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HomeMy WebLinkAbout1994-04-26 Decision DEF SUB . •-�� i�Zpi/?ZQ FILE COPY AfflM � TOWN OF NORTH INDOVER M A S S A C H U S E T T 9 Any appeal shall be filed e after the within (20) days �,�•..,.,,.,. �. f `E ATTZs. date of filing of this Notice �Ss,`�uset A �u Apr in the Office of the Town Clerk. NOTICE OF DECISION T°wa c1•:k sslstoCe�tkfyfJh�ttwer'-,•,, �iCays .laveGWPMdfmMdato_tc:acdsiontiled Date , Apri1 26, 99 witlUou PON.don ippo� `f . . • . . . . . . • aMlfdLon Y- Date of Hearing "°r Qr�l ��, 99,: CNrlc Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected �as; side of Forest Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition far a .special permit from the requirements of the ,`orLn . . . . . . . . . ...over mooring Bylaw . . . - Section 8.� Planned Resider.;.i«1 Deveioomer.i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so :Is to permit .;he cons-:uc ian, of, o single. family• dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hu�uc hearing given on the above date, the Planning Board toted APPROVE . . ,the . , SPEC:,AL ?ERIMI`:+ FOR A PLANNED RESIDENTIAL to . . . . . . . . . . . . . based upon the following conditions .... DiLeCmor of Public . orxs 3ul l::ing inspector Signed �{-C4(CLfG �t / "�• Conservation'Administrator Richard A. Nardella, Cha_rman Health :unitarian . . . . . . . . . . . . . . . . . . . . . Assessors joseph Mahoney, cler:: Police Chief . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . _re Chief Richard Rowen Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer John Daghlian File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _nterested Parties TURI N B.R. NELSON +'' Town of 120 Main Street, 01845 Direelor' (608) 682 6483 BUILDING ; :.;: • � NORTH ANDOVER CONSERVATION 'ss,dkue�` DIVISION of HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT April 25, 1994 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit PRD - Seven Oaks Dear Mr. Long: The North Andover Planning Board held a public hearing on March 1, 1994, in the Senior Center behind the Town Building, upon the application of SRW Incorporated, 1 Sundial Avenue, Manchester, N.H. , requesting a Special Permit under Section 8 . 5 of the North Andover Zoning Bylaw - Planned Residential Development. The legal notice was duly advertised in the North Andover Citizen on February 9 and February 1.6, 1994 and all parties of interest were properly notified. The following Board members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons was absent. The petitioner was requesting a Special Permit for the construction of 6 new single family dwellings on a plan that shows 8 lots, Mr. Mahoney read the legal notice to open the public hearing. Ms. Colwell gave the Board an overview of the plans, and read a letter from D. P.W. outlining D. P.W. comments. Mr. Philip Christiansen, Christiansen & Sergi, presented conventional plan with 6 two acre lots and presented PRD Plan with 6 new lots which would extend Sugarcane Lane, limits amount of pavement and tree cutting. double catch basins discharge into leaching basins in the island in the cul-de-sac sidewalks proposed because Sugarcane Lane will have sidewalks (Ms. Colwell to confirm) 50ft buffer zone in open space - 18 acres of open space created . J f r Page 2 : Mr. Rowen: If 8 new lots created, with 7 new houses, what happens with Lot 2 - Can a house be built? Mr. Christiansen: no because designated as open space fifteen 500 gallon leaching tanks will be provided Mr. Nardella asked what is D. P.W. Is opinion of leaching tanks? Mr. Christiansen reply to Mr. Nardella was that EPA recommends use of leaching tanks because all oil, grease, sand, salt and acid rain are filtered prior to entering the environment. Water flows out of the bottom of leach pit, designed for a 100 year storm. Mr. Nardella asked what is D.P.W. ' s opinion? Mr. George Perna, D. P.W. told the Board that perc tests will have to be done to show that basin will work. Mr. Nardella stated that the Planning Board had walked the site in the fall . Mr. Mahoney asked who is responsible for cleaning out leach pits? Mr. Christiansen answered, D.P.W. Mr. Daghlian questioned the ground water table. Mr. Christiansen answered, 8 ' to 91 . Mr. Rowen - Therefore leach pit will be above ground water table. Mr. Nardella asked why PRD? Mr. Christiansen: shorter roadway, limit disturbance of land provides open space for the Town all the conventional lots perc and conform to zoning Mr. Rowen - What is the spacing between the homes? Does it have the same "Look and feel" of existing Sugarcane Lane? Mr. Christiansen -- Yes, it will look like Sugarcane Lane. Mr. James Grifoni, developer, told the Board that 3 , 500 minimum sq. ft. homes will be built. 1 4 d Page 3 : Mr. Nardella - How would drainage be mitigated with Conventional plan? Mr. Perna - D.P.W. will be more diligent about run-off from individual homes and water rushing down driveways. Mr. Thomas Lyons, abutter to the project: concerned about covenants on the property was not notified about public hearing concerned that house size be consistent with what is on Sugarcane Lane Mr. Nardella: We will ask the developer to provide house plans to the Board for review. Mr. Nicholas DiNatale, 45 Sugarcane Lane bought house thinking that land adjacent to 2 acre zoning concern that houses will be too large for the lots too many house lots in a concentrated area Mr. Nardella - look at conventional plan -- would houses be sited any differently? Mr. Christiansen - Yes because roadway is shorter but houses on lots 1 and 3 would be in the same location. Discussion that in a R-1 Zone lots can be 1/2 acre in size (21, 780 sq. ft. ) Planning Board should change this at Town Meeting. R-1, 2 acre should have 1 acre PRD lots. Mark Dudman asked why no 50 ' buffer zone along Lot 8? Mr. Christiansen told Mr. Dudman that the 50 ' buffer zone should be added on the plan around the entire property. Ann Perry, 31 Sugarcane Lane wants to see covenants on the subdivision to make sure that it looks the same as Sugarcane Lane. Mr. Nardella asked Mr. Grifoni if he was willing to put covenants on homes? Mr. Grifoni told Mr. Nardella that he would commit to size of house, design and materials to be used. i Page 4 : Mr. Nardella: Construct the home to fit the topography Mr. Grifoni: everyone has their own privacy because of 50ft. buffer all houses oriented to look into the woods, not into other houses can move house on Lot 7 away from Lot 8 Mr. Dudman: concern that trailers will be parked in existing cul-de- sac Planning Board decision can limit amount of trailers/construction equipment in the cul-de-sac. Mr. Daghlian: 26 ' needs to be shown on street detail On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue the public hearing to March 15, 1994 . On March 15, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, and John Daghlian. Richard Rowen was absent. Mr. Phil Christiansen was present. The Board requested responses to D. P.W. concerns in letter dated March 1, 1994 . Mr. Christiansen responded to D. P.W. concerns. sidewalks needed remove existing cul-de-sac pavement Mr. Daghlian would recommend use of leach pits in the subdivision. Mr. Nardella ask that D. P.W. follow up on response to Mr. Christiansen ' s letter, staff to facilitate. Staff to revisit issue with D.P.W. Planning Board does not see need to create 35 ' pavement. Cannot fit sidewalks in under pavement widths D. P.W. requires. Mr. Nardella suggested ending sidewalk at edge of cul-de-sac. a Page 5 : Amy Lyons, Sugarcane Lane, asked when will cul-de-sac be removed? Ms. Colwell told her at the end of the construction. Covenants will be reviewed at next meeting. On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board voted to continue the public hearing to the April 5, 1994 meeting. On April 5, 1994 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, and Richard Rowen. John Daghlian was absent. Mr. Phil Christiansen, Christiansen & Sergi, told the Board that the infiltration system for groundwater has been reviewed and approved by D.P.W. The cul-de-sac island will be 40 ' with 35 ' of pavement. On the issue of sidewalks, it was recommended that the same language be used as that which appears in the Jerad 11 decision. Ms. Colwell read from the Jerad II decision and it was unclear whether sidewalks are required, they are not shown on the plan. D. P.W. would not recommend sidewalks on this site. Mr. Rowen stated that if sidewalks are not required on the existing Sugarcane Lane, they should not be required on this subdivision. Mr. Nicholas DiNatele, 45 Sugarcane Lane, told the Board that the road has eroded away along the edge of the lawns. He wants sidewalks and curbing to protect the lawns. Mark and Carolyn Dudman, 72 Sugarcane Lane, told the Board that if there are no sidewalks on Candlestick Road, then no sidewalks should be built on Sugarcane Lane. Mr. Hmurciak, D.P.W. stated that at the time when Jerad II was approved, D. P.W. and the Planning Board did not put sidewalks in the subdivision, no bond money was set up for sidewalks and they were not on the plans. The developer is not expecting to put in sidewalks. Ms. Colwell was asked to show exactly what streets were created through the Jerad II plan. Mr. Nardella said that if sidewalks are constructed in Jerad II then sidewalks should be constructed in Seven Oaks. • 1 1 e Page 6: Mr. Christiansen has provided six (6) house designs. Exterior treatments have been provided. Covenants on house size will be recorded by the developer. Lamp post will be installed at the end of driveways. Houses to be tailored to the topography. All houses will be constructed according to the plans submitted. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to close the public hearing. Mr. Nardella also voted. The Board will meet on April 12, 1994 and will discuss this decision at that time. On April 12 , 1994 , the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons was absent. The Board reviewed the Jerad Sl plan and discussed sidewalks. Mr. Rowen and Mr. Mahoney stated that there was no need for sidewalks on Seven Oaks. Mr. Nardella stated that the wording of the decision for Jerad TT can be read to require sidewalks. Mr. Nardella wants sidewalks in all subdivisions. Mr. Daghlian stated that there was low traffic flow in the area, there was no need for sidewalks at this site. Ms. Colwell stated that D. P.W. recommends that sidewalks not be constructed and instead a contribution be made to the sidewalk fund. Mr. Nardella did not want D.P.W. to decide on where sidewalks are going to go in Town. Mr. Rowen wanted added to the decision that the location of the home on Lot 7 should be pulled away from Lot 8 home. Ms. Colwell to check with Town Counsel on shortest time period the Planning Board can impose for endorsement of plans. Mr. Nardella had questions about regulations on propane tanks and distances from the lot line. Ms. Colwell to check with the Fire Department on the standards. Mr. Nardella concerned about tanks along the side of the road. The Board asked the developer to mark the 50ft. buffer zone in the field along Lot 3 , 4 and 8 prior to cut. on a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the subdivision as amended. Page 7 : On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the Special Permit for a PRD as amended. Attached are those conditions. Sincerely, N i Naver Planning Bo ard cha � �12N�a�rm&�— R cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Seven Oaks Special Permit Planned Residential Development Conditional Approval The Planning Board herein approves the Special Permit for a an 8 lot Planned Residential Development known as "Seven Oaks" . This approval is for the creation of 8 new lots with 6 new homes . There is an existing home on Lot 1, Lot 2 is designated as open space, Lots 3 , 4 , 5, 6 , 7, and 6 are newly created lots . This Special Permit was requested by SRW Inc . , 1 Sundial Avenue, Manchester, N14, 03101, on February 4 , 1994 . The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 8 . 5 and 10 . 3 : A. The specific site is an appropriate location for a Planned Residential Development as it is approximately 24 acres in size in an R-1 zone . B . The use as developed will not adversely affect the neighborhood as it is an extension of an existing subdivision. 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. 1n 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 additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this; B . Encourage the preservation of open space . The applicant has dedicated 18 . 1 acres of the property as 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 1 housing types . The Planning Board also finds that a base density of 7 lots with six new homes is appropriate for the PRD. There is an existing home on Lot 1 . This number of lots has been determined from a Preliminary Conventional Subdivision Plan provided to the Planning Board which satisfies the Town' s requirements for submission of such a plan. This Preliminary Plan is described as follows : Plans entitled: Conceptual Plan of "Seven Oaks" Land in North Andover, MA Prepared for: SRW Incorporated Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Dated: 10/18/93 Scale : 1" = 40 ' Finally, the Planning Board finds that the Definitive Subdivision complies 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: The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee in the amount of eight thousand ($8, 000) dollars to be held by the Town of North Andover in an interest bearing escrow account . 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 . Applicant shall provide Planning Staff with a sample deed for review and approval of language contained therein reflecting the 50 foot no--cut requirement shown on the PRD plans, it being the intent that each deed to individual lots must contain such language approved by the Planning Staff . 2 f c . The fifty foot buffer zone must be added to the plan along the property line of Lot 8 . 2 . The plans must be endorsed within sixty (60) days of the filing of the decision with the Town Clerk . If the plans are not endorsed within this time period this approval will automatically be rescinded, 3 . Prior to construction or clearing of lots : a . Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site . The Town Planner and/or Tree Warden must be contacted prier to any cutting on site . Efforts to protect all trees on site must be made . Yellow hazard tape must placed in the field the fifty foot buffer zone along lots 3 , 4 and 8 . b . Construction trailers and equipment must not be stored on the existing cut de sac . 4 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Seven Oaks Definitive Subdivision Conditional Approval must be followed. S . Prior to FORM U verification. (Building Permit Issuance) for an individual lot : a . The house designs must conform to the designs presented to the Planning Board. These designs are described as follows : i . 34 x 46 Colonial, 3 , 556 sqft, Plan No. SP1018 ii . 28 x 42 Colonial , 3 , 738 sqft, Plan No. SP1008 iii . 28 x 42 Colonial , 3 , 597 sqft, Plan No. SP1027 iv. 30 x 42 Colonial , 3 , 634 sqft, Plan No. SP1033 V. 28 x 42 Colonial , 3 , 506 sqft, Plan No . SP1002 vi . 28 x 40 Colonial , 3 , 561 sqft, Plan No . SP1002 b . Copies of all recorded covenants for the subdivision must be submitted. 6 . Prior to a Certificate of Occupancy being issued for an individual lot, the conditions outlined in the Seven Oaks Definitive Subdivision Conditional Approval must be followed. 7 . Prior to the final release of security, Lot 2 , the 3 a i designated open space parcel, must be donated to the Town of North Andover through the Conservation Commission. 8 . The applicant shall, adhere to the following requirements of the Fire Department : a . All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department . b . Smoke alarms must be installed. 9 .. This special permit approval shall be deemed to have lapsed after April 26, 1996 (two years from the date of filing this decision with the Town Clerk ' s Office) unless substantial construction of the roadway and utilities has commenced. Substantial construction will be determined by a majority vote of the Planning Board. 10 . The provisions of this Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control . 11 . 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: Definitive P.R.D. Subdivision Plan Seven Oaks located in North Andover, MA Prepared For: : SRW Incorporated 1 Sundial Ave Manchester, NH 03101 Prepared 'By: Christiansen & Sergi, 160 Summer Street, Haverhill, MA Dated: 1/24/94 Sheets : 1 through 8 Scale : as noted on plans CC . Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File SevenOaks . PRD 4 r j j TOWN OF NORTHANDOVER MASSACIfUSETTS $ PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: SRW Incorporated Acldress , 1 Sundail Ave , Man-chester NH 1 . Application is hereby made (a) For a Special Permit under Section 8 . 5 Paragrauh A-„ of the Zoning Bylaw. _ 2 . (a) Premises affected are landxx and buildings numbered Forest St ._. _ St;r� _ Map 106A, Lot 14 (b) Premises affected are property with frontage on the North South East West. side o'f Street, known as No. Street. (c). Premises affected are .in Zoning, District R-�'2 ' 'ar- the . premises affected have an area. of -24 . 6 acres and frontage of 52. 28^ feet. ,*•waiver requested 3 . ownership: (a) Name ' and Address of owner (if joint ownership, give all names) SRW 'Tnc 1 Sundail Ave - , NU 01101 . Date" of purchase _ Previous owner Brickus (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee other (explain) 4 . Size of proposed building.: front : feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5 . Size of Existing Building : feet front : feet. deed; Height: stories feet . (a) Approximate date of erection (b) occupancy or use (of each floor) z previous application for. Special permit 6. Hai there been from the Planning Board on these premises?. _ If so, when 7 . Description of PoxpbSe for which Special Permit is sought on this petition: I'o promote the publichealth . , safety and general welfare of the citizens of the Town . 8 . Deed recorded in the Registry oaf1661ds inBBook Pasge or Land Court Certificate ae 9 . The principal points upon which I base may application are as follows: (must be stated in detail) . use of the land t o en s ace to protect wetl Preservation of ands nearer flexibilit and more attractive residentsdesign . to facilitate economic and efficient rovision of utilitie I agree to pay for advertis ` g newspaper and postage fee for mailing 'legal notices to res ' ( itioner' s gna re) Every application for ac on by the Board shall be made on a form approved by the Board. These forms shall be furnished by the PP COMMuni.cat.ion' supporting to be an Clerk tjpon request. Any seek application ,shall be treated as mere ade on the official t appl i. cation relief until such time as �t farm. ' All information called for. by the form shall be furnished by the applicant in the manner therein Every application shall be submitted with a ist tt f "P rties of Interest" whs in ich shall_ include the petitioner, land directly opposite on any public or private street or way and three abutters to the abutters within hundred (300) feet of the property line all as they appear on the most recent applicable ch tax list, notwithstanding he Planning hat the Board ted land of s uof the owner Town and the in another city or town ; t Planning Board of every abutting city or town . LIST OF PARTIES IN INTEREST ADDRESS NAMES See attached list Add additional sheets if necessary Any question should be directed to the Planning Office �:.t11:.uk�kl�.lri5 Y.1r:1�3:s.yit :o�,v.!S7:FS'L`�.�ta�� al;f},.tidl' eti' tieti.'if. �.Ci. fd It`-���1.1i)n4�\1u1�;y,V�1.4 L'l�iS2il�:s te.'�: _.._ifC1 5, f�,kSGS.ttltif.'f 1�iJnl'.�.a11'tC,r,5.11..,}1L,��?}i3,.�t,1*z.s Ueur::. tF,} Notic o APPLICANP/TOWN CLERK d Certification df o of Planning Board on De initive Subdivision Plan an itleds �' +` r R JERAD PLACE II By: Th ma dai c 19 , 3.9 96 The North Andover Planning Board has voted to APPROVE said plant subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"l or otherwise provide security for the con— struction of Kays and the installation of municipal services within said sub- divisionp all as provided by G.L. c. 41t S. 81«-U. 2. That all such construction and installations shall in -all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Boardl no building or other structure shall be built or placed upon Lots No, as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: See attached. In the event that no appeal shall have been taken from said approval within twenty days from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. Tit a xNo��x�Cboxatrc�c Boraaactc hers;�$� d ��sx t he; x rs�x NORTH ANDOVER PLANNING BOARD Dates Aril 10 1987 By: Erich W. Nitzsche, Chairman 1 i ' jI 2. Computations will be provided for stage storage discharge of the various detention ponds . 3 . Detention pond at lot 23 . does not appear to contain the correct watershed area and no. comparison for existing flows at this design point is presented therefore it is unclear whether or not this detention pond is mitigation. 4. Runoff of lots 8 & 9 of Phase I and of lots 26 , 27 and 28 of Phase II flow unmitigated into the Mosquito Brook wetland area. The applicant is required to mitigate the increased rate of runoff from development of ' these lots on Phase IT ,. Phase I stands by itself and can not be used for Phase II since this sites runoff bypasses the detention on Phase I and rather a portion of Phase I may indeed flow onto Phase II . Insufficient data has been presented to prove otherwise . 5. Drainage computations are also unacceptable due to the fact that 13' of the proposed 26 lot subdivision has runoff directed away from the detention ponds and mitigation is not addressed in those areas . 34 . Revision to the Definitive subdivision plans do not preclude the possibility that the Planning Board will not have additional comments on impacts of revisions or changes. 35 . Any changes in the approved definitive plan which occurs during construction in regard to the road profiles , horizontal or vertical locations of drainage and any other roadway changes , will be brought to the Planning Board for review prior to implementation. 36 Adequate sidewalks shall be provided by the applicant at the discretion of the ;Planning Board after it receives input from the Department, of Public Works and other pertinent town departments concerning the need for sidewalks in this section of Town. 37 . In order to provide for the common welfare, , convenience and safety of future inhabitants of the subdivision, and to preserve important site features, the applicant shall submit to the Planning Board for its approval an appropriate plan which provides for open space for parks and/or recreation. . 38 . Plans and profiles will be revised to provide a connection to the Seven Oaks subdivision owned by Brickus such that a cul-de-sac be avoided in the said Seven Oaks development. NOTE : The Planning Board would like to recommend that the proposed site would be suitable for a Cluster Development based on the site situation. Although cluster zoning is not an alternative at present, the Board is of the position that if passed, this site would be accomodating to cluster housing.