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HomeMy WebLinkAbout1992-08-17 Decision MODIFICATION PRD All TOWN OF NORTH ANDOYE �`011 HASSACHUSETTS Of KaRrN ��+ A be filed `-^.,.,o Any appeal shalt �-TS must 20 days after the within this Notice date Of filing of NOTICE OF DECISION in the Office of the Town MODIFICATION Clerk. SPECIAL PERMIT Date. . . .August♦17,. ,1992 . . . . . . . . . . Date of Hearing August 4;, 1992. . . Walter & Isabelle Grady & Petition of Wilmac Realty Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989 Premises affected . . .sale► Street. . . . . , . . . . . . . Referring to the above petition for a special permit from the requirements of the Noxth.,Andover Zcning. Pylaw.:. Section .8.,5 Planned Residential.Development . so as to permit modifications on a conditional approval ,granted. July 31,. 1989, . . . . . . . . . . . . . . . , . • . . . ♦ . . . . . . . . . . . . . . . f f . . . . . . . . • . • . . . . . . . . . . . . . . . . . • . . . . . ♦ ♦ . • . • . . . . . . ♦ . ♦ . . . . ♦ • . . . . . . . . ♦ . . • . . . . . . . • . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to . APPPY�. . . . . . . .the . .110.11U.ICAVO. PF.4.MM1;.W MIT I;OR A PLANNED RESIDENTIAL DEVELOPMENT based upon: the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Signed (�t.� Building Inspector (! Conservation Commission George Perna, Chairman Board of Health . . . . • . . . . . . . . • . . • • . • . • . . . . . . . . . . Assessors John Simons Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Chief Joseph Mahoney Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer John, Draper Flle Interested Parties Richard Nardella . 1l I ling . Boar 1 d , II Woodchuck Grove Special Permit Modification, Planned Residential Development The Planning Board herein modifies the Special Permit granted to Wi1Mac Realty Trust, Dated July 31, 1989. The Planning Board makes the following findings regarding this Special Permit Modification for a Planned Residential Development (PRD) as required by sections 8.5, 10. 3 and 10. 31 of the North Andover Zoning Bylaw: 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: e i * 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 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 other wise 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 modifies this Special Permit provided the following conditions are met: � . 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, 19989 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 five (35) percent of the entire parcel and in a form consistent with the provisions of section 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 i i 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 signs 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 the NAFD: A. Open burning shall only be permitted after consultation with the Fire Department. B. 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. C. Throughout construction, .lot numbers are to be posted on all lots. Those lot numbers are to remain posted until an occupancy permit has been granted. D. 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: A. Adequate site distance shall be maintained at the exit of the project onto Salem Street. B. Permanent intersection warning signs are to be posted along Salem Street, 350 feet in either direction from the entry into Woodchuck Grove. C. A stop sign shall be placed at the exit to the roadway onto Salem Street. i 10. 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. 11. 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. 12. 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. 13. 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: A. Roadway entrance to Salem Street. B. Detention pond and wetland replication area abutting Salem Street. C. Detention area being created across Salem Street. D. Detention Pond on side of parcel. Care shall be taken to minimize the amount of tree cutting and earth disturbance in these areas. 14 . The location of the driveway on lot #17 must be revised in order to provide the 50 feet buffer requirement as per section 8 .5, 6, D of the North Andover Zoning Bylaws. 15. This decision shall incorporate all conditions found in the Definitive Subdivision Approval for Woodchuck Grove, dated 7/31/89.