HomeMy WebLinkAbout07-18-1989 Decision PRD MUM HUI
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TOWN Or NORTIH AN `D' OVER gAtitF.tt4G
M A S S A C H U S P. '1 T S R
TiOR7k JUL J 44
1O
Any appeal shall be filed ory.A+�
within (20) days after the �, •• �, y
date of filing of this Notice
In the Office of the Town
Clerk. NOTICE OF DECISION
Date �Lly. ,5.,. J 9�9. . . . . . . . . . . . . . . .
Date of Hearing
Petition of �F!,n.J.. olan. .N Parthenon. . .Development .Corp. Inc.. . . . . . . . . . . . . . . . . . .
Premises affected . 21 y, Pit. Hill!. Chestnut.STreet. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the4 requirements
of the . . Npz.th. AndQvev. 7gpip4.$Yi �Y. .��G t4�} . ti .� .� c. �.g�l .s.•.�. . . . . . . . . . . . . . .
so as to permit tAe. cPnjstrPr-�Xpji. Pf A M ,3 units
. . . . . . . ♦ . . . . • . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally S ecial Permits
to Pr�tQv . . . . . . . .the . k�. . er
, . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the fallowing conditions :
cc: Director of Public Works
Board of Public Works Signed
Highway Surveyor
Building Inspector G�ozge ,�'B�:n�ti .��. .Cha�.r.nlan . . . . . .
Board of Health
Conservation Commission
Assessors
Police ChieflG}3.�J� ��Ctl� . . . . . . . . . . . . . . . . . .
Fire Chief
Applicant1C�?s�@� . G���' . . . . . . . . . . . . . . . . . . .
Engineer
Interested Parties
�KohtH�
OFFICES OF: o�;,• ' "�' Town of 120 Clain Scheel
BUILDING ; ; NORT�i ANDOV�R Norti� rUaclavc3r,
CONSERVATION .o, ,P; 11lossiI{husc Us 01845
HEALTH DIVISION OF0081 CiS2-E3� 8,3
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PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KA.REN 1-I.R NELSON, DIRECTOR
July 18, 1989
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re : Rosemont, PRD
Planned Residential
Development, Special
Permit under Section
8 . 5 of this Zoning Bylaw
Dear Mr . Lone :
The North Andover Planning Board held a public hearing on March
16 , 1989 in the Town Hall , Selectmen 's Meeting Room . The ]tearing was
duly advertised in the North Andover Citizen on March 2 , 1989 and March
9 , 1989 and parties of interest were properly notified . The meeting was
called to order by the George Perna, Vice Chairman . Also present were
John Simons, Clerk and Erich Nitzsche . Paul Hedstrom, Chairman , arrived
at 8155 p . m. Michael Leary was absent.
The petitioner seeks approval to construct a Planned Residential
Development ( PRD ) containing 44 housing units, pursuant to the
provisions of M. G. L. Chapter 40A, Section 9 and under the requirements
of the Zoning Bylaws, Section 8 . 5 and Section 8 . 3 of the 'Town of earth
Andover. The parcel of land contains 45 . 8 acres of Land and known as
Cray Pit Hill .
John Simons read the legal notice to oven the public hearing . 11
letter from the fire Department was also read.
John Nolan, Parthenon Development, spoke to the Board on what
was being proposed .
1 . 44 homes - 17 buildings containing 2 to 3 units
2 . Located off Chestnut Street near Dill Road on
approximately 46 acres .
3 . 65% open space .
4 . Maximum 3 units per building
5 . Units to be from 1 , 800 sq. ft . to 2 , 80o sq . ft.
6 . 2 and 3 bedroom uniL:s wiLh 2 car gaz:a,
7 . 'Tennis court, putting green
Page 2 :
i r
Nancy Leask, Land Planner for Sasaki Associates, ;spoke on an
emergency access road from the Holly Ridge Subdivision. 14s . Leask
showed the Board a cross section of the property and elevations .
Rip-rap to be placed in two sections .
Paul Hedst'rom asked the grade of the road. John Nolan said the
grade of the road was 8 . 30 .
Henry fink, Turnpike Street, questioned the word grant in an
easement. John Nolan said grant was to homeowners .
Veronica Mandry, Summer Street, questioned the percentage of
open space and where is the water going to flow. John Nolan addressed
the question on the flow of the water. Fie said that there viould be a
series of detention ponds and that the rate of flow was the same .
Phil Christiansen, Christiansen & Sergi , spoke in behalf: of: G14C'
Trust. He submitted a letter regarding the pump station . John Nolan
cited that the first choice was Holly Ridge pump station, the owners of
Holly Ridge wanted a substantial amount, fir_ . Nolan said that he chose
the Osgood pumping station.
A brief: discussion took place on the drainage . 14r . P1acLeod skid
there were off-site drainage improvements . George Perna viants minus
impact on Mosquito Brook.
A motion was made by John Simons to continue the public hearing
until the first meeting in April and schedule a site visit , The motion
was seconded by George Perna and voted unaniataous by those present.
On April 27 , 1989 the Planning hoard held a regular meeting .
The following members were present: George Perna, Vice Chairman, John
Simons, Clerk; .Erich Nitzsche and Michael Leary. Paul lled; trom arrived
at 10 : 25 p. m.
John Dolan recapped the drainage analysis . He said the sewer-
r
would tie into the pumping station at the Holly Ridge Subdivision and
that a drainage analysis was done on Hosqui.to Brook watershed . The
preliminary results were zero (0 ) run-off in the 2 , 10, 25 and 100 year
storm event. John Showed the Board front and back views of: the two unit
buildings. Each unit is single family . Photos of the rip--rap to be
used at the entrance to the project were shown .
George Perna questioned the number of units . John Nolan said
that forty-four ( 44 ) units were proposed . George also stated that the
subterr. ian water was a big problem, that under ground streams rail to
Mill Road . Erich Nitzsche said that ground water tables were needed .
John Dolan said he would check with his engineer for those tablets .
george Perna asked if there was a problem with the many concerns the
Board and 'down Departments had, a total of seventy ( 70 ) . John replied,
no and he would be ready for the May 11 , 1989 meeting .
A motion was made by John Simons to continue the public hearing
until May 11 , 1989 . The motion was seconded by Michael Leary and voted
unanimous by those present.
Page 3 :
The North Andover planning Boars{ held a regular meeting on Hay
11 , 1989 . The fallowing members were present: George Perna, Vice
Chairman; John Simons , Clerk; Erich Nitzsche and Michael Leary. Paul.
Hedstrom arrived at .10: 05 p. m.
John Simons read the letter Chris Huntress sent to Lhe
applicant. John Nolan presented the Board with a package that addressed
the concerns that the Board had with the proposed project.
George Perna stated that he was still concerned with the
subsurface water. Bill .MacLeod explained to the Board the water
tables. There is a new drainage system on Chestnut Street , David
Gorden, Andover Consultants; Kurt Young, Wetlands Protection, 'Inc; spoke
on drainage .
John Cronin, resident, had a lengthy discussion with bill
MacLeod on the drainage . Katherine Lawery commented on health concerns
and the information submitted.
A motion was made by George Perna to close the public hearing ,
review the documents in the file and draft a decision The motion was
seconded by Erich Nitzsche and voted unanimous by those present .
On June 15 , 1989 the Planning Board held a regular meeting in
the Library/Conference Room . The following members were present : George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary. Paul Hedstrom, Chairman, arrived at B : 35 p . m.
A motion was made by George Perna to accept the Form A Plan for
Rosemont. The Board to get the final draft of the approval . A motion
was made by George Perna to approve the PRD for Rosemont subject to the
Board reviewing the draft decision prepared , supplemented by a letter
from D. P .W . for their requests , John Simons input and Erich Nitzschn ' s
input. The motion was seconded by Erich Nitzsche . The proposed project
will be done in phases . The project will take three years . George
Perna will have the ultimate signing authority . John Simons .requested a
bond for erosion control . John Simons asked for a condition on
screening. After this discussion the Board voted unanimously .
On July 13 , 1989 , the Planning board held a regular meeting .
The following members were present: George Perna, Chairman ; John
Simons , Clerk; Michael Leary and Erich Nitzsche .
Rosemont PRD was put on the agenda for discussion at the request
of John Nolan . Chris Huntress, Environmental Planner, had the final
draft of the decision .
George Perna said that the only issue remaining was the bonding
for erosion control of the road. Erich Nitzsche asked if Hr Nolan had
received a letter from the owner of Holly Ridge for ;?ermissi.an to tie
into the sewer. Mr. Nolan said there was a letter and it should be in
the file . George Perna wanted a condition added to the approval , that
any deviation of the plans/profile: will be submitted to the Planning
Board for approval . George also wanted the following as a condition :
"Construction shall commence within one year and shall be completed in 5
years as of the date of this approval or the applicant shall appear
before the Planning Board .
Page 4 :
John Simons asked about phasing of construction , )Men Murphy
said the phasing was delineated on the plans by different: colors .
The Board members also wanted a bond for erosion control put in
a condition . The amount of the bond to be $20 ,000 . 00 .
A motion was made by John Simons to approve the Rosemont PRD
Project subject to the written list of conditions with the following
edits ; as written, 27 conditions plus :
Condition f#14 after the word "minimum" insert "and shall be in
accordance with the submitted plans .
Condition f#26 indent; a . ) Construction shall commence within one
( 1 ) year and shall be 100% complete within five ( 5 ) years of the
date of this approval or the applicant shell appear before the
Planning Board; and b ) . The phasing of construction shall be in
accordance with the detailed plans submitted by the applicant ,
Add: Condition: The applicant shall provide adequate bonding for
erosion and sedimentation control in the amount of $20 ,000 .
Erich Nitzsche wanted a condition added: "Any substantial
deviation from submitted building profiles , sections , elevations or
footprints shall be resubmitted to the Planning Board for approval .
The motion was seconded by Erich Nitzsche and voted unanirnou°sly
by the Board to approve the Rosemont PRD .
Sincerely ,
PLANNING 13OA} )
George Persia,
Chairman
/ jle
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief;
Fire Chief
Applicant
Engineer
File
1 j
Rosemont PRD, Conditional Approval
1 . As-built Plans and profiles skull include the edge of " trunkline" of
the woods to insure compatibility with drainage computations .
2 . Plans show .one bench mark on Sheet 6 which does not indicate daL-ure€ .
In accordance with the Planning Board Regulations , there shall be a
separate bench mark on each plan/profile sheet which shall be saved
during construction.
3 . Detention basins shall be dimEsnsioned to readily determine if design
complies with the As-built Plans .
4 . Any portion of "Rosemont Drive " where the grades exceed 6,, , shall have
granite curbing installed.
5 . Prior to occupancy, all units shall have residential tire sprinklers
installed.
6 . Hydrants shall be installed as determined by NAFD .
7 . Fire Alarm and detection devices ( systems ) to be approved by the NAYD .
8 . A gate shall be installed at the emergency access off: of 14011y Rid(IE!
Road. A supra box shall be installed and necessary keys; given to the
NAFD
9 . Within all phases of construction, all drainage faicilities including
detention basins shall be constructed and erosion controlled prior to
issuing a Certificate of Occupancy for any units within that phase .
10. Definitive PRD Plans shall clearly shoe proposed roadway dimensions
throughout, including tangent. radii , total length and control :angle of
each and every curve .
11 . As--built Plans and profiles shall be submitted to the Planning Hoard
for approval prior to final release of DPW bond money . The As-built
Plans shall also include topographic plans of all detention ponds .
12 . All Planning Board order of Conditions are to be filed together with
the Special Permit at the Registry of Deeds .
13. Throughout all lands, tree cutting shall be in accordance with the
submitted plans and shall be kept to a minimum in order to minimize
erosion and preserve the natural features of the si.Le . Also , the
developer shall inform the Mown Planner when significant tree cutting
is to occur in order that the Planner may determine the need to be
present,
14 . The contractor shall contact Dig-Safe at least '72 Hours prior to
commencing any excavation .
15 . Gas, telephone , cable and electric utilities shall be installed as
specified by the respective utility companies .
16 . All catch basins shall be protected with hay bales to i)rever►L
siltation into the drain lines during road construction .
a r
17 .- No open burning shall be done except c-ts is permitted during burning
season under Fire Department Regulations .
18 . No underground fuel storage facilities will be installed except as may
be required by Town Regulations .
19 . Permanent house numbers will be posted on dwellings prior to occupancy.',
20 . Stop signs shall be located at the entrance onto Chec�tnut Street , and
at all intersections leading into Rosemont Drive ,
21 . Iletland Preservation Enc. ' s Report: refers to a "Program Coordinator'"
The Planning Board shall require that Wetlands Preservation Inc . be
the Program Coordinator. If WPI is found to be unsuitable for this
position by either party involved, then the Town 1'latiner shall approve
a suitable replacement at the developers expense .
22 . The maintenance and operation of the proposed booster water pumping
station will be the responsibility of the owner. 'Pile station shall
not reduce the residual pressure in the Chestnut Street; water main to
less than 20 psi under any operating condition . The final design of-
the pumping station, including the location, site grading, landscaping
and appurtenances of the booster station shall be shown oil the elan ,
and shall be subject to review and approval by the North Andover D1111 .
23 . The invert of the sewer at the manholes of station 4 * 0 on the
emergency access :lane shall be lo4-rered to provide groper vertical
separation between the water and sewer mains .
24 . A sewer system extension permit from the Division of Water Pollution
Control of the Mass . Department of Environmental Quality Engineering ,
and written permission from Lhe owner to enter the Holly itidge Road
Pumping Station must be obtained prior to issuance of a sewer
extension permit by the Division of Public Works .
25 . Permission to open the street and construct roadway and utilities
within the Holly Ridge Road right--of-way must be obtained from the
owner of that subdivision prior to the applicant receiving a
Certificate of Occupancy for any dwelling .
26 . The following construction schedule shall. be part of this conditional
approval :
a. Construction shall commence within one ( 1 ) year and shall be
100% complete within five ( 5 ) year's of the date of this
approval or the applicant shall appear before the Planning
Board .
b . The phasing of construction shall be in accordance with the
detailed plans submitted by the applicant .
27 . The applicant shall provide adecluULe bonding for erosion and
sedimentation control in the amount of $20, 000 . 00
28 . Any substantial deviation from snjbniitted building profiles , sections ,
elevations or footprints shall be resubmitted to the Planning board
for approval .
+ r
i
The following plans are deemed approved by this decision .-
Plans Entitled: "Rosemont" Definitive Site Plan.
Dated: February 28, 1989
Revised : May 11 , 1989 .
Sheets L1 thru L27..
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Conservation Commission
Building inspector
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
}
Rosemont PRD, Conditions to Approval
1. Prior to the Planning Board signing the plans, they shall b e
revised to show the typical cross-sections of the emergency access to
Holly Ridge Road.
2. Detention basins shall be dimensioned to readily determine if
design complies with the As-built plans.
3. Any portion of "Rosemont Drive" where the grades exceed 6%,
shall have sloped granite curbing installed.
4. Prior to occupancy, all units shall have residential fire sprinklers
installed.
5. Hydrants shall be installed as determined by NAFD.
6. Fire alarm and detection devices (systems) shall be approved by
the NAFD.
7. A gate shall be installed at the emergency access off of Holly
Ridge Road. A supra box shall be installed and necessary keys given
to the NAFD.
S. All drainage facilities including detention basins shall be
constructed and erosion controlled according to the Erosion Control
�f and Siltation Control Program prepared by Wetlands Preservation,
Inc. dated February 17, 1989, revised May 5, 1989.
9. As-built plans and profiles shall be submitted to the Planning
Board for approval prior to final release of DPW bond money. The
as-built plans shall also include topographic plans of all detention
ponds.
10. The Planning Board shall be notified of any changes on the plans
required by the North Andover Conservation Commission to
determine if such changes have significant impact on their approval.
11. Throughout all lands, tree cutting shall be kept to a minimum in
order to minimize erosion and preserve the natural features of the
site. Also, the developer shall inform the Town Planner when
significant tree cutting is to occur in order that the Planner may
determine the need to be present.
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. All catch basins shall be protected with hay bales to prevent
siltation into the drain lines during road construction.
15. No open burning shall be done except as is permitted during
burning season under Fire Department regulations.
16. No underground fuel storage facilities will be installed except as
may be required by Town regulations.
17. Permanent house numbers will be posted on dwellings prior to
occupancy.
18. A "Form A" application must be submitted by the developer.
The Form A Plan must also be signed by the Planning Board and
recorded with the Registry of Deeds.
The following plans are deemed approved by this decision:
Plans Entitled: "Rosemont" Definitive Site Plan. Dated: February 28,
1989. Revised: May 11, 1989.
cc: Director of Public Works
Highway Surveyor
Conservation Commission
Building Inspector
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
