HomeMy WebLinkAbout2015-03-17 Decision DEF SUB RI:.CCIVED
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�01tTlt TOWN CLERK'S OHM;
Town of North Andover
«'•''• "'' °° Office of the Planning Department 2015 MAR 23 PM 23 34
Community Development and Services Division
1600 Osgood Street C'
+.«t Noth Andover,Massachusetts 01845 0ja ANDOVERt[o � g
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NOTICE OF DECISION
DEFINITIVE SUBDIVISION 'Cttis is to"(Wy that twenty(20)days
have elapsed from date of decision,flied
Any appeal shall be filed vritttvt►tfilE��ean i a?D�(d
within(20)days after the iWoe A,Bra
date of filing this notice in Town Cleric
the office of the Town Cleric.
Date; March 17,2015
Public Hearings: October 21,2014;February 3,
2015,March 17,2015.
Date of Decision:March 17,2015
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Petition of, Marc E.Rudick
1046 Great Pond Road C} �: 4 r ? 06-28-21316 2% 04
North Andover,MA 01845 Essex Borth Icrnd Court Res Istry
Premises Affected-, 1046 Great Pond Road
Assessors Map 103 Lot 27
North Andover,MA 01845
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The Planning Board herein approves a three(3)lot Definitive Subdivision plan, including relocation of one
existing structure to a new position on site, creation of a proposed way on a separate lot, removal or
'i demolition of one existing structure,construction of one new driveway fronting Great fond Road,installation
of stormwater management infrastructure, and installation of necessary underground utilities, located off
Great Pond Road in the R 1 Zoning])]strict.The application was submitted by applicant Marc E.Rudick,the
{ owner of the property, with plans dated September 16, 2014, revised November 12, 2014 prepared by
Christiansen and Sergi Inc.
After a public hearing given on the above dates,and upon a motion by L.Rudnieki,seconded by D.Kellogg,
the planning Hoard APPROVES the application as amended and with conditions,A vote of 5-0 was made in
i favor of the application.
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Onbehalfetheorth Andover Planning Board
LAND COURT, BOSTON. The land John Simons,Chair
herein will be shown an Mic,ael Colantoni
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Plan c 37
(E XAMIId�D AS ASCRIPTION ONLY) _
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-AG44WG. CHIEF ENGINEER A, y
Town of North Andover
Definitive Subdivision—1046 Great Pond Road,"Redick Place"
March 17,2015
The Planning Board heroin unanimously APPROVES the application for a Definitive Subdivision so as to
construct a three(3)lot subdivision with a fourth lot created as a proposed way.The application was filed
with the Planning Board on September 18,2014.The public hearing on the above referenced application
was opened on October 21,2014 and closed on March 17,2015.The applicant submitted a complete
application,which was noticed and reviewed in accordance with Section IV of the subdivision rules and
regulations.
The Planning Board makes the following findings as required by Section 5.6 of the Nortb Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT
1) The Definitive Subdivision Plan is substantially complete and technically adequate as amended
herein.
2) The Subdivision Plan provides adequate access to all lots within the subdivision in ways that will be
safe and convenient for travel. Two lots will continue to use an existing driveway, unchanged, and
one lot will use one new driveway fronting Great fond Road.
3) The Subdivision Plan does not include any now ways other than the way shown as Lot 39 on the
Plans, created to provide Iegal frontage to Lots 37 and 38, and will not have a significant impact on
congestion on adjacent ways.
4) The Subdivision Plan will not have a significant impact on the operation of motor vehicles within the
subdivision or on adjacent ways.
5) The Subdivision Plan provides adequate access and egress in the case of fire, flood, panic, and other
emergencies
6) The Subdivision Plan conforms to all applicable zoning requirements for residential lots within the R-
1 Zoning District.
' 7) The Subdivision Plan secures adequate provisions for water, sewage, drainage, underground utility
services, fire,police,and other similar municipal equipment.
8) The Subdivision flan will have no impact on ways in neighboring subdivisions.
9) The Subdivision flan conforms to the design and construction standards of the Subdivision Rules and
' Regulations,except as waived by the Planning Board as provided herein.
10) The Applicant has responded to comments from the Planning Board and independent stormwater
technical reviewer and provided revised drainage plans that address on-site stonnwater management.
11)The proposed roadway, depicted at Lot 39 on the Plans, was created to provide the minimum legal
frontage for lots 37 and 38, and would be classified as a private way. As described in Special
Condition No. I below, the Board has waived certain roadway construction standards such that the
roadway layout shown on Lot 39 will not be constructed to full subdivision standards, and such
roadway shall not be paved beyond the limits of pavement shown on the Plans.
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Town of North Andover
Definitive Subdivision—1046 Great Pond Road,"Rudick Place"
March 17,2015
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PERMIT DEFINITIONS i
1) The "Locus" refers to the approximately 6.3-acre parcel of land fronting Great Pond Road at 1046
Great Pond Road as shown on Assessor's Map 103,Lot 27.
2) The "Plans" refer to the plans entitled "Definitive Subdivision Plan for Rudick Place in North
Andover, MA," dated September 16, 2014 and revised to March 14, 2015, Sheets 1-5, along with
"Special Permit Plan for Rudick Place in North Andover, MA -- Proposed Drainage Modification
Plan," dated March 12,2015 (revised to March 14,2015), Sheets 1-4, both prepared by Christianson
&Sergi Inc., as amended by this Decision, including Special Condition No. l 1A of this Decision.
3) The"Project"refers to the construction of a three(3)lot subdivision,along with a fourth lot which is
the layout of the proposed way,and including relocation of one existing structure to a new position on
site,removal or demolition of one existing structure,construction of one now driveway fronting Great
Pond Road, installation of stormwater management infrastructure, and installation of necessary
underground utilities at 1046 Great Pond Road as depicted on the Plans.
4) The"Applicant"refers to Marc E.Rudick,the applicant for the Definitive Subdivision Plan.
5) The "Project Owner" refers to the person or entity holding the fee interest to the, title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL CONDITIONS
? Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan with the
following conditions;
1) The driveway, building location, utilities, and stormwater management infrastructure will be
constructed according to the Plans, with requested waivers granted. With respect to waivers
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z concerning development standards, the Planning Board makes a finding, in accordance with
Section 2.7.4 of the subdivision rules and regulations, that the waived requirements will not
impair the functioning, long-term maintenance, nor appearance of the f4hire development of the
land,will not result in an adverse impact on the areas adjacent to the land,and are consistent with
the Board's development objectives,The requested waivers consist of
a. Plan Form and Contents: Since the plan will involve very limited construction and is
designed to maintain existing improvements to the extent practicable, the requirements
for plan form and contents except as shown on the Definitive flan are waived. Adequate
Information has been included on the Definitive Plan to enable it to be filed in accordance
with the requirements of the Essex North Registry District of the Land Court.
b, Performance Guarantee for Lot Release: As part of this Notice of Decision, the Board
a will execute a Covenant for all four lots.
} c, As-Built Plans: As-Built plans will not be required for dwellings located on Lots 37 and
38 as there will be no change to these structures but will be required for drainage and
landscaping, per Condition 27, As-Built plans will still be required for the dwelling to
be.located on Lot 36 prior to bond release,per Condition 27,
d. Street Design Standards, Utilities, Storm Drainage, Granite Curbing, Sidewalks,
Monuments, Street Trees, and Lighting. These design and construction elements are
waived except as shown on the Plans as the Locus is already substantially built out and
no new constructed ways are proposed, Such way shall not be paved or otherwise
constructed beyond the limits of pavement shown on the Plans.
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` Town of North Andover
Definitive Subdivision—1046 Great fond Road,"Rudick Place"
March 17,2015
2) In consideration of the approval of the Plan, there is to be no farther division or subdivision of a
part or portion of the parcels created through this Subdivision Plan. This restriction is to be
documented in the respective deeds for each lot within this subdivision,
3) All easement documents, deed restrictions, covenants, Homeowner's Association Agreements,
and maintenance agreements required as part of this decision must be submitted, reviewed, and
approved by the Planning Department, Town Counsel, and the Town Engineer as deemed
necessary by the Town Planner prior to recording,
PRIOR TO THE ENDORSEIV)(ENT OF THE PLAN
4) A covenant (Form 1) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Department. Said lots may be released from
the covenant upon posting of security as required in Condition 27.
5) A deed restriction must be placed on Lot 39 regarding the fact that it is a private way and shall
never be maintained by the Town,nor accepted as a public way.A notation must be placed on the
plan noting that Lot 39 is a private way. The roadway layout in Lot 39 shall not be paved or
otherwise constructed beyond the limits of pavement shown on the Plans.
6) The Applicant shall grant a nonexclusive 25'-wide easement to the Town of North Andover
which provides the Town with the right, but not the obligation, to maintain, repair, replace, and
access to and egress from: the existing catch basin on the westerly side of Great Pond Road at
#1046, the existing drain pipe leaving said catch basin, and the existing manhole structure said
pipe flows to (said manhole is currently located in the front yard of#1046 Great Pond Road and
shown as DMH#I on the Plans).
7) The restrictions or covenants described in Condition 43 above shall include an obligation, with
respect to the portion of the Locus depicted as"Biofiltration Area"on the Plans,to be maintained
as a grassed area, to maintain.the grades of such Area as depicted on the Plan, and prohibit the
stockpiling of soils, snow or other materials into the Biofiltration Area in a manner which could
impede the flow into, and functioning of,the stormwater facilities.
8) To ensure that all stormwater management facilities will function appropriately,the restrictions or
covenants described in Condition #3 above shall be maintained ut perpetuity by a homeowner's
association, declaration of restrictions and covenants, or other similar recorded restriction, with the
terms of ownership and maintenance to be documented in the restriction, This restriction shall
include an obligation of the owner and its successors to maintain and repair such stormwater
facilities and such restrictions shall be deemed to be for the benefit of and enforceable by
' the Town of North Andover and shall not be subject to modification without public
hearing and notice.
9) A completed utilities form (Form M) for all utilities and easements placed on the subdivision
must be submitted to the Planning Department,
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a 10)The Applicant must meet with the Town Planner in order to ensure that the final plans conform to
this Notice of Decision, These plans must be submitted within ninety (90) days of this Notice of
} Decision.
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Town of North Andover
Definitive,Subdivision—1046 Great Pond Road,"Rudick Place'
March 17,2015
11)A development schedule must be submitted to the Town planner which schedule shall require
the completion of all drainage improvements on Lots 37, 38 and 39 including but not
limited to those required by the Watershed Special Permit within two year's of the date of
this Decision,
I IA) Sheet 4 of the Definitive Subdivision flan for Rudick Place in North Andover, MA shall be
updated to incorporate the stormwater improvements shown on the Special Permit Plan for Rudick
Place in North Andover, MA --Proposed Drainage Modification Plan, described in Permit Definition
No.2 above.
PRIOR TO THE START OF CONSTRUCTION
12)A Site Opening Bond in the amount of$5,000 shall be filed with 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.
13) The Notice of Decision and accompanying plans must be recorded with the Essex North Registry
of Deeds, and the list of approved waivers must appear on the Mylar plans. The Applicant shall
provide the Planning Department with two copies of the recorded Notice of Decision and
accompanying plans.
14) Each and every Form 1, Form M, covenant, easement document, Homeowner's Association
Agreement, and other maintenance document required as part of this decision must be recorded
with the Essex North Registry of Deeds. The Applicant shall provide the Planning Department
with two copies of each document filed.
15) In consultation with the Town Planter, the Applicant shall designate an independent construction
monitor.The monitor shall read,sign,and return to the Town Planner the Letter of Agreement for
Independent Monitors. The monitor shall make weekly inspections of the project, provide
monthly reports to the Planning Department, and detail any areas of non-compliance and
y corrective actions. The monitor will also provide reports following heavy rain events. The
monitor must also be available upon notice to inspect the site accompanying a Planning
s Department designated official. All records of the monitor shall be deemed to be Public Records
under G.L.Chapter 4, Section 7(26).
16)Apre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and
construction schedule. At this same meeting, the activities for conditions 18 below may be also
conducted.
17 Yellow "Caution" toe must be placed along the limit of clearing and grading as shown on the
plan. The Planning Department must be contacted prior to any initial cutting and/or clearing on-
site.
All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
PRIOR TO ISSUANCE OF A BUILDING PERMXT
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18)A Plot Plan for the lot in question most be submitted to include:
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Town of North Andover
+ Definitive Subdivision—1046 Great fond Road,"Rudick Place"
March 17,2015
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Proposed grading
e. Location of drainage infrastructure
f, Identification of all easements
19)Appropriate erosion control measures for the lot shall be in place.
20) Catch basins shall be adequately protected and maintained to prevent siltation into drainage
structures
21)The lot in question shall be staked in the field; the location of any major departures from the plan
must be shown.
22)Lot numbers,visible from the frontage,must be posted on lots.
DURING CONSTRUCTION
23)Any stockpiling of materials must be maintained using all relevant Best Management practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
24)It shall be the responsibility of the Applicant to ensure that no erosion from the site of
construction shall occur which will cause the deposition of soil or sediment upon adjacent
properties or public ways, except as normally ancillary to off sits sewer or other off site
i construction. Off-site erosion will be a basis for the Planning Board to make a finding that the
project is not in compliance with this Notice of Decision, and the board shall give the developer
i written notice of any such finding and provide ten(10)days to implement corrective actions.
25) 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 construction site,
26) Hours of construction are limited from 7;00am to 5:00pm Monday through Friday,and 8:00am to
5:00pm on Saturdays.
PRIOR TO ANY LOT RELEASE
27)A Performance Guarantee bond in an amount to be determined by the Town Engineer and Town
Planner shall be posted to ensure completion of the work in accordance with the approved Plans.
Items the bond may cover include,but are not limited to:
a. As-Built Drawings
b, Sewer and Utilities
o. Roadway Construction
' d. Lot and Site Erosion Control
e. Site Screening and Trees
f. Drainage Infrastructure
S. Site Restoration
h. Final Site Cleanup
There shall be no release of any lot(except for Lot 36)until the drainage system is
constructed in accordance with the Proposed Drainage Modification Plan listed above,
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Town of North Andover
Definitive Subdivision—1046 Great Pond Road,"Rudiek Place"
March 17,2015
and the requirements of the Watershed Special.Permit, Construction of the drainage
modifications implicate lots 37, 38 and 39 and completed as built drainage and
landscaping plans should be a condition of release of these lots and such drainage system
shall be constructed no later than 2 years from date of this Decision.
28)The Applicant must submit a Iot release(Form 3)to the Planning Department.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
29) The Applicant must submit a letter from the architect or/and engineer of the project stating that i
the building and site layout substantially comply with the approved flans and this Notice of
Decision.
30) It shall be the Applicant's responsibility to assure the proper placement of 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.
I� 31)All slopes must be stabilized with regard to erosion and safety.
32)The lot must be raked, loomed, and seeded,sodded or mulched.
33) 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,
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34)The Applicant agrees to install a single row of arborvitae designed to screen the relocated
dwelling on Lot 36 from the dwelling located at 1092 Great Pond Road. Such screening shall
consist of a row of ten (10) to twelve (12) single stem Western Arborvitae, spaced 8 to 10 feet
apart, for a distance of 100 feet, and such screening shall be. installed on Lot 36 at a location
which is set back approximately five (5) feet from the common boundary between Lot 36 and
1092 Great Pond Road. The location of screening shall be staked in the Meld prior to installation,
and the arborvitae shall be planted in the Spring of 2015.
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35)It is understood that as a condition of approval, the structure identified as "l xisting Dwelling to
be Razed" on Sheet 2 of the Plans is designed to be either moved off the Locus to another
location, or be razed. To this end, the Applicant agrees that prior to the issuance of a Certificate
,f of Occupancy for the building to be relocated onto lot 36, the dwelling identified as "Existing
Dwelling to be Razed"on Sheet 2 of the Site Plans shall be either moved off the Locus,or razed,
unless that Planning Board agrees to extend the timeframe within which the dwelling shall either
t be razed or relocated.
' 36) Ilse area depicted as an area of vegetation removal on Lots 36 and 37, which had been recently
°( cleared, shall be promptly re-vegetated and the soils stabilized. Vegetation should be comprised
of native species to minimize the need for watering and fertilizer application, and any fertilizer
used in the re-establishment of vegetation shall be slow-release and low in phosphorus.
PRIOR TO THE RELASE OF SECURITY AND/OR.ESCROWED FUNDS
37)A final set of as-built plans showing final topography, location of utilities, structures, drainage
facilities,and casements must be submitted to the Planning Department,
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l 38)The Planning Board must by a majority vote make a finding that the site is in conformance with
the approved plan.
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" Town of North Andover
Definitive Subdivision— 1046 Great Pond Road,"Rudick Place"
. March 17,2015
39) The Town Planner shall verify that all planning, Conservation, Board of Health, and Division of
Public Works requirements are satisfied and that construction was in compliance with all
respective approved plans and conditions.
GENERAL CONDITIONS {
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40)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
41) Gas, telephone, cable, and electric utilities shall be installed underground as specified by the
respective utility companies.
42) The provisions of this conditional approval shall apply and be binding upon the Applicant, its
employees, and all successors and assigns in interest or control.
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43) 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.
44) Any revisions shall be submitted to the Town Planner for review; if the revision is deemed
substantial,the Applicant must submit revised plans to the Planning Board for approval.
45) The following information shall be deemed part of this decision:
Plans Titled: Definitive Subdivision Plan for"Rudick place"in C
North Andover,MA 01845 (the Definitive Plan)and
Special Permit Plan for"Rudick Place"
E in North Andover,MA Proposed Drainage Modification Plan
(the Special Permit PIan)
Prepared for: Marc R Rudick '
1046 Great Pond Road t'
North Andover,MA 01845
Prepared by; Christiansen&Sergi Inc.
150 Summer Street
Haverhill,MA 01830
Scale: 1"= 100'
Date: September 16,2014,Revised March 14,2015 h
Sheets: 1-5(Definitive Plan)
Scale: 1"=40'
Date: March 12,2015,Revised to March 14,2015
Sheets: 1-5(Special Permit flan)
cc: All Town Departments
Applicant
Engineer
Abutters
Assessor '.
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ACCEPTANCE BY TOWN OF NORTH,ANDOVER
BOARD OF SELECTMEN
The Town of North Andover, Massachuse acting by and through its Beard of
Selectmen, accepts the foregoing conveyance to sax own.
i
acy ' . W atson, Chai7r
eColog
ose ed' e
onald Stewart
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Richard VaRlancourt
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this oZ 0 day of �2016, before me, the undersigned notary public,
personally appeared Tracy M. Watson, Phil DeCologero, Rosemary Smedile, Donald
Stewart and Richard Vaillancourt, each proved to me through satisfactory evidence of
identification, which was a Massachusetts Driver's License,to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that she/he
each signed it voluntarily for its stated purpose, acting in her/his capacity as a Selectman
for the Town of North,Andover.
Notgmmis bli
My sio Ex tyres:
LAURIE A. BURZLAFF
UlfNotary Public
COMMONWEA TH OF MASSAOHUSEFYS
My Commission Explres
October 2, 2020
(00092127;v2)
Essex Korth Laad Court Rasistis