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PLANNING I)EPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Decision-Definitive Subdivision Plan-Final
APy appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date; March 16,2009
Date of Hearing: October 7,2008 through
March 16,2009
Date of Decision; March 16,2009
Petition of: 166 Salem Street Realty Trust
�66 Salem Street
North Andover,MA 01845
Premises Affected: 166 Salem St.,North Andover,MA,Assessors Map 37D,Parcel 21.
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 stormvyater management .
infrastructure,the installation of underground utilities,connections to existing water and sewer service and
substantial grading in the R-3 Zoning District.
After a public hearing given on the above dates,and upon a motion by R.Rowen and 2nd by T. Seibert to
APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the following
conditions.A vote of 4-0 was made in favor of the applicati
behalf of the Nort Andover Planning Board
John Simons,Chair
., Richard Rowen
Jennifer Kusek,Clerk
Timothy Seibert
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots,
including lot 2a with 33,421 sq.A.,Lot 3 with 57,488 sq.ft.,and Lot IA with 25,000 sq.ft. It should be
noted that Lot I was created as a lot with the endorsement of an Approval Not Required Plan,endorsed by
the Planning Office on April 1, 2008. The project is located at 166 Salem St., North Andover,
Massachusetts, 01845, Map 37D, Parcel 21 in the Residential 3 (R-3) Zoning District and in the Non-
MAR 2 3 2009 }J
L_
BOARD OF APPEALS
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166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
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Discharge Buffer Zone of the Watershed Protection District. The application was filed with the Planning
Board on September 3,2008. The public hearing on the above referenced application was opened on October
21,2008,and closed by the North Andover Planning Board on March 16,2009. 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 July 23, 2008 and last revised March 12, 2009, is
substantially complete and technically adequate,accept as amended herein.
B. The Definitive Plan shows a Plan of Lots(Sheet I of 5)that depicts the creation of three lots
with the following area and frontage on a 50 ft.Right-of-Way shown on the plan as"Lydia
Lane,":Lot IA, 25,000 sq. ft. and 135 ft. of frontage;Lot 2A, 33,421 sq. ft. and 172 ft.of
frontage; Lot 3, 57,488 sq. ft. and 125 ft. of frontage. The Plan thus conforms to all
applicable zoning requirements.
C. The Planning Board finds that the proposed road layout(Sheet 3 of 5,Site Grading 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. The applicant had previously
proposed a four lot subdivision with a conventional subdivision road that would have been
more intrusive and would have had much greater impact on the natural topography and site
features of the neighborhood and the surrounding environment in the Watershed district.
D. The proposed roadway layout provides for adequate access to all of the lots in the subdivision
that will be safe and convenient for travel.
E. The applicant applied for and received approval for a Watershed Special Permit from the
Town of North Andover Planning Board according to the Town of North Andover Zoning
Bylaw section 4.126. In making that decision, the Planning Board found that the overall
design of the subdivision was less intrusive and had less impact on the environment than the
initial plan.
F. The applicant had applied for an Earth Removal Special Permit from the Town of North
Andover Zoning Board of Appeals,under Section 5,paragraph 5.6.2 of the town of'North
Andover Zoning Bylaw for the removal of3,655 cubic yards of excess earth material related to
the construction ofafour-lot subdivision. The applicant requested a withdrawal without
prejudice due to the fact that the design of the Subdivision was changed from four lots to three
lots with a reduced roadway layout so that the Earth Removal Permit was not required.Ile ZBA
voted to grant the applicant's request for a withdrawal without prejudice on January 13,2009.
G. The roadway layout and stormwater management systems as depicted in Sheet 3 of 5 (Site
Grading Plan) has been found to provide a design that is compatible with the surrounding
neighborhood, that provides for adequate drainage and provides for least amount of intrusion
and disturbance with the 400 ft. buffer of the Non-Discharge Zone of the Watershed
Protection Area.
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.
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166 Salem Street Definitive Subdivision Plan Decision
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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 Department of Public Works, and the Fire
Department and has been found to be acceptable.
M. The Definitive Plan conforms with 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:
A) The "Locus" refers to the 115,909 sq. ft. parcel of land with land fronting on Salem Street as
shown on a portion of Assessors Map 37D, Parcel 21,and also known as 166 Salem St.,North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Christiansen&Sergi 160 Summer St.,Haverhill,MA
01830 dated July 23,2008,revised to October 10,2008,February 2,2009,February 17,2009 and
March 12, 2009, consisting of Sheets I - 5, titled "Definitive Subdivision Plan for Captain
Nathaniel Berry Homestead,located in North Andover,Mass,record owner and applicant 166 Salem
Street Realty Trust, 166 Salem Street,North Andover,MA 01845".
C) The "Project" or "166 Salem Street" refers to the construction of a three-lot subdivision,
including a roadway, the installations of stormwater management infrastructure, the installation
of underground utilities,connections to existing water and sewer service and substantial grading
in the R-3 Zoning District
D) The "Applicant" refers to 166 Salem Street Realty Trust, 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 number of lots originally proposed
for the subdivision was reduced from 4 lots to 3 lots and 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 Plan
0 Section 6.8.1 Table IA.Minimum pavement width proposed is 18 ft.,instead of 26 ft.
0 Section 6.8.1 Table IA. Minimum intersection corner curb radius proposed is 10 ft.,instead of
40 ft.
0 Section 6.8.1 Table IA.A 50 ft.vertical curve is proposed,instead of the required 100 ft.
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166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
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• Section 6.8.1 Table IA. A K value of 12.5 for the"driveway"is proposed,instead of the required
30 K value.
• Section 6.8.1 Table IA.No cul-de-sac is proposed,
• Section 6.9.No curbing is proposed.
• Section 6.11.No sidewalks are proposed.
• Section 6.15.2.No fire hydrants are proposed. There is a fire hydrant within 200 ft.of the current
driveway entrance to 166 Salem St.
• Section 6.18.1. No street trees are proposed.
• Section 6.21.No street lighting is proposed.
• Appendix I. "Driveway"construction will consist of an 8'gravel base,topped by 4"of crushed
stone,2'/z'binder course and 1 ``/z'top course. The requirement is for 12'gravel base,with a 4'
sub-base of crushed stone,a 4'binder course and 1 ''/z'top course.
• Appendix I.No street sign 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 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 in the subdivision.
4) All existing trees that are noted on the plan to remain will be maintained in perpetuity.
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.
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 documented in the respective deeds for each lot in the
subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a. 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 posting of security as required in Condition 5 under "PRIOR TO START OF
CONSTRUCTION'.
b. A Site Opening Bond in the amount of one thousand($1,000)dollars 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.
a A notation must be placed on the plan noting that the roadway is considered a private driveway,not a
public road.
d. Deed restrictions must be placed on Lots IA,2A 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.
e. Deed restrictions must be placed on all lots regarding the further subdivision of the lots,as noted in
Special Condition#6.
f. Easement documents and maintenance agreements concerning the private driveway must be
submitted and reviewed and approved by Town Counsel.
g. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on
the subdivision.
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166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
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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
Board's decision.These plans must be submitted within ninety(90)days 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.
1. 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.
PRIOR TO THE START OF CONSTRUCTION
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 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 Performance Guarantee in an amount to be determined by the Planning Board and the 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;
g. site restoration;
h. final site cleanup.
6) 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.
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7) 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.
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PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1) The private driveway must be constructed to binder paving with stabilized shoulders and the rain
gardens in place.
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166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
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2) All condition found in the Watershed Special Permit for each lot must be complied with.
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) All appropriate erosion control measures for the lot shall be in place.
5) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
6) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
7) Lot numbers,visible from all roadways must be posted on all lots.
8) Prior to the issuance of a Building Permit for Lot 1A,a Plot Plan showing the reconstruction of the
existing stone wall and fence facing Salem Street will be submitted for approval by the Planning
Office.
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.
4) Hours of construction are iimited from 7 am.to 5 p.m.,Monday through Friday and 8 am.—5 p.m.on
Saturdays
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) A granite post with the three"Salem Street"house numbers must be installed at the entrance to
the driveway.The location and size of granite post must be approved by the North Andover Fire
Department.
2) All slopes shall be stabilized, as determined by the Planning Board,with regard to erosion and
safety.
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166 Salem Street Definitive Subdivision Plan Decision
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3) All lots must be raked,loamed and seeded, sodded or mulched,if the weather does not permit
seeing 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.
7) The homes built on lots 1A and 3 must be equipped with a home sprinkler system that will be
installed according to current building code standards. The sprinkler systems must be inspected and
approved by the North Andover Fire Department
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.
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 stotinwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
I) 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.
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166 Salem Street Realty Trust
166 Salem Street Definitive Subdivision Plan Decision
Map 37D,Parcel 21
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"The Captain Nathaniel Berry Homestead",located
in North Andover,MA
Prepared for: 166 Salem Street Realty Trust
166 Salem Street
North Andover,MA 10845
Prepared by: Christiansen&Sergi
160 Summer St.
Haverhill,MA
North Andover,MA 01845
Scale: 1"=40'
Date: July 23,2008,revisions October 10,2008,February 17,2009,and March 12,2009.
Sheets: 5
Application for Definitive Subdivision Plan
Received: Sept.3,2008
Narrative
Received: Sept.3,2008
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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