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HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (55) BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW 9 Damonmill Square, Suite 4A4 Concord,MA 01742 Phone: 978-371-2226 ADAM J.CosTA Fax:978-371-2296 NEWBURYPORT OFFICE: adam@bbmatlaw.com 30 Green Street Newburyport,MA 01950 Phone:978-463-7700 Fax: 978-463-7747 By Hand August 3,2011 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover,Massachusetts 01845 Re: Application for Definitive Subdivision Approval 2009 Salem Street North Andover Massachusetts 01845 Dear Members of the Board: Reference is made to the above-cited matter. In that connection, we represent George A. Haseltine,Trustee of the 2009 Salem Street Revocable Trust (the "Applicant'o in his submittal to the Board of an application for definitive approval of a three-(3)4ot subdivision at 2009 Salem Street in North Andover (the "Subdivision" and the "Locus," respectively). Preliminary subdivision approval was granted by the Board on July 5, 2011, and a copy of its Decision is included herewith for the Board's convenience. As per Section V of the Board's Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts (the "Rules and Regulations', the Applicant hereby submits a plan for the Subdivision entitled "Salem Woods, A Single-Family Subdivision Located in North Andover, Massachusetts," prepared by Merrimack Engineering Services, dated July 13, 2011, as revised, and consisting of six (6) sheets (the "Plan'. The Locus is situated in the Residence 2 ("R-2'� District, which requires a minimum lot area of 43,560 square feet and at least 150 feet of frontage, according to the North Andover Zoning Bylaw (the `Bylaw'. Also required are minimum setbacks of thirty feet(30�in the front,sides and rear. As shown on the Plan, the Applicant proposes the subdivision of the Locus into three (3) lots, identified thereon as "Lot #1," "Lot #2" and "Lot #3." Lot #1 will contain approximately 129,181 square feet of land and, were a roadway to be constructed as shown on the Plan, 150.76 feet of frontage along it. Lot #2 will contain approximately 220,496 square feet of land and 333.58 feet of frontage along said roadway. Lot #3 will contain approximately 54,923 square feet of land and 388.40 feet of frontage along the aforesaid roadway. The suggested locations for the single-family homes proposed on Lots #1 and #2 will satisfy the Bylaw's minimum setback requirements. Likewise, the existing single-family home located on Lot#3 will satisfy said setback requirements. As previously represented to the Board, the Subdivision has been designed so as to satisfy the purpose and intent of the Subdivision Control Law, G.L. c. 41, % 81K through 81 GG, and the aforesaid Rules and Regulations adopted thereunder, by protecting and ensuring the "safety, convenience and welfare" of the Town's inhabitants. Adequate access is provided to all three (3) lots in the Subdivision via a roadwayt that will be constructed to be safe and convenient for pedestrian and vehicular travel. The Subdivision layout and the existing and proposed locations for single-family homes therein comply with all applicable provisions of the Bylaw. The Subdivision is designed to avoid adverse impacts on wetlands resource areas and buffer zones, as shown on the Plan. The approximate locations of proposed and existing soil absorption systems are shown on the Plan, as are suggested well locations on Lot #2 and Lot #3. Other utilities,including but not limited to gas, electricity, telephone and cable television, will be made available to Lot #2 and Lot #3, and a plan thereof will be submitted to the Department of Public Works prior to their installation. The Locus is not situated in the 100-year floodplain. No soils will be exported from the Locus; approximately 2,000 yards of soils will be imported to the Locus to be used for backfill around the proposed homes and septic systems and for the roadway subgrade. The Applicant submits simultaneously herewith a certified copy of its Deed to the Locus, a certified list of abutters obtained from the Assessor's office and an anticipated construction schedule, all pursuant to Sections 5.1.6, 5.1.7 and 5.1.9 of the Board's Rules and Regulations,respectively. As per Section 5.1.10 of the Rules and Regulations, a performance guarantee will be provided by the Applicant if requested by the Board, in a form to be determined by it, by Town Planner Judith Tymon and/or by the Department of Public Works. Note that an Environmental and Community Impact Analysis is not required under Section 5.1.5 of the Rules and Regulations, as the Subdivision does not "create. . . frontage for six (6) or more dwelling units. . ." See Section 5.4.1(a) of the Rules and Regulations. A Stormwater Management Report is required under Section 5.3 of said Rules and Regulations, and is submitted herewith. Pursuant to Section 5.1.7, the Applicant includes herewith a list of requested waivers from the Rules and Regulations. A grant of the desired exceptions is "in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law." See Section 2.7.2 of the Rules and Regulations. Most notably and as shown on the Plan, the Applicant seeks permission to construct an approximately sixteen-(16)-foot-wide "common driveway"within the right-of-wap,identified as the "Prop. 16' Common Drive,"in lieu of a traditional subdivision roadway. Where the driveway will serve only three (3) lots, one (1) existing and two (2) proposed, such a waiver is warranted. Waivers are also requested to allow for a modest, post-development increase in the peak rate of stormwater runoff from the Locus. Other waivers are less significant, with many relating to construction of the driveway and not a roadway (e.g.no curbing,no sidewalks). On behalf of the Applicant, we request that the Board, upon consideration of the foregoing,approve the Application for a Definitive Subdivision at the Locus. t As hereinafter referenced, the Applicant is requesting a waiver so as to avoid construction of a traditional subdivision roadway within the right-of-way shown on the Plan, constructing an approximately sixteen-(16)- foot-wide"common driveway"in lieu thereof. 2 Thank you. Should you have any questions or concerns,we will be happy to address them at the Board's September 6, 2011 public hearing, at which the Subdivision will be reviewed. Sincerel Lisa L. Me Costa Enclosures cc: Client 3