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HomeMy WebLinkAbout2003-02-10 Decision Peach Tree Farm Definitive Subdivision Town of Noah Andover 1 ice of the Planning Department IV D,.;. s,` Development and Services Division �o* .- 27 Charles Street y ��wt.n+� dg MAY 2 0 ?0432CC3 FIED 10 P N012 Andover, Massachusetts 01845 CHU5� hit :I I www.townofnorthandover.com NORTH AN00VL'I iwoods@townofnorthandover.com P (978) 688-9535 PLANNING P #tlNg'Director: F (978) 688-9542 J. Justin Woods This Is to certify that twenty(20)days SENT USPS VIA CERTIFIED MAIL have elapsed from date of ded ,filed RETURN RECEIPT REQUESTED without filing of an ap # r10(7c� n t3als .3 0� doyorA.i ftao 'down 04rk Peachtree Farm Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for an existing single family home, a new twenty-nine (29) Iot subdivision with 29 single family homes, a village green, and 5 attached townhouses with associated parking, known as Peachtree Farm Definitive Plan. Peachtree Development, LLC, 231 Sutton Street, North Andover, MA 01845, submitted this application on November 1, 2002. The area affected is on Rea Street and is located in the Residential 3 Zoning District. The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land: A. The approved Definitive Plan, dated October 24, 2002, revised January 17, 2003, satisfies alI requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel. The plan has been reviewed by the town's consulting engineer, VHB, and has been found to be acceptable in that it provides adequate access. Furthermore, the applicant submitted a traffic impact and access study that was also found to be acceptable. C. The approved Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways. Conventional development of this subdivision plan would allow a build-out of 42 new lots, including ANR lots along both Chestnut and Rea Street that would result in numerous driveways entering and exiting Chestnut and Rea Street. D. The approved Definitive Plan reduces danger to life and limb in the operation of motor vehicles. Again, conventional development of this subdivision plan would allow a build-out of 42 new lots, including ANR lots along both Chestnut and Rea Street. These ANR lots would create additional driveways entering and exiting Chestnut and Rea Street, creating unnecessary pedestrian and vehicle conflicts. E. The approved Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway and driveway will provide ample access to the homes during emergency situations. F. The approved Definitive Plan complies with the Town of North Andover Zoning By-law. F. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting 'and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by the appropriate public safety agencies and has been found to be acceptable. H. The Definitive Plan coordinates the ways in neighboring subdivisions. I. The Definitive Plan conforms with the design and construction standards described in these Rules and Regulations and in the attached Appendices with the exceptions of waivers granted in Condition 17. J. The Definitive Plan conforms with all the applicable zoning requirements. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HPALTH 688-9540 PLANNING 688-9535 Definitive Subdivision Permit Peachtree Farm Subdivision February 10, 2003 Page 2 of 7 Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department, The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance,if any and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of fifteen thousand ($15,000) 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. A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 5(c). b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Torun Planner in order to ensure that the plans conform to the Board's decision. A full set of final plans reflecting any required changes outlined in VHB s report dated January 27, 2003 must be submitted to the Town Planner for review prior to endorsement by the Plamung Board. 'These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. e) The Subdivision Decision for this project must appear on the mylars. f) A Development Schedule must be submitted for signature by the Planning Board, which conforms to Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. g) 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. h) Final water service and water main connection to Kara Drive and Chestnut Street must be approved by the Division of Public Works prior the Planning Board's endorsement of the record plans. A memorandum from the Division of Public works confirming these plans have been approved must be provided to the Planning Department. i) The Applicant has stated that the access road to the townhomes will be a private way and maintained by the owners. However, the rights and restrictions associated with the `exclusive use and drainage easement' are unclear. The applicant shall submit a draft of the proposed exclusive use and drainage easement clarifying this arrangement. 3) Prior to ANY WORK on site: a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. Snow fence shall be installed along the limit of clearing and grading line to the rear of lots 14, 15 and 16.The Planning Staff must be contacted prior to any cutting and or clearing on site. b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. BOARD O1°APPEALS 688-9541 BIALDING 688-9545 CONSERVATION 688-9530 BEALTH 688.9540 PLANINING 688-9535 Definitive Subdivision Permit Peaebtree Farm Subdivision February la, 2003 Page 3 of 7 c) Police details will be provided as necessary. The applicant shall coordinate the construction schedule with the North Andover Police Department and submit a final schedule to the Planning Board prior to construction commencing. 4) Throughout and During Construction: a) Dust mitigation(such as dewatering)and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner,throughout the construction process. b) Street sweeping must be performed,at least once per month,throughout the construction process, or more frequently as directed by the Town Planner. c) Hours of operation during construction are lirnited from 8 a.m. to 5 p.m., Monday through Saturday. 5) Prior to any lots being released from the statutory covenants: a) Three(3)complete copies of the endorsed and recorded subdivision plans and one(1)certified copy of the following documents:recorded subdivision approval,recorded Covenant(FORM I), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plaw approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: i) as-built drawings, ii) sewers and utilities w) 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 d) The Planning Board has determined that due to the size, scale and complexity of this project, outside inspectional services shall be provided by the Town's Consulting Engineer, at the applicant's cost, in accordance with Section 5.7.3(a) of the Town of North Andover Subdivision Regulations. As such, the applicant shall request an estimate of the inspectional services from the Town Planner, and the Town. Planner shall provide the applicant with this estimated cost. The applicant shall then deposit that amount of funds in an account with the Planning Department, Which will be utilized to pay for these required inspectional services. The applicant shall conform to the general construction procedures listed in Section 6.5 of the Town of North Andover Subdivision Regulations. e) Due to the existence of steep slopes at the rear of many of the proposed lots, the applicant shall hire a geotechnical engineer to be present during construction to observe any potential groundwater or slope failures that may occur. This geotechnical engineer shall be in addition to the outside inspectional services required in condition 5(d). The geotechnical engineer shall provide monthly reports to the Planning Board, Town Planner, and outside inspectional engineer so as to closely monitor this situation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANTNING 688-9535 Definitive Subdivision Permit Peachtree Farm Subdivision February 10, 2003 Page 4 of 7 6) Prior to Building Permit Issuance for an individual lot, the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b) above. b) A plot plan for the lot in question must be submitted,which includes all 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 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 easements. c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. e) An as-built plan must be submitted to the Division of Public Works and VHB for review and approval prior to acceptance of the sewer appurtenances for use. f) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction 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 and the Department of Public Works an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the Town of North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover Subdivision Regulations. g) Any driveway permits required for the new lots must be secured and all fees paid for from the Department of Public Works, along with necessary sewer connection, water connection, and sewer mitigation permits. Proof of the secured driveway permits and payment of water and sewer fees shall be provided to the Planning Department. h) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All new homes must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. BOARD OP APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PLANNTING 688-9535 i Definitive Subdivision Permit Peachtree Farm Subdivision February 10, 2003. Page 5 of 7 b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. c) Permanent house numbers must be posted on dwellings and be visible from the road. d) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's 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. e) If a sidewalk is to be constructed in front of the lot, the applicant shall submit an as-built plot plan to the Town Planner depicting the sidewalk has been constructed. f) Any and all street trees required to be planted in front of the lot shall be planted. The applicant shall submit an as-built plot plan to the Town Planner certifying that the street trees have been planted. S) Prior to the final release of seem* retained for the site by the Town, the following shall be completed by the applicant: a. An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and Regulations. b. The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section 5.11 of the Town of North Andover Subdivision Rules and Regulations. 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 developer's responsibility A insure that all proper easements have been recorded at the Registry of Deeds and copies providedj`lo the North Andover Planning Department. 9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction is in strict compliance with all approved plans and conditions. 10) The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission, 11) There shall be no burying or dumping of construction material on site. 12) The location of any stump dumps on site must be pre-approved by the Planning Board. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 15) 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. BOARD OF APPEALS 688.9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Definitive Subdivision Permit Peachtree Farm Subdivision February 10, 2003 Page 6 of 7 16) The utilities must be installed and the streets or ways constructed to binder coat two Years from this approval. If the utilities are not installed, 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. 17) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, November 2000, amended December 2002, have been GRANTED by the Planning Board. These waivers have been granted as the Planning Board has determined that the construction of the proposed roadway should retain the rural character of the neighborhoods surrounding it, specifically Rea and Chestnut Streets, Furthermore, the waivers granted will minimize the impact to the surrounding slopes and wetlands,and abutting properties. a) Waiver from Section 5.4.4.3a-c Public Service hnpact on Fire, Schools and Police has been granted. ,This waiver is granted due to the fact that the applicant has submitted plans to the above departments and provided them ample opportunity to comment on the proposed impact the subdivision may have on their respective departments. b) Waiver from Section 6.8.1, right of way width has been granted, This will allow for a 40 foot right- of-way width vs.the required 50 ft.right-of-way width, c) Waiver from Section 6.8.1,.roadway width has been granted. This will allow for a 22 foot roadway width vs.the required 26 ft.roadway width. d) Waiver from Section 6.8.1, minimum horizontal curve radius has been granted. This will allow for a 45 foot horizontal curve radius vs. the required 225 foot radius. The 95 foot radius meets the turning requirements of a single unit vehicle and sight distance does not appear to be an issue at this location. e) Waiver from Section 6.8.1, cul-de-sac maximum length has been granted. This will allow for a 10101(+I-) foot cul-de-sac vs. the maximum length of 600'. Due to the provision of residential fire sprinklers and the proposed layout of internal roadways and driveways neither the Fire Department nor the Police Department have objected to this cul-de-sac length. f) Waiver from Section 6.8.1, pavement width, has been granted, as a single unit can easily manage the turning movement. g) Waiver from Section 6.11, sidewalk material and width, has been granted. This will allow for a 4' wide cement concrete sidewalk vs.the required 5' wide asphalt sidewalk. h) Waiver from Section 6.11.2, sidewalk minimum setback, has been granted. This will allow for a sidewalk setback of 3 feet vs.the required 5 feet from the edge of roadway. i) Waiver from Appendix V.5.c, minimum water elevation at the bottom of a Detention Area.. This will allow a the Detention Pond at or above the maximum ground water elevation vs. the required 2 foot mimmurn above ground water elevation. j) Waiver from Appendix V.6.bdii, maximum slope of detention areas. This will allow for a 2:1 slope on the bank of the detention area No.2 vs.the required slope of 3:1. 18) This Definitive Subdivision Plan approval is based upon the following information that is incorporated into this decision by reference: Plan titled: Definitive Subdivision and Special Permit Plan Peachtree Farm in North Andover,MA Prepared For: Peachtree Farm Development,LLC Prepared By: Marchionda&Associates,LP 62 Montvale Avenue, Suite 1 Stoneham,MA 02180 BOARD OF APPEALS 688-9541 13i1ILDING 688-9545 CONSERVATION'688-9530 liRALTH 688-95a0 PLANNING 688-9535 I Definitive Subdivision Permit Peachtree Farm Subdivision February 10, 2003 Page 7 of 7 Dated: October 24,2002, last revised,January 30,2003 Sheets: 1 through 21 Scale: 15)=40' Plan Titled: Conceptual Landscape Plan Peachtree Farm in North Andover,MA Prepared for: Peachtree Development, LLC Prepared By: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Sheets: 1 through 4,with a scale of 1"=40',dated December 30,2002 Sheet: 5 with a scale of 1'=10',dated January 23,2003 Sheet: 6 with a scale of 1"=20',dated January 27,2003 Report Titled: Traffic Impact& Access Study Prepared for: Peachtree Development, LLC Prepared By: Dermot J. Kelly Associates,Inc. 280 Main Street, Suite 204 North Reading,MA 01864 19) The Town Planner shall approve any insubstantial changes made to the plans and reports described in Section 16. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination whether such changes would merit a public meeting or hearing and/or Special Permit modification.. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 41, Section BB, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. R tfully ub fitted, in Dads a4ing Director BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVAUON 688-9530 HEALTH 688-9540 PLANNING 688-9535