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4 TOWN OF NORTH ANDOVER
HAS SAC HUSETTS
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Any.appeal shall be filed
within (20) days after the 'SS,CHUSEt
date of filing of this Notice
In the Off ice of the Town NOTICE OF DECISION
Clerk.
'`. .is to certify that twenty(20)daya August 16, 1994
�e elapsed from date of decision tile: D ate. . . . . . . . . . . . •&lay' 17;dune' 7;uune
s:ithout filing of an 21,
Joyce
o a aBw �'����` Date of Hearing June 28, July 5,
Yce 'Ju1y'I9'&'August 2, 1994
Torn Clerk
Petitionof Robert. Janusz. • . . • • . . • . , • • • . • . , . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected Land on the .South ,Side •of .Candlestick Road . . , , . . • • . :. . . ,
Referring to the above petition for a special permit from the requirements
of the , North. Andover Zoning Bylaw - Section 8.5E Planned Residential. Development
. .
so as to permit , ,the ,construction ,of . • . .
8 single family homes. . . , . . , , , , , , • • . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
--r-,
m'
After a public hearing given .on the above date, the Planning Board voted W
CONDITIONALLY
tb ,APYROV . . . . . . . . .the . . .SPECIAL PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AT=COPY
7bwnCerk based upon the following conditions
Signed d— a, Q �'
Richard A. Nardella, Chairman ®z X
cc: Director of Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector Joseph Mahoney, vice Chairman
Conservation Administrator
Health Sanitarian N
I
Richard Rowen, Clerk ..,.
Assessors L,v w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - -q.
Police Chief {YIJ'L y � John Daghlian Q
Fire Chief Gr/4/G
Applicant (40 1IY n " FL
Alison Lescarbeau, Associate
Engineer / f . . . . . . . . . .
File ! planning• Board . . . . . . .
AFFIDAVIT PURSUANT TO
M.G.L. CHAPTER 183 , SECTION 5B
I , Kathleen Colwell, having been duly sworn, do on my oath
depose and state the following according to my personal
knowledge:
1 . I am the M n' -ng. for the Town of North
Andover, Massachusetts and in that capacity I am familiar
with a Special Permit that was issued by the North Andover
Planning Board for the project known as Jerad Place -
Phase III .
2 . The Jerad Place - Phase IIZSpecial Permit was issued by
the Planning Board on August 16 , 1994 , and the Notice of
Decision was recorded at Book �.e? , Page -6.5_.
3 . One of the conditions of the Special Permit, Condition No .
11 , provided that "this Special Permit shall be deemed to
have lapsed after August 16 , 1994 (two years from the date
permit granted) unless substantial construction of roadway
and utilities has commenced. "
4 . The date set forth in Paragraph 11 of the approval should
be August 16 , 1996 , but due to a typographical error it
reads 1994 .
Signed under the pains and penalties of perjury this2, h
day of March, 1995 .
Kathleen Colwell
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . March Z', 1995
Then personally appeared the above-named, Kathleen
Colwell, and acknowledged the foregoing to be her free act and
deed, before me,
Notary Public
My Comm. Exp. .
H:ext-ianusz
t
TOWN OF NORTH ANDOVER
MASSA,CHUSETTSy �
PLANNING BOARD �
APPLICATION FOR SPECIAL PERMIT
NOTICE-, ' This application must be typewritten
Applicant: Robert Janusz Address: 40 Sunset Rock R_Qad
Andover, MA 01810
1. _ Application is hereby made
(a) For a Special Permit under Section 8 . 5 , Paragraph _
of the Zoning Bylaw.
2 . (a) Premises affected are land x and buildings N/A
numbered N/A street.
(b) Premises affected are property with frontage on the
North South East West side of
Street, known as No.
Street.
(c) Premises affected are: in Zoning District
the premises affected have an area of
and frontage of feet.
3 . ownership:
(a) Name and Address of owner (if joint ownership, give all
names) :
Robert Janusz ,_ 40 Sunset- Rock Road, Andover . ,MA 01810
Date of purchase 4/30/94 Previous owner Estate of Iga
(b) If applicant is not owner, check his interest in the Eller
premises:
Prospective purchaser
Leasee
Other (explain)
4 . Size of proposed building: 80 front: 40 feet deep
Height: 2 stories : 35 feet.
(a) Approximate date of erection Fall of 1994
(b) Occupancy or use (of each floor) Residential
(c) Type of construction Wood frame
S . Size of Existing Building: None feet front: feet deer;
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
6 . Has there been a previous application for a Special Permit
from the Planning Board on these premises? No
If so, when _
7. Description of purpose for which Special Permit is sought on
this petition: To create a Planned Residential Development (PRD)
to promote more efficient use of land in harmony with its
natural features & to encourage the preservation of open space
in accordance with Section 8 . 5 of the Zoning Bylaw.
8 . Deed recorded in .the Registry of Deeds in Book Page
or Land Court Certificate No. 5465 Book Page
9 . The principal points upon which I base may application are
as follows: (must be stated in detail) . ®r®AJ ,fy I7 t/ _
a:• 77 ?e Gvi" Ov, AJO CUB` iJi ' 0 S'�Li�- ' 'E A N 6 ,9r Gtfd_' o
7"�S
I agree to pay for advertising in newspaper and postage fee for
mailing legal notices to "Par Es nteres"' .
(Pe Lion is Si ature)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of 'Parties in
Interest'l which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning office
O`NORiN,
BAREN H.P. NELSON o Town of 120 Tait, SLr e1. [)l`
Dircctor
BUILDING
NORTH ANDOVER t�os� h5z f, �:>
CONSERVATION ss°" DIVISION DA
HEALTH
PLANNI
NG PLANNING & COMMUNITY DEVELOPMENT
August 16, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Special Permit - PRD
Jerad Place Phase III
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on May
17 , 1994 , in the Senior Center behind the Town Building, upon the
application of Robert Janusz , 40 Sunset Rock Road, Andover, MA. ,
who was requesting a special permit under Section 8 . 5 (Planned
Residential Development) of the North Andover Zoning Bylaw. The
legal notice was duly advertised in the North Andover Citizen on
April 25, 1994 and May 5, 1994 and all parties of interest were
properly notified. The following Board members were present:
Richard Nardella, Chairman, Richard Rowen Clerk, John Daghlian and
John Simons.
The petitioner was requesting a special permit for the
construction of 8 single family homes under the requirements of a
Planned Residential Development.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Thomas Neve was present representing Mr. Robert Janusz .
He gave the Board the following information:
Phase III of developing Mr. Janusz ' land
reviewed property under conventional zoning which is
partially R-2 and with the majority in R-1
road exit from Candlestick and extend approximately 900
ft. of roadway
all lots but one serviced by subdivision road, all have
required acreage, CBA, frontage and have passed Board of
Health septic tests
Ms. Colwell to check date of endorsement of Jerad II plan. .
Page 2 :
Jerad III
PRD Plan:
minimum of 25, 00 sq. ft. allowed, all lots are greater
than 40, 000 sq. ft.
50 ft. buffer zone line shown on plans
wetland line shown on plans
50 ft. no construction zone
25 ft. not cut zone
no variances required
waiver of roadway length is the only subdivision waiver
requested
35% open space required in a PRD
creates greenbelt along Forest Street and keeps open
water wetland available as open space
nearest house to Forest Street will be 300 ft. away
roadway is the same length in both conventional and PRD
plan
Mr. Nardella stated that the Board previously reviewed this
under a request for a determination of the zoning. The Board
requested that Mr. Neve go through the calculation of lots under
the conventional subdivision. Three 1 acre lots in Jerad II are
reconfigured. One 1 acre lot remains in Jerad II on Sugarcane
Lane, two 1 acre lots become part of Jerad Place III .
The conventional plan has two 1 acre lots and six 2 acre lots.
The detention ponds designed to mitigate run-off,
retain/detain water - stormwater mitigation and to "clean" water
before it is released to protect watersheds. The ponds will hold
a 12 hour volume of water.
Mr. Daghlian asked how close will the houses be? The
response:
3 , 200 sq. ft. footprints shown
Lot 1 & 2 Lot 2 & 3 Lot 3 & 4
80 ft. 100 ft. 60 ft.
Mr. Rowen stated that the extension of Sugarcane Lane used
leaching pits in the island to avoid detention/retention ponds. He
questioned whether this was possible for the Jerad III island.
Mr. Neve stated that 250 ft. of road drains to the cul-de-sac
without any basins, water will run in a swale along lot lines to
wetlands.
Page 3 :
Jerad III
Mr. Nardella - catch basins at end of road draining into cul-
de-sac.
Issues of sidewalks was discussed.
Mr. Neve said possible use of sidewalk money to tie water-line
into Forest Street.
Mr. Nardella had questions of site distance on Candlestick.
Mr. Neve stated that there is a 30 ' pavement radius at entrance to
Candlestick.
Mr. Nardella asked that discussions continue to June 7
meeting, to discuss drainage, sidewalks, roadway width, island
width.
Mr. Peter Besson, Candlestick Road, questioned how many
lots/new houses will be created that access Candlestick.
Mr. Neve replied:
8 as part of Jerad II
2 on Sugarcane Lane - existing lots
7 as part of Seven Oaks
17 lots
Mr. Besson asked if economics taken into consideration and
marketability.
Mr. Nardella replied "no, marketability is not something that
the Board has the power to review. " The developer must show a
buildable subdivision. A PRD creates protected open space and
creates 50 ft. no build buffer zone.
Mr. Neve will calculate additional area of open space
protected by 50 ft. buffer zone.
Ms. Ann Perry, Sugarcane Lane, asked if any filling on lots .
Mr. Neve replied, no filling of wetlands but the site will be
graded for the house sites and septic systems.
Mr. George Perna, D. P.W. Director, asked that the limit of
clearing be shown.
Mr. Neve stated that there was a continuous barrier of erosion
control shown on the plan.
Elizabeth Williams, Candlestick, asked what is the distance
between hones in the conventional plan. Mr. Neve replied that
homes are a similar distance apart in both conventional and PRD Plan.
Page 4 :
Jerad III
Ms. Williams stated that houses would be large for lots. Mr.
Neve told her footprints are large to give developer flexibility.
Mr. Janusz intends to put same covenants on Phase II and as
Phase III .
Mr. Scott Williams, Candlestick Road, concerned about wetland
line.
Mr. Sam Gagliano, Candlestick Road, stated that the
intersections of Forest and Boxford Streets have become dangerous,
concerned about site distance.
Jerry Peterson, Candlestick Road, also had concerns about
traffic.
Ms. Amy Lyons asked why wasn't Lot 11 included in the
subdivision. Mr. Neve stated that topography of area does not
allow for access across wetland to that lot through the
subdivision.
Carolyn Dudman, Sugarcane Lane, asked if the drainage will
effect wetlands. Mr. Neve stated that ponding areas store the
water to settle out particulates and regulate flow into the
wetlands, detention areas and catch basins cleaned out periodically
by D.P.W.
Ms. Dudman concerned about salt and sand. Mr. Perna stated
that salt and sand was cleaned out in catch basins.
Mr. David Sherman, Candlestick Road, asked if Candlestick Road
drainage be effected. Mr. Neve stated that no drainage from this
road will enter existing roadway.
Mr. Tony Campagne, Boxford Street, asked if any road
construction involved in existing streets. Mr. Neve stated that
none is currently planned however, water main in Forest Street may
be effected.
Mr. Perna stated that from now on with any off site
construction, a developer will have a paid full time person to
monitor construction.
Mr. John Leeman, Pine Ridge Road, asked if the 50 ft. buffer
zone is calculated as part of 35% open space. Mr. Neve stated it
is where it is part of the open space.
Mr. Leeman asked when were the wetlands flagged? Mr. Neve
replied, "last spring. "
Page 5:
Jerad III
Mr. Leeman asked if any oil or grease traps in catch basins?
Mr. Neve replied "yes. "
Ms. Williams asked what is the direct benefit to the Town of
the open space. Mr. Neve replied, to preserve forested area along
Forest Street.
Mr. Rowen read a memo to the Board from Richard Doucette,
Conservation Administrator, regarding PRD' s.
John Simons arrived at 9 : 40 p.m.
Mr. Michael Staff, Sugarcane Lane, asked if there would be
construction on both Seven Oaks and Jerad Place III at the same
time? Mr. Rowen said, probably, Seven Oaks is an approved
subdivision.
Mr. Besson asked how many extra lots could be added to
Candlestick Road.
Ms. Elise Pouliot, Boxford Street, asked where will Jerad IV
go? Mr. Neve replied, off Boxford Street.
Ms. Pouliot expressed concerns about the number of septic
systems in the area. Mr. Neve stated that they conform to Town
guidelines which are more stringent than State regulations.
Mr. Nardella stated that discussions would continue to the
June 7th meeting.
Mr. Simons to review all material and notes from discussions
that took place before his arrival .
On June 7 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, and John
Daghlian. John Simons arrived at 8 : 15 p.m.
Mr. Thomas Neve stated that D. P.W. has not yet reviewed the
drainage calculations.
Mr. Nardella concerned that when a lot in a 1 acre area is
taken out of that subdivision and put in a 2 acre subdivision that
the 1 acre lots should lose their protection.
The Planning Board requested that Town Counsel review issues
of grandfathering the lots under 1 acre.
There was a discussion of a contribution to be made to the
sidewalk fund.
Page 6:
Jerad III
The Board may require cape cod berm.
Mr. Nardella stated that if Ms. Colwell can draft conditions
by the next meeting, she will do so.
Mr. David Sherman, 315 Candlestick Road, stated that
Candlestick Road does not need sidewalks currently but may in the
future. What is the time frame.
Mr. Neve stated that the road will be built with a few homes
by the end of the year. There is a three year build out proposed.
Traffic of construction vehicles, stones will be placed at entrance
to the subdivision to knock off silt and sand from tires.
Mr. Robert Janusz, developer, has reviewed ability to use wood
road off of Forest Street for construction access.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to continue the public hearing to June 21, 1994 .
On June 21, 1994 the Planning Board held a regular meeting.
Due to the lack of a quorum, a meeting was scheduled for June 28 ,
1994 .
On June 28 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Mr. Robert Janusz was present and asked that the public
hearing be continued to July 5, 1994 .
On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board
voted to continue the public hearing to July 5, 1994 .
On July 5, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and John Daghlian.
Mr. Thomas Neve, of Thomas Neve Associates, told the Board
that he reworked the original conventional subdivision to create
additional 1/2 acre, took some land from the Form A lot, shortened
the road.
The Planning Board discussed access to all lots from legal
frontage. Lot 1 would require a special permit for access.
The Planning Board discussed the issue that lots from 1 acre
grandfathered subdivision are being changed and added to a 2 acre
subdivision.
Page 7 :
Jerad III
Ms. Colwell stated that Town Counsel stated that at some point
when lots are changed to such an extent that they no longer
"relate" to the original subdivision that they then lose any zoning
protection held by the original subdivision.
Mr. Mahoney questioned what effect would this have on Jerad
II .
Mr. Neve stated he was not changing anything regarding the
roadway in Jerad II . He ' s not changing any lot lines of people
currently owning the land. He is creating 1 acre lots under the
PRD which is the lot size of the existing Jerad II .
Mr. Nardella had questions about who would own the open space.
Discussion that portion of Form A lot could be placed under a
conservation restriction and a connection created with Seven Oaks
open space.
Ms. Colwell and Mr. Doucette to discuss ownership of open
space.
Ms. Colwell to confirm date Jerad II application filed and CBA
requirement.
Jerad II plan endorsed in October of 1986.
Mr. Neve stated that if one lot is lost, the deal will fall
through and Form A lots will be built along Forest Street.
Mr. Simons stated that protecting greenbelt along Forest
Street is laudable. The Planning Board has a creditability problem
with the PRD process, perceived as allowing more lots, need to look
closely at this.
Mr. Mahoney stated that the creditability problem is due to
the lack of education on the part of the public. He endorsed the
concept.
Mr. Daghlian would rather see a PRD than a Form A plan, major
wetland crossings would be involved with Form A' s.
Mr. Rowen asked what would happen if the Planning Board
determined that 8 lots are appropriate instead of 9 lots.
Mr. Neve replied that the deal would fall through if he loses
one lot due to financial commitments.
Mr. Rowen stated that he can accept the concept after
reviewing the math of the acres.
Page 8:
Jerad III
Mr. Nardella stated that Counsel advised that when lots are
changed to such a point that they lose association, they lose their
grandfathering, it is discretionary with the Planning Board to
decide this.
Mr. Neve stated that he will need to redo the Form A lot with
a conservation restriction placed on the land.
Mr. Nardella stated that he supports this conventional plan.
Mr. Simons expressed concerns about conventional plan, needs
to think about it.
Mr. Neve stated that the drainage is in the cul-de-sac,
leaching catch basins at end of cul-de-sac with grading between
lots. Mr. Neve requested a sidewalk waiver. Mr. Neve stated that
he will construct $25, 000 worth of off-site improvements with the
watermain.
Mr. Nardella told Mr. Neve that sprinklers will be required.
Mr. Neve asked the Planning Board to consider waiving sidewalk
requirement in lieu of off-site improvements. (550 ' of watermain
on Forest Street) .
Mr. Nardella stated that sidewalks where not an issue of
discussion.
Ms. Colwell questioned the house designs.
Mr. Neve told her he will be keeping with existing homes.
[KBC add to decision that homes should be in keeping with existing
homes. ]
Mr. Nardella stated that sidewalks are to be constructed or
donate to fund.
lamp post at end of driveways
houses will be sprinklered
curbing will be required
limit roadway pavement to 241 .
Mr. Neve told Mr. Nardella that the road is basically flat,
curb not needed.
Mr. Nardella stated that cape cod berm along both sides of the
road will be required.
Page 9 :
Jerad III
Mr. Neve told Mr. Nardella that you need a 26 ' binder with
berms.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing on both the subdivision and the
special permit for a PRD.
Staff to draft decision for July 19 , 1994 meeting.
On July 19 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Ms. Colwell went through draft decision highlighting important
conditions.
The Planning Board does not feel comfortable issuing decision
tonight, wants to review decision in more detail .
Ms. Colwell reminded the Planning Board that they were given
the decision to review over the weekend.
Mr. Nardella wants cape cod berm throughout the entire
subdivision.
The Planning Board will discuss and render a decision at the
next meeting.
Mr. Nardella stated that an issue of ownership of the land has
arisen. Both Mr. Robert Janusz and Mr. James Grifoni claim
ownership of the property.
Mr. Janusz stated he expect decision from the court on the
property on August 11, 1994 .
Ms. Colwell to discuss with Town Counsel implications of
dispute.
On August 2 , 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian
and Alison Lescarbeau, Associate Member.
The Board reviewed the draft decision.
Condition #8e - 12 inch water main - would like it to be a
town project with Mr. Janusz contribution of X$ ' s/ft.
Page 10:
Jerad III
Condition #15 - granite curbing to be changed to "sloped"
granite curbing.
Condition #16 - See wording
Condition #18 fill in $ amount - Add include endorsement
requirement within 90 days.
Intro. change acreage
14 . 72
2 . 47
verify that Form A acreage is removed
And to reword - The Planning Board notes that granting this
PRD Conditions
1c - KBC to review
ld - $10, 000 site opening
On a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board
voted to approve the decision as amended on the definitive
subdivision for Jerad Place Phase III.
[NOTE: Alison Lescarbeau is a voting member on Special Permits]
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board
voted to approve the Special Permit for a PRD on Jerad Place Phase
III as amended.
Attached are those conditions.
Sincerely,
Planning Board
Richard A. Nardella, Chairman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Jared Place - Phase III
Special Permit Conditional Approval
Planned Residential Development
The Planning Board herein approves a nine (9) lot Definitive
Subdivision containing eight (8) new house lots and one lot of
dedicated open space known as Jared Place - Phase III . The
application was
submitted by Robert Janusz, 40 Sunset Rock Road, ANdover, MA
01810, dated April 21, 1994 . The area affected contains
approximately 14 . 73 acres in a Residential - 1 Zone off of
Candlestick Road. Of the 14 . 72 acres, 2 . 07 acres are protected
as 1 acre lots under a zoning freeze.
The Planning Board makes the following findings as required by
the Zoning Bylaw Sections 10 . 3 , and 10. 31:
A. The specific site is an appropriate location for a Planned
Residential Development as it is an extension of an existing
one acre subdivision.
B. The use as developed will not adversely affect the
neighborhood as this site is located in a Residential-1 Zone
and is an extension of an existing neighborhood.
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 PRD 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 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;
B. Encourage the preservation of open space. The applicant has
provided 35% of the property (5 . 21 acres) as Open Space;
C. Permit greater flexibility and more attractive and efficient
1
design of residential development;
D. Meet the Town' s housing needs by promoting a diversity of
housing types.
The Planning Board also finds that a base density of 8 house lots
is appropriate for the PRD. This number of lots has been
determined from a Preliminary Conventional Subdivision Plan
provided to the Planning Board which satisfies the Town' s
requirements for submission of such a plan. This Preliminary Plan
is described as follows:
Conventional Subdivision
Scale: 1" = 50 '
Revised 20 Jun 94
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. 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 limit of work line incorporating the fifty foot
buffer zone and the wetland limit of work zones must be
shown on the plans.
" The homes on Lots 2 and 12 must be at least ten feet
away from the 50 foot buffer zone.
c An easement allowing the existing driveway from Forest
Street to cross the property must be submitted to the
Planning Office. The easement document must place
restrictions limiting any further expansion of the
driveway as it is located in the 50 foot buffer zone
area.
d. The applicant shall post (per agreement with the North
Andover Planning Board) a Performance Guarantee (Site
Opening Bond) in the amount 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. 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 (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,
2
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.
e The designated open space parcel shall be donated to
1� the Town through the Conservation Commission. 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 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 and the
property must be conveyed prior to acceptance of the
road by the Town.
ff Deeds conveying individual lots must contain a
restriction reflecting the 50 foot not-cut requirement
shown on the PRD plans. A sample deed must be reviewed
by the Planning Staff prior to endorsement of the
plans.
t
(2 . Prior to Construction, Yellow "Hazard" tape must be placed
' along the no-cut line on as shown on the approved plans and
must be confirmed by the Tree 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 releasing individual lots from the statutory
covenants the applicant must comply with all conditions
found in the Jared Place III Definitive Subdivision Approval
incorporated as a part of this decision.
4 . The applicant must comply with the Phased Development Bylaw,
Section 4 (2) of the Town of North Andover Zoning Bylaw.
5,. Prior to FORM U verification for an individual lot, house
designs must be submitted to the Planning Staff for review.
The House designs must be similar in design to the existing
homes in the neighborhood.
6. Prior to a Certificate of Occupancy being requested for an
individual lot, the conditions outlined in the Jared Place-
Phase III Definitive Subdivision Conditional Approval must
be followed.
7 . Prior to the final release of security, the conditions
outlined in the Jared Place - Phase III Definitive
Subdivision Conditional Approval must be followed.
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8 . 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.
9 . Pedestrian access will be provided to the open space area as
delineated by the Town Staff.
10. 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.
11. This special permit approval shall be deemed to have lapsed
after August 16, 1994 (two years from the date permit
granted) unless substantial construction of roadway and
utilities has commenced. Substantial construction shall be
solely determined by a majority vote of the North Andover
Planning Board.
12 . 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.
13 . 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. Plans entitled: Planned Residential Development
Jared Place - Phase III
Designed for: Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
Designed by: Thomas E. Neve Associates, Inc.
447 Old Boston Road
US Route 1
Topsfield, MA 01983
Dated: 4/22/94 , rev. 8/1/94
Sheets: 1 through 5
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
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Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
JaredIII .PRD
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