HomeMy WebLinkAbout2011-10-18 Planning Board Supplemental Materials (3)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Decision – Definitive Subdivision Plan - Draft
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date:
October 18, 2011
Date of Hearing:
September 6, 2011, October
4, 2011
Date of Decision:
October 18, 2011
Petition of: George A. Haseltine, Trustee of the 2009 Salem St. Revocable Trust
66 Gilcreast Road
Londonderry, NH 03053
Premises Affected: 2009 Salem St., North Andover, MA, Assessors Map 108A, Parcel 2.
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 a roadway, the installations of stormwater management
infrastructure, the installation of underground utilities, the installation of underground water and septic
systems and grading in the R-2 Zoning District.
nd
APPROVE
After a public hearing given on the above dates, and upon a motion by X and 2 by X to the
Application for a Definitive Subdivision Plan
as amended and based upon the following conditions. A vote
in favor of
of 5 - 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Richard Rowen
Michael Colantoni
Timothy Seibert
Rickey Glover
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create three lots,
including lot 1 with 129,181 sq. ft., Lot 2 with 220,496 sq. ft., and Lot 3 with 54,923 sq. ft. The project is
located at 2009 Salem St., North Andover, Massachusetts, 01845, Map 108A, Parcel 2 in the Residential 2
(R-2) Zoning District. The application was filed with the Planning Board on August 4, 2011. The public
hearing on the above referenced application was opened on September 6, 2011, and closed by the North
Andover Planning Board on October 18, 2011. 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 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 Definitive Plan, which dated July 13, 2011, revised September 14, 2011, and September,
XX, 2011 is substantially complete and technically adequate, except as amended herein.
B) The Definitive Plan shows a Property Line Plan (Sheet 2 of 6) that depicts the creation of
three lots with the following area and frontage on a 50 ft. Right-of-Way shown on the plan
titled “Salem Woods”: Lot 1 with 129,181 sq. ft. and 150.76 ft. of frontage, Lot 2 with
220,496 sq. ft. and 334.36 ft. of frontage, and Lot 3 with 54,923 sq. ft and 388.40 ft. of
frontage. The Plan thus conforms to all applicable zoning requirements.
C) The Planning Board finds that the layout and design of the proposed roadway/common
driveway, hereinafter defined as the “Private Roadway,” (Sheet 2 of 6, Property Line Plan) 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 proposed plan shows an area of
approximately 6.3653 acres that will remain as “Conservation Land”, containing isolated
wetlands and endangered species.
D) The Private Roadway layout provides for use of an existing driveway, thus providing for
minimal disturbance in creating the new Roadway.
E) The Private Roadway layout provides adequate access to all of the lots in the subdivision that
will be safe and convenient for travel.
F) The Private Roadway layout and stormwater management systems as depicted in Sheet 4 of 6
(Drainage, Grading and Utilities Plan) has been found to provide a design that is compatible
with the surrounding neighborhood, that provides for adequate stormwater drainage, while at
the same time, providing for recharge of the existing isolated wetlands in the “Conservation
Area”.
G) The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
H) The Private Roadway depicted on the Definitive Plan reduces danger to life and limb in the
operation of motor vehicles. At the intersection of the new Private Roadway and Salem St.,
there are adequate sites lines, in both directions, of over 400 ft.
I) The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new Private Roadway will provide adequate access for emergency situations.
J) The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment, and other requirements
where necessary in a subdivision.
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
K) The Health Department has observed deep hole and percolation tests for all three lots and has
found sufficient soils to sustain a subsurface disposal system.
L) The Definitive Plan has been reviewed by the Fire Department and has been found to be
acceptable.
M) The Definitive Plan conforms with the design and construction standards described in these
Rules and Regulations, with the exceptions of waivers granted in Condition 2.
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 10 acre parcel of land with land fronting on Salem Street as shown on a
portion of Assessors Map 108A as Parcel 2, and also known as 2009 Salem Street, North
Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by Merrimack Engineering Services, 66 Park Street,
Andover, MA 01810, dated July 13, 2011, revised to September 14, 2011, October 6, 2011 and
October 14, 2011, consisting of Sheets 1 - 6, titled “Salem Woods A Single Family Subdivision,
located in North Andover, Massachusetts, record owner and applicant George A. Haseltine, as
Trustee of the 2009 Salem Street Revocable Trust, 66 Gilcreast Road, Londonderry, NH 03053.
C) The “Project” or “2009 Salem Street” refers to the construction of a three-lot subdivision,
including a roadway, 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
D) The “Applicant” refers toGeorge A. Haseltine, Trustee of the 2009 Salem St. Revocable Trust,
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.
F) The “Private Roadway” refers to that section of the roadway as depicted on Sheet 4 of 6 of the
“Plans”, Drainage, Grading and Utilities Plan Sheet, revised to October 6, 2011 and further revised to
October 14, 2011, starting at Station 100 + 26.13 up to and including Station 105 +47.02.
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 subdivision only contains 3 lots and
that the design of the roadway follows the path of the existing driveway and also follows a design that is
less intrusive than a standard subdivision road :
A) Section 5.2.5.4 Street Plan and Profile: Waiver from the requirement that a street plan and profile
be provided.
B) Section 6.4 Construction Specifications: Waiver from specifications for roadway construction
referenced in Appendices I through IV, to the extent that they are not applicable to the
subdivision as designed
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
C) Section 6.5 General Construction Procedures: Waiver from the procedures applicable to roadway
construction.
D) Section 6.8 Design Standards: Waiver from design standards applicable to roadway construction.
E) Section 6.9. No curbing is proposed.
F) Section 6.11. No sidewalks are proposed.
G) Section 6.15.2. No fire hydrants are proposed. The two new homes will be sprinkled.
H) Section 6.15.5 Municipal Water Supply Not Available: Waiver from the requirement that an
alternative water supply be proposed for fire protection. The two new homes will be sprinkled.
I) Section 6.18 Street Trees. Waiver from the requirement that street trees be required.
J) Section 6.20 No street signs are proposed.
K) Section 6.21. No street lighting is proposed.
L) Appendix V: Rules & Regulations Governing Stormwater Management. Waiver from those
requirements not satisfied the by drainage analysis submitted to and accepted by the Planning
Board.
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 are hereby
granted.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) The Private Roadway will remain private, to 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. The homeowner’s association will also be responsible for the maintenance, in
perpetuity, of the drainage swale along the roadway and for the infiltration basins located on lots 1
and 2.
2) 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.
3) 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
Prior to endorsement
of the plans by the Planning Board the applicant shall adhere to the following:
FORM I
A) A covenant () 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
2PRIOR TO LOTS BEING
covenant upon posting of security as required in Condition under “
RELEASED FROM THE STAUTORY COVENANTS
”.
five thousand ($5,000) dollars
B) A Site Opening Bond in the amount of 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 roadway is considered a private roadway, not a
public road.
D) Deed restrictions must be placed on Lots 1, 2 and 3 regarding the fact that the private roadway will
never be maintained by the Town and that it will never be accepted as a public road.
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
E) Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as noted in
Special Condition #3.
F) A homeowner’s association agreement, containing the specification for maintenance of the private
roadway and stormwater drainage structures, must be recorded.
G) Easement documents and maintenance agreements concerning the private roadway must be
submitted and reviewed and approved by Town Counsel as to form.
FORM M
H) The applicant must submit to the Town Planner a for all utilities and easements placed on
the subdivision.
I) All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
J) An updated Stormwater Pollution Prevention Plan (SWPPP) must be submitted, that addresses the
sequence of construction, to minimize exposed slopes and to protect areas proposed for infiltration.
It should also include detail regarding a stabilized construction entrance at the intersection of the
Private Roadway and Salem St.
K) The applicant must meet with the Town Planner in order to ensure that the plans conform to the
ninety (90) days
Board's decision. These plans must be submitted within of filing the decision with
the Town Clerk.
L) The Subdivision Decision for this project must appear on the mylars.
M) A Development Schedule must be submitted for signature by the Town Planner. The schedule must
show building permit eligibility by quarter for all lots.
N) 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.
O) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
P) The applicant will also provide a copy of the recorded Declaration of Restriction as required by
NHESP. (Natural Heritage Endangered Species Protection).
Q) The applicant shall designate a Construction/Environmental Monitor, if and as specified within the
Conservation Commission Order of Conditions, who shall be chosen in consultation with the
Planning Department and the Conservation Department.. The construction monitor must be
available upon four (4) hours notice to inspect the site with the Planning Board designated
official. The construction monitor shall make weekly inspections of the project and file monthly
reports to the Planning Board during the construction phase of the project. The monthly reports
shall detail area of non-compliance, if any, and actions taken to resolve these issues
R) 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 THE START OF CONSTRUCTION OR SITE WORK
A) The record plans and deed restrictions must be endorsed by the Planning Board and recorded by the
applicant at the Registry of Deeds.
B) 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
Prior to Endorsement of Plans
Condition #1 under “”.
C) 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.
D) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
E) 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.
In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
F)
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 BUILDING PERMIT
A) The private driveway for the lot, for which the Building Permit applies, must be constructed to binder
paving with stabilized shoulders and the drainage swale in place.
B) A Septic System Plan approved by the Board of Health must be provided for the lot.
C) A Plot Plan for the lot in question must be submitted to include the following:
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.
D) All appropriate erosion control measures for the lot shall be in place.
E) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
F) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
G) Lot numbers, visible from allthe Private rRoadways must be posted on all lots.
DURING CONSTRUCTION
A) 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.
B) 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.
C) 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.
D)
Hours of construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m. – 5 p.m. on
Saturdays, excepting interior construction.
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
The applicant must submit a lot release (FORM J) to the Planning Board for signature.
A)
B) A Performance Guarantee in an amount to be approved by the Planning Board and DPW 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:
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 site cleanup.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A) A granite post with the three “Salem Street” house numbers must be installed at the entrance to
the driveway. The location and size of granite post must be approved by the North Andover Fire
Department.
B) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
C) The lot must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
D) 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) 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.
F) 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.
G) The homes built on lots 1 and 2 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
A) 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.
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
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2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
C) 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.
D) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
GENERAL CONDITIONS
A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) 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, excepting interior construction.
D) 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.
E) 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.
F) 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.
G) The following information shall be deemed part of the decision:
Plan titled:
Salem Woods, A Single Family Subdivision, North Andover, Massachusetts
Prepared for
: 2009 Salem Street Realty Trust
66 Gilgreast Road
Londonderry, NH 03053
Prepared by:
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
North Andover, MA 01845
Scale:
1” = 40’
Date:
July 13, 2011, revisions September 14, 2011, October 6, 2011, October 14, 2011.
Sheets:
1-6
Drainage Analysis
Dated:
August 1. 2011, revised to September 15, 2011
Plan titled:
Pre-Development Subcatchment Areas
Sheets:
1
Application for Definitive Subdivision Plan
Received:
August 5, 2011
cc: Town Departments
Applicant
Engineer
8
2009 Salem Street
2009 Salem Street, “Salem Woods” Definitive Subdivision Plan Decision
Map 108A, Parcel 2
Abutters
Assessor
School Dept.
9