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Home My WebLink About1993-11-23 Decision Def Subdivision PRD TOWN F NORTH ' R HAS sACHT-T SETT S Pf t 7 % Y Any appeal sh filed # I ,all be within )0) rY y 'iY� � I�+ Y �t � � I �\f -ays after the Alpilp Air r . ..TM + ?'} , S S.C:HU date f filingf this Notice f P. ,t or; r In the Office � the Tows I OTT f DECISION Clerk. 1 t 5 This Is tip MW tw** 20 days November 1 have =."a.fan Date . ■ -0' 1919 I"IF VP October 19, 1993 D ate of Hearing �Ihite �f11� TL� Birch n truciton , Inc. Petition o i i i i • t 4 • • • y r w r ■ # # i # ■ i # • • # F 4 • r # # # • ■ # # # s ! i # i a i i • i • • r 1 f 1 i s • ■ t ■ 1 Premises affected i� � �4... *Birch r Lane * ■ ■ • ■ r ♦ • r • ■ r s • ■ • i r • i • s • ■ i i r • 1 6 1 • F a i 1 • s • 1 1 + ti Refe'!.',rincy tO the above petition for a special permit from the e i e.-n en t.s ofy'�� o t Andover zoning law � Section 8.5 � la ned Resident-L. L 1 3 • f F • ■ r • # i # r i i i i • • • • i r • f # • • # • a • • ■ # i • # r a • # # ■ i # # 1 • s i w # # • F • # 1 i # r i r a r M s s i a • ■ te i]it the aeons-cacti■orb Hof ,l rdetached -Ingl family i homso IqL S to pe.". es . • 1 r r f a # # r ! r • • 1 ! • r a • ♦ r ■ • • 4 r ♦ i r r # 1 a ■ ♦ a r 1 w a a • • 1 r • r i • # a • ■ r # r • F r ■ r r ! # 1 r r # • � ■ r r � ♦ ■ F r �.. • P) After e public hearing grven on the above date , the Planning Bo, Irn # 1 *Ji i r i a # i r i t i V i r i r l J..r 3 ■L l\�yl i # • # r r r 1 ■ • i 1 ■ # 1 r • 1 a i 4 1 r • 1 i # i i f 1 4 i i i # f t 'T...-. � s} based � ;�o. he '0'101.`r��: con ..�_� ..� r 1 c ;� of Pu lis �tcr Signed Building inspector fr / Y�-1} �yy S ��}} fi� ?' 1 r`�Fr1 1'�i. -r a o r R.L c li a i � r d e l l , coil e1 Y 1.-i �4 L dn,L j#i i • i r ■ • a # 1 r i r ! i i • f # r i 1 ■ i � r r 1 � i � r a �I alth r�cjent vice Chairman r • f r i • a r i r r I r s a r i # + i # t ♦ r * r t i r i i Police Chief rosepli Fire Clnief F # * # • • • M # 1 i r i ■ pprk F 1 r • ■ i w t s • • Applicant Victor L. Hatem E Sq. ■1 Street f ■ r i • � r + r r s ♦ 1 r r r • t r t r • � r F i • a w • t w FIALe _ `'Yam. North (over M A 01845 l 1�1 e r e t Sr t 4 4�a L t-L es �!r-t1 117 `♦1a / 4 ■ •Yk1-��i f i }i a rt r ■ i i i ■ ♦ 4 or JJ 120 Main Street, 01845 14CAREN H.P. NELWN Town of Director (508) 682-6483 NORTH ANDOVER 13UILDING A DIVISION OF CONSERvxrION fir,-ALTH PLANNING & COMMUNITY DEVELOPMENT PLANNING November 12 , 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street for Andover, RA 01845 Re: White Birch II Special Permit PRD Dear Mro Long: The North Andover Pianni-ng Board held a public hearing on the Tuesday evening, October 5, 1993 in the Senior Center behind Town Building, upon the application of White Birch construction, Inc. requestin a Speci 1 Permit under Section 8 ,, 5 (Planned g a Rdential Development) of the North Andover Zoning Bylaw, The esi legal notice was properly adv' ertised in the North Andover citizen on September 15 and September\221 1993 and all parties of interest were duly notified. The foll,owing members were present: Richard Nardella, chairman, John Simons Vice Chairman Joseph Mahoney, Clerk, Richard Bowen and John Daghlian. The petitioner was requesting a Special Permit for the construction of 10 detached single family homes . The premise is located on the West side of Bradford Street in a Residential-2 and Industrial-1 Zoning Districts4 Mr. Mahoney read the legal notice to open the public hearings * Mr, Daniel O'Connel Christiansen & Sergi , gave the following information on the proposed project : 11 10 Acres, residential one 2 , 501 buffer zone a . Lot 1 i s within the 501 buffer zone (request.--s waiver) b, question of whether 50 -1 buffer zone needs to be maintained along White Birch Lane Mr. Nardella asked if the curl-de-sac on White Birch Lane was constructed. The answer was yes but not paved* Mr. James Grifoni was present and told the Board that he had no agreement with the adjacent landowner at the time White Birch I was approved, White Birch I and White Birch II not submitted at the same time. } y I J F f s i r 5 P! i I Page White Birch Il O'Connel told the Board that the proposed project would be on septic stems and that p erc tests were being done currently* r. o' o nel proceed with his presentation* 16 open space buffers - existing residents 2 • oils on lower half of parcel pert banter drains a to detention area with drai . age easement outlet to a small stream on Bradford Street ere was a d .scuss ion on roadwa ys, el iminat .n -de-sac. ! The Board wanted the open space for White Birch I on the plans. The driveway to Lot 6 White Birch I must be on the plan. Where are traffic and sa- et r concerns with changing the roadway 1 arot . Wetland line needs to be delineated. Reduce grading b building retaining wall f conventional nine Lots plan was submitted to the Board for re view. acne lots) . ;4 Wetlands limited to a stream along the right hand side o ]..an. The Board discussed the buildability of the lots, lots all appear to be buildable. Mr. irons wants the conventional plan to be paced over the topography to check that the lots are actually buildable , Be asked what happens to the extra R-2 zoned area, not part of the subdivision plan. Mr. 'Connel. stated that the additional R-2 zone would be used as a buffer for the Industrial land if developed in the future . Nor. Simons would like to see any proposals for the Industrial land - Beechwood. The Board wanted the 501 buffer on the plan . White Birch Lane now 241 pavement, Cherise will have a 241 pavement . There is a need to chance roadway detail o reflect the r e side o the street t be added. pavement. Sidewalks alone on mr.S irons asked what was next door. - Industrial. land . He wanted a letter from the Board of Health as to pert tests . He wanted to minimize slope cuts and grading. site walk will be scheduled for Saturday, October 16 , 1993 at 89, 00 a . m. . The centerline of the roadway to be staked. ff . + y WOWL Page White Birch II ` r. cw seconded M Mahoney, the Board on motion� y , ' voted to continue the public hearing to the next meeting. George choury, abutter told the Board that the proposal. ' was on Bradford streets not South Bradford Streetip Need to know what variances will be needed f or each lot. Questions s to whether 501 buffer zone n a&Inta . ed along White Birch Lane, On October 19 , 1993 the Planning Board held a regular meeting* The following members were present. Richard Nardell.a, Chairman, f Vice cha .r ►anJoseph Mahoney, Clerk, Richard Rower John Simons, � � and John Ba hl i4 a , associate Members Mr. Mahoney read a letter from the Board of Health.th, regarding perc tests on site, Mr. Mahoney also read a letter from the . , . Both letters are in the file for inspection . Mr, Perna recommended t ing out the first cul-de-sac, keep it on paper, but do not pare . :} 1 Mr. Phil Christiansen, Christiansen & serge., stated that i the cul-de-sac not constructed, there will be a problem with a half finished roadway and safety .issues . ' Mr. Nardella asked when White Birch II would be constructed. Mr. Christiansen anticipated next spring, but never know what market et is like. Mr. Christiansen addressed Board of Health concerns : i initially do test pits randomly, then locate systems them do test pits on specific locations Mr, Simons asked that the developer work with the Board of Health to layout houses . Mr. Christiansen told the Board that he needs to do deep water tests in the spring, cannot do them now. Lot 1 is a problem. utility easement between Lot 6 and Lot 7 provided . Lot l house moved to eliminate need for variance from 501 buffer . Mr. Kar el la commented on the steep slopes to access adjacent property. Adjacent property can be accessed from Bradford Street and White Birch, no connection needs to be provided. Mr. Christiansen stated that landscaping will be done on the Bland in the center of the cul-de-sac. The detention pond moved out of the 501 buffer. i ffk 1 i 4 � 40 I Page • Whitec Mr. Simons concerned out amount of grading in the cul-de- sac. Staff recommendation of a retaining w ll . i ns stated that putting detention ponds and fir-. d grading i on Ik the en ace, eliminates open space us �.a� �. �. g ..n g in circle will be provided. ,- ms. Colwell told the developer to add the existing large rune and hemlock trees on plans, keep as many trees as possible on site. f Mr. Simons had questions about detention pond, why there Mr. Christiansen told hirn that you discharge where there is a natural. flow, Mr. Nardel.la asked the developer to look at possible future connection to the darker Property. mr.. Simons stated that Mr. Barker has a huge area to work with, no need to be concerned with this on this site. h l Mr, ag hl ian asked the d veloper~ to add fire hydrants to the plan ms . Colwell questioned what will happen with the I-1 land. Mr. Christiansen stated that any industrial building needs to be 100' from residential property line. Mr. Simons wants industrial building to be 1001 from zoning district line . I r. Nardella asked why couldn't r* Grifoni take all property down to - I- line? Ir.. s irons told him to include all R-2 land in the subdivision . Mr. Christiansen told the Board that the landowner does not want property lines to cone down to -2 line , ms . Colwell to check with Mr, N'icetta as to industrial requirement for setbacks . Mr, I ardella grants industrial building to be 1001 from zoning line, not property line . n a motion by Mr, s imon , seconded by Mr. Daghl i an, the hoard voted to close the public hearing and directed staff to draft decision incorporating discussions at meetings , On November 21 1993 the Planning Board held a regular meeting . The following members were present: Richard Nardella, Chairman, ohn Simonsf Vice Chairman, Joseph Mahoney, Clerk, and Richard Bowen. 1 3 t # } �. i r page White Birch I keep Lot 1. from accessing through Cherise Circle angle lot line away from grading Mr. Simons would support moving house closer to White Birch lane, going for a variance0 a Teed to add hemlock and spruce on pla -' add sidewalk detail. . b r. o 'en seconded Mr. Mahoney', the Board n motion � � voted to approve the subdivision decision as amended. n a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the special Permit, as amended. The Chairman also voted in the affirmative* Attached are those conditions . Sincerely, '4 North Andover Planning Board Richard N a d e l l a, Chairman Attachment o: Director, of Public Works Building Inspector Co er t .on Administrator Health Agent Assessors police Chief Fare Chief Applicant Engineer `,ale } r I white {#` ({y[yam' Special Permit Planned e i de l Development Conditional Appro r The Planning Board herein approves the Special Permit for Planned Residential Development of 10 lots, Lot 10 designated a en space . This special permit was requested by White Birch Construction Co. Inc . , on August 27, 1993 . " The Planning Board ma] es the of lowi g findings a re dui red bar the Rules and Regulations Governing ".the Subdivision . Land Sections 10 . , and 10 . 31 . A. The specific site is an appropriate location for a Planned l Residential Development as it is an extension of an existing PRD and is exactly 10 acres in size , B . The use as developed will not adversely affect the neighborhood, C . There will be no nuisance or serious hazard to vehicles or pedestrians . D. Adequate and appropria e facilities will be provided for the proper operation of the proposed use . :x The Planning Board also makes indings under Section 8 , 5 of, the Zoning Bylaw that this D is in harmony with the general purpose and intent of the Bylaw and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover . In articular, the Planning Board finds that this project will, A . Promote the more efficient use of land in harmony with its natural features by preserving additional open spaced reducing the amount of clearing and excavation normally y associated with the construct-ion of residential dwellings on a site such as this ; B . nn oura e the preservation o open space . The applicant has provided greater than the property as open pace ; C . Permit greater flexibility and more attractive and efficient design of residential development ; ; D . Meet the Town ' s housing needs by promoting a diversity o housing types . e Planning Board also finds that a base density o house lots i appropriate for the D . This nurser o lots has been 4 + I f r ry Conventional Subdivisionlandetorm determined from li I rov' d d to the Planning Board which satisfies the 'down' requirements for submission of such a plan. r'e l imi ry Plan s described as follows , Plans entitled : Conceptual Plan of white Birch II North .nd ogre a , M Prepared for : White Birch construction Scale : 1" ' Dated -, 8/20/93 Prepared by: Christiansen & Sergi 160 summer street Haverhill , MA 01830 Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements ents so long as the applicant complies with the following conditions : Prior to endorsement of the plans by the planning board and recording with the Registry of Deeds the applicant shall adhere to the following : (per agreement with the North The applicant .l post Andover Planning ,,Board a Performance Guarantee In the amount of ten th6usand $io 0 dollars to be held by the down of North. Andover. The Guarantee shall be in ti the orr of a check made payable to the "own of north Andover escrow account . This amount shall cover , any contingencies that might affect the public welfare such as site-opening , clearing, erosion control. and performance o are other condit ion contained here�.n, \-�/prior to the posting of the Performance Security as described in Condition c) of the Def initive Subdivision Conditional Approval . This Performance Guarantee may t the discretion of the Planhing Board be rolled over to cover ether bonding considerations, be released in full , or partially retained in accordance with the recom endat-on. o the lan g Staffand a directed rected by the vote o the Forth Andover- Planning Board . C . Ail des .gna.-ed open space par e.' s shal l be owne by Homeowners Association in trust . A pe - of ua . restriction of the type described in ! . . L. Chapter' 184 , Section 31 running to or enforceable by the town sham, be recorded in respect to such land. Such restriction shall provide that the Usable open space shall be retained in perpetuity for one or more o the following uses : conser�rata.on , agriculture , or recreation . Documents ents to this effect must be reviewed by the Planning staff prior to endorsement . . 2 r 4 f F S i c . Deeds conveying individual lots must contain a restriction reflecting .the o foot not-cut requirement eme t shown o the R plans , sample deed must e reviewed the Planning Staff prior to endorsement of the plans . d. The hemlock and spruce trees on the upper portion o the site must be shown on the plans . The mouse on Lot must be oriented such that these trees are not affected. 2 . Prior to Construction; shown on the roved plansmust be a . e tree line PP marked in the field and confirmed by the 'free Warden, and/or Town Planner. The Town Planner must be contacted prior to any cutting on site to review the marked tree line . 3 . Prior to any hots being released from the statutory covenants, the conditions outlined in the White Birch. II Definitive Subdivision Conditional Approval must be followed and : ai Copies of the d 6 cuments concerning the conservation restriction, and the restrictive covenants a ' referenced above, must be submitted to the Board for review. b . A silt Fence must be placed along the no-cut buffer zone on all lots to be released. The placement of the silt fence will be viewed and approved by the Town Planner . . Prior to FORM U verification Building Permit Issuance for L'// an individual lot , the conditions outlined In the White Birch II Definitive Subdivision conditional Ap l must.-_ followed. Prior to a Certificate of occupancy being issued f:or an individual lot , the conditions outlined in the While it n II Definitive subd .vision ondit�ona'I Approval mu be followed Prior to the final release of security, the conditions outlined in the White Birch Definitive Subdivision Conditional Approval must be followed and a . The slope and island of the cul -de-sac must be planted with native trees and shrubs to be approved by the Towra Planner ardor Free Warden . } Tie al iea shall adhere o the following requirements o the Fire Department : at All structuresshall contain residential fire sprinkler systems the de a. .. of which will be approved by the Fire Department . . Smoke alarms must be installed& Tree cuttin.g shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site . 9 . This special permit approval shall: be deemed to have lapsed after F . ,5 (two gears from the date permit granted) unless substantial construction of roadway and utilities has commenced. This project must be completed within two 2 ears from the date of the start of construction . 10 . The provisions this Special Permit shall. aPPl ' ' to and be binding on the applicant , its employees , contractors and subcontractors and all successors in interest or control. , 1 . . Tti-is Special Permit aroral is based upon the aroal of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals' are both based upon the following plans a . Plans entitled : Definitive P.R. D . ubdivision Plan White Birch I located in. North Andover, MA Prepared for : White Birch Construction, Inc 380 Essex St-eet Lawrence, M Prepared by : Christiansen Sergi 160 Summer S t re e t Haverhill , M Scale : as noted Sheets : 1 through Dated : 8/13 93 ; rep# . 1 -.2 93 ; final. 11,-f8/93 cc . Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief F i ,Chief t ` . + Applic.ante Engineer File r , .4 {I F { 1 k 'S