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HomeMy WebLinkAbout1995-10-23 Application PRD Special Permit I I TOWN OF HOPTIT ANDOVER T04';` MA.SSACHUSE'T` S PLANNING APPLICATION FOR SP=IA.0 PERMIT NOTICE,— This application rust be typewritten 40 Sunset'..Rock Road Applicant; Rnb .rt j, jall s_? AddreSS: Andov r MA 01_810__ 1. _, pnlication iz hereby made (a) For a Special Permit under Section 8 . 5 , Paragraph 2�_ of the Zoning Bylaw. 2 . (a) premises affe .ed are land x and buildings numbered &0 ® �� Street-Map 105C, Parcels 10,14&15 (b) Premises affe`oted are property with frontage on the North _ South x East West side ref Boxford Road- Street, known as No. Street. (c) Premises affected are in Zoning District Rl _; an-1 the premises affected have an area of 96 .02 acres and frontage Of „ 376 . +/- feet. 3 . ownership: (a) Nate and Address of owner (i joint ownership, give all names) : Robert J . Janusz & Land of Flintlock Inc. Date of purchase1.98.4 .& . 19" Previous owners zelest_ &. Kittredg (b) If applicant is not owner, check his interest in the premises: Prospective purchaser _ Leasee X other (explain) Mr . Janusz has Flintlock, Inc. property under agreement h . Size of proposed building; n/a front: feet deep Height: stories: fe:et.. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 5. Size of Existing Building: n/a feet front: feet deed; Height: stories felt. (a) Approximate date of erection (b) Occupancy or use (of each floor) 5. Has there been a previous application for a Special Permit from the Planning Board on these premises? If so, when 7. Description of purpose for which Special. Permit is sought on this petition: To propose a 28-lot Planned Residential Development 2102 294-297 8. Deed recorded in the Registry of Deeds in Book 3893 Page 253 or Lazed Court Certificate No. Book Page _. 9 . The principal points upon which I base may application are as follows: (must be stated in detail) . Our principle point is the PRD conforms to th_e_purpose of the b�aw as explained in Section 8 . 5, Paragraph 1 . agree to pay for advert isin n news stage apex" d po fee for mailing legal notices to 'Par I . t' (Petitioner' s Sig t ) 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" 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 tag[ list, notwithstanding that the land of such owner is located in another city or torn, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS See attached list Add additional sheets if necessary Any question should be directed to the planning office FORM E CERTIFIED LIST OF ABUTTERS March 21 1995 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVERi The undersigned , being an applicant for approval of a Definitive Plan of a proposed subdivision entitled Jerad Place Phase IV submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in- cluding owners of land separated from the bdivision only b a street . i gnat ure o Appl i cant Robert Janusz 40 Sunset Rock Road Address Andover , MA 01810 19 _ TO THE PLANNING BOARD OF THE T0WN OF NORTH ANDOVER: This is to certify that at the time of the last assessment for taxation trade by the Town of North Andover, the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written , except as follows ! Assessor LIST Of PARTIES OF 'INTEREST SUBJECT PROPERTY — ^,�,P IP;rcE, ILOT INANiE IADOEESS _ I II 10 I 1 I IFlintlo k Inc . ?O aox 531 North Andoverr 40 Sunset- Rock Road, Andover lOSC 14 & 15 Robert Janusz FNj p IFARCE_ !LOT INAM" ADDRESS — — enry Romwe , r. Ic/o ax ice, Main treet 0 over, r in o erts, c o ax ice, 2 ain treet 0 Uover, MA 01845 � � I George ran am c o ax ice, Main treet � I 0 over, amKittre ge, r. c o ax ice, MainFStreet Oster c o ax ice, a i ( 0 over, 018 r in o erts co ax ice, 1 0 Main Street I I 0 over, I o f co ax ffice, 120 Mam treet I I 0 dover, I I o ert anusz unset Kockoa cl over, ze est ratt, . er emis ox ian ge antocoo29 r au risco 0 or treet I Q over, � au atricia nsco 0 or treet 0 over, avi re ar en ge oa 0 over, � o n omeau o or treet I I 0 over, � o ert sie ou lot ox or treet 0 over, a s r arty omas o or treet 05Cy 0 over, j I i o or treet onovan ami y rust 0 over, „ ( a) I is ae onovan ox or treet ort11 over, I ur SEE c aster ort over, Duncan rive I I 5 4— I aro yn y in ox or tr l l I I I 'll )1845 o over, o ert e o e ox or treet o over, alter ' e ora A. Uangle tonec eave Road 0 over, 5 i c ar & Diane M. eming tonec eave Road ort over,MA 45 war Joan F. emitis t0nec eave Road ort h.An d over, ristop er & Laurie r y tonec eave oa ort over, atricia& Josephower, tonec eave oa with Andover, ar esLouis e e gu tonec eave Koad 0 over, o MA OTT4-5— ert Boyd 0 Bo or treet orth Andover, re ary ava aro o. Main Street Ando e en & Vincas Steponaitis 741 Uanton Avenue i ton, omas Brickus anton venue �ton, ar Caroline u man e Lane 0 over, MichaelLisa t ugarcane En 0 over, omas & JudithYoung 246 Candlestickoa Northover, Family Trust 7 Comanche Uircle i erica, MA 01821 artm& Janice zc ett an estic oa g over, eter Lana c o ie an estic oa orm Andover, rian L Eddy R I U Il,'andlestick Road 0 over, am erto ffaell 200 Candlestickoa N-6-rff 7EFover, onh & Victoria Schaefer T96-C-H-n-dl-estick Road orth Andover, ames & Ueraldine Hom an estick Road 0 over, ias & Debroahga o an estick oa o over, Eugenio Martinez Mora ise c ermg oa 0 over, MA 0184-5— ri t ea ty rust andlestick Road 0 over, ent arrere iono an estic oa o dover, ames isa ins ow ox or treet orth mdover, _5 is ae ronm u ie ar Box ford Street -5— orth Andover, o ert Janusz unset )I:!,:' oa over, 10� Willi m & (.athleen McManus- P79 BoxfordStreet Northover, o n LakFa K 3o ne anza 267 BoxfordStreet 0 over, Keithaura Goodwin Fso or treet Northover, —TO-6�---2-5T--IU-cl-ar-d-&-LTa-r—orl:Cogers-245 BoxfordStreet Northover, Jerry Kessler & Susan Anderson oxfordStreet Northover, —D-a-v-ld-&-To-a-n-LT-a-rTson-312 BoxfordStreet North over, FCT. Wayne & Barbara McNeil 304 Boxfordtreet Northover, Power c/o John Downing _20Turnpike oa Westboro, Kathleen Garon 15 Woodberry Lane Northover, a erine &Thomas Donovan 5000 Wheatridge Drive uquay Varma, NC 27526 orne ius Donovan 12 Trolley Car Lane Londonderry, onovan aron 00 Box or treet North over, MA 01845 asap ssociates, Inc. 66 Pine Street over, wren amine an esticRoad Northover, 106Ao ert anusz unset ocRoad over, Robert anusz 40 Sunset Rock Road Andover, —Mart 3. n M. Perry 3 1 Sugarcane Lane Mth Andover, is o as & Pa—pron A. Pinata ugarcane Lane 01845 Northover, MA —Thomas y B. Lyons ugarcane ane ort over, onJane C. PickrellCandlestick Road -Northover, ane car onneSugarcane Lane Northover, Michael isa Staff Sugarcane Lane orth Andover, MA 01845 Di Carol erp o 3 Everett Avenue me ester, spa e•. 'a ;s s i •n% t Town of North Andover E NORTH OFFICE OF 3?o�`t ° •.,tioaL COMMUNITY DEVELOPMENT AND SERVICES ° .' A X 1 ti 146 Main Street ' KENNET'H R MAHONY North Andover, Massachusetts 01845 9SSACHUS�� Director (508) 688-9533 October 20, 1995 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - PRD - Jerad IV Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on May 16, 1995 in the Senior Center behind the Town Building, upon the application of Robert J. Janusz, 40 Sunset Rock Road, Andover, MA. , requesting a Special Permit under Section 8 .5 (Planned Residential Development) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on April 26 and May 3 , 1995 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau, John Simons. Kathleen Bradley Colwell, Town Planner, was also present. The petitioner was requesting a Special Permit to allow the construction of 28 single family dwellings (permission was given through the Special Permit process for 19 homes) . The site is located in the R-1 Zoning District off of Boxford Street. Mr. Rowen read the legal notice to open the public hearing. Tom Neve presented the subdivision plan. 96 acres of land to be divided. In order to make the PRD viable, the land mass must be reduced. Plans are to take out 65 acres and donate it to the town as open space. The main access to the open space will be left undeveloped. Will be building a road from Boxford Street 1700 ' feet long to service 28 lots. Plan to bring town water on site; will be on septic system. Only 5 lots left for septic testing. The road will be drained conventionally; reports are being studied by the outside consultant. No waivers will be needed for construction of roads or lots, won't be crossing wetlands. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell tK 4464 q��'_y. may. @.. Ms. Colwell stated that the proposed open space .area is very usable land, and there could be a graveled area for 4 or 5 cars to park. Mr. Rowen: what size are the lots? Mr. Janusz: .82 acre average size lot. .52 is the smallest size. Mr. Rowen: do all lots have required frontage and are there any pork chop lots? Mr. Neve: yes to the required frontage, and yes there are some pork chop lots (lots 7 and 14) . Mr. Simons: what style of homes do you plan to build? Mr. Neve: Schultz design homes with gable fronts. We have six styles in mind. We will provide the Board with house plans. Mr. Rowen: concerned about houses being stacked behind houses, maybe you could rotate homes on lots 4 and 8 to face each other. Mr. Simons: possibly too many lots for too small a space. Elsie Pouliot, Boxford Street: how much land will be given to the town? Mr. Neve: 65 acres of open space will be given to the town. Suggested this property as. part of the open space plan. David Carlson, Boxford Street: question regarding gas line being extended down Boxford Street. Mr. Neve: haven't spoken with gas company, but will look at it. Richard Rogers, 255 Boxford Street, questioned setback of houses from the' wetland? Mr. Neve: 180 feet from the wetland, 100 feet of wooded buffer will be preserved. Mr. Mahoney suggests a site walk at 8 : 00 a.m. on June 3 , 1995 . On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the public hearing will be continued until June 6, 1995. On June 6, 1995 the Planning Board held a regular meeting. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. Ms. Colwell stated that the drainage calculations are not ready yet. She will walk the site with the outside consultants on June 8th at 11: 00 a.m. Ms. Lescarbeau stated that she was confused regarding a piece of the land labeled "unbuildable. " Ms. Colwell stated that when form A lots were created on Boxford Street a piece was labeled "unbuildable" because it had no frontage. Mr. Nardella concerned about some recreation area. Ms. Lescarbeau stated that some sort of recreation area adjacent to lot 13/cul de sac area may be appropriate. Mr. Mahoney suggested something on a small scale such as a "tot lot" would be fine, but suggests to leave the rest alone. Mr. Rowen would not be in favor of a full scale ball field, but would be in favor of a small play area. Also, he would like to see access from Sugarcane in to the open space area. Mr. Nardella suggested that Bob Janusz look at what can be done in the open space area for recreation. Sidewalks are to be added to the plan. On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to continue the public hearing until June 20th. On June 20, 1995 the Planning Board held a regular meeting. The following members were present: Joseph Mahoney, Chairman, John Simons, Alberto Angles, Associate Member and Alison Lescarbeau, Clerk. Kathleen Bradley Colwell, Town Planner, was also present. Tom Neve was present representing the developer. Mr. Neve showed on a plan how the open space connects to the adjoining subdivisions. Discussion of where a "tot lot" could be located and who will maintain it. George Perna stated to Ms. Colwell that the Town will not maintain any tot lots, as there are playgrounds already in Town that need repairs and there is no funding for maintenance. Suggestion was made that maybe the neighborhood homeowners could maintain the lot if it was for their children' s exclusive use. John Simons doesn't think this is a good idea, afraid of precedent setting situation, wants a public playground. Ms. Colwell wondered whether or not the Selectmen want "tot lots" created in subdivisions. Discussion of need for playgrounds in general. Mr. Neve to provide the Planning Board with a plan for a tot lot. Tot lot equipment to be sized for the neighborhood, however, it is to be placed in an area that will allow for expansion in the future if the Town is able to maintain a larger play area for the general public. Mr. Neve stated that the drainage issues have not been worked out yet and suggested that if he had direct access to the outside consultant this situation could be resolved quickly. Ms. Colwell to speak to outside consultant about this. It was mentioned that there is a parcel of land near the proposed subdivision that is owned by three people that is landlocked. This parcel would have access thru the proposed subdivision/PRD if the special permit is granted. Ms. Colwell will check with assessors regarding this landlocked parcel to see if the taxes are being paid and who owns it. Discussion of access through lot 28 to Sugarcane Lane. Due to the amount of wetlands on the lot, access would be difficult. Ms. Colwell stated that she is awaiting a letter from the Health Department on. the septic systems. Mr. Simons asked about the house designs. Ms. Colwell stated that we don't have them yet. Elsie Pouliot, Boxford Street, asked if the water main will be coming up Boxford Street? Ms. Colwell to check with DPW regarding this. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to continue the public hearing. The Planning Board held a regular meeting on July 18 , 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella, Alison Lescarbeau and John Simons. Kathleen Bradley Colwell, Town Planner and Kenneth Mahony, Director of CDS were also present. Ms. Colwell gave the Board an overview of tot lot, parking lot, gravel pea stone driveway to open space, parking lot to open space. An easement will be provided within open space for homeowner' s association to maintain the tot lot. Mr. Rowen suggested pea stone for the tot lot. Mr. Neve said the plan was for sand with a depth of 12" to 18 . " Ms. Colwell summarized a letter from the Board of Health stating that lot 7 has a problem in that there is only a small area for the septic system and there is not 4 feet of suitable material over the entire area proposed for the primary leaching area. Lot 23 and 26 appear unsuitable for septic systems due to the presence of shallow ledge. BK 4464 PG 31 �1 Mr. Simons concerned about when to complete the tests, elimination of the 3 lots. Ms. Colwell: discussion of "inner lots" Mr. Nardella: if lot 7 cannot be constructed the lot lines should be reconfigured, especially with lot 4 . Possibly add a condition that if lot unbuildable within 5 years, then lot lines must merge with adjacent lots. Ms. Colwell: drainage issues, conservation issues. Tom Neve stated that he discussed the issues with Bill Hmurciak and the outside consultant, can satisfy these issues without holding up the process and can resolve any entrance issues. Condition that DPW and outside consultant review the drainage and resolve issues. Mr. Mahoney would prefer to get the issues resolved prior to making a decision. Mr. Nardella concerned about septic testing on the remaining lot. If lot 7 becomes unbuildable, can a road be put through? Mr. Neve: No, because of the wetlands. Consensus that all drainage issues will be resolved by August 1st meeting. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted to continue the discussion to August 1st. The Planning Board held a regular meeting on August 1, 1995. the following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk and Richard Nardella. Joseph Mahoney received a message on his home phone machine stating that things have changed in regards to Jerad Place IV. Thomas Neve Associates sent a letter via fax requesting an extension until September 19 , 1995. This letter was read by Joseph Mahoney at the meeting. Robert Janusz was present and was very surprised that the extension was for September 19, 1995 and not sometime in August. Jim Bourgeois was present from Neve Associates. Mr. Bourgeois stated that an extension was necessary because the applicant is concerned about the time frame and whether he can complete the project. A PG Mr. Nardella: You don't have to have the whole project completed. Mr. Bourgeois stated that the plan has changed and they are reducing the number of lots to 19 in the original PRD. Mr. Mahoney asked how different is the change? Mr. Bourgeois replied: Not radically different. Ms. Lescarbeau asked how many lots were there originally? Mr. Bourgeois: 29 lots. The PRD is the same, the lotting is more simplified. Mr. Rowen stated that the Health Agent had some concerns about 2 or 3 lots. Are they laid out to be buildable? Mr. Bourgeois replied "I couldn't answer that. " Applicant needs extension. On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to grant an extension. No decision rendered, applicant in writing asked for and was granted an extension. The North Andover Planning Board held a regular meeting on August 15, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella, John Simons and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner, was also present. Jim Bourgeois from Neve Associates was present. Revised conventional plan and new 19 lot plan was presented. There is some flexibility in the size of the lots. There is one frontage exception lot which sits well. We will abandon one piece because of ConCom. Bob Janusz stated that the road has been moved over, expects ConCom to be happy about that. Mr. Mahoney asked what about the Board of Health? Mr. Janusz said some testing already done, some left to do. Ms. Colwell to request a letter from the Board of Health. Ms. Colwell stated that all past discussions regarding tot lot, sidewalks and open space are the same. Mr. Nardella asked what side will the sidewalks be on? Mr. Bourgeois replied: it doesn't matter, we could do either. Ms. Colwell to be sure the sidewalks are shown on the plan. Continued until September 5, 1995. The North Andover Planning Board held a regular meeting on September 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. Jim Bourgeois was present to update the Board. Significant issues have been addressed. Lot 2 would be a frontage exception lot, open space and tot lot remain the same. Some land will be Form A'd out. Mr. Rowen stated, once again, that he wanted to see a connecting area between Sugarcane and the new road for children to use. Mr. Bourgeois stated that he will look into it. Mr. Rowen stated that he would like to have it formalized. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted to accept an extension until October 3 , 1995. The North Andover Planning Board held a regular meeting on September 19, 1995. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk and John Simons. Due to the lack of a quorum, the Planning Board was unable to continue the public hearing. The Board will continue the public hearing at the October 3 , 1995 meeting. Applicant requested, in writing, an extension until December 5, 1995. The North Andover Planning Board held a regular meeting on October 3 , 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. No discussion of this item was held. Continued until the October 17, 1995 meeting. The North Andover Planning Board held a regular meeting on October 17, 1995. The following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The Board agreed to set a site opening bond at $10, 000 and an erosion control bond at $20, 000. A walkway must be created, if possible, between Jerad IV and Jerad II. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the special permit as amended. Attached are those conditions. Sincerely, ` XA F V. oseph V. Mahoney, Chairman North Andover Planning Board