HomeMy WebLinkAboutJJ ASSOCIATES a
6
TOWN OF NORTH AND0VER;0
MASSACHUSETTS
Of
pORTI,
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F
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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