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Home My WebLink About2011-10-18 Application for Preliminary Subdivision Approval 0 poRTFf I * n n J ON �SSRC F4US ' .k PLANNING DEPARTMENT Community Development Division Form B - APPLICATION FOR PRELIMINARY SUBDIVISION APPROVAL DATE: May 6, 2011 (Stamp three (3)forms with the Town Clerk. File one (1) form with the Town Clerk and two (2)forms with the Planning Department) To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-S, MGL, for approval of a proposed subdivision plan, hereby submits a Preliminary Plan and makes application for approval to the North Andover Planning Board. 1. Name of Applicant: George Haseltine Address: 66 Gilcreast Road, Lo nderry, New Hampshire 03063 Signature of Applicant: _...__..__ 2, dame of Subdivision: N/A 3. Location and Description of Property [include Assessor's Map&Lot and Zoning Districts) That property identified in the Assessor's records as Map#108A, Lot#2, situated in the Residence 2 (R-2) District 4.Address of Property Being Affected: 2009 Salem Street, North Andover, Massachusetts 01845 Zoning District: Residence 2 (R-2)District Assessors:Map #: 108A Lot#2 0. Deed Reference: Book_ 1056 ,Page 472 6. Name of SurveyorlEngineer:William R. Dufresne 7. Signature of Owner(s): L <�LD Guy and ro chards, 2009 Sale treet, North An over, Massachusetts 01845 Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: * Soon to-be-established is 2009 Salem Street, LLC, as successor Applicant 1600 Osgood Street,North Andover,Bidg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Plione 978,688.9535 Fox 978.688.9542 wet€www.townofoorthondover.com Edited 09/27/2010 BLATMANs BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW 9 Damonmill Square, Suite 4A4 Concord,MA 01742 Phone: 978-371-2226 Fax: 978-371-2296 ADA\7 J. CosTA NEwBuRYroRT OFFICE: adain cc bbmatlaw.coni 30 Green Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 By Hand May 13, 2011 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Re: _pp cation for Preliminary Subdivision Approval 2009 Salem Street North Andover Massachusetts 01845 Dear Members of the Board: Reference is made to the above-cited matter. In that connection, we represent George Haseldne and 2009 Salem Street, LLC, a to-be-established Massachusetts limited liability company (collectively, the "Applicant") in their submittal to the Board of an application for preliminary approval of a three-(3)-lot subdivision at 2009 Salem Street in North Andover (the "Subdivision" and the "Locus," respectively). Upon approval by the Board in accordance with Section 4.5 of its Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts (the "Rules and Regulations"), the Applicant will proceed with an application for definitive approval of the Subdivision. Having already met with Judith Tycoon, Town Planner, to review the Subdivision as per Section 4.1 of the Rules and Regulations, the Applicant hereby submits a plan for the same entitled "Preliminary Subdivision Plan in North Andover, Ma.," prepared by Merrimack Engineering Services, dated April 7, 2011 and revised through May 11, 2011 (the "Plan"), The Locus is situated in the Residence 2 ("R-2") District, which requires a minimum lot area of 43,560 square feet and at least 150 feet of frontage, according to the North Andover Zoning Bylaw (the "Bylaw"). Also required are minimum setbacks of thirty feet (30') in the front, sides and rear. As shown on the Plan, the Applicant proposes the subdivision of the Locus into three (3) lots, identified thereon as "Lot #1," "Lot 42" and "Lot 0." Lot #1 will contain approximately 129,181 square feet of land and, were a roadway to be constructed as shown on the Plan, 150.76 feet of frontage along it. Lot #2 will contain approximately 220,496 square feet of land and 333.58 feet of frontage along said roadway. Lot #3 will contain approximately 54,922 square feet of land and 388.40 feet of frontage along the aforesaid roadway. The suggested locations for the single-family homes proposed on Lots #1 and #2 will satisfy the Bylaw's minimum setback requirements. Likewise, the existing single-family home located on Lot #3 will satisfy said setback requirements. As designed, the Subdivision satisfies the purpose and intent of the Subdivision Control Law, G.L. c. 41, §§ 81K through 81GG, and the aforesaid Rules and Regulations adopted thereunder, by protecting and ensuring the "safety, convenience and welfare" of the Town's inhabitants. Adequate access is provided to all three (3) lots in the Subdivision via a roadways that will be constructed to be safe and convenient for pedestrian and vehicular travel. The Subdivision layout and the existing and proposed locations for single-family homes therein comply with all applicable provisions of the Bylaw. The Subdivision is designed to avoid adverse impacts on wetlands resource areas and buffer zones, as shown on the Plans The approximate locations of proposed and existing soil absorption systems are shown on the Plan, as are suggested well locations on Lot #2 and Lot #3. Other utilities, including but not limited to gas, electricity, telephone and cable television, will be made available to Lot #2 and Lot #3, and a plan thereof will be submitted to the Department of Public Works prior to their installation. The Locus is not situated in the 100--year floodplain. No soils will be exported from the Locus; approximately 2,000 yards of soils will be imported to the Locus to be used for backfill around the proposed homes and septic systems and for the roadway subgrade. Though not required in connection with the Board's review of a preliminary plan, submitted simultaneously herewith is a list of requested waivers from the Rules and Regulations, both procedural and substantive in nature, As to the former, the Applicant's requests are not "in violation of [s]tate law" nor do they "impair. , , the ability of the Board . . . to understand the nature and impacts of the proposed plan." See Section 2.7.3 of the Rules and Regulations. As to the latter, a grant of the desired exceptions is "in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law." See Section 2.7.2 of the Rules and Regulations, Most notably and as shown on the Plan, the Applicant seeks permission to construct an approximately sixteen-(16)-foot-wide "common driveway" within the right-of-way, identified as the "Prop. 16' Common Driveway," in lieu of a traditional subdivision roadway. Where the driveway will serge only three (2) lots, one (1) existing and two (2) proposed, such a waiver is warranted. Other waivers are less significant, with many relating to construction of the driveway and not a roadway (e.g. no curbing, no sidewalks), On behalf of the Applicant, we request that the Board, upon consideration of the foregoing, approve the Application for a Preliminary Subdivision at the Locus. Thank you. Should you have any questions or concerns,we will be happy to address them at the Board's dune 21, 2011 meeting,at which the Subdivision will be reviewed. t As hereinafter referenced, the Applicant is requesting a waiver so as to avoid construction of a traditional subdivision roadway within the right-of-way shown on the Plan, constructing an approximately sixteen-(16)- foot-wide"common driveway"in lieu thereof. t The wetland resources areas shown on the Plan were delineated in 2004, though an updated delineation has since been performed. Though the results of said delineation do not differ substantially from that completed in 2004,updated data will be provided to the Board if so desired. 2 i Sincerely, ....-- Lisa L. ead' am T. Costa Enclosures cc: Client 3 Form L SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT Departmental referral Form L with signature of department acknowledging receipt. TO: Director, DPW Town Engineer, DPW Water & Sewet•Department, DPW Water Treatment Department Fire Chief Conservation Administrator Inspector of Buildings Health Administrator School Department Police Department George Haseltine FROM: Applicant May 6, 2011 Date: i x Re: Preliminary Plan. Definitive Subdivision Modification to a Subdivision Special Permit Site Plan Review 2009 Salern Street, North Andover, Massachusetts 01845 Address of Development: A Public Hearing has been scheduled for the following date: .Tune 21, 2011 Please provide your written comments to the Planning Department by the following date:. June 15, 2011 (The Wednesday before the scheduled public hearing and/or scheduled Planning Hoard meeting). Failure to provide written comments by this date will constitute your approval of this plan, Thank you. 1600 Osgood Sireel,North Andover,B1dg.20,Suite 2-36 Planning 0ept.,Mossachusetts 01845 Phone 978.688.9535 Fox 918.688.9542 Web www.lownolnorthandoyer.conl Edited 09/27/2010 V E Form L SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT Departmental referral Form L with signature of department acknowledging receipt, TO: Director, DPW _ Town Engineer, DPW + Water& Sewel•Department, DPW &A,..ri i��•-��ti Water Treatment Department , �_ `�C : ,1 r-- Fire Chief Conservation Administrator inspector of Buildings Health Administrator School Department Police Department George Haseltine FROM: Applicant May 6, 2011 Date: X Re: Preliminary flan Definitive Subdivision Modification to a Subdivision Special Permit Site Plan Review 2009 Salem Street, North Andover, Massachusetts 01845 Address of Development: A Public Healing has been scheduled for the following date: June 21, 2011 Please provide your written comments to the Planning Department by the following date: June 15, 2011 (The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeling). Failure to provide written comments by this date will constitute your approval of this plan. Thank you, 1600 Osgood Streel,North Andover,81dg.20,Suite 2-36 Play€ping Depl.,hlossachusells 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.town0siorthandover.coni Edited 09/27/2010 a the Subdivision of Land Requested Waivers from the "Planning Board Rules and Regulations Governing tts e ," dated November 2000 and amended through December 2002 in North Andover,Massachuse the applicant requests the -following arairerr Pursuant to Sections 2.7.2, 2.7.3 and 2.7.44 of the aforesaid Rules and Regulations, from the Board's specific rules and regulations,submission requirements and/or development standards: Section !Application Requeste_d Waiver Waiver from the required submittals, to the extent the sae -a le Procedure tent with the Board's "Application for Preliminary Subdivision the instructions accompanying the same and/or Board practices Waiver from the specifications for construction referenced in 6.4 Construction Specifications I through N of the aforesaid Rules and Regulations, to the ext not applicable to the subdivision as designed n Procedures Waiver from the procedures applicable to road-way construction 6.5 General Constructio Waiver from the requirement that street numbers be assigned by the De- 6.7.5 Street Numbers partment of Public Works, provided that the same shall be provided with the Applicant's submittal of a definitive plan Waiver from the designs standards applicable to local, collector and arterial 6.8 Streets: Design Standards streets 6.9 Curbing Waiver from the requirement that curbing be installed along roadways Waivez from the requirement that sidewalks be constructed along local, 6.11 Sidewalks collector and arterial street Waiver from the requirement that an alternative water supply be proposed 6.15.5 Municipal Water Supply Not Available for fire protection, that provided at both homes shall be equipped arith sprinU- er systemspurpose Waiver from the requirement that street trees or other plantings be in- 6.18 Trees and Other Plantings seed Waiver from the requitement that street signs be installed at specified loca- 6.20 Street Signs lions 6.21 Street Lighting Waiver from the requirement that provision be made for street lighting The Applicant hereby reserves its right to request further waivers as may be necessary or desirable in connection with its submittal of a definitive plan for Board review and approval. BOOK I, Robert 1i. Perron 1CK Issax Cmnty.Mauachutehs. ?J1Qi Of Mort)& Andover, ir7s ■.. i■�r oonsldetttf°°�d.b�anllb Ouy i(. giuhnrd• ,nd Carothe nd h. a not 4 7 2 husband and wife, ar point tonants and not ar tenants by the entirety + as tenants in oom■wn with tptilrlslrt CtRMraastLe of I[Orth Andover tb*IWJS with the buildings thereon and tedasorib+d (p tt in North l Awal County of P4safx, t-c%;t s.r) Andover*rsr, in the beginning at the 9outhraat,rly corner by the County Mond leading frog Viddleton to Andorsrl thenoe running Southwesterly, shout Shrea hundred nineteen (119) to at as the wall stands to ■ oornor in Maid wall; thenoo runnin6 Southerly a■, the wall stands, about three hundred nin+Ly-aiY E3s6) feet to a ocrnor in said wolfs Rhone runnins 60 (7 ) feet Southwesterly as eh• *011aatpZds2*njbothenos running even ed end silty La a oornor in said wall, by landlorthesly as the wall stands by land of H•n, about throe hundred end txonty- six (3gor feet to a stone bound pnstf thonor running ht lorthoastorly by lend now or formerly of Yitsball, Mill Nout rtheatsrly by land fifty (850) feet to a ■tone bound pasta tbenoe running ill or formerly of said Kiabal to said road] thence now l, about firs hundred (540) running said road, about two hundred ekghty-Wsix (286) root to the Sout by y point of bositinint. Containing about 10 sores, and being shown on plan January 31,of land in 1[orkh92$d and rre— as J. Kimball by Shea and Shea, C. lot dated 1929 with ease= *Orth Dirtriot Registry of D+sd•, oorded Dso+rtber 23, i rsllaLier, Jr. to Hobert Roforsnoe to Title$ Deed of rMana J. W. Perron, et ttx, Hook 886, rage 87, and r000rdod with forth District &sae: P;+gi■try of A+ed•+ Doing the sa=a promises oonrerad to Ste by dead of Eileen Lambert, formerly $iSaea Perron, dated Uaroh 30, 1965 and re oorded in the North 8asrx Registry of Deeds, Hook 103t, raga 359• 7Mttf1[ of. 1.. .11otsA�+....?$........... 19.bS�.., stetthis..................•.•.•..'^� 1....F I3r'9,'•Fcdet'ai"Fits'cttae.'fikamM".................. ,..,.,...,.,..... .....,...,..,,..........,.,. In sum of S -;....................... oJCfzo�"eri�"cuiicc�{�erf"Su . . ........ ................... .. .........«............................................... ............... ............. .. ' �ffr �otamattwntftq of llEtuuaugareiiM Neoax, u Yaroh 28, 19 66 Tbm pMWftf gpcucd the abase named Robert V. Perron and sdmo-rtedged the fotregeing iwtnunent to be hi a free sct and deed,Wo re me .... �"tI �lj(M/�JEI>if7rfifilio Ltl„r IM�NitAin F' 91U >ti<u.,,,.,r.. • February 2, of 73 ' Mssex,ss. Uscordad Mr. 28, 1966 at 250 past 1p.1l. #714 s