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HomeMy WebLinkAbout1046 Osgood Streetr R COVED r B Tl�b'x �i r � ~FICr oe "°;T a4, Town of North Andover g Department 2015 MAR 23 PM 1 F? •`;,' '-'".�'�°cp Office of the Planning De artment 12: 34 Community Development and Services Division e sl : 1600 Osgood Street TOWN - its-o;,,*„;:':.0 North Andover, Massachusetts 01845 NORTH ANDOVER SsACHUst MASSACHUSETTS l NOTICE OF DECISION k DEFINITIVE SUBDIVISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: March 17, 2015 Public Hearings: October 21, 2014;February 3, 2015,March 17, 2015. Date of Decision: March 17, 2015 1 Petition of: Marc E. Rudick 1046 Great Pond Road North Andover, MA 01845 t ' Premises Affected: 1046 Great Pond Road Assessors Map 103 Lot 27 North Andover,MA 01845 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 demolition of one existing structure,construction of one new driveway fronting Great Pond Road,installation of stormwater management infrastructure, and installation of necessary underground utilities, located off Great Pond Road in the R-1 Zoning District.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.Rudnicki,seconded by D.Kellogg, the Planning Board APPROVES the application as amended and with conditions.A vote of 5-0 was made in favor of the application. Gn Ai irt---- On behalf the North Andover Planning Board John Simons,Chair Michael Colantoni David Kellogg Lora McSherry Lynne Rudnicki 1 Town of North Andover 1 Definitive Subdivision— 1046 Great Pond Road,"Rudick Place" March 17,2015 ' The Planning Board herein 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 Plannin g on Board September 18,2014.The public hearing on the above referenced application p 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 North 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 Pond Road. 3) The Subdivision Plan does not include any new ways other than the way shown as Lot 39 on the Plans, created to provide legal 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 Plan will have no impact on ways in neighboring subdivisions. 9) The Subdivision Plan 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 stormwater 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. 1 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. 2 i ' To of North Andover i Definitive Subdivision— 1046 Great Pond Road,"Rudick Place" • March 17,2015 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. i t 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 11A of this Decision. f 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 new driveway fronting Great f Pond Road, installation of stormwater management infrastructure, and installation of necessary t 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. " to the person or entity holding the fee interest to the title to the Locus, 5) The "Project Owner" refers p ty g which can include but is not limited to the Applicant,developer, and/or owner. i 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 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 future 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 Plan 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 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. 3 ' Town of North Andover Definitive Subdivision—1046 Great Pond Road,"Rudick Place" March 17,2015 2) In consideration of the approval of the Plan, there is to be no further 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 ENDORSEMENT OF THE PLAN 4) A covenant (Form I) 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 A notation must be placed on the way.public never be maintained by the Town, nor accepted as a p y 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 non-exclusive 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 f 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#1 on the Plans). 7) The restrictions or covenants described in Condition #3 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 in 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. 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. 4 IL 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 years of the date of this Decision. 11A) Sheet 4 of the Definitive Subdivision Plan 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 f 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 I, 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) hi consultation with the Town Planner, 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 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 Department designated official. All records of the monitor shall be deemed to be Public Records under G.L. Chapter 4, Section 7(26). 16)A pre-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" tape 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 PERMIT 18)A Plot Plan for the lot in question must be submitted to include: 5 • Town of North Andover Definitive Subdivision— 1046 Great Pond 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-site sewer or other off-site 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 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 c. Roadway Construction d. Lot and Site Erosion Control e. Site Screening and Trees f. Drainage Infrastructure g. 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, 6 F Town of North Andover Definitive Subdivision— 1046 Great Pond Road,"Rudick 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 lot release(Form J)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 the building and site layout substantially comply with the approved Plans 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. 31) All slopes must be stabilized with regard to erosion and safety. 32) The lot must be raked, loamed, 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. 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 field prior to installation, and the arborvitae shall be planted in the Spring of 2015. 35) It is understood that as a condition of approval, the structure identified as "Existing 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 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 be razed or relocated. 36) The 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 easements must be submitted to the Planning Department. 38) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7 1 , is , ' Town of North Andover t' Definitive Subdivision— 1046 Great Pond Road,"Rudick Place" i' March 17,2015 i 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 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 ki 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. §` 43) Any action by a town board, commission, or department which requires changes in the plan or I' 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. f i 45) The following information shall be deemed part of this decision: ;`` Plans Titled: Defmitive Subdivision Plan for"Rudick Place"in North Andover,MA 01845 (the Definitive Plan)and `' Special Permit Plan for"Rudick Place" in North Andover,MA--Proposed Drainage Modification Plan 1r (the Special Permit Plan) , i 4" Prepared for Marc E.Rudick 1046 Great Pond Road North Andover,MA 01845 =` Prepared by Christiansen&Sergi Inc. t 160 Summer Street 1 Haverhill,MA 01830 } t Scale: 1"= 100' Date: September 16,2014,Revised March 14,2015 Sheets: 1-5 (Definitive Plan) Scale: 1"=40' r' Date: March 12,2015,Revised to March 14,2015 Sheets: 1-5 (Special Permit Plan) i cc: All Town Departments Applicant Engineer '' Abutters t Assessor }` ; 3 8 tt ■. . l' i , town,*** , -iti Town of North Andover f. °_ 201' O15 MAR 23 Office of the Planning Department PM I2: 34 t s ; .� Community Development and Services Division TOWN OF g *11%O...t.„.,.„,,,,, 445 1600 Osgood Street y NORTH ANDOVER�,SSACHust'� b MAiSSACHUSE 1 I S North Andover,Massachusetts 01845 i NOTICE OF DECISION -Watershed Special Permit E o Any appeal shall be filed 1 within (20) days after the date of filing this notice in the office of the Town Clerk. Date: March 17, 2015 Public Hearings: March 3, 2015;March 17, 2015. Date of Decision: March 17, 2015 Petition of: Marc E Rudick 1046 Great Pond Road North Andover, MA 01845 Premises Affected: 1046 Great Pond Road Assessors Map 103 Lot 27 North Andover,MA 01845 The above petition for a Watershed Special Permit is in accordance to the requirements of the North Andover Zoning Bylaw, Sections 4.136 and 10.31 and MGL C40A, Sec 9. This petition is to allow construction of a new stormwater management system designed to capture and treat stormwater originating from Great Pond Road.The stormwater work is within the Non-Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. The application was submitted by applicant Marc E. Rudick, the owner of the property, with plans dated February 5, 2015 and an associated Construction Detail for"Rudick Place"Subdivision drawing SK-1 dated February 26,2015. After a public hearing given on the above dates, and upon a motion by L. Rudnicki, seconded by L. McSherry, the Planning Board APPROVES the Watershed Special Permit, as amended and with conditions.A vote of 5-0 was made in favor/opposition of the application. Planni Board John Simons,Chairman Michael Colantoni Dave Kellogg Lora McSherry Lynne Rudnicki i 1046 Great Pond Road Rudick Place Watershed Special Permit t The Planning Board herein APPROVES the application for a Watershed Special Permit so as to allow construction of a new stormwater management system designed to capture and treat stormwater originating from Great Pond Road.The stormwater work is within the Non- Disturbance Zone and Non-Discharge Zone of the Watershed Protection District.The application was filed with the Planning Board on February 5, 2015. The public hearing on the above referenced application was opened on March 3,2015 and immediately continued to March 17, 2015 without testimony taken, and closed on March 17, 2015.The site is located at 1046 Great Pond Road,Map 103, Lot 27 in the Residential 1 (R-1)Zoning District. This Special Permit was requested by Marc E. Rudick, 1046 Great Pond Road,North Andover,MA 01845. The application was filed with the Planning Board on February 5,2015. The applicant submitted a complete application,which was noticed which was noticed and reviewed in accordance with Sections 4.136 and 10.31 of the Town of North Andover Zoning 1' Bylaw and MGL C.40A, Sec. 9. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its I: specific criteria, is met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1 6 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge, structure or activity. I I 3) The Applicant has responded to comments from the Planning Board and independent stormwater I technical reviewer and provided revised drainage plans that address on-site stormwater ! management. 4) The project includes a nominal amount of construction activity, there will be no roadway construction,and there will be an improvement to the treatment of the water entering the lake. 5) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston, and with the application of the erosion control measures and implementation of the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed and approved by the outside consulting engineer, Lisa Eggleston, as evidenced by an email dated March 17, 2015. 6) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following ADDITIONAL FINDINGS OF FACT: a. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b. The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c. There will be no nuisance or serious hazard to vehicles or pedestrians; 2 1046 Great Pond Road Rudick Place Watershed Special Permit K d. Adequate and appropriate facilities are provided for the proper operation of the proposed use; i e. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 1 7) The project design has been reviewed and approved by the Division of Public Works. See Interoffice Memorandum prepared by Gene Willis dated February 26,2015. I 8) The topography of the site will not be altered substantially. x 9) As conditioned,the site is an appropriate location for the project use and proposed structures. 'z 10) The Planning Board also makes a specific finding that the use is in harmony with the general purpose Y- and intent of the North Andover Zoning Bylaw and will not adversely affect the neighborhood given ,' that the Project proposes the elimination of one house which reduces density on the Locus, and the a stormwater facilities to be constructed on the Locus as a part of the Project will improve water quality within the Lake Watershed. Finally, the Planning Board finds that this project generally complies with the Town of North Andover i` Zoning Bylaw requirements as listed in Section 4.136, but requires conditions in order to be fully in I' compliance. The Planning Board hereby grants an approval to the Applicant provided the following i` conditions are met: Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: t 1) Permit Definitions: . a) 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 as shown on the Plans. s i b) The "Plans" refer to the plans named "Special Permit Plan for Rudick Place in North I Andover, MA -- Proposed Drainage Modification Plan," dated March 12, 2015 f (revised to March 14,2015), Sheets 1-4,prepared by Christianson& Sergi Inc.. , c) The "Project" refers to allow construction of a new stormwater management system designed to capture and treat stormwater originating from Great Pond Road. The stormwater work is within the Non-Disturbance Zone and Non-Discharge Zone of the Watershed Protection District. 1 d) The "Applicant" refers to Marc Rudick, the applicant for the Definitive Subdivision Plan. } 1 e) 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. ' i 11 I 3 ' ■ NIL 1046 Great Pond Road Rudick Place Watershed Special Permit 1'' ( f 2) Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 0 5%). Pesticides and herbicides shall not be used within 100 feet of a wetland resource area The i, use of coal tar-based pavement sealants is prohibited. These restrictions will be noted in a recordable deed restriction or covenant covering the entire Locus Z 3) The Town Planner shall approve any changes made to these plans not deemed substantial. Any 4 changes deemed substantial by the Town Planner would require a Public Hearing and modification f; to the Special Permit by the Planning Board. Any change that relocates, eliminates,reduces size or capacity of or adds any catch basin, drainage pipe or bioinfiltration area, or any other changes to II the drainage system (as shown on the Plans) shall be deemed to be substantial. This Watershed Special Permit may only be used in conjunction with the Definitive Subdivision Plan for these same premises approved March 17,2015. 4) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor as stated in Condition 13 of the Definitive Subdivision Plan Decision dated March 17, 2015. 1 5) The 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 shall be comprised of native species to minimize the need for watering and fertilizer application, and any fertilizer used in illthe re-establishment of vegetation shall be slow-release and low in phosphorus. i 6) Prior to issuance of site work or a building permit: a. A performance guarantee bond of five thousand dollars($5,000.00)made out to the Town of North Andover must be posted to insure that the construction,erosion control,measures,and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The applicant shall grant a non-exclusive 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#1 on the Plans). c. Three (3) copies of the signed, recorded plans and Decision must be delivered to the Planning Department. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of Special Condition(13)of the approved March 17,2015 Definitive Subdivision Plan. 7) Prior to release of the Performance Bond: 4 1046 Great Pond Road Rudick Place Watershed Special Permit a. The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b. The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 8) Prior to the Issuance of a Certificate of Compliance The applicant shall incorporate the following conditions as a deed restriction covering the entire Locus and a copy of the recorded deed restriction shall be submitted to the Town Planner and included in the file. d to those which are either organic or slow-release nitrogen and i. Fertilizers are limited g phosphorous-free. ii. The use of coal tar-based pavement sealants is prohibited. iii. Conditions 7 and 8 of the Notice of Decision Definitive Subdivision Plan Rudick Place shall be deemed to be for the benefit of and enforceable by the Town of North Andover 9) General Conditions a. In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plans referenced in Special Condition#9.i. b. The applicant must comply with the conditions set forth in the Definitive Subdivision Plan Decision approved on March 17,2015. c. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. d. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. e. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. f. Should the Project Owner transfer ownership of the entire Locus prior to completion and submission of the fmal as-builts,the buyer shall meet with the Planning Board to provide an update on the status of the project. g. This Special Permit approval shall be deemed to have lapsed March 17, 2017 (two years from the date of issuance)exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. h. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right under MGL Chapter 40A Section 17, to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk. 5 , [ [ 1046 Great Pond Road Rudick Place [ Watershed Special Pe rm} } i. This decision must be filed with the North Essex Re gisue District of the Land Court. The ( following 6f rmaio is includ e as part of this decision: [ ( Plans Titled: Special rmkPan fr`kuQk/ae North Andover,MA 01845 [ ( Prepared f= Marc E.Rudick 1046 Great Pond Road North Andover,MA 01845 Prepared by: Chrisilasen&Sergi Inc. 160 Summer Stre et Haverhill, [ Scale: 1"=4' Date: March 12,2015,R QKd March 14,2015 Sheets: !k cc: Director of Public W7U Conservation Administrator Applicant t Engineer [ File ( ( ( [ [ ( I ( [ ( ( { [ [ [ 6 1 I, l is t i i 1 t NORTM i ,�0�4,� .e<1.6 :: 'r% "4.0 f r Town of North Andover dr S4C1�5 Office of the Planning Department Community Development and Services Division !' P(978)688-9535 1600 Osgood Street F(978)688-9542 Building 20,Suite 2-36 North Andover,Massachusetts 01845 E t i DEFINITIVE SUBDIVISION EXTENSION Agreement to extend time required to take action on a Definitive Subdivision Plan 1. On September 18,2014 an application was received by the North Andover Planning Board i (date) t o submitted by Marc E.Rudick (name of applicant or applicant's representative) of 1046 Great Pond Road for a Definitive Subdivision under (street address of subdivision) t i Massachusetts General Law(MGL),Chapter 41,Section 81U. E i 2. Pursuant to MGL,Chapter 41,Section 8111,the Board and the Applicant hereby mutually agree that the time within which the Board shall take action on said application is hereby extended to I F end on March 31.2015 which shall be one which complies with the time- ro c (date) iiilti period requirements of MGL,Chapter 41,Section 81U,for the Planning Board to taisal AIM* , action on a Definitive Subdivision Plan. (ts-ti cs� ¢ i� ill< PQ ...tr't'! ap For the North Andover Planning Board 2 `] c'..--Zel:'-' fir---)----7 By'1,� / /___„� ' (Pi 1ng Board Chairman or designee) / (Name of applicant,Title) /I Date: G/7 / Filed with Town Clerk: (00085244;v3}BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Updated 9/28/10 1 SMOLAK & VAUGHAN 1 John T. Smolak, Esq. T: 978-327-5215 I F: 978-327-5219 P. T T C it. N g .b. S, h i L A y;: ismolak(a smolakvaughan.com i i t February 5, 2015 1' BY HAND John Simons, Chairman Planning Board Town of North Andover t 1600 Osgood Street North Andover, Massachusetts 01845 t RE: Application for Watershed Protection District Special Permit or Waiver Project: Rudick Place -- 1046 Great Pond Road Applicant Marc E. Rudick a Dear Chairman Simons and Other Board Members: t On behalf of the Applicant, Marc E. Rudick, enclosed please find an Application for Watershed Protection District Special Permit along with accompanying plans and other supporting materials in connection with the proposed stormwater management work related to the pending definitive i subdivision application for the same 6.54-acre parcel of land to be known as t Rudick Place which is located at 1046 Great Pond Road. ('' (' As an alternative, the Applicant respectfully requests a waiver from the requirement for obtaining a Watershed Protection District Special Permit, given that it meets the requirements for a waiver under the criteria outlined under Section 4.136.8.1 of the Zoning Bylaw, the proposed stormwater work is minor in nature, and any best management practices required for stormwater can be t` incorporated into a definitive subdivision decision without the necessity of ( issuing a separate Watershed Protection District Special Permit. Please feel free to contact my office with any further questions or concerns. S' erely, , Fohn . Smolak Jam/ cc: Jean Enright, Interim Town Planner Town Clerk's Office (By Hand) Phil Christiansen, P.E., Christiansen &Sergi, Inc. 1 {00086844;v1}East Mill,21 High Street,Suite 301,North Andover,MA 01845 W WW.SMOLAKVAUGHAN.COM f $ORTFr O*(TL{C ,a44'O ( - # 4 *4,..,..e...,..";-:45' ' * 2815 FEB —5 PM 1: 21 SS4CHVSt 1 PLANNING DEPARTMENT NORTH ANDOVER Community Development Division MASSACHUSETTS S 1 ecial Permit Watershed Permit A 1 1 lication 1 l Please type or print clearly. 1.Petitioner: Marc. E. Rudick t Petitioner's Address: 1046 Great Pond Road, North Andover, Massachusetts 01845 t Telephone number 978-360-0215 t t 2.Owners of the Land:PR Investments, LLC and MR Investments, LLC Address: 1046 Great Pond Road, North Andover, Massachusetts 01845 Number of years of ownership:5 years 1' 3.Year lot was created: 1990 (See Plan No. 16372G filed with ENR Dist.of Land Court) 4. Is the lot currently on septic or sewer?Sewer Lot currently has sewer connection from Great Pond Road. If on sewer,please provide date the sewer connection was completed: Unknown 5.Description of Proposed Project: Project involves the construction of a new stormwater management system designed to capture and treat stormwater originating from Great Pond Road k 6.Description of Premises:A 6.54-acre parcel located entirely within the Residence 1 (R-1)Zoning District.,and depicted on the Town of North Andover Assessors Maps as Map 103, Lot 27 7.Address of Property Being Affected: 1046 Great Pond Road Zoning District: Residential 1 (R-1) Assessors Map: 103 Lot#: 27 I Registry of Deeds:Certificate of Title No. 16052 8.Existing Lot: Occupied by Four Dwellings not subject to Watershed District Jurisdiction. Lot Area(Sq. Ft): 284,927+/- Building Height: N/A 1 Street Frontage: 436+/-feet Side Setbacks: N/A I Front Setback: N/A Rear Setback: N/A f Floor Area Ratio: N/A Lot Coverage: N/A 9.Proposed Lot(if applicable): NIA—Work within Jurisdiction is Stormwater System only. Lot Area(Sq.Ft): Building Height_ Street Frontage Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): See Sections 7,7.1 and Table 2 of NAZB and Legal Memo Lot Area(Sq. Ft):87,120 s.f. Building Height: 35 Feet Max. Street Frontage: 175 Feet Side Setbacks: 30 Feet Page 1 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 ■ t Front Setback: 20 Feet Rear Setback: 20 Feet Floor Area Ratio: N/A Lot Coverage: N/A l' 11.Existing Building(if applicable): NOT APPLICABLE. Ground Floor(Sq. Ft.): #of Floors: Total Sq.Ft.: Height: Use Vacant Type of Construction: Improvements i. 12. Proposed Building: NOT APPLICABLE. Stormwater p rovements only. 1, Ground Floor(Sq. Ft.): #of Floors: Total Sq. Ft. Height: Use Type of Construction: I, 13. Has there been a previous application for a Special Permit from the Planning Board on these a premises? NO If so,when and for w hat typ of construction? I r ) 14.Section of Zoning Bylaw that Special Permit Is Being Requested: Sections 4.136 and 10.31 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: ,�/. . /-I A. <> . .//ii.... i �iiL---% Print or type name here: i E. Rudick See Authorization att.' it d.. •• Owner's Signature: ,- �„ ....1".i...., , '._. _ s,e ieglra i . - .i A / _IA Print or type name here'arc E. 'udick as Manager,duly authorized. S-- ' 'horization attached.. PR Investments,LLC and MR Investments, LLC 16. Please list title of plans and documents you will be attaching to this application. See list of plans and specifications described in attached Memorandum. . Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthondover.com Edited 8/6/07 9j TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT: MARC E. RUDICK OWNER: PR INVESTMENTS, LLC AND MR INVESTMENTS,LLC PROPERTY: 1046 GREAT POND ROAD MEMORANDUM IN SUPPORT OF APPLICATION FOR WATERSHED PROTECTION DISTRICT SPECIAL PERMIT SPECIAL PERMIT (Sections 4.136 and 10.3 of North Andover Zoning Bylaw) I. INTRODUCTION Marc E. Rudick (the "Applicant") is requesting the Planning Board to grant a Watershed Protection District Special Permit for the construction of a stormwater management facility in connection with a proposed definitive subdivision of a parcel of land known and numbered as 1046 Great Pond Road. The site contains approximately 6.54 acres of land and is designated on the Town of North Andover Assessor's Maps as Map 64, Lot 26 (the "Property"). The Property is located on the north side of Great Pond Road. The Property is currently occupied by four separate dwellings, and is proposed to be divided into three separate lots upon which one single family dwelling would be located thereon, with the fourth existing dwelling to be razed or moved off the Property. The work related to the existing dwellings is not located within jurisdictional areas covered by the Watershed Protection District. In turn, the only work which is subject to the performance standards of the Watershed Protection District is the proposed installation of a stormwater management system which will receive untreated stormwater from Great Pond Road, and will divert a portion of the stormwater through a treatment system running to the rear of the site,with the balance of the stormwater running as currently depicted on the plans provided to the Board designed to continue to feed the existing wetland resource area located downgradient of the Property. The Property is located within the Residential 1 (R-1) Zoning District within which the proposed Project use for a single family dwelling is permitted by right but the proposed work involving the stormwater management system is subject to the relief described below. II. PROPOSED PROJECT The Applicant proposes to construct a stormwater management system running westerly from Great Pond Road onto the property for a distance of approximately 60 feet, and then southerly through an existing stormwaterline for an additional 50 feet, {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 1 { and which point, the stormwater will be diverted into two directions. First, the stormwater during smaller events will continue to travel southerly on the Property where it then discharges and sheet flows downgradient to and beyond the southerly property boundary. Second, the the stormwater during larger events will be diverted to a send line which runs westerly on the Property through two drain manholes to a level spreader where the stormwater is discharged. The Site Plans showing the proposed layout and related stormwater improvements are attached as EXHIBIT C. It III. REQUIRED RELIEF AND APPLICABLE ZONING REQUIREMENTS Based upon our preliminary review of the proposed improvements, the Applicant has determined that a Watershed Protection District Special Permit (Sections NAZB) required since the Property 4.136 and 10.3 of N ) is uire q P ty lies within the Watershed Protection District and the proposed stormwater line construction work lies within the Non-Disturbance Zone in an area in ecess of 100 feet from a wetland resource area but not greater than 15o feet from such wetland resource area except for a portion of the new stormwater line running westerly on the Property through both the Non-Discharge Zone and general Zone, al as depicted on the Site Plans. Since no work is proposed within a wetlands resource area including the 100-foot buffer zone, there is no Conservation Commission jurisdiction over the proposed stormwater improvements under both the State Wetlands Protection Act and North Andover Wetlands Bylaw and Regulations. In addition to a Watershed District Special Permit, the Project requires an approval for a Definitive Subdivision,both from the Planning Board. A. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4.136) The proposed Project stormwater system is also located entirely within the Watershed Protection District boundaries so certain work on the Property must comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a lot recorded on March 9, 1951 (i.e., prior to the date of the enactment of amendments to the District in 1994), the revised provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not apply to the Project as described in Section 4.136(2)(f) of the NAZB. Accordingly, the following are the zones applicable to the Project: Table 1.Lots created after October 24, 1994 Conservation Non-Disturbance Non-Discharge General From Edge of All Within 75 Feet 75 to 150 Feet 150 to 400 Feet > 400 Feet Wetland Resource Areas Within the Watershed District {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 2 t No work is being performed within the Conservation Zone. gP Work is being performed within the 150-Foot Non-Disturbance Zone but such work is outside the 100-Foot wetlands buffer zone as depicted on the Site Plans. I Work is also being performed within both the Non-Discharge Zone and General Zone with regard to a segment of the proposed new stormwater line running westerly on the Property to a spreader area Non-Disturbance Buffer Zone • Proposed Work: As noted above,the stormwater work will involve the 1' installation or stormwater facilities including stomwater lines, drop manholes. I • Allowed Uses and Applicable Standards: Within the Non-Disturbance Buffer Zone, single family residential use is allowed by right,but uses allowed by I. Special Permit in the Non-Disturbance Zone include: ii 2 --Vegetation removal or cutting, other than in a. Section 4.136(3)(c)( )( ) g $ connection with agricultural uses or maintenance of a landscape area b. Section 4.136(3)(c)(ii)(5) --Any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. • Building Requirements and Performance Standards: Section 4.136(3)(c)(iv) provides that"all construction in the Watershed Protection District shall comply 1 with best management practices for erosion, siltation, and storm water control in I order to preserve the purity of the ground water and the lake;to maintain the ground water table; and to maintain the filtration and purification functions of the land." • Project Compliance With Building Requirements and Performance Standards: As depicted on the Site Plans and accompanying documentation,best management practices for erosion, siltation, and storm water control will be implemented in connection with the work, and no prohibited uses will be made in connection with the work. Stormwater improvements will be maintained and managed by lot owners as a part of the subdivision covenants to be created in connection with the Definitive Subdivision. {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 3 f Non-Discharge Buffer Zone 1; • Proposed Work: As noted above,the stormwater work will involve the installation or stormwater facilities including stomwater lines, drop manholes, and a level spreader. is • Allowed Uses and Applicable Standards: Within the Non-Discharge Buffer Zone, single family residential use is allowed by right, but uses allowed by I Special Permit in the Non-Discharge Zone include: a. Section 4.136(3)(b)(ii)(1) --Any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. • Building Requirements and Performance Standards: Section 4.136(3)(b)(iv) provides that"all construction in the Watershed Protection District shall comply 1. with best management practices for erosion, siltation, and storm water control in t. order to preserve the purity of the ground water and the lake;to maintain the ground water table; and to maintain the filtration and purification functions of the land." • Project Compliance With Building Requirements and Performance Standards: As depicted on the Site Plans and accompanying documentation, best management practices for erosion, siltation, and storm water control will be implemented in connection with the work, and no prohibited uses will be made in connection with the work. Stormwater improvements will be maintained and managed by lot owners as a part of the subdivision covenants to be created in g Y P connection with the Definitive Subdivision. Li General Buffer Zone • Proposed Work: As noted above, a portion of the stormwater work may involve the installation or stormwater facilities including stomwater lines and drop manholes within the general Buffer Zone. • Allowed Uses and Applicable Standards: Within the general Buffer Zone, single family residential use is allowed by right, but uses allowed by Special Permit in the Non-Discharge Zone include: a. Section 4.136(3)(a)(ii)(2) --Any other uses not provided for elsewhere in i this Section. E. (00086763;vi}Watershed Protection District Special Permit Memorandum -- Planning Board 4 • Building Requirements and Performance Standards: Section 4.136(3)(a)(iv) provides that"all construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and storm water control in order to preserve the purity of the ground water and the lake;to maintain the ground water table; and to maintain the filtration and purification functions of the land." • Project Compliance With Building Requirements and Performance Standards: As depicted on the Site Plans and accompanying documentation, best management practices for erosion, siltation, and storm water control will be implemented in connection with the work, and no prohibited uses will be made in connection with the work. Stormwater improvements will be maintained and managed by lot owners as a pa r t of the subdivision covenants to be created in connection with the Definitive Subdivision. Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the following information to be provided: (a) a written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit B. (b) As demonstrated by the Site Plans and supporting information, there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones and/or general Zone for any discharge, structure, or activity, associated with the proposed use to occur. (c) As demonstrated by the Site Plans and supporting information in EXHIBIT C, all on-site activities including,but not limited to, construction and fertilizer applications will not create concentrations of nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary. (d) Based upon a determination by the Project engineer,no concentrations of nitrogen or phosphorous are anticipated to be generated as part of this Project. (e) As demonstrated by the Site Plans and supporting information described herein, any runoff from impervious surfaces will, to the extent possible,be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Accordingly, the Applicant respectfully requests the Board to find that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 5 is N' , B. SPECIAL PERMIT APPROVAL CRITERIA (Section 10.31) s Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria k. are met. t f a. The specific site is an appropriate location for such a use, structure or condition. i As the property is zoned for residential use and involves purely stormwater management work, the site is an appropriate location for the proposed Project. The Property abuts single family residential homes to the east,north and south of the Property, as well as across Great Pond Road. The site design compliments the surrounding uses and provides for sufficient traffic and circulation improvements, as well as sufficient water, sewer and other utilities. r b. The use as developed will not adversely affect the neighborhood character. The Project provides appropriate best management practices and involves no new structures. Accordingly, the proposed use is well suited for its proposed location. b. Social, economic,or community needs which are served by the proposal. j The Project proposed relates solely to stormwater management facilities designed to treat stormwater which is untreated today. As a result, 1 important environmental measures have been incorporated into the design such that the Project will not have an impact on the watershed of Lake Cochichewick. I d. There will be no nuisance or serious hazard to vehicles or pedestrians. I Stormwater facilites will be constructed in accordance with best management practices so there will be no nuisance or serious hazard to pedestrians or vehicles. r r is {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board i' 6 Y fi i t g to e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately sized in order to effectively manage and adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stormwater in accordance with applicable requirements. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. f In addition to the reasons described herein and as shown on the Site Plans P and other information submitted as part of the site plan review process, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the project will incorporate measures which will not result in impacts the water quality within the Lake's watershed. Also, the project, as shown on the Site Plans, complies with the Zoning By-Law. For these reasons, all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. r C. ALTERNATIVE REQUEST FOR WAIVER FROM WATERSHED SPECIAL PERMIT r 1 1 In accordance with Section 4.136.8.1 of the Watershed Protection District provisions, "when any construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint of a structure, and 1 will not disturb existing topography, and is a proposal on town sewer, the Planning Board may determine, without a public hearing, that submission of a watershed 1 protection district special permit is not required. However, in order to obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to r perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction; the applicant must also agree in writing that the Town Planner can stop construction if the proper erosion control is not in place." 1' ti Based upon the foregoing, the Applicant, as an alternative for the need for a t Special Permit under Section 4.136, respectfully requests the Board to find that a waiver from the need to obtain a watershed protection district special permit is appropriate for the proposed work described herein. If the Board makes such a finding, then the k Applicant agrees to allow for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is } t {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board i 7 1 1 1 . 4 established during construction. The Applicant further acknowledges and agrees that should such a waiver be granted, the Town Planner can stop construction if the proper `_Y s erosion control is not in place. V. REQUEST FOR APPROVAL OR WAIVER For the above reasons, Applicant respectfully requests that the Planning Board make the required findings for a waiver in accordance with the terms and conditions described under Section 4.136(8)(1). In the alternative, should the Board not make such finding,then the Applicant respectfully requests the Board to make a finding that the Applicant complies with all the criteria and conditions described under Sections 4.136 f' and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Watershed Protection District Special Permit. P „,. Respectfully submitted, APPLICANT: Marc E. Rudick i B its attorneys, : 44. -igti....d .. i John T. Smolak, Esq. Smolak &Vaughan LLP East Mill, 21 High Street,Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5215 Fax (978) 327-5219 {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 8 • t EXHIBIT A AUTHORIZATION LETTER U ti {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 9 OWNER AUTHORIZATION 1046 Great Pond Road,North Andover,MA (Assessors Map 103,Lot 27—6.3 acres,the"Property") I,Marc E. Rudick,individually,and as duly authorized agent of both PR Investments,LLC and MR Investments,LLC,which are both Maryland limited liability companies having a business address at do Marc Rudick, 1046 Great Pond Road,North Andover,Massachusetts 01845,the record owners as tenants in common(collectively, the"Owner")of the real property referenced above(the"Property"),hereby authorize Marc Rudick,Christiansen& Sergi,Inc.,and Smolak&Vaughan LLP,or their agents to file with,and apply to,the Planning Board,Building Department,the Board of Health of the Town of North Andover,Massachusetts, as well as to any other local,state and federal boards or agencies,for all approvals and/or authorizations necessary to obtain approval and/or consent to the use and development of such Property. Dated: September 17,2014 OWNER MR Investments, LLC ,aye„ z,! Marc E.Rudick Its: Member,duly authorized. PR Investments,LLC Marc E.Rudick Its: Member,duly authorized. p£ EXHIBIT B WATER QUALITY CERTIFCATIONS AND ANALYSES I 1 {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 10 Water Quality Certification and Analysis I, Philip G. Christiansen, hereby certify that the F' work depicted on "Special Permit Plan for Rudick Place" in North Andover, MA dated February 4, 2015, prepared by Christiansen & Sergi, Inc. will not, as proposed, contribute to any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. T'ip G. Christiansen, PE MA #28895 Date 0;0 OF Afolsaf PHILIP Q. yG CHRIS7IANSEN To - CIVIL 1,1 fl No.28895 fi Ado 1%/ST�`` �sslONAL�� { a;- ' t EXHIBIT C SITE PLANS {00086763;v1}Watershed Protection District Special Permit Memorandum -- Planning Board 11 ` 4 (` i i M'''TM tip ...•fit+ Town of North Andover "``"" Office of the Planning Department Community Development and Services Division i P(978)688-9535 1600 Osgood Street F(978)688-9542 Building 20,Suite 2-36 North Andover,Massachusetts 01845 DEFINITIVE SUBDIVISION EXTENSION r Agreement to extend time required to take action on a Definitive Subdivision Plan 1. On September 18,2014 an application was received by the North Andover Planning Board (date) t t submitted by Marc E.Rudick (name of applicant or applicant's representative) of 1046 Great Pond Road for a Definitive Subdivision under (street address of subdivision) t Massachusetts General Law(MGL),Chapter 41,Section 81U. I t i 2. Pursuant to MGL,Chapter 41,Section 81U,the Board and the Applicant hereby mutually agree that the time within which the Board shall take action on said application is hereby extended to 4' end on February 28,2015 which shall be one which complies with the time- (date) period requirements of MGL,Chapter 41,Section 81U,for the Planning Board to take final action on a Definitive Subdivision Plan. For the NohAndov C Andover ,ti ! C Cid({C4.rt B r .../By: < �� 1 " � .7"? B (Planning Board Chairman or designee) / (Name of applicant,Title) o crl f i Date: //Z 4!//S cnw s■ �sra b Filed with Town Clerk: Er' BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNINli48849535 co 7 :,--)00085244 ,- ,+ .ri Updated 9/28/10 O i; '' xgg 3' I. i I. fi SMOLAK & VAUGHAN ;' John T. Smolak, Esq. T. 978-327-5215 I F: 978-327-5219 A T T O R N E `'S A - L AW jsmolak(a'smolakvaughan.coin i January 19,2015 BY EMAIL John Simons,Chairman Planning Board Town of North Andover t' 1600 Osgood Street North Andover,Massachusetts 01845 RE: Application for Definitive Subdivision Approval =` Project: Rudick Place--1046 Great Pond Road Applicant Marc E. Rudick Request to Continue Hearing I t Dear Chairman Simons and Other Board Members: t On behalf of the Applicant,Marc E. Rudick,we are requesting the Board vote to continue the hearing scheduled for Tuesday,January 20,2015 to the Board's first hearing in February,2015. The reason for the request is that we are continuing to work on stormwater drainage issues as they relate to abutting property,and the Town's upstream stormwater system which is connected from Great Pond Road into the Applicant's drainage system. i Before our next meeting with the Board,we are hopeful that a meeting with the Conservation Department,the Town's peer review engineer,a representative of the DPW,and the Community Development Department can t be arranged so that a preliminary solution can be developed. Please feel free to contact my office with any further questions or © •-1 concerns. 3 zr } ,,. Sincerely, Ts.= N r_. r-i C John T.Smolak :gi JTS/ o cc: Town Clerk's Office (By Hand) Phil Christiansen, P.E.,Christiansen&Sergi, Inc. t {00086437;v1}East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM f..011,1, R'ECEIYP r o ,,,.. o TOWN CLERK' OFFICE,: . , 12. . �,�� 2�I� C 16 PM Z: 4S 4,,,S,n..ee Town of North Andover aa____ Office of the Planning Department 1 Community Development and Services Division . s 1II ANDOVER P(978)688-9535 1600 Osgood Street '« 'SAOHU5ETTS F(978)688-9542 Building 20,Suite 2-36 North Andover,Massachusetts 01845 i' DEFINITIVE SUBDIVISION EXTENSION Agreement to extend time required to take action on a Definitive Subdivision Plan 1. On September 18,2014 an application was received by the North Andover Planning Board (date) ., 1 submitted by Marc E. Rudick (name of applicant or applicant's representative) "` of 1046 Great Pond Road for a Definitive Subdivision under (street address of subdivision) 1 Massachusetts General Law(MGL),Chapter 41,Section 81U. 1 2. Pursuant to MGL,Chapter 41,Section 81U,the Board and the Applicant hereby mutually agree that the time within which the Board shall take action on said application is hereby extended to end on January 31,2015 which shall be one which complies with the time- (date) t period requirements of MGL,Chapter 41,Section 81U,for the Planning Board to take final action on a Definitive Subdivision Plan. For the North Andover Planning Board , By: diL__ By: Lc/-6 (Planning Board Ci: an or designee) (Name of applicant,Title) �._ r .,, Date: 12 (1- iy ��f�r% Filed with Town Clerk: I BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 00085244 a Updated 9/28/10 i t I; I i I SMOLAK & VAUGHAN 5 John T. Smolak, Esq. T: 978-327-5215 I F: 978-327-5219 ATTORNEYS A ": LAW jsmolak(;smolakvaughan.coin September 18, 2014 BY HAND John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street �t North Andover, Massachusetts 01845 RE: Application for Definitive Subdivision Approval Project: Rudick Place -- 1046 Great Pond Road Applicant Marc E. Rudick Dear Chairman Simons and Other Board Members: On behalf of the Applicant, Marc E. Rudick, enclosed please find an Application for Definitive Subdivision along with accompanying plans and other supporting materials in connection with the proposed subdivision of a 6.3-acre parcel of land into three (3) lots to be known as Rudick Place which is located at 1046 Great Pond Road. As you may recall from our informal discussion with the Board on June 3, 2014, the existing property includes four separate residences on a single lot. The Applicant/Owner has been having difficulty marketing the property for sale as an entire estate-type of property. Based upon further discussions with the real estate broker for the property, as well as market data, it has been determined that a sale of the property would be facilitated if the property was divided into separate lots to be sold to individual buyers. To this end, the Applicant is proposing to retain three of the four existing buildings on the Property, and have each of the three residential buildings located on separate lots, with the fourth building to be either moved off-site or razed. Since there is inadequate street frontage to divide three lots having frontage directly off of Great Pond Road without obtaining zoning variances, the Applicant has designed a definitive subdivision such that a so-called "unimproved paper street" would be created to provide legal frontage to 2 of the three lots (Lots 37 and 38), while the third lot (Lot 36) would have frontage directly off Great Pond Road. The Applicant intends to utilize existing driveways for access for Lots 37 and 38, and a new, separate driveway would be East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM ISMOLAK & VAUGHAN LLP John Simons,Chairman n Planning Board , September 18,2014 t proposed for Lot 36 having direct access to Great Pond Road. A declaration of ,;. easements, restrictions and covenants would be imposed on the lots to ensure 5 maintenance obligations among the successor lot owners. , The Applicant/owner is not seeking to increase density, but is instead t reducing density while at the same time maintaining the existing streetscape ., along Great Pond Road in an effort to keep that streetscape intact as much as possible. I Please feel free to contact my office with any further questions or concerns. P Sincerely, 11,4 ,7,,,,,,,ew( , John T. Smolak JTS/ cc: Matthew Egge, Town Planner Town Clerk's Office (By Hand) Phil Christiansen, P.E., Christiansen&Sergi, Inc. 5 t :' Y k' 4- F { _ , _ ,< t NORTFI p r 4. ~4'I •. st, FQ ssi,c.use, , I I% r PLANNING DEPARTMENT ' 1 i Community Development Division 1 t Form C -APPLICATION FOR DEFINITIVE SUBDIVISON APPROVAL t a Received; Town of North Andover Town Clerk(Date Stamp) t Stamp three (3)forms with the Town Clerk. File one (1)copy with the Town Clerk and two (2)with the Planning i Department. i; To the Planning Board: i' The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL, for approval of a proposed subdivision plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: i The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the )' Town of North Andover, upon approval of said Definitive plan by the Board: •i a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public ', Works, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities with the utilities within the limits of ways and streets; t b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices (I-VI) and Figures (1-27), 1 and the approved Definitive plan, profiles and cross-sections of the same. Said plan, profiles, cross-sections and i i construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, tt administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and , c. To complete the aforesaid installations and construction within two (2) years from the date hereof. e z i Page 3 of 5 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 i Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 9/27/2010 • • • • • I I 1.Name of Applicant: Marc E.Rudick t I Address: 1046 Great Pond Road,No do 01845 Signature of Applicant 7/04e..4 i 2.Name of Subdivision: Rudick Estates 3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)]- The Property is located on the south side of Great Pond Road,consists of approximately 6.3 acres in size.is located entirety within the Residence 1 (R-1)Zoning District..and is depicted on the Town of. North Andover Assessors Maps as Mao 103.Lot 27 and known and numbered as 1046 Great Pond Road. Applicant proposes to create subdivision roadway such that a total of three(3)lots can be z configured so that an existing house can be located on each lotsreated 4.Address of Property Being Affected: 1046 Great Pond Road , Zoning District: Residence 1 (R-1) Assessors: Map#: 103 Lot# 27 5.Deed Reference:Book , Page and Certificate of Title No. 16052 6.Name of Surveyor/Engineer: Philip Christiansen.P.E. . Address:Christian&Sergi.Inc..160 Summer St..Haverhill.MA 01830 Easements and Restrictions of Record(Describe and Include Deed References) Flowage rights to Joseph Kittredge(12.11.18371 recorded with ENRD In B.504.P.236.and flowaae rights to Nathaniel Stevens (11.2.1851).recorded_witbi said Deed In B.504.P.237. 7.Preliminary Plan Submitted?_IL_; Plan Approved?_ ;Date: PR Investments, LLC and MR Investments,LLC By: Marc E.Rudick,Managing ber,duly authorized '" , Signature of Owner(s): Address: do Marc Rudick.1046 Great Pond Road.North AndoverrMA 01845 Received:Town of North Andover Town Clerk(date stamp): Signature of Town gfficial Receiving this Application: , _ Page 4 of 5 1600 Osgood Street, North Andover, BIdg.20, Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.towoofnorthandover.com Edited 9/27/2010 Id Wd62:0S bIOE LT 'daS 880E 12P 2 : '0N 3NOHd A0IQf d 8 0i'Id4 : WO?Jd f Form L SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT Departmental referral Form L with signature of department acknowledging receipt. TO Director,DPW gkg Town Engineer,DPW Water& Sewer Department, DPW Water Treatment Department Fire Chief Conservation Administrator Inspector of Buildings Health Administrator School Department Police Department FROM Applicant Marc E. Rudick Date: September 17,2014 Re: Preliminary Plan XX . Definitive Subdivision Modification to a Subdivision Special Permit Site Plan Review Address of Development: 1046 Great Pond Road A Public Hearing has been scheduled for the following date: Tuesday,October 21,2014 Please provide your written comments to the Planning Dept by the following date: Wednesday,October 15,2014 (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 Page 5 of 5 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 9/27/2010 1: Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum Definitive Subdivision Application Information Requirements Section V. of the "Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts (Rev. October 2001)" provides that, in addition to the Form C Application and Form L List, the following information shall be provided as a part of the Definitive Subdivision Application: 5.1.5 Site Evaluation Statement Submit an Environmental and Community Impact Analysis, if required (see Section 5.4); Response: Since the residential Definitive Subdivision Application confirms that the Applicant is not proposing to create frontage for six (6) or more dwelling units, Section 5.4 of the Subdivision Regulations confirms that an Environmental and Community Impact Analysis is not required. 5.1.6 Certified copy of deed/proof of ownership A certified copy of the recorded deed for the parcel for verification of ownership and Form to allow authorization to do so if applicant is other than owner. Response: A copy of the deed for the parcel is attached as Exhibit A. 51.7 List of names of abutters A list of the names and mailing addresses of all abutting property owners as they appear in the most recent tax list(s). This list shall not be more than 6 months old. , The list must include property owners on the opposite side of any street abutting the subdivision and abutters to abutting property owners within three hundred feet of the property under development consideration. The list of owners and their mailing addresses shall be certified by the Assessor's Office. Two sets of the addressed and stamped envelopes containing the names of the abutters must be provided to facilitate notice to the abutters. Response: A certified abutters list is attached as Exhibit B, and two sets of stamped and addressed envelopes to abutters has been provided to the Planning Department. {00081307;vi) Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum 5.1.8 List of waivers If applicable, a list of any waivers of the regulations being requested, and the reasons for requesting such waivers. Please refer to Section 2.5 regarding general procedures for waivers. Response: A list of requested waivers is attached as Exhibit C. 5.1.9 Construction Schedule The approximate scheduled time within which the ways in the subdivision will be completed and the public utilities and other improvements required by the Board will be installed therein. If the approved time is exceeded, the bond or conditional approval may be exercised or the approval may be rescinded. Response: All existing utilities will be preserved to the extent feasible. Utilities T' for the house to be razed will be cut and capped in accordance with DPW and utility company requirements, and utilities will be extended for the house to be moved to new Lot 1. New utilities will be installed to serve Lot 1 if required. Construction is anticipated to commence upon receipt of all approvals (Fall, 2014 anticipated), and to be completed before Spring, 2015. 5.1.10 Type of Performance Guarantee A statement of the type of performance guarantee which the applicant plans to submit in the event of approval of the Definitive Plan. Response: The Applicant intends to enter into a Form I Subdivision Covenant to secure the performance of the proposed work, and is requesting a lot release for the lot on which no work will be performed (i.e., Lot 38). Proposed Drafts of Form I and Form J are attached as Exhibit D. {00081307,v1} Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT A DEED {{ } 5�. qq� aF ii {00081307;v1} • . Doc:98,005 04-07-2009 2214 Ctf'*=16052 *i Essex North Land Court Resistri3O CONSIDERATION NO TITLE SEARCH 1 DEED THIS DEED, made this 28th day of February, 2009, by and between MARC E. RUDICK and PAMELIA E. RUDICK, husband and wife as tenants by the entirety, both of 1046 Great Pond Road, North Andover, Massachusetts 01845-1204 ("Grantors") and PR INVESTMENTS LLC, a Maryland limited liability company with an address of c/o Marc E. Rudick, 1046 Great Pond Road,North Andover, Massachusetts 01845-1204, and MR INVESTMENTS LLC, a Maryland limited liability company with an address of c/o Marc E. Rudick, 1046 Great Pond Road, Nbrth Andover, Massachusetts 01845-1204, as tenants in common in equal shares("Grantees"). WITNESSETH, that, for consideration in an amount less than TEN AND 00/100 ($10.00)DOLLARS,the Grantors do grant and convey unto the Grantees,their successors and Aassigns, in fee simple, as tenants in common in equal shares, all of the Grantors' interest in w; and to that certain parcel of land situate in North Andover, in the County of Essex, nr 00 Commonwealth of Massachusetts,and more particularly bounded and described as follows: o Lot 35 Plan 16372) gi All of said boyndaries, except the water lines, are determined by the Court to be located as shown on Plan No. 163720, drawn by Andover . Consultants, Inc., Surveyors, dated June 5, 1990, as modified and approved by the Court, filed in the Land Registration Office,a copy of a portion of which is • I filed with Certificate of Title No. 10980,Book 80,Page 325. The above described land is subject to flowage rights as set forth in two grants; one made by John Adams et al to Joseph Kittredge et al, dated December 11, 1837,duly recorded in Book 504,Page 236, and the other made by John P.Foster et al to Nathaniel Stevens et al dated November 2, 1851,duly recorded in Book 504, Page 237, both recorded in the Essex South District Registry of Deeds. The above described land is subject to the flow of natural water courses running through the same and shown on said plan as Brooks. For Grantor's title,see Certificate of Title No. 184053. TOGETHER with the buildings and improvements thereon erected, made or being; • and all and every,the rights,alleys,ways, waters, privileges, appurtenances and advantages to the same belonging,or in anywise appertaining. EASr4236161 a.1 2/20/09 019330-000005 k I I I ' !' K TO HAVE AND TO HOLD the said condominium unit; above described and mentioned, and hereby intended to be conveyed; together with the rights, privileges, appurtenances and advantages thereto belonging or appertaining unto and to the proper use and benefit of the Grantees,their successors and assigns, in fee simple,as tenants in common in equal shares,forever. And the Grantors covenant that they will warrant generally the property hereby granted and will execute such further assurance of the same as may be requisite. WITNESS the hands and seals of the Grantors. WITNESS: il.L�/.� _ - (SEAT,) Ooi fJ MARC E.RUDICK • �� �-- Q- is id. (ji t (SEAL) W t case PAMELIA E.RUDIC STATE OF ,,('ftaf acI E' ) COUNTY OF efirf,k ) I HEREBY CERTIFY that on this Peday of February, 2009, before me,the subscriber, a Notary Public in and for the State aforesaid, personally appeared MARC E. RUDICK,known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing Deed and who acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and notarial seal. / tary Public • y Co , • Expires: cOMEwc J.SCAM iur° °"e ai..or>< • EAS7142361618.1 220/09 019330-000005 1; • • STATE OF ) COUNTY OF _ ) I HEREBY CERTIFY that on this p1(? lay of February, 2009,before me, the subscriber,a Notary Public in and for the State aforesaid,personally appeared PAMELIA E. RUDICK,known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing Deed and who acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and notarial seal. / tary Public y Commissi' Expires: Please return recorded Deed to: �PUBUO Kenneth S. Aneckstein,Esquire �"`°�°�° DLA Piper LLP(US) 6225 Smith Avenue Baltimore,Maryland 21209-3600 (410)580-4104 Please send real propelly tax bills to Mr.and Mrs.Marc E.Rudick 1046 Great Pond Road North Andover,MA 01845-1204 EAS'1M2361618.1 1110/09 019330-000005 ( E , eud ( ( � ( ( E ( [ [ . { ( � \ ( ( [ ( � \ � ( ( � \ { ( 0 o cit n r cam ¢ [ r $ , loo 2 g E 4 I - V } 0 0 � \ h _ { 4 i , I i k i ir: • • , , IN. v..• <* i c- ii --, . • , .., 1 , o P.d., A Ci r • • i in ‘r :3" • ■„„at , \,6%-ft.;.:,i si •••) , • N , 01" .,,„. ••• .c .-- : -.... 9 Lo ..-: • . , .- 1 1 t • +eat 4 4.44 gi ti.4.•,, [ , , ' Al' ta....Ai i- t iti , , A 2. ...: . i i .-....05 , .., .i. t i 1 i Cr) g CT) 1 L = I tg 1 acc i .= 1 C7, 1 i i ca . = i 1 r f ,. .1. t . t t i t t • 1- , f 1 t r , I t • 1 • , . t . t 1 t i t • , t • I , , 1 t I • , 1 t t i 1 • 1 t , i I • t _ . . 1 t it - . • it . , Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT B CERIFIED ABUTTERS LIST ` k.: {00081307;v1} t 1 Abutter to Abutter( ) Building Dept. ( ) Conservation (X ) Zoning ( ) I- 1 Town of North Andover Abutters Listing r REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shah mean the petitioner, €: r: abutters,owners of land directly oppoeiteon any public or private way,and abutters to abutters within (- three hundred(300)feet of the property Nne of the petitioner as they appear on the most recent applicable ( tax Nit,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." t' Sublect Property: F. MAP PARCEL Lima Ad 103 27 MR Investments do Marc Rudlck 1045 Great Pond Road,North Andover,MA 01845 Abutters Properties t E. OR aunt Min Address 103 2&3 Brooks School 1180 Great Pond Road,North Andover,MA 01845 t 103 24&129 S.B.French Family Realty Trust 1092 Great Pond Road,North Andover,MA 01845 103 25 Blue Heron Realty Trust 881 Turnpike Street,North Andover MA 01845 103 35 David Paclino 940 Great Pond Road,North Andover,MA 01845 103 40 Christine Sylvester 1027 Great Pond Road,North Andover,MA 01845 l' 103 41 Mark DiSalvo 1011 Great Pond Road,North Andover,MA 01845 103 125 John Blaeser 1116 Great Pond Road,North Andover,MA 01845 t 103 128 David Paollno 950 Great Pond Road,North Andover,MA 01845 t 103 132 Osprey Realty Trust 861 Turnpike Street,North Andover MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02114 t g 0 ti t F t This certifies that the names appearing on ilVb records of the As = ' k, -�% Date f_ DI/ Certified by,r7,--. / z 4 s Y Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum F EXHIBIT C LIST OF REQUESTED SUBDIVISION WAIVERS {E{� ggk 554 is { E&E Y:- tl` { {00081307;v1) SMOLAK & VAUGHAN . John T. Smolak, Esq. T: 978-327-5215 I F: 978-327-5219 A T T O R N E Y S AT L A N jsmolakCsmolakvaughan.corn September 18,2014 BY HAND John Simons,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Definitive Subdivision Approval-1046 Great Pond Road Request for Waivers of the Planning Board's Rules and Regulations Governing the Subdivision of Land,as amended (the "Rules"). Applicant Marc E. Rudick Dear Chairman Simons and Other Board Members: The following is the Applicant's request for waivers in connection with the request for approval of a definitive subdivision plan for 1046 Great Pond Road entitled "Definitive Subdivision Plan of Land,1046 Great Pond Road, North Andover, Massachusetts," dated September 17,2014,prepared by Christiansen&Sergi,Inc. (the "Plan") and submitted to the Planning Board as revised on September 18,2014. The Plan complies with the applicable provisions of the Rules except for the proposed deviations mentioned below. Pursuant to G.L. c.41, §81R,and Sections 2.7 and 5.1.8 of the Rules,the Applicant hereby requests that the Board waive the requirement of strict compliance with the following provisions of the Rules: 1. Section 5.1.5-Site Evaluation Statement. Request waiver of submission requirement for Environmental and Community Impact Analysis as provided under Section 5.4, since the residential Definitive Subdivision Application confirms that the Applicant is not proposing to create frontage for six (6) or more dwelling units, Section 5.4 of the Subdivision Regulations confirms that an Environmental and Community Impact Analysis is not required. 2. Sections 5.1.9 (Construction Schedule),Section 5.1.11,Section 5.25- Plan Requirements. Waivers requested because there will be no construction except for the razing and movement of one house and the construction of a driveway of approximately 86 feet in length to Great Pond Road for Lot 36. To the extent a construction schedule is required, the Applicant intends construction to commence upon receipt of all approvals (Fall,2014 anticipated),and to be completed before Spring,2015. 3. Section 5.2-Plan Form and Contents. Waive all requirements for plan form and contents except as shown on the Definitive Plan. Since plan will involve very limited construction and is designed to maintain existing improvements to the extent practicable,there is no need to prepare detailed construction specifications East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM SMOLAK & VAUGHAN LLP John Simons,Chairman Planning Board September 18,2012 for the driveway and other similar requirements,including a cover sheet,lot layout plan,grading, drainage and utilities plan, street plan and profile,typical sections, details and notes plan. Also requesting waiver from including the granted waivers on the approved Definitive Plan. Adequate information has been included on the Definitive Plan to enable it to be recorded in accordance with the requirements of the Essex North Registry of Deeds. Since very limited construction is being proposed,required test data under Section 5.6 is proposed a` to be waived. 4. Sections 5.3 and 5.4-Stormwater Report and Environmental and Community Impact Statement. Since very limited construction is proposed to raze one house and move an existing house approximately g`�onto a new foundation,and to construct an 86 foot long driveway from Lot 36 to Great Pond Road,there is no need for both a Stormwater Report or an Environmental and Community Impact Statement. 5. Section 5.7-Performance Guarantee;Section 5.8 Lot Release. We request the Board to vote to authorize the Board Chair to execute a Covenant and the issuance of a full release of Lot 38 from the Covenant. In accordance with Section 5.8,this letter serves as a formal request to release Lots 38 from the covenant to be executed as well as a waiver of the requirements for written evidence of satisfaction of construction and other related conditions prior to lot releases for this lot. 6. Section 5.14-As-Built Plans. Since very limited construction is proposed,a waiver from the requirement to prepare and submit as-built plans is requested. 7. Section 6.0-Requirements for Improvements and Design. Waiver requested from entire Section 6,including Sections 6.1 through 6.7 because no new improvements are being proposed other than a new driveway and relocated house,except for Sections 6.3.2 (Lot Dimensions). 8. Section 6.7.5-Street Numbers. Street numbers required to be assigned by DPW and included within the application to the Board. Proposed-Street numbers to be assigned by DPW after Definitive Approval. ' 9. Section 6.8,6.13, 6.14 and Appendices:Street Design Standards,Utilities and Storm Drainage: Waived since Project will not include constructed roadways but will use existing driveways and best management practices will be implemented for stormwater management. 10. Section 6.9. Granite Curbing. Required- granite curbing on all new streets. Proposed-no granite curbing. 11. Section 6.11. Sidewalks. Required-one side of street in accordance with specifications. Proposed-No Sidewalk Proposed. 12. Sections 6.12.1 and 6.12.3. Required—granite monuments. Waived-monuments are proposed 36-inch capped iron rods. 13. Section 6.18.Street Trees. Required-to be located within street ROW. Proposed: No Street Trees. 14. Section 6.21. Lighting. Required- street lighting at locations determined by the Board. Proposed-No Street Lighting. p 1 fi` - l t SMOLAK & VAUGHAN LLP John Simons,Chairman Planning Board September 18,2012 The waivers requested are designed to facilitate the reconfiguration of the single 1 parcel into three separate lots on which an existing dwelling will be located,and to provide legal access and frontage from Lots 2 and 3 via a proposed"paper" roadway to € Great Pond Road. As a result,no road construction other than the construction of a new foundation and a new driveway for Lot 36 is proposed, and if approved by the € Board,the Applicant intends to continue to use the existing driveway network 5- contained within the Property as the primary access points from Lots 37 and 38 to Great €' Pond Road. The waivers above are requested with the understanding that no construction is proposed on real property except for that work required to remove one of the dwellings from the Property,and to relocate a second dwelling onto a new f: foundation with driveway to be constructed on new Lot 36. For each waiver requested, there are reasons which are in the public interest and are consistent with the intent and 1 purpose of the Subdivision Control Law and the Rules to justify the waiver of strict l compliance with the respective provisions of the Rules. The granting of the requests will t be in the public interest because it will facilitate the conveyance of three separate lots comprising the Property in order to preserve both the aesthetic qualities of this segment € of the Great Pond Road corridor while at the same time minimizing earth disturbance on t a Property which abuts Lake Cochickewick but best management practices will be implemented. Note that no work will be performed within 400 feet from the Lake. The requests are consistent with the purposes of the Subdivision Control Law because the Plan will enable the Applicant to create a subdivision with the sole purpose of creating i legal frontage for Lots 37 and 38. Requests for Findings and Decisions 3 i The Applicant respectfully requests the Board to find that the proposed development is designed to provide sufficient roadway,utility and drainage services while preserving and enhancing the site's topographic features and that the requested waivers are in the public interest and are consistent with the Subdivision Control Law. Please feel free to contact my office with any further questions or concerns. i Sincerely, lf14 ohn T.Smolak JTS/ cc: Matthew Egge,Town Planner Curt Bellavance,Director,Community Development <' Town Clerk's Office (By Hand) _ 1 _ Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT D FORMS I AND J { Yq {h: {00081307;v1} NO R TN 4141 i o, <..w.: i * t 4P,1'.°447.071;‘:4°' 1 3'340410'PLANNING DEPARTMENT ... Community Development Division F Form I - COVENANT k t KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application, dated, September 17, 2014 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Definitive Subdivision Plan for Rudick Place in North Andover, MA, 1046 Great Pond Road, North Andover, Massachusetts, dated September 16, 2014, and has requested that the Board approve such plan without requiring a performance bond, t THIS AGREEMENT WITNESSED THAT, for the consideration that the North Andover Planning Board waive the aforesaid requirement for a bond, the undersigned covenants and agrees with the Town of North Andover as follows: il 1. The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application, and in accordance with the covenants, conditions and agreements thereof, (except for the following particular items of work, the performance of which shall be exempt from the I conditions of this contract): r 2. The undersigned agrees to record this agreement in North North Registry District of the Land Court as required by the ( Rules and Regulations of the North Andover Planning Board. t t 3. The undersigned agrees that this contract shall be binding upon his/her heirs, executors, and administrators, and particularly upon any grantees of the undersigned. i It is the intention of the undersigned, and it is hereby understood and agreed, that this contract shall constitute a I covenant running with the land. Lots within the subdivision shall respectively be released from the foregoing conditions 4 hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. s I. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. t IN WITNESS WHEREOF, the undersigned, applicant as aforesaid, does hereunto set his/her hand and seal this day of , 2014. I PR Investments, LLC (Co-Owner) MR Investments, LLC (Co-Owner) I BY BY: Marc E. Rudick, Managing Member, duly authorized. Marc E. Rudick, Managing member, duly authorized. Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn Edited 7/30/2007 Description of Mortgages (Give complete names and Registry of Deeds reference): None 1:11 Assents of Mortgages 1: COMMONWEALTH OF MASSACHUSETTS Essex County, ss. Date: _, 2014 On this day of , 2014, before me, the undersigned notary public, personally appeared Marc E. Rudick, as the duly authorized Managing Member of both PR Investments, LLC and MR Investments, LLC, proved to me through satisfactory evidence of u` identification, which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed as duly authorized Manager of PR Investments, LLC and MR Investments, LLC. Notary Public My commission expires: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com NORTH OE 4444 , cif N p 'SPIN,,TAO fins;`) SSlicHUSE PLANNING DEPARTMENT Community Development Division Form J — LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated , 2014 and registered in Essex North Land Registry District as Document No. , and noted on Certificate of Title No. in Registration Book , Page ) have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled Definitive Subdivision Plan for Rudick Place in North Andover, MA, 1046 Great Pond Road, North Andover, Massachusetts, dated September 16, 2014registered in said Land Registry District, Plan Book , Plan ) and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows: Lot 36, Lot 37 and Lot 38 (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) 38 on Road A which is an unnamed Street do conform to layout as shown on Definitive Plan entitled Definitive Subdivision Plan for Rudick Place in North Andover, MA, 1046 Great Pond Road, North Andover, Massachusetts, dated September 16, 2014Section N/A Sheet(s) 1 of 1 " Registered Land Surveyor Majority Of the Planning Board of North Andover 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com k' Edited 8/1/07 Y-- z COMMONWEALTH OF MASSACHUSETTS Essex County, ss. Date: , 2014 On this day of , 2014, before me, the undersigned notary public, personally appeared John Simons, as Chairman of the Town of North Andover Planning Board, proved to me through satisfactory evidence of identification, which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Town of North Andover Planning Board. Notary Public My commission expires: 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07