HomeMy WebLinkAbout1988-09-23 Decision DEF SUB PRD '4� a -
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' IANI'L LUG
P A1466YERk SEP U 2 22 FS '88
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Any appeal shall filed {
within 20) days after the .
!
date of filingof this Notice NOTICE OF DECISION
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In the Off ice of the Town
Clerk, , 5
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Date
Mite of Hearing Vtq .2?,f. .988
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Petition of .@ .�zw;ker. . . . . .,. . . . .'. # . . . 0 9 It 4$ . . . . 9 0 jP * . . . * . . . . . . . .
Premises affected . , Azil;�frV6 At-1;eQ-t* M 0 0 0 6 0 4 0 0 6 a # • • . 00606040 . 090 0060o0 r .
Referring to the ogre petition for a special permit from the requirements �.
` . . .North �Andover �Zoning ;Bylaw,,,,#,, �Section
1� Development)
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After a public hearing given on the above date, the Planning Board voted
. Conditionally
f
s
pecial Permit
tARP3;QYV,@ # oo . 0 . othe. . . . . . . . . . . . . . . . . . � . . . . . . . . . . , . . . * . . . . . . . . . . . . . .
based upon the following conditions:
c : Director of Public Works
Board of Public 'forks Si gn ed
Highway ray Surveyor
Tree Warden Paul A. Heq ooAh 6Qbajx.Maa. .
i Building Inspector
Board o Health Geo �.e Perna, ,ic 0:� `. .
C;o sc va iC COmm�.ss .. n $ 4046 . .$ set * .
Assessors John Simons , Clerk
Police Chief, Fire Chief . . . � . . . . . . . . . , . . � . * . . . . . . . . . . . . .
• pli ant, Engineer Erich
File Interested Parties
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Town of
d OFFICES OR 120 Main Street
PI.."EALS
NORTH ANDOVER REOFIVED North Anclover,
BUILDING rib
ONUS DIVISION OF TOWN CLERK (617)685-471 715
CONSERVATION
NORTH ANDOVER
HEALTH
PLANNING PLANNING & COMMUNITY EV BPNAENT
_. 22 PM18
September 2 ', 1988 -
r . Daniel Long, Town Clerk
Town Hall.
120 Main Street
North .Andover, MA 018 Re: Hickory Hill Estates
Planned Residential
Development, Special
Fermat under Section 8 .
of the Zoning Bylaw
Dear Mr, Long
The North Andover Planning Board held a public hearing on
June 2 , 1988 in the Town Hall, Selectmen' s Meeting Room, upon the
application of George R. Barker, Jr . , 1267 Osgood Street, North Andover,
MA. The hearing was duly advertised in the North Andover Citizen
on May 12 and May 19 , 1988 for the public hearing on May 26 , 1988,
but due to the lack of a quorum, the meeting was rescheduled for
June 2 , 1988 . The following members were present: George Perna,
Vice-Chairman; John Simons , Cler ; rich Nit s the, and Michael Leary.
The Chairman, Paul Hedstrom arrived at 8 : 15 p.m,
John Simons react the legal notice to open the public hearing,
Letters were received from the Fire Department and read. Staff
Report from the Town Planner, Scott Stocking was also read, citing
an incomplete filing.
John Simons commented on the general concept of the proposed
project and wanted the first such project to be done right.
Scott Stocking recommended that the applicant withdraw the application
because it was incomplete. Erich Nitzsche concurred that the plans
should be complete upon submittal,
Al. Shaboo, Design Engineering, spoke stating that he felt the
submittal was sufficient and that he could proceed. He also spoke
on easements and drainage. Al. Shaboo stated that he agreed with
Scott on the fact that at the time of submittal all the plans were
not presented, but he felt that at this time, since the initial
filing, there was enough information in the file . John Simons
asked Scott how many issues were left. Scott stated that after a
echnical Review Committee Meeting he asked the applicant cant t
withdraw the application. one of the issues was lack of sufficient
time in notifying the abutters in that the list of abutters was
submitted after the filing.
George Barker spoke to the Board stating that before subraitting
a final plan and the Board refusing or not liking it, he thought
that the Board should look at his presentation of what was submitted.
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DAIS ��t
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1. edstrom went over a few o the thin
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needed in this application.
23 2 22 N
., Detailed Landscape Plan
Agreement of utilities
Open Space Document
. Floor Plan and elevation
l Shaboo responded by citing those items that were addressed.
The -agreement for utilities and open Space Document are still i
need.
John Simons felt there was sufficient information to proceed.
Paul Hedstrom suggested a sub-committee to work with the applicant
to determine the real issues .
l Shaboo felt that the concept was that of the Boards wishes .
George Barker stated that the parcel of land was not an easy parcel,
to work with being between the wetlands and the hill and that it
would not be visible as that w is is located in Methuen can a hill.
George Perna asked Scott for his recommendations , to move on or not.
Scott stated that Al Shaboo and George Barker were prdceeding in
good faith submitting the information.
George Perna stated that the Board will hear the application.
l Shaboo presented the Board with the following.
1* Total of 58 units - 23 duplexes triplexes
2 . Located on 70 acres
Private drive
4 , Municipal sewer and water
5 , out of the watershed
12 acres to de developed, 58 acres open space
, ]duplexes - 2 , 100 s . t. triplexes - 1 , 800 s . t.
The Board wanted to see the conventional plan along With this
plan. 'there are three Form A Lotsat the corner of the property
possessing eleven acres . The Form A Lots are for the Barker Family
and will be shown on the definitive plan as three lots .
Erich Nitzsche asked if the applicant was going to provide
public access to the Mazurenko Property. Al Shaboo said no
because of the liability to the owner , Erich stated that if the road
ever became a public war there should be available, access to the
property owned by the "down of North Andover , John Simons commented
on the possibility of passive public access , George Barker stated
that a portion o , this land would have to have an agricultural
easement so -he could farm his land.
Chuck Kolbenson, 290 Barker Street, commented on the following
concerns :
is Wetlands being contaminated
24, Effect on school systems
Steep grades
Up grading Barker Street
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Pa 3 :
RE C F-IYED
Questioned lots being buildable NI ( I-JH
What benefit it would have to the neighbor _ L R K
7 * Agricultural issues �',� ���� � �
Paul Hedstrom asked the abutter if he knew 9Pn
48
Bylaw was . Paul further stated that as an abutter he has no right
to ask what benefit he gets from such a development. Paul stated
the owners have a right to develop their land and at this point
the Beard has not acted on any of the issues . ti
Phil. Arrigo, an abutter, expressed concerns on the road location
at the bottom of the hill. . John Simons stated that the hoard always
looks at sight distance.
Naomie Gunl.er, Andover resident, expressed concerns about lack
of affordable housing in the Merrimack Valley area and wanted to
] row the time factor 'Involved. Scott Stocking, "down Planner, stated
that the applicant had to get a site letter from the Massachusetts
Housing Authority, to do that, a complete package would have to be
submitted, He stated that only a small portion would have been
affordable units and the time involved would cost the owner a great
deal..
George Chory, Bradford ord street, stated that he like the development
but the issue of the traffic and the speed of the vehicles concerned
him. Paul Hedstrom stated that the Board would have to make the
determination whether Barker street could support the traffic as
to sufficient width and grade.
MOTION: By Paul Hedstrom to take the matter under advisement and
continue the public hearing and set up a sub-committee
of John Simons and Paul Hedstrom.
SECOND: Erich Nitzsch.e
VOTE: Unanimous of these present.
n August 4 , 1988 , the North Andover Planning Board held a
meeting. The following members were present: George Perna,
Vice-Chairman; John Simons, Clerk Erich Nitzsch.e and MiQhael Leary,
John Simmons read letters from .P.w. , Conservation Commission
and Scott Stocking, Town Planner, Letter to 'down Counsel .
Al Shaboo, Design Engineering, spoke stating the following:
10 2t. easement - Barker street
less units units )
2 detention areas
. looped wat rmain eventually connecting to Old Farm load
Al Shab o wants to use PVC wiping rather than concrete.
Erich Nit sche cited 10 years down the road and r+esidnets
wanting the road a public war and not being up to D.P,W. standards ,
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RECEIVED
DANIEL LONG '
John Simons had an issue with the watery ai . ffQtcl.-ak
would like to run the watermain through gown propeWWF M60QYWRnot
understand why not. .
-SEr 23 2 22
Jack Lindon, Conservation Commission, stated that any use o
the land other than conservation has to be voted for the State
Legistrat re. He did not feel it was a dead issue with Conservation,
they were responding thinking it was a sewer, not a watermai .
i 5haboo stated that the houses will be Colonial type and
all garages are under , not attached.
Attorney Peter Ca1..rso, representing Mr. Barker was present
and spoke e on legal issues citing the easements and that public
access would mean anyone in, the State could have public access .
l Shaboo cited liability issues to the owner if public access
John Simons wanted adequate screening to adjacent property,
George Perna questioned the farming ability with the tenants .
Attorney Caruso stated that only Mr . Barker would be farming.
George Barker expressed concern with the length of time for
approving a Planned Residential Development.
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Attorney Caruso wanted the Board to approve subect to Town
Counsel' s reviewing the documents .
MOTION: By John Simons to close the public hearing and take the
matter under advisement and direct the Town Planner to
send a letter to Town Counsel and draft a decision for
August 1 , 1988 .
SECONDED: Erich Iit sche
Michael Leary did not feel comfortable closing the public
hearing. Scott Stocking stated that he was not comfortable drafting
a decision by August 1 , 1988 . John Simons stated that he would
hey.p draft the decision,
The Board voted 3 to 1 to close the public hearing. Michael
Learn opoed the closing of the hearing.
George Barker strongly insisted that the Board close the
public hearing. For that reason the Board voted to do so,
On August 18 , 1988 the Planning Board held a meeting,
The following members were present: George Perna, ive-Chairman;
John SI ons, Clerk; Erich Nitzsche and Michael Learn. Chairman,
Paul Hedstrom arrived at 8 : 0 p.m.
Scott Stocking, Town Planner has spoken to Town Counsel ,
Following a Lengthy discussion on legal. issues , language in
documents , ownership, easements and open, space, John Simons made
a motion to accept an extension until. September 15 , 1988 , to
address all the concerns . Michael. Leann seconded the motion.
The Board voted unan'ir ou's-ly.
Page
Ig*J4 6LLiA ,
on
er 1 1 the lanain Board h ' a meets
The following members were present, Paul Heds. o C F
George Perna, -Vi:ce Chairman; Erich Ni sche - a ch e Leary.
John Simons, Clerk, arrived at 8 *015 pamo
A4 motion by George Perna to accept an extension until
September 24 , 1988 for a decision was made and seconded by
Michael Leary and voted unanimously by the Board.
On September 22 , 1988 the Planning Board held a meeting with
the following members presents Paul. Heds ro , Chairman
George Perna, Nice-Chairman; John Simons , Clerk; Erich Nitzsche
and Michael Leary.
A. brief d,ic sslon. was held. The draft decision was amended
by adding what the easements is designated by and an easement to
be shown on the plans for the connection of utilities to Land
owned by the Carter ' s .
MOTION,of : y .John Simons to approve the draft decision subject to
adding the amendments .
SECOND$ Erich Nitzsche
VOTED Unanimous
Sincerely,
NORTH NDOV PLANNING BOARD
Pail Hedstrom, Chairman
c: Director of Public works
Board of Public works
Highway Surveyor
Tree warden
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
L4
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it Devejl �)pmer"- EP-,.E IV ED 14 CLERK
TOW,
NORTH Al�fl OYER
a n,i i I n q 8 o a r-1 in a k,eHi t n e,� -F-j o 1-ng fj.f-id i nq S f-e a i C1
a p C at i 3 1-1 f o r ..-a So e'- i'a I P.e r fn a cS -r e u v i u n d&r 3 rC,F 2 22TIV18 d
10 31L f the 'Z7 o.1 1 .-1 g 8 y I a w
The spec i fi c s i t e is an aQpi-opriate 10 C-3 1- 101-1 fC)r -S-LAc h a use
structt.Ir Q- or Cat d ions,
3 . The use as developed and conditioned in this deci,5ion wl 11 not
adversely affenct Che surrounding neighborhood ;
There will be no 1-)Uisancc� or 15erious hazard to vehicles 0 r
C
pedes tr 1 an53 z
Dt do:.qUtAte and appropriat=--, facilities will be provided for the
proper ope).'"-3tion of the pT-opGscad use -,
E . The Special Permit ail ication before us is in harmony j,,jith the
general PLJ.r e and inten-I.: of this Bylaw.
The Planning Board also makes the findings under Section 8 .5 of the
_Z.Oninq Bylaw that this PRD i5 in harmony with the general put-pose and
intent of the Bylaw and that the IFIRD contains residential development
and open space in a varietv to be SLIffiClently advantageous to the Town
and promotes the public her 1th , safety and general welfare of the
citi -Zen of the Town of North And aver which renders it ail pr-oprlate to
depart from the requ ire mel,-it.'S of this bylaw otherwise applicable to the
Zoninq Di5tricts in ,?,jhizh the par}-e1 is located . In par t i cu I ar the
Planning Board finds that this prollect vii I I
A . Promote the more (�fficient' u5e of land in harmony with its
natural features ,
13 . Encourage. -the preservation of open spaces;
C , Protect wate rood ies and suppliess , vietlands flood plains,
ag
-other natural i-esources ricultur-al 1,andc3o ., 1�%jlldllfe , and
including, maivii-raining the qUal i ty Of Watel- contained in Lake
Cochickewiclo-
D Perm ' t g-reater l* b -1 1 and more attractive , eff icient - n d
econam c a I d esi CM. 0 r e15 ; dent a deve I onment s
E , ac i I i t a t�� P_ca nom ---,A I ancs e off i c i en t prov i s i on of Lk t i I t i
F . meet the rf-_,vqn ' s hnusing. needy by prr)motlinci a diversity of
housing tyDeg ; .
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p '.nal )y , th PIanri -ig Bna nds tna poD cnmpLie7i * ith Town Bylaw
requiremen�s so Lcng a;s the follow i on15 are com- d
with . Therefore . in o.-der to ful1y comoly with a n e c e ry
to con5truct th� f�ciiity a� specIfied in thi mit before. u�
.'the p.lanning Board here Fy`.�r�!nt� a `s�ec iaL perj`. �pp.
i^�' �n
;`uvid �' th � f u�l� � ' y ��' diti�' '� �r� " � SEP Z3 2 n F V «88
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A , The foIlowing information and supporting document� shall be
supplied to the Planning Boaro prior to the Board signing the
Plans in order to file this special permit with the Registry oF
Deeds Office :
L . A perpetual conservation restriction easement for the
required open space under this special permit shall be
supplied to the Board which meets the requirements of M ,G ,L .
Chapter l84 , Section 31 as required by Section 8 ,5 of the
Zoning ByLaw . In particuiar , the perpetual conservation
res-triction shall contain the following elements :
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a , The parcel shall be divided into three separate
easement areas , and each such area shall be referenced |
by each of the eaf.-7ements documents . The three �
easement areas shall accomplish the following : 1 . )
allow for continued agriculturai activity ; 2 , ) al \ow |
for common open space controlled and maintained by the �
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condominium association consisting of the residents of i
the Hickory Hill Development - and 3 . > provide for |
conservation of the area designated for open space !
ONLY .
b , The following plan shall be utilized for this
condition : A Definitive Plan of land for a Planneo |
Residential Development to be kmow as Hickory Hill |
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Estates , prepared by Scott Giles , dated 5/ 16/BB ,
revi�ed 7/26/BB and 8/2/80 , Sheet 4 of 18 . The |
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Parcels shown on this plan shell function as fol } ows :4
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1 . > F'arce\ "A" shown on the plan cited above which . |
contains 40 . 46 acres shall allow agricultural uses in |
addition to the right� outlined in l ( c ) ;
2 . > Parcel "B" shown on the plan cited above which �
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cun�ain� 22 .68 acres shail alIow for the maintenance �
and continued ex' stance of com�on open space for the '
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condomimium of Hickory Hill Estates ; �
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3 . ) Parcels ^C" and ''I'd^ shown on the plan ctted atove .
w1-iich contain 6 . 6i acres an(i B , i6 acres respectiveiy , :
shall allow conserva� 1- on and recreational uses ONLY as
outLined in 1 ( c ) `
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fe e �wne�so �o of ` �ore shal �
b H *s fo ! Low uA
ti�ffL to ut-
OVER. _
i , .Parce � ^A^ shaIl be d e f-eded to the H ckory
c C d on . Ah.ich ^ ,
s�a2 l acquire sucM 8 FceI' �subject to the
p } oasement righ's hereinabove described . /
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The rights granted to the Town of North
Andover Conservation Comm ion by means of
a Conservation Restriction Easement shali
incL Lid e the following to forbxd or iimit
any or all : a . ) construction or placing of
buildings . roads ~ signs, billboards , or
othe advertising , utilities or other
st,rtic ures on or above the ground ' b , >
dumping or placing of soil or other
substance or materiai as landfill , or
dumping or piacing of trash , waste or i
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unsightly or offensive materials ; c , ) i
removal or destruction of trees , shrubs or-
other vegetat �on ; d . > excavation/ dredging
or removal of loam, peat , gravel , soil , rock �
or other mineral substance in such manner as- �
to affect the surface; e . ) surface use-
except for agriculturalv farming , forest or |
it recreational purposes" or purposes !
permitting the land or water area to remain
predominantly in its natural condition; f . )
activities detrimental to drainage , flood
control , water conservation , erosion or soil |
conservation- or g . > other acts or uses !
detrimental to such retention of land or
water areas .
Parcel "B^ shall be deeded to the Hickory Hill
Estate�i Condominium Association who shall retain �
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all rights of ownership with the exception of the .
acces� easement granted to the Townl of North !
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Andover to allow pubiic access to the Mazurenko
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Farm Site . This eagement shall be clearly shown
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and labelled on the site plans before us . /
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l \ b
H� ckory Hill Estates Codtu on mhn
shaLI retain ail r �ghts f - ding
t h � .� o`=� i t h t h 4� '''' ^`
e r g f t h
� eccess w U�;y���0QV�R � e
.. foLlowing r �gh�s g�anted to t e Tow rl of North.
` .. 8Er23- a2 Andoveby me�ns'of the C ` r ict ior` '
Ea s-e!rent wh ch sha L l include the following
' rtgh to forbid or Iimit any or alI : a . }
cons taruction or placing of buildings, roads ,
signs ^ billboards . or other advertising , .
utilities or other structures on or above the
ground � b . ) dumping or placing of soil or other
substance or material. as \andfill , or dumping or
placing of tra5h , waste or unsightly or offensive
materials ; c , ) removal or destruction of trees ,
srubs or other vegetation» � . > excavation , |
dredg '.nq or removal of loam , peat , gravel , soil ,
rock or other mineral substance in such manner as
to affect the surface e. ) surface use except for |
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agri� u ultral , farming , forest or outdoor |
recreational purposes or purposes permitting the |
land or water area to remain predominantly in its !
natural congition ; f. ) activities detrimental to |
drainage , flond control , water con�ervation , '
erosion or soil conservation- or g . > other acts
or uses detrimental to such retention of land or
water areas .
d . The language contained in Section 1 (c ) shall be placed |
in its entirety upon the plan cited in this condition
and filed with the Registry of Deeds Office .
e . The language contained in the Conservation Restriction
Easement shall incorporate the language contained in
Section l (c ) in determining the rights of ownership of
the parcels of land described in this decision . |
2 , The final documents needed to accomplish Condition # i cited ' |
above shall be submitted to the Planning Board and Town �
Counsel in order to - determine if the documents are properly i
constructed , and adhere to the items listed in Condition # L . i
3 . The Conservatibn Restriction Easement shall be perpetuaJ. ,
4 . The easement shall be entitled a "Conservation Restriction
Easement" .
5, The easament shalL be upprnved by the State 3ecretary of �
Environmen�al Af��irs , Upo is approval his signature .!
�halL be placed upon the documen� . Failure of the State �
�ecretary of Envi /onmentaI Arfairs to approve the ea�emen�
shall null and void porx _- on(E of decision deal. ing wtth .
the ConserxatLor. Restriction Easement and necessitate th� |
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aPplicant tu re� � le this app � |cation as � 5pec �aI permin in |
ord o cbrrec any apd all matters deaLing with
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def zc i�ncy i n ar / easeno�r , co``dagreement i
p e r t a i n i ng t o t�� �c n�e r'/a t i n n �e s t r l c t �o n E a s e me n � c s ) l ed
�nr xhis de� � � } o � . �
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M d r) a 1
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*Nh -ed ib y a o ris e r v-a I o -i Re r J. t i Ea�-Iemen t
TO
NORTH- ANDOVER
'7
SEP' 23 b22 2`1 rP-*I'll'T"8r'8 t h
r ap p r a va -F)h a b e on ta i ned vi i t h i
t h P- d a c kjt"e n t
In ordetr to met---' t 1--i P- goal of rniniml .-
d I Si-UP 0 1-1 V SUS l Impilic- t c-C the pi-c) jec.- t and so I I erosiol-i on
-ie h i I I y s i e. a -i o u- i ne s h a I. I be p L ac f--2 rj up o n the S i to
P I'a-vis
9 . An h: 11 b e q-.-.ainted to trie 7
iown to provide ;pub '� Jj-c
acrzecS�i 'kto the illa4zurenko Farm . I �ie easement shalt be 10 '
vilde and ,-id 'Lcatcd on t-he plan with the 'FolLopw inc i u, cj
A PU131 I c access easement gran ted to the Town o f North
()I-Ida vP.r 0 a I I ow for accr-il5s to pub I is I and,5 Inca 42 d a tr I.: -I e
urenka Farm
A .-JO vq i cl cl bLIf f OF a e a sha L I be p r o v id 'd from the per J..me I,;eir
0'r the parcel I ine which can tains the condominiums (Par(---el
►9- requirf--:)d by Sec tLOTI 8 ,5 , 6(d ) No pavement , cutting ,
or gFading shall be allowed in this buffer area *
I I The landr3cape plan 5ubfnitted shal I be amended to Show a trfL-2e
1- 1/2" in diameter at leasl, 4 ' high at the time of planting ,
along every 50 ' of roi-�idway shown on the plans before
US . I n add I t i on s detai led lands- cape p lan for p I ant i ng
i;er i a I s t a. b e supp I i ed ad ac an t t o t�Fi e h o us i ng �n s1h a I
5e Presented and approved by the Board ,, The Board
encourages. the ut i 1 i za t ion of e-x is 1; ire g N/egetat io-1-1 When
Poasible in order to meet �Ihe requirements of this condition .
12- A 20 ' wide sewer and wager easement to allow the extent--aion
of the5e services to the Land of Carter shall be shown an
the pLan in accocdancf.'-3 with the requirements of the Division
F-116-jhllc Works .
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