HomeMy WebLinkAbout2011-09-20 Planning Board Supplemental Materials (8)
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:
September 20, 2011
Date of Hearing:
August 17, 2010, November
16, 2010, December 21, 2010, February 15,
2011, June 21, 2011, September 6, 2011.
September 20, 2011,
Date of Decision:
September 20, 2011
Petition of: GMZ Realty Trust
Route 125 & Bradford St.
North Andover, MA 01845
Premises Affected: 1679 Osgood St., North Andover, MA 01845, Map 61, Parcels 16 and 34, and
Map 31 Lot 4 within the R-2 and CDD3 zoning districts.
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 construct a nine-lot subdivision, including
the construction of a roadway with a cul-de-sac, a private right-of-way with a hammerhead turn-around, a
private shared driveway, the installation of stormwater management infrastructure, the installation of
underground utilities, the installation of separate septic systems and separate water supplies and substantial
grading in the R-2 and the Corridor Development District 3 Zoning Districts.
nd
After a public hearing given on the above dates, and upon a motion by T. Seibert and 2 by M. Colantoni to
APPROVEApplication for a Definitive Subdivision Plan,
the as amended, and based upon the following
in favor of
conditions. A vote of 3 - 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Timothy Seibert
Michael Colantoni
1
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
The Planning Board herein APPROVES the Application for a Definitive Subdivision so as to construct a
nine-lot subdivision, including the construction of a roadway with a cul-de-sac, a private right-of-way with a
hammerhead turn-around, a private shared driveway, the installation of stormwater management
infrastructure, the installation of underground utilities, the installation of separate septic systems and separate
water supplies and substantial grading in the R-2 and the Corridor Development Zoning Districts, Map 61,
Parcels 16 & 34, and Map 31 Parcel 4. The application was filed with the Planning Board on July 16, 2010.
The public hearing on the above referenced application was opened on August 17, 2010 and closed by the
North Andover Planning Board on September 20, 2011. The applicant provided written requests for
extensions to the following dates: September 21, 2010, December 25, 2010, January 31, 2011, February 28,
2011, April 30, 2011, July 30, 2011, September 30, 2011. 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 July 14, 2010 and last revised July 21, 2011 are both
substantially complete and technically adequate, except as amended herein.
B) The “Overview - Lot Layout Plan (Sheet 5 of 22)” for the Definitive Subdivision Plan dated
July 21, 2011 shows a lot layout that depicts the creation of nine lots, each of which has
frontage on the new cul-de-sac or the new hammerhead turn-around and each of which is at
least 43,560 sq. ft. in area. The Plan thus conforms to all applicable zoning requirements.
C) The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation
of a cul-de-sac and hammerhead turn-around, in place of two full cul-de-sacs is less intrusive
than that of a conventional subdivision road and that the design is more in keeping with the
character of the neighborhood. This design was reviewed and approved for safety access by
the North Andover Fire Department. The applicant has provided a Yield Plan, dated
November 12, 2010 and updated July 14, 2011, with two conventional cul-de-sac roads that
would have been more intrusive and would have had much greater impact on the natural
topography and site features of the neighborhood and the surrounding environment.
D) The proposed roadway layout provides for adequate access to the nine new lots on Saracusa
Way that will be safe and convenient for travel.
E) The roadway layout and stormwater management systems as depicted in Sheet 3 of 4
(Grading and Drainage Plan) has been found to provide a design that is compatible with the
surrounding neighborhood, that provides for adequate drainage and stormwater management.
F) All Plans and related submissions were reviewed by the town’s outside consultants and were
found to be in conformance with the Town of North Andover’s Rules and Regulations
Governing the Subdivision of Land.
G) The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
H) The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
2
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
I) 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.
J) 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.
K) The Definitive Plan has been reviewed by the Department of Public Works and the Fire
Department and has been found to be acceptable.
L) 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 acre parcel of land with land fronting on Osgood
Street and Bradford Street as shown on a portion of Assessors Map 61, Parcels 16 & 34 and Map
31 Lot 4, also known as 1679 Osgood Street, North Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by Jones & Beach Engineering, Inc. dated July 14, 2010,
revised on 11/12/10, 01/07/11, 5/20/11, 6/21/11, 6/27/11, 6/30/11, 7/21/11, titled “Definitive
Subdivision Plan Tax Map 61 Lots 16 & 34 & Tax Map 31 Lot 4 1679 Osgood Street & Bradford
Street North Andover, MA”, located in North Andover, Mass, record owner GMZ Realty Trust,
1679 Osgood Street, North Andover, Ma and applicant GMZ Realty Trust, 1679 Osgood Street,
North Andover, MA 01845.
C) The “Project” or “1679 Osgood Street” refers to the construction of a nine-lot subdivision,
including the construction of a roadway with a cul-de-sac, a private right-of-way with a
hammerhead turn-around, a private shared driveway, the installation of separate septic systems
and separate water supplies and substantial grading in the R-2 and the Corridor Development
Zoning Districts.
D) The “Applicant” refers toGMZ 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.
2) The roadway, utilities and stormwater management systems will be constructed according to the
Plans, with the following waivers granted by the Town of North Andover Planning Board, according
to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of
Land.
A) Section 5.4.4.6 Traffic Impacts.
B) Appendix II-1. Pipes, culverts and Drains. The applicant is specifying ADS N-12 pipe in place of
concrete ASTM C-76 Class 4 pipes.
C) Appendix V-3.G Nitrogen and/or Phosphorous Loading Report.
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GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
The following waivers are requested for the ROW with cul-de-sac, identified on the Plan as Saracusa
Way. These waivers are hereby granted in consideration of the fact that the design of the roadway
was changed from that of a conventional subdivision road to the less intrusive roadway design as
presented on the approved Definitive Subdivision Plan:
A) Section 6.8.1 Table 1A. Minimum pavement width is 26’. 24’ is proposed. Impervious
area will be decreased, making the subdivision compatible with the surrounding neighborhood.
B) Section 6.8.1 Table 1A. Maximum Length (Roadway plus Turnaround). Maximum length is
600’. Proposed length is 1062’.
C) Section 6.21. No Street Lighting.
D) Section 6.9. No curbing is proposed.
The following waivers are requested for the hammerhead turnaround:
A) Section 5.1.5 Site Evaluation and 5.4 Environmental and Community Impact Statement
B) Section 6.7.4. & 5.Street Name & Numbers. Street to be named and numbers assigned subsequent
to Definitive Plan approval.
C) Section 6.8. Streets – Design Standards. The applicant is proposing a 40 ft. wide ROW, with 12’
of pavement and a hammerhead design, built according to the street construction specifications in
Appendix 1.
D) Section 6.9, 6.11 and 6.21. Granite Curbing, Sidewalks and Street Lighting. No Granite curbing,
sidewalks or lighting is proposed
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
requirements will not impair the functioning, long term maintenance nor appearance of the future
development of the land shown on the Plan, 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 development objectives.
3) The hammerhead turnaround (Lots 16-5, 31, &16-6), the common driveway (Lots 16-7&16-8), the
gravel wetlands (Lot 16-1 &16- 2), the infiltration ponds and sediment forebays (Lot 16-3) will
remain private, in perpetuity, to be maintained by a homeowner’s association, such
maintenance to include but not limited to snow removal, pavement repair or replacement, with the
terms of ownership and maintenance to be documented in the Homeowner’s Association
Agreement, with a reference in the respective deeds for each lot in the subdivision. An access
easement for those lots that contain drainage structures shall be provided for maintenance of
those structures.
4) All bio-retention areas (rain gardens), infiltration basins, grassed swales and drainage channels that
are located on individual lots shall be maintained in perpetuity by individual lot owners, with the
terms of ownership and maintenance to be documented in the respective deeds for each lot in the
subdivision.
4
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
5) Upon acceptance of the road by the town of North Andover by vote at a Town Meeting, the road
indicated on the plan as Saracusa Way shall be maintained by the town of North Andover. This
maintenance shall include stormwater drainage structures that are located within that ROW.
6) The wooded areas indicated on sheet A4 and A5 (designated on the plan as “Deed Restricted
Wooded No Cut Buffer”) are to remain and will be maintained in perpetuity. This condition shall be
documented in a covenant, with reference to the covenant in the respective deeds for each lot.
7) The Stormwater Pollution Prevention Plan and the Operations & Maintenance Plan shall be updated
to reflect the ownership and maintenance responsibilities as outlined in Special Conditions #3, #4
and #5.
8) The applicant shall obtain an approved Septic System from the Board of Health and shall present a
modified plan to the Planning Board, with the approved Septic System shown on that plan. The
Planning Board will determine if a Modification of the approved Definitive Subdivision Plan is
required.
9) The applicant must file an ANR plan to combine the remaining land from the parcel noted as Map
31, Lot 4, “Non-buildable Lot”, with the parcel noted as Map 31, Lot 4
10) In consideration of the approval of the Plan, there is to be no further division or subdivision of a
part or portion of the parcel. This restriction is to be documented in the respective deeds for each
lot in the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
Prior to endorsement
1) of the plans by the Planning Board the applicant shall adhere to the
following:
FORM I
a. A covenant () 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
PRIOR TO ANY LOTS
covenant upon posting of security as required in Condition 2 under “
BEING RELEASED FROM THE STATUTORY COVENANT
”.
b. An approved Septic System Plan must be presented to the Planning Board.
fifteen thousand ($15,000) dollars
c. A Site Opening Bond in the amount of to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made out
to the Town of North Andover that will be placed into an interest bearing bond account.
d. Easement documents, deed restrictions, covenants , Homeowner’s Association Agreements and
maintenance agreements concerning the private road and the drainage structures 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. The applicant shall record
all such documents with the Registry of Deeds and shall provide the Planning Board with a copy
of the recorded documents.
e. Deed restrictions must be imposed on all lots regarding the further subdivision of the lots, as
noted in Special Condition #9.
FORM M
f. The applicant must submit to the Town Planner a for all utilities and easements
placed on the subdivision.
g. All drainage, water and sewage facilities designs shall be approved by the North Andover
Division of Public Works.
h. The applicant must meet with the Town Planner in order to ensure that the plans conform to the
ninety (90) days
Board's decision. These plans must be submitted within of filing the decision
with the Town Clerk.
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GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
i. The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and
the list of waivers for this project must appear on the mylars.
j. A Development Schedule must be submitted for signature by the Town Planner.
k. 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.
l.
The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The construction monitor must be available upon
four (4) hours notice to inspect the site with the Planning Board designated official. The
construction 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
area of non-compliance, if any, and actions taken to resolve these issues.
m.
The applicant will provide copies of all Decisions, Notification and Orders of Conditions
from the North Andover Conservation Commission.
n.
The applicant will also provide a copy of any decision made by any other town board
regarding this subdivision. If, as a result of any decision made by another town board, the
proposed plan as approved by the Planning Board is changed, the Applicant shall provide
those changes to the Planning Board for approval.
PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK
1) The record plans must be endorsed by the Planning Board and both this decision and the plans must
be recorded by the applicant at the Registry of Deeds.
2) Three (3) copies of the signed, recorded plans and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners’ agreement and maintenance documents referred to in
Condition 3 and 4 under “Special Conditions”.
3) Yellow “Caution” tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site.
4) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
5) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
6) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. The DPW will determine the amount of the contribution and evidence of DPW’s
determination and a receipt for the contribution must be submitted to the Town Planner.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
1) The applicant must submit a lot release (FORM J) to the Planning Board for signature.
2) A Performance Guarantee in an amount to be determined by the town’s engineer and by the Town
Planner, 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 acceptable to the North Andover
Planning Board. Items covered by the Bond may include, but shall not be limited to:
a. as-built drawings;
b. sewers and utilities;
6
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
c. roadway construction and maintenance;
d. lot and site erosion control;
e. site screening and street trees;
f. drainage facilities;
g. site restoration;
h. final site cleanup.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1) All roads depicted on the plan, including Saracusa Way, the common driveway and the hammerhead
turnaround, must be constructed to binder paving with stabilized shoulders and the rain gardens in
place.
2) A Plot Plan for the lot in question must be submitted to include the following:
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Any graded called for on the lot
e. Location of drainage, utility and other easements.
3) All appropriate erosion control measures for the lot shall be in place.
4) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
5) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
6) Lot numbers, visible from all roadways must be posted on all lots. Granite markers with house
numbers visible shall be installed at the entrance to the common driveway and the hammerhead
turnaround driveway. All lots will have a Saracusa Way address.
DURING CONSTRUCTION
1) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
2) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance, any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) House numbers for each lot must be posted so as to be seen from the street.
7
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
4) 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.
5) The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
6) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
7) All homes must be equipped with a home sprinkler system that will be installed according to current
building code standards. The sprinkler systems must be inspected and approved by the North
Andover Fire Department.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
1) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department.
2) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
4) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
2) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
3) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
4) 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.
8
GMZ Realty Trust, Saracusa Way, 1679 Osgood Street
Map 61, Parcel 16 & 34 & Map 31 Parcel 4
5) 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.
6) 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.
7) The following information shall be deemed part of the decision:
Plan titled:
“Definitive Subdivision Plan, Tax Map 61 Lots 16, 34, and Tax Map 31 Lot 4, 1679
Osgood St. & Bradford St., North Andover, MA
Prepared for
: GMZ Realty Trust
Route 125 & Bradford St.
North Andover, Massachusetts
Prepared by:
Jones and Beach Engineering, Inc.
85 Portsmouth Ave, PO Box 219
Stratham, NH 03885
Scale:
1” = 60’
Date:
July 14, 2010, revised on 11/12/10, 01/07/11, 5/20/11, 6/21/11, 6/27/11, 6/30/11,
7/21/11,
Sheets:
1 - 22
Application for Definitive Subdivision Plan
Received:
July 16, 2010
Drainage Analysis, Sediment and Erosion Control Plan andStormwater Pollution Prevention
Plan:
Received:
July 12, 2010, updated May 18, 2011, January 8, 2011 and June 30, 2011
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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