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HomeMy WebLinkAbout1988-08-19 Decision PRD 7/31/1989 ` 1 MUM fflfl TOWN OF NORTH ANDOVER [1API�i:� L;li#t3 MASSACHUSETTs T(1Y'{ C'LtliK Ntt�-i i4 ,1i�a�gY�ft 04 'ae 46 JUL �•�kG • r 3'r ♦..n .'a O� � i Ir ° M % I A 41 x Any appeal shall be filed within (20) days after the NOTICE OF DECISION date of filing of this Notice in the Office of the Town Clerk. Date of Hearing Au.1,y, .2,7.,. Petition of Walter & Isabelle Grady; Eugene P. Willis, Trustee, Wilmac Realty 'trust Premises affected . er4t .S:.dq .ctA Aal.en Atr.ee . . .9.$p. . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . .Nq-%h AgcAgvqr. .4qAipg. jBy,Law.,. pection. 3�5i rlanned•Residential.Development (PRD) so as to permit . .�4 s .r9gritsrgction of 17 si.ngle fapnilyd-O d ellin(4s•dot_ached�cluster PRD • • • • a • • • ••• . • • ♦ • a • • • • • • • . ♦ • . • • a • . • . • • . • . • . . • . • . . • . . . . ♦ . • . . • • . . . • . • • . . • . • . . . • . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to . .APPROVES. . . . . .the . .Special •Permit . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . bused upon the following conditions : cc: Director of Public Works Board of Public Works Highway Surveyor Board of Health Signed Building Inspector Conservation Commission GepXBe. ,PpFdtp.,. � � F��i�. . . . . . . . . . Assessors Police Chief Jp . r� t'�pPrs�• C��r . . . . . . . . . . . . . . Fire Chief Applicant Pawl, 1�,.. bedsx oma • . . . . . . . . . . . . . . Engineer PIle Interested Parties .John -GrMPjWrig. . B o d. . . . . . . . WOODCHUCK GROVE, Conditional Approval INTRODUCTION * Woodchuck Grove is a proposed single family cluster residential development of 17 houses located on approximately 22 acres off Salem Street. � * The details of the proposal are contained in the plans prepared by Design Engineering Associates, entitled "Woodchuck Grove" Definitive Subdivision Plan of Land, Planned Residential Development, of a Residential Single Family Dwelling Development" situated in North Andover, Massachusetts. Dated April 28, 1988 and subsequently revised eight (8) times, most recently on July 7 , 1989 . * This development proposal contains three separate applications to the North Andover Planning Board. They include: 1. Definitive Subdivision of land to create roadways and legally conforming lots. 2 . Special Permit Application under the PRD section of the North Andover Zoning Bylaw (Sec. 8 . 5) to create legal lot sizes and usable open space. 3 . Special Permit for Driveway Access over adjoining lots (sec. 10. 3) The decision of the North Andover Planning Board in response to each application is as follows: APPROVAL FOR WOODCHUCK GROVE Special Permit Planned Residential Development Pursuant to the North Andover Zoning Bylaw in accordance with Section 8 . 5, 10. 3 and 10. 31. The Planning Board makes the following findings regarding this application for a Special Permit as required under section 10. 3 and 10. 31 of the Zoning Bylaw as developed and conditioned in this decision: * Woodchuck Grove is an appropriate location for use as a single family detached cluster; * The use as proposed will not adversely affect the surrounding neighborhood; * There will be no nuisance or serious hazard to vehicles or pedestrians; * Adequate and appropriate facilities will be provided for the proper operation of the proposed use; * The use of the property for a single family detached cluster development is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes the 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 I sufficiently advantageous to the Town, and promotes the public health, safety and general welfare of the citizens of the Town of North Andover which render it appropriate to depart from the requirements of this Bylaw otherwise applicable to the Zoning Districts in which the parcel is located. In particular, the Planning Board finds that this project will: * Promote the more efficient use of the land in harmony with its natural features; * Encourage the preservation of open space; * Protect waterbodies and supplies, wetlands, flood plains, agricultural lands, wildlife, and other natural resources ; * Permit greater flexibility and more attractive, efficient, and economical design of residential developments. * Facilitate economical and efficient provision of utilities; * Meet the Town's housing needs by promoting a diversity of housing types. Finally, the Planning Board finds that the PRD complies with the town of North Andover Bylaw requirements so long as the following conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in this Special Permit before us, the Planning Board hereby grants a Special Permit to the Applicant provided the following conditions are met: 1. The property is to be developed in accordance with the Plans prepared by Design Engineering, entitled " Woodchuck Grove" Definitive Subdivision Plan of Land " Planned Residential Development of a residential single family dwelling development " situated in North Andover, Massachusetts, Dated April 28, 1989 with eight (8) revisions, revision number eight being dated July 7, 1989 . The Subdivision being approved by the North Andover Planning Board, during a public hearing on July 27, 1989.and recorded herewith the North Essex Registry of Deeds as Plan Number The construction of the roadways, the drainage, fire protection, utility installations and lot configuration shall be shown on said plans or as may be subsequently modified by the North Andover Planning Board. 2 . Usable open space shall be provided in an amount constituting at least thirty filve (35) percent of the entire parcel and in a form consistent with the provisions of Sec. 8 .5 of the North Andover zoning Bylaws. In addition, the usable open space shall adhere to the following conditions: * No portion of the required usable open space shall be included in the individual building lots. * The portion of the usable open space that abuts land owned by the Commonwealth of Massachusetts shall be deeded in fee to the Town of North Andover, care of the Board of Selectmen. The deed shall be in the form filed with the Planning Board and will convey to the Town, the land shown on the lot layout plan as "Land to be deeded to the Town of North Andover. " * The remaining required open space shall be provided by the applicant and shall be recorded on the final plans prior to the endorsement by the North Andover Planning Board. This open space shall be owned in common by a non-profit organization or trust whose members are the owners and occupants of the units within Woodchuck grove. This parcel shall further be required to have a perpetual conservation easement deeded to the Town of North Andover in accordance with the provisions of Massachusetts General Laws Chapter 184, Section 31. * The Planning Board shall review and approve all pertinent documents and covenants for usable open space prior to final endorsement of the plans. 3 . There shall be recorded with the North Essex Registry of Deeds a restriction on the lots transferred establishing a no-cut zone on each lot over that portion of each lot delineated by a no--cut line, as per the Definitive Subdivision Plan of Land. This restriction shall be recorded in the North Essex Registry of Deeds. Transfer of any lots out the subdivision will be subject to this restriction. 4 . The roadways shall not exceed an eight percent grade, as provided in the definitive subdivision plan of Woodchuck Grove. The Board shall allow these steep grades in order to minimize the disruption of existing contours of the land. 5. The applicant shall adhere to Section 4 . 2 (Phase Development) of the Zoning Bylaw. 6. There shall be no burning or dumping of construction material on the site. 7. Any signage utilized in this project must obtain a building permit and adhere to the Town Bylaws. 8. The applicant shall adhere to the following requirements of I the NAM * open burning shall only be permitted after consultation with the Fire Department. * Under ground fuel storage will only be allowed in accordance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. * Throughout construction, lot number are to be posted on all lots. Those lot numbers are to remain posted until an occupancy permit has been granted. * Prior to issuance of a Certificate of Occupancy, all units shall have a residential Fire Sprinkler System installed. .9 . The applicant shall adhere to the Following conditions of the , North Andover Police Department: * Adequate site distance shall be maintained at the exit of the project onto Salem Street. * Permanent intersection warning signs are to be posted along Salem Street, 350 feet in either direction from the entry into Woodchuck Grove. * A stop sign shall be placed at the exit to the roadway onto Salem Street. 10. The road way shall be both owned and maintained by the PRD association. 11. Prior to the release of any lot from the covenant, a cash bond shall be posted for each individual lot. The amount shall be determined by the North Andover Planning Board. This bond shall be for the sole purpose of ensuring adequate regrading, stabilization and landscaping of each individual lot. 12 . A parcel shall be granted for the purpose of access and egress from the land to be held in common by the PRD association to Salem Street. i 13 . A Landscape and Grading plan of each individual lot shall be submitted to the Town Planner for review and approval prior to the release of any lots and before the granting of a building permit for any lot. 14 . Prior to endorsement of the record plans, the applicant shall submit to the Planning Board, for its review and approval, detailed grading and landscape plans of the .following site }' features: * Roadway entrance to Salem Street * Detention pond and wetland replication area abutting Salem Street. * Detention area being created across Salem Street. * Detention Pond on side of parcel. Care shall be taken to minimize the amount of tree cutting and earth disturbance in these areas. 17 . The location of the driveway on lot # 17 must be revised in order to provide the 50 foot buffer requirement as per Section 8 .5, 6, D of the North Andover zoning Bylaws. 18 . This decision shall incorporate all conditions found in the Definitive Subdivision Approval for Woodchuck Grove, Dated 7/31/89. i I OFFICES OF: all, TOWn Of 120 WliTl sh,celt BUILDING North Andover jL NORTH ANDOVER CONSERVATION MassachL)Set(S 0 1845 HEALTH DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR July 31 , 19U9 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re - Woodt_,hu�k Grove LIRD Speo,ial Permit under Section 8 . 5 Dear Mr. Longi The North Andover Planninq Board held a public hearing on June 30, 1989 , in the Town Hall, Library/Conference Room . The hearinq was duly advertised in the North Andover Citizen on June 9 and June 16 , 1988 and parties of interest were properly notified . The meetinq was caiied to order by the Chairman, Paul Hedstrom. Also present, wore' Ueorqfe Perna, Vice Chairman; John Simons , Clerk; Lrich Nitzsche and flichael Leary. The petitioner seeks approval of a Special Permit to consLrucL a Planned Residential Development ( PRD ) containing 17 sinql(� t'alllily dwellings, pursuant to the provisions of il . G . L. Chapter 41 , Soction 8,1L and under the requirements of the Zoning Bylaws , Section 8 . 5 and S e('t i 11 8 . 3 of the Town of North Andover. The parcel of land contains 21 . 99 acres of land more or less, and known as Woodchuck (;rove . John Simons read the legal noLiCe to 01)f211 tAle j)Ub1i(,' 110,1it'ing . Letters were received and read from Victor flaLetlt, Oscjood Associates ' Police Department, the Board of Health and the Fire Chief . Al Shaboo, Design Engineering , spoke to the Boarct (,iLinq th(� following: 1 . 17 lots possessing 23 acres 2 . 1 , 100 ' roadway proposed 3 . on-site drainage 4 . water and sewer on-site , 2 , 100 ' oti -site sewer The applicant is before the Planniiiq Board for a Specj.,tl Perillit for the PRD . The length of the cul-de-sac and the road grades will need a waiver. The parcel is owned by different persons . LOrich Nitz_s(,he said one developer and one covenant . Raren Nelson , Director , lllannj�nq and Community Development said one bond . Paul lledsLroin quest,j.oned the number of lots in the definitive plan . Al siiaboo said Lh(, re wt2i: r, 11 lots in the definitive , same as the 1,11W . John Willis cit�'_,d 111W and that it was preferred by the Board previously . :: even ac'11-', w-111. 1_a dedicated to open space . On the preliminary plami Live M o A waiver on the length of the cul-de- sac was granted . 1 f Page 2 ; Paul Hedstrom questioned Bill Hmurciak on the grade of the roads . Bill Hmurciak said he would like to review them citing normally 6 grades but circumstances on 8% grade to be reviewed . The open space will be common ownership. Scott Stocking asked I John Willis it he had a draft agreement for the homeowners . John Willis cited wording for the open space restriction form the Mass General Law referenced on the .Cluster Bylaw and modifigd it by the ability of the home owners for safety or health reasons to have access . Scott Stocking asked John if he had a .Letter from Mass Electric , Mr Willis was anticipating the letter soon . John Simons recapped by citing the length of the cul-de-sac and the lot lay out . l� site visit is scheduled for July 71 , 1988 at 4s00 p . m. Gene Willis questioned the Board if it was feasible to come before the Board with a subdivision plan for the land that was owned by tail.-mac Realty Trust only not with the Grady' s parcel . Paul HedBt.rom stated that they were subdividing the two parcels . he said it slid not matter i.f it was separate or not, the impact would be the same , A motion was made by John Simons to continue the publics hearing for four weeks to August 4th, meeting and set up a site visit for July 17 , 1988 at 000 p. m. The motion was seconded by Michael Leary and voted unanimously by the Board . On August 4, 1988 the Planning Board held a regular meeting . The following members were present: George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Richael Leary , Paul HodsLxom, Chairman, was absent. John Simons read a letter from the Conservation Commission . Scott Stocking stated that a letter has been sent to the Department of Environmental Management sLaLing that the Town is reviewing this proposal and that it currently calls for a land dedication of approximately 5 acres to the State .Forest: and that they have a process involved to get it done and they are to get in touch with us on that process. Al. Shaboo, Design Engine6ring , presented the Board with revise([ plans for the development. Both sides of the road will be clustered and the road has been shorten by approximately 160 feet. Five acres of land -to be dedicated to the State Forest . John Willis stated that the detention area will be reshaped . Scott Stocking asked Al Shaboo the difference between the July 15th plan and the August 2nd flan . Al Shaboo replied that there were changes in the property description and the way the property liner 3 went. The covenant of the land was not shown . John Willis stated that in the covenant there will be lr.l€ quage in it that access will be allowed to the retention area Lor Lho drainmge . Erich Nitzsche questioned if the enji_neer was satisfied with Lhe 100 year storm event calculations . Al Shaboo said, "yes" . f 1 Page 3, John Willis asked for a waiver on the grades and the lcnuth of the cul-de-sac . John Simons questioned why the road was not going down to the detention area. John Willis answered that. Mr . Grady owns the house and it would be interfering with his home . Al Shaboo further commented that if the road was redesigned to loop near the Grady , s home it . would increase the length of the roadway . i Erich Nitzsche stated that there wads a real problem with the j mitigation of run -off . He said that with an 8% slope it would flood across the street like a water way. Scott, Stocking asked whit_ the total run at 8% would be . Al Shaboo said about 300 feet . Hill Hmurciak said that D. P . W. would accept the 8% slope with the length as minimal as possible . i Al Shaboo stated that part of the Project was to Power Salem Street down as far as the St. Cyr Farm, Erich Nitzsche wanted to see more catch basins or curve inlets . John Willis said he would like to get an idea that ex�epL toy the catch basins and design parameter that the location ft the road i . okay, the grades and the cul-de-sac . Scott Stocking asked what the grades of the driveway were . Al Shaboo stated that they were In . Scott continued and asked if the driveways could be designed ;so that it would be a straight shot 'rather than a tight right angle , perhaps running them in the opposite direction . Al Shaboo said he was willing to sit down with Scott and go over the design of the driveways , George Perna Summarized by saying that the Board had a problem with the water run-off , a problem with the turning into Uhie dr::ivieways and the very large slopes . John Simons further commented on the use of the land. He felt that more work was needed , A motion was made by John Simons to continue the public hearing until September 10th and direct the planner: to collect i.nLormaLion from Town Counsel regarding whether a definitive subdivision also has to be filed. The motion was seconded Michael. Leary and voted unanimous by those present. The North Andover Planning Hoard hold a public: hearing Qn September 13, 1988, in the Town Hall , Library/Conference Room. Originally scheduled for September 8, 1988, but due to the lack of a quorum was rescheduled . The hearing was duly advertised .in the North Andover Citizen on August 25 and September 1 , 1988 and parties of interest were properly notified . The meriting was called to order by the Chairman, Paul Hedstrom. Also present were George Perna , Vice Chairman; John Simons, Cleric and Erich Nitzsche . Michael. Leary was absent. Page 4 : The petitioner seeks approval. to construct, a Planked Residential Development ( PRD) containing 17 single family dwellings , pursuant to the provisions of M. G. L. Chapter 41 , Section 81L and under the rFecfuirenlents of the Zoning Bylaws,, Section 8. 5 and Section 8 . 3 of the Town of North Andover. Tile parcel, of land contains 21 . 99 acres of land snore or less , and known as Woodchuck Grove . Erich Nitzsche read the legal notice to open the public hearing on the PRD Definitive Subdivision. and the :�l"cecial Permit for Common Driveways . Letters were received and read from the Conserrvation Commission and the Fire Department Al Shaboo, Design Engineering, stated that in es,,rer:ce , Lids r as. a continuation of the PRD application and -sul miLtal of 1Jt?t:i11it1VE' Subdivision Plan running simultaneously. Al stated thaL 1,he, j4oL.i{'e OL. Intent has been filed with the Conservation Commission and thaL L11C hearing held two weeks ago was continued, A site vicsit was conducted lay the Conservation Commission and it was determined that it was not an isolated wetland . Following a brief discussion on the drainage cal.carl��Liu[1; l rif h Nitzsche stated that he was not satisfied with the calculal-ions and asked for additional. information . Scott Stocking, 'Town Planner recommended to Qlo,se the hei t1:illy oil the PRD Cluster Development concept and render a decision on that concept. Brich Nitzsche said he did not have a problem closing t:he PRD application but if it was not closed, an extension would }3e needed beyond September 30, 1989 , George Perna wanted a recap, a delineation of the, ol,e.11l Al Shaboo showed George on the plans . 111 stated that the roadway was somewhat shorter from 1 , 700 ft down to 1 , 100 and Lliat the lot ssives were reduced. George Perna asked if it would be a public road . Ill said ,•yes" . Bill Hmurciak, D . P . W. said he was comfortable with an L;;, road grade . John Willis stated that he would like the public; hear•inq closed on the PRD Special Permit. Paul. Hedstrom said there, was a range of issues to be resolved. The subdivision process was not complete . Scott Stocking, 'Town Planner, summarized his view and interpretation of the PRD Zoning Bylaw. There are three hearings ; Scott Stocking, 'Town Planner recommended to close L'he hearing all the PRD Cluster Development concept and render a decision on LhaL concept. Erich Nitzsche said lie did not have a problem c:l=using the PRL) application but if it was not closed, all exLensioll would hr,, needed beyond September 30 , 1989 . s sl r' Page 5 s i George Verna wanted a recap, a delineation of the open .space . Al Shaboo showed George on the plans . Al stated that the roadway was somewhat shorter from 1, 700 ft down to 1 , 100 and that the lot sizes were reduced. George Perna asked if it would be a public road . Al said eyes Bill Hmurciak, D. P. W . said he was comfortable with an 8% road grade . John Willis stated that he would like the public hearing closed on the PRD Special Permit. Paul Hedstrom said there was a range of issues to be resolved. The subdivision process was not complete . Scott Stocking, Town Planner, summarized his view and interpretation of the PRD Zoning Bylaw. There are three hearings : 1 . PRD - Cluster Concept - Density 2 . Subdivision - Rules and Regulations 3 . Special Permit Paul Hedstrom asked for public input.. Marsha Lydke , an abutter, Lot: 12 Fuller Road, asked in layman terms what the letter from the Conservation Commission said . Paul Hedstrom explained that. the Conservation Commission has written thcW Planning Board a letter which raised 5 issues that are Conservation issues and not Planning issues with the exception of the drainage . Drainage is relevant to the Planning process ; to clustering , road grades, surface water, run7off and drainage . The bottom lime is that the design of khe retention area as shown is not appropriate . A motion was made by George Perna to accept an extension on Lhe PRD until October 30, 1988 , The motion was Seconded by John simons and voted unanimously by those present. A motion was also made by George Perna to continue the public hearing on the Common Driveway Special Permit to the October 6 , 1988 meeting . The motion was seconded by Erich Nitzsche and voted unanimous of those present . On October 6 , 1988, the Planning Board held a regular uic.at.inq . The following members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Hichael Leary. John Willis , Jr. spoke stating that; additional information on the drainage calculations was needed and that an extension was being requested until November 30, 1988. A motion was made by George Perna Lo accept the extensjon to continue ,the public hearing until November 30, 1988 . The motion seconded by Erich Nitzsche and voted unanimous by the Board . 1 o Page G : The Planning Board held a regular meeting on November 11 , 1988 . The following members were present: Paul Hedstrom, Chairman ; George Perna, Vice Chairman; Erich Nitzsche and Michael Leary, John Simons, Clerk, was absent. Scott Stocking stated that he had received a latter from John Willis requesting an extension until January 31 , 1989 . A motion., was trade by Michael Leary to accept the extension until January 31 , 1989 . The motion was seconded by George Perna. Voting ill favor were George Perna, Michael Leary and Paul Hedstrom. Erich Nitzsche abstained because he was absent during the public hearing , E The Planning Board held a regular meeting on DeC'raltlber 15 , 1989 . The following members were present : Paul Hedstrom, Chairman ; George Perna, Vice Chairman; John Simons, Clerk and Michael Leary, Erich Nitzsche was absent. John Willis stated that he has a particle status report and would like input from the Board. He stated that he has been working with the BSC Group on the drainage system. BSC is working on the design for the stormwater runoff as the regulations require for the 10 year storm event on the road, 25 year storm event on the lot and the 100 year storm event of a major crossing, to mitigate to zero increase . John Willis asked for a letter from the board for clarification; design relief from the regulations to use what ever the engineer, Hr. Herlihy and the Town' s engineer come up with for the drainage of the hill ; and direct BSC to work in conjunction with the applicant as a consultant as well as working with the Board. Woodchuck Grove will be placed on the agenda for the second meeting in January. The Planning Board held a regular meeting on January 19 , 1989 . The following members were present: Paul Hedstrom, Chairman; George Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Hichael Leary. Al Shaboo spoke to the Board regarding the B . S . C . group Consulting Group closing their Middleton Office . Also, Mike Herlihy, the consultant working on Woodchuck Grove, no longer works for the B. S . C . Group. The applicant was . looking for the Boards okay to have Bill Hmurciak, D . P. W . review the design work for drainage , till Hmurciak, D. P. W. stated that lengthy discussions have taken place on the drainage issues. Paul Hedstrom wanted the situation recapped . John Willis staled that the B . S . C . group in Middleton was hired as a consultant for Woodchuck Grove , to go over the drainage design for the site . He said that he has paid the B . S . C . Group with no written documentation .from them with the exception of a few hours that were spent at the site . Erich Nitzsche spoke briefly on the sit drainage and flooding on Salem Street, Scott Stocking asked Bill Hmurciak, U . P . W . it ho was comfortable reviewing the design. Bill replied that he was comtor. table reviewing the drainage for the site , as to design , i ' Page 7 : I� An extension is needed to continue the public hearing until February 16 , 1989 with February 28 , 1989 as deadline . A motion was made by George Perna to continue the public hearing until. February 16 , 1$89 and accent an extension until February 28, 1989 . The motion was seconded by Michael Leary and voted unanimous . The Planning Board held a regular meeting on February 16 , 1989 . The following members were present: Paul Hed,strom, Chairman ; George Perna, Vice Chairman; John Simons, Clerk; E ich Nitzsche and Michael Leary. John Simons read a letter from the applicant requesting and extension. A motion was made by John Simons to accept the extension to March 31 , 1989 subject to the .language change in the request . The motion was seconded by Erich Nitzsche and voted unanimous by the Board . The Planning Board held a regular meeting on March 16 , 1989 . The following members were present: Paul dedstrom, Chairman; George Perna, Vice Chairman; John Simons, Clerk; and Erich Nitzsche . Hichae l Leary was absent. John Simons read a letter :from the applicant requestinq and extension. A motion was made by John Simons to accept an extension to May 15 and requested an extension to June: 16 for a decision . The motion was seconded by George Perna and voted unanimous by those present. The Planning Board herd a meeting on April 27 , 1989 . The following members were present: George Perna , Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary . PAul HedsLr<_ m , Chairman, arrived at 1021 p . m. Christian Huntress, Environmental Planner told the Board that revised plans have been submitted. Al Shaboo, Design Engineering , said that Dill Hmurciak, D . P . W . , has reviewed the drainage design . George Perna questioned curbing an& why not on both :sides ok the street. Al. Shaboo said that he was trying to optimize . George Perna said he wanted curbing on both sides of the street . Erich Nitzsche questioned the size of the rip-rap. Al Shaboo said it was :six ( b ) inches to a foot. George Perna expressed concern about water buildincl up at the entrance to the proposed project. Al Shaboo said that there were two ( 2 ) catch basins for the water. John Simons spoke on the perimeter of the development; . He said that there were common open space issues, whether to the Town or StaLe . A motion was made by John Simons to close the public hearing . The motion was seconded by Erich Nitzsche and voted unanimously by those present. On May 18, 1989 the Planning Board held a regular mewhinq . The following members were present: Paul HedsLrom, Chairman ; Kec rQe Perna , Vice Chairman; John Simons , Clerk; and Erich Nitzsc;hn. Hi.chaeel. Uaiy was absent. Page : 8 Woodchuck Grove was on the agenda for discussion . A meeting/workshop is to be set up with Al Shaboo, Design Engineering; Bill Hmurciak; D . L . W. ; Erich Nitzsche and Chris Huntress . A lengthy discussion took place between George Perna and John Simons on the roadway and drainage . A motion was made by John Simons to :stake the roadway a private way. The motion was seconded by George Perpa and voted unanimous by those present. On June 13 , 1989 the Planning Board held a regular meeting . The following member were present: Paul Hedstrom, Chairman ; George Perna , Vice Chairman; Jahn Simons, Clerk; Erich Nitzsche and Michael. Leary, George Perna wants curbing on both sides of: the roadway. Also , the roadway to be a private way not public . There are three draft decisions that are needed, one for each of the following; Subdivision PHD Common .Driveways The decision will be voted on at the Planning Board meeting on July 13, 1989 John Simons will help with the decision. A motion was made by George Perna to accept an extension to July 20, 1989 on the rendering of the three decisions . The motion was seconded by Erich Nitzsche and voted unanimously by the hoard . On July 13 , 19€39 the Planning hoard held a regular meeLinq . The following members were present: George Perna, Chairman; ;John Simons, Clerk: Erich Nitzsche and Michael Leary. John Simons had several issues he was still not comfortable with and presented the Board with an alternative decision for disapproval . The concerns were: 1 . A proposal is basically coding under cluster Development, but with none of the flexibility and benefits of a cluster development in terms of sensitivity, landscaping . 2 . The way the road is laid out. 3 . The way the lots are laid out . 4 . Impact in terms of the lot; lay out. Michael Leary wanted to know why at this Lime were those issues being brought up . John Simons said he ha. been Consistent all along, it was not documented up till now. Page 9 : George Perna spoke on both draft decisions . He did not disagree , but questioned whether John concerns should be put in as conditions rather than reasons for disapproval . George Perna asked John if his reasons were opposite of the draft approval . He said the draft approval was more of a boiler plate and that some of the coedit_ions, ► ere the same . His major issue is construction of the roadway was not harmonious with the land. John Willis spoke to the Board on three plans that were brought before the Board and the Technical Review Committee . The plans in front of the Board were the most acceptable with the exception of drainage concerns, which were addressed . A lengthy discussion took place between the Board, John WilIV, and Gene Willis on the roadway with respect to size , grades and whether it will be a private road , Also discussed was : 1 . detention areas 2 . drainage John stated that there were problems with the PRD application with respect to the open space being part of the Lots . He also commented on the common driveways and the possible elimination of some because of the requirements under the PRD Projects . George Perna asked the Board members to either entertain a motion to approve the PRD with conditions or deny the PRD based on the discussions of this evening . A motion was made by Michael Leary to approve the PRD Project based on the conditions drafted by Chris Huntress , Environmental Planner. The motion was seconded by Erich Nitzsche with some additions . John Simons stated that four positive votes were needed and he was going to vote 'ono" . Chris Huntress is to contact Town Counsel regarding the possibility of Paul Hedstrom voting on this issue . At the present time there are only four Board members . A workshop will be held on July 17 , 1989 with John Simons, George Verna, Erich Nitzsche , John Willis and Al 5haboo . Erich Nitzsche rescinded his second on the motion . With no Second, no action . On July 27 , 1989 the Planning board held a regular meeting . The following member were present: George Perna, Chairman; Joust Bimons, Clerk; Erich Nitzsche, Paul. Hedstrom, uho will be a Member: till September 1 , 1989 ; and new member John Graham. Hichael Leary resigned his membership. Chris huntress, Environmental. Planner stated that Lhe B"ard had asked him to redraft the decision on Woodchuck Grove wi. t.h now amnnc$mQnL,; as discussed. Page 10 : The Board requested a few minutes to go over the draft and asked Chris to point out the changes . Those changes were Condition L through Condition 0. On Condition L, George Perna said the issue was on the roadway . Once the lots were sold off, before they were built on, the Board would have to deal with each of the land owners . Condition L says the roadway is owned by the association . John Simons spoke on the conveying of Lots and the road being private . There will be a bond on each lot in addition to any regular bonds for the roadway and sewer. The Board members expressed concern about opening up the hill during construction . On Condition M, the Board said it should read .. "Prior to the release of any lots of the covenant a cash bond shall be posted for each individual lot, in an amount a ; determined by the planning Board to secure final regrading and stabilization and appropriate landscaping" . Condition N to read: "A parcel shall be granted for the purpose of access and egress from the Land to be held in common by the PRD Association to Salem Street. John Simons said he would come to the Planninq Board ofl ice on Friday and clean up some of the language in the decision . On the issue of common driveways , the Hoard wanted the roadway constructed first before approving the driveway access . A motion was made by Paul Hedstrom that the Subdivision W approved as per the draft before the Board with the additional item 4in "That the applicant shall secure the proper relieL from all relevant Boards regarding applicants driveway plan including, without limitation, variances from the Board of Appeals . " and likewise move with the changes already discussed to approve the PRp with the additional proviso that John Simons will. do ;some of thy, housekeeping on the decision and move the Board deny relief ,sous ht under the driveway access issue . The motion was seconded by Erich Mitzsc;he and voted unanimously by the Board . . i Page 11 : ,:sincerely. PLANNING BOARD George y�ell Chairman Ale CC : Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File PRt)PUSED APPROVAL T��ft iiiia)UC1iUClC UltUyf� Special Permit -- Planned Residential Development Pursuant to North Andover Zoning Bylaw in accordance with becti.on 8 . 5 , 10. 3 and 10. 31 . The Planning Board makes the following findings regardinq Khi_:: application for a Special Permit as required under Section 10 . 3 and 10 . 31 of the Zoning Bylaw as developed and Conditioned in this de&s.ion : A. Woodchuck Grove is an appropriate location for use an a s.itiq Ae family detached cluster; B . The use as proposed, will not; adversely affect the surrounding neighborhood; C . 'There will be no nuisance or serious hazard to vehiclo s nr pedestrians ; D . Adequate and appropriate favi.lKin,_ will be provided tor the proper operation of the proposed use ; e . The use of the property for single family detached & UnLer it in harmony with the general purpose and intent: of this Bylaw. The Planning Board also makes the findings under :3eMion 8 , 5 uE the Zoning Bylaw that this PRD is in harmony with the general. purpose ,- n(J intent of the Bylaw and that the Fill) conLains residential {ev& rspment: and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety and uene.ral welfare of Lhe citizens of the 'Town of North Andover uhirh renders it appropriate WD depart from the requirements of: this Ety:taw otherwise Sapp l .ivab i e to Lhe Zoning Districts in which the parcel is, located. in particular , the Planning Board finds that this project will: A . Promote the more efficient use of land in harmony with its: natural features ; B . Encourage the preservation of open ;space ; C . Protect waterbodies and suppliQs , wetl-ands flood plain" , agriculture Lands , wildlife , and outer: natural re;sou3-ne s ; D . Permit cheater .flexibility and mace attractive , a !i_u i enL , and economical design of residential develop]tontn ; Z . Facilitate economical and etf:icient provision ul ut.a.tUiQs; F . Meets the Town ' s housing needs by promoting a dialaznit.y rat housing types . finally, the planning Board finds that the !?RD complies winh tilts Town Bylaw requirements so long as the following additional conditions are complied with . Therefore , in order to tulle comply with the appioval necessary to construct the facility as specified in this special Permit before us, the Planning Board hereby grants a :special permit to the Applicant provided the following conditions s are met : A. The property is to be developed in acyordanco wiLh tho Plans prepared by Design Engineering , entitled "Woodchuck Grove'' Definitive Subdivision Plan of Land "Planned UesidenLial Development of a residential single family dwelling deYQlopmQnt" situated in North Andover, llcl;i,ianhuset;ts, Da Led At7KY 28 , 1989 with seven revisions, revision nuoleer.' seven being dated The Subdivision flan, having been approved by the North Andovel- Planning Board on _---- -_- and recorded heivcrUh With the North Essex Registry of Deeds as flan Number The construction of the roadways , the drainr_tgo, , fire protection , utility installations , lot conligt_tration,s and driveway locations shall be its shown on said plans or as may be subsequently modified by the North Andover Planning Board . B. There shall be provided in accordance with the open spsa,,, provision of the Bylaw, a Deed in tee of the owneiship of_ a certain portion of the propeT y Lo the `Gown of North Andovex , c/o the Board of Selectmen . This Deed hall be in tho Eon!-, filed with the planning hoard and will convey to the Town , the Land shown on the vicinity and Lot: bay Ou€: Plan as "WnO to he Deeded to the Town of North Andover . C . There shall be covenanted to the inhabitants of t.lie Town of North Andover, a perpetual Conservation Easement sgbjeat; only to a drainage , maintenance , and repair Easement 4.fr.€: the doUQntion area .located therein of that portion of land shown on the vicinity and Lot bay Out Elan as Land to be QovnnanLed The Basement shall. be in the form as presented to the Plannlnci Board, and comply l.y with the provisions of Hassachll`riF' t: P General Laws Chapter 184 Section 31 . D . The Board finds that between the ,,have two tram: tern , 4!r>odghuak Grove meets the :35% open space requirements undt::t. Lhe Hylaw , E . There shall be recorded in the North Essex 1tegiaLry of [nQedn a restriction on the Lots tra€r;:sfcrred establishing a no— cut: zone on each lot over that portion of each lot: delineated by a no--cut line . This restriction shall be recorded in the North Essex Registry of Deeds . Transfer of any lots out of the subdivision will be subject to this restriction . F . The roadways shall not exceed an eight ( 8 ) percent rtr:ade , a_ -; provided in the definitive subdivision plan oh Woodchoch Grove . The Board shall allow these ;steep grades in order- to ri nimi fe the disruption of existing contours of the land . G. The applicant shall adhere to Se t.ion d . 2 t phase Dave lopmen t ) of the Zoning Bylaw. 'o 'H. There shall be no burning or dumping of cons: Lruction material on the site . i . Any signage utilized in this project must obtain a building permit and adhere to Town Bylaw . J . The applicant shall adhere to this Following requi.remQnts of the j Fire Department: 1 . Open burning is permitted, only after cons_ulLaklon with the Fire Department . 2 . Under around fuel storAgn will only be allowed its accordance with Town Bylaws and State MaLue anO only with the review and approval of. the Fire Department and CUnservation commission , 3 . Lot numbers are to be posted clearly duiinq construction of permanent lot; numbers bay tare occupancy . K . The applicant shall adhere to the Eollowing requir omentss oh the Police Department: 1. . Adequate site distance shall be maintaincd at Lhe exit of the project onto Salem Street . 2 . Intersection warning signs shall be placed alonq b al.Qm Street, 350 feet in either direction from the entry into Woodchuck grove . 3 . A stop sign shall be placed at the exit to the LOadway onto Salem Street . L. The roadway shall be both owned and maintained by the PRD Association. M. Prior to the release of any lots , a bond shall be pc>sved ror each individual. lot. The bond ,shall be Kr an:sf_ertab.le should any lots chancre ownership. The bond may only be reln::;Qd a. poll satisfactory completion of the final regrading and s L abiliz,at.ign of each lot. Bond amount to be determined by the North Andover Planning Board . N . An easement shall be granted for the purpose of ac;cess, and egress from the land to be held in common by the PRD Association to Salem Street. 0 . A landscape plan shall be submitted to l.he Town Pl annar for review and approval prior to the release of any lots .