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HomeMy WebLinkAbout1997-01-09 Decision PRD RECEly[D JOYCE BRADSE,IAW pUA � � I �G BP � P ' NOR H"ANOO�R A n eal Shall be fIleC1 W N O F N O R T fi A N D O ,G' E R JaN 1,� 104961 937 PP �3A. SS � C ]a SETTS Nithin (20) days after the ate of filing of this Notice 3?a_ QATIy,, I in the Office of the Town Lierk. "Sq<HU5t NOTICE OF DECISION Date January 9, 1997 Date of Hearing ,January 7, .1997 Salem Forest IV . . . . . . . . . . . . . . . . . . . . . . . Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . are in the Zoning District R-2 and, 4ye.an.area.o3+/-,acres Premises affected . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw gegticrx 8...5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the . . . . . . . . . . . . . . . . . . allow_Is s t o 24 sint of j5. lots, construction of a Planned Redeiaj- Development • • • s o 5 new lots 1 existing• lot;• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'A fter-- public hearing given_on the above date , the _Plan_ nr�rg Board voted the Pie-nned Residential Development-. .. tU .a��rove . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed Assesscrs Police Chief Joseph . . . . . . . . : Chairman, Fire Chief Applicant Richard Rowen: Vice. Chairman. . . . Engineer Alison Lescarbeau, Clerk . . . . . . . . . . . File . . . . . . . . . . Interested Parties Richard Nardella . . . . . . . . John SLI_ncris . . . . . . . Town of North Andover of N�TH OFFICE OF 3? y°` �� COMMUNITY DEVELOPMENT AND SERVICES ° . p 146 Main Street North Andover, Massachusetts 01845 -LIAM J. SCOTF 9SSACHU514 Director January 9, 1997 Ms . Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Salem Forest IV Subdivision/PRD Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, January 7, 1997 upon the application of Farr Better Homes, George Farr, 216 Raleigh Tavern Lane, No . Andover, MA 01845 requesting a special permit under Section 8 . 5 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on December 18 and December 25, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Assistant Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons . The petitioner was requesting a special permit for the construction of a Planned Residential Development (PRD) , with five new lots created. The site is located in the Residential-2 (R-2 ) Zoning District . Ms . Lescarbeau read the legal notices to open the public hearing. Dominic Scalise, Esq. was present and gave the Board a brief history of the project . The subdivision was denied by the Planning Board a few weeks ago based on the number of lots in the conventional plan. This new plan has one less lot . Joe Serwatka was also present and showed the Board that the lot lines were straightened out and the houses were spread out . The same house designs previously presented will be constructed. Ms . Lescarbeau asked if there were any zero setbacks . Mr. Serwatka stated that there were none . Ms . Colwell stated that the roadway layout has not changed therefore the drainage has not changed. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 On a motion by Mr. Angles, seconded by Ms . Lescarbeau the Board voted unanimously to accept the special permit/Planned Residential Development. On a motion by Mr. Angles, seconded by Ms . Lescarbeau the Board voted unanimously to accept the conditions for the special permit. On a motion by Mr. Nardella, seconded by Mr. Rowen the Board voted unanimously to close the public hearing. Sincerely, r 1H�n Josep Yh V. Mahone , Chairma North Andover Planning Board Salem Forest IV Special Permit-Planned Residential Development Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a six (6) lot Planned Residential Development (PRD) containing 5 new lots and one existing home known as Salem Forest IV. This application was submitted by Farr Better Homes, Inc., 216 Raleigh Tavern Lane, North Andover, MA 01845 on December 9, 1996. The area affected contains approximately 33 acres of land in a Residential-2 Zone off of Raleigh Tavern Lane. The Planning Board makes the following findings: A. The specific site is an appropriate location for a Planned Residential Development as there is a significant wetland resource area surrounding the buildable portion of the site and the protected Open Space created will connect two section of State Forest. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential-2 zoning district. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8.5 of the Zoning Bylaw that this Planned Residential Development 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 particular, the Planning Board finds that this project will: A. Promote the most efficient use of land in harmony with its natural features by preserving additional open space, by eliminating conflicting and confusing common driveways, and by limiting the amount of wetland filling required to access the site; B. Encourage the preservation of open space. The applicant has provided approximately 26.9 acres of the property as Open Space; C. Permit greater flexibility and more attractive and efficient design of residential development; D. Meet the Town's housing needs by promoting a diversity of housing types. The Planning Board finds that a base density of 5 new lots is appropriate for the Planned Residential Development. This number of lots has been determined from Conventional Subdivision(Proof Plan) of Salem Forest IV in North Andover, MA, dated March 4, 1996. This plans shows a total of 6 new lots was deemed inappropriate due to the extensive wetland crossings required. 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 'ndependent Environmental Monitor who shall be chosen in 1 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 B01. d designated official. The Environmental Monitor shall make weekly inspections of the p ect, meet monthly with the Town Planner and file monthly written reports to the Board Oje onta 7z ining construction updates and any areas of non-compliance with the plans and conditions _r_ of approval. 2. 1 shall be the responsibility of the developer to assure that no erosion on the site shall occur Ich will cause deposition of soil or sediment upon adjacent properties or public ways, except Jhas 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: V As requested by the DEK the comers of the easement must be monumented at Sterling Lane and the State Forest and a 12' wide bed of gravel put down to permanently define the easement. This will also provide access to the general public to the State Forest land and the preserved Open Space. This must be shown on the plan. The houses on lots 3 and 4 must be rotated towards the cul-de-sac if possible. The applicant shall post(per agreement with the North Andover Planning Board) a Site Opening Bond in the mount of$10,000 (ten thousand dollars) 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 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 3(d) 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, .,d) Open space parcels A and B as well as the land designated as "Remaining Land" shall be offered to the State as Open Space to add to the adjacent State Forest, If the State is not interested in obtaining the property, the Town will own the property. 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 in respect to such 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. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. The land must be transferred to either the State or the Town at the time of roadway acceptance. 4. Prior to Construction: a) Yellow"hazard" tape must be placed along the fifty-foot buffer zone as shown on the 2 approved plans and reviewed by the Town Planner. The tree clearing on lots 2, 3, and 4 must be limited to the area necessary for the septic systems. b) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Department. 5. Prior to releasing individual lots from the statutory covenants, the conditions outlined in the Salem Forest IV Definitive Subdivision Conditional Approval must be followed. 6. Prior to FORM U verification for an individual lot, the conditions outlined in the Salem Forest IV Definitive Subdivision Conditional Approval must be followed.: The need for a tree buffer must between Lots 1 and 2 will be reviewed by the Town Planner. The Planning Board approves the sample house designs as presented .and prepared by Miquell, MZO Group for Salem Forest IV, Sterling Lane, No. Andover, MA, Farr ,,�� Better Homes, Inc. dated 10/15/96, 1"=8'. 7Prior to Planning Board verification of the Certificate of Occupancy, the conditions outlined in the Salem Forest IV Definitive Subdivision Conditional Approval must be followed. 8. Prior to the final release of security,the conditions outlined in the Salem Forest IV Definitive Subdivision Conditional Approval must be followed. 9. The applicant shall adhere to the following requirements of the Fire Department: a) All structures shall contain residential fire sprinkler systems the design of which will be approved by the Fire Department. b) Smoke alarms must be installed. 10. This special permit approval shall be deemed to have lapsed on 1� vl'H(two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 11. The provisions of this Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 12. This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a) Plan Titled: Definitive Subdivision of Planned Residential Development Salem Forest IV in North Andover,Massachusetts Owner& Applicant: Farr Better Homes, Inc. 216 Raleigh Tavern Lane 3 North Andover,MA Scale: as noted Date: June 21, 1996; rev. 8/20/96, 9/16/96, 12/2/96 b) Plan Titled: Conventional Subdivision(Proof Plan) Salem Forest IV in North Andover,Massachusetts Owner& Applicant: Farr Better Homes, Inc. 216 Raleigh Tavern Lane North Andover, MA Scale: 111=40' Date: March 4, 1996 c) Report Titled: Drainage Calculations Salem Forest IV North Andover, Massachusetts Dated: June, 1996 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Salem Forest IV-PRD 4