HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (83)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Decision – Definitive Subdivision Plan - DRAFT
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date:
September 6, 2011
Date of Hearing:
June 21, 2011, Sept. 6, 2011
Date of Decision:
September 6, 2011
Petition of: Applewood Construction Corp.
315 Middlesex Road, Unit 3
Tyngsboro, MA 01879
Premises Affected: 0 Methuen Ave., North Andover, MA, Assessors Map 73, Parcel 30.
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations Section 5.6 Decision:
So as to construct a single-lot subdivision, including the extension and construction of an existing Roadway
(Methuen Avenue) so that it has sufficient width and grade and meets the town’s requirements according to
section 6.8 of the Town’s Subdivision Regulations; the construction of a driveway; the installation of
stormwater management infrastructure; the installation of underground utilities; connections to existing water
and sewer service and substantial grading in the R-4 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 vote
in favor of
of X - 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Richard Rowen
Timothy Seibert
Michael Colantoni
1
0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
The Planning Board herein APPROVES the Application for a Definitive Subdivision to improve an existing
roadway, create a new driveway and to provide stormwater improvements for an existing lot located on
Methuen Avenue. The project is located at off Sutton Street in North Andover, Massachusetts, 01845, Map
73, Parcel 30 in the Residential 4 (R-4) Zoning District. The application was filed with the Planning Board on
April 21, 2011. The public hearing on the above referenced application was opened on June 21, 2011, and
closed by the North Andover Planning Board on September 6, 2011. The applicant submitted a complete
application, which was noticed and reviewed in accordance with Section IV of the Town of North 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 May 13, 2011 and last revised August 18, 2011, is
substantially complete and technically adequate, accept as amended herein.
B. The Definitive Plan both shows a Lot layout sheet (Sheet 1 of 3) that depicts the existing lot
with the following area and frontage: Lot 1, 13, 850 sq. ft. and 100 ft. of frontage on Methuen
Avenue. The Plan thus conforms to all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the
extension of the existing Roadway (Methuen Avenue) and the creation of a driveway to serve
the single lot is less intrusive than that of a conventional subdivision road and that the design
is more in keeping with the character of the neighborhood.
D. The roadway layout and stormwater management systems as depicted in Sheet 2 (Plan
Profile) and 3 of 3 (Plan Details) has been found to provide a design that is compatible with
the surrounding neighborhood, that provides for adequate drainage and stormwater
management.
E. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
F. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
G. 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.
H. 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.
I. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire
Department and their comments have been incorporated into this decision and into the final
plan.
J. The Definitive Plan conforms to the design and construction standards described in these
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:
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0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
A) The “Locus” refers to the approximately .31 acre parcel of land with land fronting on Methuen
Avenue as shown on Assessors Map 73, Parcel 30, and also known as 0 Methuen Ave., North
Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by Merrimack Engineering Services, 66 Park Street,
Andover, MA 01810 dated March 22, 2011, revised to August 18, 2011, consisting of Sheets 1 -
3, titled “Methuen Avenue in North Andover, Ma ”.
improvement of an existing roadway, the
C) The “Project” or “0 Methuen Ave” refers to the
creation of a new driveway and the provision of stormwater improvements for an existing
lot located on Methuen Avenue. The project is located at off Sutton Street in North
Andover, Massachusetts, 01845, Map 73, Parcel 30 in the Residential 4 (R-4) Zoning
.
District
D) The “Applicant” refers toApplewood Construction Corp., 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 :
Section 5.4 Environmental and Community Impact Statement. No statements were provided.
Section 6.8. Streets – Design Standards. The applicant is proposing a 56 ft. extension of the
existing roadway, built according to the street construction specifications in Appendix 1.
Section 6.14 & Appendix V Storm Drainage and Rules and Regulations Governing Stormwater
Management. Drainage Calculations were submitted for the Stormwater System.
Section 6.9. No curbing is proposed.
Section 6.11. No sidewalks are proposed.
Section 6.21. No street 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.
3) The drainage swale on lot 1 and the porous pavement driveway will be maintained by the owner of Lot 1,
with the terms of ownership and maintenance to be documented in the respective deeds for that lot.
4) The roadway will remain private, to be maintained by a homeowner’s association, with the terms of
ownership and maintenance to be documented in the respective deeds for each lot with ownership interest
in Methuen Avenue.
5) 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.
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0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
6) 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 deed for the 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 START OF
covenant upon posting of security as required in Condition 5 under “
CONSTRUCTION
”.
five thousand ($5,000) 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 escrow account.
c. A notation must be placed on the plan noting that the driveways will be considered private
driveways, not a public road.
d. Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as noted
in Special Condition #6.
e. Easement documents and maintenance agreements concerning the private driveway must be
submitted and reviewed and approved by Town Counsel.
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 shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The monitor must be available upon four (4)
hours notice to inspect the site with the Planning Board designated official. The 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.
i. The location of all test pits should be noted on the plan, demonstrating that a minimum of 2 feet
of soils exist between the bottom of the rain gardens and the maximum high groundwater table,
as required by the Town of North Andover Subdivision Regulations, Appendix V, Section 5.c.
j. 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.
k. The Subdivision Decision and the list of waivers for this project must appear on the mylars.
l. A Development Schedule must be submitted for signature by the Town Planner. The schedule
must show building permit eligibility by quarter for all lots.
m. 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.
n. The applicant shall apply to the Conservation Commission for the required permits for any work
that will be done within 100 ft. of a wetland area.
o. An Erosion and Sedimentation Control Plan, which will be implemented during construction,
will be submitted. This plan will specifically address construction sequencing for preserving the
integrity and infiltration capacity of the porous pavement driveway.
p. An Operations and Maintenance Plan will be submitted which will address the on-going
maintenance of the roadway extension and drainage swale.
PRIOR TO THE START OF CONSTRUCTION OR SITE WORK
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0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
1) The record plans must be endorsed by the Planning Board and 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 THE ISSUANCE OF A BUILDING PERMIT
1) The private driveway must be constructed to binder paving with stabilized shoulders and the
drainage swale in place.
2) “Driveway” will be constructed using “Porous Pavement” based on specifications from the UNH
Stormwater center and shall use the modified PGAB polymer.
3) 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.
4) A Performance Guarantee in an amount to be determined by DPW and 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, including but not limited to a repaving of the
existing portion of Methuen Avenue;
d. lot and site erosion control;
e. site screening and street trees;
f. drainage facilities;
g. site restoration;
h. final site cleanup.
5
0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
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) 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) The house numbers for the 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) The lot 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 driveway
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.
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.
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0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
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.
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 for “0 Methuen Ave”, located in North Andover, MA
Prepared for
: Applewood Construction
315 Middlesex Road
Tyngsboro, Ma 01879
Prepared by:
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Scale:
1” = 40’
Date:
March 22, 2011, revisions May 13, 2011 and August 18, 2011
Sheets:
3
Application for Definitive Subdivision Plan
Received:
April 21, 2011
Stormwater Management Report
:
Received:
May 20, 2011
Erosion and Sedimentation Control Plan
Received:
Date
Operations & Maintenance Plan
:
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0 Methuen Ave., Definitive Plan/Roadway Improvement
Map 73, Parcel 30
Received:
Date
cc: Town Departments
Applicant
Engineer
Assessor
8