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HomeMy WebLinkAbout1993-04-12 Decision DEF SUB 0-1 TOWN OF NORTH ANDOVER MASSACHUSETTS o ,... �•tie � P Any appeal shall be filed within (20) days after the '��'• ' '`'� �Ss�CliUSE� date of filing of this Na•tice In the Off ice of the Town Clerk. NOTICE OF DECISION Date 12j .19?3 . . . . . . . . . . . . . . . Date of Hearing Ap:. 6,. 1993. . . . . . . . . Petition of Rogers Park Realty Trust • • . . . . . . ♦ . • Asa Osgood Premises affected , Street. . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the .q9;%4 Ar&ve: �zoni nq� Byj.aV.;,Sect ion .8..5,• Paragza�h� 2, Planned Residential •Development BO as t0 permit the construction of 19 single • . . .. .family dwellings. • . • . • . • . . . . .♦ . . . . . . . . . . . . ♦♦ . . . . • ♦ • • • • . .• . • . . . .. • . . • • . . .. . . . . . . . . ♦ • . . . ♦• . . . . . • • . . . . • • . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPP-Qn. . . . . . . . .the . APX-AI.4. PFR ITT. . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . based upon the following conditions: cc; Director of Public Works Building Inspector Conservation Administrator Signed 16'e-,�e.L`N Health Administrator Police Chief ,R. . . . .l . . .. . . . f,Cha..man. . . . . . Fire Chief JohAssessors . . . . .Simon�s.,. Vice.Chairman. _ . Applicant Clerk Engineer .Jose .. . . . . . X:. . . . . . . . . . . . . . . . . File owen Interested Parties .Richard . . . . . . . . . . . . . . . . . . . . . . . • • • • , • . .plallrling Board KAREN H.P. NELSON °A Town Of 120 Main Street, 01845 Director t (508) 682-6483 BUILDING NORTH ANDOVER CONSERVATION DIMION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT April 12, 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Stevens Crossing Special Permit - PRD Dear Mr. Long: The North Andover Planning Board held a public hearing on Tuesday evening, March 2 , 1993 , in the Senior Center behind the Town Building upon the application of Rogers Park Realty Trust, c/o Thomas Laudani, 733 Turnpike Street, Suite 209, North Andover, MA. , requesting a special permit under Section 8 .5, Paragraph 2 of the North Andover Zoning Bylaw. The following members were present: George Perna, Joseph Mahoney, Richard Rowen, Richard Nardella, John Draper and John Simons. The legal notice was in the Lawrence Eagle Tribune on February 15 and February 22, 1993 and all parties of interest were properly notified. The petitioner was requesting a special permit for the construction of 19 single family detached dwelling units. The premise affected is located on the west side of Osgood Street in a Residential-2 (R-2) Zoning District. Mr. Simons read the legal notice to open the public hearing. There were approximately thirty four members of the public in attendance. Mr. Simons read letters from the following: 1. Police Chief - no traffic problem 2 . Fire Chief 3 . Martha Larson 4 . William and Thomas Rockwell 5. Sample letter sent to the Board of Selectmen and Planning Board 6. James Hartrich Mr. Perna requested that the developer comment on all letters at the next meeting. Mr. Perna gave an outline of the process of the meeting: 1 . Developer to outline project 2 . Board asks questions i k I Page 2 : Stevens Crossing 3 . Public comments a. constructive comments Stephen Stapinski, Merrimack Engineering, and Jonathan Woodman, Architect from Woodman Associates, were present. Mr. Stapinski gave a presentation of the location of the site, that being Osgood Street, a State highway. 1. There are 15 lots on an ANR Plan, all with adequate frontage, individual septic systems, with house set in checkerboard fashion, this would disrupt "vista" of site. 2 . Conventional subdivision, 1 acre lots, 150 foot frontage, 19 total lots. Wetlands to top and middle - even with 75% CBA requirement - 20 lots could be created. 3 . All septic systems because wetland - setbacks can be complied with 4 . All zoning regs can be complied with 5. Effort to protect wetlands, topography and street shape. Mr. Jonathan Woodman spoke on the following: 1. preliminary PRD that fit within the current PRD Bylaw 2 . Development of two squares , attempt to protect space and sense of rural New England. 3 . Attempt to keep sense of open space 4 . Open space - 35% Town staff directed the developer to come back with something that would preserve the maximum amount of open space, keep vista of open field, maintain visual corridor. Mr. Woodman commented on the current PRD Plan: 1. 45% open space 2 . Maintain open field vista along Osgood Street in both directions A landscape plan was shown and described. Mr. Stapinski, on the PRD: 1. extend sanitary sewer to site, abutters will be able to tie into sewer, watermain will be extended into site. 2 . hydrants 3 . Storm drainage system 4 . Detention pond behind Lot 9 a. topographically it works well and is screened from the rest of the development. 5 . No activity within 25ft. of any wetlands 6 . No houses within 50 ft. of wetlands. ' I Page 3 : Stevens Crossing 7 . Wetland crossing required for sewer extension. Mr. Rowen questioned the location of the drainage basin. Mr. Simons questioned a 50 ft. buffer zone. Mr. Stapinski outlined the 50 ft. buffer zone. . No structures will be within the 50 ft. buffer zone but there is paving along Hartrich Property. A variance is requested from the ZBA for this. Mr. Mahoney read the definition of buffer zone from the Zoning Bylaw. Mr. Nardella asked what amount of variance was needed. Mr. Draper asked how close the road would come to the property line. Mr. Stapinski stated that 15 ft. and 20 ft. set backs from Hartrich land would be provided. Additional landscaping will be placed along the back of Hartrich property. . Mr. Perna asked about the Larson property. Mr. Stapinski stated that a 50 ft. buffer will be maintained along this property line. Mr. Perna asked if all houses would be sewered. Mr. Stapinski stated that they would be including the existing house and barn and be gravity fed. Mr. Perna asked if the mansion house lot would be covenanted so that it could not be subdivided in the future. Mr. Stapinski ' s answer was "yes" . Mr. Perna questioned if conservation had reviewed the setbacks. . Mr. Stapinski stated that at the Technical Review Committee it was agreed to keep the 25 ft and the 50 ft. setback in the design. A lot has been eliminated in the isolated wetland, it is protected wetland under the Towns Bylaw; but not protected under the State. Mr. Nardella questioned the size of the sewer. Mr. Stapinski stated that it was large enough to handle the subdivision and the proposed Edgewood Life Care to be built across the street. Mr. Perna asked if there were discussions with the D. P.W. Mr. Stapinski stated that it was minimum size but adequate. There is no letter in the file from D.P.W. on this issue. Mr. Perna wanted an explanation on the unusual cul-de-sac. Mr. Stapinski stated that there was a 125 ' diameter requirement in the bylaw. The square has 125 ' diameter; at least as big at the corners. 50 ' radius of pavement required, more pavement than required. Landscaping in the center of square. Mr. Woodman stated that there would be cobblestone around the center square, a row of 5 cobblestones will be placed around the circle, large tree will be planted in the center such as an oak or beech. i Page 4: Stevens Crossing Mr. Perna asked if there would be sidewalks. Mr. Woodman stated that there would be a 4 ' sidewalk on one side of the road and fences along property line, around the squares only. A waiver from the Planning Board for the 4 ' sidewalk has been requested. There will be trees planted between the sidewalks and the street. D.P.W. may require that trees be on people's property, and not on grass strip between road and sidewalk. Mr. Draper asked if Osgood Street lent it self to sidewalks. Mr Perna, speaking as D.P.W. Director, is looking to convert street to town street, including sidewalks - Chickering Road to High School. Mr. Stapinski stated that a combination of open space in connection with high school fields, gives the ability to walk through open space. Stone dust path will be created to high school next to Lot 10. Mr. Simons wanted to see architectural design. Mr. Perna wanted to see landscape plans. He asked if houses will be built as shown. Mr. Woodman stated that lots will be able to have more than one house option. Mr. Perna asked the price range. Mr. Thomas Laudani, developer, stated the following prices: 1. $275,000 - average 2 . $255,000 to $295,000 3 . 2, 300 - 2,400 sq. ft. average Certain lots can only accommodate certain style homes. Color selection is limited. Mr. Laudani stated that he was voluntarily reducing lots sizes to increase open space. There is no increase in density. Explanation that town will get more amenities from PRD. Consistency of homes in planned development. Mr. Laudani read a "comparative analysis" of ANR v. PRD as submitted to the Board. Mr. Perna opened questions from the audience. Bill Rockwell, an abutter, commented that open space on this site is not necessary because there is a lot of open space that is in the neighborhood. He further commented that crowding of houses not worth the open space trade off. In favor already of one acre lots, conventional subdivision. Mr. Nardella stated that there was no guarantee that the open space will remain, neighbors can in fact subdivide land themselves. Mr. Rockwell stated that a "bad precedent was being sent" . Mr. Nardella stated that it was generally beneficial to town to gain open space. i i Page 5: Stevens Crossing Nancy Melia, Osgood Street, asked who would own the open space. Ms. Bradley, Town Planner stated that the Trustees of Reservation or the Town would won it. It will not be able to be built on. James Hartrich, Osgood Street, had the following concerns and/or issues: 1. appropriateness of site for PRD, i.e. lot size. 2, buffer zone issue - violations a. existing structure within 50ft. buffer zone - barn b. Bailey Square C. driveway 3 . If area is to be left natural Condition, what happens to lawns etc, in back of house. 4 . Adverse effect on neighborhood a. noise b. congestion C. effect on quality of life d. traffic issues Mr. Draper asked Mr Hartrich what he would prefer. Mr. Hartrich answer was that he would prefer ANR Plans. Mr. Draper asked about a conventional subdivision. Mr. Simons stated that it was stretching the point on the barn in the 50ft. buffer zone. 1. Need to look at roadway/driveway issues. 2. Lot size issue needs to be examined, may be able to make lots larger 3 . Small clusters of houses do exist on the site today, i.e. mansion, chapel, barn, Hartrich house and Rockwell Estate. 4 . Creation of traditional housing George Chory expressed concerns with setting a precedent to change PRD, bad precedent. Barbara Hartrich, Osgood Street, asked about ZBA variances requested. Mr. Laudani stated that variances for lot size and buffer zone have been submitted. Mr. Stapinski asked the Board for direction. Mr. Michael Bider III, 179 Andover Street, had questions on the enhancement of the village setting of Philips Common. Mr. David Pristash, 60 Highwood Way, wanted the Board to go with the PRD plan that fits with the existing bylaw. 1 Page 6: Stevens crossing On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to continue the public hearing and schedule a site visit. Mr. Laudani stated that he needed an endorsement of waivers for the PRD for the ZBA. Mr. Simons told Mr. Laudani that the Board was not finished with deliberations, and the plans may change. An endorsement is subject to subsequent approval by the j Planning Board. The site visit will be scheduled for Saturday, March 6, 1993 at 8 : 00 a.m. on March 16, 1993 the Planning Board held a regular meeting. The following members were present, George Perna, John Draper, Joseph Mahoney, Richard Nardella, Richard Rowen and John Simons. There was a discussion of the proposed Form A Plan. The plan would eliminate the need for the 50 ' buffer zone problem. The Zoning Board of Appeals will only be focusing on the lot size variance. The developer must work with the topography at the entrance, the pavement of the entry way must take into consideration the existing conditions and may need to be creative with the sidewalk placement. The developer was asked to extend the back lot lines to eliminate strip of open space along the back and to enlarge the lots. Mr. Draper spoke on preserving the most substantive trees. The developer has to work with D.P.W. Mr Draper spoke about landscaping along the Rockwell property line. Mr. Laudani stated that there was not growth along the soccer field and that he would put 8 foot trees there. The Planning Board will review the project, additional screening may be required. Mr. Rockwell wanted clarification of what happens with the Hartrich Property. Mr. Perna explained that the lot line would change, but there would be no increase in the size of the lots. A landscape plan will be submitted by the developer. Mr. Nardella explained how the ANR Plan fits in with this development. The ANR will be held in escrow until the parcel exchanges hands. The ANR will not be filed until this occurs. Random plantings will be placed along Lot 17 and the Rockwell 's property, varying in types, 8 feet in height. Page 7: Stevens crossing Mr. Draper asked if the current driveways at the mansion and the Hartrich House can be preserved. Mr. Laudani stated that the entry way will be preserved with white fencing, and only one entryway cut. Stone entryway with slate sign. Mr. Simons arrived at 7 :45 p.m. Mr. Simons had questions on what the houses will look like. Mr. Laudani stated that some brick will be used throughout the development, but not all houses will have brick. Mr. Simons wanted consistent architectural harmony along the historic street scape and maintain a mix of styles. William Rockwell, 676 Osgood Street, wanted the Board to look at the entire area. He stated that 14 houses on 5 acres is out of place, doesn't fit, spoils the entire area. The Kettenbach lots have 27 acres and the Board only allowed 3 houses. Mr Simons stated that Mr. Kettenbach had only come before the Board for 3 houses. A letter from the Rockwell's was handed out to the Board and read into the record and is part of the file. On a motion by Mr. Nardella, seconded by Mr. Draper the Board voted unanimously to close the public hearing and take the matter under advisement. A decision will be drafted for the March 30th meeting. On a motion by Mr. Nardella, seconded by Mr. Draper the Board signed the Form A Plan. On March 30, 1993 the Planning Board held a regular meeting. The following members were present, George Perna, John Simons, Richard Nardella, Joseph Mahoney and Richard Rowen. The landscape plan was reviewed. A letter to the file is needed from Tom Laudani regarding escrow of Form A Plan. Variances will be required for the 50ft. buffer zone even though they have a Form A Plan in escrow. D. P.W. has a problem with the placement of trees, wants trees on owners land. Mr. Simons asked why Planning Board designs were always driven by D.P.W. constraints. The street tree issue tabled for moment. i i Page 8: Stevens Crossing Staff to review and oversee plantings to create a barrier along the High School and Rockwell 's property. There will be screening along the Larson Property. Questions were raised as to who maintains landscaping around the entry sign. 1. supported by easement 2 . homeowners association takes care if this On the model home - the Board will want to have bond money up- front in return for lot release. D.P.W. has to establish an amount for performance security. Mr. Bill Rockwell read a letter from Mr. Kettenbach. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to take the matter under advisement until the next meeting. Decision will be available at the April 6, 1993 meeting. On April 6, 1993 the Planning Board held a regular meeting. The following members were present, Richard Nardella, Joseph Mahoney, Richard Rowen and John Simons. Mr. Laudani to draft letter confirming his understanding regarding the Form A Plan for the Hartrich property held in escrow, submitted prior to filing of decision. Mr. Thomas Laudani, developer, had the following issues: 1. Request letter to ZBA regarding lot size. 2 . Model homes issues Model home - allow building of the model in exchange for a bond equal to the amount of the cost to build roadway to house. The model home must be on sewer. 3 . parking issues for model home On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the decision as amended on the definitive subdivision. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the decision as amended on the Special Permit for a PRD. Mr. Nardella voted in the affirmative as Chairman as four votes are needed to approve a Special Permit. Page 9 . Stevens Crossing Decisions to be reviewed by Planning Board members, specifically, Mr. Nardella and Mr. Rowen, prior to filing. Attached are those conditions. Sincerely, PLANNING BOARD Richard Nardella, Chairman Attachment cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File I a ! i Stevens Crossing Special Permit Planned Residential. Development Conditional Approval The Planning Board herein approves the Special Permit requested by Rogers Park Realty Trust, dated February 10, 1993 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land Sections 10 .3, and 10 . 31 : A. The specific site is an appropriate location for a Planned Residential Development and comprises approximately 21. 5 acres of land. 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. The Planning Board also makes 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 welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will : A. Promote the more efficient use of land in harmony with its natural features by preserving open space, preserving the community character, and preserving the mansion house, chapel , and adjacent barn existing on site, B. Encourage the preservation of open space as the applicant has provided approximately 9 . 6157 acres (44 . 670-. of site) of Open Space; C . Permit greater flexibility and more attractive and efficient design of residential development; D. Meet the Town' s housing needs by promoting a diversity of housing types. As allowed through the Special Permit process, the Planning Board has discretion in all matters which relate to density and dimensional requirements in a Planned Residential Development (PRD) . In the conventional subdivision plan presented as part of this application, 19 total lots (17 new lots) were shown in accordance with R-2 zoning requirements . The Planning Board, in reviewing the overall preservation of community character that i this PRD will provide, specifically the preservation of the existing mansion, chapel, and barn as well as the adjacent fields as open space, has determined that 19 new lots are appropriate on the site for a total of 21 lots. Finally, the Planning Board finds that the Definitive Subdivision will comply with Town Bylaw requirements so long as the applicant complies with the following conditions : 1 . Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a . The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee in the amount of $ 7, 500 (Seven Thousand Five Hundred) 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 escrow 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 3 (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. b. Documents gifting all associated open space to the Conservation Commission of the Town of North Andover or to an organization designated by the Planning Board, shall be reviewed and approved by the Town Planner. C . Restrictive Covenants insuring that the architectural style of the proposed homes are consistent with the referenced architectural plans for "The Andover" , "The Bradford" , "The Cambridge" , and "The Dover" floor plans as referenced and approved as part of this decision, and are appropriate in design for the historical character of the area . These covenants must also include a maintenance agreement for any fences placed on individual lots as part of the overall Subdivision scheme . Documents to this effect must be reviewed by the Town Planner prior to endorsement of the plans. d. Restrictive Covenants must also be placed on the existing mansion, chapel, and barn to ensure that their 2 exterior will remain in perpetuity in harmony with the historical period in which they were constructed. Documents to this effect must be reviewed by the Town Planner prior to endorsement of the plans. e. Landscaping plans demonstrating the species type and size of planting to be completed along the boundary of the Rockwell property, the Larson property, and along the high school fields must be submitted to the Board for review and must be incorporated into the plans submitted for endorsement . The applicant must work with the land owners in creating the landscape plan for these areas . The Town Planner shall be called to review landscaped areas. f . A street lighting plan must be submitted to and approved by the Planning Board. g. The applicant must have received all required approvals and variances from the Conservation Commission and the Zoning Board of Appeals . The plan endorsed by the Board must reflect all changes that may be required by any other Board, Commission, or Department . 2 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Stevens Crossing Definitive Subdivision Conditional Approval must be followed and: a . Copies of the Open Space deed to the town through the Conservation Commission (or to a group designated by the Planning Board) and the Architectural Covenant on the deeds as referenced above, must be submitted to the Board for review. 3 . Prior to verification of the FORM U (issuance of a building permit) for an individual lot, the conditions outlined in the Stevens Crossing Definitive Subdivision Conditional Approval must be followed. 4 . Prior to a Certificate of Occupancy being issued for an individual lot, the conditions outlined in the Stevens Crossing Definitive Subdivision Conditional Approval :rust be followed. 5 . Prior to the final release of security, the conditions outlined in the Stevens Crossing Definitive Subdivision Conditional Approval must be followed. G . The transfer of the Open Space, parcel X as shown on plans entitled "Special Permit and Definitive Plan, Stevens 3 Crossing, North Andover, MA" , dated January 30, 1993, shall occur prior to or at the time of acceptance of the roadway by the town at town meeting. 7 . The applicant shall adhere to the following requirements of the Fire Department : a. All structures shall be required to contain residential fire sprinkler systems the design of which will be approved by the Fire Department . b. Smoke alarms must be installed. 8 . All lighting within the site shall be as proposed and shown on the referenced Landscape and Lighting plans. Any lighting found at the entry shall be temporary, and will be removed prior to Town Meeting accepting the road as a public way. The entry lights shall be further reviewed annually from the date of this approval . Should the Planning Board feel that the entry lights may be removed without hindering the marketability of the individual homes, then the developer shall do so immediately. 9 . Any Plants, Trees, or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die within one year from the time of planting shall be replaced by the applicant. 10 . This Special Permit approval shall be deemed to have lapsed after (two years from the date permit granted) unless substantial construction has commenced. 11 . The provisions of this special permit shall apply to and be binding upon the applicant, its employees and all successors in .interest or control . 12 . This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following plans : a . Plans Entitled: Special Permit and Definitive Plan Stevens Crossing North Andover, MA Dated: January 30 , 1993 Prepared For: Rogers Park Realty Trust 733 Turnpike Street - Suite 209 North Andover, MA 01845 Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Sheets : 1 through 11 4 b, Architectural Plans for proposed homes at Stevens Crossing showing "The Andover" , "The Bradford" , "The Cambridge" , and "The Dover" floor plans. Prepared By: Woodman Associates 20 Inn Street Newburyport, MA 01950 C . Landscape and Lighting Plan for Stevens Crossing, North Andover, MA, dated February 26, 1993 , revised March 26, 1993 . d. Book Entitled: Statement of Environmental Impact North Andover, Mass. Stevens Crossing Dated: January 30, 1993 Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 e . Book Entitled: Drainage Analysis for Stevens Crossing in North Andover, Massachusetts Dated: February 25, 1993 Prepared By: Merrimack Engineering Services 66 Park Street Andover, MA 01810 CC . Conservation Commissioner Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File StevensCross , PRD 5