HomeMy WebLinkAbout2003-11-18 Decision DEF SUB a`
i
NOTICE OF DECISION
SENT USPS VIA CERTIFIED lYIAIL
RETURN RECEIPT REI QUESTED
Owner/Applicant: .Eugene P.Willis
Premises: Lot 0 Stiles Street, North Andover, Assessor's Map 107D/Lot 14
Application: Definitive Subdivision Plan Stiles Street, M.G.L. c.41,s. 81U
Conditional Approval
The public heating on the above-referenced application was closed by the North Andover Planning Board on
November 18, 2003. Present were Planning Board Chair Alberto Angles, Vice Chair George White, Clerk
Felipe Schwarz, Members Richard Nardella,John Simons, and Associate Member James Phinney, Donald F.
Borenstein,Esq. and Eugene Willis,F.E.,appeared on behalf of the applicant.
Nardella made, and Schwarz seconded, a motion to grant and approve the Stiles Street Definitive
Subdivision, subject to the conditions set forth below. This one Iot Definitive Subdivision was requested by
Eugene P. Willis of 76 Boston Hill Road, North Andover, MA 01845. The original application, excluding
revised documentation, as cited herein, was filed with the Planning Board on August 6, 2003, with subsequent
submittals and extensions on file. The applicant submitted a complete application, which was noticed and
reviewed in accordance with Section 5.5 of Rules and Regulations Governing the Subdivision of Land, North
Andover, Massachusetts, last revised February 1989, and MGL Chapter 41, Section T. The area affected is on
Stiles Street, a public way;located off of Gray Street in the R-2 Zoning District. The motion to approve Nvas
subject to the FINDINGS OF FACTS and CONDITIONS set forth in Appendix A attached to this
decision.
The Planning Board voted on the motion by a vote of 4 in favor to 0 against. A definitive subdivision
permit requires a vote of at least three members of a five-member board. See M.G.L. Chapter 41 Sections 81K
to 81 GG and the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last
revised February 1989. Accordingly, the Application for a Definitive Subdivision is conditionally
approved.
The applicant and abutters are hereby notified that should they disagree with this decision, they have
the right, under MGL Chapter 41,Section 811311, to appeal this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted: f
Hpi i Griffin,Acting Planning Director
fo the North Andover,Planning Board: Voted:
Alberto Angles, Chairman Y-N-Abst-N/A
John Simons, Vice Chairman Y-N-Abst-NIA
Richard Nardella, Clerk Y-N-Abst-N/A
George White Y-N-Abst-N/A
Felipe Schwarz Y-N-Abst-N/A
James Phinney,Associate Member Y-N-Abst-N/A
Appendix A
Owner/Applicant: Eugene P.Willis
Premises: Lot 0 Stiles Street, North Andover, Assessor's Map 1071D/Lot 14
Application: Definitive Subdivision Plan Stiles Street,M.G.L. c. 41,s. 81U
FINDINGS
The Planning Board snakes the following findings as required by Section 5.6 of the Town of North Andover
Rules and Regulations Goverrvng the Subdivision of Land:
A. The Definitive Subdivision Plan, dated August 8, 2003 and last revised November 10, 2003
("Plan"), is substantially complete and technically adequate,except as amended herein.
B. The Definitive Plan has due regard for the provision of adequate access to all of the lots in a
subdivision by ways that will be safe and convenient for travel. The plan as proposed is for one
lot only and adequate access will be provided to the lot via a driveway approved by the Planning
Board, department of public works, fire and police departments.
C. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways. As there is only one driveway, to one proposed house lot, there will be minimal
congestion to Stiles Street.
D. The Definitive Plan reduces danger to life and limb in the operation of motor vehicles. The
further construction of the roadway as provided herein will provide better traveling for the
operation of motor vehicles versus the condition of the roadway.
E. The Definitive PIan secures safety in the case of fire, flood, panic and other emergencies. The
further construction of the roadway as provided herein will provide better access for emergency
situations.
F. 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.
G. The Definitive Plan has been reviewed by the Department of Public Works, and the, Fire
Department and has been found to be acceptable.
H. The Definitive Plan coordinates the ways in neighboring subdivisions. The further construction
of the roadway as provided herein will enable future lots on Stiles Street and other connecting
ways to tie into the improved roadway.
The Definitive Plan conforms with the design and construction standards described in these Rules
and Regulations and in the attached Appendices with the exception of the waivers granted as set
forth herein.
J. The Definitive Plan conforms with all applicable zoning requirements.
Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so
long as the following conditions are complied with:
f
Stites Street
Eugene Willis
Definitive Subdivision
CONDITIONS
1) ALTERNATI)VE BUILD OUT:
For so long as the Applicant's land shown on the PIan, being known as Assessors Map
107D, Lot 14, and consisting of 7.294 acres ("Locus"), is used or developed for not more than
one, single-family residence and uses and structures accessory thereto, the Applicant and his
successors in interest to the Locus shall only be required to construct and build out the
"Driveway", as shown and specified on Sheet 5 of the Plan,
fn the event that the Locus is at any time developed or used for more than one, single-
family residence or the Locus is further divided into additional building lots utilizing fi•ontage on
Stiles Street, or another party or landowner should seek to develop, use or create any additional
building lot utilizing Stiles Sheet for frontage, the party seeking to utilize Stiles Street for such
development, use or division shall be required to construct and build out the "Roadway", as
shown and specified on Sheets 1 through 4 of the Plan.
A) Driveway:
1n connection with the use and development of the Locus for not more than one, single-family.
residence and uses, buildings and structures accessory thereto, the Applicant shall, prior to the
issuance of an occupancy permit, construct a driveway servicing such residence (as indicated on
the Plan as "Driveway") and according to the dimensions, specifications and conditions indicated
on Sheet 5 of the Plan. No bond or other security shall be required in connection with the
construction of the Driveway, other than the withholding of occupancy permit until construction
is complete. However, Prior to a Certificate of Occupancy being granted,the following must
occur:
I. Town Planner must inspect the property and ensure the driveway has been
constructed in accordance with the dimensions, specifications and conditions
indicated on Sheet 5 of the Plan; and
2. The applicant must submit an as-built drawing of the driveway to ensure it has been
built in accordance with the dimensions, specifications and conditions indicated on
Sheet 5 of the Plan.
3. A bond of$1,000 must be posted to the ensure the completion and submission of As
Built Plans.
The following waivers have been specifically granted by the Board in connection with the
Driveway construction:
BOARD OF APPEALS 688-954I BUILDING 688-9545 CONSERVATION 688-9530 HEALTII 688-9540 PLANNING 688-9535
f
Stiles Street
Eugene Willis
Definitive Subdivision
1. 6.17.1 Installation: All electrical and connnunications lines shall be installed
underground, Existing are overhead.
2, 6.18 TREES AND OTHER PLANTINGS
3. APPENDIX I—A.5 Gravel sub-base.
4. APPENDIX I—A.7 pavement
5. APPENDIX IV
6. APPENDIX V Rules and Regulations Governing Stormwater Management
7. 5.3 STORMWATER MANAGEMENT REPORT
8. 15.2.5.3(5). The location and identification of all permanent project bench marks
in the subdivision. A;minimum of two (2) bench marks are required for each
street;
9. 5.4 ENVIRONMENTAL AND COMMUNITY IMPACT STATEMENT
10. All other applicable road construction standards inconsistent with the
specifications reflected on Sheet 5 of the Plan
The Planning Board determined that the above waivers from the Rules and Regulations Governing the Subdivision
of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances
of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and
Regulations and therefore have been GRANTED.
B) Full Roadway:
In connection with the use or development of the Locus at any time in the future for more than
one, single-family residence and uses, buildings and structures accessory thereto, or the division
of the Locus into any additional building lots utilizing frontage on Stiles Street, or if another
party or landowner should seek to develop, use or create any additional building lot utilizing
Stiles Street for frontage, the party seeking to utilize Stiles Street for such development, use or
division shall be required to construct a roadway(as indicated on the Plan as "Roadway")
according to the dimensions, specifications and conditions indicated on Sheets l - 4 of the Plan,
prior to the issuance of any occupancy permit associated with any such development utilizing
Stiles Street. In addition, the party then required to construct the Roadway shall also comply
with the following conditions:
l. Street lights to be installed per direction of the Planning Board;
2. A performance guarantee [as referred to in Condition 2Ec below] must be posted to
insure that construction will take place in accordance with the plans and the
conditions of this decision and to ensure that the as-built plans will be submitted.
3. Additional"standard"conditions, as set forth at Condition No. 2 below.
The following waivers have been specifically granted by the Board in connection with the Full
Roadway construction:
BOARD OF APPEALS 688-954I BUff,DING 688-9545 CONSERVATION 688-9530 HEALTH 698-9540 PLANNING 688-9535
Stiles Street
Eugene Willis
Definitive Subdivision
1, 5.2.5.1 b.)Notation that all deeds from the owner of the subdivision shall reserve
the fee in all streets or ways shown on the subdivision plan, such fee to be
retained by the developer until conveyed to the Town.
2, 5,2.5.3(2) Existing contours extending 50' beyond the perimeter of the
subdivision.
3. 5.2.5.4(2)Radii, arc length and central angle of all curves along the center line
and right-of-way;
4, In order to keep as much of the road pavement between the stone walls as
possible 6.8.1 Mn. ROW Width 50 feet to 40% Min, Pavement Width 26 feet to
24% Mn, Centerline Curve Radius from STA4+60.39 to STA 4+91.02. 225 feet to
100 feet; Min. Tangent length between reverse curves STA 4+40.75 to STA
4+60.39 150 feet to 19.65 feet, a K value of 19.86' for the first vertical curve
where 30 is required, and a maximum slope of 5.5% 6% is required.
5. 6.11.2 Standard sidewalk.5' wide to 4'
6. 5.12 Only the construction of the Driveway (as provided herein) is required
within the two (2) year period provided at Section 5.12 and that Section shall be
deemed to have been complied with for all purposes upon the completion of the
Driveway only within said two (2) year period. The commencement of
construction of the Full Roadway (as provided herein) shall have no time
limitation and Section 5.12 or any successor provision thereto shall have no effect
whatsoever in limitation of the Full Roadway construction, excepting only that
once commenced (at any time in the future) the Full Roadway shall be completed
within two (2) years of the date of said commencement (construction of the
Driveway shall not be deemed to constitute commencement of construction of the
Full Driveway).
The Planning Board determined that the above waivers fiom the Rules and Regulations Governing the Subdivision
of Land,North Andover,Massachusetts,revised February 1989,are reasonable given the specific circumstances
of this subdivision and have no material adverse impact on the overall intent of the aforementioned Rules and
Regulations and therefore have been GRANTED.
2) Additional Conditions Applicable to"Full Roadway" )Build Out
The following "standard conditions" shall be applicable only in the event of the build out and
construction of the "Full Roadway" and shall not be applicable to the construction and build. out of the
"Driveway", as defined and set forth in Condition No. 1 above.
A. . Environmental Monitor: The party seeking to build out and construct the Full Roadway
shall designate an Environmental Monitor, who shall be chosen in consultation with the
Planning Department. The Environmental Monitor may be the applicant/project engilaeer,
Eugene Willis, P.E. The Environmental Monitor must be available upon four (4) hours'
notice to inspect the site with the Planning Board's designated official. The Environmental
BOARD OF APPEALS 688-9541 BLRLDrN0 688-9545 CONSERVA'3'ION 688-9530 14EALTH 698-9540 PLANNING 688-9535
Stiles Strect
Eugene Willis
Definitive Subdivision
Monitor shalt 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 such issues.
B. Prior to any site work being conducted, the following shall be adhered to by the party
seeking to build out and construct the Full Roadway:
a) Submit a Site Opening Bond in an amount to be determined per direction of the
Planning Department in consultation with the Board's consulting engineer,
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 covenant (FORM 1) securing all lots within Elie
subdivision for the construction of ways and municipal services trust be submitted to
the Planning Board. Said Iots may be released from the covenant upon posting of
security as required in Condition 5(c).
b) Submit to the Town Planner a FORM M for all utilities and easements placed on the
subdivision.
c) All subdivision application fees must be paid in full and verified by the Town Planner.
d) Meet with the Town Planner in order to ensure that the plans conform to, the Board's
decision.
e) A Development Schedule must be submitted for signature by the Planning Board,
which conforms to applicable sections of the North Andover Zoning Bylaw. The
schedule must show building permit eligibility by quarter for all lots.
g) All documents shall be prepared at the expense of the party seeking to build out and
construct the Full Roadway, as required by the Planning Board Rules and Regulations
Governing the Subdivision ofLand.
C. Prior to ANY WORK commencing with regard to the build out and construction the Full
Roadway
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on Sheets 1 — 4 of the Plan. The Planning Staff must be contacted prior to any cutting
and or clearing on site.
b) Any erosion control measures shown on the plan must be in place and reviewed by the
Town Planner.
D. Throughout and During Construction:
a. Dust, mitigation, and roadway cleaning trust be performed weekly, or as deemed
necessary by the Town Planner,throughout the construction process.
b. Street sweeping must be performed, at least once per month, throughout the construction
process,or as directed by the Town Planner.
C. Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday
through Friday and 8 a.m.--5 p.m.on Saturdays.
P. Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1)
certified copy of the following documents: recorded subdivision approval, recorded
Covenant(FORM 1), and recorded FORM M must be submitted to the Town Planner as
proof of recording.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HFALTH 688-9540 PLANNING 688-9535
Stiles Street
Eugene Willis
Definitive Subdivision
b) The party seeking to build out and construct the Full Roadway must submit a lot
release FORM J to the Planning Board for signature.
c) A Performance Guarantee in an amount to be determined by the Planning Department in
consultation with the Board's consulting engineer, 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 Department.
Items covered by the Bond may include, but shall not be limited to, (to the extent set
forth on the Plan or as required by this Conditional Approval)the following:
i) as-built drawings;
ii) sewers and utilities;
iii) roadway construction and maintenance;
iv) lot and site erosion control;
v) site screening and street trees;
vi) drainage facilities;
vii) site restoration;
viii) final site cleanup.
I. Prior to Building Permit Issuance for an individual lot, the following information is required
by the Planning Department:
a) The party seeking to build out and construct the Full Roadway must submit a certified
copy of the recorded FORM J referred to in Condition 5(b)above.
b) A plot plan for the lot in question must be submitted, which includes all of the
following;
i) location of the structure;
ii) location of the driveways;
iii) location of the septic systems if applicable;
iv) location of all water and sewer lines;
v) location of wetlands and any site improvements required under a North
Andover Conservation Commission order of conditions;
vi) any grading called for on the lot;
vii) all required zoning setbacks;
viii) Location of any drainage,utility and other easements.
c) All required erosion control measures for the lot shall be in place. The Planning Board
or-Staff shall make final determination of appropriate treasures.
d) Lot numbers,visible from the roadways must be posted on all lots.
e) The roadway must be constructed to at least binder coat of pavement to properly access
the lot in question. Prior to construction of the binder coat, the party seeking to build
out and construct the .Full Roadway shall ensure that all required inspection and testing
of water, sewer, and drainage facilities, if any, have been completed. To the extent
applicable, the party seeking to build out and construct the Full Roadway must submit
to the Town Planner and the Department of Public Works an interim as-built, certified
by a professional engineer, verifying that all utilities have been installed in accordance
with the plans and profile sheet. The interim as-built plan shall be prepared in
accordance with the defWtion listed in Section 1.3.3 of the Town of North Andover
Subdivision Regulations and Section 5,14 of the Town of North Andover Subdivision
Regulations.
G. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
required;
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Stiles Street
Eugene Willis
Definitive Subdivision
a) All necessary permits and approvals for the lot in question shall be obtained from the
North Andover Board of Health,and Conservation Colntnission.
b) Permanent house numbers must be posted on dwellings and be visible from the road.
c) There shall be no driveways placed where stone bound monuments and/or catch basins
are to be set. 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
basal or stone bound position.
d) If a sidewalk is to be constructed in fi-ont of the lot, then such sidewalk must be graded
and staked at a nrinirnum.
H. Prior to the final release of security retained for the site by the Town, the following shall be
completed by the patty seeking to build out and construct the Full Roadway:
a) An as-built plan and profile of the site shaft be submitted to the DPW and Planning
Department for review and approval, in accordance with Section. 5.14 of the Town of
North Andover Subdivision Rules and Regulations.
b) All proper easements have been recorded at the Registry of Deeds.
f. The party seeking to build out and construct the Full Roadway shall ensure that all applicable
Planning, Conservation Commission, Bow•d of Health and Division of Public Works
requirements are satisfied and that construction was in strict compliance with all approved
plans and conditions for the Roadway.
J. There shall be no burying or dumping of construction material on site.
K. The location of any stump dumps on site must be pre-approved by the Planning Board.
L. The contractor shall contact Dig Safe at Ieast 72 hours prior to commencing any excavation.
M. Any revisions shall be submitted to the Town Planner for review. If these revisions are
deemed substantial, revised plans may need to be submitted to the Planning Board for
approval.
N. 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,
3) This Definitive Subdivision flan approval is based upon the following information that is incorporated
into this Decision by reference:
Plan titled: Definitive Subdivision Plan,"Stiles St,"
Located in
Noah Andover,Massachusetts
Dated: August 8,2003,last revised November 10,2003
Applicant: Eugene P. Willis
76 Boston Hill Road,North Andover,MA 01845
Engineer: Eugene P.Willis,No.45216
76 Boston Hill Road,North Andover,MA 01845
Sheets: 1 -5
Scale: As Noted
BOARD OP APPEALS 688-9541 BLJILDTNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9549 PLANNING 688-9535