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HomeMy WebLinkAbout1991-11-29 Application for SP PRD DEF SUB ry TOWN OF NORTH ANDOVER MASSACHUSETTS 'LA PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: 144y /7RfrAddress: s �Qe 4-,y-Af7 1. Application is hereby made (a) For a Special Permit under Section Paragraph of the Zoning Bylaw. 2 . (a) Premises affected are land and buildings numbered e -VGoo, Street. (b) Premises affected are property with frontage on the North South East L- *" West side of &4'SS 19-Ve-'-7. Street, known as No. Street. (c) Premises affected are in Zoning District Xo- 3 and the premises affected have an area of - 16 ,et 1-0e;ee-;3 and frontage of 946rAlh-4 feet. 3 . Ownership: (a) Name and Address of owner (if joint ownership, give all names) : 7Xa 4 2,r Date of purchase Previous owner (b) If applicant is not owner, check his interest in the prem es: ��Prospective purchaser Leasee Other (explain) 4 . Size of proposed building: 9L,/--1 front: feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5 . Size of Existing Building: feet front: feet deep Height: stories feet. (a) Approximate date of erection (b) occupancy or use (of each floor) i 1 y ' 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? L-3 If so, when p- 4; 7. Description of purpose for which Special Permit is sought on this petition: a F7 26 SiN�cc /=�,yicy �fG 8 . Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate No. Book Page 9 . The principal points upon which I base may application are as ollows: (must be stated in detail) . L�do7l-o✓ /}.S few, z .�vv,yd,v F✓ice s4 �:�, U� .�s�o O G-�..s'' 1��- I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Parties in Inter 10 (Petitioner's Signature) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES / ADDRESS Add additional sheets if necessary Any question should be directed to the Planning Office P AREN HY, NELSON Town of 120 Main Street, 01845 Director (508) 682-6483 NORTH ANDOVER BUILDING CONSERMION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT November 29, 1991 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Phillips Common Special Permit, Planned Residential Development (PRD) Dear. Mr. Long: The North Andover Planning Board held a public hearing on November 14, 1991 in the Town Building, Selectmen's Meeting Room on the application of Phillips Common Realty Trust, Marie Pitochelli, President, 50 Copley Drive, Methuen, MA and Phillips Common Development Corp., same address, requesting a Special Pern-iii under Section 8.5 of the North Andover Zoning Bylaws and a Definitive Subdivision Approval under Chapter 4l,Section 91T of M,G.L., the Subdivision Control Laws and the Rules and Regulations Governing the Planning Board of the Town of North Andover. The public hearing was d my advert ised in the North Andover Citizen on October 30 kind November 6, 1991 and all parties of interest were properly notified. The following members were present: GcorgeD.Perna,Jr.,Chairman,John Simons, Clerk, John Draper and Richard Nardella. Joseph Mahoney was absent. The petitioner was requesting a Special Permit for a Planned Residential Developillent, for the construction of 26 detached single family homes in a Residential-3 (It-3) Zoning District, located on the east side of Massachusetts Avenue, The petitioner was also requesting approval of a Definitive Subdivision, creating 26 lots know as Phillips Common. John Sin-ions read the legal notice to open the public hearing for the Special Permit and the Definitive Subdivision requested by Phillips Common Realty Trust. George Perna asked Christian Huntress if staff had anything to report with regard to these applications. Mr.Huntress stated that the Technical Review Conul-lit tee(rR Q had met with regard to both applications and had recommended the following: - All houses constructcd within this project sliall leave residential fire sprinklers installed, as per N.A.F.D. All property located along Osgood Street shall have restrictive covenants in place for perpetual conservation/preservation. This shall include the parcel around the Thomas Mansion. An open space barrier shall be placed around the perimeter of the property. Division of Public Works letter from Bill I-Inzurciak, dated November 14, 1991 should. be read into the record and made part of the file. - The Conservation Commission has issued a negative deteri-nination for this project. As such, the applicant will not be required to file a Notice of Intent for any work shown on the plans. A letter frorn the applicant dated, November 14, 1991, offers the total open space with the PRD to the Town as a gift of land. All easements for roadway,utility,drainage,open space,conservation and preservation should be prepared and. presented to staff for review. The Board of Health has asked the applicant to provide proof that the existing Manse is tied into the sewer located within Osgood Street. - Details of all proposed lighting should be submitted for review. This includes lighting proposed at the entry. John Simons read a letter from William l linurciak,N.A.D.P.W., dated November 14, 1991 listing ten (10)issues which the applicant should be asked to address. Richard Nardella questioned. Mr. huntress on the recommendation of the Division of Public Works that the roadway width be 26 feet. Mr. Huntress stated the roadway as shown on the plans is 22 feet wide, and is in conformance with the Planning Board's Rules and Regulations (3overiiqg,the Subdivision of Land. Mr. huntress went on the say that the Town Manager had nict with the Director of Planning And.Community Development and the Division of Public Works on this issue and supported the reconuuendation from a majority of the Technical Review ConiiAttee that the roadway be designed at 22' pavement width. Mr Huntress then asked that the applicant's engineer, Steve Stapinski, of Merrimack Engineering SerVICeS, present the detailed plans to the Board. r Mr Stapinski introduced himself, Mr. Jonathan Woodman of Woodman Associates, Architects, and the Trustees of Phillips Common Realty trust. Mr. Stapinski then presented a Site Plan which showed the 26 new dwellings and reviewed other issues of roadway width, sidewalks, lighting, drainage, and distances to abutters, John Simons questioned the need for two detention ponds when prior applications on this property had only shown one. Mr Stapinski responded by stating that ground water elevations were found to be much higher than originally shown on previous plans, and that a tremendous amount of fill would be required to accommodate all drainage with only one detention pond. Mr. Huntress said that he had also raised this concern at the TRC meeting, and had walked the site with Mr. Stapinski and Mr. Thomas Laudani,project manager. Mr.Stapinski then completed review of the drainage plans with the Board. Sohn Draper asked what the distance was from the proposed construction to homes located along Phillips Brook Road. Mr.Stapinski stated that all new construction was at least 100'from the property line abutting Phillips Brook Road. George Perna suggested that a no- cut line be placed along the rear of all lots which abut Phillips Brook Road and Osgood Street and that more screening should be provided along the rear of the lots which abut Massachusetts Avenue. The material used should be evergreen trees of the same type used in other areas on the property. Mr. Stapinski said that would not be a problem. John Simons then asked why the plans had been drawn to eliminate the Thomas Mansion from the proposed construction, and questioned whether the "Manse" was to be considered as part of this project. Mr. Stapinski said that with the property of the Manse included in the open space calculations the percent open was 42-43%. Mr. Simons continued to question how the Manse was being treated and stated that he felt it should be looked at as a 27th lot. George Perna felt that the 27th lot was an issue from the start, and that it was unclear from preliminary discussions with the Board as to whether this would be allowed under the PRD regulations. Mr.Perna then asked Mr. Huntress to have Town Counsel review the l'RD Bylaw and specifically the allowed density calculations to see if it is within the Planning Board's authority to approve a PRD Plan which exceeds the number of lots shown on a conventional subdivision plan, Mr. Stapuaski asked that Mr. Jonathan Woodman be allowed to present his architectural plans for the dwelling units. Mr. Woodman explained to the Board that all dwellings would be constructed from one of the four detail sketches presented for their review. All colors are to be"earth tones"and all perimeter lots shall have a low fence to the front of the lot and lighting at each driveway. Mr. Woodman went on to say that all interior lots shall be landscaped with low stone walls and "subtle berms" so as to define each lot hi a traditional "New England. Village style". In discussing the architectural style of the dwellings, Mr, Woodman stated that the design is considered an expandable cape,with architectural shingles on the roof and wood, clapboard and brick as an exterior facade material. Mr. Woodman commented that the need from a 22'wide roadway was driven by the desire to create a village atmosphere. With the construction of sidewalks,berms,fences andconinon open space asense of community and pedestrian scale can be established. John Shlions asked that the architectural drawings be revised so as to list all Sllaterial used in construction of the dwellings. Particularly the material used in construction of the roof, facade, windows and lighting. Richard Nardella then questioned the configuration of Lot Y, which surrounds the Thomas Manse. Specifically, wily could Lot Y not be drawn so as to include the open space and gardens associated with the historic nature of the Thomas property. Further, should the Town accept a grant of land including the open space,would there be a liability issue associated. with an existing garage on Town property and what would the yearly tax on that open space amount to. Mr. Huntress stated that he bad advised the applicant to comply with the 3S% open space requirement, and that should Lot Y be enlarged the total open space would fall below 35%. Mr. Nardella stated that if Lot Y is to be protected by a historic preservation restriction and aconservatio:n restriction then it should be considered as open space even if not included in the land to be gifted to the Town. Mr. Stapinskl added that if Lot Y is included in the open space calculations then atotal of42A3%would be attained. Rick Nardella asked that the applicant redraw the property line of Lot Y so as to include the historic garden and meadow. George Perna asked Mr. Huntress if the Historical Society had been contacted with regard to this project. Mr. Huntress stated that they had and Attorney Michael Morris and Mr. Davis Cherrington were both present on their behalf to speak to the Board. Attorney Michael Morris then introduced himself and Davis Cllerrington to the Board and stated that he felt the project to be a good one and that the developers,specifically Thomas Laudani, had been very acconuilodating and helpful throughout the negotiation process. Attorney Morris then reviewed the draft preservation/conservation restrictions which the Historical Society had prepared. Richard Nardella asked what the construction schedule for openings within Massachusetts Avenue and Osgood Street would be. Mr. Laudani stated that the street openings would be permitted by the DPW. Mr. Nardella asked that a schedule be presented at the next meeting. i George Perna then asked the Board when they could schedule a site walk to review the property. The Board agreed on the walk for 8:00 a.m. Saturday, November 16, 1991, alld asked that the engineer have the approximate edge of roadway staked out at that time, Mr. Laudani then asked the Board to consider closing the public hearing due to the developers need E to initiate construction before winter sets in. John Simons stated that he felt it li»proper to close the public bearing before the site walk and that additional information had been requested which will still have to be reviewed while the public hearing is open. George Perna asked Christian Huntress if he could send a letter to the applicant listing all concerns which were raised this evening and prepare a draft set of conditions for both the Definitive Subdivision application and the Special Permit. Mr. Huntress responded that 1w could have the letter by the site walk on Saturday and a draft set of conditions by the next meeting scheduled. for November 21, 199, A motion was made by Richard Nardella to continue both the public hearing for the Definitive Subdivision and Special Permit to the next regularly scheduled meeting of November 21, 1991 and direct staff to d raft a letter to the applicant listing all concerns raised, 'The notion was seconded by John Simons and voted unanimously by those present. On November 21, 1991 the Planning Board continued the public hearing on Phillips Common Definitive Subdivision and Special Permit, PRD. The following members were present; George Perna, Chairman, John Simons, Clerk, John Draper, Joseph Mahoney and Richard Nardella. Christian Huntress reminded the Board that this was a continued public Bearing for both the Special permit(PRD,and the Definitive Subdivision applications presen ted by Phillips Connnon Realty trust. George Perna spoke briefly on the issues discussed during the site walk of November lb, 1991. Mr. Huntress then asked John Simons to read a letter, dated November 15, 1991 sent to the applicant listing all concerns raised at the last hearing, The letter listed 18 issues which the applicant was asked to address. The issues were a s follows; 1. A No-Cut Line shall be established along the back of all lots which abut Phillips Brook Road,Chickering Road,Osgood Street and the residential dwellings along the southern most boundary of the property. 2. The Planning Board considers Lot Y to be an integral part of the proposal, as such all development plans should show that parcel as part of the project. 3. LotY should be reconfigured so as to include the existing garage on the property of the Phillips Manse. it is my understanding that this may be accomplished while still retaining the 35% open space requirement of the North Andover Zoning Bylaw, 4. The Planning Board is iu receipt of your letter dated November 14, 1991 which offers the 5.5 acres of open space to the Town of North Andover. I have asked'Town Counsel to review the liability issues involved with acceptance of this parcel as public land. 5. The Planning Board is encouraged by your efforts to cooperate with the North Andover Historical Society. Please present draft copies of any Preservation/Couscrvation Restrictions which are currently being negotiated. b. Please prepare and present for staff review any necessary easements for roadway/utility conveyance and drainage,sewer or water line easements located on individ ual to ts. All easements on individual lotsmust berecorded prior to endorsement of the record plans. 7. Please provide documentation to the Board of Health and the Planning Department that the existing Phillips Manse is currently tied into the sewer line located in Osgood Street. 8. Please provide an approximate schedule for construction in Massachusetts Avenue. This should include the sewer and drainage lines and all utilities which will require openings in the roadway for tie-ins. The Planning Board will place restrictions on the number of openings and length of time for construction within Massachusetts Avenue. 9. More screening should be provided along the rear of the lots which abut Massachusetts Avenue. The material used should be evergreen trees of the same type used in other areas on the property. 10. Details of all proposed lighting should be submitted for review. This includes lighting proposed at the entry. 11. The Planning Board considers "Lot Y" to be a 27th lot. With that in inind the Board is reviewing the details of the project and the PRD Bylaw to determine whether this is an appropriate calculation of allowed lots. 12. A site walk has been scheduled for 8:00 a.m., Saturday, November 16, 1991. Please have approximate locations of the roadway located on site for Planning Board inspection. The Division of Public Works has submitted a letter elated November 14, 1991. The Planning Board would like the applicant to address the following as listed in that letter: 13. In general the depth of sewer is not acceptable as designed. The sewer should be lowered to avoid conflicts in elevation between the water main and sewer services. 14. Provide a profile of the cross-country sewer to Massachusetts Avenue. 15. Calculations must be provided to deternune the adequate sizing of water services to accoimnodate residential fire sprinklers, 16. Drainage manholes at station 3+84 and 11+60 may be eliminated and the drain pipe should be connected tot ch adjacent catch basins. Other drain nranholes within the project should be located off pavement wherever possible. 17. Permits for connection to Town utilities will not be granted until a complete set of endorsed plans with up-to-date revisions is on file in the office of the Division of Public Works. 18, A Sewer System extension Permit from D.W.P,C. of the Mass. Department of Environmental Protection must be obtained prior to the issuance of a sewer extension permit by the North Andover Division of Public Works. The local perinit, in accordance with N.A.D.P.W. policy, will require 2:1 mitigation of existing infiltration/inflow from the receiving system, The receiving system,known as the West Side Interceptor, has been determined to be over capacity due to infiltration/inflow. George Perna asked Mr. Thomas Laudani if he could respond to each concern individually. Mr.Laudani presented a written response and then proceeded to review each item with the Board. Mr. Laudani showed that items #1-3 had been changed on the plans. Mr. Huntress addressed item #4, taxes on the 5.5 acres would amount to approximately $324.06 per year, figured at the current tax rate. Also, the benefit to all properties surrounded by open space may prove to exceed that which is given up by accepting the property as a gift of land. On the issue of liability, Mr. Huntress stated that Town manager James Gordon had reviewed the Town's liability coverage and was comfortable with acceptance of this property by '-Town Meeting. t , Mr. Laudani and Mr. Stapinski then reviewed with the Board the property lines surrounding the Manse and to the rear of Lots 5 and 6. George Perna stated that the stone wall to the rear of Lot 5 and 6 should be relocated to coincide with the 200' Historic District line, this wall shall then become the rear property line of Lots 5 and 6. John Draper noted that if the dwelling on Lot 5 is changed to a style A or B then less impact will be seen or felt on the historic areas. Further, that the dwelling on Lot 4 should be shifted as close as possible to the lot line shared with Lot 3. George Perna then stated that he would feel comfortable in entertaining a motion to close both public hearings and have staff make the necessary changes.to the draft approval. John Simons felt that it was too soon to close a public hearing for a Special perm t PRD in such a sensitive area of Town, and that the Board should consider keeping this matter open for at leastanother hearing, Joseph Mahoney disagreed with John Simons and stated that if the issues have been thoroughly reviewed then the Board should not postpone action. The following motions were then made: A motion by Joseph Mahoney to close the public hearing of the Special Permit PRD application of Phillips Common Realty Trust. The motion was seconded by John Simons and voted unanimously by those present. A motion was made by John Draper to close the public hearing of the Definitive Subdivision application of Phillips Common. The motion was seconded. by Richard Nardella and voted unanimously by those present. A motion was made by John Draper to approve the Special Permit, PRD application of Phillips Common Realty trust, elated October 24, 1991 for construction of 26 single family hones in accordance with the draft decision prepared by staff and amended by the Planning Board this evening. The motion was seconded by Joseph Mahoney. John Simons amended the motion,that Condition#4 of the Special Permit approval drafted by staff be removed from the final decision, and that Lot#6 be eliminated, allowing for a total of no more than 25 new dwellings. There was no second, the amendment to the motion then died and the Board was now to vote on the original motion made by Mr. Draper to approve the Special Permit PRD. The Board voted unanimously to approve the draft decision as amended.. John Simons asked that the record minutes reflect his concern with the closing of the public hearing so quickly, and that he was of the opinion that no more than 25 single family dwellings be constructed on this site. Duly noted, Amotion was made by John Draper to approve the Definitive Subdivision application of Phillips Common Realty trust, dated October 24, 1991 for construction of 26 single faloy homes in accordance with the draft decision prepared by staff and amended by the Planning Board this evening. The motion was seconded by Joseph Mahoney and voted unanmously by . those present. Attached are the conditions the Board approved, Sincerely, PLANNING BOARD GeorgID Chairman W: Director of Public Works Board of Public Works Highway Surveyor Budding Inspector Conservation Con-anission Board of Health Assessors Police Chief Fire Chief Applicant Engineer He