HomeMy WebLinkAbout1996-06-19 Recorded Decision DEF SUB PRD ram.�
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/-�rl appeal shall be fiieCp W N o F NORTH A N D O ti' E R NQR7N�QHpOIYR
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within (20) days after the JUN l 35 AM '9
date of filing of this Notice
in the Office of the Town
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NOTICE OF DECISION
tea TES'': Date.June 19, 1996
A'1`reie Cody .. .. . . . . . . . . . . . . . . . . . . . . . . . . .
Mar 3, Apr 2, Apr 16, 1996
! ,� ���,r �• Date of Hearing may. •2.1,• *a•y •2•&,. .June 18,1996
Tawas Clerk
JUL 25,96 Amsq.5o
Greenleaf Realty Trust
Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
land on the west side of Chestnut Street M
Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Referring to the above petition for a special permit from the requirements ro
of the North Andover, Zoning,Bylaw, $�� }4{�.$,5. {EXanned .Re&i l..dontia •Development:}
allow the construction of 11 single family dwellings.
soas to I� R)jA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A) '1��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . .
After a public hearing given on the above date, the Planning Board voted
conditionally .the Special Permit . . . . . . . . . .
to .approve . . . . . . . . .
based upon the foliolving conditions
CC: Director of Public Works
Building inspector
Natural Resource/Land Use planner �/`jY
Health Sanitarian Signed
Assessors
Police Chief Jaseiah. V.. Mahoney:. Chairman. . , .
Fire Chief
Applicant Richard• Rowen, Vice Chairman. , , ,
. . . . . . . . . . . . . . . . . .
Engineer
File Alison. Lescarbeau:. Clerk. . . . . . . .
Interested parties
Richard. Nardella. . , , • , , , , , , , , , , ,
John Simons
. . . . . . . •Manning. . Board
Town of North Andover �o
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COMMUNITY DEVELOPMENT AND SERVICES
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146 Maio Street
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North Andover, Massachusetts 01845 �� +4T10.0.1'ge,
Ssp S
June 19, 1996
Ms . Joyce Bradshaw
Town Clerk
120 Main Street -
No. Andover, MA 01845
Re: Woodlea Village/Special Permit PRD
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on March 5,
1996 in the Senior Center behind the Town Building on the
application of Greenleaf Realty Trust, 41 Marbleridge Road, No.
Andover, MA 01845 requesting a special permit under Section 8 .5
(Planned Residential Development) of the North Andover Zoning Bylaw.
The legal notice was properly advertised in the North Andover
Citizen on February 14 and February 21, 1996 and all parties of
interest were duly notified. The following members were present:
Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto
Angles, Associate Member and John Simons. Kathleen Bradley
Colwell, Town Planner, was also present .
The petitioner was requesting a Special Permit to allow the
construction of 11 single family dwellings . The site is located on
the west side of Chestnut Street in the Residential - 3 (R--3)
Zoning District.
Woodlea Village -- subdivision/PRD
Mr. Rowen read the legal notice to open the public hearing
Steve Stapinski was present and stated that he is proposing an
eleven lot subdivision/PRD on the westerly side of Chestnut Street
opposite Rea Street . This area was previously subdivided into 14
Form A lots with a common scheme of access via common driveways.
Under the proposed PRD access will be via a public roadway. All
PRD lots comply with the zoning, sewer extends cross country from
Route 114 to service the lots; there is water in Chestnut Street
and sidewalks are on one side. ConCom approval is required for
the wetland crossing and work on the site. Lot 1 will be conveyed
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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BK 4553 PG lit,
to the Town, although it is not shown on the subdivision plan—it is
to be added to the plan.
The Planning Board reviewed the ANR plan that was endorsed in 1985.
The lots are "grandfathered" under the 1985 zoning as they were all
held under separate ownership.
David O' Sullivan , of the MZ0 Group, was present with the
subdivision and landscaping plans. The entrance will have a 2' to
3' high stone wall with low plantings in front and higher planting
behind the wall. There will be two general house designs with 2300
sq ft of living space. There will be a cluster of trees at each
lot, a street lantern at the edge of each property, and the homes
will be made of wood clapboard.
Mr. Mahoney asked how far the subdivision entrance is from Rea
Street, and Mr. Stapinski replied .'approximately 650' north of Rea
Street. Mr. Simons stated that he would like the site distance
checked and the information provided to the Board. Mr. Mahoney
asked what is the width of Chestnut Street, and Mr. Stapinski
replied 18' to 221 .
George Perna, Director of DPW, was present and asked why did the
crossing move from the original proposal in 1990? Mr. Stapinski
replied that the current proposed crossing provides the least
amount of wetland filling. Mr. Perna replied the DPW would prefer
this current location. Mr. Stapinski stated that the sewer line
will be extended to Chestnut Street, and all the homes will have
sprinkler systems. Mr. Simons asked if any of the property was in
the flood plain, and Mr. Stapinski replied yes, at approximately
elevation 236. 5. Mr. Rowen asked how large are the lots, and Mr.
Stapinski replied 12, 500 feet.
Discussion continued until April 2, 1996 meeting.
The North Andover Planning Board held a regular meeting on
April 2, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member and John Simons. Kathleen Bradley Colwell was
also present.
Mr. Rowen read a letter from the applicant requesting a continuance
until April 16, 1996.
The North Andover Planning Board held a regular meeting on
April 16, 1996. The following members were present: Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member and Alison Lescarbeau. Kathleen Bradley Colwell,
Town Planner, was also present.
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Ms . Lescarbeau read a letter from Mike Howard regarding the
wetlands.
Ms. Colwell handed out a letter from Coler & Colantonio regarding
the drainage.
Steve Stapinski was present and stated that the wetland line was
revised per the Con Gam. The detention pond on lot 6 has been
relocated to the rear of lots 9 to 11 and connected to the wetland
via a Swale. The sewer line was deepened and brought out to
Chestnut Street. Changes have been made to the drainage design
concerning the detention pond. A recalculation was done concerning
the area of upland in the open space, and there is sufficient open
space. Concerning flood plain issues, FEMA has not mapped the
- site, mapping ends at the culvert in the street, site slopes down
to Route 114, Planning Board regulations require that FEMA flood
plain information be placed on the map. Regulations do not require
establishing flood plain on or require the applicant to ask FEMA to
calculate numbers. Con Com regulations state that if there is no
FEMA flood plain, then a certain calculation must be made to
determine the flood plain. Tom Neve had determined the flood plain
elevation back in 1989 using a new test. Merrimack Engineering ran
the numbers again and they came out the same at 236. 5. FEMA shows
the flood plain at 238 . The consultant recommends that the flood
plain remain at 238 .
Steve Stapinski stated that he does not think it is necessary to go
to FEMA. The worst case is that 238 is the flood plain level .
He can provide the flood storage compensation that would be
required and has shown that on the plan. Mr. Rowen asked is a
detention pond really needed? Mr. Stapinski replied that a
detention pond is required as there are multiple culverts
downstream. The construction on site cannot raise the peak flow
because it will affect the downstream owners; need to control water
on site.
Mr. Angles asked if the compensatory flood area could be explained.
Mr. Stapinski replied that they will be filling within the 2381 in
the area of the cul-de-sac and lot 6. Ms. Colwell stated there is
an issue of roadway length and cul-de-sac location within 25' of
the edge of wetland. Mr. Rowen stated that we should look at
reducing the cul-de-sac size or install a retaining wall. Ms .
Colwell will review these issues with DPW.
Tom Laudani stated that the MZO Group will do the architectural,
design, it will be a combination between Cobblestone and Phillips
Common with a subtle entrance with a fieldstone wall and no fences.
They will provide architectural renderings of proposed homes.
Ms. Lescarbeau had a question regarding the ownership of PRDs. Why
should the Town own open space? It is not usable due to the amount
of wetland areas. Consensus of the Board is that homeowners
association own the open spaces . Mr. Rowen recommended providing
some side set backs between the houses if possible.
A site walk is scheduled for April 20, 1996 at 8 : 00 a.m. at
Chestnut Street.
The Planning Board continued the public hearing to May 21, 1996.
The North Andover Planning Board held a public hearing on May
21, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella.
Kathleen Bradley Colwell, Town Planner, was also present.
This is a continuation of the public hearing. Tom Laudani and
Steve Stapinski were present. Mr. Stapinski presented revised
plans for the subdivision which eliminate the detention pond on lot
6, placing it now in the rear of lots 8 through 11 . The new plan
also shows the water main looping out onto Route 114, which was
DPWs request. Ms. Colwell stated that the detention pond location
needs to be talked about. Con Com was adamant regarding changing
the location of the pond. Mr. Stapinski stated that the soils are
upland, and Mr. Laudani stated that he would plant 10' tall pine
trees to disguise the detention pond. Mr. Simons stated that he
wants more information on the open space plan. Mr. Nardella stated
that the original plan was for 14 Form A lots, now how many lots
are available to be built on? Mr. Laudani replied 11 subdivision
lots and 1, possibly 2, Form A lots. The maximum density will be
12 total lots, one of the Form A' s may be given to the Town in open
space. There was much discussion regarding the density of the
subdivision, and Mr. Laudani stated he was very frustrated, has
worked very hard with Con Cam, and now the density question is
being brought up again! Mr. Mahoney asked why must the detention
pond be located there? Mr. Laudani replied it' s not gigantic, it' s
the most logical spot, it satisfies Con Com, we' re lessening the
density and we will screen it. Mr. Rowen stated that he has a
problem with homes located on the lot lines, he suggested moving
the homes on lots 1 and 3 away from the lot lines . Mr. Laudani
stated we will do it wherever we can.
Ms. Colwell stated that the applicant is looking for a waiver in
the cul-de-sac size., and DPW supports it. Mr. Rowen asked Mr.
Stapinski what he thought of an infiltration system instead of a
detention pond? Mr. Stapinski replied that it could be done. Mr.
Nardella stated that he would like to see curbing around the cul-
de-sac to prevent cars from parking on it. Mr. Nardella asked how
large is the detention area and Mr. Stapinski replied 90' by 201 .
• I l � a
Mr. Angles and Mr. Simons would like to see the detention pond
moved back, Mr. Rowen stated that if it is disguised it is ok where
it is, and Ms. Lescarbeau would like to see it in the island piece.
Mr. Stapinski to write a letter to Ms. Colwell regarding the
detention pond and its location.
Continued until May 28, 1996 meeting.
The North Andover Planning Board held a public hearing on May
28, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Alberto Angles, Associate Member, Alison Lescarbeau,
Clerk, Richard Nardella, Richard Rowen, Vice Chairman and John
Simons. Kathleen-'Bradley Colwell, Town Planner, was also present.
Continuation of the public hearing.
Steve Stapinski and Tom Laudani were present. Mr. Stapinski
presented the Board with three potential locations of the detention
pond and their advantages and disadvantages:
A. On lots 9, 10, 11
B. On lot 6
C. On lots 3, 4, 5
Assuming equal rating of each advantage versus disadvantage,
location A (lots 9, 10, 11) was recommended.
There was a brief discussion among the Board members and the
consensus was that lots 9, 10, 11 was acceptable for the detention
pond provided screening was provided. A landscape plan prepared by
a landscape architect must be submitted to the Planning staff for
review.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board
voted unanimously to close the public hearing and directed staff to
draft a decision.
It was suggested to Mr. Stapinski that he move the homes away from
the lot lines prior to the Board endorsing the plans .
The North Andover Planning Board held a public hearing on June
18, 1996. The following members were present: Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella.
Kathleen Bradley Colwell, Town Planner was also present.
G
Ms , Colwell had a draft decision was ready for the Board to
discuss. On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the
Board voted unanimously to approve the special permit as amended.
Attached are those conditions.
Sincerely, �F
Joseph V. Mahoney, Chairman
North Andover Planning Board
.7
Woodlea Village
Special Permit-Planned Residential Development
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision Approval for an eleven (11) lot
Planned Residential Development(PRD) known as Woodlea Village. This application was submitted
by Greenleaf Realty Trust, 41 Marbleridge Road,North Andover, MA 01845 on February 12, 1996.
The area affected contains approximately 676,797 square feet of land in a Residential -3 Zone off of
Chestnut Street. The property is owned by Dogwood Realty Trust, Redwood Realty Trust, and j
Dayrunner Realty Trust.
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 plan is based
upon a previously approved FORM A plan with a previously approved wetland crossing from the
Conservation Commission and a series of previously approved common driveways. The Planned
Residential Development avoids a series of common driveways and reduces the wetland crossing
required.
B. The use as developed will not adversely affect the neighborhood as this site is located in a
Residential-3 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 more efficient use of land in harmony with its natural features by preserving
additional open space, by eliminating conflicting and confusing common driveways, and by
limiting the amount of wetland filling required to access the site;
B. Encourage the preservation of open space. The applicant has provided approximately 471,510
square feet(10.8 acres)of the property as Open Space;
C. Permit greater flexibility and more attractive and efficient design of residential development;
D. Meet the Towds.housing needs by promoting a diversity of housing types.
The Planning Board finds that a base density of 11 house lots is appropriate for the Planned Residential
Development. This number of lots has been determined from a FORM A plan endorsed by the
Planning Board on April 24, 1985. There have not been any changes to the lot area requirement. The
contiguous buildable area requirement does not apply to these lots as they were created prior to April
28, 1986. The lot width requirements and other lot shape restrictions do not apply as these lots were
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created prior to May 1, 1995 . The access across street frontage and frontage exception requirements
do not apply as these lots were created prior to May 1, 1995 are held in separate ownership. The
Planning Board was directed by prior court action to approve common driveways for this project.
Therefore the density of eleven(11) homes is appropriate.
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
L 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
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:
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.
�) All designated open space parcels shall be owned by a Homeowners Association mi
trust. 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 by the time the final security for this site is released.
4. Prior to Construction:
a) All erosion control measures as shown on the plan must be in place and reviewed by
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the Planning Department.
5. Prior to releasing individual lots from the statutory covenants, the conditions outlined in the
Woodlea Village Definitive Subdivision Conditional Approval must be followed.
6. Prior to FORM U verification for an individual lot, the conditions outlined in the Woodlea
Village Definitive Subdivision Conditional Approval must be followed.:
UX The Planning Board approves the sample house designs as presented. and prepared by
Miquell, MZO Group for Woodlea Village.
7. Prior to Planning Board verification of the Certificate of Occupancy, the conditions
outlined in the Woodlea Village Definitive Subdivision Conditional Approval must be followed.
8. Prior to the final release of security, the conditions outlined in the Woodlea Village
Definitive Subdivision Conditional Approval must be followed.
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. 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-cut line as
shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the
Zoning Bylaw.
11. This special permit approval shall be deemed to have lapsed on ao (two years
from the date permit granted) unless substantial construction roadway and utilities has
commenced.
12. The provisions of this Special Permit shall apply to and be binding upon the applicant, its
employees, contractors and subcontractors and all successors in interest or control,
13. This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The
Special Permit and Definitive Subdivision approvals are both based upon the following
information:
Plan titled: Special Permit and Definitive Plan
Woodlea Village,North Andover, Mass
Owner&Developer: Greenleaf Realty Trust
Marbleridge Road
North Andover, MA
Scale: Noted
Date: January 15, 1996;rev. May 1, 1996, as further revised per condition 1
of this decision
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Sheets 1 through 8
Report titled: Woodlea Village,North Andover, Massachusetts-Drainage Report
Dated: January 29, 1996;Revised 412196
Prepared for: Greenleaf Realty Trust
Marbleridge Road,North Andover,Massachusetts
Prepared by: Merrimack Engineering Services, Inc.
Park Street
Andover,Massachusetts 01810
Memorandum Re: Woodlea Village
To: Kathleen Bradley Colwell, Town Planner
From: J. William Hmurciak
Date: May 21, 1996
Letter: Review of Woodlea Village
To: Michael Howard, Conservation Commission
From: John C. Chessia,P.E.; Coler& Colantonio
Dated: May 21, 1996
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Woodlea Village PRD
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