HomeMy WebLinkAbout2011-12-20 Planning Board Supplemental Materials
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:
December 20, 2011
Date of Hearing:
October 4, 2011, November
1, 2011, December 6, 2011, and December 20,
2011
Date of Decision:
December 20, 2011
Petition of: Margaret Fiore
16 Berry Street
North Andover, MA 01845
Premises Affected: 16 Berry Street
Assessors Map 106D, Parcel 33.
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 an eleven-lot subdivision,
including the construction of a roadway with a cul-de-sac, the installation of stormwater management
infrastructure, the installation of underground utilities, the installation of a sewer pump station, connections to
existing water and sewer service and grading in the R-3 Zoning District.
nd
APPROVE
After a public hearing given on the above dates, and upon a motion by X and 2 by X to the
Application for a Definitive Subdivision Plan,
as amended, and based upon the following conditions. A
in favor of
vote of X- 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Timothy Seibert
Michael Colantoni
Rickey Glover
1
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
The Planning Board herein APPROVES the Application for a Definitive Subdivision to construct an eleven-
lot subdivision, including the construction of a roadway with a cul-de-sac, a sewer pump station, connections
to existing water and sewer service and grading in the R-3 Zoning District, Map 106D, Parcel 33. The
application was filed with the Planning Board on September 2, 2011. The public hearing on the above
referenced application was opened on October 4, 2011, and closed by the North Andover Planning Board on
December 20, 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 August 2011, and last revised December 22, 2011 are
both substantially complete and technically adequate, accept as amended herein.
B.The “Lotting and Easement Plan” (Sheet C2.1)” for the Definitive Subdivision Plan last dated
December 22, 2011 shows a lot layout that depicts the creation of eleven lots, three of which
have frontage on a new cul-de-sac, with the remaining eight lots having frontage on Berry
Street and each of which is at least 25,000 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 is in keeping with the character of the neighborhood. This design was
reviewed and approved for safety access by the North Andover Fire Department.
D.The proposed roadway layout provides for adequate access to the three new lots on a new
cul-de-sac that will be safe and convenient for travel.
E.The roadway layout and stormwater management systems as depicted in Sheets C5.1 and
C5.2 (Grading, Drainage and Plan) have been found to provide a design that is compatible
with the surrounding neighborhood, in that it provides for adequate drainage and stormwater
management.
F.The installation of Low Impact Development (LID) stormwater structures along the proposed
roadway and on the individual lots has been shown to be effective in mitigating and treating
stormwater. The Planning Board finds that these structures have been designed using best
management practices and will effectively mitigate any increase in stormwater runoff as a
result of the creation of the subdivision.
G.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.
H.The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
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.
2
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
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 design of the Sewer Pump Station to be installed on Parcel P as shown on Plans entitled
“Sewer Extension Permit”, Sheet C1.1 through Sheet C3.1, dated October 2011, have been
reviewed by the Department of Public Works and by the Water and Sewer Departments have
been found to be acceptable.
L.The Definitive Plan has been reviewed by the Department of Public Works and the Fire
Department and has been found to be acceptable.
M.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 28 acre parcel of land with land fronting on Berry Street
as shown on a portion of Assessors Map 106D, Parcel 33, and also known as 16 Berry Street,
North Andover, Massachusetts.
B.The “Plans” refer to the plans prepared by GPR Engineering Solutions for Land & Structures
dated August 2011, revised on October 27, 2011, November 21, 2011 and December 22, 2011
consisting of Sheets C1.1, C2.1,C3.1, C3.2, C4.1, C4.2, C5.1, C5.2, C6.1, C6.2, C6.3, C7.1, C8.1,
C8.2, and C8.3, titled “Definitive Subdivision Plan Framar Circle off Berry Street North Andover,
MA”, located in North Andover, Mass, submitted by applicant Margaret Fiore, 16 Berry Street,
North Andover, Ma 01845.
C.The “Project” or “16 Berry Street” refers to the construction of an eleven-lot subdivision,
including the construction of a roadway with a cul-de-sac, a sewer pump station, connections to
existing water and sewer service and grading in the R-3 Zoning District.
D.The “Applicant” refers to Margaret Fiore, 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.
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 5.1.9. Requires submission of construction schedule. Schedule will be submitted prior to
start of construction.
3
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
B.Section 6.8.1 Table 1A. Minimum ROW width required is 50’. 38’ is proposed. The town will be
granted a 12 ft. access easement along the western side of the roadway, in order to perform
necessary maintenance and repair of the roadway.
C.B.Section 6.8.1 Table 1A. Minimum pavement width for a local residential street is 26 ft.
22’ is proposed. Impervious area will be decreased, thus reducing the volume of stormwater
runoff in the subdivision and in the surrounding neighborhood.
D.C.Section 6.8.1 Table 1A. Minimum turnaround ROW radius and pavement diameter.
Required 120’ radius and 100’ pavement diameter. Proposed cul-de-sac radius is 98 ft., to
accompany a 60 ft. centerline radius and a 4 ft. reduction in lane width. Impervious area will be
decreased, thus reducing the volume of stormwater runoff in the subdivision and in the
surrounding neighborhood.
E.D.Section 6.8.1. Table 1A Normal crown pavement cross slope of 3% is required. A super-
elevated pavement cross slope of 3% will be provided.
F.E.Section 6.8.1 Table 1A. A minimum intersection corner curb radius of 40 ft. is required.
An intersection corner curb radius of 28 ft. is provided.
G.F.Section 6.9 A continuous low-profile, granite edging shall be provided. No curbing is
provided on the sidelines of the street to allow collection of stormwater runoff into LID
structures.
H.G.Section 6.11. No sidewalks are proposed, reducing impervious area. A donation will be
made to the sidewalk fund, in an amount to be determined by the Planning Department and the
Department of Public Works.
I.H.Section 6.12.1. Monuments shall be installed at two (2) property corners of all new lots. Drill
holes in the existing stone wall in place of monuments for proposed lots fronting on Berry St.
J.I.Appendix II.1. Pipes, Culverts and Drains. HDPE (High density Polyethylene) pipes are
proposed in place of RCP (Reinforced Concrete Pipes). This waiver is acceptable with conditions
Prior to Endorsement of the PlanPrior to Any Lot Being Released
as stated in “” #J, and “
from Statutory Covenants
” #3.
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)Unless maintained by the town, Aall drainage structures, including bio-retention areas, rain gardens,
infiltration basins, grassed swales and drainage channels will be maintained in perpetuity by individual
lot owners, with the terms of ownership and maintenance to be documented in the Home Owner’s
Association Declaration of Trust and in the respective deeds for each lot in the subdivision, unless. The
town will provide the required access easements to the HOA for maintenance of these structures.
4)The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
5)In consideration of the approval of the Plan, there is to be no further extension of the cul-de-sac. This
restriction is to be documented in the respective deeds for each lot in the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
4
Formatted: No bullets or numbering
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
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
”.
ten thousand ($10,000) dollars
B.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.
C.An easement consisting of 12 feet parallel to the length of the new cul-de-sac, along the western side
of the cul-de-sac shall be granted to the Town of North Andover for the purpose of maintenance of
the roadway, should the roadway be accepted as a town road according to a vote of the Town of
North Andover Town Meeting. A Draft of the easement must be provided for review by DPW before
endorsement of the plan.
D.C.Deed restrictions must be imposed on all lots regarding the fact that the stormwater
management systems (rains gardens, drainage swales, infiltration basins, and grassed swales located
along the cul-de-sac and on individual lots) will never be maintained by the Town Deed restrictions
must be imposed on all lots regarding the further extension of the cul-de-sac, as noted in Special
Condition #55.
E.D.Unless the drainage structures are to be maintained by the town, Aa recorded Homeowner’s
Association Agreement shall be submitted, containing the provision that the stormwater drainage
structures, as noted in SPECIAL CONDITION #33, will be maintained by the Association. The
FORM M
applicant must submit to the Town Planner a for all utilities and easements placed on the
subdivision.
F.E.The rain garden in the center of the cul-de-sac and the bio-retention area on the western side of the
roadway shall not be used for snow storage and signs shall be posted stating this fact. SSnow
storage areas sign shall be place located along the eastern side of the roadway, as show on The Plan,
Sheet C4.2.
G.F.Public Access to the Cemetery located at 16 Berry St. (Assessor’s Map 106D, Parcel 33)
shall be noted on The Plan as an easement on Sheet C4.1.
H.G.Unless the drainage structures are to be maintained by the town , Aan 18 ft. wide easement
to the Town of North Andover along the western side of the roadway shall be shown on the plan.
This easement will allow access to the Town of North AndoverHomeowner’s Association to the
ROW for maintenance purposes..
I.H.All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
J.I.The applicant must provide to the Department of Public Works the following items pertaining to the
use of HDPE pipes for the drainage system, as stated in the Waivers listed above:
a.1.Manufacturer’s shop drawings on all pipes and a list of their locations
b.2.A letter stamped by a Professional engineer stating that the characteristics of the proposed
pipe are equal to or better than RCP drain pipe.
K.J.All parcels to be maintained by the HOA, including the bio-retention area in the center of the cul-de-
sac, Parcel A containing the bio-filter swale and the drainage swale in lots 6 and 7 shall be shown on
the plan.
L.K.The applicant must meet with the Town Planner in order to ensure that the plans conform to
ninety (90) days
the Board's decision. These plans must be submitted within of filing the decision
with the Town Clerk.
M.L.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.
N.M.A Development Schedule must be submitted for signature by the Town Planner.
5
Formatted: Numbered + Level: 2 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1"
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
O.N.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.
P.O.The applicant will also provide a copy of the recorded Declaration of Restriction as
required by NHESP. (Natural Heritage Endangered Species Protection)
Q.P.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.
R.Q.The applicant will provide copies of all Decisions, Notification and Orders of Conditions
from the North Andover Conservation Commission.
S.R.Easement documents, deed restrictions, Homeowner’s Association Agreements and
maintenance agreements concerning 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.
T.S.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, Decision 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 under “Special Conditions” and in sections C, D, E and G, G and H as referred to in
PRIOR TO THE ENDORSEMENT OF THE PLAN
section in this Decision.
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 and the Planning Department will determine the amount of the contribution and
evidence of DPW’s determination and a receipt for the contribution must be retained in the Planning
Department file.
6)7)The Department of Public Works must determine if they will take responsibility for maintaining the
roadway and the drainage structures that are located within the Right-of-Way. This determination
must be documented in writing and presented to the Planning Department.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
6
Formatted: List Paragraph, Left, No bullets or
numbering, Hyphenate, Tab stops: Not at -0.5"
+ 0"
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
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 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;
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.
3)A Letter stamped by a Professional Engineer stating that the proposed HDPE pipes used for the
drainage system has been installed per manufacturer’s specification.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1)The road must be constructed to binder paving with stabilized shoulders and the rain garden,
drainage swale and bio-retention pond in place.
1)2)The portion of Berry St., beginning at the intersection with Salem Turnpike to the entrance of the
cul-de-sac (Framar’s Way) will be repaved according to the town standards, as specified in the
Definitive Subdivision Rules and Regulations, Table 1.A “Street – Design Standards”, after the
utilities that are required for the subdivision, are installed.
2)3)The bio-retention basin, adjacent to test pit 1111-2, as shown on Sheet C4.1 of The Plan, shall be
over-excavated by 2 to 3 feet during construction and all large stones and boulders shall be removed
from the site.
3)“No Snow Storage” signs are to be installed within the cul-de-sac and within the bio-retention basin,
and the appropriate “Snow Storage” sign shall be placed along the eastern side of the roadway.
Snow Storage areas shall be marked on the plan.
4)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 grading called for on the lot
e.Location of drainage, utility and other easements.
f.The Plot Plan must be provided in paper form as well as in a SDF (Standard Digital File)
format.
5)All appropriate erosion control measures for the lot shall be in place.
6)All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
7
Formatted: Indent: Left: 0.25", No bullets or
numbering
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
7)The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
8)Lot numbers, visible from all roadways must be posted on all lots.
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.
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)A Homeowner’s Association Maintenance Reserve Fund must be established and evidence of a
deposit of each homeowner’s share of 5 years maintenance costs must be provided to the Planning
Department.
8)The 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.
8
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
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. The as-built must be provided
in paper form as well as in SDF (Standard Digital File) format.
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 roadway, sewer pump station 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.
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 Framar Circle off Berry Street North Andover, MA”
Prepared for
: Margaret Fiore
16 Berry Street
North Andover, MA 01845
Prepared by:
GPR Engineering Solutions for Land & Structures
39 Main Street, Suite 301
Ayer, MA 01432
Scale:
1” = 40’
Date:
August 2011, revised on October 27, 2011, November 21, 2011 and December
22, 2011
Sheets:
C1.1 – C8.3 (16 sheets)
Plan Titled
: Sewer Extension Permit
9
Framar Circle, Margaret Fiore, 16 Berry Street
Map 106D, Parcel 33
Prepared for
: Margaret Fiore
16 Berry Street
North Andover, MA 01845
Prepared by:
GPR Engineering Solutions for Land & Structures
39 Main Street, Suite 301
Ayer, MA 01432
Scale:
1” = 100’
Date:
October 2011
Sheets:
C1.1 – C3.1
Application for Definitive Subdivision Plan
Received:
September 2, 2011
Stormwater Management Report
:
Received:
August 2011, updated October 27, 2011
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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