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Home My WebLink About2005-04-22 Recorded Decision PRD SP DEF SUB � of This Is to certify that twenty, 2 days have'elapsed f�o Me of decision,filed without fill of aPill gal. .c Date Joyoo A, radshal y, . Town Clore -qcs Town of North Andover �-- +� iz Town ftwmer Office of the Phuming Department Lincoln Du Community Development an Services D vs o • 400 Osgood Street North Andover, us 1845 �� r for (978)68 - 53 NOTICE OF DECISION C Any appeal shall be filedDate: pry 22,2005 within twenty � t, �.�� :fir :�:�� Dates:January l the date f filing the 00,E thr In the O e of"the Town C erk. April1%,2005 Petition f: Chestnut Development LLC,231 Sutton Street, North Andover,MA 01845 !04 Premises Affected: Autumn Chase C4Molly Towne Road") Summer Street,North Andover., tO the above petition.for a Special Permit for a Plannedac° i l Deovelopment,known as Autumn ... w. �...y. b The application was noticed and re accordance with the procedures, o r�a v l describe a in&,�ecn ns , 1 .3 and 1 .31 of the. Tow,of North Andover Zo� Bylaw and M.G.L. c.40, sect/ 9. w So,as to allow.- For the approval and construction of a development of.a Planned Residential 9 ... consisting e f i1 residences and approximately ten 1 acres of Usable 00 Space within the Residential 2(R..2)1 Zonm' g District. At a pub fi c hearing givensaid date above,,the Planning:hoard voted un ousf - to APPROVE a Planned Residential eve opm nt Sp icy. Permit for the Autumn Chase 16 single-family residential subdiv sion based and open spas in arccordance with the following conditions.• Sign -* a -�.er t4 CJI Lincoln J.Daley, C Applicant AlbertoEngineer Angles,,Chairman Abutters John S u6nons DPW Richard Nardella Building Department George White Conservation Department JamesThinney A ATT88Tt, Health Department A 'r u e COPY ' r f ' i t r 14 PG— *'VaZ.V' III ij %Vj Kx tm� =X� [ L Autumn Chase Subdivision Punned Residential Development Special Permit The Town of North Andover Planning Board hereby grants the Special Permit for a Planned Residential Development, known as Autumn Chase comprised of a 16 sin CTRD.)')) � gle family lot Plarmed Residential Development together with associated Usable Open Space. chestnut Realty Development, LLC, 231 Sutton Street, North Andover NIA 0184 ' 5, submitted a complete- application on December 17, 2004. The application was noticed and revie wed in accordance with the procedures for approval described in Sections 8.5 10.3 and 10.31 of the Town of North a Andover zoning Bylaw (the "Bylaw') and MGM c.40 sec. 9. The are a affected '� located on Molly Towne Road, off of Summer Street and is in the Residence . (R-2)Zoning District, The Planning Board makes the following findings s as required 10.3I. g mg equ�red by the Bylaw, Sections 10.3 and a. The specific site is'an appropriate location for a Planned Residential Development e elopment as the property.would yield 16 homes with a conventional subdivision th design vs. e 1 homes with the P g new RD design. Thus PRD plan na n.�zes the amount of disturbance on the existing slopes, vegetation, wetlands and abuttingproperties b talon P P y g advantage of the reduced lot size. Also, this layout preserves in excess of ten (10) acres of the property through a perpetual open space restriction, b. i ne use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately10 acres of Usable [open Space associated with the development. The character of the ro'ect will reflect the P J rural aesthetic presently defined by the surrounding Summer Street and Rea Street neighborhoods,g oods. c. There will be no nuisance or serious hazard to vehicles or pedestrians. The e traffic impact and access study submitted by DJK Associates, and reviewed b the to ' . y wn s consulting engineer, demonstrates that the development of 16 new homes will have .ve a negligible impact on the present traffic volumes associated with Summer Street. d. Adequate and appropriate facilities will be provided for the proper ` P p per operation of the proposed use. Each home will be connected to rnumci al sanitary sewer d P Lary and water connections, 'Mizzing the chance of unwanted pollutants entering e groundwater. th In accordance with Section 8.5 of the Bylaw the PlanningBoard finds t ' that the proposed PRD �s in harmony with the general purpose and intent of the Bylaw, includin Sec y g ton 8.5 and 10.3, and the proposed PRD contains residential development and Usable . P Open Space ul a variety to be sufciently advantageous to the Town and promotes the public heap P p h, safety, and welfare of the citizen of the Town of North Andover which renders it appropriate PP prate to depart from the requirements of the Bylaws otherwise applicable to the zoningdistrict in ' located, which the parcel �s P 6 BK 94 ft�a%j ' Autumn phase PRD Special Permit Approval n e In particular,the Planning Board finds that the project will: P a. Promote the more efficient use of land in harmon with its natural features . . Y es by preserving additional open space, reducing the amount of clearing and excavatio n normally associated with the construction of residential dwellings on a site such has this, and facilitates the economical and efficient 'provision ofutilities- , Pi' b. Protect water bodies and supplies, wetlands flood plains, hillsides,P sides, wildlife and other natural resources due to the preservation of open ace and the project design . . . P space, p J gn minimizes and protects such natural resources; c. Encourage the preservation of open space. The applicant has provided approxim ately 10 acres of the property as Useable Open Space; d. Permit greater flexibility and more attractive and efficient 'design of residential development. The subdivision design both proposes and allows . P Po preservation of the exist* rural character along Summer Street, while conforming to the oafs and policies g g polices of the Master Plan of the Town of North Andover; e. Meet the Town's housing needs. f. The Planning Board also finds that a base densityof 16 house •lots is appropriate for the PRD as a conventional subdivision design would also yield 16 new single-family Y homes. -the Planning Board herein grants a waiver from strict compliance •p e with Section 8.5 Paragraph 6, Section D, Buffer Zone. Specifically, the Planning Board finds . � g that the house, or structuue, located on Lot 16 may be located within 50' of the site perimeter 'p boundary. The applicant has demonstrated that by allowing this waiver the subdivision c . an be improved by adding over one (1) acre of Usable Open space to the total Usable en Space, and P p allows the connection of Usable Open Space Parcel A to the State Forest property ylocated adjace nt to the site. Finally, the Planning Board finds that the P lane d Residential De .Development compiles with the Bylaw requirements and grants a Special Permit subject to the folio . . . .� following conditions. 1. The developer shall desig nate an independent Environment P al Monitor who shall be chosen in consultation with the Planning and CommunityDevelopment Sta.f . P The Environmental Monitor must be available upon four (4) hours notice to inspect the i .. � p site with the Planning Board designated.official. The Environmental Monitor shall make week .weekly inspections of the project, meet weekly with the Town Planner and file monthl written repo ports to the Board, detailing areas of non-compliance and with the laps and conditions o P f approval. 2. It shall be the responsibility of the developer#o assure that no erosion on on the site shall occur which will cause deposition of soil or sediment upon adjacent roe . • P J properties rties or public ways, except as normally ancillary to off-site sewer and other off-site construction. Off-site erosion o sion will be a basis for the Planning Board a finding that the project compliance' with the plan. g g p Ject is not m Page 2 of 6 r. 3 Autumn Chase PRD,Special Permit Approval R ti 3. Prior to endorsement of the cans b the Planning . P y a�ning Board and recording .with the Registry of Deeds the applicant shad post (per agreement with the Nor th Andover Planning Boards a Site Opening Bond in the amount of five thousand 5 040�$ , } to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shalt cover an contingencies Y nngencles 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 • . . � g rmance Security as described ln. Condition 5(c) of the Definitive Subdivision Conditional `Approval. This Performance Guarantee may at the discretion of the Planning Board be roll • . 8 rolled over to cover other bonding considerations, be released in full, or partially retained in ' P Y accordance with the recommendation of the Planning Staff and as directed b the vote of the North Andover Planning Board. . y ni 4. Prior to receipt of a Certificate of Completion (Form ' .. . � ) required to be obtained for the project described in the Definitive Subdivision Decision, a e '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 t• P that the Usable Open Space shall be retained inn perpetuity for one or more of the •following uses. conservation, agriculture, or recreation, subject to certain easements and r `restrictions to be described therein. Documents to this effect shall be drafted b the "y e applicant and reviewed by the Planning Staff prior to the release of an of the lots from the .. . . , , ,y covenant described m Condition 5 of the Definitive Subdivision Conditional.Approval. 5. The designated Usable Open Space parcels shall be transf erred ferred m ownership to one of the fo llo wing groups: a• A non-profit organization or trust whose - members are all the homeowners and occupy the homes; b. Private organization including but not limited to the 'Trustees of Reservations, or Essex County Greenbelt Association whose r' function is preserving .p �y p wing open space, c. The Town ofNorth Andover; d. Any Group as indicated by the PlanningBoard which e .exists or�s created for the purpose of preserving open space for the owners of the homes located in the PRO. As referenced in condition #4 above, Documents to this effec t ct shall be drafted by the applicant and reviewed by the Planning Staff prior to the release. • � p of any of the lots from the covenant described in.Condition 5 of the Definitive Subdivision Conditional `Approval. Final Documents must be fully executed and recorded with the Essex `North Registry of Deeds prior to final release of any roadway bond or security. y 6. Prior to Construction, Yellow Hazard tape must be la no- cut placed along the no cut hie as shown on the approved plans, or as otherwise designated, and must ' g be inspected by the Town Planner. The Town Planner must be contacted to review h `the marked tree hrie prior to any Page 3 of 6 F 4t1 `�ks gn ?.Q tip �i Est 9% to per�� Autumn Chase PRD Special Permit Approval cutting on site. The applicant shall then . supply a copy of a plan, prepared b a Professional engineer, certifying in Yregistered lfy g that the trees have been cut in accordance ' �s dance with the approved plans. 7. Prior to releaser individual 1 . g lots from the statutory covenants, the Planning B majority vote make a . g card must by specific finding that the Erosion and Siltation - • adhered to and Control Program is being that any unforeseen circumstances have been adequately addressed. S. The applicant must cam 'P ply with the Phased Development Bylaw, Section 4 Andover ZoningBylaw. y a of the Town of North 9. The Planning Board approves the foliodesigns: . . IMP wing parameters for house Traditional/New England Style with clapboard, nallNew p d, shingle, brick, or stone facades; architectural shakes; and ' ' tural roof shingles or finished interior living space of a ro shown on Preliminary p PP �aately 2,800 square feet. As hnary Architectural Plans, Modell A . D thru D provided by Chestnut Realty Development LLC. The planning Board acknowledges y . g knowledges that the elevations resented ar preliminary and subject to modifications. F' P e Final elevations and footprints shall be submitted the Planning Department rear to the release t° p ase of individual lots from.the statutorycovenants. Any changes deemed substantial b the Town s' } - y wn Planner shall be presented to the Planner. Boar for a determination as to whether such . g d changes should be discussed at a public hearing, or might otherwise require . . p a meeting and/or q a modification to the original S ecial Permit approval.P pP val. 10. Upon application of a builder e . . g perm it, the applicant shall adhere to the fo IIo win requirements of the Fire Department and the Building g ding De]art?�7eLit, _► ctrL i&7rPe� rt I Ctt contain a residential fire sprinkler s stem. The � ��z�w� 1 �.�„ . y plans and hydraulic calculations for each residential system shall be submitted for review -Department. viep�ment. plans and hydraulic calculations for each residential system must also be supplied to the Building Department when a , ppb4ng for a building permit. 11.After the conveyance of each - • y residential lot, the applicant must provide ' Department with a copyo f p the Planning each deed evidencing the following Ian • g language, "As required b the PRD Special - .Y Permit issued by the Town of North And Board, dated aver Planning the Buyer of Lot ` the Au . es that Autumn Chase subdivision acknowledges t the ]pen Space Parcels, or easements shown plans, which have been or w' on the III be conveyed to an appropriate homeowners associatio n,conservation organization, agricultural trust or the Town of North Andover ' Conservation Cornrnis ' through its lion, as determined by the Planning Board for agricultural and/or recreationalg conservation, purposes, shall provide the Town with the ` impose an able right, but shall not im p y obligation o n the Town, to maintain the Den S particular state or condition, - P pace parcels m any n, notwith�ding the Toi„m's acre~tance of such parse W!% �' 'en Spat e 12. Prior to verification of a certificate accordance with r of Occupancy. The residential fire sprinkler must be installed in. f systems referenced standard NFPA I3D and in accordance with 780 CM1R., Chapter 9 of the Massachuse tts State Budding Code. Certification that the have properly been installed pro in accord systems P y accordance with the abovereferenced regulations must list be Page 4 of 6 -Ice-- Q a % . 0 C o g o # ii Autumn Chase . PRD Special Permit Approval 9 �prDVlded from both the North Andover Fr . Fire Department and the North Andover Building g 13. Tree cutting shall be kept to a . p una throughout the project tonunume erosion preserve the natural features of and the site. If any tree cutting occurs outside as shown an the g of the no-cut line plan, a reforestation plan roust be submitted the ZaWing Bylaw as outlined in Section 5.8(6) of . 14. This special permit approval shall • Pp be deemed to have lapsed after A rxl 19 �� from the date p 07 (two years -permitgranted} unless substantial construction of roadutilities. com aenced. �y and has 15. The provisions of the Special Permit shall hall apply to and be for the benefit of and b ending upon the applicant, its employees, contractors and subcontractors anda successors in interest control. 11 rest or 16. The developer shall implement and follow . .P ow all requirements set forth in this decision, outlined in the Tans and reports n, and as P p s referenced below. Failure to co l with all ' herein and the conditions of the �y requirements s approval shah be the basis for the PlanningBoard v majority vote, to stopall site work acing by rk and construction until defects on the site the development is put back into are corrected and P o plan compliance. Plan compliance will be sot ' by a majority vote o f the P solely deterinule d J ty e Planning Board based upon the develop ' the conditions �' elopers written continents and itlans contained herein. Plan titled: Definitive Subdivision�s�on and Special Fermat Flan Autumn Chase in North Andover,MA Prepared For: Chestnut Rea Development hY p t LLC Prepared By: Merrimack EngineeringS i. Services,Inc, 66 Park Street Andover,MA 018I0 Dated: December I,2oD4,revised:April 4 � Sheets: P � �05 1 through 17 S case: 13 40' Study titled: Project Report on Drainage&Sedimentation.g �mentat�on Control Molly Towne Road,North Andover,Massachusetts Prepared For: Chestnut Realty Develo men LL Prepared B P t' C y: Mack Engineering Services,Inc. 66 Park Street Andover,MA 01 8 10 Dated: December 14,2004,revised:March 8 2 _ 005 Plan titled: Conceptual Streetsca e&Buffer •p Planting Plan and Landscape Details Autumn Chase in North Andover,MAFY Prepared for: Chestnut Real Development;pmen t;LLC Prepared By. Huntress Associates Inc. 17 Tewksbury Street Page 5 of 6 605 , Autumn.phase . x 1'RD Special Peanut Approval r Andover,MA 01 S 10 Dated: Mare 21,2005 Ste: 1 through 3 Scale: 1 1'=40' Report Titled; Traffic Impact&Access stud Prepared fortCh estnut Realty Developnment, LLC Prepared By: Dermot J. Kelly Associate$a Inc. 280 Main Street, Suite 204 North Reading,MA 01864 17. The Town Planner shall approve . P e any 1nmbstant�al changes made to the plans and re descrl'bed in Section 9 and Section P p°'� Any changes deemed substantial b the Town.F shah be presented to the P Y farmer 1 Board for a determination as to whether be discuss such changes should discussed at a public meeting andlor h or might . o • • �g� g otherwise require a modification to the original Special Permit approval. Page 6 of 6