HomeMy WebLinkAbout2009-10-06 Recorded Decision DEF SUB ffif
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' Jan, 24. 2011 11 51AM tjostrh No, 1817 K 1
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$ Pw 297 014567
RECEWED
TOWN CLERK'$ OFFICE
2009OCT -7 PM 31 3
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TOWN OF
PLA1�I�IINGDXIPARTMENr `
MASSAC"11USETT5
Community development division
1 01 Osgood Street
North Andover,Massachuietts,01845 haveleta�d{ �
• ry'hat twOty t20)d
)Decision—Dallnitivo Subdivision Plt:n without AI�O orran date°► bri„tliacf
Date „x
Any Appeal shall be filed do 0Ctx k
within(20)days after%be
date of BURR this notice I'
the olftce offhe Town Clerk,
pate: Ootober 6,2009
bate of ffearine: July 21,2009,September M,
2009 and Octobor 6,2009
Ante ofbeelsioas Ootobor 6,2009
Petition of: William&Lynne Gillen
54 Spring Hill p,oad
� • North Andover,MA 01845
Premises Affected-, Kelsey Lane,off molky Towvno Road North Andover,MIA,AeyuBsers Map
107A,Parcel 234, ,
Referring to the above petition for Approval of a Definitive Subdivision.plan according to the requirement$
of'the North Andover Subdivisdon Rules and Regalatfnns Secaci 5.6 Daoiaion: '
So 88 to const{uet a throalot subdivision, irtoluding kaving existing house an existing lot, two now
drIVOW iys, the atataEllations of atormwittor manngemr nt inffastructu% the Installation of underground
uplltios,corutootions to existing water'and sewer stirvice and substantial-grading in the It 2 Zoning Distriot.
After a public hearing given an the above dates,and upon a motion by R►ohard Rowon and 2'd by Michwl
Walsh 10 APMVE the Application for a Detinli>'vtti Subdivision Plan as amended snd based,upon the
following Conditions.A vote of 5-0 was mado is favor of the applies ion,
Ph behalf of the NofAndover Planning Board
70ha Simons,Clair
Richard Rowan
Michael Walsh
Timothy Seibert ,
Courtney LaVolpioelo
'Me Planning Board heroin APPROVES the Application for a Definitive Subdivision to create thrna,.lnts,
inoluding Lot i with 14 4,3 34 sq,ft.,Lot 2 with 64,192 sq.it,,and Lot 3 with 46,852 sq.A. ft should be rioted.
that Lot 1 Captains the existing dwolling unit with addross of 54 Spring Hill Road, 'lh9 projr�t'is located at
ATTZ".
1 ' •A True GOY
"`Gown Cleric
Bk 12528 Pg298 #14567
Ja>3. 24, 2011 1 i; 2AM No. 1817 P. 2
Kelsey Lane Subdivision,offMolly Towne road '
Map 147A,Parce1234
Off MOW TnwM6 Road,•between Spring Hill Road and Molly Towne Road in North Apdo'ver,Massachusetts,
01845,Map 107A,Parcel 234 in the Residential 2(R 2)Zoning District,The application was filed with the
'Planning Board on July 1,2009. Tho pubho hearing on the above refeinnced application was opened on July
21,2009,and closed by the Forth Andover planning Board on WOW 6,2009. Tha applicant submitted a
comploto application,which was rrotioed arld reviewed in accordance with Section rV of the Town of North
Rules and Regulations Governing the Subdivision of band. The applicant also submitted a request for
Continuance on August 19,2009,
The Planning Board makes the following findings as required by aeotlon 5.6 of tho North Andover Rtulcs
and Regulations Govcmfng the Subdivision of Land:
Fi[MDINGS OF V ACTi
Ia accordance with Stotiorr 5.6 of the North Andover 4011ing Rules and itogulations Governing the
Subdivision of Land,the Planning 13011rd makes the following findings,-
A. The Subdivislon proof Plan, dated May 19 and last revised Septernbar 15, 200, and the
Def`nnitive Subdivision plan dated!May 19,2009 and last revised Saptembor 14,2009 aro both
substantially complete and technic'
ally adequate,accept as amended horeln:
B. Tho Subdivision Proof Plan and the Definitive Plan both shore a Lot layout shoot(Shoot 2 of
5)that depicts the creation of three.lots with the following area and frontage:Lot 1. 144,344
sq. ft. and 150.20 t, of frontage am Spring 1•Iill Road;Ut 2, 64,192 sq,ft, and 196.8 ft.of
frontage on Kelsey Lane;Lot 3,46,852 sq.ft,and 153.58 it. of frontage on Koh y X+ane. 'nne
Plan thus conforms to all applloable zoning requimmonts,
• C. The Phinning Board rinds that the prOpposcd Xlofluitive-Subdivislon Plan showing the creation
Of two driveways,off the existing Right-of-Way,for Lots 2 and 3 is lass intrusive Ihan that of
a convontiorW subdivision road and that the design is more in keeping with the oharactcr of
the rllsighborhood. The appliW*has provided a Subdivision Pr*pof PI$n with a conventional
subdivision road that would have been more intrusive and would havo had mooh greater
impaot on the natural topography and site features of the neighborhood and the surrounding
environment.
0. The proposed driveway layout provides for adequate asoass to the two now lots off molly
Towne Pwad that wil I be safb and Convenient for travel.
). The roadway layout and storrnwater management systems as depioted in Sheet 4 of S(Site
Grading Flan Within definitive Subdivision Plarr)has boon found to provide a design that is
compatible with the sunouri ft'neighborhood, that ,provides for adaquate drainage and
storrnwator management,
R7. The Definitivo Plan has been prepared to Jossen congestion in such.ways and In the adjacent
.public ways.
tt. The roadway dopicted on the lDofinitivo Plan reduoes danger to life.acid limb in the operation
of motor vohioies.,
Z;• The Aefztitivo Plan secures safety in the case of fire, flood, parnlo and other emerrgonoles,
The now roadway will provide adequate access for emergency situadow,
R. The Definitive Plan secures adequate provisions for water,sewerago,drainage,underground
utility services, fire; polico and other similar municipal equipment, and street lighting And
other requirements whore necessary in a subdivision,
L The Definitive-Plan has been reviewed by the Department of Public 'Works, and the Fire
R3epartment and-has been found to be acceptable.
The N lnitive Plan conforms to the design and construotlon standarris described in these'
Rules and Regulations,with the exooptioTns of waivers granted in Condition 2,
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Bk 1.2528 Pg299 #14567
Jan, 24, 2011 11.52AM lio, 1817 P. 3
' Katsoy,Lane Subd(vlslon,off Molly T0wn6)t0W
Mafia 107A,parcel214
Upon reaching the above findings,the Planning Board apptnves this Sperlai.Permit based upon the following
SPit; UL COND1710]VSt
1) Pormit Definitions:
A) The"Locus"refers to the approximately 5,7 acre parcel of lej ad with land fronting on Spring Hill
road and ott Molly Towne Read as shown on a portion of Assosso►*s Map 107A,1'ercel 234,and
8100 known as 54 Spring bill 'toad.,North Andover,Massaahuaeits.
B) The"plans"refer to the plans prepared by Cl dadansen&Sergi 160 Summer St.,Haverhill,MA
01830 dated May 19, 2009, revised to August 11, 2009, August;21, 2009, August 24, 2009,
September 14, 2009 and September 15, 2009 consisting of Sheets 1 - 5, titled Tof7aitive
Subdivision Plan for Kelsey Vane"and"Subdivision Proof No for Kelsey]acne;located in North
Andover,Mass,rocaz+d-owner and applloant'William and l ynne Gillen,54 Spting Hlll koad,North
An&ovdr,MA 01845,
C) The"Project"or"Kelsey Let10"refers to the construction of a throe-lot subdivision, including a
lot containing an existing dwelling writ, two new driveways, the installations of stormwater
management infrashuetnre,the installation of underground utilities,eonneotloas to existing water
and sower service and grading in the R 2 Zoning District
b) The"Applicant"refer-s toVilliam and Lynne Gillen,the applicant for the Ddnitive:Subdivision
Platt Approval.
E) The"p460t Owrtor"refers to the parson or entity holding the fec interest to the title to the Locus
from time to time,which cart include but is not limited to the applicant,developer,and ownay,
2) The roadwaay,.udlities and stormwatcr roan
with the faltocvin waiveus agement Systems will be cottstnrcted according to the plans,
g granted by the Torun of Nash Andover Planning Board, according to the
Provisions of the Town of North Andover)Uas and Regulatlotis Governing the Subdivision of Land.
'Xlratse waivers aro hereby granted in oa eWeration of the fact that the design of the roadway was chengad
from that of a conventional subdivision road to the loss inh-NIVo roadway design as presented on the
approved Definitive Subdivislon Plan
• Seotion,641 Fable l A.Minhnum pavement width for a local rosidenrlal street is 26 ft,Two 12'
wide driveways are proposed,
• Section 6.8.1 Table IA,. Minimum interseotion cruner curb radius is 40 ft,5 it.radius at tiro
driveways Is proposed,
• Section 6.8.1 T616 IA A 50 ft,vertical curve is proposed,instead of the required 100 ft.
• Section 6.8.1 Table IA.No cul-de-sQo is proposed.
+ Seatio>t 6,9,No cultbing is proposed.
+ Section 6.11.No didowalkai are proposed.
• Section 6,151 Na fire hydrants are proposed. There is a fire hydrant within 200 ft.oflhe outrent
driveway-entrance to 166 Salem St,
+ Section 6.18.1. No street trees are proposed,
+ Section 6,21.No&cot lighting is proposed,
d Appendix 1, "Driveway"construction will consist of an 8'gravel base,topped by a 2'A,binder
course, no requirement is for 12'gravel base,with a 4'sub-baso of crushed stork*,a 4'binder
course and 1'/'top course.
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Bk 12528 Pg300 #14567
Jan. 24, 2411 11:52AM No, 1917 P. 4
' Ke19ey Lane Subdivision,offMolty TownoRoad
Map 107A,!?areal 234
The following waivats have bean granted for the Subdivision Proof Plays:
• Section 5.2,5,2,11, kequlres proposed houses and grading be on lot layout shoot, All proposed
houses anti grading to be shown on sheet 4_Situ Grading Plan.
• Section 6,8.9.ltoquires flat gade for.the first 1061},Of roadway. A waiver is requeskd for a steeper
grade to e000mmodate site corulipons,
The Board de0ms that each of the foregoing waivers is in the public intet+osk and oansJstent with rho intent and purpose of Ste Subdivision Control UW and the Rules and
granted, Regulations and.aueh waives are hereby
✓ 3) Tha rain'gardens win be,maintained by a homeowners assooiation, with tha terms of o,cynerghip end
C7 maintanmoo to be documented in the raspactivo deeds for each lot in the subdivision,
i
4) All existing trees that are noted on the plan to remain will be maintained in PupetuIty,
S) The I'owrs Planner slur!l approve any changes made to those plans. Arty ohanges deemed substantial
by the Town-Planner would traquke a public heat;Jng,>rq.modiiIcation by the planning Board,
6) In consideration of the approval of the Plan,there is to be uo further division yr subdivision of a part
or portion of the p=pl, This rtsstriotion is to be documented in the respoctive deeds for each lot in
the subdivision,
PRIOR TO F MORUMNW OP'TM PLAN
1) Prior to Mdorsement of the plans by the Planning Board the applicant shall adhere to the
/following:
�/s. A 1 Covenant(PURM l]AcurIAB IS All lots wi
thin the subdivision for the conshvctian of ways and municipal services must be submitted to the Planning Board,Said lot$may be releasod A=the
co'�enant upon pastiog of secutity es Mquh;d In Csmdition 5 tender VIUOR TO START CW
' CONS�"R�CTXQN'.
b, A Site Opening Bond in tho amount of one thousand ($1,000) doHars 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 are int+arest bearing escrow aaCotint,
C A ,rotation must be placed on the plan rsoting that the dr'lveWays w111 be considered private
driveways,not a publto road,
Z'71ad d. Deed restrictions must be placed on hots 2 and 3 regarding tlsc foot that the private drivovvr�ys
Pt; � w3l!never be maintained by the Town and that will never be Moapted as a public road; ,
e. Deod restrietiew must be pieced on an lots regarding thra'i4lrthor Wbdlvlsion of tho lots,as noted
In Special Condidoo 06, ,
P0.3i� f, Basement dooumerds and maintenonoo agreements concerning the private driveway must be
submitted and roviowed and approved by Town Counsel.
The applicant must submit to the Town, Plw m" a IIrORM M for all utilities turd easements
Pfr3d� placed on the subdivision,
h. Ali drainage, water and sewage faoilities designs shall ba approved by the North Andover
Divlslon of ublio Works.
i. The location of all test pits should be noted on the playa,deononstretlug that a minimum of 2 foot
Of so)Is exist betwm the bottom of the rain.gardans and the maximum!Sigh groundwater tablo,
as required by the Town of North Andover Subdivision Regulatir7ns,Appendix'V,Suction 5,o.
Bk 12528 Pg301 #14567
Jan, 24. 2011 11;53AM No. 181] F 5
Kelsey bane SubdivJaiox,otfMolly Towne)toad,
Map 107A,Parcol 234
J• The applicamt must meet with the Town Planner in order to ensure that the plans conform to the
Board's dsoision.These plans must bb submitted within bluely(90)days of filing the deolsion
with the Town Clerk,
A , The Subdivision Decision for this projeot roust appear on the mylars,
A De�velopmerrt Schedule must be submitted for signature by the Town planner. 'She sohedule
01)
e ,
must show building permit eligibility by quarter for all lots,
M. All documents Shall be'prepnred at The expense of 1he applicant, as requited by the Planning
Board Rules and Regulations Governing the Subdivision of Land,
P91OR TO TM STAA'r OF CONSTRUCTION ,
1) The record Pieria must be enda'scd by the Planning Board and recorded by the applicant at the
Regl&try of Deeds,
2) Three (3) copies of the signed, recorded playas and .two capic9 of the follow recorded
documents must bo delivered to the Planning Department. Subdivision Approval )Form M,
Easement documents, homeowners' aVvernont and ttu4intonanoo documents raferr'ed to in
Condition 3 wider"Special Conditions".
3) Yellow"Cautioaa"f�pe must be placed along the limit of clearing and grading as shown on the plait,
The Planning Staftust be contacted prior to any cutting and or alearlQg on site.
40) All applicable erosion control measures must be in plaeo and reviewed and approved by the
Planning.Departmont,
5) A Port'onnanco Quaranteo in an amount of four thousand dollars p
($4, Q0),shell be posted 10 46um
completion of Cho wotk in accondanco with the Plans approved as pert of this conditional approval,
The bond must be in the form acceptable to the North Andover Planning Board, Items oovared by
the Bondmay inoWe,but shall not be limited to.
a< as-built drawings;
b. sowers and utilities;
o, rowway construction and malatenance;
d, lot and site erosion control;
o, site B coning and sfroot trees;
drainage facilities;
g, sit*restoration;
h, tiaal alto clmwp.
�) A pmc0119hotion meeting must be bald Wilk tho dovelapor•,their construction employees,Planning '
Deparknent and Building Department (and other sppllcable dopartmcnU) to discuss Scheduling of
inapectlobs to bo conducted on the p4 Wt and the construction schedule.'
7) ]ieu of constructing sidojwalks, the applicant has agreed to mob a 0044-1brttion to the sidewalk ,
fund. The DPW will determine the amount of the twutribtttlon and evidence of DPW's
determination and a moelpt for the contribution must be submitted to the Town Planner.
PRIOR TO TU ISSUANCE OF A BMWINO PERMIT
1) the private driveway must be oonstruetad to binder paving with stabilized shoulders and the rain
gardens inplace.
2) A plot Plan for the lot in 4uestlon must be submitted to include the following-
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Bk 12528 Pg302 #14567
Jan, 24, 2011 11 :53AM ldo. 18 i 1 P, b
' Kelsey Lane Subdivision,ote Molly TownoRoad , '
Map 107A,-Parc01734
a, Location oftha structure
b, Location of tho driveway.
a., Location of all water and sewer lines.
d. Any graded called fbr on the lut
a, I..oeation of drainage,utl1hy and other em ments,
3) All appropriate erosihnn control measures for the lot shall be in plaoo,
4) All catch basing shall be protested and maintained with hay bales to prevent siltation into the drain
line during construction,
5) The lot in question shall be staked In tho field, The location of Any major departures from the plan
must be shown,
6) Lot numbers,visible from all roadwAys trust be posted on all lots.
DURING CONSTRUCTION
1) Any atockpiling of materials(dirty snood,construodon material,ots)must be shown on it plan and
ravlewed and approved by the planning Staff: •Arty appmved piles must remain coverod at all times
and fenced offto minimise any dust problems that nmy occur with adjacent proprutles.
2) It shall be the responsibility of tho developer to as.9ure tbet•so erosion front the alto of construction
ball occur which will causo deposition of soil,or sediment upon AaDOnt properties or public ways,
except as normally a1e111837 to Off-Alto W wor or other off-sits construction, Oil alto.erectors will be
a basis for the lE'lenrrMg Board rilalclag a finding that the projeoi is not In compliance with tiro plan;
Provided, howbft', that the Planning Board shall give the devoloper written jiogoe, of my such
flnding and tea days to our*said eondtdon,
�} In nn effort to reduco noise levers;the developer shall keep in optimum working order, through
regular maintonancc,any and all equipment that shall emanate sounds from the struehires or site,
PitYdlt TO TYM X99VA1gCE 4F'A,•CgILTIMCA,TX 4F OCCUPANCY '
1) House numbers for each lot must bo posted so as to be seeo from the street.
2) All slape9 shall bo slabitizod, as determined by the Planning Board,with rogard to erosion and
aafaty. ,
3) All lots must be raked, loamtd and seeded, sodded or mulohed, if the weather does not parmit
seeding or sodding.
4) It shall bo the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold, The Planning Board squires any driveway to be
moved at the owner's expense if suoh driveway Is at a oatoh basin or stone bound,position,
S) The Planning Board reserves tho right to roview the site after oonstruotion is oomplete and require
additional site soreening as it deems necessary;ad reasonable,
6
Bk 12528 Pg303 #14567
Jan, 24, 2011, 11.53AM Na, i$i 7 P, 7
` 106130y Lane Subdivision,off Molly Tawne Road
Map 107A,Parcel 234
i 6) The applicant must submit It
letter from the arohitoct and oa&eer of the protect stating that the
building and site layout substantially comply Vdth the plans re&mnced at the end of this draision as
endorsed by the Planning Board,
07)
The homes built on lots 2 and 3 must be equipped with a Home rWcler s s .p sp y tom that will be installed
according to eun'ont building code standards. The$Pftler systems must be inapeoted and approved
by the North Andover Fire Department.
PRXOA'PO mIM FINAL IMLEASE OF ALL SEc%rR1TV.AND ESCROWED FUNDS
1) A final ft-built plan showing final topography,the lon&tion of all an-sits utilities structures and
drainage fw11illos must be submitted to the Planning Department,
2) The Planning)3oard must by a majority vote make a finding that the site is in conformwncx with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation,Board of Health and Division of
public *'ori;s roquiramanta are sAtisfied and that oonstraeft was in strict:compliance with all
approved plans and conditions.
4} The privsite driveway arul all stotmwater managoment syatemt must be contracted according to the
plans approved by dw Planning B card
GIENBIRAL CONDITIOblt3
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. a
2) On. T Rhone; Cable and 81e0trio utilities shall be installed underground-gas specified by the
respoc#ive ntillty companies.
3) The hours for eoastruotlon shalt-bo limited to between 7.00 am, and 5:00 p.m.Monday through
Friday and botweorn 8.00 a,m.and 5:00 p.m.on Saturday.
4) The provisions of this conditional approval shall apply to and bo binding upon tho applicant, its
employees and all suocossots and assigns in idterest or control.
3) Any action by a Town Board,Commission,or Dapartnaent,which requires ohnges in the plan or
dosign.of the building,as presented to the Planning Hoard,may be subject to modiflcatian by the
Planning Board,
6) Any revisions shall be submitted to the Town planner for roviow.It these revisions are deemed
substantial,the developer must submit revised platys to the Planning Board for approval,
7) The following Information shall be deemed part of the decision;
Plan titled: Uefinidve Subdivision Plan for`xelmy lane",located in North Andover,MA
Subdivision PmofPlan for`°Kehoy Una",located in North Andover,MA
Prepared for, William&Lynne 01lien
54 Spring hill Road
North Andover,MA, 01845
Prepared by; Ouistiansen&Sergi
7
Bk 12528 Pg304 #14567
.Jan. 24. 2011 11:54AM Na. l811 P. $
XCh vy
Lane Subdivision,off Molly Towne Road '
Mop 107A,Parcel 234
160 Summer St,
Haverhill,MA
North Andorran,MA 01845
Sanlet 1"-40'
Dates Nfiy 19, 2009, revisions August 11, 2009, August 24, 2009, August 21, 2009,
Sheets Septer6or 14,2009 and SOPtember 15,2009.
r" '
AppiIta lun forDalfnitive Subdfvisiari PIAn
Received: July 1,2009
No native
Aeceivecl: July 1,2009
Stor,uwAter MAnagemont�teportr
iscelved: July 1,2009,updated August Xl,2009)August 21,2009 aed Septembet 15,2009,
Go; Town Dapattments
Applioant
13ngineer
Abutteks
Assessor
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