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HomeMy WebLinkAbout1997-04-16 Recorded Decision PRD Town of North Andover REGE1 ED t tIGNTk 1 OMCE or :.JOYGE BR JOWN ed�mdataat�� t'T'y DEVELOPMENT AND SERVICES H AN 146 Main Street w Taws tk .. : ..:. North Andover, Massachusetts 01845 APR 17 11 5 *I °, °.•A II. WUAM J. SCOTT SSAcHUStii Director NOTICE OF DECISION �s A True Copy Any appeal shall be filled � : l� a • within (20) days after the t Sown 00* date of filling this Notice in the Office of the Town "' Clerk. ' Date . April 16, 1997 �J7 Date of Hearing i 2/18/97, 3/4/97, 3/18/97, 4/8/97, 4/15/97 Petition of Brookview Estates Premises affected Lot 3 Map 90A Lot. 4 Map 105A and a Portion of Lot 55 Map 90A comprising of 43 (+ or -) acres. Referring to'the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.5 SO as to allow construction of. Planned Residential Development (PRD) with 15 new lots _ ,d de, created. After a public hearing given on the above date, the Planning Board voted to Approve the �y based upon the following conditions: S i g n e 'J ?"Irl Building Inspector ' � Mahoney, Chairman °�� en CC: Director of Public Works Joseph V. a Natural Resource/Land Use Planner Richard Rowen, Vice Chairman Health Sanitarian I Assessors Alison Lescarbeau Clerk Police Chief , Fire Chief Richard Nardella Applicant Engineer John Simons File Interested Parties Planning Board E10&OF APP9ALSS 688.9541 Bi1=jNG 688-9545 CONSERVAMN 688-9530 IMAL'T H 688-9540 PLANNING 688-9535 1 1 Town of North Andover o� ,� OFFICE OF �� ,�' `" oL COMMUNITY DEVELOPMENT AND SERVICES T 146 Main Street *_c North Andover,Massachusetts 01845 �'" ,.,,1.•` y WILLIAM J.SCOTT �SSACHUSti�i I Director Ms . Joyce Bradshaw Town Clerk 120 Main Street No . Andover, MA 01845 Re : Brookview Estates - subdivision/PRD Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening October 15, 1996, upon the application of Brookview Country Homes Inc. P .O. Box 531, 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 Lawrence Eagle Tribune on September 30 and October 7, 1996 and all parties of interest were duly notified. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, j Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also present. The petitioner requested 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 (RW-2) Zoning District . Ms . Lescarbeau read the legal notices to open the public hearings . 1 Mike Rosati, Marchionda Associates, presented the plans . A preliminary plan was filed in February, but was denied by the Planning Board due to incomplete soil testing. The proposed definitive plan is for a 16 lot PRD off of Boxford Street containing 43 acres . Mr . Rosati stated that the access across 2 narrow strips of wetland has been approved by Con Com. The lot sizes will be approximately 40, 000 sq. ft with 500 of the land being left as open space . The property will have septic systems and will be on Town water. Mr. Rosati stated that at a TRC meeting it was mentioned that a trail system be incorporated into the plan showing a footbridge over the wetlands . Mr. Simons stated that the proposed plan is predicated upon the preliminary plan the Board did not approve and he does not believe 16 lots are likely. Ms . Colwell stated that if the Planning Board BOMB OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688.9535 allowed the road to be built, then Con Com would be forced to approve the plan. Ms . Colwell read a letter from the Health Department stating that in the conventional plan all the lots perked. The septic testing has not been completed for a PRD plan. Ms . Lescarbeau asked about a. detention pond and Mr. Rosati replied that there' is a very large watershed from mosquito Brook running through the site . There is also a huge detention area on Boxford Street that eliminates the need for a detention pond. Mr. Angles asked how long is the cul-de-sac and Mr. Rosati replied 15001 . There will be an island in the cul-de-sac . Elsie Pouliot, an abutter, asked when the applicant will be before Con Com and Mr. Rosati replied 2 or 3 weeks . The Board discussed access to lots 2 and 6 which would require a span bridge. Buzz Seeley, Duncan Drive, is concerned about the water level and flooding in his basement . A water pipe passes very close by ,his well and he is concerned about contamination. Mr. Rosati stated that a pipe will be dug 5 &,1 feet in the right-of-way in the road, not on private property. Mr . Rosati further stated that if your well is typical there should be no impact on your property. Continued until November 19, 1996 . The North 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. Mike Rosati presented a 16 lot PRD subdivision. Mr . Rosati has met with Ms . Colwell, Mr. Howard, 'Mr. Chessia, and Mr. Kindred to review the drainage and to try and keep the ball rolling. Mr. Rosati stated that they are about to file with the Con Com. Mr. Rosati stated that they might not have to construct the detention areas, but they may need a waiver for the PRD boundary. Ms . Colwell stated that this is a unique situation, technically there will be an increase in water flow across the PRD boundary, but not by the time you get to Boxford Street . The biggest concern is water not backing up on Bradshaw property. The applicant will work with the drainage consultant to size the culvert appropriately. Mr . Rosati showed a conventional plan not connecting to Duncan Drive with one less lot. In an effort to move plan forward Mr. Kindred will go with this conventional plan if necessary. Mr. Rowen asked if on the conventional plan does the lot 11 meet all requirements . Mr. Rosati stated that it did. Ms . Colwell stated that Mr. Rosati will have to submit conventional plans to her. Mr . Simon commented to Ms . Colwell about the flood plain on Boxford Street and how it flooded 2-3 feet during the storm. Mr. Simon asked how far the flood plain was away from the septic system. Mr. Rosati stated that it was far away and at a much higher elevation. Elsie Pouliot 'showed pictures to the Board of water at Duncan Drive as a reason the road should not connect to Duncan Drive. Mr. Simon asked how much upland is open space . Mr. Rosati stated that total open space is 25 acres and. the required is 15 acres, the total of upland is 12 acres and the required is 11 . Mr. Angles stated ti that using topography to control run off is the best idea as long as it is shown to our consultant that it does not create problems at Boxford Street . The North Andover Planning Board held a regular meeting on February 18, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . Dave Kindred and Mike Rosati were present representing Brookview Estates . They have filed with ConCom. They are dealing with a number of issues with Conservation Committee. One of the issues is proposing to extend the water from Duncan Drive. Mr . Rosati stated that they have a letter from John Chessia, the town' s outside consultant, ,stating that they can continue to drain into the wetland resource area . Mr. Rosati ,-stated that their biggest concern is getting water to the subdivision. ConCom •suggested not to alter the wetlands to get the water through, he said. Mr. Rosati stated that an option is to burrow a sleeve under the wetlands . Ms . Lescarbeau asked what it would. cost for them to do something like this . Mr. Rosati stated about $25, 000 - $50, 000 . Mr. Nardella stated that he thought that would be ludicrous to j make a developer spend that to avoid disturbing a small wetland for a brief time. 1 Mr . Rosati stated that they wanted to create a path to Duncan Drive and put a Boardwalk over the wetlands as an alteration. i Mr. Nardella asked if you need the boardwalk to get access . Mr. Rosati stated yes . Ms . Lescarbeau stated that she thought that the Planning Board should write a letter to the Conservation Committee stating that the Planning Board endorsed 'a water line tie-in and pedestrian access from Duncan Drive . Mr. Rosati stated that the Seellys, abutters, have the problem with the boardwalk because they feel that when the boardwalk is flooded people will cut across their property to get to Duncan Drive. { Elsie Pouliot, Boxford Street, stated that a lot of this negative input is coming from the abutters because there is a stream that runs behind the Seellys property and it increases flooding. Mr. Rosati stated that Mr . Kindred spoke to the Seellys and they have agreed to put the waterline on their property jacked under the wetlands . The Seellys are willing to allow an easement to 1, their property but Mr. Seelly does not want to see the boardwalk, r Mr. Nardella asked how long the boardwalk was . Mr. Rosati stated it was 4' x 10' going from edge of the stream to edge of stream. Mr. Rosati stated that they have offered the Seellys a fence around their property so people would not cut through their property if the boardwalk did flood. Mr. Rosati stated that Mike Howard, Conservation Commissioner is agreeing with boardwalk. Mr. Mahoney said he would send a letter to the Conservation j Commission with respect to the water main and pedestrian access in time for the Commission' s meeting on Wednesday. Mr . Rosati stated that at - this point in time all issues are fine with John Chessia, Town' s Consultant. ,-Mr. Rosati asked if the Board could put the Boardwalk in their decision. Mr . Simons asked if the Conservation Committee is voting on the Order of Conditions or on the drainage issues . Mr . Nardella asked what the total number of houses that they are planning to get. Mr. Rosati stated that 15 as a part of this process . Mr. Rosati stated that Sandra Starr, Health Administrator stated that there are 15 lots . Mr . Simons asked that if the commission was giving the applicant such a hard time what makes you think that they will give you 15 lots . Mr. Rosati stated that all the lots are out of the buffer zone . Mr. Nardella asked if there was ever talk about an access to Duncan Drive . Mr. Rosati stated that there was no incentive to put it through because it would be a large wetland crossing. Mr. Mahoney stated that ConCom and Planning are doing two parallel things based on each others conclusions . On a motion by Mr. Nardella, seconded by Mr . Simons the Board voted unanimously to extend the deadline for Brookview Estates until April 3.0, 1997 { The North Andover Planning Board held a regular meeting on March 4, 1997 . The following members were present: Joseph V. Mahoney, Chairman, R.ichard 'Rowen, Vice Chairman, Alison Lescarbeau, Clerk, and John .Simons . Kathleen Bradley Colwell was also present . ti Ms . Colwell stated that she and Ms . Starr, Health Administrator, will be attending the ConCom meeting on March 12, 1997 to talk about the water main issues . Mr. Kindred requested a continuance until March 18, 1997 . The' North Andover Planning Board held a regular meeting on March 18, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and Richard Simons . Kathleen Bradley Colwell was also present . Mike Rosati, Dave Kindred and Gary Kelloway were present representing Brookview Estates . Mr. Mahoney stated that he spoke with Mike Howard and Mike is in favor pf this plan. Mike Rosati stated that the Seellys have two concerns : the tree clearing and the boardwalk. Katherine Seelly, 167 Duncan Drive, stated that they have already cut 2 large trees to grant the easement . There was water completely up to her property line during the major rain storm in October. She stated that if they put the boardwalk in that is going to bring people to her property when the boardwalk is flooded over. She would rather the boardwalk go somewhere else. Mr. Kindred stated that if the boardwalk is put in the people will get used to using it and when it is flooded they may use the Seelly' s property. Ms . Lescarbeau stated that the people are going to find a way to cross if its there or not'. Ms,. Lescarbeau feels that without the boardwalk the Board would be approving a plan with open space that will not be used. Mr. Rowen stated that the Board prefers connecting neighborhoods . He stated that he would like to find a way to make a dry path even though children are going to find a way to get through. Ms . Colwell asked if there was a way for this issue to be resolved. r j R 7�' PG 61 Mr. Mahoney stated that the town is a cluster of neighborhoods that are not connected. Mr. Nardella suggested that they use a stone - path to direct them in the right way. ' Mr. Nardella also stated that. the Board' s first preference is connect roadways . The Board agreed to waive this requirement due the large wetland crossing involved but would require some sort of access . Ms . Seelly stated that she thinks it looks more homier with a cul-de-sac. Mr. Rosati stated that they plan on planting trees to stop people from cutting through the Seelly' s property. Mr. Rosati also stated that there is a stone bridge that connects to Wintergreen. Mr. Kelloway stated that through the jacking area there is a path and there are rocks that already exist. i' Ms . Lescarbeau stated that the purpose of a PRD is to preserve open space the is accessible. Elsi Pouliot, asked if all open space is town owned. Mr . Mahoney stated that no all of it but, most of it . Ms . Colwell was directed to work out the path location with the applicant for the next meeting. Continued until April 1, 1997 . Due to a blizzard on April 1, 1997 the meeting was postponed until April 8, 1997 . The North Andover Planning Board held a regular meeting on April 8, 1997 . The following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. Kathleen Bradley Colwell was also present . Mike Rosati, Dave Kindred and Gary Kelloway were all present representing Brookview Estates.. Ms . Colwell met with the Trails Committee and with the applicants . There will be a 4"x4" hard plastic sign that would be posted on the trees along the trail . The path will meander along the The Conservation Commisiion will review the wetland crossing. No big trees will be cut down, The Trails: Committee would prefer to put stone dust on the trail : Mr. Rowen recommended that they backfill with woodchips over where they install the drainage pipe . i B pa° 4779 �7 g7ern' G +,,� a�@` 'S � Y 1 tra w y7rc Ann Barbagallo, an abutter, asked why do want to connect the neighborhoods. Mr. Nardella stated that if your child wants to go to another neighborhood and play they don' t have to walk on a main road and get hurt. Ms . Barbagallo asked who was responsible of keeping +up with the bridge . Ms . Colwell stated that the Trails Committee who is responsible. Ms ., Barbagallo asked if anyone from town could use this trail or if it was just for the neighborhood. Mr. Rowen stated that any North Andover citizen could go on the trail . Elsi Pouliot, of Boxford Street, stated that she walks Boxford Street every day and would love to use the trail instead. of walking on Boxford Street. Ms . Pouliot also stated that there is 300 acres of open space because of PRD' s in town and would like to make some use of that open space . On a motion by Ms . Lescarbeau, seconded by Mr. Nardella the Board voted unanimously to close the public hearing. The Board directed Ms . Colwell to draft a decision. The North Andover Planning Board held �t regular meeting on April 15, 1997 . The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. Kathleen Bradley Colwell was also present. On a motion by Mr. Nardella, seconded by Mr. Angles the Board voted 4-1 to accept the Special Permit decision as amended. Mr. Simons opposed. Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board � � 9 B S 4779 !G 63 Brookview Estates Special.Permit-Planned Residential Development Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a fifteen (15) lot Planned Residential Development (PRD) known as Brookview Estates. This application was submitted by David Kindred, Brookview Country Homes, Inc., PO Box 531, North Andover, MA 01845 on September 2; 1996. The area affected contains approximately 43,31 acres of land in a Residential- 1 Zone off of Boxford Street. The Planning Board makes the following findings: A. The specific site is an appropriate location for a Planned Residential Development as there is a significant wetland resource area surrounding the buildable portion of the site. The overall disturbance of the site will be minimized through the development of a PRD. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential- 1 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, 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 25.91 acres of the property as Open Space; C. Permit greater flexibility and more attractive and efficient design of residential development; D. Meet the Towd's housing needs by promoting a diversity of housing types. The Planning Board finds that a base density of 15 new lots is appropriate for the Planned Residential Development. This number of lots has been determined from the following plan: Conventional Subdivision Plan, Brookview Estates in North Andover, MA, prepared for Brookview Country Homes, Inc.,PO Box 531;North Andover, MA 01845. 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: T. , /rhe developer shall designate an independent Environmental Monitor who shall be chosen in V consultation with the Planning and Community Development Staff. The. Environmental 1 Monitor must be available upon four (4) hours notice to inspect the site with the Planning { 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. 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 V 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 fifty foot buffer zone around the perimeter of the PRD must be added to sheets 9 - 11 of the subdivision plan. by 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 25.91 acres of Open Space as shown on the plan must be deeded to the Town through the Conservation Commission. 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,in respect to such 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. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. The land must be transferred to the Town at the time of roadway acceptance. 4. Prior to Construction: Yellow"hazard"tape must be placers along the proposed tree line as shown on the plan and reviewed and approved by the Planning Department. Any revisions to this line will be reviewed by the Planner in the field. /b) All erosion control measures as shown on the plan must be in place and reviewed by C/ the Planning Department. 2 � i 5. Prior to releasing individual tots from the statutory covenants, the conditions outlined in the Brookview Estates Definitive Subdivision Conditional Approval must be followed. 6, Prior to FORM U verification for an individual lot,.: a) Prior to FORM U verification on lot 11 the Community Path from the end of Duncan Drive through lot 11 to the Brookview Drive cul-de-sac as shoal' n on the plan must be constructed as follows: i) location of"this path wi11 be marked In the field and reviewed by the Town PlanneKconservation Adnuwstrator and Trails Committee prior to any work on the path. t;d A 4' to 5' wide path must be cleared of brush for the entire length of the path. No large trees will be removed. 4"x 4" , hard plastic "Community Path" signs will be placed at the entrance to the path and at various points along the trail as required by the Trail Committee to mark the path. rv) The type of wetland crossing will be determined by the Conservation Commission. 7. Prior to Planning Board verification of the Certificate of Occupancy, the conditions outlined in the Brookview Definitive Subdivision Conditional Approval must be followed. J' 8. Prior to the final release of security held for the subdivision, ca�) The boundaries of the Open Space to be conveyed to the Town through the Conservation Commission must be permanently marked in the field and all areas within the open space that were disturbed for soil testing etc. must be restored to their natural state. b) The 25.91 acres of Open Space as shown on the plan must be deeded to the Town through the Conservation Commission. 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. This special permit approval shall be deemed to have lapsed on C": ; 4 i (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 11. The provisions of this Special Permit shall apply to and be binding upon the applicant, its 3 employees, contractors and subcontractors 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 information: a) Plan titled: Definitive Subdivision Plan Brookview Estates IL North Andover,Massachusetts Prepared for: Brookview Country Homes Inc. PO Box 531 North Andover,Massachusetts 01845 Prepared by: Marchionda&Associates,L.P. 62 Montvale Ave., Suite 1 Stoneham, MA 02180 Date: September 6, 1996; rev. 3/6/97, 3/17/97, 3/18/97, 4/2/97 Scale: As shown Sheets: 1 through 15 b) Booklet titled: Definitive Application for Brookview Estates,North Andover, MA Prepared for: Brookview Country Homes,P.O. Box 531,North Andover, MA Prepared by: Marchionda&Associates, Inc,, 62 Montvale Ave. - Suite 1, Stoneham,MA 02180 Dated: September 6, 1996 Co. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Brookview Estates-PRD A .}..RU _ COFIY� Af l",S; J 1 J , l r � a f f.• REGISTER OF DEED 4