)acres of Usable Open Space
within the Residential 2(R-2)Zoning District.
At a public hearing given on the said date above,,the Planning Board voted unanimously(4-0)to
APPROVE a Definitive Subdivision Special Permit for the Autumn Chase 16 single-family residential
subdivision based and open space in accordance with the following conditions:
Si
LincolnJ.Daley,T wn Planner
cc: Applicant
Engineer Alberto Angles,Chairman
Abutters John Simons
DPW Richard Nardella
Building Department George White
Conservation Department James Phinney
ZBA
Health Department
HOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 REALTH 698-9540 PLANNING 688-9535
Autumn Chase Definitive Subdivision Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a new sixteen(16)lot subdivision
for 16 single-family homes, known as Autumn Chase. Chestnut Development,LLC, 231 Sutton Street,
North Andover, MA 01845, submitted this application on December 17, 2004. The area affected is on
Summer Street and is located in the Residential Two(R-2)Zoning District.
The Planning Board makes the following findings as required by Section 5.6 of the Town of North
Andover Rules and Regulations Governing the Subdivision of Land:
A. The approved Definitive Plan, dated December 1, 2004, revised April 4 2005, satisfies all
requirements of the Planning Board Rules and Regulations regarding the subdivision of land The
above referenced plans are complete and technically adequate.
B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a
subdivision by ways that will be safe andconvenient for travel. The plan has been reviewed by the
town's consulting engineer, VHB, and has been found to be acceptable in that it provides adequate
access. Furthermore, the applicant submitted a traffic impact and access memorandum that was also
found to be acceptable.
C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways. Conventional development of this subdivision plan would allow a maximum buildout of
16 new lots,which would include frontage lots and numerous driveways entering and exiting Summer
Street.
D. The approved Definitive Plan reduces danger to life and limb in the operation of motor vehicles.
Again, conventional development of this subdivision plan would allow a maximum buildout of 16
new lots, including ANR lots along.Summer Street. These ANR lots would create additional
driveways entering and exiting Summer Street,creating unnecessary pedestrian and vehicle conflicts.
E. The approved Definitive Plan secures safety in the case of fire, flood,panic and other emergencies.
The new roadway and driveway will provide ample access to the homes during emergency situations.
F. The approved Definitive Plan complies with the Town of North Andover Zoning By-law.
G. The approved 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. The Definitive Plan has been reviewed by
the appropriate public safety agencies and has been found to be acceptable.
H. The Definitive Plan coordinates the ways in neighboring subdivisions.
I. The Definitive Plan conforms to the design and construction standards described in the Rules and
Regulations and in the attached Appendices with the exceptions of waivers granted in Condition#17.
J. The Definitive Plan conforms with all applicable zoning requirements.
Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirements and Approves the subdivision subject to following conditions:
Autumn Chase Definitive Subdivision
Conditional Approval
1) Environmental Monitor. The applicant shall designate an independent environmental monitor
who shall be chosen to consultant with the Planning Department The Environmental Monitor must
be available upon four (4) hours' notice to inspect the site with the Planning Board designated
official. The Environmental Monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board throughout the duration of the project. The monthly reports shall detail
areas of non-compliance, if any,and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following:
a) A Site Opening Bond in the amount of fifteen thousand (515,000) dollars to be held by the
Town of North Andover, The Site Opening Bond shall be in the form of a check payable to the
Town of North Andover that will be placed into an interest bearing escrow account. A covenant
(FORM 1) securing all lots within the subdivision for the construction of ways and municipal
services must be submitted to the Planning Board.Said lots may be released from the covenant upon
posting of security as required in Condition 5(c).
b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on
the subdivision.
c) All subdivision application fees must be paid in full and verified by the Town Planner.
d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Board's recorded decision. A W set of final plans reflecting any required changes outlined in
VHB's report dated Apr0 1, 2005 must be submitted to the Town Planner for review prior to
endorsement by the Plarming Berard. These plans must be submitted within ninety (90)days of
filing the decision with the Town Clerk.
e) The Subdivision Decision for this project must appear on the mylars.
f) A Phased Development Schedule mint be submitted for signature by the Planning Board, which
conforms to Section 4.2 of the North Andover Zoning Bylaw. The schedule must show building
permit eligibility by quarter for all lots.
g) 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.
h) Final water service and water pump designs must be approved by the Division of Public Warks primo
the Planning Board's endorsement of the record per. A memorandum from the Division of Public
works confirming these plans have been approved must be provided to the Planning Department
Page:2 of 7
Autumn Chase Definitive Subdivision
Conditional Approval
3) Prior to ANY WORK on site:
a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
b) AU erosion control measures as shown on the plan and outlined in the erosion control plan must be in
place and reviewed by the Town Planner.
c) Police details will be provided as necessary.The applicant shall coordinate the construction schedule
with the North Andover Police Dent and submit a final schedule to the Planning Board prior
to construction commencing
4) Prior to Construction on Site:
a) Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as
otherwise designated, and must be inspected by the Town Planner. The Town Planner must be
contacted to review the marked tree line prior to any cutting on site. The applicant shall then
supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees
have been cut in accordance with the approved plans.
5) Throughout and During Construction:
a) Dust mitigation(such as dewatering)and roadway cleaning must be performed weekly,or as
deemed necessary by the Town Planner,throughout the construction process.
b) Street sweeping must be performed,at least once per month,throughout the construction process,or
more frequently as directed by the Town Planner.
c) Hours of operation during construction are limited from 8 a.m.to 5 p.m.,Monday through Saturday.
6) Prior to any lots being released from the statutory covenants:
a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified
copy of the following documents:recorded subdivision approval,recorded Covenant(FORM I),
and recorded FORM M must be submitted to the Town Planner as proof of recording.
b) The applicant must submit a lot release FORM d to the Planning Board for signature
c) A Performance Guarantees in an amount to be detennined by the Planning Board, shall be posted to
ensure completion of the work in accordance with the Plans approved as part of this conditional
approval. The bond must be in the form wxq3tabk to the North Andover Planning Board Items
covered by the Bond may include,but shall not be limited to:
i) as-built drawings;
ii) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vii) drainage facilities
vii) site restoration
viii)fmal site cleanup
Page 3 of'7
7
Autumn Chase Definitive Subdivision
Conditional Approval
d) The Planning Board has determined that due to the size,scale and complexity of this project,outside
inspectional services shall be provided by the Town's Consulting Engineer,at the applicant's cost,in
accordance with Section 5.73(a)of the Town of North Andover Subdivision Regulations. As such,
the applicant shall request an estimate of the inspectional services from the Town Planner, and the
Town Planner shall provide the applicant with this estimated cost. The applicant shall then deposit
that amount of funds in an account with the Planning Department, which will be utilized to pay for
these required inspectional services. The applicant shall conform to the general construction
procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations.
7) Prior to Building Permit bsuance for an individual lot, the following information is required by the
Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b)
above.
b) A plot plan for the lot in question must be submitted,which includes all of following:
i) Location of the structures
ii) Location of the driveways,
iii) Location of the septic systems if applicable,
iv) Location of all water and sewer lines,
v) Location of wetlands and any improvements required under a NACC order of
condition,
vi) Any grading called for on the lot,
vii)All required zoning setbacks,
viii)Location of any drainage,utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff
shall make final determination of appropriate measures.
d) Lot numbers,visible from the roadways must be posted on all lots.
e) An as-built plan must be submitted to the Division of Public Works and VHB for review and
approval prior to acceptance of the sewer appurtenances for use.
f) The roadway must be constructed to at least binder coat of pavement to properly access the lot in
question. Prior to construction of the binder coat, the applicant shall ensure that all required
inspection and testing of water, sewer,and drainage facilities has been completed. The applicant
must submit to the Town Planner and the Department of Public Works an interim as-built,certified
by a professional engineer,verifying that all utilities have been installed:in accordance with the plans
and profile sheet. The interim as-built plan shall be prepared in accordance with the definition listed
in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the
Town of North Andover Subdivision Regulations.
g) Any driveway permits required for the new lots must be secured and all fees paid for from the
Department of Public Works, along with necessary sewer correction,water connection, and sewer
mitigation permits.Proof of the secured driveway permits and payment of water and sewer fees shall
be provided to the Planning Department
h) The applicant shall adhere to the following requirements of the Noah Andover Fire Department
and the North Andover Building Department:
Page 4 of 7
Autumn Chase Definitive Subdivision
Conditional Approval
i) All new homes must contain a residential fire sprinkler system. The plans and hydraulic
calculations for each residential system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each residential
system must also be supplied to the Building Department.
8) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
required:
a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover
Board of Health,and Conservation Commission
b) The residential fire sprinkler system must be'installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building
Code. Certification that the system has been installed primly in accordance with the above
referenced regulations must be provided from both the North Andover Fire Department and the
Nath Andover Building Department to the applicant. The applicant must then provide this
certification to the North Andover Planning Department.
c) Permanent house numbers must be posted on dwellings and be visible from the road.
d) There shall be no driveways placed where stone bound monuments and/or catch basins are to beset.
It shall be the developer's responsibility to assure the proper placement of the driveways regardless of
whether individual lots are sold. The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
e) If a sidewalk is to be constructed in fist of the lat,the applicant shall submit an as-built plot plan to
the Town Planner depicting the sidewalk has been constructed.
f) Any and all street trees required to be planted in front of the lot shall be planted.The applicant shall
submit an as-built plot plan to the Town Planner certifying that the street trees have been Planted-
9)
lanted9) Prior to the final release of security retained for the site by the Town,the following shall be completed
by the applicant:
a. An as-built plan and profile of the site shall be submitted to the DPW and Planning Departnent for
review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision
Rules and Regulations.
b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with
Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. Prior to submitting
a warrant for such petition the applicant shall review the subdivision and all remaining work with the
Town Planner and Department of Public Warks. The Planning Board shall hold a portion of the
subdivision bond for continued maintenance and operations until such time as Town Meeting has
accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's
responsibility to insure that all proper easements have been retarded at the Registry of Deeds and
copies provided to the North Andover Planning went.
10) The Applicant shall ensure that all Planning,Conservation Commission,Boma ofHealth and Division of
Public Works requirements are satisfied and that construction is in strict compliance with all approved
plans and conditions.
11) The applicant shall adhere to the following requirements of the Fire Department:
Page 5 of 7
Autumn Chase Definitive Subdivision
Conditional Approval
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute
and only with the review and approval of the Fire Department and Conservation Commission.
12) There shall be no burying or dumping of construction material on site.
13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility
companies.
15) Any action by a Town Board, Commission, or Department which requires changes in the roadway
alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be
subject to modification by the Planning Board
16) The utilities must be installed and the streets or ways constructed to bind coat two Years from this
approval. If the utilities are not installed,the streets or ways are net constructed to binder coat and the
Planning Board has not granted an extension by the above referenced date, this definitive subdivision
approval will be deemed to have lapsed.
17) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the
natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan,
a reforestation plan must be submitted as outliner in Section 5.8(6)of the Zoning Bylaw.
18) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North
Andover, Massachusetts, November 2000, amended December 2002, have been GRANTED by the
Planning Berard. These waivers have been granted as the Planning Board has determined that the
construction of the proposed roadway should retain the rural character of the neighborhoods surrounding
it, specifically Rea and Chestnut Streets. Furthermore,the waivers granted will minimize the impact to
the surrounding slopes and wetlands,and abutting properties.
a) Waiver from Section 5.4.4.3a-c Public So-vim Impact on Fire,Schools and Police has been granted.
This waiver is granted due to the fact that the applicant has submitted plans to the above departments
and provided them ample unity to comment on the proposed impact the subdivision may have
on their respective departments.
b) Waiver from Section 6.8.1,roadway width has been,Wanted. This will allow for a 24-foot roadway
width vs.the required 26-foot roadway width.
c) Waiver from Section 6.8,1, cul-de-sac'maximum length has been granted This will allow for a
' +_ um of 600'. Due to the provision of residential fire
/ foot cul-de-sac v . the maximum 87 s
1 length
sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department
nor the Police Department have objected to this cul-de-sac length
19) This Definitive Subdivision Plan approval is based upon the following information incorporated into this
decision by reference:
Plan titled: Definitive Subdivision and Special Permit Plan
Autumn Chase in North Andover,MA
Page 6 of 7
Autumn Chase Definitive Subdivision
Conditional Approval
Prepared For: Chestnut Realty Development,LLC
Prepared By: Merrimack Engineering Services,Inc.
64 Park Strep
Andover,MA 01810
Dated: December 1,2004,revised:.April 5,2005
Sheets: 1 through 17
Scale: 1"=40'
Study titled: Project Report on Drainage&Sedimentation Control
Molly Towne Road,North Andover,Massachusetts
Prepared For: Chestnut Realty Development,LLC
Prepared By: Merrimack Engineering Services,Inc.
64 Park Street
Andover,MA 01810
Dated: December 14,2004,revised:March 8,2005
Plan Titled: Conceptual Streetscape&Buffer Planting Plan and Landscape Details
Autumn Chase in North Andover,MA
Prepared for: Chestnut Realty Development,LLC
Prepared By: Huntress Associates,Inc.
17 Tewksbury Street
Andover,MA 01810
Dated: March 21,2005
Sheets: 1 through 3
Scale: 1"=40'
Report titled: Traffic Impact&Access Study
Prepared for: Chestnut Development,LLC
Prepared By: Dermot J.Kelly Associates,Inc.
280 Main Street,Suite 204
North Reading,MA 01864
Page 7 of 7