HomeMy WebLinkAbout2003-02-10 Decision PRD Peach Tree Farm Subdivsion �,..., Town of North Andover 0 xkORr#j
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; ' Development and Services Division
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This is to certify that twenty(20)Clays
NORTH ANDWM have elapsed from date ofdecl Ion,filed
PLANNING Dr-P�,l�WF;N I" SENT LISPS VIA CERTIFIED MAIL without tiling of an ap
RETURN RECEIPT REQUESTED Oats 3
ti !100a 050 Pccpo'.k i `7�1 Joyce A.Baadshaw
Town Clerk
Peachtree Farm Subdivision
Planned Residential Development Special Permit
The Town of I+Torth.Andover planning Board hereby grants the Special Permit for a planned Residential
Development, known as Peachtree Farm Subdivision comprised of 29 single-family homes, a village
green, and 5 attached townhouse units with associated parking. Peachtree Development, LLC, 231 Sutton
Street,.North Andover, NIA 01845, submitted this application on November 1, 2002. The fare mentioned
development company submitted a complete application on November 1, 2002. The application was
noticed and reviewed in accordance with the procedures for approval described in Sections 8.5, 10.3 and
10.31 of the Town of Forth Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located
off Rea 'Street in the R-3 Zoning District. The Planning Board makes the following findings as
required by the:fawn of North Andover Zoning Bylaw,Sections 10.3 and 10.31.
a) The specific site is an appropriate location for a Planned Residential Development as the property
would yield 42 homes with a conventional subdivision design vs. the 34 new homes with the
PRD design. This PRD plan minimizes the amount of disturbance on the existing slopes,
wetlands and abutting properties by taking advantage of the reduced lot size. Also, this layout
preserves approximately sixteen acres of the property through a perpetual open space restriction,
b) The use as developed will not adversely affect the neighborhood as this site is located in a
residential area and there is approximately 1.6 acres of open space associated with the
development. The character of the project will reflect the rural aesthetic presently defined by the
surrounding Chestnut and Rea.Street neighborhoods.
c) There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic impact and
access study submitted by DX Associates, and reviewed by the town's consulting engineer,
demonstrates that the development of 29 new homes and 5 new townhouses will have a negligible
impact on the present traffic volumes associated with Chestnut and Rea Street.
d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
Each home will be provided with sewer and water connections, minimizing the chance of
unwanted pollutants entering the groundwater.
The Planning Board also makes findings under Section.8.5 of the Zoning Bylaw that this PRD is in
harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3, 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 particular, 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 space, reducing the amount of clearing and excavation normally associated with
the construction of residential dwellings on a site such as this, and facilitates the economical and
efficient provision of utilities,
B. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural
resources due to the preservation of open space, and the project design minimizes and protects
such natural resources,
BOAIZD of APPPA A 688-9541 BUILDING 688-9545 CONTW RATION 688-953Q HEALTH 68'879540 PLANNING 688-9535
Peachtree Farm.Subdivision
PRD Special Permit
February 10, 2003
Page 2 of 5
C. Encourage the preservation of open space. The applicant has provided approximately 50% of the
property as Open Space;
D. Permit greater flexibility and more attractive and efficient design of residential development. The
subdivision design both proposes and allows preservation of the existing rural character along
Rea and Chestnut Street, while conforming to the goals and policies of the Master Plan of the
Town of North Andover;
E. Meet the Town's housing needs by promoting a diversity of housing types. The mixed uses of
single-family homes and townhouse units will provide a variety of housing for residents to choose
from.
F. The Planning Board also fields that a base density of 29 house lots with 5 townhouse units is
appropriate for the PRD as a conventional subdivision design would yield 42 new single-family
homes.
Finally, the Planning Board finds that the Planned Residential Development complies with Town
Bylaw requirements so long as the applicant complies with the following conditions:
1. The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the project,
meet weekly with the Town Planner and file monthly written reports to the Board, detailing areas
of non-compliance and with the plans and conditions of approval.
2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer and other off-site construction. Off-site erosion will be a
basis for the Planning Board making a finding that the project is not in compliance with the plan.
3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of
Deeds the applicant shall adhere to the following:
a. The applicant shall post (per agreement with the North Andover Planning Board) a Site
Opening Bond in the amount of fifteen. thousand ($15,000) dollars to be held by the Town
of North Andover. The Site Opening Bond shall be in the form of a check made out to the
Town of North Andover that will be placed into an interest bearing escrow account. This
amount shall cover any contingencies that might affect the public welfare such as site-
opening, clearing, erosion control and performance of any other condition contained herein,
prior to the posting of the Performance Security as described in Condition 5(c) of the
Definitive Subdivision Conditional Approval. This Performance Guarantee may at the
discretion of the Planning Board be rolled over to cover other bonding considerations, be
released in full, or partially retained in accordance with the recommendation of the Planning
Staff and as directed by the vote of the North Andover Planning Board.
4. Prior to receipt of a Certificate of Completion required to be obtained for the project described in
the Definitive Subdivision Decision, a perpetual restriction of the type described in M.G.L.
Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to
this land. Such restriction shall provide that the Usable Open Space shall be retained in
perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject
to certain easements and restrictions to be described therein. Documents to this effect shall be
drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots
from the covenant described in Condition 5 of the Definitive Subdivision Conditional Approval.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Peachtree Farin Subdivision
PRD Special Permit
February 10, 2003
Page 3 of 5
5. The designated open space parcels shall be transferred in ownership to one or more of the
following groups:
a. A non-profit organization or trust whose members are all the homeowners and occupy the
units;
b. Private organization including but liot limited to the Trustees of Reservations, or Essex
County Greenbelt Association whose primary function is preserving open space;
c. The Town of North Andover;
d. Any Group or Entity as approved by the Planning Board the exists or is created for the
purpose of preserving the Open Space.
As referenced in condition #4 above, Documents to this effect shall be drafted by the applicant
and reviewed by the Planning Staff prior to the release of any of the lots from the covenant
described in Condition 5 of the Defmiti-ve Subdivision Conditional Approval. Final Documents
must be fully executed and recorded with the North Essex Registry of Deeds prior to final release
of any roadway bond or security.
6. Prior to Construction, Yellow Hazard tape must be placed along the no-cut line as shown
on the approved plans, or as otherwise designated, and must be inspected by the Town Planner.
Behind 14 14, 15 & 16 the applicant shall install snow fence along the no-cut line to insure that
no constru'ett6h vehicles enter this area. The Town Planner must be contacted to review the
marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan,
certified by a registered professional engineer, certifying that the trees have been cut in
accordance with the approved plans.
7. Prior to releasing individual lots from the statutory covenants, the Planning Board must by
majority vote make a specific finding that the Erosion and Siltation Control Program is being
adhered to, and that any unforeseen circumstances have been adequately addressed.
8. The applicant must comply with the Phase Development and Growth Management Bylaws,
Sections 4.2 and 8.7 respectively, of the Town of North Andover Zoning Bylaw, as applicable.
9. The Planning Board approves the following parameters for house designs: Traditional/New
England Style with clapboard, shingle, brick, or stone facades; architectural roof shingles or
shakes; and minimum finished interior living space of approximately 3000 square feet. As shown
on Architectural Plans, sheets 1-4 provided by the WO Group dated November 25, 2002.
10. Upon application of a building permit, the applicant shall adhere to the following requirements
of the Fire Department and the Building Department:
a. All structures must contain a residential fire sprinkler system. The plans and hydraulic
calculations for each residential system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each residential
system must also be supplied to the Building Department when applying for a building
permit.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSF-ItVATION689-9530 HEALT11688-9540 PLANNINCT688-9535
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Peachtree Farm Subdivision
PRD Special Permit
February 10, 2003
Page 4 of 5
11. After the conveyance of each residential lot, the applicant must provide the Planning
Department with a copy of each deed evidencing the following language:
"As required by the PRD Special Permit issued by the Town of North Andover Planning Board,
dated February 4, 2003, the Buyer of each Lot within the Peachtree Farm Subdivision
acknowledges that the Open Space Parcel(s) shown on said plans, which have been or will be
conveyed to an appropriate group or entity, as determined by the Planning Board, for
conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but
shall not impose any obligation on the Town, to maintain the Open Space parcel(s) in any
particular state or condition, notwithstanding the Town's acceptance of such Open Space
parcels".
12. Prior to verification of a Certificate of Occupancy. The residential fire sprinkler systems
must be installed in accordance with referenced standard NFPA 13D and in accordance with 780
CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the
systems have been installed properly in accordance with the above-referenced regulations must be
provided from both the North Andover Fire Department and the North Andover Building
Department.
13. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on
the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning
Bylaw.
14. This special permit approval shall be deemed to have lapsed after January 21, 2005 (two years
from the date permit granted) unless substantial construction of roadway and utilities has
commenced.
15. The provisions of the Special Permit shall apply to and be binding upon the applicant, its
employees, contractors and subcontractors and all successors in interest or control.
16. The developer shall implement and follow all requirements set forth in this decision (conditions
1-13 above) and the plans and reports, referenced below in conditions 14a-d. Failure to comply
with all requirements therein and the conditions of this approval, shall be the basis for the
Planning Board, voting by majority vote, to stop all site work and construction until defects on
the site are corrected and the development is put back into plan compliance. Plan compliance
will be solely determined by a majority vote of the Planning Board based upon the developers
written comments and the conditions contained herein and upon the following information that is
incorporated into this decision by reference:
Plan titled: Definitive Subdivision and Special Permit Plan
Peachtree Farm in North Andover,MA
Prepared For: Peachtree Farm Development,LLC
Prepared By: Marchionda&Associates, LP
62 Montvale Avenue, Suite 1
Stoneham,MA 02180
Dated: October 24,2002,last revised,January 30,2003
Sheets: 1 through 21
Scale: 1"=40'
BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 14FALTH 688-9540 PLANNING 688-9535
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Peachtree Farm Subdivision
PRD Special Permit
February 10, 2003
Page 5 of 5
Plan Titled: Conceptual Landscape Plan
Peachtree Farm in North Andover,MA
Prepared for: Peachtree Development, LLC
Prepared By: Huntress Associates, Inc.
17 Tewksbury Street
Andover, MA 01810
Sheets: 1 through 4,with a scale of 1"=40',dated December 30,2002
Sheet: 5 with a scale of 1"=10',dated January 23,2003
Sheet: 6 with a scale of 1"20',dated January 27,2003
Report Titled: Traffic Impact&Access Study
Prepared for: Peachtree Development, LLC
Prepared By: Dermot J. Kelly Associates, Inc.
280 Main Street, Suite 204
North Reading,MA 01864
17. The Town Planner shall approve any insubstantial changes made to the plans and reports described
in Section 16. Any changes deemed substantial by the Town Planner shall be presented to the
Planning Board for a determination whether such changes would merit a public meeting or hearing
and/or Special Permit modification.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant
has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days
after the date this decision has been filed with the Town Clerk.
R c 1 ubmitted,
J tin Woads
ing Director
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