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HomeMy WebLinkAbout1989-11-21 Decision PRD Special Permit F N% TOWN OF NORTH AN .' 'E,R M A S S A C H U S E IT's , ,ORTN ov Any appeal shall be filed �«,.� � kr within after the �# rr.Hu date of filing of this Notice in the Off ice of the Town NOTICE DECISION Clerk, 1Date Date of Hearing November remb 16,* 1989 e i io 11 o too . . . . . . # Premises affected . . . alu m Street . . . . . . . . . . . . . . . . . � . , � . . . . . . � . . Referring to the above petition for a special permit from the requirements of North Andover Zoning Pxlaws - Section . , Para.. I through 5 the so a pei the construction unit town house complex plus three ( ) free star sin �e family dwellings all establishedPlanned under Pae Residential o f * 9 . # . . . . . . . s . . . . wr, . . . . . . . . . . . . . . . . . . . . . . . . « . . . . . . . . . . . . . . . . . . . s . . . . . . . . . . Development After a public hearing given on the above date, the Planning Board voted Conditional to Approves .6 t he based upon the following conditions , cc: Director of Publicworks Signed Board of Public Works Hig way .surveyor i cj * er a,* Jr. ,� Chairman6 . . . Board of Health Conservation commission qqlln Simons, Clerk # , . . . . . . . . . . . Building Inspector Police Chief Erich Nitzsche Fire Chief Applicant Jack rah . . * , . . • . . . . . r . . . . • . . . . . . . , . . i Engineer File John Dra qiq .. . • . # • r to . • . # • • • . . # Interested Parties la . i g Board r r t}U A Ir" II PPtC OF: ,.* Town of 120 Main,Street 4 North Andover .BUILDING NORTH ANDOVER Massachusetts o 1845 CONSERVATION H r .T'1- oHj,e DIVISIONoff' ( o ) 682-6483 PLANNING PLANNING COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 1.1r. Daniel long, Town Clerk Town Hall 120 Main street North Andover, MA 01845 Re ., Boston Brook, Secs Permit, PRD and Defl-nitive Subdivision Dear Mr. Long : `rhe North Andover P i annin g Board heir a public hearing on December 15 , 1989 ,, oil t1l lication of Hi no 1 ealty Trust, 1 Hearthstone Way, Andover,. IIA . The hearing was—. duly dvelr.-ti. ed in she North Andover Citizen on December I and e u)er 8 , 11-4 and all parties of interest %,sere notified . she -t--ollowing members. ve re present: Paul hedsztrom, Ch. ,ririan; Georg( Verna , vice" Chairman - J011111 Simons , Clerk and 141-oh l Leary, Erich Nitzsche was cabserit. The petitioner seeks approval under c ��.on 8 . 5 of the North, Andover `honing Byiaw, nned e:5a den E,�ai ev to x en-c , nor t:,'i(-2 construction V 2 unit i-, w i• house. Y F ii _1•, . plus three ,ie ee C. nd i nq s 1 nq I e family dwe 11ings all e stab 1J-s ed under the Planner. Residential Development . 1he premises ises f�ected is located on the approximately 2 ■ .r- acres . I John Simons reed the Iegal notice to open e u"! i c hearing ,tor the definitive sub dive ion and the PR Dr Special illit . Ralph Joyce , attorney, gave the Board background on the Boston Brook applications . He stated that in April of 1987p the o2 i ginal subdivision showed - 5 lot subdivision and now the iic nL. is showinga cluster deve 1 op en for empty nesters wit ���.�s There will also be three sln le fam-ilyktomos , a c;e, spoke tf the Board o culy�-��. W� laced i 1 r f o r s a i d h e ,. will � _culvert � �� 0 f x7r -. �io1mes said that the a 1 V" 1 a i 3 for a t-Liver stated that there would be a 2 to 1 replication ion of the vielands t •111at t1le iillp ao ,,t to the flooding situation we s George Perna aS the j better or worse M Holmes 'i nave �adn ' j�j i �7ould e n better and no worse . � imons w r e I 1 questToned he rcen a �e of ode space acre arcs :. . • . fjojgtes said that approximately 83% would � e open space -. said would like o see three more units In acres ) , ohn Simons he cluster development rather than the three houses . Ur.. Holmes e stated hay . client gas goingo deed some land 'for tile third station, . , M. counsel. , Nick on a ides was present and stated that it was not feasibles Simons f regarding the letter roY the Board o Sohn �Health . Mr . so , Holmes said that he has been wor in w Mike Graf , Health Sanitarianqk Per Brown , 1701 Salem Street, spoke on thepossible floodin ' area . Paul. dsro spoke on situation wetlands and in the 1oodng is sues ,. Ninety percent % were conservation issues and Planning yardissues . He said that he ten percent were and Planning Board has the authority to Ma sure upstream o mes said that Boston Surveyhas downstream are better . Byron size o the culverts re ietw d the plans and thatincreasing the would eliminate part of thoeok lem e ' e ouid like c see the design of the Simons i o said u e de elo e - I i e showed John the design and stated the n. would. e �q. Paul eds ro spoke on the ha i application and the density I.su o septic se s �� alca or e er�z e r sled concerns with the 90 degree turns gu r s Paul Hedstrom dues lolled the visibility going into the driveway and sight distance . motion was made k George Perna o continue the public a �� , The motion was seconded her Michael hearing untilJanuary t Leary and voted unanimous by those present . On January , the Planning Board held a regular meeting .1989 followingThe embers were resent: Paul Hedstrom, Chairman; George ice a .ran• John Simons ,, Clerk* Erich Nsche and r Michael eary l Sohn Simons read a letter from Ralph Joyce asking for are extension on the public hearing for the Boston Brook r PRD Project. motion was made k John Simons accept the extension on ` 1 The o ion was seconded the public hearing to February by George Perna and voted unanimous by those present. ca r 3 n q U 0 e,b r u-a r Y 1989 t 11 JU Irl r' �.Af ri t The followinq, -_ memb-erjs� ji.�tre p r es�e u 1 H e ds,t r o w, -t C;) Clerk; Zr�- I III Q 11 S V ice Chairman Jo hn Chairman; George Pernal N "hael Leary.fiche and Mic oyce recruesting and A V ad a 1 e t t e r f I.,o-11, -1,1 P h John Simons re extension to March 31F 1989 A mo tion was made by Michael Leary to accept the extension . The a ti011 was seconded by John SiLmons and vored unanimous ) ho,,;,,e present. On march 2 . 1989 the Planning board he.'Jl-d a regular nteeting . The following members �qere pre,,sent; Paul Hedstrom , Chairman; George Perna, Vice Chairman - John Simons ,, Clerk; Erich Nitzsche and Michael Leary'. John Simons read a letter from the Board of Health . The Board would like Mike Grafo t t at the 11ext me�,etincj to explain his letter . R,alph Joyce said he wanted the allowable density,. �2.5 lots rd of Health says 21 lots ar e buildable ( Perc buildable , The Boa tests were done 21 lot acceptable ) John Simons stated that there were. three issues , full calculations recalculate usable open space clar -�-if ica on f rom the Board O.L Health on caiculat ion s 3 . Planning Board would re v J.e w and m ay e the i r o w n conclusion, A motion was made by Erich Natzsche to accept an extension nded by Michael Leary and until May 31 � 1989 , The motioll way SecO voted unanimous by -those presents On March 16 , 1989 the Planning 'Board held a 1-eguliar meeting . G The tolloi�-Iinq members were present: Paul hedstfom, ChaiL.rman; eorge Perna , Vice Chairman -, John Simon,,-.z, ,, Clerlx and Erich Nitzsche * Michael Leary was absent. John Simons read a letter from the Board of Health . The Board J waives the fee for modificat ionif A motion was made by John Simons to accept the letter o withdrawal without prejudice . The motion was seconded by George Perna and voted unanimous by those p',r*esen+t,- . On June 8 . 1989 the Planning Board held a public hearing . The J ul H G following members were present , Pa edstrom, Chairman ; eorge Perna, Vice Chairman- John Simons , Clerk; Erich nitzsche and Michael Leary. John Simons read the legal notices to open the public hearingsd h I { 41f1 'a e? Ralph Joyc e r attorney, r e{ 'Ia e S IL I.n 3 1-1 rio Re y T r u z, W present and spoke the Board . The 1;-Ipp 1icaation has 1) n 1)y e f(D re the Pla nlx , Board and waz: wi�hdr awn t i hou pre ' d.1oe . ' #� application before the Board now is for a four lot subdivision and an eighteen unit P D . Three of the lots are for single f ail iy homes, the fourth lot being used for the IB unit PRD . The prev101,135 application contained a 21 unit P Paul Hedstrom arrived at 8 : 35 p . m . ra h Mitzsche questioned the existing lot lines and the proposed lot lines . John Simons asked what the units is would look like , he would lake to see four units together . Paul Hedstrom questioned the paved width of the private drive into the units . Byron Holmes , Gi*essier Engineering , told Paul that the pavement would be 22 feet wide . Paul asked about sidewalks within the subdivision .. r. Holmes said there would be no sidewalks . Barron also stated that the flans he o e the Board now are the same plays a that were presented before except that there are now eighteen units not twenty-one units . John Simons spoke on scr-eening and the necessity of screening in the P D portion of the proposed project. Byron Holmes stated that to the east, south and west of the property was land own by the State . Johan also questioned how the open space was determined ed and wanted to see It on the plans , Mr. Holmes showed John on the plans . John stated that the open space would have to be defined in the Conservation Easement. Nelson Parker, 40 Campbell Road , expressed concerns about Boston Brook and run-off from the development . Ralph Joyce rowlassured Mr . Parker that the run-off would be taken care o� a p would not impact the surrounding property . The applicants have are Order of Condition from the Conservation Commission. Paul Hedstrom questioned where the Board of Health was at this poly#t on the proposed proet. f . Holmes stated that fie has) been he re the Board of Health with the designs of the septic system and they are reviewing the plans , Paul stated that there were, three letters from the Board of Health in the files, the first o which says there was one lot out of twenty-one lots the per ed, the last letter sags there could he twenty-one lots , Erich Nitzsche asked Ralph - Joyce if the first part of the roadway was a public way. Ralph said, „yes" and that the rest would he private . John Simons asked what the length of thecul- de-sac was , Byron Holmes responded , 650 feet to the center. Mr, Holmes stated that flood elevations have been reviewed by the BSC Group . The Federal Gove rn e nt has also had a study done by Camp Dresser McKee and their figures are one third of those the C Group, i motion was made by Paul.-Jiedstrom to continue the public hearing until June 15, 1989 , The motion was seconded by Michael Leary and voted unanimous by those present. g e 5 ,. The Planning Board ht.31d a r u.,�Ir lnef2tirl l or, June 1 , 19 19 . The folioviing i be.rs w pr esent... Georges P r ca, ■ i chairman ; John Simons ,. I r ; Erich N itz,the and III ichaeI Le a ry, a I Hedstrom, Chairs-in arrived at P# ITt . John Simons read a letter from Chris Huntress , Envlronmentai Planner, to the applicant. Ralph o '(�e , .Lome", went o et.- the list of concer P ns and presented the Board with a letter . Byron Holmes shored the Board renderings of a two unit, three unit and tour unit building , Paul Hedstrom spoke on the process of approving a Subdivision and PRD at the -2;ame time and the appbal period, someone appealing the subdivision and no one appealing the PRD decision. This would mean you have a PRD on a non existing lot, George Perna recapped what: the Board was loo inrj� for: 1 . sign 21 property lines . elevations renderings of buildings . John Simons asked the length of the cul-de-sac . Byron Holmes said the length of the cul-de-sac was 650 feet. John Simons stated that he would prefer to see all chit"4-er and not the tree single family dwellings . George Perna requested the in o `inc tion on the orpen space . Ralph Joyce said there would be an open pac e L-estr ction easement. Byron Holmes asked the Board for their consensus of the three lot subdivision , George Perna spoke on the subdivision including the Farr property of a possible 5 lot subdivision, if that s the case , the legal notice would have to be readvertised. Christian Huntress stated that there we re major design problems . . motion was crude by John Simons to continue the public hearing on the PRD and Subdivision until July 31 , 1989 . The motion was seconded by Michael Leary and voted unanimous by those present . On July 13, 1989 , the Planning Board held a regular meeting . The following members were present: George Perna, Jr. , Chairman ; John Simons, Clerk; Erich Nitzsche and Michael Leary. Ralph Joyce recapped what was before the Planning Board . 1 . Conventional four lot subdivision 2 , fourth lot is for the PRD . John Simons read a letter that was sent to the applicant from Chris Huntress Environmental Planner, with a list of concerns ,, R I P h J oY C e w ek n o thy'_ c n Septic System - - Attorney Joyce CRIld Byron Holmes wl-1 . go over the i of the Septic systemwith Mike Graf , Health Sanitarian, on Monday, July 17 , 1989 . 2 . Flood Plains 'this information will e supplied at the next meeting . . Architectural designs Architects have been changed, Mr . Dan Batting of D . M. B . Associates , is now the new architect . The design of the road basically the same , the design of the buildings are different. The number of units is the same , Erich Nit sche is to sit down with Chris Huntress before the July 27 , 1989 meeting and go over the revised plans . i acceptable , the matter will be contintued on 'July 7 , 19894 notion was made by John Sinions to continue the public hearing to July 27th or the first meeting in August based on the resubmitted itted plans reviewed by Erich Nit sche and Chris Huntress . The motion was seconded by Michael Leary and voted unanimous by those present. Can SeptemiDer 7 , 1989 , the Planning Board d held a regular meeting . T hee following members ere presenti George Perna, Chairman; John Simons, Clerk and Erich Nitzsche . Christian Huntress presented the Board with a request from the applicant to extend the time the Board has to act n a special Perinit to October 15 , 19896 motion eras made by John Simons to accept the extension subsequent to the applicant coming into the Planning o l'ce and filling out the correct forms . The motion was seconded Erich Nitzsche and voted unanimous by those present . On September 21. , 1989 the Planning Board held a regular meeting .. The following members were present : George Perna, Chairman; John Simons, Clerk; and Erich Nitzsche . Paul Hedstrom arrived at 8 : 15 P.M, Jack Graham was absent. Christian un .re ss spoke to the Board on an extension the Board had received from the applicant. The extension was written to October , 1989 , CHristian Huntress asked for an extension to October 31 , 1989 and received his request,, The Board asked the Planner to review the number of buildable lots with regards to septic systems . motion was made by John Simons to accept the extension. The motion was seconded by Erich Nitzsche and voted unanimous by those i S 4 If fi cl 7 On oo t 0 ID er 19 198 9 the P tannin q b o ard a regular w,ee .ng The f ollowing mem'be s were present: george Perna, Chairman; J01111 S i ra on s Clerk; a j raham and oh Draper. Erich Nitzsche arrived at : 15 P m. Ralph Joyce spoke to the Board on the Hoar. of Health i su.111 permits f or the septic Systems. The applicant is re vue.s ng and extension . draft decision for the subdivision is needed for the November 2f 1989 Meeting for a decision on November 16 , 1989 . i motion was made by John Simons to accept the ex tension to November 30 , 1989 . The motion was seconded by Erich nitzsche and voted unanimous those present, On November 2 . 1989 the Planning Hoard held a regular meetincj ,, The following members were present. eolge Perna, Chairman; Erich ithe, Jack Graham and John Draper. John Simons , Clerk, arrived at 7 : 50 p . m. } 4 John Simons read a letter regard-Inch the ha zinc, flan and erosion control . motion was made by Jack Graham to continue the to-31 i hearing to November 30 , 1989 and accept an extension to December 51 1989 . The motion ion was seconded by Erich Nitzsche and voted unanimous by those res nt. On November 1 , 989the � 1.a n i g oar ; lie Id a re u ear meeting . she following me per pre-erg o de �'e r� � { Chairman ; John Simons, leek; Erich :����;�C-0Al�e , ao � r��h��a� � n�k �. �� Draper. John Simons read a letter from the D,=_kpartment of Public Works listing their concerns . The Board requested that a letter from the Board o- Health be, put in the, files . The Board requested that Chris Huntress get a letter from the hoard of Health fQr their files Christian Huntress stated that there were two outstanding issues. Those issues were of the landscape plan and a phasing plan; both of which he has received and reviewed, . Christian Huntress gave the Hoard members copies of the two draft decisions . The concerns from the D . P . W . will be incorporated into the decision . Ralph Joyce spoke to the Hoard on a letter he had received 4 from the former Town Planner, Scott Stocking, regarding the with of the road being 22 feet. A lengthy discussion took place on that letter, George Perna stated that the applicant has heard from the Conservation . ommission regarding crossing the wetlands and the width being g 22 feet. John Simons wanted to see building profiles , Byron Holmes stated that those plans are on page 17through 20 . II i o condition ition 1 , J o h n 8 i m o n s as k.ed C In r s 19t12 t0 refe,renc-,e the Con r: a :.ion hapte ' th t wla iI.c a))le . J motion was made by John Simons to e i ;se the. public l-ing r on e Special errttlit# eaccept the extension n ppro e the draft decision, with amendments ,its , on the P D , Special. Permit. The motion Ca s seconded by Erich Nitzsche and voted unanimous by those present ,, A motion was made by John Simons to close the public hearing on the definitive subdivision, accept the extension and approve the draft decision, with amendments , on the d initi e subdivision . The motion wa'is seconded by Erich Nitzsche and voted unanimous by those present ,. Sincereiy, Planning Board 4 Pz George Mrna,, Jr. , Chairman C! Director of Public Work Board of PLiblicWorks Highway Surveyor Board of Health Conservation Commission Building :inspector Police Chief Paste Chief Applicant Engineer File 5fr4 I Boston Brook PRD Special, Permit Conditional Special Permit Approval , The Planning Board makes the following findings regarding this Special ermit as required by sections 8 . 3 , 8 . 5 and 10 . 31 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, , due to,.-its location in ` 'own. 2 • Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The landscaping plan as shown meets the requirements of section 8 .4 of the Zoning Bylaws 4 . The site drainage system is designed in accordance with the Town Bylaw requirements. The applicant has met the requirements ents of the Town for Site Plan Review as stated in Section 8 . 3 of the Zoning Bylaw. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 7 . The applications before us are in harmony with the general purpose and intent of this Bylaw. The Planning Board finds under sections 8 . 3 , 8, 5 and 10. 31 the Zoning Bylaw that the proposed site plan, together with the following conditions, complies es with the Town Bylaw requirements. Upon preaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be reflected in the final plans to be prepared by the applicant in accordance with paragraph one below. Such final plans shall be submitted to the Board and filed with the North Essex Registry of Deeds,. The developer shall prepare and submit a final set of plans. The final plans shall include the following in one packet. a. Plans entitled: PLANNED RESIDENTIAL DEVELOPMENT for BO TON BROOK ESTATES, North Andover Massachusetts, Dated larch 1988 , Reprised Sept. 4, 1989 , Sheets 240 4 . Landscape plan Ce Plan showing phasing of constriction activities and erosion control methods. I f i i 4 � i All plans shall, be on 2411 x 3611 sheets 2 . The final plans will incorporate the f l lowinc concerns, per order- N.A.-D. .w. . The applicant shall provide an enlargement of a typical unit, showing the water services to be installed including beads, corporate cocks, etc, . b. The sewer mains shall be designed to pass under all utilities, c e sewers shall be designed with a velocity of less than 1 f.p.so i d. In all areas where slopes exceed 5 , granite curbing shall be installed on both sides of the roadway. Finally, the Planning Board finds that the PRD complies with the Town of Forth Andover Zoning Bylaw requirements found in section 893 , and 10. 31 so Iona as the following conditions are complied with,, Therefore, in order to fully comply with the approval necessary to construct the facility as sp cified in the Special Permit Before us, The Planning Board hereby grants a Special Permit to the applicant provided the following conditions aremet: 11 All drainage facilities including detention basins, shall be constructed and erosion controlled prior to the applicant receiving a permit to build. 2 . An as-built plan and profile shall be submitted for review and approval prior to the final release of the security required under section 13 hereof, A certified interim as-built verifying in that all utilities have been .installed in accordance with the plans and profile shall, be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to birder course paving. 3 . All Planning Board order of Conditions are to be placed upon the recorded Final Plans, cover Sheet prior to endorsement and filing with the Registry of Deeds, . Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site. Therefore, in addition to street trees every fifty o feet alone both sides of the roadway, one tree shall be planted for every 400 square feet of area cleared for the roadway outside of the right ht of way. The trees shall~ be a mix of scotch pine, white pane and red pine and will be 61 tall or taller upon planting. The developer shall inform the Town Planner when significant k a .r tree cutting is to occur. 5. The contactor shall contact Dig safe at least 72 hour - prior to commencing any excavation, 66 Gas, Telephone, Cabe and Electric utilities shall be installed as specified by the respective utility ty companies, 7 . All catch basins shall be protected and maintained with hay s bales to prevent siltation .into the dram lines during road construction. 8 . No open burning shall be done except as is permitted during burning season under the Fire Department regul tions. 90 o underground fuel storage shall be installed except as may be allowed by 'down Regulations. ; 1 * All buildings shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NA " . 11. Prior to a Certificate of occupancy being issued for any structures, this site shall have received a necessary permits and approvals from the Forth Andover Board of Health. 12 . No Garbage disposals shall be allowed in any units within this project. If at a later date one is found, it shall be removed at the unit owners expense. 13 , Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening, erosion control and any other pertinent public amenities. 'these bonds shall be in the form of a Tri-Party Agreement or passbook. . Prior to a Certificate of Occupancy being issued for an structures, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 5. Prior to commencement of any on-site construction and the issuance of a building permit for any structure, all off site utilities shall be submitted to and approved by the North Andover DPW and Planning Board. 16, Prior to the Building Permit being issued for the first structure and again prior to occupancy of the first structure, the applicant shall receive a written determination from the Conservation Commission that all work under their jurisdiction is being satisfactorily preformed and maintained. } 5 r 2 7 . Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die within one year from time , of planting shall be replaced 'y the owner, 18 . Prior to the commencement of construction, the applicant shall cause to be recorded with the Forth Essex Registrar of Deeds are open space conservation easement. Said easement shall be in compliance with M.G.L. Chapter 41, the North Andover Zoning Bylaws and shall be granted as the Planning Board sees fit upon the applicant requesting such designation t from the Planning Department. The extent of the easement and the accompanying documentation shall be subject to Planning Board approval. 19 . Construction shall commence within two years of . the date . of this decision, and further, all construction shall be complete within five years from the date of this application. Failure to star within these terms shall cause the Special Permit to expire. cc: Director of Public works Board of Public works Highway Surveyor Building Inspector Board of Health Assessors Conservation Com nission Police chief Fire Chief Applicant Engineer Pile