HomeMy WebLinkAbout2013-04-16 Planning Board Supplemental Materials (112)
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
Special Permit – Planned Residential Development
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date:
April 16, 2013
Date of Hearing:
February 19, 2013, March 5,
2013, April 2, 2013, April 16, 2013
Date of Decision:
April 16, 2013
Petition of: North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65, Parcels 8, 9 & 55.
Referring to the above petition for Approval of a Special Permit for a Planned Residential Development
according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a
six-lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater
management infrastructure, the installation of underground utilities, the installation of a sewer pump station,
connections to existing water and sewer service and grading in the R-1 Zoning District.
nd
APPROVE
After a public hearing given on the above dates, and upon a motion by X and 2 by X to the
Application for a Special Permit for a Planned Residential Development,
as amended, and based upon
in favor of
the following conditions. A vote of X- 0 was made the application.
On behalf of the North Andover Planning Board
John Simons, Chair
Richard Rowen
Michael Colantoni
Dave Kellogg
Lora McSherry
Lynne Rudnicki
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
The Town of North Andover Planning Board hereby grants the Special Permit for a Planned
Residential Development, known as Regency Place comprised of a 6 single family lot Planned
Residential Development (“PRD”) together with associated Usable Open Space. North Andover
Realty Corp, 66 Spring Hill Road, North Andover, MA 01845, submitted a complete application
on January 17, 2013. The application was noticed and reviewed in accordance with the
procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North Andover
Zoning Bylaw (the “Bylaw”) and MGL c.40, sec. 9. The area affected is located on what was
formerly a portion of Appleton Street, off of Blue Ridge Road, and is in the Residence 1 (R-1)
Zoning District.
The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and
10.31.
a.The specific site is an appropriate location for a Planned Residential Development as the
property would yield 6 parcels with a conventional subdivision design, ranging in size
from 87, 120 sq. ft. to 352,912 sq. ft vs. the 6 new parcels ranging in size from 22,484 sq.
ft. to 39,794 sq. ft. with the PRD design. This PRD plan minimizes the amount of
disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking
advantage of the reduced lot size. Also, this layout preserves in excess of sixteen (16)
acres of the property through a perpetual open space restriction.
b.The use as developed will not adversely affect the neighborhood as this site is located in a
residential area and there are approximately 16 acres of Usable Open Space associated
with the development. The character of the project will reflect the rural aesthetic
presently defined by the surrounding Blue Ridge Road and Appleton Street
neighborhoods.
c.There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal has
been reviewed by the Town’s consulting engineer, demonstrates that the development of
6 new homes will have a negligible impact on the present traffic volumes associated with
Blue Ridge Road Street.
d.Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. Each home will be connected to municipal sanitary sewer and water
connections, minimizing the chance of unwanted pollutants entering the groundwater.
In accordance with Section 8.5 of the Bylaw the Planning Board finds that the proposed PRD is
in harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3,
and the proposed PRD contains residential development and Usable Open Space in a variety to
be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of
the citizens of the Town of North Andover which renders it appropriate to depart from the
requirements of the Bylaws otherwise applicable to the zoning district in which the parcel is
located.
Page 2 of 6
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
In particular, the Planning Board finds that the project will:
a.Promote the more efficient use of land in harmony with its natural features by preserving
additional open space, reducing the amount of clearing and excavation normally
associated with the construction of residential dwellings on a site such as this, and
facilitates the economical and efficient provision of utilities;
b.Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other
natural resources due to the preservation of open space, and the project design minimizes
and protects such natural resources;
c.Encourage the preservation of open space. The applicant has provided approximately 16
acres of the property as Useable Open Space;
d.Permit greater flexibility and more attractive and efficient design of residential
development. The subdivision design both proposes and allows preservation of the
existing rural character around Appleton Street and Blue Ridge Road, while conforming
to the goals and policies of the Master Plan of the Town of North Andover;
e.Meet the Town’s housing needs.
f.The Planning Board also finds that a base density of 6 house lots is appropriate for the
PRD as a conventional subdivision design would also yield 6 new single-family homes.
The Planning Board herein grants a waiver from strict compliance with Section 8.5 Paragraph 6,
Section D, Height Limitation. Specifically, the Planning Board finds that allowing a height
limitation of 35 feet as opposed to the 30 ft. limitation for PRDs is consistent with the existing
single family dwelling units in the surrounding area and that allowing an increase in height will
not have an adverse impact on the surrounding neighborhood.
Finally, the Planning Board finds that the Planned Residential Development complies with the
Bylaw requirements and grants a Special Permit subject to the following conditions:
1.The developer shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. 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, meet weekly with the Town Planner and file monthly written reports to the Board,
detailing areas of non-compliance and with the plans and conditions of approval.
2.It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer and 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.
Page 3 of 6
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
Prior to endorsement of the plans
3. by the Planning Board and recording with the Registry
of Deeds the applicant shall post (per agreement with the North Andover Planning Board) a
Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North
Andover. The Guarantee shall be in the form of a check made payable to the Town of North
Andover bond account. This amount shall cover any contingencies that might affect the
public welfare such as site opening, clearing, erosion control and performance of any other
condition contained herein, prior to the posting of the Performance Security as described in
Condition 5(c) of the Definitive Subdivision Conditional Approval. This Performance
Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding
considerations, be released in full, or partially retained in accordance with the
recommendation of the Planning Staff and as directed by the vote of the North Andover
Planning Board.
4.Prior to receipt of a Certificate of Completion (Form K) required to be obtained for the
project described in the Definitive Subdivision Decision, a perpetual restriction of the type
described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be
recorded with respect to this land. Such restriction shall provide that the Usable Open Space
shall be retained in perpetuity for one or more of the following uses: conservation,
agriculture, or recreation, subject to certain easements and restrictions to be described
therein. Documents to this effect shall be drafted by the applicant and reviewed by the
Planning Staff prior to the release of any of the lots from the covenant described in Condition
5 of the Definitive Subdivision Conditional Approval.
5.The designated Usable Open Space parcels shall be transferred in ownership to one of the
following groups:
a.A non-profit organization or trust whose members are all the homeowners and occupy the
homes;
b.Private organization including but not limited to the Trustees of Reservations, or Essex
County Greenbelt Association whose primary function is preserving open space;
c.The Town of North Andover;
d.Any Group as indicated by the Planning Board, which exists or is created for the purpose
of preserving open space for the owners of the homes located in the PRD.
As referenced in condition #4 above, Documents to this effect shall be drafted by the
applicant and reviewed by the Planning Staff prior to the release of any of the lots from the
covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final
Documents must be fully executed and recorded with the Essex North Registry of Deeds
prior to final release of any roadway bond or security.
Prior to Construction,
6. Yellow Hazard tape must be placed along the no-cut line as shown
on the approved plans, or as otherwise designated, and must be inspected by the Town
Planner. The Town Planner must be contacted to review the marked tree line prior to any
Page 4 of 6
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered
professional engineer, certifying that the trees have been cut in accordance with the approved
plans.
Prior to releasing individual lots
7. from the statutory covenants, the Planning Board must by
majority vote make a specific finding that the Erosion and Siltation Control Program is being
adhered to, and that any unforeseen circumstances have been adequately addressed.
8. The Planning Board approves the following parameters for house designs: Traditional/New
England Style with clapboard, shingle, brick, or stone facades; architectural roof shingles or
shakes; and minimum finished interior living space of approximately 2,800 square feet.
Final elevations and footprints shall be submitted to the Planning Department prior to the
release of individual lots from the statutory covenants. Any changes deemed substantial by the
Town Planner shall be presented to the Planning Board for a determination as to whether such
changes should be discussed at a public meeting and/or hearing, or might otherwise require a
modification to the original Special Permit approval.
After the conveyance of each residential lot
9., the applicant must provide the Planning
Department with a copy of each deed evidencing the following language:
“As required by the PRD Special Permit issued by the Town of North Andover Planning
Board, dated ______________, the Buyer of Lot ___ within the Regency Place
subdivision acknowledges that the Open Space Parcels, or easements, shown on the
plans, which have been or will be conveyed to an appropriate homeowners association,
conservation organization, agricultural trust or the Town of North Andover through its
Conservation Commission, as determined by the Planning Board, for conservation,
agricultural and/or recreational purposes, shall provide the Town with the right, but shall
not impose any obligation on the Town, to maintain the Open Space parcels in any
particular state or condition, notwithstanding the Town’s acceptance of such Open Space
parcels”.
10. Prior to verification of a Certificate of Occupancy.
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.
Tree cutting shall be kept to a minimum throughout the
11. project to minimize erosion and
preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line
as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of
the Zoning Bylaw.
12.This special permit approval shall be deemed to have lapsed after April 16, 2015 (two years
from the date permit granted) unless substantial construction of roadway and utilities has
commenced.
Page 5 of 6
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
13.The provisions of the Special Permit shall apply to and be for the benefit of and binding upon
the applicant, its employees, contractors and subcontractors and all successors in interest or
control.
14.The developer shall implement and follow all requirements set forth in this decision, and as
outlined in the plans and reports referenced below. Failure to comply with all requirements
herein and the conditions of this approval shall be the basis for the Planning Board, voting by
majority vote, to stop all site work and construction until defects on the site are corrected and
the development is put back into plan compliance. Plan compliance will be solely determined
by a majority vote of the Planning Board based upon the developers written comments and
the conditions contained herein.
15.The Town Planner shall approve any insubstantial changes made to the plans and reports
described in Section 9 and Section 16. Any changes deemed substantial by the Town Planner
shall be presented to the Planning Board for a determination as to whether such changes should
be discussed at a public meeting and/or hearing, or might otherwise require a modification to the
original Special Permit approval.
16.The following shall be deemed part of the decision:
Plan titled
: Definitive P.R.D. Subdivision Plan for “Regency Place” in North Andover,
MA
Prepared For: North Andover Realty Corp.
Prepared By: Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Dated: January 10, 2013, revised: March 12, 2013
Sheets: 1 through 12
Scale: 1”=40’
Report
: Stormwater Management Report
Prepared For: North Andover Realty Corp.
Prepared By: Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Dated: January 10, 2013, Rev. March 12, 2013
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