HomeMy WebLinkAbout2005-07-22 Application DEF SUB s Joseph J. Serwatka,P.E.
�C Post Office Box 1016.
North Andover, MA
uiONT 978-6$3-6595
,1
March 2, 2005
North Andover Planning Board
400 Osgood Street
North Andover, MA 01845
Re: Winter Street Improvement.& Watershed Special.Permits
Winter Street, North Andover
Dear Board Members:
Attached please find an Application for definitive Subdivision Approval for the
improvement of Winter Street,-and-Applications-for-Watershed Special Permit for the
construction of a single family-dwelling on-land off Winter Street, and for the
construction of a road/driveway on Winter Street to access the subject lot.
To give the Board a brief history, the subject parcel (map 103, lot 120) contains
12.9 acres and is the remaining land owned by Santo Messina, who purchased the
original parcel known as "Rose Meadow' in 1960. Two ofSanto's children have.already
built homes on Winter Street, and now Laura (Messina)Elias, her husband Claude and
their children would life to build a:home on the remaining 12.9 acre parcel.
It has been a year long process to bring the land to the point that we can now
come before the Board and request permission to construct-the home and-driveway/road,
On March 11, 2004, we attended a TRC meeting to discuss the construction of a
dwelling, driveway and utilities. The.proposed 8"water main-extension and hydrant are
proposed at the request of the-Fire Department.
On April 20, 2004, we met informally with.the Planning Board to present our
plans for the land. We discussed-the applicant's desire-to-build a home on the property
and to gain access by a modified road/driveway. Site disturbances would be kept at a
minimum as the entire parcel is in the Watershed Protection District. The Planning Board
informally saw that our plan had merit, and advised us to.obtain the necessary variances
with the Zoning Board of Appeals (ZBA) prior to filing a subdivision plan and special
permits.
On May 13, 2004,we filed concurrently with the Commission(ANRAD) and
ZBA(Variance Request). We met with the Commission on May 26, 2004 and were
subsequently issued an OR-AD for the wetland line on May 28, 2004, a copy of which is
attached. We met with the ZBA on June 8 and July 13, 2004 and were issued variances
for CBA, frontage and setbacks. A copy of petition 2004-013 is attached.
On December 15, 2004 an additional variance request was filed with the ZBA.
Said variance was subsequently issued on January 18, 2005 to allow for the construction
of a single family dwelling in the Non-Disturbance Buffer Zone as described in section 4,
paragraph 4.136.3.C.ii(3) of the by-laws. A copy of petition 2004-035 is also attached.
We have submitted two Applications for Watershed Special Permit, one for the
house and one for the driveway, as advised by the interim Town Planner. The plans state
that the entire site lies within the Watershed Protection district. The Non-Discharge zone
(i.e. 150'-400' from wetlands) falls within Winter Street. The entire subject lot falls
within the Conservation andNnn--D-isturba.ncezones,.-or the-area within 150' of the
wetlands. As stated previously, we have received a variance for the proposed work in the
Non-Disturbance zone, and no work is shown within the Conservation zone. As required
by the Watershed bylaw, we have shown infiltration of roof runoff, as well as a vegetated
basin to capture and treat runoff from.the proposed driveway. In addition, all runoff from
the proposed driveway will be captured and treated by crushed stone shoulders. It is my
professional opinion that these measures will serve to-protect the Watershed, There will
not,therefore, be any degradation of the quality or'quantity of water entering the
Watershed.
Although the subject lot has frontage on a street as defined in the Zoning By-Law,
Winter Street needs to be improved, thus the need to file an Application for Definitive
Subdivision Approval for the improvement of Winter Street as will ultimately be required
by the DPW and Planning Board, The design of the driveway is based on our informal
discussions with the Board in April 2004. The proposed paved driveway will service only
the proposed lot, and no other abutting land will ever need to access this driveway.
Therefore, we have proposed what we believe to be adequate access to the proposed
dwelling. Given that the existing Winter Street is only 20-24' between stone walls, we are
severely restricted by what can be built. It is proposed to install 12' of bituminous
pavement with 5' by 2' deep stone shoulders to infiltrate and control runoff. Portions of
Winter Street and thus, the proposed driveway, lie within the 25 foot, 50 foot, 75 foot and
100 foot zones at one point where the existing wetland is adjacent to the stone wall. We
are trying to satisfy the requirements of the DPW, Planning Board, Conservation and
ZBA by proving adequate access to the dwelling, but we also have to deal with the
concerns of development in the Watershed. I believe that the proposed improvements
strike a balance between all-concerns.
I look forward to meeting with the Board to present these projects. Should
you have any questions concerning this letter,please contact me.
Si l9Serwatka,
J h JE.
Form C ;
Application For Definitive Subdivision Approval
Received; Town of North Andover Town Clerk(Date Stamp)
Stamp three(3)forms with the Town Clerk. bile one(1)copy with the Town Clerk and two(2)
with the Planning Department.
To the Planning Board:
The undersigned,being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL, for approval of
a proposed subdivision plan, hereby submits a Definitive Plan and makes application for
approval to the North Andover Planning Board:
The undersigned hereby applies for-the approval of said Definitivs.plan by the Board,and in
furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The
undersigned hereby further covenants and agrees with the Town of North Andover,upon
approval of said Definitive plan by the Board:
a. To install the utilitiesin=c-o dame.with-thenAes-and regulations of thePianui.tag
Board,Department of Public Works,the Board of Health, and all general as well
as zoning by-laws of said Town, as are applicable to the installation of utilities
with the utilities within the limits of ways and streets;
b. To complete and constructfhe street-or ways.and9ther improvements shown
thereon in accordance with Section V and V1 of the Rules and Regulations of the
Planning Board, including all Appendices�I-VI) and Figures(1-27),and the
approved Definitive plan,profiles and cross-sections of the same. Said plan,,
profiles, cross-sections and constructionspecifications are specifically,by
reference, incorporated hereing and made a part of this application. This
application and the covenants and agreements herein shall be binding upon all
heirs,executors, administrators, successors,grantees of the whole or part of said
land, and assigns of the undersigned; and
C. To complete the aforesaid installations and construction within two (2)years from
the date hereof.
i. Name of Applicant: Clau�b & Lea ELias
Address:
Signature of Applicant
Z. Name of Subdivision:
3, Location and Description.of-Px pu-ty-#nrlude-Ass mar slAV,&-Lot and Zoning District�s)),-
mrrt waAd lily_ to ca-islm� a fat i depSling cry
Street~. Lcrt is in R1 district.
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Address of Property Being Affected:_Mrhar St !E�et and 1p 103, Lat 120
Zoning
District: Ri
Assessors: Map#: -.1-03 Lot#
& Winbar Slot
4. Deed Reference: Book 4736, Page 156 and/or
Certificate of Title No,
5. Name of Suvveyor/Engineer: e Tarn . ['-
Address: P. O. BCx 205, Sa7_En, T 03079
Easements&Restrictions of Record(Describe&Include Deed References)
6. Preliminary Plan Submitted? rn -Plan apprnvrd7 ;Date:
Signature of Owner(s):
Address:
Received: Town of North Andover Tawn.Clerk�ila#e ct_a�.,nn):
Signature of Town Official receiving this application:
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Town of North Andover Planning Board.;. ; :.
Application for Watershed Special Permit• °,
Please type or print clearly.
1. Petitioner: L)D ' L 1
Petitioner's Address: a
Telephone number: 0
21 Owners of the Land:_ .J` -t4 n? - i21&I-A —
Address:
Number of years of ownership:
3. Year lot was created: I q
4. Is the lot currently on septic or sewer? Ci Vy i2� A�l
If on sewer,Tease provide date the sewer connection was completed: I q� & t _
5. Description of Proposed Project: O F A LA
L w
t,u IO
Jod
6. Description of Premises: e,4t4'r le Al
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y2 . R
7. Address of Property Being Affected—
Zoning District: - -
Assessors: Map: 1473 Lot# 1 Z O
Registry of Deeds: Bo Page -
8. Existing Lot:
Lot Area(Sq.Ft) ��� 9 cr7 3 BuildingHeight
Street Frontage: 42 Side Setbacks:
Front Setback: __ Rear Setback:
Floor Area Ratio: — Lot Coverage:
9. Proposed Lot(if applicable):
Lot Area(Sq.Ft) Building Height 0 5g.
Street Frontage: ! Side Setbacks: 0 l-v
Front Setback: U Rear Setback:
Floor Area Ratio: Lot Coverage:_ _
r
r,
0. Required Lot as required b Zouiu Bylaw):
1 q { q
Lot Area(Sq.Ft) 7 1 d Building Height 5MY
Street Frontage: 7 Side Setbacks: '00
Front Setback: _ $D Rear Setback: '3 0
Floor Area Ratio: Lot Coverage: n! A
11. Existing Building(if applicable):
Ground Floor(Sq.Ft.) #of Floors:
Total Sq.Ft. Height:
Use: Type of Construction
12. Proposed Building:
Ground Floor(Sq,FL) of Floors:
Total Sq, Ft. Height:
Use: Type of Construction
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises? ►J o if so,when and for what type of construction?
U Section of Zoning Bylaw that Special Permit Is Being
Requested �✓ ra
15. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application.
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses
for filing and legal notification. Failure to comply with application requirements,as cited herein
and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard
of this application as incomplete.
Petitioner's Signature:
Print or We name here: t�
E .
Owner's Signature:
Print or type name here: 2
16. Please list title of plans and documents you will be attaching to this application.
VvrNr e i imPjz4ls6rw�5NTs NA-76�G96P tAL
mydocumente/watershedspecielpermit
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Town of North Andover Planning Board
Application for Watershed Special Permit
Please type or print clearly.
1.. Petitioner: 6L AV ex
Petitioner's Address: O 07�F
Telephone number: r
2, Owners of the Land: EL 9!!E 1
Address: Dfl
Number of years of ownership: ,4:�!V
3. Year lot was created:
4. Is the lot currently on septic or sewer?
If on sewer,please provide date the sewer connection was completed:
5. Description of Proposed Project: gng?,dne!.v
O
G. Description of Premises: ILIry
rJ Y ry SOU
7. Address of Property Being Affected
Zoning District:
Assessors: Map: Lot
Registry of Deeds: Book
8. Existing Lot:
Lot Area(Sq.Ft) BuildingHeight
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
9. Proposed Lot(if applicable):
Lot Area(Sq. Ft) Building Height_.
Street Frontage: _ Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:_
10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage: T
11, Existing Building(if applicable):
Ground Floor(Sq. Ft.) #of Floors:
Total Sq! Ft. Height:
Use: Type of Construction
12. Proposed Building:
(around Floor(Sq, Ft.) #of Floors:
Total Sq! Ft. Height:
Use: Type of Construction
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises?__ _ A/a If so,when and for what type of construction?
14. Section of Zoning Bylaw that Special Permit Is Being
Requested /Z5 (o
15. Petitioner and Landowner signature(s)-
Every application for a Special Permit shall be made on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office, It shall be,the
responsibility of the petitioner to furnish all supporting documentation with this application.
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses .
for filing and legal notification. Failure to comply with application requirements,as cited herein
and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard
of this application as incomplete.
Petitioner's Signature;
Print or type name here: LAU
Owner's Signature:
Print or type name here:
16. Please list title of plans and documents you will be attaching to this application.
WIM7-64 97r. 1MPAOVE YV C-N-rS + WAr6k' 01-f t=J 5,98-C)A
mydocumenta/waiersbedspecltlpermlt Pee A 1
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: Rose Meadow Subdivision
Byt Joseph Serwatka dated May lf9
The North Andover Planning Board has 'voted to APPROVE said plant subject to the
following conditions:
1. - That the record owners of the subject land forthwith execute and record
a "covenant running-with the Land", or otherwise provide security for the con-
struction of wa�s_and the installation of municipal services within said sub-
divisions all as.-'-provided by G.T . c. 41, S. 81-U.
2.. , That a ;such construction and installations shall in all respects
conform to. the governing. rules and regulations of this Board.
3. . That, as required by the North Andover Board of Health in its report to
this' Board,•-no. building or other structure shall be built or placed upon Lots
No. ..as shown on said Plan without the prior �'� 14
consent. of said Board of Health. -
4. Other conditions:
SEE ATTACHED v -
- - o ;3U CD Diu
Ia he event t t no appeal shah. hav bee taken from said proval. within --7:;:%: -
t�w my days f oar s dater the No Andov, r Planning Boand fA0110
t reafter a orse its formal app vat upon aid plan.
T e Nort Andover P1 oard has DISAPPR d plant for thg
re son
NOR P
gate: � I • By;Wc
S. Owen.
I d7 "1
1
Rose Meadow Definitive Subdivision Conditional.Approval
The Planning Board herein APPROVES the Definitive Subdivision for a one (I) lot subdivision
known as Rose Meadow. Anne Messina, U.P.A. for Santo and Anne Messina, 12 Vista Circle,
Methuen, MA 0 184 4, submitted this application on May21, 1998. The area affected is off of
Winter Street in the R-1 Zoning District.
The Planning Board makes the following findings as required by the Rules and Regulations
Governing the Subdivision of Land:
A. In 1985 the Planning Board endorsed a.FORM A plan creating seven(7) lots along this
portion of Winter Street. This application seeks to create two lots from the original seven.
One lot will be buildable the other lot is not buildable at this time.
B. This section of Winter Street is currently a gravel road not maintained by the Town.
C. Under G L. c. 41 sec 81L a road may serve as frontage for lots on a.FORM A plan if that road
meets the conditions set forth'in that section ofthe law, In its present condition this portion
of Winter Street would not meet these standards therefore a'lot may only be created under the
Subdivision Control Law.
D. The Definitive Plan, dated May 15 1998, includes all of the information indicated in Section 3
of the Rules and Regulations concerning the procedure for the submission of plans.
E. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the
Rules and Regulations except as noted in Condition
F. The Definitive Plan is in conformance with the purpose and intent of the ,Subdivision Control
Law.
G. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law, town by-laws and insure the public health,
safety and welfare of the town.
Finally,the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1) Not further lots will be created or homes built an this portion of Winter.Street unless and until
this portion of Winner Street is brought to town standards as set forth in the most recent
subdivision rules and regulations.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) The following information as outlined in the memo dated June 25, 1998 to Kathleen
Bradley Colwell, Town Planner from James Rand, Jr., Director of Engineering must be
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reviewed and approved:
i) Road cross -section
ii) Leaching catch basin
iii) Drainline
iv) Watermain
v) Hydrant detail
vi) Water gate needed where extension begins
vii)Note for testing of water main to all town standards
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.
This amount shall cover any contingencies that might affect the public welfare such as site-
opening, clearing, erosion control and performance of any other condition contained
herein, prior to the posting of the Roadway Bond as described in Condition 4(d). This Site
Opening Bond may at the discretion of the Planning Board be rolled over to cover other
bonding considerations, be released in full or partially retained in accordance with the
recommendation of the Planning Staff as directed by a vote of the NAPB.
c) The final subdivision plans must be reviewed and approved by the Planning Department
and D.P,W.
d) A covenant (FORM 1) securing all lots within the subdivision for the construction of ways
and municipal services must he submitted to the Planning Board. Said lots may be released
from the covenant upon posting of security as requested in Condition
e) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
f) All application fees must be paid in full and verified by the Town Planner.
g) The applicant must meet with the Town Planner in order to ensure that the plans conform
to the Boards decision. A full set of final plans reflecting the changes outlined above, must
be submitted to the Town Planner for review endorsement by the Planning Board, within
ninety (90) days of tiling the decision with the Town Clerk.
h) The Subdivision Decision for this project must appear on the mylar.
i) 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.
3) Prior to any work on the site,
a) All erosion control measures as shown on the plan must be in place and reviewed and
approved by the Town Planner.
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4) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (I)
certified copy of the following documents; recorded subdivision approval, recorded
Covenant (FORM 1), recorded Growth Management Development Schedule, and
recorded FORM M must be submitted to the Town Planner as proof of recording.
b) All site erosion control measures required to protect off site properties from the effects of
work on the lot proposed to be released must be in place. The Town Planning Staff shall
determine whether the applicant has satisfied the requirements of this provision prior to
each lot release and shall report to the Planning Board prior to a vote to release said lot.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
d) A Performance Security in an amount to be determined by the Planning Board, upon the
recommendation of the Department of Public Works, 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 of a check made out to the Town of North Andover. This
check will then be placed in an interest bearing escrow account held by the Town. Items
covered by the Bond may include, but not be limited to:
i) as-built drawings
H) 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
5) Prior to a FORM U verification for an individual lot, the following information is required by
the Planning Department:
a) An as-built plan must be submitted to the Division of Public Works for review and
approval prior to acceptance of the sewer appurtenances for use.
b) The applicant must submit a certified copy of the recorded FORM J referred to in
Condition --------above.
c) A plot plan for the lot in question must be submitted, which includes an 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 NACC order of .
condition,
vi) any grading called for on the lot,
vii)all required zoning setbacks,
viii) location of any drainage, utility and other casements.
d) All appropriate erosion control measures for the lot shall be in place. The Planning Board
or Staff shall make final determination of appropriate measures.
e) Lot numbers, visible from the roadways must be posted on all lots. ..
6) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall
be required:
7) Sprinkler systems must be installed in all homes per NAFD requirements.
8) The roadway must be constructed to at least binder coat of pavement to properly access the
lot in question. Prior to constfuction of the binder coat, the applicant shall ensure that all
required inspection and testing of water, sewer, and drainage facilities has been completed.
The applicant must submit to the Town Planner an interim as-built, certified by a professional
engineer, verifying that all utilities have been installed in accordance with the plans and profile
sheet.
9) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission
10)Permanent house numbers must be posted on dwellings and he visible from the road.
11)There shall be no driveways placed where stone hound monuments and/or catch basins are to
be set. It shall be the developers 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.
12)Prior to the final release of security retained for.the site by the Town, the following shall be
completed by the applicant:
13)An as-built plan and profile of the site shall be submitted to the DPW and Planning
Department for review and approval.
14)The applicant shall petition Town.Meeting for public acceptance of the street. Prior to
submitting a warrant for such petition the applicant shall review the subdivision and all
remaining work with the Town Planner and Department of Public Works. The Planning Board
shall hold a}portion of the subdivision bond for continued maintenance and operations until
such time as Town Meeting has accepted (or rejected in favor of private ownership) the
roadways. It shall be the developers responsibility to insure that all proper deeds and
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casements have been recorded at the Registry of Deeds.
15)The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions.
16)The applicant shall adhere to the following requirements of the Fite Department:
17)Open burning is allowed by permit only after consultation with the Fire Department.
18)Underground bid storage will be allowed in conformance with the Town Bylaws and State
Statute and only with the review and approval oft he Fire Department and Conservation
Commission.
19)There shall be no burning or dumping of construction material on site.
20)The location of any stump dumps on site must be pre-approved by the Planning Board.
21)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
22)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
23)Any action by a Town Board, Commission, or Department which requires changes in the
roadway alignment, placement of any easements or utilities, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning Board.
24)The following waivers from the Rules and Regulations Governing the Subdivision of Land,
North Andover Massachusetts, revised February, 1989 have been granted by the Planning
Board;
25)These waivers have been granted in an effort to minimize the amount of cutting and filling
required on site thereby decreasing the amount of erosion and siltation on site.
26)The tilimsmust' be installed and the streets or ways constructed to binder coat by
(two years from the date permit granted). If the utilities are not
ins alle , the streets or ways are not constructed to binder coat and the Planning Board has
not granted an extension by the above referenced date, this definitive subdivision approval will
be deemed to have lapsed.
27)This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Plans Entitled: Subdivision Plan of Land
"Rose Meadow" Subdivision and Winter Street Improvements
Prepared for: Santo and Anne Messina
7
Date: May15, 1998
Scale: as noted
b) Reports entitled: Drainage Calculations for Rose Meadow Subdivision Winter Street
North Andover, MA 01845
Date: May 1998
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Rose Meadow- subdivision