HomeMy WebLinkAbout0 METHUEN AVENUE Of NOFT a,ti
° bED
20I I SEP -9 PM 2 29
9SSACHnSEt
t�ASS.4C�iL'S:=TT3
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 6,2011
Date of Hearing: June 2l,2011,Sept.6,2011
Date of Decision: September 6,2011
Petition of: Applewood Construction Corp
315 Middlesex Road,Unit 3
Tyngsboro, MA 01879
Premise Affected: 0 Methuen Ave.,North Andover,MA,Assessors Map 73,Parcel 30.
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 single-lot subdivision, including the extension and construction of an existing Roadway
(Methuen Avenue)so that it has sufficient width and grade and meets the town's requirements according to
section 6.8 of the Town's Subdivision Regulations; the construction of a driveway; the installation of
stormwater management infrastructure;the installation of underground utilities;connections to existing water
and sewer service and substantial grading in the R4 Zoning District.
After a public hearing given on the above dates, and upon a motion by Richard Rowen and 2' by Michael
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 lication. _
�
half of the No j rdove Board
John Simons,Chair i'
Timothy Seibert
Michael Colantoni
1
0 Methuen Ave.,Definitive Plan/Roadway Improvement
Map 73,Pareel 30
The Planning Board herein APPROVES the Application for a Definitive Subdivision to improve an existing
roadway, create a new driveway and to provide stormwater improvements for an existing lot located on
Methuen Avenue.The project is located off Sutton Street in North Andover,Massachusetts, 01845,Map 73,
Parcel 30 in the Residential 4 (R-4) Zoning District. The application was filed with the Planning Board on
April 21, 2011. The public hearing on the above referenced application was opened on June 21, 2011, and
closed by the North Andover Planning Board on September 6, 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 Subdivision Plan, dated March 22, 2011 and last revised August 22, 2011, is
substantially complete and technically adequate,accept as amended herein.
B. The Definitive Plan both shows a Lot layout sheet(Sheet 1 of 3)that depicts the existing lot
with the following area and frontage: Lot 1, 13, 850 sq. ft. and 100 ft. of frontage on Methuen
Avenue. The Plan thus conforms to all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the
extension of the existing Roadway(Methuen Avenue)and the creation of a driveway to serve
the single lot is less intrusive than that of a conventional subdivision road and that the design
is more in keeping with the character of the neighborhood.
D. The Definitive Plan application is required due to the fact that Lot 1 does not have the
required frontage on Methuen Avenue. The Definitive Plan process allows the layout and
construction of a roadway extension to serve an existing lot.
E. The roadway layout and stormwater management systems as depicted in Sheet 2 (Plan
Profile)and 3 of 3 (Plan Details) 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,by providing access only to Lot 1.
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 thein comments have been incorporated into this decision and into the final
Plan.
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.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
2
0 Methuen Ave.,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
1) Permit Definitions:
A) The"Locus"refers to the Lot consisting of.31 acre parcel of land with land fronting on Methuen
Avenue as shown on Assessors Map 73, Parcel 30, and also known as 0 Methuen Ave., North
Andover,Massachusetts.
B) The `Plans" refer to the plans prepared by Merrimack Engineering Services, 66 Park Street,
Andover, MA 01810 dated March 22,2011,revised to August 22, 2011,consisting of Sheets 1 -
3,titled"Methuen Avenue in North Andover,Ma".
C) The "Project" or "0 Methuen Ave" refers to the improvement of an existing roadway, the
creation of a new driveway and the provision of stormwater improvements for an existing
lot located on Methuen Avenue. The project is located off Sutton Street in North
Andover, Massachusetts, 01845, Map 73, Parcel 30 in the Residential 4 (R4) Zoning
District.
D) The "Applicant" refers to Applewood Construction Corp., 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.The waivers are also granted in light of the fact that the project is
small in scope,since the roadway extension will serve only 1 lot. :
• Section 5.4 Environmental and Community Impact Statement. Project is small in scope.
• Section 6.8. Streets—Design Standards. The applicant is proposing a 56 ft. extension of the
existing roadway,built according to the street construction specifications in Appendix 1.
• Section 6.14&Appendix V Storm Drainage and Rules and Regulations Governing Stormwater
Management. Drainage Calculations were submitted for the Stormwater System.
• Section 6.9.Curbing.Project is small in scope.
• Section 6.11. Sidewalks.Project is small in scope.
• Section 6.21. Street Lighting. Project is small in scope.
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.
3) The drainage swale on Lot 1, the extension of Methuen Ave. as shown on the approved plan and the
porous pavement driveway will be maintained by the owner of Lot 1, with the terms of ownership and
maintenance to be documented in the respective deeds for that lot.
3
0 Methuen Ave,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
4) The roadway extension and driveway will remain private,with the terms of ownership and maintenance
to be documented in the respective deed for the new lot, as shown on the approved plan. The deed
language must state that the porous pavement driveway must not be seal-coated.
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 deed for the let 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 1) securing the lot within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lot 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 rive thousand ($5,000) 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.
c. A notation must be placed on the plan noting that the roadway extension and the driveway will
be considered private driveways,not a public road.
d. Deed restrictions must be placed on all the lot regarding the further subdivision of the lot, as
noted in Special Condition 46.
e. Easement documents and maintenance agreements concerning the private driveway must be
submitted and reviewed and approved by Town Counsel.
E The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
g. All drainage, water and sewage facilities designs shall be approved by the North Andover
Division of Public Works.
h. The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The monitor must be available upon four (4)
hours notice to inspect the site with the Planning Board designated official. The 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 areas of non-
compliance, if any,and actions taken to resolve these issues.
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
Board's decision. These plans must be submitted within ninety (90) days of filing the decision
with the Town Clerk.
k. The Subdivision Decision and the list of waivers for this project must appear on the mylars.
I. A Development Schedule must be submitted for signature by the Town Planner. This document
must include the schedule for the construction of the porous pavement driveway.
in. Porous pavement material and installation shall be consistent with 2009 UNHSC design
specifications,including use of polymer modified performance asphalt binder(PGAB).
4
0 Methuen Ave,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
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 shall apply to the Conservation Commission for the required permits for any work
that will be done within 100 ft.of a wetland area.
p. An Erosion and Sedimentation Control Plan, which will be implemented during construction,
will be submitted. This plan will specifically address construction sequencing for preserving the
integrity and infiltration capacity of the porous pavement driveway.
q. An Operations and Maintenance Plan will be submitted which will address the on-going
maintenance of the roadway extension,the porous pavement driveway and the drainage Swale.
PRIOR TO THE START OF CONSTRUCTION, SITE WORK or ISSUANCE OF A
FOUNDATION PERMIT
1) The record plans must be endorsed by the Planning Board and recorded by the applicant at the
Registry of Deeds.
2) Tbree (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, Lot Deed language 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 he 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 THE ISSUANCE OF A BUILDING PERMIT
1) The private driveway must be constructed to binder paving with stabilized shoulders and the
drainage swale in place.
2) 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
a Location of all water and sewer lines
d. Any graded called for on the lot
e. Location of drainage, utility and other easements.
3) A Performance Guarantee in an amount to be determined by DPW and the Town Planner, shall be
posted to ensure completion of the work in accordance with the Plans approved as part of this
conditional approval. In determining the amount of the bond,consideration shall be given to the fact
that the applicant has posted a$5,000 Site Opening Bond,as required in Section Lb of this decision.
5
0 Methuen Ave.,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
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, including but not limited to a repaving of the
existing portion of Methuen Avenue;
d. lot and site erosion control;
e. site screening and street trees;
f. drainage facilities;
g. site restoration;
h. final site cleanup.
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 the lot.
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) The house numbers for the 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) The lot must be raked, loaned 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 driveway. 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.
6
0 Methuen Ave.,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
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.
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 Subdivision Plan for"0 Methuen Ave",located in North Andover,MA
Prepared for: Applewood Construction
315 Middlesex Road
Tyngsboro,Ma 01879
Prepared by: Merrimack Engineering Services
7
0 Methuen Ave.,Definitive Plan/Roadway Improvement
Map 73,Parcel 30
66 Park Street
Andover,MA 01810
Scale: 1"=40'
Date: March 22,2011,revisions May 13,2011 and August 22,2011
Sheets: 3
Application for Definitive Subdivision Plan
Received: April 21,2011
Stormwater Management Report:
Received: May 20,2011,revised July 29,2011
Erosion and Sedimentation Control Plan
Received: July 29,2011
Operations&Maintenance Plan:
Received: July 29,2011
cc: Town Departments
Applicant
Engineer
Assessor
8
RECEIVED
d WMM
TM"" •, rny.p r, f T=
2011 JUL 14 AN 9: 16
Town of North Andover
T
"ea tNficeofthe Planning Department NORTH
(I A;Ai;!
Community Development and Services Division MASSACF1
P(979)688-9535 1600 Osgood Street
F(978)688.9542 Building 20,Suite 2-36
North Andover,Massachusetts 01845
DEFINITIVE SUBDIVISION EXTENSION
Agreement to ex me required to take action on a Definitive Subdivision Plan
1. On April.2011 an application was received by the North Andover Planning Board
(date)
submitted by ADplewood Construction Corp., by Its attorney Scott Erlksen
(name of applicant or applicant's representative)
0 Methuen Ave for a Definitive Subdivision under (street address of subdivision)
Massachusetts General Law(MGL),Chapter4l,Section 81U.
2. Pursuant to MGL,Chapter 41,Section 81U,the Board and the Applicant hereby mutually agree
that the time tbin which the Board shall take action on said application is hereby extended to
end on 9 3 1 which shall be one which complies with the time-
(date)
period requirements of MGL,Chapter4l,Section 81U,forthe Planning Board to take final
action on a Definitive Subdivision Plan.
For the North Andover Planning Board
By: 11"X— l' e4 X0710 �" By: EL g
(Plannl Board Chairman designee) Q:Iiia of appllcant,Title) .
Date: /
Filed with Town Clerk:
BOARD OF APPEALS 6884541 BUILDI1,106884545 CONSERVATION6884530 HEALTH688-9540 PIANNM0689-9535
110930 DEFINITIVE SUBDIVISION EXTENSION je
Upd"928110
i
1 Scott j.Erikseo,Esq.
i'i TIER- <t
61 GIDwlae Lune
North Andover,MA-018
,
TeL 978397-9001
April 7,2011 2011 APR 15 Pit 1. 14 wo"eOkSe°f'ma1'coa
2011 RPR -8 AFI 6: 56
BY HAND . -;. ..
Town of North Andover Planning Department MIS „
do Judith Tymon,Town Planner
1600 Osgood Street
Building 20, Suite 2-36
North Andover,MA 01845
Re: Application for Approval Not Required and Proposed Roadway Improvement Plan
0 Methuen Avenue,North Andover.Massachusetts
Dear Ms.Tymon:
Enclosed please find the following in connection with the above-referenced application:
1. Two copies of a time-stamped Application for Approval Not Required(Form A);
2. Two full sized sets of Proposed Roadway Improvement Plans;
3. Three additional sets of Proposed Roadway Improvement Plans(11"x i T�;and
4. A filing fee in the amount of$100.00.
The subject premises is an existing parcel with no new lot divisions and has frontage on Methuen
Avenue(a way shown on a plan of a subdivision recorded at the Essex North District Registry of
Deeds in 1925 as Plan No. 609).
As you may recall, the Applicant presented its plan for the proposed roadway improvement to
the Planning Board at the regularly scheduled meeting on February 15, 2011. The Planning
Board requested that the applicant provide a Proposed Roadway Improvement plan and drainage
analysis for review by the Town's engineer.
We would appreciate it if you would schedule this application for public hearing at your next
available meeting date. If you should have any questions,please do not hesitate to contact me.
Res ly,
Sco .EAsen, Esq.
Enclosures
ce: Applewood Construction Corp.
Prirrt:Form
of p�
I 9
F i4�
M`i.k44
m .A Alk pka .vn -0.-APPROVAL NCC'. =+ KD
DATE:
Bing three application fortes to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name or Applicant:Applewood Construction Corp.
Addre,,315 Middlesex Road, Unit 3,Tyngsborough, MA 01879
2.- Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]:
0 Methuen Avenue, North Andover, Massachusetts
Assessors Map 13, LotZoningDistrict)
3. Deed Reference: Book 1337 Page 410
or Certificate of Title: f'�\
4. Name of Surveyor:Mme cEoine4qq Services
Address: 66 Park S t, 10
Signature of 0vas[Is): _
Address: 7:551``77 V F tib 1 1 l
Page 1 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.6881542 web wrrvrlewaaieor'kondovetrom .
Edited 8/1/07
I
Please indicate the grounds (either A, B,C or D, not a combination)on which you believe your plan not to be a
subdivision.
A. Each lot on the plan meets one of the following criteria:
I. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk cedfies is maintained&used as a public way,or
c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan or
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
❑B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot, or
b)labeled "Not A Building Lot".
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
❑Q D. Theplan shows an existing parcel with no new lot division(s)and has frontage on a way described above.
Received:Town of North Andover Town Clerk(date stamp): -
Signature of Town Official receiving this application:
Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval unr)er the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. --
2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by
G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control La N.
Very truly yours,
North Andover Planning Board
By: ll fo/�i
D
Page 1 of 2
1600 Osgood Street,North Andover,6169.20,Suite 2-36 Planning Dept.,Massachusetts 81845
Phone 976.688.9535 Fax 978.688.9542 Web .
Edited 8/1/07
ScottJ.Eiks E.g.
North Andob MA O1 M5 -'
TeL 978-397-9001
April 7,2011
BY BAND
Town of North Andover Planning Department
clo Judith Tymon,Town Planner
1600 Osgood Street
Building 20, Suite 2-36
North Andover,MA 01845
Re: Application for Approval Not Required and Proposed Roadway Improvement Plan
0 Methuen Avenue,North Andover,Massachusetts
Dear Ms. Tymon:
Enclosed please find the following in connection with the above-referenced application:
1. Two copies of a time-stamped Application for Approval Not Required(Form A);
2. Two full sized sets of Proposed Roadway Improvement Plans;
3. Three additional sets of Proposed Roadway Improvement Plans(11"x 17"); and
4. A filing fee in the amount of$100.00.
The subject premises is an existing parcel with no new lot divisions and has frontage on Methuen
Avenue(a way shown on a plan of a subdivision recorded at the Essex North District Registry of
Deeds in 1925 as Plan No. 609).
As you may recall, the Applicant presented its plan for the proposed roadway improvement to
the Planning Board at the regularly scheduled meeting on February 15, 2011. The Planning
Board requested that the applicant provide a Proposed Roadway Improvement plan and drainage
analysis for review by the Town's engineer.
We would appreciate it if you would schedule this application for public hearing at your next
available meeting date. If you should have any questions;please do not hesitate to contact me.
aJ' E
en,Esq.
Enclosures
cc: Applewood Construction Corp.
Printform
AOP. 1.
of �'sc
x o"
`i
rc ��
DATE:
Bring three application fomes to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Nam of Applicant:Applewood Construction Corp
Address:315 Middlesex Road Unit 3 Tyngsborough MA 01879
2. Location and Description of Property[nclude Assessors Map and Lot and Zoning District(s)]:
0 Methuen Avenue, North Andover,Massachusetts
s aP 3, Lotmg i ct
3. Deed Reference: Book 1337 page 410
or Certificate of Title:
4. Name of S�664Park,,'
r: M mm c i eddn Services
Address: t, ,M 10
Signaturee ):Address: xt V G1 n) ki f W6ClU
Irn
&e 446Jvd dnv7+
Page 1 of 2
1600 Osgood Street,North Andover,Eldg.20,Suite 236 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web-=r •'w� "^"da�'at - T
Edited 8/l/07
Please indicate the grounds(either A,B, C or D, not a combination)on which you believe your plan not to be a
subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage, lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk certifies is maintained&used as a public way,or
c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan ,or
J)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot, or
b) labeled "Not A Building Lot".
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
Ox D. The plan shows an existing parcel with no new lot division(s)and has frontage on away described above
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Notice to APPLICANT(TOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law, and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s.81-L and must,therefore,be resubmitted for approval under the Subdivision Control L.aw.
Very truly yours,
North Andover Planning Board
By:
Date:
Page 2 of 2
1608 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 81845
Phone 978.688.9535 Fax 978.688.9542 Web
Edited 8/1107
AFFIDAVIT OF AUTHORITY
Before me,the undersigned Notary Public,on this y-day of &,A 2011,
personally appeared Ronald Pollina,known to me to be a credible person and of lawful
age,who being by me first duly sworn,on his oath,deposes and says:
1. I,Ronald Pollina, am the current owner of certain property located in North Andover,
Massachusetts and more particularly described as 0 Methuen Avenue (Assessor's
Map 73,Lot 30)(the"Premises");
2. I have entered into a purchase and sale agreement (the "Agreement') to sell the
Premises to Applewood Construction Corp. or nominee(the"Potential Buyer');
3. Pursuant to the Agreement, I have agreed to cooperate with and authorize the
Potential Buyer to obtain all necessary approvals and permits for the construction of a
single family residence on the Premises;
4. I hereby confirm that I have authorized the Potential Buyers to apply to all federal,
state and local authorities necessary to obtain all permits and approvals necessary to
construct improvements on the Premises.
By: Aau /0911,H.st-
Ronald Pollina
[Printed name and title of affiant]
Rhoda. V. P4ZZ;r20-,
[Printed address of affiant]
COMMONWEALTH OF MASSACHUSETTS
County of , as.
incl Q['ted�,
On this y qday of Pe"( 2011,before me,the undersigned notary public,
personally appeared Ronald Pollina, and proved to me through satisfactory evidence of
identification which was AA Dt a o [r „�� ,to be the person whose name is
signed on this Affidavit and acknowledged t t he signed it voluntarily for its
stated purpose.
NwaabA of Notary] ISiq SCO iT J�KSKStn
M commission expire i' Rdih
Y �i ���rrr:s
casr -
a rt.re
SCOTT J. ERIKSEN, ESQ.
ATTORNEY AT LAW
SCOT r.ERIKSEN@GMAIL.COM
April1 22011 2011 APR 21 '.ii Ik 10
BY HAND kI G n
Town of North Andover Planning Department
c/o Judith Tymon,Town Planner
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
Re: Application for Definitive Subdivision
0 Methuen Avenue,North Andover,Massachusetts
Dear Ms. Tymon:
Enclosed please find the following in connection with the above-referenced application:
1. Two copies of a time-stamped Application for Definitive Subdivision(Form C);
2. Two full sized sets of Proposed Roadway Improvement Plans;
3. Three additional sets of Proposed Roadway Improvement Plans (1 I"x 17");
4. A proposed covenant in lieu of performance bond;
5. A filing fee in the amount of$1,325.00; and
6. A project review fee in the amount of$1,000.00.
(Nate: A PDF copy of the plans were previously submitted in an email to the Planning
Department assistant dated April ll, 2011)
At your suggestion, we have prepared the enclosed Definitive Subdivision Application in
connection with the proposed improvements to the above-referenced parcel. As you know, the
applicant is planning to construct a single family home on the subject parcel. The subject parcel
is an existing lot with no new lot divisions and has frontage on Methuen Avenue (a way shown
on a plan of a subdivision recorded at the Essex North District Registry of Deeds in 1925 as Plan
No. 609). _
When we spoke on the telephone on Wednesday, April 131h, .you indicated that you would
coordinate circulation of the electronic copy of the plan to the Town Boards and Departments
pursuant to Step Four of the instructions for filing an Application for Definitive Subdivision.
Waivers Requested
As is evident from the attached plan (and was discussed at a meeting before the Planning Board
on February 15, 2011), the applicant is not planning to construct a full roadway to access the lot.
Due to the unique nature of this particular property, chiefly the fact that this is an existing lot
with frontage along a private, paper way, the applicant plans to construct a driveway instead of a
61 GRANVILLE LANE, NORTH ANDOVER, MASS. - TEL. 978.397.9001
fully conforming way. The applicant believes this course of action will minimize the impact to
the surrounding neighborhood. Accordingly, the applicant is requesting waivers from Section
6.8.1 et. seq. and Section 6.11.1 et seq. of the North Andover Subdivision Rules and
Regulations.
We would appreciate it if you would schedule this application for public hearing at your next
available meeting date. If you should have any questions,please do not hesitate to contact me.
Respec lly,
. Eriksen,Esq.
Enclosures
cc: Applewood Construction Corp.
61 GRANVILLE LANE, NORTH ANDOVER, MASS. - TEL. 978.397.9001
e
PLANNING DEPARTMENT
Community Development Division
Form C - APPLICATION FOR DEFINITIVE SUBD€VISON APPROVAL
Received;Town of North Andover Town Clerk(Date Stamp)
Stamp three(3)forms with the Town Clerk. File one(1)copy with the Town Clerk and two(2)with the Planning
Department.
To the Planning Board:
The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL, for approval of a proposed subdivision
plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board:
The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby
agrees to abided by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the
Town of North Andover, upon approval of said Definitive plan by the Board:
a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public
Works,the Board of Health,and all general as well as zoning by-laws of said Town,as are applicable to the
installation of utilities With the utilities within the limits of ways and streets;
b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section
V and VI of the Rules and Regulations of the Planning Board, including all Appendices(I-VI)and Figures (1-27),
and the approved Definitive plan, profiles and cross-sections of the same. Said plan,profiles,cross-sections and
construction specifications are specifically, by reference, incorporated herein and made a part of this application.
This application and the covenants and agreements herein shall be binding upon all heirs,executors,
administrators, successors, grantees of the whole or part of said land,and assigns of the undersigned; and
C. To complete the aforesaid installations and construction within two(2) years from the date hereof.
Page 4 of 7
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.tpwnoinorthandoyer.com
Edited 9/27/2010
1. Name of Applicant:APPlewood Constru Corp.
Address:315 MlddlesexlR d, rou h, 0 79
Signature of Applicant:
2.Name of Subdivision: 0 Methuen Avenue
3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(a)].
The Applicant is seeking the Plannina Board's apro
pval of a single lot subdivision located
at 0 Methuen Avenue(An existing lot shown on Assessor's Map 73 as Lot No. 30).
0 e uen Avenue is an existing of c y a 1925 subdivision(and s own on a an
MODuCleo With a District KagnmyOr s as an o.
4.Address of Property Being Affected;0 Methuen Avenue, North Andover, MA
Zoning District: R-4
Assessors: Map#:73 Lot#30
5. Deed Reference: Book 1337 -page 410 and
Certificate of Title No.
6. Name of Surveyor/Engineer. Merrimack Engineering Services
Address: 66 Park Street,Andover, MA 01610
Easements and Restrictions of Record(Describe and Include Deed References)
NIA
7. Preliminary Plan Submitted?No ; Plan Approved ;Date:
Signature of Owner(s):
Address: SEE ATTACHED AFFIDAVIT FOR OWNERS'AUTHORIZATION
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official Receiving this Application:
Page 5 of 7
1600 Osgood Street,North Andover,BIdg.20,Sure 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townufoorthandaver.com
Edited 9/27/2010
AFFIDAVIT OF AUTHORITY
Before me,the undersigned Notary Public, on this_L day of r, 2011,
personally appeared Ronald Pollina,(mown to me to be a credible person and of lawful
age,who being by me first duly sworn,on his oath, deposes and says:
L I,Ronald Pollina, am the current owner of certain property located in North Andover,
Massachusetts and more particularly described as 0 Methuen Avenue (Assessor's
Map 73,Lot 30)(the"Premises");
2. I have entered into a purchase and sale agreement (the "Agreement') to sell the
Premises to Applewood Construction Corp. or nominee(the"Potential Buyer");
3. Pursuant to the Agreement, I have agreed to cooperate with and authorize the
Potential Buyer to obtain all necessary approvals and permits for the construction of a
single family residence on the Premises;
4. 1 hereby confirm that I have authorized the Potential Buyers to apply to all federal,
state and local authorities necessary to obtain all permits and approvals necessary to
construct improvements on the Premises.
By:� /0n/�i k"—
Ronald
" -Ronald Pollina
[Printed name and title of affiant]
k'6d4 V F&/-Z//JAL
[Printed address of affiant]
COMMONWEALTH OF MASSACHUSETTS
County of ss.
d QYwd
On this�qday of i &: 01 1,
2011,before me,the undersigned notary public,
personally appeared Ronald Pollina,and proved to me through satisfactory evidence of
identification which was f-(4F .,,e" I jtnr.,,�_ to be the person whose name is
signed on this Affidavit and acknowledged t t he signed it voluntarily for its
stated purpose.
of Notary] _ 4
- My commission expires: , 26 1 =
O.gee.m.ea..r.am.q.aaarra+e
410 Joh-. F. Thorny add Joan A. 'rorvg, husband and rife, of
of AortbAadover. t... Comp,l{.e,dnKs.
� �,C00.001 emddrwigpJd,•edW[Wlm.-dm.Umol-Ten Tbouesnd nod 00/100 dollars
m Aon.IN J. Pallid. sed Nhods V. polling, busband and wife,
g.c'a°Jnint Unonte Not as Unents In common.
0(25 Wood Avaoue, North And ..r.It...r OomLy,PU.%m eoad.barresso,
•Mel;.
A Certain parcel of lost in North Andover. Naaaschseatta,
consisting of ted lots of land being Lot 921 and let 222 an • play of '
land entitled •woodaide Terrsoe, North Andover, Ms.., dated no 1925. .
Fred V. Stovers, H+gineer', which plan is recorded Kith North m"rist i
Registry of 0.ada as plan Va. 609, _ '
Said premises are mora partdoulary boosted anal described as follows, -
NORTHERLY by lot 920 aeWown on said plea 138.5 feet -
MOTMQ.T by Methuen I..., as obam on said play 100 feet:-
. ==MIT by lot 123 to shown m said plan 158.5 feat; AM -
WGTMdLT by lots 130 and 931, as above on said plan IWO"- l
gob3aet to my restriction. or ....Oeste of record if neve ale
I. fon. and aDP1lcoDle.
Consisting of appronnntely 13,850 .quare feet.
Necboen Avenue being a private way and Lots J21 and 922 ars hot
served by asy Town Utilities. . _
Dein, the ave promisee conveyed to us by deed of Richard Nall and -
Tbo.es Bust., of Methuen, gees. County, Meesechuman, dated
Jma 14. 1976 and recorded with the North Ithaca Aeglatq of needs
in Nook 1243, page 116 od suit data. -
adgq-dqf b.ye ai. - ,b'o_.J Se .. �Ig'/.� ,
k
Nb.gaaammgity 9 Oe ,.um -
E.:r. a. MAY Y. U,?a I _
e�ppcmu2Y apcao4 de.bwevmd John P Torrey and J.. A. Tooray, hratemd
amt sim.whdded dw hon, mb. their fa.edgddod,beioae
71
+
.{ i e pr r• + dv Ne .ur n
� ....' ..tea.• .. , .: ;'�i:: j' i. '..
Noeedeg db 11.29yg at Iga19Rl 03911' . .
COVENANT IN LIEU OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned,
Applewood Construction Corp., a Massachusetts corporation having an address of 315
Middlesex Road, Unit 3, Tyngsborough, Massachusetts 01879, has submitted an
application, dated , 2011 to the North Andover Planning
Board for approval of a Definitive Plan of a certain subdivision bearing the name of 0
METHUEN AVENUE, NORTH ANDOVER, MASSACHUSETTS, and has
requested that the Board approve such plan without requiring a performance bond,
THIS AGREEMENT WITNESSED THAT, for the consideration that the North Andover
Planning Board waive the aforesaid requirement for a bond, the undersigned covenants
and agrees with the Town of North Andover as follows:
1. The undersigned will not sell the Lot until the work on the ground necessary to
serve such lot adequately has been completed in the manner required in the
aforesaid application, and in accordance with the covenants, conditions and
agreements thereof, (except for the following particular items of work, the
performance of which shall be exempt from the conditions of this contract):
2. The undersigned agrees to record this agreement in North Essex Registry of
Deeds as required by the Rules and Regulations of the North Andover Planning
Board.
3. The undersigned agrees that this contract shall be binding upon its heirs,
executors, and administrators, and particularly upon any grantees of the
undersigned.
It is the intention of the undersigned, and it is hereby understood and agreed, that this
contract shall constitute a covenant running with the land. The Lot within the subdivision
shall be released from the foregoing conditions hereof upon the recording of a certificate
of performance executed by a majority of said Planning Board.
There are no mortgages of record or otherwise on any of the land in the aforesaid
subdivision except as described below and the present holders of said mortgages have
assented to this contract prior to its execution by the undersigned.
IN WITNESS WHEREOF, the undersigned, applicant as aforesaid, does hereunto set its
hand and seal this day of , 2011.
Applewood Construction Corp.
By:
Walter K. Eriksen,Jr.,President
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex, as. ' 2011
Before me today the undersigned, Walter K. Eriksen, Jr., President of Applewood
Construction Corp., named above who is personally known to me or otherwise proved to
me through other satisfactory evidence of identification, which was
to be the person whose name is signed on the preceding
document, and acknowledged to me that he signed it voluntarily for its stated purpose on
behalf of Applewood Construction Corp., a Massachusetts corporation.
Notary Public
My Commission Expires:
Description of Mortgages (Give complete names and Registry of Deeds reference):
Assents of Mortgagees