HomeMy WebLinkAboutRKACO LLC Town of North Andover Tot
Office of the Planning Department
`,C ommunity Development and Services Division W4
27 Charles Street 41
�orth Andover, Massachusetts 01845
Planning Director: ht!E./Zwww.townofnorthandover.com P (978) 688-9535
J.Justin Woods iwoods@tow-nofiorffiandover.com F (978) 688-9542
NOTICE OF DECISION
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Saville Street Definitive Subdivision
Conditional Approval
The public hearings on the above referenced applications were closed by the North Andover Planning Board
on March 25,2003.Present were Planning Board Chair John Simons,Vice Chair Alberto Angles,Clerk
Richard Nardella,Members Felipe Schwarz and George White,Associate Member Jams Phinney,Planning
Director J.Justin Woods,and Planning Assistant Debbie Wilson. Jack Soucy,P.E.,appeared on behalf'ofthe
applicant.
Nardella made,and Angles seconded,a motion to grant the Saville Street Definitive Subdivision to allow
one existing single-family residence and two new single-family residences on three lots. This three lot
Definitive Subdivision was requested by RKACO, LLC, Robert K. Ahern, Member, 1501 Main Street,
Tewksbury, MA 01876. The original application, excluding revised documentation, as cited herein, was filed
with the Planning Board on March 19,2002, with subsequent submittals and extensions on file. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Section 5.5 of Rules and
Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last revised February 1989, and
MGL Chapter 41, Section T. The area affected is on Saville Street, an existing paper street located off of
Wallace Street in the R-3 Zoning District. The motion to approve was subject to the FINDINGS OF
FACTS and CONDITIONS set forth in Appendix A to this decision(pages 2-6).
The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A definitive subdivision
permit requires a vote of at least three members of a five-member board. See MGL Chapter 41 Sections 8 1 K
to 81 GG and the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, last
revised February 1989. Accordingly, the Application for a Definitive Subdivision is conditionally
approved.
The applicant and abutters are hereby notified that should they disagree with this decision,they have
the right,under MGL Chapter 41,Section 81BB,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
Planning Director
Ve'N,orth Andover Planning Board: Voted:
John Simons,Chairman Y-N-Abst-N/A
Alberto Angles,Vice Chairman Y-N-Abst-N/A
Richard Nardella,Clerk Y-N-Abst-N/A
George White Y-N-Abst-N/A
Felipe Schwarz Y-N-Abst-N/A
James Phinney,Associate Member Y-N-Abst-N/A
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Saville Street
RKACO,LLC
3 Lot Definitive Subdivision
February 21,2003
Page 2 of 6
Appendix A
The Planning Board makes the following findings as required by Section 5.6 of the Town of North Andover
Rules and Regulations Governing the Subdivision of Land:
A. The Definitive Plan, which dated January 9, 2002 and last revised February 27, 2003, is
substantially complete and technically adequate,accept as amended herein.
B. The Definitive Plan has due regard for the provision of adequate access to all of the lots in a
subdivision by ways that will be safe and convenient for travel.
C. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
D. The Definitive Plan reduces danger to life and limb in the operation of motor vehicles. The
constructed paper roadway will provide better traveling,for the operation of motor vehicles versus
the current paper street.
E. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The
new roadway will provide better access for emergency situations.
F. The Definitive Pian 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.
G. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire
Department and has been found to be acceptable.
H. The Definitive Plan coordinates the ways in neighboring subdivisions. The new roadway will
enable future lots on the connecting paper streets to tie into the roadway.
I. The Definitive Plan conforms with the design and construction standards described in these Rules
and Regulations and in the attached Appendices with the exceptions of waivers granted in
Condition 19.
J. The Definitive Plan conforms with all applicable zoning requirements.
Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so
long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental monitor who
shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available
upon four(4) hours' notice to inspect the site with the Planning Board designated official. The Environmental
Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board
throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and
actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following:
a) A Site Opening Bond in the amount of ten thousand ($10,000) dollars to be held by the Town of
North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of
North Andover that will be placed into an interest bearing escrow account. A covenant (FORM 1)
securing all lots within the subdivision for the construction of ways and municipal services must be
submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as
required in Condition 5(c).
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Saville Street
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3 Lot Definitive Subdivision
February 21,2003
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b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the
subdivision.
c) All subdivision application fees must be paid in full and verified by the Town Planner.
d) The applicant must meet with the 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.
e) The Subdivision Decision for this project must appear on the mylars.
0 All references to variances on sheet 1 shall be changed to waivers.
g) A Development Schedule must be submitted for signature by the Planning Board, which conforms to
Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility
by quarter for all lots.
g) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules
and Regulations Governing the Subdivision of Land.
3) Prior to ANY WORK on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site.
b) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in
place and reviewed by the Town Planner.
4) Throughout and During Construction:
a) Dust, mitigation, and roadway cleaning must be performed weekly, or as deemed necessary by the
Town Planner,throughout the construction process.
b) Street sweeping must be performed,at least once per month,throughout the construction process, or more
frequently as directed by the Town Planner.
c) Hours of operation during construction are limited from 7 am to 5 pm., Monday through Friday and 8
a.m.—5 p.m.on Saturdays.
5) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of
the following documents: recorded subdivision approval, recorded Covenant (FORM 1), recorded Growth
Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as
proof ofrecording.
b) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fiord.
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.
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
d) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure
completion of the work in accordance with the Plans approved as part of this conditional approval. The
bond must be in the form acceptable to the North Andover Planning Board Items covered by the Bond
may include,but shall not be limited to:
i) as-built drawings;
ii) sewers and utilities;
iii) roadway construction and maintenance;
iv) lot and site erosion control;
V) site screening and street trees;
vi) drainage facilities;
vii) site restoration;
viii)final site cleanup.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 68$9540 PLANNING 688-9535
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3 Lot Definitive Subdivision
February 21,2003
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6) Prior to Building Permit issuance for an individual lot, the following information is required by the
Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(b)above.
b A lot plan for the lot in question must be submitted,which includes all of the following.
p P
wmg:
i) location of the structure;
ii) location ofthe driveways;
iii) location of the septic systems if applicable;
iv) location of all water and sewer lines;
v) location of wetlands and any site improvements required under a North Andover Conservation
Commission order of conditions;
vi) any grading called for on the lot;
vii) all required zoning setbacks;
viii)Location of any drainage,utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall
make final determination of appropriate measures.
d) Lot numbers,visible from the roadways must be posted on all lots.
e) An as-built plan must be submitted to the Division of Public Works for review and approval prior to
acceptance of the sewer appurtenances for use.
f) The sewer ejector plans and specifications shall be reviewed by the Board of Health.
g) The roadway must be constructed to at least binder coat of pavement to properly access the lot in
question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection
and testing of water, sewer, and drainage facilities has been completed The applicant must submit to the
Town Planner and the Department of Public Works an interim as-built, certified by a professional
engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet.
The interim as-built plan shall be prepared in accordance with the definition listed in Section 1.3.3 of the
Town of North Andover Subdivision Regulations and Section 5.14 of the Town of North Andover
Subdivision Regulations.
h) Two driveway permits for the new lots must be secured and all fees paid for from the Department of
Public Works,along with necessary sewer connection,water connection,and sewer mitigation permits.
i) The applicant shall adhere to the following requirements of the North Andover Fire Department and
the North Andover Building Department:
1) All structures must contain a residential fire sprinkler system. The plans and hydraulic
calculations for each residential system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each residential
system must also be supplied to the Building Department.
7) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required:
a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover
Board of Health,and Conservation Commission.
b) The residential fire sprinkler system must be installed in accordance with referenced standard NEPA
13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code.
Certification that the system has been installed properly in accordance with the above referenced
regulations must be provided from both the North Andover Fire Department and the North Andover
Building Department to the applicant. The applicant must then provide this certification to the North
Andover Planning Department.
c) Permanent house numbers must be posted on dwellings and be visible from the road
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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February 21,2003
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d) There shall be no driveways placers where stone bound monuments and/or catch basins are to be set. It
shall be the developer's responsibility to assure the proper placement of the driveways regardless of
whether individual lots are sold The Planning Board requires any driveway to be moved at the owner's
expense if such driveway is at a catch basin or stone bound position.
e) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a
minimum.
8) Prior to the final release of security retained for the site by the Town, the following shall be completed by
the applicant:
a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review
and approval, in accordance with Section 5.14 of the Town of North Andover Subdivision Rules and
Regulations.
b) The applicant shall petition Town Meeting for public acceptance of the street in accordance with Section
5.11 of the Town of North Andover Subdivision Rules and Regulations. Prior to submitting a warrant for
such petition the applicant shall review the subdivision and all remaining work with the Town Planner and
Department of PublicWorks. The Planning Board shall hold a portion of the subdivision bond for
continued maintenance and operations until such time as Town Meeting has accepted(or rejected in favor
of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper
easements have been recorded at the Registry of Deeds.
9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all approved plans
and conditions.
10) The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and
only with the review and approval of the Fire Department and Conservation Commission.
11) There shall be no burying or dumping of construction material on site.
12) The location of any stump dumps onsite must be pre-approved by the Planning Board
13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14) Gas,Telephone,Cable,Electric,and all utilities shall be installed underground.
15) The utilities must be installed and the streets or ways constructed to binder coat two years from this approval.
If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Beard
has not granted an extension by the above referenced date,this definitive subdivision approval will be deemed
to have lapsed
16) Any action by a Town Board,Commission, or Department which requires changes in the roadway alignment,
placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to
modification by the Planning Board.
17) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,
the carriers must submit revised plans to the Planning Board for approval.
18) As this is a private way, the Town of North Andover shall incur no obligation to provide any municipal
services including but not limited to plowing or trash pick up.
19) The Planning Board determined that the following waivers from the Rules and Regulations Governing the
Subdivision of Land, North Andover, Massachusetts, revised February 1989, are reasonable given the
specific circumstances of this subdivision and have no material adverse impact on the overall intent of the
aforementioned Rules and Regulations and therefore have been GRAN'T'ED:
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Saville Street
RKACO,LLC
3 Lot Definitive Subdivision
February 21,2003
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a) A waiver is granted from any requirement to install sidewalks.
b) A waiver is granted from any requirement for a flat approach at the roadway intersection.
c) A waiver is granted from the requirement of 40-foot radii pavement roundings at roadway intersections to
24-foot radii roundings.
d) A waiver is granted from the requirement of a minimum k value for crest vertical curves equal to 30,to a
minimum k value equal to 6.5
e) A waiver is granted from the requirement of the maximum permitted slope within a right-of-way of
314:1 V,to a maximum permitted slope of 0.5H:1 V.
20) This Definitive Subdivision Plan approval is based upon the following information
that is incorporated into this decision by reference:
Plan titled: Definitive Subdivision Plan,"Saville Street"
Located in
North Andover,Massachusetts
Dated: 3/27/2002,last revised 2/27/03
Applicant: RKACO,LLC,Robert K.Ahern,Member
1501 Main Street,Tewksbury,MA 01876
Engineer: John Soucy,No.39867
Civil/Site&Environmental Engineering,Land Development,
&Permit Acquisition
52 Washington Street
Newburyport,MA 01950
Sheets: 1 of 10
Scale: As Noted
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVA'T'ION 688-9530 HEALTH 688-9540 PLANNING 688-9535