HomeMy WebLinkAbout2013-06-18 Planning Board Supplemental Materials (48)
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: September 20, 2011
Date of Hearing: August 17, 2010, November 16, 2010, December 21, 2010,
February 15, 2011, June 21, 2011, September 6, 2011. September 20, 2011,
Date of Decision: September 20, 2011
Petition of: GMZ Realty Trust
Route 125 & Bradford St.
North
Andover, MA 01845
Premises Affected: 1679 Osgood St., North Andover, MA 01845, Map 61, Parcels 16 and 34, and Map 31 Lot 4 within the R-2 and CDD3 zoning districts.
Referring to the
above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a nine-lot subdivision,
including the construction of a roadway with a cul-de-sac, a private right-of-way with a hammerhead turn-around, a private shared driveway, the installation of stormwater management
infrastructure, the installation of underground utilities, the installation of separate septic systems and separate water supplies and substantial grading in the R-2 and the Corridor
Development District 3 Zoning Districts.
After a public hearing given on the above dates, and upon a motion by T. Seibert and 2nd by M. Colantoni to APPROVE the Application for a Definitive
Subdivision Plan, as amended, and based upon the following conditions. A vote of 3 - 0 was made in favor of the application.
On behalf of the North Andover Planning
Board
John Simons, Chair
Timothy Seibert
Michael Colantoni
The Planning Board herein APPROVES the Application for a Definitive Subdivision so as to construct a nine-lot subdivision, including the construction of a roadway with
a cul-de-sac, a private right-of-way with a hammerhead turn-around, a private shared driveway, the installation of stormwater management infrastructure, the installation of underground
utilities, the installation of separate septic systems and separate water supplies and substantial grading in the R-2 and the Corridor Development Zoning Districts, Map 61, Parcels 16
& 34, and Map 31 Parcel 4. The application was filed with the Planning Board on July 16, 2010. The public hearing on the above referenced application was opened on August 17, 2010 and
closed by the North Andover Planning Board on September 20, 2011. The applicant provided written requests for extensions to the following dates: September 21, 2010, December 25, 2010,
January 31, 2011, February 28, 2011, April 30, 2011, July 30, 2011, September 30, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with
Section IV of the Town of North Andover 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:
The Definitive Subdivision Plan dated July 14, 2010 and last revised July 21, 2011 are both substantially complete
and technically adequate, except as amended herein.
The “Overview - Lot Layout Plan (Sheet 5 of 22)” for the Definitive Subdivision Plan dated July 21, 2011 shows a lot layout that depicts
the creation of nine lots, each of which has frontage on the new cul-de-sac or the new hammerhead turn-around and each of which is at least 43,560 sq. ft. in area. The Plan thus conforms
to all applicable zoning requirements.
The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of a cul-de-sac and hammerhead turn-around, in place
of two full cul-de-sacs is less intrusive than that of a conventional subdivision road and that the design is more in keeping with the character of the neighborhood. This design was
reviewed and approved for safety access by the North Andover Fire Department. The applicant has provided a Yield Plan, dated November 12, 2010 and updated July 14, 2011, with two conventional
cul-de-sac roads 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.
The
proposed roadway layout provides for adequate access to the nine new lots on Saracusa Way that will be safe and convenient for travel.
The roadway layout and stormwater management
systems as depicted in Sheet 3 of 4 (Grading and Drainage Plan) has been found to provide a design that is compatible with the surrounding neighborhood, that provides for adequate drainage
and stormwater management.
All Plans and related submissions were reviewed by the town’s outside consultants and were found to be in conformance with the Town of North Andover’s Rules
and Regulations Governing the Subdivision of Land.
The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent public ways.
The roadway depicted on the
Definitive Plan reduces danger to life and limb in the operation of motor vehicles.
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.
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.
The Definitive Plan has been reviewed by the Department of Public Works and the Fire Department and has been found to be acceptable.
The Definitive
Plan conforms to the design and construction standards described in the Subdivision 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:
The “Locus” refers to the approximately 16 acre
parcel of land with land fronting on Osgood Street and Bradford Street as shown on a portion of Assessors Map 61, Parcels 16 & 34 and Map 31 Lot 4, also known as 1679 Osgood Street,
North Andover, Massachusetts.
The “Plans” refer to the plans prepared by Jones & Beach Engineering, Inc. dated July 14, 2010, revised on 11/12/10, 01/07/11, 5/20/11, 6/21/11, 6/27/11,
6/30/11, 7/21/11, titled “Definitive Subdivision Plan Tax Map 61 Lots 16 & 34 & Tax Map 31 Lot 4 1679 Osgood Street & Bradford Street North Andover, MA”, located in North Andover, Mass,
record owner GMZ Realty Trust, 1679 Osgood Street, North Andover, Ma and applicant GMZ Realty Trust, 1679 Osgood Street, North Andover, MA 01845.
The “Project” or “1679 Osgood Street”
refers to the construction of a nine-lot subdivision, including the construction of a roadway with a cul-de-sac, a private right-of-way with a hammerhead turn-around, a private shared
driveway, the installation of separate septic systems and separate water supplies and substantial grading in the R-2 and the Corridor Development Zoning Districts.
The “Applicant” refers
to GMZ Realty Trust, the applicant for the Definitive Subdivision Plan Approval.
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.
A) Section 5.4.4.6 Traffic Impacts.
B) Appendix II-1. Pipes, culverts and Drains. The applicant is specifying ADS N-12 pipe in place of concrete
ASTM C-76 Class 4 pipes.
C) Appendix V-3.G Nitrogen and/or Phosphorous Loading Report.
The following waivers are requested for the ROW with cul-de-sac, identified on the Plan as Saracusa Way. 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 1A. Minimum pavement width is 26’. 24’ is proposed. Impervious area will be decreased, making the subdivision compatible with the surrounding neighborhood.
Section 6.8.1
Table 1A. Maximum Length (Roadway plus Turnaround). Maximum length is 600’. Proposed length is 1062’.
Section 6.21. No Street Lighting.
Section 6.9. No curbing is proposed.
The
following waivers are requested for the hammerhead turnaround:
A) Section 5.1.5 Site Evaluation and 5.4 Environmental and Community Impact Statement
B) Section 6.7.4. & 5.Street Name
& Numbers. Street to be named and numbers assigned subsequent to Definitive Plan approval.
C) Section 6.8. Streets – Design Standards. The applicant is proposing a 40 ft. wide ROW,
with 12’ of pavement and a hammerhead design, built according to the street construction specifications in Appendix 1.
D) Section 6.9, 6.11 and 6.21. Granite Curbing, Sidewalks and
Street Lighting. No Granite curbing, sidewalks or lighting is proposed
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. With respect to those waivers concerning development standards above, the
Planning Board also makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived requirements will not impair the functioning, long term maintenance
nor appearance of the future development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to the land shown on the Plan, and is consistent with
the Board’s development objectives.
The hammerhead turnaround (Lots 16-5, 31, &16-6), the common driveway (Lots 16-7&16-8), the gravel wetlands (Lot 16-1 &16- 2), the infiltration
ponds and sediment forebays (Lot 16-3) will remain private, in perpetuity, to be maintained by a homeowner’s association, such maintenance to include but not limited to snow removal,
pavement repair or replacement, with the terms of ownership and maintenance to be documented in the Homeowner’s Association Agreement, with a reference in the respective deeds for
each lot in the subdivision. An access easement for those lots that contain drainage structures shall be provided for maintenance of those structures.
All bio-retention areas (rain
gardens), infiltration basins, grassed swales and drainage channels that are located on individual lots shall be maintained in perpetuity by individual lot owners, with the terms of
ownership and maintenance to be documented in the respective deeds for each lot in the subdivision.
Upon acceptance of the road by the town of North Andover by vote at a Town Meeting, the road indicated on the plan as Saracusa Way shall be maintained by the town of North Andover.
This maintenance shall include stormwater drainage structures that are located within that ROW.
The wooded areas indicated on sheet A4 and A5 (designated on the plan as “Deed Restricted
Wooded No Cut Buffer”) are to remain and will be maintained in perpetuity. This condition shall be documented in a covenant, with reference to the covenant in the respective deeds for
each lot.
The Stormwater Pollution Prevention Plan and the Operations & Maintenance Plan shall be updated to reflect the ownership and maintenance responsibilities as outlined in Special
Conditions #3, #4 and #5.
The applicant shall obtain an approved Septic System from the Board of Health and shall present a modified plan to the Planning Board, with the approved Septic
System shown on that plan. The Planning Board will determine if a Modification of the approved Definitive Subdivision Plan is required.
The applicant must file an ANR plan to combine
the remaining land from the parcel noted as Map 31, Lot 4, “Non-buildable Lot”, with the parcel noted as Map 31, Lot 4
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:
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 2 under
“PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANT”.
An approved Septic System Plan must be presented to the Planning Board.
A Site Opening Bond in the amount of fifteen thousand
($15,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an
interest bearing bond account.
Easement documents, deed restrictions, covenants , Homeowner’s Association Agreements and maintenance agreements concerning the private road and the drainage
structures must be submitted and reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. The applicant
shall record all such documents with the Registry of Deeds and shall provide the Planning Board with a copy of the recorded documents.
Deed restrictions must be imposed on all lots regarding
the further subdivision of the lots, as noted in Special Condition #9.
The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision.
All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works.
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.
The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the list of waivers for this project must appear on the mylars.
A Development Schedule must
be submitted for signature by the Town Planner.
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.
The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning 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 throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues.
The
applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission.
The applicant will also provide a copy of any decision
made by any other town board regarding this subdivision. If, as a result of any decision made by another town board, the proposed plan as approved by the Planning Board is changed,
the Applicant shall provide those changes to the Planning Board for approval.
PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK
The record plans must be endorsed by the Planning
Board and both this decision and the plans must be recorded by the applicant at the Registry of Deeds.
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 and 4 under “Special Conditions”.
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.
All applicable erosion control measures must be in place and reviewed and approved by the Planning Department.
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 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 ANY LOTS BEING RELEASED FROM THE STATUTORY
COVENANTS
The applicant must submit a lot release (FORM J) to the Planning Board for signature.
A Performance Guarantee in an amount to be determined by the town’s engineer and by
the Town Planner, 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:
as-built drawings;
sewers and utilities;
roadway construction and maintenance;
lot and site erosion control;
site screening and street trees;
drainage facilities;
site restoration;
final site cleanup.
PRIOR TO THE ISSUANCE
OF A BUILDING PERMIT
All roads depicted on the plan, including Saracusa Way, the common driveway and the hammerhead turnaround, must be constructed to binder paving with stabilized
shoulders and the rain gardens in place.
A Plot Plan for the lot in question must be submitted to include the following:
Location of the structure
Location of the driveway
Location
of all water and sewer lines
Any graded called for on the lot
Location of drainage, utility and other easements.
All appropriate erosion control measures for the lot shall be in place.
All
catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction.
The lot in question shall be staked in the field. The location
of any major departures from the plan must be shown.
Lot numbers, visible from all roadways must be posted on all lots. Granite markers with house numbers visible shall be installed
at the entrance to the common driveway and the hammerhead turnaround driveway. All lots will have a Saracusa Way address.
DURING CONSTRUCTION
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.
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.
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
House numbers for each lot must be posted so as to be seen
from the street.
All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety.
All lots must be raked, loamed and seeded, sodded or mulched, if the weather
does not permit seeding or sodding.
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.
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.
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.
All homes 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 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.
The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan.
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.
The private driveway and all stormwater management systems must be constructed according to the plans approved by the Planning Board
GENERAL CONDITIONS
The
contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
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.
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.
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.
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.
The following information shall be deemed part of the decision:
Plan titled: “Definitive Subdivision Plan, Tax Map 61 Lots 16, 34, and Tax Map 31 Lot 4, 1679 Osgood
St. & Bradford St., North Andover, MA
Prepared for: GMZ Realty Trust
Route 125 & Bradford St.
North Andover, Massachusetts
Prepared by: Jones and Beach Engineering, Inc.
85
Portsmouth Ave, PO Box 219
Stratham, NH 03885
Scale: 1” = 60’
Date: July 14, 2010, revised on 11/12/10, 01/07/11, 5/20/11, 6/21/11, 6/27/11, 6/30/11, 7/21/11,
Sheets: 1 - 22
Application
for Definitive Subdivision Plan
Received: July 16, 2010
Drainage Analysis, Sediment and Erosion Control Plan and Stormwater Pollution Prevention Plan:
Received: July 12, 2010, updated
May 18, 2011, January 8, 2011 and June 30, 2011
cc: Town Departments
Applicant
Engineer
Abutters
Assessor