HomeMy WebLinkAbout1991-03-08 Decision DEF SUB MODIFICATION SP J41
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appeal shall be filed
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date of � �tIn o this clerki CHUS
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ice of the Town
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Clerk.
NOTICE of DECISION
Town cierR
Date, ,March 8, 1991
* . . . . . . . . . . . . . , f
M r h 7, 1991
Date of Hearing
George R. Barker,
Petition o . . . . . . # . , . . . . . . . . . . # . . . . . . . . . # . # . . . . . . . . , # . . . . . # . . . . . . .
remises C ee e pp. the �r h si of Barker Street
plow Ago 0 # 10
Referring to the above petition for a special permit from the u-1 iloille.1 its
of the
Development RI))
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After a public hearing given on the oar cute, the Maiming Bolard voted
CONDITIONALLY }
o APPROV1411 • • • • s Aile Zpecial*Permit •M d:Uj-cat on. . • . � # • # . � . * # � � � s i r � . • � . . . � . .
based UP011 the ollolvili o011 lition
CC: Director of Public Works
Board of Public Works
Highway Surveyor
� �� ( ��,44Building n ocow
�
Board of Health �
Conservation fission George . .. x�al. . t � hai ma , . .
` ssero
4 Fire CHief
Appli
cant jolm Draper
Engineer
e Richard dell
Fil ! # # s a # r ♦ # * • * r ♦ f * g # ■ pap doe . s i y 1h i •
Interested Parties
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K R IH. .NELSON `` "'' � �.� I�������x : thy�:t,'���i5�;�
NORTH ANDOVER
AC 4V6
DIVISION OF
CONSERVATION
PLANNING & COMMUNITY DEVE LO-PMENfr
PLANNING
+ lurch 8r 1991 , +
F i
1r. , Daniel Longf
"rowan Clerk
Town Building
120 Main street - -
orth 1 dove 14 1 F e ; Special - 1 ;t�, i
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Estates '
Dear 1r,, Long f
The North Andover Planning Board field a Pul liX 11: 3119 "11
a ch 1 1. upon he application i c a ti o George R. a x;� 1 . , 1*�#:�
' "
Osgood Street, North Andover, HA6 , requesting ICto(ti fiCc tri.r
approved Special Permit , dated September , 5 , �:�:�� � ��i������.r
Estates PRE Planned Residential ntial vel.o meant under S boll �� . �: nt
,the North Andover Zoning Bylaw ) . The L:iublic hearir)q wa�i d 1.
advertised In the Lawrence Eagle Tribune on February 2-1 d
February ar 28, 1991 and all parties of interest were duly nog:i fly #1 .
The following members % ,rke present and vot: .ri George
chaff na oh ape Joseph Mahone and Richard i ard`e l is . o1i i
Simons was absent*
i
The petitioner seeks an approval to mOdifY the s e#1 LE-11
yk reducing the numberdwelling units from to �� dwelling
units . The premises of f ected are located on the 110,!:th 1'0..
Barker street i Residential l ( R-1 ) and esideiiti��l Fi- '
Zoning i i t can approximately 84 acres . '
Richard
Na de a read the legal. notice to openhe p ubl iC
hearing,
istian u tress stated that this project w,7i., of iqj x1:_( .1y
F
approved through the special Permit process in September Of 1
The original approval called for construction of 5 Wellinct Unites
in a site la ned PRD or condominium style development , Directly
a to a c v o the original Special Permit thP. �P 1ie-' _A11t -
constructed part of the roadway and all. utilitiese
Mr. Huntress went on to say thecit due to the natur of the
economy
at t o ese t e the condominium scl:ez11e ��ck:}' �.
easi e . e a l ica has it a si ned the f ro i ect �0 Ec
Subdivision PRD with half acre lots and 100 feet of r llt,- c-
e of PRD is allowed through Section 8 . 5 of the Z011ilig BVIE I -Md
.s the subject of the modi ieation before the Board this e c-llil' 1 .
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Page 2:
Georg Perna
as} ed i the Technical Review Co�� m-ittr , �� �
reviewed the modification . Christian Huntress stated that the T R C
had reviewed the proposed changes and found that this jn diti.ca.t�.i n
ral project development. +The drainage.-
was a down seal ove
structures, roadways, and all utilities designed for the original
e service to the P-R
approval would e more than adequate to pr �.d
this application, his modification will create
as modified aless of a +to impact, sewage output and overall cepenar�oe oil
,.
town services than the previous origurat .on .
Mr. l
fired t aboo o Design Engineering was .1 resP,n
sentf � ar .e `, Mr.. Shaboo ev i ied concerns which ��ad
re p e
been previously raised by staff and they are as' oi.lov s
s the ' s intent .on that this roa way c-11 U1 -1
11 it �,
remain s privatea Please present draft deed
restrictions which would address tiffs concern o
26 Through
the initial approval of this PRD the Planning
Board reviewed and approved proposed facades . for th .
dwelling un
its .s . In an effort to retain architectural
unity the
Board would like to have the applicant draft
restrictive e co errants which will focus the house design,
to a specific form and style of architecture . ThesP,
covenants shou Id be enforceable by the applicant at the
time of construction.
} clue s tion has
beenraised e a to whether an applicati011
for approval of
a [ e initive Subdivision -rill be e ui. ed
to create th.e lots as shown on. the modified s-i to plan .
have requested that wr Counsel review this issue and
report to the Planning Board.
A 4 o cut Line" should be shown on the plans . This line
Should be placed jL,st outside the limit of worlt necessary
for the con
struct .on o the r` advi y, dwellings and all
clearing associated with drainage .
ted the fir. Huntress presen
Board with draft set o .we-D-t+y
four conditions prepared by Staff .
that lie has presented draft enarits ca
�Ir sho stated .
1
requested to Staff. Christian huntress stated that Town COUWS>P2
and report to the Planning Board e Any
will red. the documents � documentsi
conditional approval granted could condition that these documents
be approved in form by the Planning Board prior to filial re ecu .
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Christian Huntress stated that Counsel has verbally a d v
Board to require a Definitive Subdivision Appl icatioli f- r r-ec 0,L 41i.1-1
purposes. The creation of individual lots can only bti rep{.t.--,r-e'd
through a Definitive Subdivision or an Approval Not. R quij:i,1d
application. Therefore , the filing of a Definitive 0,i.1u))d i v i's i1)n
application shall be required.
George Perna questioned the cul-de-sac which i.s shown ari jth
plans for phase one of this modification . Alfred Shaboo ;��:���:.����
that this is a temporary structure which will be r mo (:-d �ihen
two is constructed, Mr, Perna expressed his concerns that, the ctil.
de-sac should remain to provide parking for re'Pidents vhf.) wish t D
use the access to Ha urenko Farm located directly oft the ro du
at this location . Mr. Shabo told the Board thatthe lCo-. �)ri ��hic h
the cul-de-sac is located will become part of a buildable lot in.
phase two of this modif ication. The Board a sR.ed 'L1* t
possibility parking be reviewed and finalized at the time of t h,�Definitive Subdivision hearinci,
Mr. shale oo reviewed the no cut line and stated that the line `
is established as the Board had asked ,
Joseph Mahoney e expressed concern with the pro ec i;'(_� ,IV, tit
drafts presented , Christian Huntress stated that tho 1�o Tenant s
will he submitted to Counsel for final review: and approval . 11r.
Mahoney also askedwhy condition number e e r- o Chapter 61A.
Mr. Huntress stated that this property was receiving . pi:otA.ction
under 61A as an agricultural use and that development opf this
parcel will require that: the applicants follow all guidel.ine�-.
associated with that statute .
George Perna then asked for any pul)lic input or concern . IIr,
shahoo questioned the need for condition number 1 d . 'IIrj9, ti.an
Huntress informed the Board that this was a condition -.P-f the ,
original Special Fermin approval granted on September 23, 1988 , At:
the time ,, Chief Dolan of the NAIT, had recommended the use of
residential fire sprinklers . The Board was unwilling to waive hi. :
requirement without input from the Fire Department, H # ..fical- .'%
stated that lie had no real problem with the condition but felt, he
had to ask the Board to at leash consider removing this item from
the conditions . The Board did not remove this condition .
At this time Christian Huntress asked the Board to make t:ho
following amendments to the drafty conditions: -
a. Condition number 19 add the following wording : f+T It
covenants as listed in this condition and condition
number 18 shall he approved in form by the 1e-innin Do.-n . d
prior to endorsements of the Definitive ki'ubdivitsion a
referenced in condition number . "
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Page 4 :
• hall e added which reads ���S
Condition number
applicant shall
apply for a Definitive
follows : "The
Subdivision
showingLots conforming with dimensional
requirement s found in Section 8 . 5 of the Zoning BylMr. "
• hall. added h i c� reads a
Condition ion number
"Constructionshall commence within two )
and completed within five ( 5 ) years from l ,
years ,
date of this approval. .
George Perna asked ,her
r further 'Input from either
c , o receiving no further input Hr ,
the applicant o public . prgy
Perna asked the Board
r a o .o .o close thepublic lip ar�.ng .
a motion made chard
and ll.a and seconded by � 11,
Drapes`, the
hoard voted unanimou�sl. , incl. ding the Chair to , o
chose the l)lic hearing take tiro matter under advisement .
On a second motion ma
do. 1 Joseph Mahone and seconded b
Richard ardolla Board vaned r ar i. no 1. r, including h
Chairman, o ap p ro h modification off: the ors. �inzil SPf cCicll
Permit issued on September f
1 8 for Hici or ill t: k , With
• d an
amended the Planning Board .
condi ions as a
Attached are those ccrda.te
l.ors
Sincerely,
_�• . Ali
��e io r Ve e rna
#+ k
Chairman
Cc : Director of Public Work
Board of pu))Jic Works
Highway Surveyor ,
Building Inspector
Board of Health
Conservation Co
Assessors
Police Chief
Else Chief
Applicant
Engineer
File
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HICKORY HILL ESTATESr PRD MODIFICATIOU
Special. Permit Modification.
. r
The Planning Board herein modiLfies the• original ' pec l e ' it
.issued for Hickory Hill Estates, dated Septef ber 2 '1 . The
Planning Board makes the following findings regarding this
Special Permit Modification as required by sections 8 . 5, 10. 3 and
. 1 of the North Andover Zoning Bylaw:
A. The specific site is an appropriate location for such use,
structure or condition;
B. The use as developed will not adversely affect the
neighborhood;
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`here will be no nuisance or serious hazard to vehicles ot
pedestrians.
Do Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
E. The application before us is in harmony with the g n- ral
purpose and intent of this Bylaw,
The Planning Board also makes the -findings under Section 8 , 5 o
the Zoning Bylaw that this P D i s in harmony With the general
purpose and intent of the Bylaw and that the P D contains
residential development and open space in a variety to. be
sufficiently advantageous to the Town and promotes the .ptibl .c
health, safety and general welfare of the citizens of the 'o�-gin .•cif '
North Andover which renders it appropriate to depart from the .. :.
requirements ents of this bylaw otherwi' se applicable to the Zonitiq
Districts in which the parcel 'ss Located. In particular, the
Planning Board finds that this project will.
A. Promote the more efficient use of land .n harmoliy with its
natural. features; ,
B. Encourage the preservation of open space
C. Protect waterbodies and supplies, wetlands flood plains,
agricultural lands, wildlife, and other natural resou .oes
including maintaining the quality of water contained ins Bake
c och i chew iek.
Permit greater flexibility and more attractive, efficient,
and economical design of resident,*al developments ,.
E. Facilitate economical and efficient provisi"o i ol utilities;
F. Meet the Towns housing needs by promoting a diversity D .
housing types.
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Finally, the Planning Board f inds that the PRD c6mpl ies with Town
Bylaw requirements cement long as the following addi't .ona . donditions
are complied with. Wherefore, in order to -fu ly comply with the
approval necessary to construct the PRD as specified in this
Special Permit Modification before us the Planning Board herein
grants this modification provided the following conditions are
met:
I. This approval is for work to tale place within phase one o
the proposed PRD as inodifled herein and shown on the
following plans
Pans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES - PeR. * (APPROVED)
NORTH AN OVER, MASSACHUSETTS 01845
Dated: FEBRUARY 11 1991
Revised: FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING {
P,O* BOX 51
NORTH ANDOV R, MA, 01845
TELE, (508) 683-3893
client: GEORGE R. ' BARER R
1267 OSGOOD STREET
NORTH AN OVER, MAa 01845
Sheets: ONE THROUGH FIVE (1 5
2 . Conditions one 1 through seven as listed in the
original Special Permit, approved 9/23/88 , shall remain in
full force and effect. The extent and natural of the
Perpetual conservation Restriction shall remain as originally
approved.
30 In order to meet the boards goal of minim zing site
d . u tion, visu l impact of the prof ect and soil a osa. n on
the hilly site, a no cut 1 ine has been placed upon the
revised plans, Any clearing beyond the limits of the n cu
line shall be subject to reforestati n under section 5, 8 of
the North Andover Zoning Bylaw.
4s In the proposed phase two 2 of this modification which mush
also cone before the Planning Board, the applicant shall
ro 4 de an easement to the Town of North Andover to allow for
access to public lands located at the Mazarenko Farm. The
easement shall be 101 wide and indicated on the plan with {
the following language
"A public access easement granted to the Town of North
Andover to allow for access to public lands located at the
Mazarenko Farm,. "
{
An easement document sha .l be prepared by the applicant at
the time of filing for phase two '2 of this PRD and, that
document shall be recorded with tho registry of deeds.
so A ' ide buffer area shal.l be provided from the perimeter
of the parcel. 1 ine which contains the proposed coh. ru ion,
as required by Section 8,5 6 (d) No pavement, cutting or
grading shall be allowed in this buffer area* '
A 201 wade sewer and water easement to allow the extension o
these services to the land NIF of carter shall be shown on
the plan in accordance with the requirements of the Division
of Public Works.
7. The roadway and driveway saa .l not exceed grades of tern
percent 10% . The board shall allow these steep grades in an
effort to minimize the disruption of the existing contours - of
the land.
` 8. The applicant shall adhere to Section 4 . 2 Phased
Development) of the existing bylaw.
. Any action by a Town Board, commission or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, or changes in
the grad an n cut line -or perpetual conservation
restriction shall be resubmitted to the Planning Board for
review.
10. The applicant shall adhere to the following requirements o
the Fire Department
a. open burning is permitted by permit only after
consultation with the ".ire Department.
b. Underground fuel storage will only be allowed in
accordance with Town Bylaws and state statute. and obly
with the review and approval of the Fire department are
Conservation Commission.
c e got numbers are to be posted clearly during constr ction
and permanent house numbers prior to occupancy.
d. All structures shall be required to contain residential
fare sprinklers systems in conformance with the Nor h
Andover Fire Department.
11, The applicant shall adhere to the following requirements o
the Police Department:
a. Adequate site distance shall be maintained at the exit o
the project onto Barker Street*
b. Appropriate signs shall be placed on Barker stre.8t
rt
informing motorists the intersection.
o A "STOP" sign shall be placed as the proposed roadway
exits onto Barker Street.
2. There shall be no burying or dumping of construction material
on the site. Also,, there shall be no burying of tree stumps
in the Watershed District,
139 All, lighting for this project sha .l be reviewed by the
Planning Board.
The public access easement shown on the plans shall be
adequately marled with wood pokes starting at its barker
street entrance. These markings sh l l be in the form o
wooden poles placed every 500 feet along. th.e roadway. These
polies shall be 4 feet in height and shall contain th
following language: ,
" ub 1.is access to Mazarenko Farm, Town of North Andover. "
Other language as approved by the North Andover Conservation
Co mission may be used.
The purpose of this condition is to notify the citizens o
the community of the existence of the access easement and
help guide their journey to Ma arenl o Farm through this
pro ect.
15. Any signs utilized for this project must obtain a sign permit
as required by section 6 of the Bylaw,
16, The applicant shall provide a water connection to French Farm
Village subdivision in accordance with the standard of the
N.A. . . . * ' The applicant shall provide signed easements
is
including those from abutting property owners.
17 . Prior to the sale or development of the pro ect, the
applicant shall adhere to the requirements of M.G.L.
Chapter 61A.
. In no instance shall l the proposed roadway be deemed.- as a
public way, accepted by the Town or receive Town services
such as plowing or trash pickup. All m-ergency se ry is s such
as fire and police shall be afforded to this roadway. The
applicant shall record restrictive covenants for each
individual lot which states that the property fronts on a
private way and as such the property owners shall b
responsible for roadway Maintenance, plowing and gash
pickup,,
. Due to the nature of the PRD bylaw the applicant shall record
restrictive covenants which will insure ' that the
architectural style of the proposed structures shall, be
uniform in design. i
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2 . The contractor shall contact Dig Safe at e t+'' 2 hours,
+
prior to ormenc' any excavation. . +
21, Gas Telephone, Cable and Electric utilities z all be
installed as specified by the respective utility camp } nie .
y
22 . l l ,catch basins shall be protected and maintained. with h.a:
}
bales to prevent siltation into the drain lines during :$
construction, 7
23 , Prior to a Certificate of occupancy being issped for any
structure on this trot, this site shall have o v d+ al.l
necessary permits and approvals from the North Andover
Board of Health.
2 ,, The provisions of this Conditional- a v ail shall apply to .
and be binding upon the applicant, it's pl y i . -rid all
successors and assigns in 'interest or control.
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