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HomeMy WebLinkAboutJJ ASSOCIATES a 6 TOWN OF NORTH AND0VER;0 MASSACHUSETTS Of pORTI, i O � F • i � � Any appeal shall be filed 'SSACHUSE� within (20) days after the date of filing of this Notice NOTICE OF DECISION in the Office of the Town Clerk. Date. ,l7. °1992 _ • . . • . . • . •. . . Date of Hearing , August. 4, 1992, Petition of . ,J:J.• Associates• Premises affected . . . .Bradford Street. . . . . . . .. . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.5 - Planned Residential Development of the • , . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . the•construction of. 6.detached•single family. homes. so as to permit , . , . . . • • . . . . . . . . . . . . .. . . . . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE to ••SPECIAL PERMIT FORA•PLANNED RESIDENTIAL . . . . . based upon the following conditions: cc: Director of Public Works Signed X" ��.�.. Board of Public Works J �� Highway Surveyor George Perna,. Chairman. . . . . . . . . . Building Inspector .John Simons . • . • • . • Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Health Assessors .John Draper Police Chief Fire Chief .Joseph Mahoney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant Interested Parties Engineer Richard xdella. . . . . . . . . File �P rrlirig Board White Birch Estates Special Permit, Planned Residential Development The Planning Board herein approves the Special Permit requested by J.J. Associates, Dated, May 6, 1992. The Planning Board makes the following findings regarding this Special Permit for a Planned Residential Development (PRD) as required by sections 8.5, 10.3 and 10.31 of the North Andover Zoning Bylaw: A. The specific site is an appropriate location for such use, structure or condition; B. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. E. The application before us is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the findings under Section 8.5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety and general welfare of the citizens of the Town of North Andover which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning Districts in which the parcel is located. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features; B. Encourage the preservation of open space; C. Permit greater flexibility and more attractive, efficient, and economical design of residential developments; D. Facilitate economical and efficient provision of utilities; E. Meet the Towns housing needs by promoting a diversity of housing types. Finally, the Planning Board finds that the PRD complies with Town Bylaw requirements so long as the following additional conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the PRD as specified in this Special Permit application before us the Planning Board herein grants this approval provided the following conditions are met: 1. All Planning Board Order of Conditions are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 2. The applicant shall comply with all North Andover Department of Public Works Rules and Regulations. 3. Any action by a Town Board, Commission or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 4. The applicant shall adhere to the following requirements of the Division of Public Works: A. The Right of Way width throughout the subdivision should be 50 feet. B. Copies of erosion and sedimentation control plans shall be provided to this office. 5. The applicant shall adhere to the following requirements of the Fire Department: A. Open burning is permitted by permit only after consultation with the Fire Department. B. Underground fuel storage will only be allowed in accordance with Town Bylaws and State Statute and only with the review and approval of the Fire department and Conservation Commission. C. Lot numbers are to be posted clearly during construction and permanent house numbers prior to occupancy. D. All structures shall be required to contain residential fire sprinklers systems in conformance with the North Andover Fire Department. 6. The applicant shall adhere to the following requirements of the Police Department: A. Adequate site distance shall be maintained at the exit of the project onto South Bradford Street B. Appropriate signs shall be placed on South Bradford Street informing motorists of the intersection during the period of construction activity. C. A "STOP" sign shall be placed as the proposed roadway exits onto South Bradford Street. 7. Prior to the Planning Board's Endorsement of the record plans: A. All sheets shall be revised to comply with the conditions listed herein. B. All easement/conveyance documents shall be prepared in recordable form and presented to the Planning Department, including roadway/utility conveyance, sewer/water, no- cut, and drainage easements located either in the public R.O.W. , or on individual lots. All roadway/utility conveyance documents shall transfer the right and title in fee to the Town of North Andover All easements on individual lots must be recorded along with the record plans. C. An approximate schedule for construction in South Bradford Street shall be submitted to the Town Planner for review and approval. This should include the sewer and drainage lines and all utilities which will require openings in the roadway for tie--ins. The schedule shall be part of this decision. D. Restrictive covenants shall be recorded to insure that the architectural style of the proposed structures shall be uniform in design. E. The Architectural Plans shall be revised so as to list all construction material associated with each house construction. ( I.E. roof material, siding, windows, etc. . ) F. Construction details of the sidewalks within the R.O.W. , be included on the record plans. These details should list material to be used in construction. G. A detailed planting list shall be prepared listing specific material to be used. This list shall further indicate quantity and size of all proposed material. H. With the granting of this Special Permit the Town of North andover hereby accepts the applicants offer of the Open Space associated with the project. All documents for transfer of said property shall be prepared in recordable form, signed by the applicant and held in escrow by the Planning Board. The Open Space shall be deeded in fee prior to the Applicant petitioning the Town of North Andover for acceptance of the proposed roadway as a Public Way. 8. Prior to a Building Permit being issued for any structure: A. Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, and other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement or a Passbook. B. All appropriate erosion control measures shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. C. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. D. Proof of recorded easements on all individual lots, as noted in condition # 7 (B) , shall be provided to the Planning Board. E. The lot in question shall be staked in the field to show the location of the proposed dwelling and the limit of clearing associated with construction. The Town Planner shall verify this information in the field prior to the issuance of a Building Permit. 9. Prior to a Certificate of Occupancy being issued for any structure: A. The site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The site shall be reviewed by the Planning Board. Any additional screening as may be reasonably required by the Planning Board shall be added at the applicants expense. C. All disturbed areas on the lot in question shall be suitably stabilized. 10. There shall be no burying or dumping of construction material on the site. 11. Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 14. An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water' sewer, and drainage facilities shall be completed prior to binder course paving. 15. Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Town Planner when tree cutting is to occur. 16. All construction shall commence within two (2) years from the date of this approval and shall be completed within five (5) years from the date of this approval. 17. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 18. The Board considers this roadway to meet the definition of a'- Minor Street as found in the Rules and Regulations Governing the Subdivision of Land, Revised 1989. The applicant will be required to conform to all specifications for Minor Roadway construction. 19. This project shall respect the provisions of Section 4.2 of the North Andover Zoning Bylaw. (Phased Development) 20. The following information shall be considered as part of this decision: Plans entitled: WHITE BIRCH ESTATES A Residential Single family Dwelling Development Dated: April 30, 1992 Rev. Sheets: 1-7 Prepared By: Environeers, Inc. 160 Pleasant Street, P.O. Box 516 North Andover, MASS 01.845 cc: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessors Applicant Engineer File