HomeMy WebLinkAbout2013-04-16 Planning Board Supplemental Materials (113)
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:
April 16, 2013
Date of Hearing:
February 19, 2013, March 5,
2013, April 2, 2013, and April 16, 2013
Date of Decision:
April 16, 2013
Petition of: North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65, Parcels 8, 9 & 55.
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 six-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-1 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
Richard Rowen
Michael Colantoni
Dave Kellogg
Lora McSherry
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Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
The Planning Board herein APPROVES the Application for a Definitive Subdivision to construct a six-lot
subdivision, including the construction of a roadway with a cul-de-sac, connections to existing water and
sewer service and grading in the R-1 Zoning District, Map 65, Parcels 8,9,55. The application was filed with
the Planning Board on January 17, 2013. The public hearing on the above referenced application was opened
on February 19, 2013, and closed by the North Andover Planning Board on April 16, 2013. 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 January 10, 2013, and last revised X are both
substantially complete and technically adequate, accept as amended herein.
B. The “Plan of Lots” (Sheet 2 of 12)” for the Definitive Subdivision Plan last dated X shows a
lot layout that depicts the creation of six lots, all of which have frontage on a new cul-de-sac.
The Applicant has also applied for a Special Permit for a Planned Residential Development
(PRD)thus conforming 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 six 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 Sheet 7 of 12(Site
Grading 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.
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.
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Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
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 22 acre parcel of land with land fronting on Berry Street
as shown on a portion of Assessors Map 65, Parcels 8, 9, and 55, and also known as 464
Appleton Street, North Andover, Massachusetts.
B. The “Plans” refer to the plans prepared by GPR Christiansen & Sergi, Inc. dated January 10,
2013, revised on March 12, 2013,titled “Definitive Subdivision P.R.D. Plan for “Regency Place” in
North Andover, MA”, submitted by applicant North Andover Realty Corp., 66 Spring Hill Road,
North Andover, Ma 01845.
C. The “Project” or “464 Appleton Street” refers to the construction of an six-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-1 Zoning
District.
D. The “Applicant” refers to North Andover Realty 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 :
A. Section 5.1.5. Site Evaluation Statement. The applicant has provided sufficient written
descriptions and plan outlining the features of the existing site.
B. Section 5.4 Environmental and Community Impact Statement. The proposed 6-lot subdivision
will not have a significant environmental or community impact.
C. Section 6.8.1 Table 1A. Minimum pavement width for a local residential street is 26 ft. 24’ is
proposed. Impervious area will be decreased, thus reducing the volume of stormwater runoff in
the subdivision and in the surrounding neighborhood.
D. Section 6.8.1 Table 1A Maximum length of a cul-de-sac is 600 feet. The applicant is proposing a
cul-de-sac of X feet.
E. Section 6.9 A. No curbing is provided on the sidelines of the street to allow collection of
stormwater runoff into LID structures.
F. 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.
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
3
Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
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) With the exception of the catch-basins located within the ROW of the new cul-de-sac, all drainage
structures, including bio-retention areas, Stormceptors located within the ROW of the new cul-de-sac,
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. The town
will provide the required access easements to the HOA for maintenance of these structures.
4) The Infiltration basins located on Lots 3 and 4 will be maintained by the owners of those lots, with the
terms of ownership and maintenance to be documented in the respective deeds for each lot.
5) All roof infiltration systems that are located on individual lots are to be maintained by the owners of
those lots, with the terms of ownership and maintenance to be documented in the respective deeds for
each lot.
6) Any trees located outside of the ROW will be maintained by either the Home Owner’s Association or by
the owner of the lot, 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.
7) 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.
8) 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
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. Unless the drainage structures are to be maintained by the town, a recorded Homeowner’s
Association Agreement shall be submitted, containing the provision that the stormwater drainage
structures, as noted in SPECIAL CONDITION #3, 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.
D. All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
E. All parcels to be maintained by the HOA, including the two Stormwater Infiltration Basins located
within the Open Space and the drainage swales along the roadway shall be shown on the plan.
F. The language for the proposed access and drainage easement on Lot 4 shall be submitted to the
Planning Office.
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Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
G. 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.
H. 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.
I. A Development Schedule must be submitted for signature by the Town Planner.
J. 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.
K. 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.
L. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
M. 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.
N. 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
PRIOR
Condition 3 under “Special Conditions” and in sections F and M as referred to in section
TO THE ENDORSEMENT OF THE PLAN
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.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
5
Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
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.
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 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.
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.
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
6
Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
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.
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.
7
Regency Place, 464 Appleton Street
Map 65, Parcels 8,9 & 55
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 P.R.D. Subdivision Plan for “Regency Place” in North Andover, MA”
Prepared for
: North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Prepared by:
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 001830
Scale:
1” = 40’
Date:
January 10, 2013, revised on March 12, 2013, March 27, 2013 and April 4, 2013
Sheets:
1-12
Report
: Stormwater Management Report
Prepared for
: North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Prepared by:
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Date:
January 10, 2013, Rev. March 12, 2013
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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