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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Decision—Definitive Subdivision Plan
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: October 6,2009
Date of Hearing: July 21,2009,September 15,
2009 and October 6,2009
Date of Decision: October 6,2009
Petition of William&Lynne Gillen
54 Spring Hill Road
North Andover,MA 01845
Premises Affected: Kelsey Lane,off Molly Towne Road North Andover,MA,Assessors Map
107A,Parcel 234.
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations Section 5.6 Decision:
So as to construct a three-lot subdivision, including leaving existing house on existing lot, two new
driveways, the installations of stormwater management infrastructure, the installation of underground
utilities,connections to existing water and sewer service and substantial grading in the R-2 Zoning District.
After a public hearing given on the above dates, and upon a motion by Richard Rowen and 2'by Michael
Walsh to APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the
following conditions.A vote of 5-0 was made in favor of the application.
On behalf of the North Andover Planning Board
John Simons,Chat
Richard Rowen
Michael Walsh
Timothy Seibert
Courtney LaVolpicelo
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots,
including Lot 1 with 144,334 sq.R,Lot 2 with 64,192 sq.ft.,and Lot 3 with 46,852 sq.ft. It should be noted
that Lot 1 contains the existing dwelling unit with address of 54 Spring Hill Road. The project is located at
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
off Molly Towne Road,between Spring Hill Road and Molly Towne Road in North Andover,Massachusetts,
01845,Map 107A,Parcel 234 in the Residential 2(R-2)Zoning District.The application was filed with the
Planning Board on July 1,2009. The public hearing on the above referenced application was opened on July
21, 2009, and closed by the North Andover Planning Board on October 6, 2009. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section IV of the Town of North
Rules and Regulations Governing the Subdivision of Land. The applicant also submitted a request for
Continuance on August 18,2009.
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:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings:
A. The Subdivision Proof Plan, dated May 19 and last revised September 15, 2009, and the
Definitive Subdivision Plan dated May 19,2009 and last revised September 14, 2009 are both
substantially complete and technically adequate,accept as amended herein.
B. The Subdivision Proof Plan and the Definitive Plan both show a Lot layout sheet(Sheet 2 of
5)that depicts the creation of three lots with the following area and frontage: Lot 1, 144,344
sq. ft. and 150.29 ft. of frontage on Spring Hill Road; Lot 2, 64,192 sq. ft. and 196.8 ft. of
frontage on Kelsey Lane;Lot 3,46,852 sq. ft.and 153.58 ft. of frontage on Kelsey Lane. The
Plan thus conforms to all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation
of two driveways,off the existing Right-of-Way, for Lots 2 and 3 is less intrusive than that of
a conventional subdivision road and that the design is more in keeping with the character of
the neighborhood. The applicant has provided a Subdivision Proof Plan with a conventional
subdivision road that would have been more intrusive and would have had much greater
impact on the natural topography and site features of the neighborhood and the surrounding
environment.
D. The proposed driveway layout provides for adequate access to the two new lots off Molly
Towne Road that will be safe and convenient for travel.
E. The roadway layout and stormwater management systems as depicted in Sheet 4 of 5 (Site
Grading Plan within definitive Subdivision Plan) has been found to provide a design that is
compatible with the surrounding neighborhood, that provides for adequate drainage and
stormwater management.
F. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
G. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
H. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations.
1. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment, and street lighting and
other requirements where necessary in a subdivision.
J. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire
Department and has been found to be acceptable.
K. The Definitive Plan conforms to the design and construction standards described in these
Rules and Regulations,with the exceptions of waivers granted in Condition 2.
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The"Locus"refers to the approximately 5.7 acre parcel of land with land fronting on Spring Hill
road and on Molly Towne Road as shown on a portion of Assessors Map 107A, Parcel 234, and
also known as 54 Spring Hill Road.,North Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Christiansen & Sergi 160 Summer St., Haverhill, MA
01830 dated May 19, 2009, revised to August 11, 2009, August 21, 2009, August 24, 2009,
September 14, 2009 and September 15, 2009 consisting of Sheets 1 - 5, titled "Definitive
Subdivision Plan for Kelsey Lane"and"Subdivision Proof Plan for Kelsey Lane", located in North
Andover, Mass, record owner and applicant William and Lynne Gillen, 54 Spring Hill Road,North
Andover,MA 01845.
C) The "Project" or"Kelsey Lane" refers to the construction of a three-lot subdivision, including a
lot containing an existing dwelling unit, two new driveways, the installations of stormwater
management infrastructure,the installation of underground utilities, connections to existing water
and sewer service and grading in the R-2 Zoning District
D) The"Applicant"refers to William and Lynne Gillen, the applicant for the Definitive Subdivision
Plan Approval.
E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
2) The roadway, utilities and stormwater management systems will be constructed according to the Plans,
with the following waivers granted by the Town of North Andover Planning Board, according to the
provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land.
These waivers are hereby granted in consideration of the fact that the design of the roadway was changed
from that of a conventional subdivision road to the less intrusive roadway design as presented on the
approved Definitive Subdivision Plan:
• Section 6.8.1 Table IA.Minimum pavement width for a local residential street is 26 ft.Two 12'
wide driveways are proposed.
• Section 6.8.1 Table IA. Minimum intersection comer curb radius is 40 ft. 5 ft.radius at the
driveways is proposed.
• Section 6.8.1 Table IA.A 50 ft.vertical curve is proposed,instead of the required 100 ft.
• Section 6.8.1 Table IA.No cul-de-sac is proposed.
• Section 6.9.No curbing is proposed.
• Section 6.11.No sidewalks are proposed.
• Section 6.15.2.No fire hydrants are proposed. There is a fire hydrant within 200 ft.of the current
driveway entrance to 166 Salem St.
• Section 6.18.1. No street trees are proposed.
• Section 6.21.No street lighting is proposed.
• Appendix I. "Driveway"construction will consist of an 8' gravel base,topped by a 2 'h' binder
course. The requirement is for 12' gravel base,with a 4' sub-base of crushed stone,a 4' binder
course and I 'W top course.
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
The following waivers have been granted for the Subdivision Proof Plan:
• Section 5.2.5.2.11. Requires proposed houses and grading be on lot layout sheet. All proposed
houses and grading to be shown on sheet 4—Site Grading Plan.
• Section 6.8.9.Requires flat grade for the first 100 ft. of roadway. A waiver is requested for a steeper
grade to accommodate site conditions.
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent
and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers we hereby
granted.
3) The rain gardens will be maintained by a homeowner's association, with the terms of ownership and
maintenance to be documented in the respective deeds for each lot in the subdivision.
4) All existing trees that are noted on the plan to remain will be maintained in perpetuity.
5) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
6) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part
or portion of the parcel. This restriction is to be documented in the respective deeds for each lot in
the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a. A covenant(FORM I)securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as required in Condition 5 under"PRIOR TO START OF
CONSTRUCTION".
b. A Site Opening Bond in the amount of one thousand ($1,000) dollars to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made out
to the Town of North Andover that will be placed into an interest bearing escrow account.
c. A notation must be placed on the plan noting that the driveways will be considered private
driveways,not a public road.
d. Deed restrictions must be placed on Lots 2 and 3 regarding the fact that the private driveways
will never be maintained by the Town and that will never be accepted as a public road.
e. Deed restrictions must be placed on all lots regarding the further subdivision of the lots,as noted
in Special Condition#6.
f Easement documents and maintenance agreements concerning the private driveway must be
submitted and reviewed and approved by Town Counsel.
g. The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
h. All drainage, water and sewage facilities designs shall be approved by the North Andover
Division of Public Works.
i. The location of all test pits should be noted on the plan,demonstrating that a minimum of 2 feet
of soils exist between the bottom of the rain gardens and the maximum high groundwater table,
as required by the Town of North Andover Subdivision Regulations,Appendix V,Section 5.c.
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
j. The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Board's decision. These plans must be submitted within ninety (90) days of filing the decision
with the Town Clerk.
k. The Subdivision Decision for this project must appear on the mylars.
1. A Development Schedule must be submitted for signature by the Town Planner. The schedule
must show building permit eligibility by quarter for all lots.
in. All documents shall be prepared at the expense of the applicant, as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
PRIOR TO THE START OF CONSTRUCTION
1) The record plans must be endorsed by the Planning Board and recorded by the applicant at the
Registry of Deeds.
2) Three (3) copies of the signed, recorded plans and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners' agreement and maintenance documents referred to in
Condition 3 under"Special Conditions".
3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site.
4) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
5) A Performance Guarantee in an amount of four thousand dollars($4,000), shall be posted to ensure
completion of the work in accordance with the Plans approved m part of this conditional approval.
The bond must be in the form acceptable to the North Andover Planning Board. Items covered by
the Bond may include,but shall not be limited to:
a. as-built drawings;
b. sewers and utilities;
c. roadway construction and maintenance;
d. lot and site erosion control;
e, site screening and street trees;
f drainage facilities;
g. site restoration;
h. final she cleanup.
6) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
7) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. The DPW will determine the amount of the contribution and evidence of DPW's
determination and a receipt for the contribution must be submitted to the Town Planner.
PRIOR TO THE ISSUANCE OF A BUHAING PERMIT
1) The private driveway must be constructed to binder paving with stabilized shoulders and the min
gardens in place.
2) A Plot Plan for the lot in question must be submitted to include the following:
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Any graded called for on the lot
e. Location of drainage,utility and other easements.
3) All appropriate erosion control measures for the lot shall be in place.
4) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
5) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
6) Lot numbers,visible from all roadways must be posted on all lots.
DURING CONSTRUCTION
1) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
2) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause 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 making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
3) 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 structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) House numbers for each lot must be posted so as to be seen from the street.
2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
4) It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
5) 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.
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Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
6) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
7) The homes built on lots 2 and 3 must be equipped with a home sprinkler system that will be installed
according to current building code standards. The sprinkler systems must be inspected and approved
by the North Andover Fire Department.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
1) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department.
2) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
4) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
2) Gas, Telephone, Cable and Electric utilities shall be installed underground m specified by the
respective utility companies.
3) The hours for construction shall be limited to between 7:00 a.m, and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m.on Saturday.
4) 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.
5) Any action by a Town Board, Commission, or Department,which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
7) The following information shall be deemed part of the decision:
Plan titled: Definitive Subdivision Plan for"Kelsey lane",located in North Andover,MA
Subdivision Proof Plan for"Kelsey Lane",located in North Andover,MA
Prcpared for: William&Lynne Gillen
54 Spring Hill Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi
7
Kelsey Lane Subdivision,off Molly Towne Road
Map 107A,Parcel 234
160 Summer St.
Haverhill,MA
North Andover,MA 01845
Scale: 1"=40'
Date: May 19, 2009, revisions August 11, 2009, August 24, 2009, August 21, 2009,
September 14,2009 and September 15,2009.
Sheets: 5
Application for Definitive Subdivision Plan
Received: July 1,2009
Narrative
Received: July 1,2009
Stormwater Management Report:
Received: July 1,2009,updated August 11,2009,August 21,2009 and September 15,2009.
W: Town Departments
Applicant
Engineer
Abutters
Assessor
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