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HomeMy WebLinkAbout1997-01-24 Decision DEF SUB Town of North Andover < NOR,h OMCE OF �� h�, � o ,��6wo{ �oY UNITY DEVELOPMENT AND SERVICES J' NQR �, 146 Main Street North Andover, Massachusetts 01845 WILLIAM J. scot P' SS4CNUSti� Director NOTICE OF DECISION ATTEST. Any appeal shall be filled ATtueCo.:,y within (20) days after the _ 4" date of filling this Notice Town Cluk in the Office of the Town that We*(20)days elapsed Iron date of rkiaWw M,4 �rsttoutfllingpiep January 24, 1997 bate 9 Date d`. 7aCtearlshaw Date of HearingJanuar 21 1997 wn w Petition of Settlers Ridge Premises affected are in the Zoning District R-2 between number's 145 & 189 Bradford Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.5 SO as t0 aIIoW construction of a Planned Residential Development of 11 new lots,, ,.. After a public hearing given on the above date, the Planning Board voted to Approve the Special Permit based upon the following conditions: Signed CC: Director of Public Works Joseoh V, Mahoney, Chairman Building Inspector Natural Resource/Land Use Planner Richard Rowen, Vice Chairman Health Sanitarian Assessors Alison Lescarbeau, Clerk Police Chief Fire Chief ' Richard Nardella Applicant Engineer John Simons File Interested Parties Planning Board BOARD Or.APPEALS 688-954I SLJIIDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAN MO 688-9535 ho� 3 U Town of North Andover �owTk o� � CE OF 3�04�<«�0 ,tiooL COMMUNITY DEVELOPMENT AND SERVICES w . n 146 Main Street North Andover,Massachusetts 01845 'Arlo 0 �5 WILLIAM J. SCOTT 9SSACH S Director Ms . Joyce Bradshaw Town Clerk 120 Main Street No . Andover, MA 01845 Re : Settlers Ridge - subdivision/PRD Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening October 15, 1996, upon the application of Thomas D. Zahoruiko, 185 Hickory Hill, No . Andover, MA 01845 requesting a special permit under Section 8 . 5 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on September 25 and October 2, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present . The petitioner was requesting a special permit for the construction of a Planned Residential Development (PRD) , with eleven (11) new lots created. The site is located in the Residential-2 (R-2) Zoning District . Ms . Lescarbeau read the legal notice to open the public hearing . Tom Zahoruiko was present with the plans for an 11 lot subdivision/PRD. The property is located off of Bradford Street about 1/3 of a mile from the water tower. It is a 12 1/2 acre parcel of land to contain 11 homes with 40% of the land designated as open space . The property will be on Town water and sewer. David Ghikas, 186 Bradford Street, asked what is the distance from the first house to Bradford Street and Mr. Zahoruiko replied 4001 . George Chopas, 210 Bradford Street, asked if there was only one -entrance to the development and Mr . Zahoruiko replied "yes, we are only going in 1, 000 feet . " BOARD of APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9$30 HEALTH 688-9540 PLANNING 688-9535 � y , } Steve Daly, 162 Bradford Street, stated that there is much more j traffic on Bradford Street now than 5 years ago . Mr . Daly' s concern is that there won' t be good visibility as cars try to enter Bradford Street from the proposed subdivision. Mr . Zahoruiko replied that the terrain is rather flat in that area so there should be no problem. Ms . Colwell stated that the drainage was reviewed by Coler & Colantonio and there are only small issues to be resolved. The site distance on Bradford Street must be measured. Mr. Simons asked Mr . Zahoruiko to expand on the detention pond and its location. Mr . Zahoruiko stated that it is usually placed near the infrastructure and the detention pond must be 25' from the wetlands . Mr . Mahoney asked if it was necessary for the pond to be at the beginning of the subdivision? Mr . Zahoruiko stated that he will review the location with the engineer . Mr. Zahoruiko stated that the sewer line will gravity feed through the back of the subdivision via an easement from the Barkers . Mr. Mahoney asked what will happen to the open space and Ms . Colwell replied that there is a 10 acre parcel between this open space and the open space at White Birch and possibly they could be linked up. Mr . Mahoney stated that he was more concerned about who would own the open space and Ms . Colwell stated that she assumed the Town would own it . Ms . Lescarbeau read into the record a Letter from Elizabeth Barker asking if the 50' buffer zone restriction could be waived. Mr. Mahoney asked "why" and Ms . Barker stated that someday she may want to build a home on lot 6 and if there were no buffer zone restriction she could have better house placement . Mr. Simons asked about landscaping and Mr . Zahoruiko replied he doesn' t have a plan yet, but will provide one to the Board. Discussion continued until November 19, 1996 , The Norch Andover Planning Board held a regular meeting on November 19, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, and Richard Simons . Mr. Tom Zahoruiko presented plans . At the last meeting the Board asked Mr. Zahoruiko to review the location of the detention pond. He had reviewed the location with his engineer and. with the staff and that is the best location. Ms . Lescarbeau, asked how far off of the existing street is the pond. Mr . Zahoruiko stated it was 60 feet. Mr. Simon suggested that the pond be landscaped. Mr. Zahoruiko stated that the pond would fill in with its own natural growth over tire . Ms . Colwell, Mr. Zahoruiko, and Mr . Howard talked about looking to cross the wetland with a box culvert . Ms . Colwell is not comfortable with closing the public hearing until the applicant meets with the Con Com. Discussion was continued until December 17, 1996 . The North Andover Planning Board held a regular meeting on December 17, 1996. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and Richard Simons . Kathleen Bradley Colwell was also present . Continued until January 7, 1997 The North Andover Planning Board held a regular meeting on January 7, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and Richard Simons . Kathleen Bradley Colwell was also present. Ms . Colwell stated that the Department of Environmental Protection came out with new storm water regulations and the applicants have to file with ConCbm. Which may effect the overall layout of the subdivision . Mr . Rowen has concerns about cut slopes and the need for interception drains . They need to be put in as a condition . Mr. Simons stated that they will provide landscaping along the edge of the road. Beth Barker of 201 Bradford Street, would like the 50' buffer zone on lot 6 waived because she will retain the lot and her family owns the surrounding land. Mr. Nardella stated that they should place provisions on the land such that the buffer zone will exist if property changed hands . Mr. Rowen stated that the purpose of the buffer zone is to buffer existing homes . On a motion by Mr. Angles, seconded by Mr. Rowen the Board voted unanimously to waive the buffer zone permanently. The Board suggested that Ms . Colwell write a draft decisiol into 'that effect . � I r On a motion by Mr. Rowen, seconded by Mr . Simons the Board voted unanimously to close the public hearing. The North Andover ?lanning Board held a regular meeting or.. January 21, 1997, 1996. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and Richard Simons . Kathleen Bradley Colwell was also present . Tom Zahoruiko was present representing Settlers Ridge . Ms . Colwell had a draft decision made . There were two things that needed to be addressed. The 501 buffer zone will be waived on lot 6 and they have to determine how they are going to landscape the detention pond. Ms . Colwell spoke to Mike Howard to see if it would conflict with DEP rules . Mr. Rowen stated that when they outline the detention pond it looks like your trying to hide something. ► Mr. Nardella stated that he would like to see that something be done to avoid having litter going into the detention pond. Ms . Colwell stated that they should do a mix of both, inside and outside of detention pond. Mr. Zahoruiko stated that they will put trees and bushes in a clump mixture, randomly placed in and around the detention pond to be reviewed by the Town Planner . Mr. Zahoruiko questioned some issues raised by the consultant . He has spoken with Bill Hmurciak and thought they would not be required. Ms . Colwell stated that she will confirm these items with Bill Hmurciak before approval . On a motion by Mr. Nardella, seconded by Mr. Angles the Board voted unanimously to approve the special permit . On a motion by Mr. Nardella, seconded by Mr . Angles the Board voted unanimously to approve the definitive subdivis__on o_i approval . Sincerely, �mC� V Mahone Joseph . y, Chairma�i North Andover Planning Board I j Settlers Ridge Special Permit-Planned Residential Development Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for an eleven (11) lot Planned Residential Development (PRD) known as Settlers Ridge, This application was submitted by Thomas D. Zahonriko, 185 Hickory Hill Road, North Andover, MA 01845 on September 19, 1996. The area affected contains approximately 12,5 acres of land in a Residential W 2 Zone off of Bradford Street. The Planning Board makes the following findings: A. The specific site is an appropriate location for a Planned Residential Development as the homes will be constructed on the flattest portion of the site away from steep slopes and wetlands. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential-2 zoning district. 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 Planned Residential Development 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 most efficient use of land in harmony with its natural features by preserving additional open space, by eliminating conflicting and confusing common driveways, and by limiting the amount of wetland filling required to access the site; B. Encourage the preservation of open space. The applicant has provided approximately 5 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 housing types. The Planning Board finds that a base density of 11 new lots is appropriate for the Planned Residential Development. This number of tots has been determined from the Preliminary Plan of Land in North Andover, Mass, owned by Elizabeth Barker,Named `Settlers Ridge", Scale: 1" =40', Date: 7/25/96. Finally, the Planning Board finds that the Planned Residential Development complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning 1 4 I Board designated official. The Environmental Monitor shall make weekly inspections of the project, meet monthly with the Town Planner and file monthly written reports to the Board containing construction updates and any areas of non-compliance with the plans and conditions of approval. I 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. 3. 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 Planning Board has agreed to waive the fifty foot buffer zone. on Lot 6 as more My describe in Condition l a A therefore the fifty foot buffer zone should be removed from this lot on the final plans to be endorsed. b) The applicant shall post(per agreement with the North Andover Planning Board)a Site Opening Bond in the amount of$10,000 (ten thousand dollars) 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(d) 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. c) The Open Space parcels as shown on the plan must be donated to the Town through the Conservation Commission prior to the acceptance of the roadway at Town Meeting as stated in Condition 6(c)of the Definitive Subdivision Approval. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. The land must be transferred to either the State or the Town at the time of roadway acceptance. 4. Prior to Construction: a) Yellow"hazard" tape must be placed along the fifty-foot buffer zone as shown on the approved plans and reviewed by the Town Planner. b) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Department. 5. Prior to releasing individual lots from the statutory covenants, the conditions outlined in the Settler's Ridge Definitive Subdivision Conditional Approval must be followed. 6. Prior to FORM U verification for an individual lot, the conditions outlined in the Settlers 2 V Ridge Definitive Subdivision Conditional Approval must be followed.: a) The Planning Board approves the sample house designs as presented to the Planning Board at the public hearing. The homes designs will be similar to those constructed at Hickory ff ll. T Prior to Planning Board verification of the Certificate of Occupancy, the conditions outlined in the Settlers Ridge Definitive Subdivision Conditional Approval must be followed. 8. Prior the final release of security, a) Groups of landscaping with a variety of trees to be reviewed and approved by the Town Planner must be planted between the edge of the detention pond and Settlers Ridge Road and in the detention pond itself. 9. 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. 10. The following waiver has been granted to Section 8.5(6)(D) of the North Andover Zoning Bylaw regarding the requirement of a fifty foot buffer zone: a) The Planning Board agrees to waive the fifty foot buffer zone on Lot 6 as both this lot and the surrounding property is owned by a member of the Barker Family. The purpose of the this zone is to buffer esssting homes from the proposed higher density PRD. As this lot will be surrounded by land owned by same family, and there are no pre-existing homes, there is no reason to buffer this lot. 11. This special permit approval shall be deemed to have lapsed on ^ QL-) IQ (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 12. 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. 13. 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 information: a) Report Titled: Drainage Report Settlers Ridge North Andover,Massachusetts Dated: September 4, 1996 Prepared for: Thomas D. Zahoruiko 185 Hickory Hill Road North Andover,Massachusetts 3 1 F Prepared by: Christiansen& Sergi 160 Summer Street Haverhill,MA 01830 b) Plan Titled: Definitive Subdivision Plan"Settlers Ridge" Located in North Andover, MASS Record Owner:Elizabeth Barker 201 Bradford Street North Andover,MA Applicant: Thomas D. Zahoruiko 185 Hickory Hill Road North Andover,MA Prepared by: Christiansen& Sergi 160 Summer Street Haverhill,Na 01830 Dated: Sept. 11, 1996, rev. 9/25/96, 10/31/96, 11/13/96 Sheets: 1 through 7 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Settlers Ridge-PRD 4