HomeMy WebLinkAbout2013-09-17 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 18, 2012
Date of Hearing:
November 20, 2012,
December 4, 2012, December 18, 2012
Date of Decision:
December 18, 2012
Petition of: TLD, LLC
115 Carter Field Road
North Andover, MA 01845
Premises Affected: 72 Great Pond Road, North Andover, MA, Assessors Map 96, 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 Section 5.6 Decision: So as to construct a three-lot
subdivision, including a roadway, the installations of stormwater management infrastructure and the
installation of underground utilities in the R-2 Zoning District.
nd
After a public hearing given on the above dates, and upon a motion by M. Colantoni and 2 by L. McSherry
APPROVEApplication for a Definitive Subdivision Plan
to the as amended and based upon the following
in favor of
conditions. A vote of 4 - 0 was made the application.
On behalf of the North Andover Planning Board
Richard Rowen
Michael Colantoni
Lora McSherry
Dave Kellogg
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots,
including Lot 1 with 56,739 sq. ft., Lot 2 with 47,425 sq. ft. and Lot B with 51,265 sq. ft. The project is
located at 72 Great Pond Road, North Andover, Massachusetts, 01845, Map 96, Parcel 4 in the Residential 2
(R-2) Zoning District. The application was filed with the Planning Board on October 3, 2012. The public
hearing on the above referenced application was opened on November 20, 2012 and closed by the North
Andover Planning Board on December 18, 2012. 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 Plan, which dated October 1, 2012 and last revised December 7 2012, is
substantially complete and technically adequate, accept as amended herein.
B. The Definitive Plan shows a Lot Layout/Site Development Plan (Sheet 2 of 2) that depicts the
creation of two lots with the following area and frontage on a variable width Right-of-Way
(minimum width 40’) with 26, 473 sq. ft., shown on the plan titled Definitive Subdivision
Plan “Turkey Hill”: Lot 1, 56,739 sq. ft. and 191 ft. of frontage on Great Pond Road; Lot 2,
47,475 sq. ft. and 163 ft. of frontage on the new roadway; and Lot B 51,265 sq. ft and 150 ft.
of frontage on Great Pond Road. The Plan thus conforms to all applicable zoning
requirements.
C. The Planning Board finds that the proposed road layout (Sheet 2 of 2, Lot Layout Site
Development Plan) and design 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 proposed layout provides for the creation of 2 new driveways, thus providing for
minimal disturbance. The Plan shows a variable width Right-of-Way (minimum width 40’)
which will allow for the existing structure on Lot 1 to maintain the required zoning setbacks.
E. The proposed roadway layout provides for a minimum amount of tree clearing on Lot 2 and
maintains the majority of the existing tree line between Lot 2 and 100 Great Pond Road.
F. The roadway layout and stormwater management systems as depicted in Sheet 2 of 2 (Lot
Layout Site Development Plan) has been found to provide a design that is compatible with
the surrounding neighborhood, that provides for adequate stormwater drainage, including
roof infiltration using a drywell and infiltration along the driveway using crushed stone
trenches.
G. The proposed roadway layout, consisting of two parallel driveways off Great Pond Road
provides for less land disturbance and was changed from a prior proposal that showed a
driveway to be cut into a slope that would have required a retaining wall and would have
required disturbance within 100 ft. of a delineated wetland. The driveway in the prior
proposal would have been located approximately 200 ft to the west of the existing proposal
described in this decision.
H. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
I. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles. The parallel driveways are located further from the corner of Great Pond
Road and Stevens St., thus providing a safer access to Lot B.
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
J. 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.
K. 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.
L. The Definitive Plan has been reviewed by the Fire Department and has been found to be
acceptable.
M. The Definitive Plan conforms to the design and construction standards described in these
Rules and Regulations, with the exceptions of waivers granted in Special Condition A.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
:
following
Permit Definitions
1) :
three lots, including Lot 1 with 56, 739 sq. ft., Lot 2 with 47,425 sq.
A) The “Locus” refers to
ft., and Lot B with 51,265 sq. ft.
of Assessors Map 96, Parcel 4, and also known as 72 Great
Pond Road, North Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by Sullivan Engineering Group, LLC 22 Mount Vernon
road, Boxford, MA 01921dated October 1, 2012, revised to December 21, 2012, consisting of
Sheets 1 - 2, titled “Definitive Subdivision Plan “Turkey Hill” Located in North Andover,
Massachusetts (Essex County)”. Prepared for Tara Leigh Development, 115 Carter Field Road,
North Andover, Ma 01845.
C) The “Project” or “72 Great Pond Road” refers to the construction of a three-lot subdivision,
including a roadway, the installations of stormwater management infrastructure and the installation
of underground utilities in the R-2 Zoning District.
D) The “Applicant” refers toTLD LLC, 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.
SPECIAL CONDITIONS:
2)
A) 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 subdivision only contains 3
lots and that the variable width Right-of-Way maintains the setbacks for the existing dwelling unit on
Lot 1:
a) 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.
b) Section 6.4 Construction Specifications: Waiver from specifications for roadway
construction referenced in Appendices I through IV, to the extent that they are not
applicable to the subdivision as designed
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
c) Section 6.5 General Construction Procedures: Waivers from the procedures applicable to
roadway construction.
d) Section 6.8 Design Standards: Waiver from design standards applicable to roadway
construction. A waiver is granted for the proposed variable width Right-of-Way (minimum
width 40 ft.) in consideration of the fact that the 40 ft. ROW maintains the existing setbacks
for the existing single family dwelling unit on Lot 1.
e) Section 6.9. No curbing is proposed.
f) Section 6.11. No sidewalks are proposed.
g) Section 6.15.2. No fire hydrants are proposed. The two new homes will be sprinkled.
h) Section 6.18 Street Trees. Waiver from the requirement that street trees be required.
i) 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.
B) Both driveways will remain private, to be maintained by the owner of each driveway. The owner of
Lot 2 will own the Right-of-Way and will grant an easement to the owner of Lot B that will contain
the terms of access across the Right-of-Way. Each homeowner will also be responsible for the
maintenance, in perpetuity, of the drainage swales along the driveways and for the dry well located
on each Lot. The terms of the easements will be recorded on the deeds for the respective lots.
C) 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.
D) 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 deeds for each
Lot in the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
3)
Prior to endorsement
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
7PRIOR TO LOTS BEING
covenant upon posting of security as required in Condition under “
RELEASED FROM THE STAUTORY COVENANTS
”.
B) A notation must be placed on the plan noting that the roadway is considered a private driveway, not a
public road.
C) Draft Deed restrictions must be placed on Lot 2 and Lot B regarding the fact that the private
driveways will never be maintained by the Town and that it will never be accepted as a public road.
D) Draft Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as
noted in Special Condition D.
E) A draft maintenance agreement, containing the specification for maintenance of the driveway and
stormwater drainage structures, must be provided for Lot 2 and Lot B.
F) Drafts of all deeds, easement documents and maintenance agreements concerning the private
driveways must be submitted and reviewed and approved by Town Counsel.
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
FORM M
G) The applicant must submit to the Town Planner a for all utilities and easements placed on
the subdivision.
H) All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
I) 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.
J) The Subdivision Decision for this project must appear on the mylars.
K) A Development Schedule must be submitted for signature by the Town Planner. The schedule must
show building permit eligibility by quarter for all lots.
L) 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.
M) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
N) The applicant shall designate a Construction/Environmental Monitor, as specified within the
Conservation Commission Order of Conditions, who shall be chosen in consultation with the
Planning Department and the Conservation Department.
PRIOR TO THE START OF CONSTRUCTION OR SITE WORK
4)
five thousand ($5,000) dollars
A) 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.
B) 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 Special
Prior to Endorsement of Plans
Condition A under “”.
C) 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.
D) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
E) A pre-construction meeting must be held with the developer, their construction employees, Planning
Department and Conservation Department (and other applicable departments) to discuss
scheduling of inspections to be conducted on the project and the construction schedule.
In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
F)
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
5)
A) The private driveway for the lot, for which the Building Permit applies, must be constructed to binder
paving with stabilized shoulders and the drainage swale in place.
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
B) 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.
C) All appropriate erosion control measures for the lot shall be in place.
D) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
E) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
F) Lot numbers, visible from all roadways must be posted on all lots.
DURING CONSTRUCTION
6)
A) 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.
B) 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.
C) 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.
D)
Hours of construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. – 5 p.m. on
Saturdays
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
7)
The applicant must submit a lot release (FORM J) to the Planning Board for signature.
A)
B) A Performance Guarantee in an amount to be approved by the Planning Board and DPW 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;
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
g. site restoration;
h. final site cleanup.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
8)
A) Granite posts with Lot B & Lot 2 house numbers must be installed at the entrance to each
driveway. The location and size of granite post must be approved by the North Andover Fire
Department.
B) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
C) The lot must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
D) 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.
E) 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.
F) Within two weeks of the transfer of the property to another owner, a copy of all recorded deeds,
easements and maintenance agreements must be provided to the Planning Office.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED
9)
FUNDS
A) 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.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
C) 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.
D) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
10)
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
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72 Great Pond Road, “Turkey Hill” Definitive Subdivision Plan Decision
Map 96, Parcel 4
C) 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.
D) 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.
E) 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.
F) The following information shall be deemed part of the decision:
Plan titled:
Definitive Subdivision Plan for “Turkey Hill”, located in North Andover, MA
Prepared for
: TLD LLC
115Carter Field Road
North Andover, MA 10845
Prepared by:
Sullivan Engineering Group, LLC
22 Mount Vernon Road
Boxford, MA 01921
Scale:
1” = 20’
Date:
October 1, 2012, revisions October 22, 2012, November 27, 2012, December 7,
2012 and December 21, 2012.
Sheets:
2
Application for Definitive Subdivision Plan
Received:
October 3, 2012
Narrative
Received:
October 3, 2012
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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