HomeMy WebLinkAbout2008-07-08 Decision & Application Preliminary Subdivision Town of North Andover n� ORTy R
Office of the Planning De
ED
Community Development and S�IM�ie:9if�s�di>E= b ~
1600 Osgood Street
North Andover,MassachusMOA& 18 P11 `: 2 ��SsgcHu �5
hUp://www.tohmofnorH-tandover.com
E;i- P (978)688.9535
1 S S! F (978)688-9542
NOTICE OF DECISION Bldg. / ZBA
July 8,2008 Con/Com Health
i
Fire Chief Police Chief
Forgetta Development,LLC Town Clerk DPW/Engineers
P.O.Boa 278 Surrounding Towns
North Andover,MA 01845
Preliminary Plan Denial
Upon a motion by Richard Rowen,2"'by Jennifer Kusek,the Planning Board herein denies the Preliminary Subdivision
application for Forgetta Development,LLC,North Andover,MA 01845;for premises located at: Endicott Plaza,
1210 Osgood Street,North Andover,MA 01845 of a Preliminary Subdivision consisting of 13.8 acres located within the
B-2 zoning district.
Public hearings were held on June 3,2008,&July 1,2008& July 15,2008.
Findings of Fact
The Planning Board makes the following findings relative to this proposed preliminary subdivision plan:
+ The Preliminary Plan does not adhere to all of the submission filing fee standards indicated in Section 4 of the Town of
North Andover Massachusetts Rules and Regulation Governing the Subdivision of Land in North Andover,
Massachusetts,and amended December 2002:
1) Section 4.2.3(b)Failure to pay fees: Project Review Fees:
Failure to pay fee at the time of submission of the plan will result in the plan being denied. Although the
applicant submitted a check for a project review fee for an outside consultant agreement the applicant failed to
fill out the necessary out side consultant agreement application,therefore,the fee could not be processed and sent
to the Town's Treasurer's Department.
2) General design issues: Failure to identify sight distances for the proposed roadway profile,not identifying
whether utilities will be placed underground as required,plan showing an area of slopes exceeding 25%(4:1)
over ten feet horizontally that are being disturbed in the area of the detention basin,and general design of storm
water management.
As the applicant has failed to follow all the required procedures and provide information required by the Rules and
Regulations as demonstrated in the Findings of Fact,the Planning Board herein DENIES this application for a
preliminary subdivision.plan.
The following plans are Included as part of this decision;
Plan Titled: Preliminary Subdivision Plan,Endicott Plaza,North Andover,Massachusetts
Owned By: Forgetta Development,LLC,P.O.Box 278,North Andover,MA 01845
Scale: 1"=600'
Prepared by: Marchionda&Associates,L.P.,62 Montvale Avenue, Suite 1,Stoneham,MA 02180
Dated: 5/2/08&6/3/08
Curt Bellavance,Director
On behalf of the Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
M a rer-,M o n d a
Engineering and
Planning Consulhaut.s
REC EIVED
MAY 5 2008'
May 5, 2008 NORTH ANDOVER
PLANNING DEPARTMENT
Town of North Andover Planning Board
c/o Mr. Lincoln Daly, Town Planner
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
RE: Preliminary Subdivision Plan,Endicott Plaza, 1210 Osgood Street
BY HAND
Dear Mr. Daly:
On behalf of Forgetta Development, LLC we are hereby submitting a preliminary
subdivision plan for a 13,79 acre parcel located at 1210 Osgood Street.Enclosed for your
use are 3 copies of the Application (Form B), 9 copies of the subdivision plans, and the
applicable filing fees.
Appropriate,submissions have also been made to the Town Clerk, Board of Health and all
other town departments as enumerated on Form L.
Please do not hesitate to call if you have any questions.
Sincerely,
Mar &Associates, L.P.
John A. Barrows, E
Project Manager
Cc. North Andover Town Departments
62 Montvale Avenue -Col: (701)430.6121
Suite I Fax: (All) 438-9654 website: http://www.inarciiionda-com
Stoneham,MA 021 DO Email: aiall@rnaroldondaxoni
Marchlonda
At"ooiates, UP,
f
l E ncgheoring and
�'Eunnirtg Ccarr�r�itEjrtt�;
May 5, 2008
North Andover Board of Health
120 Main Street
North Andover, MA 01845
RE: Preliminary Subdivision Plan, Endicott Plaza, 1210 Osgood Street
BY HAND
Dear Commissioners:
On behalf of Forgetta Development, LLC we are hereby submitting a preliminary
subdivision plan for a 13.79 acre parcel located at 1210 Osgood Street,
Please do not hesitate to call if you have any questions.
Since ly,
M tchi nda& Associates, L.P.
i
P A Marchionda, PE
President
iz lwonivaie Avenue i'el:�raaj aaas�zi � _
Suite 1 FHX: (781) 43B-9654
Stoneham, MA 02180 Email: mail c�niarelilorida.corn weuslte; triip:l/wwbv.rnarchionda,com
r c h'm(o n d;eiI
64 Associates, L.R
E'ngineoring and
May 5, 2008
Ms. Joyce Bradshaw, Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 0 184 5
RE: Preliminary Subdivision Plan, Endicott Plaza, 1210 Osgood Street
BY HAND
Dear Ms. Bradshaw:
On behalf of Forgetta Development, LLC we are hereby submitting a preliminary
subdivision plan for a 13.79 acre parcel located at 1210 Osgood Street. Submissions
have also been made to the Board of Health and all other town departments as
enumerated on Form L.
Please do not hesitate to call if you have any questions.
Si tcqe I
, Y,
Marc llionda& Associates, L.P.
Paul A Ma chionda,PE
President
62 Montvale Avenue Tel: (7131) 438-6,121
Suite I Fax: (781)430-9654 wobsite: http://www.marchlotida.cotyi
Stoneham,MA 02180 Emalk mallob marchlonda.coin
I
I
Preliminary Subdivision (Plan
Application
ENDICOTT PLAZA
Osgood Street
North Andover, Massachusetts
Prepared for;
. Forgetta Development L.L.C.
P.O. Box 278
North Andover, MA 01845
Prepared by:
MARCHIONDA & ASSOCIATES, L.P.
62 MONTVALE AVE. - SUITE I
STONEHAM, MA 02180
May 2, 2008
J
TABLE OF CONTENTS
■ FORM " B "
■ CERTIFIED ABUTTERS LIST
. DEED
■ ENGINEERING SUMMARY
■ FILING FEES
■ DEPARTMENT ACKNOWLEDGEMENT OF RECIEPT OF PLANS
W/ FORM " L "
E
E
E
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FORME 2690 MA Y Ai"I 10- 39
APPLICATION FOR PRELIMINARY SUBDIVI91ON APPROVAL
DATE: 44 Z 00
(Stamp two (2) forms with the Town Clerk, File one (1) form with the Town Clerk and one (1}form with the
Planning Board)
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
ii application for
`approval to the North Andover Planning Board.
1. Name of Applicant: Fmk , `t�(k 1J V�L� t ��^ LL
Address: 2-IS , V.)e
Signature of Applicant , �
17
2, Name of Subdivision: 11-Y1 k\ Loll 1 .
3. Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)]:-
t (xv to Q s t
Q s S k T-`[e VLS C).C 1r u'&S iV
SeP CLS 5S�, F �$ 3 1` cvC-ek A-9 , -
4. Address of Property Being Affected: 2 `1 0 sk
Zoning
District: %U s 1 N e e's Z
Assessors: Map Lot# —A-Ci
5. Deed Reference: Book (10 Page .2 l and
Certificate of Title No.
E
tH 0
BA
4 n.q-?
6. Name of Surveyor[Ei
Address: 6-L SNOC&j fl KQ-(:- C,
7. Signature of Owner(s) eu......
Address:?g
0 OF
STEMM.
MELESCIUC
No.39049
Received: Town of North Andover Town Clerk(date stamp): A
qNp
Signature of Town Official receiving this application: U
`1/104:
E
i
Abutter to Abutter( ) Building Dept. ( ) Conservation ( } Zoning ( }
RE Ui6 iREMEAT: MGL40A.Sectlon 11 states In pad ladies In Intere64 as used in this chapter shall mean 0e petitioner,
abutters,own era of land directlyopposdeon any public or private way,and abutters to abetters within
three hundred(300)teet of the property Ih)e of the petitioner as they appear oa the most recent applleabia
tax list,not wbhstandtag that the land of any such owner Is totaled in another city or town,the pianning
board of the city or town,and the p4anning board of every abutting cityortown."
Sublect Pronerty:
MAP PARCEL Name Address
34 49 Forgetta Development,LLC 1049 Turnpike Street North Andover,MA 01845
Abutfers Properties
Map Parcel Name Address
34 12 Elizabeth Barker 1267 Osgood Street North Andover,MA 01845
34 13 Arthur Forgetta 3 Trinity Court North Andover,MA 01845
34 24 Lawrence City Airport 492 Sutton Street North Andover,MA 01845
34 43 Forgetta Realty Trust 1292 Osgood Street North Andover,MA 01845
34 53 Arthur Forgetta 3 Trinity Court North Andover,MA 01845
35 2 David Yue PO Box 457 North Andover,MA 01845
35 7 Kenneth Haphey 1159 Osgood Street North Andover,MA 01845
35 8 1211 Osgood Street,LLC 61 Brentwood Circle North Andover,MA 01845
35 10 Wen Jing Huang 1250 Osgood Street North Andover,MA 01845
35 14 The Goggin Company 22 Free Street,Ste.300 Portland,ME 04101
35 96 Christopher Maher 7 French Farm Rd North Andover,MA 01845
35 97 Paul Aceto 11 Old Farm Road North Andover,MA 01845
Dale 4130i2008
This certifies that the names appearing on the Page ' of '
records of the Assessors Office as of
Certified by: Date L1,30-
r
QUTTCLMM DEED
ELIGIO FORGETTA, ESTHER FORGETTA, and ANTHONY FORGETTA, JR.
TRUSTEES OF FORGETTA FAMILY TRUST, under Declaration of Trust dated April 16,
1985 and recorded in Book 1965 Page 125 with Essex North District Registry of Deeds, of 1210
Osgood Street, North Andover, Massachusetts. For consideration paid of Two Million, Eight
Hundred Thousand ($2,800,000.00) Dollars, grant to FORGETTA DEVELOPMENT LLC, of
1049 Turnpike Street, North Andover, MA 01845
WITH QUITCLAIM COVENANTS,
Parcel one NOV 21101 ANT04
The land with the buildings thereon situated in North Andover in the county of Essex,bounded and
described as follows:
Beginning at the northeasterly comer thereof on Osgood Street at land now or once of Leon H. Bassett
and running thence southerly by said road to land now or once of Antonio Forgetta;thence running in a
westerly direction 540 feet, more or less by said land of Forgetta to a point in a stone wall;thence in the
same direction across said stone wall 270 feet more or less,by said Iand of Forgetta to a monument in a
second stone wall now or once of Stanley Stefanowich; thence running in a northerly direction by land
now or once of Hackett and of French to a stake and stones at land now or once of James A, Montgomery
thence easterly by said land of Montgomery 16 rods;thence southerly four rods,more or less,thence
easterly 10 rods,more or less,to land now or once of Bassett,thence southerly on said Bassett land about
10 rods;thence easterly by land of said Bassett to said Osgood Street to the point of beginning.
Excepting Lot B on Plan 11303 conveyed to Arthur H. Forgetta by deed dated June 23, 1989 recorded at �
Book 2954 Page 250.
Parcel 2
j Beginning at a stone bound at land of Stanley Stefanovich;thence running in a northerly direction on the `
!Westerly side of Osgood Street nine hundred feet(900)to a stake at other land of Walter H. Hayes;
thcnce running in a westerly direction five hundred forty(540)feet more or less to a point in a stone
`wall;thence in the same direction across said stone wall two hundred seventy(270)feet to a monument
in a second stone wall at land of said Stanley Stefanovich;thence turning and running in a southeasterly 51
!direction by said stone wall seven hundred twenty seven(727)feet more or less to a bound by land of
said Stanley Stefanovich;thence in an easterly direction still by land of said Stanley Stefanovich;thence
;in an easterly direction still by land of said Stanley Stefanovich formerly of Walter H. Hayes two $�
hundred ten(210)feet to floc point of beginning. Said premises containing 9 %acres more or less
The deeds of Pasqualine Forgetta dated April 16, 1985 and recorded at Essex Registry of Deeds
;Book 1965, Page 133 & 134 rroncously conveyed the premises to the Forgetta.Fancily Trust. More
properly,the premises should have been conveyed to Eligio Forgetta,Natalie Forgetta&Esther Forgetta,
Trustees of the Forgetta Family Trust,Natalie Forgetta died *t2001 in Methuen Massachusetts. See
!Death Certificate attached hereto, .
Joseph V. Mahon(jy
127 TurnPik-e Street
No.Andovar,
� 1
Being a portion of the same premises conveyed to it by deed of Pasq dine Forgetta dated April
16, 1985 and recorded at Essex Registry of Deeds Book 1965, Page 34,
tress our hands and seal this 19th day of November, 2001
t
EL 10 FORGETTA, Trustee
ESTHER FO ETTA, Trustee
�F �-F�A� JRANTHON stee
The Commonwealth of Massachusetts
Essex, November 19, 2001
Then personally appeared before me the above named Eligio Forgetta, Esther Forgetta and
Anthony Forgetta, Jr. and acknowledged the foreialy
trument t8 be their free act and deed
before me,
Jame Jr.
F:1OldDatalClientslForgettalquitclaim deed.wpd My commission expires; 2/5/04
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ENGINEERING SUMMARY
{
Storm Water_Management
The proposed storm water management system was designed in accordance
with the nine (9) standards described in the DEP policy. The Project will meet
these nine (9) standards and, in turn, satisfy regulatory requirements set forth
by DEP under the Massachusetts Wetland Protection Act and state Clean Water
Act as well as the North Andover Wetland Protection By-Law. Each of the
standards are discussed briefly below. Detailed drainage calculations and
construction details will be submitted as part of a Definitive Subdivision Plan
Submission.
In order to mitigate potential increases in peak rates of runoff resulting from the
proposed roadway and an increase in impervious groundcover, a storm water
management system has been designed to collect, detain and infiltrate runoff
generated from the roadway. Runoff generated from the future development of
the individual lots is not considered in the storm water management system.
Runoff generated from the lot development will be mitigated through systems
designed specific to the flows generated by those sites. Site plan approval of the
individual lots will be sought at a later date.
Outflow from the basin is to be controlled by a standpipe outlet structure which
is designed to reduce peak outflows for each of the design storms. A small
portion of the outflow of the storm water detention area will be routed to a
infiltration system. This system will recharge the volume of storm water required
to meet Standard 3.
Standard #1 — Untreated Storm Water
No new storm water conveyances (e.g. outfalls) of untreated storm water are
being discharged directly to or causing erosion of wetlands or waters of the
Commonwealth.
Standard #2 -- Post Development Peak Discharge Rates
The system has been designed so that post-development peak discharge rates
do not exceed pre-development peak discharge rates.
Pre versus Post Development Peak Discharge Rates
Model 2 yr- 10 yr- 100,yr-
Parameter storm storm storm
Pre-
Development 19 cfs 35 cfs 56 cfs
Post-
Development 19 cfs 33 cfs 54 cfs
Standard #3 — Recharge to Groundwater
Loss of annual recharge to groundwater has been minimized through the use of
infiltration measures to the maximum extent practicable. The annual recharge
from the post-development condition mimics the annual recharge from the pre-
development condition based on specific soil types.
Standard #4 — Removal of 80% TSS
The storm water management system has been designed to remove 80% of the
average annual load (post development conditions) of Total Suspended Soils
(TSS).
Standard #5 — Land Uses with Higher Potential Pollutant loads
The proposed roadway is not considered a land use with a higher potential
pollutant load. Future lot development may include commercial parking lots
which may be identified as a land use with a higher potential pollutant load.
Standard #6 — Critical Areas
This standard is not applicable.
Standard #7 — Redevelopment
The standard is not applicable,
Standard #8 — Erosion and Sediment Controls
The following erosion and sediment controls will be implemented to prevent
impacts during construction or land disturbance activities,
• Hay bale barriers;
• Silt fence and hay bale barriers;
• Catch basin protection;
• Temporary sediment basins;
• Vegetative slope stabilization
i
} Standard #9 -- Operation and Maintenance Plan
The "Operation and Maintenance Plan" which follows has been developed prior
to construction in order to ensure that the system functions as designed over the
long term. A brief summary of the specific BMP's to be implemented at the site
are as follows:
Responsible Party
Forgetta Development, LLC
1049 Turnpike Street
North Andover, MA 01845
Non-Structural Methods
Site layout— A 50-foot No-construction Zone and 25-foot No-Disturbance Zone
from the edge of delineated wetlands have been met per the North Andover
Wetlands Protection ByLaw.
Source Control-- A comprehensive source control program will be implemented
at the site which includes regular pavement sweeping (at least four times per
year), catch basin cleaning, restrictions on the use of pesticides, fertilizers, salt
and other deicing agents, and enclosure and maintenance of dumpster and
compactor areas.
Structural Methods
Hooded Outlet Catch Basins-- Catch basins at the site are to be constructed with
deep sumps and hooded outlets to trap debris, sediments and floating
contaminants. All catch basins will be cleaned four times annually to remove
accumulated sand, sediment and floatable product, All sediments and
hydrocarbons will be properly handled and disposed, in accordance with local,
state and federal guidelines and regulations. The inlets will be cleaned a
minimum of four times per year and inspected monthly.
StormwaterBasins- The basin is designed with easy access for maintenance and
cleaning and they will be inspected once annually, in the spring, for cracking or
erosion of side-slope embankments and accumulated sediment. Necessary
sediment removal will be performed with the use of a clamsheil, small excavator,
manually with a shovel and bucket and/or with a vacuum truck depending on the
volume of material encountered followed immediately by earth repair and/or re-
seeding. Over the long term, sediment removal will occur every 5 years. The
outlet structure shall be inspected for evidence of clogging or outflow release
velocities that are greater than design flow. The upper stage, side slopes,
embankment, and emergency spillway shall be mowed at least twice per year.
Water Quality Inlets and Infiltration System— Other than inlet locations, the
infiltration system should be maintenance free as only clean rooftop runoff is
being diverted towards it. Water quality inlets will be cleared of accumulated
sediment, leaves and debris at each regular inspection, and more frequently as
needed. The inlet and outlet pipes will also be checked for clogging.
Wastewater
Waste water generated from the future development of the lots will be
accommodated by individual on-site subsurface sanitary septic disposal systems.
These systems will be designed to meet the demands of the specific
developments and meet the requirements of the Massachusetts State Code
"•Title V".
Water Suauly
An 8" D.I.C,L. water main is proposed for the project. This mail will connect to
an existing 12" water main in Osgood Street, The water connection should
provide sufficient water supply and pressure to meet the domestic and fire flow
demands of the future development of the site,
Site Cut & Fill Operations
The Roadway has been designed to meet the design standards set forth in the
Town of North Andover Subdivsion Rules and Regulations. Due to the existing
topography of the site the construction of the subdivision roadway will require a
net import of soil. Based on the proposed grading depicted on the site plans it is
estimated that approximately 11,500 cubic yards of soil will be required to be
imported to construct the roadway and storm water detention area. The volume
of earth work required for the future development of individual lots has not been
considered in this figure
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FILING FEES
BASE FILING FEE _ $275 + $70 / LOT = $485
PROJECT REVIEW FEE _ $2000
t s1t`:iar.
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Er -r!I ltetil .lr;1_ai�.rs1'ib•
Forin L
Departmental Referral Form With Signature of Departments Acknowledging Receipt
To: Director,Engineering,Jack Sulli
Fire Chief,William Do
V Interim Conservation Administrator;*im sl &'l"d
Building Commissioner, ..
/Healkh Administrator,Susa awyer
School Committee
Police Department
From; Applicant: FQ v,
Date: St 2-00 b
Re: —X—Preliminary Plan
j Definitive Subdivision
Modification to a Subdivision
Special Permit
Site Plan Review
Address/Development; c a �
A Public Hearing has been scheduled for 3 �$ to discuss the plans checked above.
Please provide your written comments to the Planning Department by 7'7
(The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting.)
Failure to provide written comments by this date will constitute your approval of this plan,
Thank You,