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HomeMy WebLinkAbout2012-12-20 Planning Board Supplemental Materials (19) 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 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. 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 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: The Definitive Subdivision Plan dated November 14, 2012 is both substantially complete and technically adequate, except as amended herein. 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. 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. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. 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. 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. 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: Permit Definitions: 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. 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. 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. The “Applicant” refers to Osgood Street Realty Trust, the applicant for the Definitive Subdivision Plan Approval. 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. 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. 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. 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. Section 5.2.6 Test Data. Since there will be no construction, soil test data is not required. Section 5.3 Stormwater Management Report. Since there will be no construction, a Stormwater Management Plan will not be required. 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. Section 5.14 As-Built Plans . Since will be no construction, as-built plan will not be required. Section 6. Requirements for Improvement, Design and Roadway Construction – Since there will be no roadway constructed, this waiver includes: Waiver from specifications for roadway construction referenced in Section 6 and in Appendices I through IV, since no roadway will be constructed. Waiver from design standards applicable to roadway construction. Waiver from curbing, sidewalks, fire hydrants, alternative municipal water supply, street trees, street signs and street lighting. 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 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: The Subdivision Decision must be recorded with the Essex North District Registry of Deeds. 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”. A notation must be placed on the plan noting that the roadway is considered a private driveway, not a public road. 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. Deed restrictions must be placed on all lots regarding the further subdivision of the lots. 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. 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 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. 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. 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. 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. 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. 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. In consideration of the approval of the Plan, there is to be no further extension of roadway. This restriction is to be documented in the respective deeds for each lot in the subdivision. 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 Counsel. The applicant, its successors and assigns shall be responsible for maintenance and repair of the private water lines in Lots 1,2,3 and in the Road serving Lot 1 as may be shown on the final Plan, and shall retain an easement and other rights in Lots 2 and 3 for utility line maintenance and repair which shall be contained within the deed to the Town and/or the conservation restriction approved as to form by Town Counsel. . 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