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Home My WebLink About1992-08-17 ZBA Decision SP PRD x �•`n y appeal s 1;aII be filed withill (20" -%fter the a s 'i .a r ; ,a:i :i : 11.ML ; t` FR in the O'ce of t11e T W ••. .#' ,t _ e r . #i JUN TOWN OF NORTH ANDovER BOARD APPEALS j `ICE of DECISION Date Juner 1.,. 1993 r . r r . . . . + r + + Petition No.. . Y , . r i . + + . . r r . . . . a a Date of Hemin . r ,June,8 4. 19+ . . . Petition F t . .e ) . 1 ,*•'.6. d r . r + . r a + a . . . . a . d . . . + . . . + r + r . . . . . . r + + ■ r 4 w i 1 r + f h r , . . a r ■ Premises affected .iii Y x. i . . . .Wb t e. i L,L r W + a . . + r . . . . a + . . . r . + r . . d + . r . + a . . . . - . . . + Referring to the above petition for a variation from the requinments of the . ,for th. Anda v e r+ ` 0 i" B �U. ). 4.r 1r } "i + `� F i. + +(A) . . + . . . . . . . . + . i + + . . . . . . I so m to permit x e11e f. of .1.7. acreS .for. Planne d. Residen t i .7, Develo pmen t r quIrement V,L, 10 ,acres. . + . , + . . . . . d P . 4 . . + . . . . + 1 + . . + F . . . . . F + . . I P . . . . . . After a public ear given on the above date, the Board of ApP&ls voted to , .GRANT . . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . imd hereby authorize the Budding Inspector to issue a perry to . . . . . . nvi ne r , . Inca. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + . . . . . Signed �. Frank Serio, r, � �airma .. . William Sulli , Yice-chairman • lter, .1 , . j , . . . . . . . John Pallone . . . . Board of Appeals d Any '0 f L I RT" -L c e Tcwn hi i iG 0' C H TOWN OF NORTH ANDOVER MASSACHUSETTS E30ARD OF APPEALS Petition #0 Environeers Inc* 28-93 P.O. Box 516 DECIS North Andover 0145 ION , MA 8 The Board of Appeals held a regular meeting on Tuesday, June 8 , continued from May 11, 1993 upon the application of Environeers, Inc, requesting a variation of Section 8 * 5, Paragraph 6 (A) of the Zoning Bylaw so as to permit relief of 1.7 acres for Planned Residential Development requirement of 10 acres on the premises located at the intersection of White Birch Way. The following members were present and voting* Frank Serio, Jr. , Chairman, William Sullivan, Vice-chairman, Walter Soule Clerk John Pallone and Robert Fordo The hearing was advertised in the North Andover Citizen on April 21 and 28 1993 and all abutters were notified by regular Tftailo Upon a motion by Mr6 Sullivan and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. The vote was 4- 0-1, Mr. Ford abstained. The Board finds that although the development does not have the 10 acres required for a Planned Residential Development, the six homes that will be built on this parcel are four less than the maximum amount allowed. The Board also finds that the restrictions the Planned Residential Development imposes on the developer are in the best interest of the town and neighborhood* Therefore the Board finds that the granting of this variance will not adversely affect the neighborhood or derog ate from the intent and purpose of the Zoning Bylaw* Dated this lith day of June 1993 . BOARD OF APPEALS r and 7eio, r chairman tion r KAREN H.P.NELSON 120 Main Street, 0 1845 Tovm of Directoy (508) 682-6483 *°: NORTH ANDOVER BUILDING CO AC, 5 NSERVATION DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT May 11, 1993 Mr. Frank Serio Chair, Zoning Board of Appeals Town of North Andover 120 Main Street North Andover MA 01845 Re: White Birch Estates Dear Mr. Serio, I am writing in support of White Birch Construction' s request for a variance on the parcel size required for a Planned Residential Development. The construction of this subdivision was approved by the Planning Board in August of 1992 . At that time the Board believed that it had the ability to waive to parcel size requirement. As such the Board approved the project on the 8 . 3 acre site. The Board' s authority to make this determination was subsequently brought into question. Although the lack of authority in the Planning Board to make this determination has not been confirmed, the Board required the applicant to obtain a variance from the ZBA prior to the release of any lots, The Planning Board believes that the PRD development is the best al'ternative for the site as it allows for the preservation of open space and creates a buffer zone between the existing residents and the new construction, The developer does not gain any new lots by building the PRD as under both the conventional and cluster subdivision plans submitted to the Planning Board 6 lots are allowed. Under the cluster alternative a shorter roadway will be consttucted, open space will be preserved, a buffer zone will be created, and the Planning Board retains some control over the general look of the subdivision, {f If you have any further questions please coo not hesitate to call me 682-6483 ext, 24 , ly, fatee Bra a Esq. wn Planner cc. Karen Nelson,, Director Richard Na fella� Chair PB Jim Gr i oni, White Birch Construction ihieBir•ch . Town of North Andover it, T r� OF C F 4. COMMUNITY DEVE LOPMENT ANDSERVICES 30 School Street North Andover Massachusetts 0 1845 Director July 22, # 99 f I Mr.. Joseph Scott 2 Rogers Road avert, MA 01832 RE: Conditions for Accepfing Open Space -ate Birch Estates I PRD6 1 Dear Mr, Scott Prior to the Conservation Commissioes acceptance of the Open Space, the Open Space Cornrru"ttee requests that the following be completed: . The dedicated open space shall be marked in the field with a apphcable number of pennanent markers M' Cluding but not limited t pipes and/or stakes labeled accordingly, 2. All access points shall be marked with a sign stating"Now Andover Protected Open e." The North Andover Conservation Commission (NACC) has adopted a specific sign; please contact the Conservation.Adnurustrator for details. 3. All debris, including but not limited to tires, trash, and barbed tee, shall be removed from the dedicated open space and disposed of off- site in an acceptable manner. . Where applicable, existing and/or recently constructed bails shall be cleared and marked in accordance with the requirements of the North Andover Trails Committee N.AT . Please contact the NATO Cbairrnan forspecifics, BOAR]OF APPEALS 688-9541 BLULDING 688-9545CONSERVATION -9 EALTH 688-9540 PLANNING688-9535 I k ' I i y r f F I } 5. An""as- u ' plan of the designated open space at a scale acceptable to the NAOSC and Planning Board shall e subrm"tted with a clear 5 depiction of the following features: 5 Property Lines; Open Space Markers,- Wetland resource areas; Topography at ` intervals, and; trails access Points. Upon completion of these above referenced tasks please schedule a site visit with a representative of the NAOSC. The Planning Board will reqtfire a favorable recommendation from this group within 21 days from the date of this site visit prior to agreeing to accept the dedicated open space parcel. Your anticipated cooperation is appreciated. Sincerely, to Kathleen Colwell �Tomisn. Town Planner Cbai rman, Open Space Cori ee CC: Mchael D.Howard,Conservation A&t- ni trator NAOSC NATC IACC file 1