HomeMy WebLinkAbout2011-07-05 Planning Board Supplemental Materials
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:
July 5, 2011
Date of Hearing:
February 15, 2011, June 21,
2011, and July 5, 2011
Date of Decision:
July 5, 2011
Petition of: Stephen Smolak
762 Dale Street
North Andover, MA 01845
Premises Affected: 288 Sutton Street
Assessors Map 52, Parcel 65.
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 five-lot subdivision, including
the construction of a roadway with a hammerhead turn-around, the installation of stormwater management
infrastructure, the installation of underground utilities, connections to existing water and sewer service and
substantial grading in the R-4 Zoning District.
nd
After a public hearing given on the above dates, and upon a motion by T. Seibert and 2 by C. LaVolpicelo
APPROVEApplication for a Definitive Subdivision Plan,
to the as amended, and based upon the
in favor of
following conditions. A vote of 3 - 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Timothy Seibert
Courtney LaVolpicelo
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
The Planning Board herein APPROVES the Application for a Definitive Subdivision to construct a five-lot
subdivision, including the construction of a roadway with a hammerhead turn-around, the installation of
stormwater management infrastructure, the installation of underground utilities, connections to existing water
and sewer service and substantial grading in the R-4 Zoning District, Map 52, Parcel 65. The application was
filed with the Planning Board on December 17, 2010. The public hearing on the above referenced
application was opened on February 15, 2011, and closed by the North Andover Planning Board on July 5,
2011. The applicant provided written requests for extensions on the following dates: April 30, 2011, May
30, 2011, June 30, 2011 and July 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:
A. The Definitive Subdivision Plan dated December 14, 2010 and last revised June 22, 2011 are
both substantially complete and technically adequate, accept as amended herein.
B. The “Lot Layout Plan (Sheet 2 of 5)” for the Definitive Subdivision Plan dated June 22, 2011
shows a lot layout that depicts the creation of five lots, each of which has frontage on
Mathews Way and each of which is at least 12,500 sq. ft. in area. The Plan thus conforms to
all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation
of a hammerhead turn-around, in place of a full cul-de-sac 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 Subdivision Conceptual 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 roadway layout provides for adequate access to the five new lots on Mathews
Way that will be safe and convenient for travel.
E. 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.
F. 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.
G. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways.
H. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
I. 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.
J. 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.
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
K. The Definitive Plan has been reviewed by the Department of Public Works and the Fire
Department and has been found to be acceptable.
L. 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:
A) The “Locus” refers to the approximately 2.8 acre parcel of land with land fronting on Sutton
Street as shown on a portion of Assessors Map 52, Parcel 65, and also known as 288 Sutton
Street, North Andover, Massachusetts.
B) The “Plans” refer to the plans prepared by Engineering and Surveying Services dated December
14, 2010, revised on February 10, 2011, March 31, 2011, April 20, 2011, May 10, 2011, June 22,
2011 consisting of Sheets 1 - 5, titled “Definitive Plan Mathews Way”, located in North Andover,
Mass, record owner Stephen Mathews 2302 Turnpike Street, North Andover, Ma and applicant
Stephen Smolak, 762 Dale Street North Andover, MA 01845.
C) The “Project” or “Mathews Way” refers to the construction of a five-lot subdivision, the
installations of stormwater management infrastructure, the installation of underground utilities,
connections to existing water and sewer service and grading in the R-4 Zoning District
D) The “Applicant” refers toStephen Smolak, 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 :
Sections 5.1.5, 5.4. The applicant is requesting a waiver from providing an Environmental and
Community Impact Statement, due to the small size of the project (5 Lots).
Section 5.2.5.3.10 Boring logs not shown on the plans.
Section 6.8.1 Table 1A. Minimum ROW width required is 50’. 40’ is proposed. Impervious area
will be decreased, making the subdivision compatible with the surrounding neighborhood.
Section 6.8.1 Table 1A. Minimum pavement width for a local residential street is 26 ft. 18’ is
proposed. Impervious area will be decreased, making the subdivision compatible with the
surrounding neighborhood.
Section 6.8.1 Table 1A. Minimum turnaround ROW radius and pavement diameter. Required
120’ radius and 100’ pavement diameter. Proposed hammerhead turnaround. Impervious area will
be decreased, making the subdivision compatible with the surrounding neighborhood.
Section 6.8.1 Table 1A. Minimum intersection corner curb radius is 40 ft.
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
Section 6.8.7 Permanent Cul-de-sac required. Dead-end street will be provided, with
hammerhead design. Impervious area will be decreased, making the subdivision compatible with
the surrounding neighborhood
Section 6.9. No curbing is proposed.
Section 6.13.3.VII. Side slopes shall be no greater than 4:1. The applicant is proposing 3:1
slopes, allowing for a more compact design that is more compatible with the surrounding
neighborhood.
Appendix V.3.G Nitrogen and/or Phosphorous Loading Report. No report files, due to the small
size of the project and the fact that the lots will be serviced by town sewer.
Section 6.11. No sidewalks are proposed, reducing impervious area.
Section 6.21. No street 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.
3) The roadway will remain private, 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, with a reference in the respective
deeds for each lot in the subdivision.
4) All drainage structures, including bio-retention areas, infiltration basins, grassed swales and drainage
channels will 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.
5) Trash pick-up and recycling pick-up services shall be the responsibility of the individual homeowners
and will not be the responsibility of the town, unless approved by the Department of Public Works.
6) All existing trees, with the exception of those trees that will be marked and approved for removal by the
Town Planner, as well as new street trees and trees used for screening for the dwelling unit located at 272
Sutton St. are to remain and will be maintained in perpetuity.
7) 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.
8) 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
1) 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
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
PRIOR TO ANY LOTS
covenant upon posting of security as required in Condition 2 under “
BEING RELEASED FROM THE STATUTORY COVENANT
”.
ten thousand ($10,000) 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 road will be considered private, not a
public road.
d. Deed restrictions must be imposed on all lots regarding the fact that the private road will never
be maintained by the Town and that will never be accepted as a public road.
e. Deed restrictions must be imposed on all lots regarding the further subdivision of the lots, as
noted in Special Condition #8.
f. A recorded Homeowner’s Association Agreement shall be submitted, containing the provision
that the street will be maintained and plowed by the Association and that the road will remain
private. Parking is prohibited along the west side of the road and the appropriate signs must be
posted. These restrictions will also be recorded on the deed for each lot. The Homeowner’s
Association Agreement will also document the maintenance of all drainage structures, as noted
in “SPECIAL CONDITIONS” #3 and #4.
FORM M
g. The applicant must submit to the Town Planner a 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.
j. 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.
k. 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.
l. A Development Schedule must be submitted for signature by the Town Planner.
m. 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.
n.
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.
o.
The applicant will provide copies of all Decisions, Notification and Orders of Conditions
from the North Andover Conservation Commission.
p. Easement documents, deed restrictions, 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.
q.
The applicant will also provide a copy of any decision made by the Zoning Board of Appeals
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
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
1) 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.
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 and 4 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 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.
6) 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
1) The applicant must submit a lot release (FORM J) to the Planning Board for signature.
2) 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:
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 BUILDING PERMIT
1) The private road must be constructed to binder paving with stabilized shoulders and the rain gardens
in place.
2) “No Parking” signs are to be installed on the western side of the street, in such intervals as may be
required by the Fire Department.
3) 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
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
c. Location of all water and sewer lines
d. Any graded called for on the lot
e. Location of drainage, utility and other easements.
4) All appropriate erosion control measures for the lot shall be in place.
5) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
6) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
7) 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.
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.
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Mathews Way, 288 Sutton Street
Map 52, Parcel 65
7) The 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
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 as 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 Plan Mathews Way”, located in North Andover, MA
Prepared for
: Stephen Smolak
762 Dale Street
North Andover, MA 01845
Prepared by:
Engineering and Surveying Services
70 Bailey Court
Haverhill, MA 01832
Scale:
1” = 40’
8
Mathews Way, 288 Sutton Street
Map 52, Parcel 65
Date:
December 14, 2010, revisions February 10, 2011 March 31, 2011, April 20, 2011,
May 10, 2011, June 22, 2011
Sheets:
5
Application for Definitive Subdivision Plan
Received:
December 17, 2010
Stormwater Management Report
:
Received:
December 17, 2010, updated February 14, 2011, March 31, 2011
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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