HomeMy WebLinkAbout2002-12-27 Recorded Decision - PRD DEF SUB 'Town of North Andover
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Office of the Planning Department �=A4,40.p b;roQ<
Cona"111ni$y Development and Seirrxces Dlvisl®n -
27 Charles Street a,
Nrn'th Andov(,r, Massadwseas 01845
I�:ath,v.rllc�enttrr Telephone(978)6t;8-9535
Planning Direc�r,a' Fax (978) 688-9542
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NOTICE OF DECISION ,
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice Thls Is to ceitify that twenty(to)daysCD
In the Office of the Town have elapsad from date of de*l 0d
110thout tiling of an 1, ►s e: December 27, 2002
ClerkDate
JOY0n s of Hearings: September 10, 2(2,
Town Clerk dsilaw
Joya October 1, 2002, October 15, 2002,
December 3, 2002 &December 17, 2002.
�etltion of: Tara Leigh Development, LLC
185 Hickory Hill Road,North Andover, MA 01845
Premises affected: Property along Bradford Street in the Towns of North Andover and
Boxford Massachusetts
Refers ing to the above petition for a Special Permit for a Planned Residential Development,
known as Carter Farm. The application was noticed and reviewed in accordance with the
procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North
Andover Zoning Bylaw And MGL c.40, see. 9.
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So as to allow: construction of a seventeen(17) lot subdivision consisting of single-family
homes with three multi-use recreation fields, playground, town common
and open space
After public hearings given on the above dates, the Planning Board voted to APPROVE the
special permit for a Planned Residential Development, based upyons,
a following conditions:
Signed:John Si Chairman
Cc: Applicant Richard Nardella, Clerk
Engineer Felipe Schwarz
Abutters George White
DPW p,j,rl EST
Building Department A.Tvtje Copy
Conservation Department ��
ZBA
Health Department 'l'o�v:a CIot i;
BOARD Or kPPEALS 688-9541 BUILDI\TG 688-95,15 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535
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Carter Farm Subdivision
Planned Residential Development Special Permit
The Town of North Andover Planning Board hereby grants the Special Permit for a
Planned Residential Development, known as Carter Farm Subdivision of 17 single-family
lots with three multi-use recreation fields, playground, town common and open space as
requested by Tara Leigh Development, LLC, 185 Hickory Hill Road, North Andover,
MA 01845, on August 9, 2002. The fore mentioned development company submitted a
complete application on August 9, 2002. The application was noticed and reviewed in
accordance with the procedures for approval described in Sections 8,5, 10.3 and 10.31 of
the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is
located off Bradford Street in the R-2 Zoning District and is identified as Town of
Boxford Assessor's Map 4, Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels,
Town of Boxford Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138 are also
encompassed by this decision. The Planning Board makes the following findings as
required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31.
a) The North Andover -Planning Board properly retains jurisdiction as the Town
Boundary line between Boxford and North Andover has been changed per State
Legislature ratification of House Bill Number 5390 on December 9, 2002.
b) The specific site is an appropriate location for a Planned Residential Development
as the property is located within the Town's Watershed District and the PRD plan
minimizes the amount of disturbance on the hillside.
c) The use as developed will not adversely affect the neighborhood as this site is
located in a residential area and there is approximately 98 acres of open space
associated with the development. Part of the proposal is the provision of three
multi-use recreational fields for the town and neighborhood use.
d) There will be no nuisance or serious hazard to vehicles or pedestrians.
e) 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, including Sections
8.5 and 10.3, 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 additional open space, reducing the amount of clearing and
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excavation normally associated with the construction of residential dwellings
on a site such as this, and facilitates the economical and efficient provision of
utilities;
B. Protect waterbodies and supplies, wetlands, floodplains, hillsides, wildlife and
other natural resources due to the preservation of open space, and the project
design minimizes and protects such natural resources;
C. Encourage the preservation of.open space. The applicant has provided greater
than 35% of the property as Open Space and has agreed to preserve an
additional 82 acres;
D. Permit greater flexibility and more attractive and efficient design of residential
development;
E. Meet the Town's housing needs by promoting a diversity of housing types.
F. The Planning Board also finds that a base density of 17 house lots is
appropriate for the PRD.
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 Board
designated official. The Environmental Monitor shall make weekly
inspections of the project, meet weekly with the Town Planner and file
monthly written reports to the Board, detailing areas of non-
compliance and 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 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 applicant shall post (per agreement with the North
Andover Planning Board) a Site Opening Bond in the amount
of five thousand ($5,000) 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
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herein, prior to the posting of the Performance Security as
described in. Condition 6(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.
4. Prior to receipt of a Certificate of Completion required to be
q obtained for the
project described in the Definitive Subdivision Decision, 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 with respect to such land including
relevant areas of parcels now know as Town of Boxford Assessor's Map 4,
Block 1, Lot 3 and North Andover Map 62, Lot 2. Parcels, Town of Boxford
Map 4, Block 1, Lot 3.1 and North Andover Map 62, Lot 138. 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, subject
to certain easenients and restrictions to be described therein. Documents to this
effect mast be shall be drafted by the, applicant and reviewed by the Planning
Staff prior to the release of any of the lots from the covenant described in
Condition 6 of the Definitive Subdivision Conditional Approval and the
property must be conveyed prior to acceptance of the road by the Town.
5. Prior to acceptance of the roadway by the Town, the designated open
space parcel sEall be donated to an appropriate conservation organization or the
Town of North Andover through its Conservation Commission as determined
by the Planning Board.
6. Prior to Construction, Yellow Hazard tape must be placed along the no-
cut line as shown on the approved plans behind lot 14, or as otherwise
designated, and must be confirmed by the Town Planner. The Town
Planner must be contacted to review the marked tree line prior to any cutting on
site. The applicant shall then supply a copy of a plan, certified by a registered
professional engineer, certifying that the trees have been out in accordance with
the approved plans.
7. Prior to releasing individual lots from the statutory covenants, the Planning
Board must by majority vote make a specific finding that the Erosion and
Siltation Control Program is being adhered to, and that any unforeseen
circumstances have been adequately addressed.
8. The applicant must comply with the Growth Management Bylaw, Section 8.7
of the Town of North Andover Zoning Bylaw.
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9. The Planning Board approves the following parameters for house design:
traditional or New England Style and design with traditional clapboard,
shingle, brick, or stone facades; architectural roof shingles or shakes;
minimum roof pitches (excluding on porches) of 8 in 12; and minimum
finished interior living space of 2300 square feet. Reference design sketches
and correspondence from Thomas Zahoruiko, Manager, Tara Leigh
Development LLC dated December 17, 2002.
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10. Upon application of a building permit, the applicant shall adhere to the
following requirements of the Fire Department and the Building Department:
a. All structures must contain a residential fire sprinkler system. .
The plans and hydraulic calculations for each residential
system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic
calculations for each residential system must also be supplied
to the Building Department when applying for a building
permit.
11. After the conveyance of each residential lot, the applicant must provide the
Planning Department with a copy of each deed evidencing the following
language:
"As required by the PRD Special Permit issued by the Town of North
Andover Planning Board, dated December 17, 2002, the Buyer of Lot
within the Carter Farm Subdivision acknowledges that the Open Space Parcels
shown on said plans, which has been or will be conveyed to an appropriate
conservation organization or the Town of North Andover through its
Conservation Commission as determined by the Planning Board, • for
conservation, agricultural and I or recreational purposes, shall provide the
Town with the right, but shall not impose any obligation on the Town, to
maintain the Open Space parcels in any particular state or condition,
notwithstanding the Town's acceptance of such Open Space parcels".
12. Prior to verification of a Certificate of Occupancy. The residential fire
sprinkler systems must be installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the systems have been installed
properly in accordance with the abovereferenced regulations must be provided
from both the North Andover Fire Department and the North Andover Building
Department.
13. Tree cutting shall be kept to a minimum throughout the project to minimize
erosion and preserve the natural features of the site. If any tree cutting occurs
outside of the no-exit line as shown on the plan, a reforestation plan must be
submitted as outlined in Section 5.8(6) of the Zoning Bylaw.
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14. This special permit approval shall be deemed to have lapsed aft
er December17, 2004 (two years from the date permit granted) unless substantial
construction of roadway and utilities has commenced.
15. The provisions of the Special Permit shall apply to and be binding upon the
applicant, its employees, contractors and subcontractors and all successors in
interest or control.
16. The developer shall implement and fallow all requirements set et forth in this
decision (conditions 1-13 above) and the plans and reports, referenced below
in conditions 14aA. Failure to comply with all requirements therein and the
conditions of this approval, shall be the basis for the Planning Board, voting
by majority vote, to stop all site work and construction until defects on the site,
are corrected and the development is put back into plan compliance, plan
compliance will be solely determined by 'a majority vote of the Planning
Board based upon the developers written comments and the conditions
contained herein.'
a) Plan titled: Definitive Subdivision Plans for Carter Farm Subdivision
Bradford Street
North Andover,Massachusetts 01845
Dated: August 9,2002,last revised November 4,2002
Applicant: Tara Leigh Development,LLC
Civil Engineer:CIF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Sheets: 1 —24
Scale: Varies per drawing
Landscape Architect:
Huntress Associates,Inc.
Landscape Architecture&Land Planning
17 Tewksbury Street
Andover, MA 01810
b) Play titled: Special Permit and Definitive Subdivision Plan
Density Proof Plan
Carter Farm Subdivision
North Andover, Massachusetts 01845
Dated: August 9,2002,last revised September 24, 2002
Applicant: Tara Leigh Development,LLC
Civil Engineer. MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Sheets: 4
Scale: 1"= 120'
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c) Report titled: Stormwater Management Drainage Calculations&Best
Management Practices, MHF Project#110900
Carter Farm Subdivision
North Andover,MA 01845
Prepared by: MHF Design Consultants,Inc.
103 Stiles Road, Suite One
Salem,NH 03079
Dated: August 2, 2002, last revised November 5,2002
d) Coi-iespondence: Carter Farm(Fields)Home Design, Correspondence
and Sketches
Written by: Thomas Zahoruiko, Manager, Tara Leigh Development
Dated: December 17, 2002
17. The Town Planner shall approve any insubstantial changes made to the plans
and reports described in Sections 7 and 14, Any changes deemed substantial by
the Town Planner shall be presented to the Planning Board for a determination
by the Board whether such changes would merit a public meeting or hearing
and/or Special Permit modification.
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