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HomeMy WebLinkAbout1995-10-23 Recorded Decision DEF SUB PRD Jared Place IV i 4464 PG .�t"sue!8 P�A�f11�G 80 �fl0 JOYCEtHAC AW TOWN CLF(,K Any appeal shall be fileqo w N OF NORTH AN D O V 4II*TH ANQ0VER within (20) days after the MASSACHL' SETTSOCT Z4 Z UG PV 'S5 date of filing of this Notice 3?0.."0�'" L in the Office of the Town p ,A True Copq Clerk. 'SSACHUSE` Town Clerk �vR NOTICE OF DECISION 3 to c a;ifs that V.%nty(^G)days t vie elapsed from data of decision filed without filing of an aappppeeal. Date, , October. 23; 1995. , . . . . . Date i r,Lf P1�Xi/2 Joyce A.Brsdsttaw May 16,June 6, 20 O TownC*k Date of Hearing July.18, .Aug.11 •15 0 Sept 5, 19 N Oct 3, 17, 1995 PetitionOf .Robert.J:.Janusz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected , are, land, numbered. 330.Boxford Sti ,Ma8,�45Cs .Pdxcels .10, .14 & 15 Referring to the above petition for a special permit from the requirements of the , North.Andover_Zoning .Bylaw,- .Section .8.5 (Planned ,Aes.i,dg4t~i�aj. RexeLapment) 8(axRRx x � 3�3d so,as,to,allow,a.19,lot.PRD known.as Jerad ,P j4GP, .Phase .IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C: After a public hearing given on the above date, the Planning Board voted CONDITIONALLY t0 .appzovE. . . . . . . .the . . .SPEGIAL •PEEiMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � C ?K based upon the following conditions : � CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner a Health Sanitarian Signed ai Assessors Police Chief JoseHh. V.. Mahoney;. Chairman . , Fire Chief. Ell . . . Applicant Richard, Rowen:, Vice Chairman, , , , Engineer File Alison. Lescarbeau, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties J�Nvrz Richard Nardella . . . . . . . . . . . . . . . . . . . . . . . . /r1/� /�I�' John.Simons. . . . . . . . . . . . . . 'plannin. g � B oarcl s r Jerad Place Phase IV special Permit - Planned Residential Development Conditional Approval The Planning Board herein APPROVES the Special Permit for a nineteen (19) lot Planned Residential Development (PRD) known as Jerad Place Phase IV. This application was submitted by Robert J. Janusz, 40 Sunset Rock Road, Andover, MA 01810 on March 31, 1995. The area affected contains approximately 46.3 acres in a Residential - 1 Zone off of Boxford Street. 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. The Planned Residential Development allows for the development of the site while preserving the majority of the land. for open space. B. The use as developed will not adversely affect the neighborhood as this site is located in a Residential-1 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 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 approximately 22 acres of the property as Open Space, with approximately 42 acres of additional land being donated to the Town; C. Permit greater flexibility and more attractive and efficient design of residential development; 1 B �:: PG D. Meet the Town's housing needs by promoting a diversity of housing types. The Planning Board finds that a base density of 19 house lots is appropriate for the Planned Residential Development. 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: Plan titled: R-1 (Conventional Lotting Scheme) Planned Residential Development Modification of a Definitive Subdivision Plan of Lot 29 - Jerad Place Phase II Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Scale: 1" = 100 , Date: 18 Aug 95 Designed by: Thomas E. Neve Associates, Inc. 447 old Boston Road/US Route 1 Topsfield, MA 01983 Sheets: 1 through 2 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 monthly with the Town Planner and file monthly written reports to the Board containing construction updates and any areas of non-compliance 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 2 B K 4 46 4 u�ltG 319 Andover Planning Board) a site opening Bond in the amo ($10,000) dollars to be held by the Town of ten thousand form of of North Andover. The Guarantee shall be in the a check made payable to the Town of North Andover crow account. This amount shall cover any contingenciesesthat e public welfare such as site--opening, might affect th of any other condition clearing, and performance contained herein, prior to the posting of the Performance condition 3 (d) of the Definitive Security as described in 1. This Performance Subdivision Conditional Approva Board be Guarantee may at the discretion of the Planning considerations, be cover other bonding cov rolled over to or par inc released in full, partially retained of the Planning Staf f and as with the r ecommendation h Andover Planning Board. directed by the vote of the North an erosion control bond in the b. The applicant shall Post d ($20,000) dollars in the form amount of twenty thousand of North account Andover to be of- a check made out to the Town . This placed in an interest bearing escrow amount will be held by the Town of North Andover for the duration of the project, until the street has been accepted by the Town.C. Parcel A (4 2 acres) and open Space (22 . 05 acres) as shown must to be donated to the Town through the on the plan mu prior to the acceptance f Conservation Commiss'OrI roadway at Town Meeting as stated in Condition 6 (e) the Definitive Subdivision Approval. Documents conveyin -- the designated open space parcel to the Town must be submitted to the planning Department for review and approval. individual lots must contain a d. Deeds conveying i nd ement restriction reflecting the 50 foot no-cut requir shown on the PRD plans. A sample deed must be reviewed and approved by the Planning Staff. 4 . Prior to Construction: must be placed along the no-cut line a* Yellow "Hazard" tape 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. as shown on the plan Must aures b. All erosion control meedsby the Planning Department be in place and rev 5. Prior to releasing individual lots from the statutory covenants, the conditions outlined in Condition 3 of the Jared 3 IV Definitive Subdivision Conditional Approval must be followed. 6. The applicant must comply with the Phased Development Bylaw, Section 4 (2) of the Town of North Andover Zoning Bylaw. 7 . Prior to FORM U verification for an individual lot: a. The Planning Board approves the sample house designs as presented by Miquelle MZO Group showing three (3) house types. tificate of g . Prior to Planning Board verification ed in of Condit on 5rof the Jared Occupancy, the conditions outlined Conditional Approval must be IV Definitive Subdivision followed. g . Prior to the final release security, Subdivision the conditins outlined in Condition 6 of the Jared IV Definitive Conditional Approval must be followed: a. The roadway and gravel parking area must be constructed as shown on the plan and as reviewed and approved by Planning Department and Division of Public Works. b. The tot lot and parking area must be constructed and as shown on the plan and as reviewed and installed approved by the Planning Department. C. A walkway must be constructed, if feasible as Jared IV and Jared nII by the Planning Board, between across the wetland resource area if necessary. 10. The applicant shall adhere to the following requirements of the Fire Department: a.' All structures shall contain residential fire sprinkler n of which will be approved by the Fire systems the desig Department. b. Smoke alarms must be installed. ect 11. Tree cutting shall be kept minimumto a the natura throughoutf features 7 the to minimize erosion and preserve 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. 1.2 . The following disturbance of the fifty foot (50 a ) buffer zone is approved by the Planning Board: a. Construction of the roadway at the entrance adjacent to 4 lot 19 . b. Construction of the walkway between Jared IV and Jared II. No other disturbance in the fifty foot buffer zone will be allowed. 13 . This special permit approval shall be deemed to have lapsed on D�-�dbG1'oT4 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 14 . 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. 15 . 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: Planned Residential Development of "Jerad Place - Phase IV" Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Scale: as noted Date: 9/1/95 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road/US Route 1 Topsfield, MA 01983 Sheets: 1 through 10 b. Plan titled: R-1 (Conventional Lotting Scheme) Planned Residential Development Modification of a Definitive Subdivision Plan of Lot 29 - Jerad Place Phase II Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Scale: 1" = 100, Date: 18 Aug 95 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road/US Route 1 Topsfield, MA 01983 Sheets: 1 through 2 C. Hydrologic Analysis of A Planned Residential Development "Jerad Place - Phase IV" ; September 5, 1995; Thomas E. Neve Associates, Inc. , 447 Old Boston Road, US Route #1, Topsfield, MA 01983 . 5 • ���•°, ��• •tom o� P ra .. d. Engineering review comments by Coler and Colantonio Inc. , dated 5/16/95, 6/16/95, 9/15/95. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Jared4 .prd 6 � : 'A G 30 Jerad Place Phase IV Definitive subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision Approval for a nineteen (19) lot subdivision known as Jerad Place Phase IV. This application was submitted by Robert J. Janusz, 40 Sunset Rock Road, Andover, MA 01810 on March 31, 1995. The area affected contains approximately fifty (50) acres in a Residential-1 and Residential-2 Zone off of Boxford Street. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated 9/1/95 includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: Revised plans must be reviewed and approved by the / outside drainage consultant. --b5. The street name must be reviewed and approved by the E911 Coordinator. 'lam'• The FEMA line must be added to the plan. d. A final no-cut line that includes both the 50 ' buffer zone and the 25 ' No-Cut Zone, whichever line is the outermost line for tree cutting purposes. e./ The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board's decision. 1 Bea.. 4464 PG 01 L,;� A detailed construction schedule must be submitted as part of the plans. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 3 (d) . Executed right of way dedication easements for the proposed roadway shall be provided to the Planning office at the applicant's expense. i. z The applicant must submit to the Town Planner a FORM M I/ for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. J j .'Z All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1(f) . lk. All application fees must be paid in full and verified by the Town Planner. A full set of final plans reflecting the changes outlined V above, must be submitted to the Town Planner for review and subsequently endorsed by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk. m. The Special Permit and Subdivision Decision for this project must appear on the mylars. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: �ia. The approved plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. All erosion control measures must be in place and reviewed by the Town Planner. 2 3. Prior to any lots being released from the statutory covenants: a. A complete set of signed plans, a copy of the Planning Board decision, and a copy of the Conservation Commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permits for connections to utilities. The subdivision construction and installation shall in all respects conform to the rules and regulations and specifications of the Division of Public Works. b. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. C. The applicant must submit a lot release FORM J to the Planning Board for signature. d. A Performance Security (Roadway Bond) in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii.final site cleanup e. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. 4 . Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a. The Board of Health has made the following determination: i. Lots 2, 3 , 4, 5, 6, 7, 8, 9, 10, 11, 12 , 13, and 15 all appear to be acceptable for septic system designs at this time. 3 A 4464 PG 03 ffi ii. Lots 1, 14, 16, 17, 18, and 19 need additional testing prior to issuance of a building permit: (1) Lot 1 may not have sufficient parent material over the entire area for proposed leaching. (2) Lot 14 and 1�6 need additional testing. (3) Lots 17 and 18 have no percolation tests logged and have one and two deep holes respectively, that are not acceptable due to ledge. These lots may never be acceptable due to the amount of ledge found on site. (4) Lot 19 has only one deep observation hole and one percolation test at one end of the proposed system with no record of additional testing in the area. b. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition above, was filed with the Registry of Deeds office. C. A plot plan for the lot in question must be submitted, which includes all of the following: i. location of the structure, ii. location of the driveways, iii. location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a NACC order of condition, vi. any grading called for on the lot, vii. all required zoning setbacks, viii. location of any drainage, utility and other easements. d. All appropriate erosion control measures for the lot shall be in place. Final determination of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. f. The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. The Town Planner shall verify this information. g. Lot numbers, visible from the roadways must be posted on all lots. 5. Prior to a Certificate of Occupancy being requested for an 4 UK 4464 FU -,04 1 in7 di, id lot, the following shall be required: Ca. 1 , stop sign must be placed at the entrance to Boxford Street. b. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. C. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation commission. d. Permanent house numbers must be posted on dwellings and be visible from the road. e. All slopes on the lot in question shall be stabilized, as solely determined by the Planning Department in regards to erosion, water run off, and safety. f. The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not permit seeding or sodding. 9. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. h. The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a. The Planning Board will, by a majority, vote to release any security retained. b. The Open Space Parcel must be transferred to the Town through the Conservation Commission. 5 ` e 1p.^ y��9,��,", � i ':�'off{�' c. A donation equal to the fair market value of a sidewalk constructed along one side of the roadway shall be given to the Town of North Andover's Sidewalk Fund. d. An as-built plan and profile of the site' shall be submitted for review and approval. e. The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such- petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. f. The Town Planner shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and .that construction was in strict compliance with all approved plans and conditions. 7 . The following requirements of the Division of Public Works must be adhered to: a. The subdivision must be connected to the municipal water distribution system at its current terminus on Boxford Street at Candlestick Road. The water main shall be 12 inch cement lined ductile iron pipe installed in the southerly shoulder of Boxford Street. The installation shall include five 12" gate valves. Hydrants shall be installed approximately every 500 feet. Water services shall be extended to the property line for all existing houses and lots on Boxford Street. b. A hydrant should be installed at the end of the proposed subdivision water main at approximately station 16=60. The proposed 8" valve and 1" blow off may be eliminated. C. The 12" drainage piping identified as reaches 9, 12 , & 16 should be installed 5 feet left of centerline. d. Permits for utilities and roadway extensions will not be granted until a set of approved plans, and copies of the decisions of both the Planning Board and Conservation Commission are on file at the Division of Public Works. 8 . The sewer extension for the subdivision will be subject to the policies of the Division of Public Works regarding the 6 mitigation of groundwater infiltration into the existing sewers. 9 . The Town Planner will review any signs utilized for this project. One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the subdivision roadway is accepted by the Town. 10. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 11. There shall be no burying or dumping of construction material on site. 12. Stump dumps are not allowed. 13 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14 . Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 15. Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 16. The following waivers have been granted by the Planning Board: a. Section 7 (A) (4) (a) Dead end streets: The length of a dead end street should not be longer than 800 feet in an R-1 District. The proposed roadway is 1,275. 53 feet in length. This waiver is granted because a through street is not feasible due to the presence of wetlands on site. This development is on an island of upland. The long roadway also provides access to the Open Space. b. Section 7 (D) Sidewalks: This waiver is granted because this street will never become a through street and Boxford Street, the adjacent street, does not and is not likely to have sidewalks. In lieu of constructing the sidewalks, a donation equal to the fair market value of a sidewalk constructed along one side of the roadway shall be given to the Town of North Andover's Sidewalk Fund. These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. 17 . This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4 . 125, 10. 3 and 10. 31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following information: a. Plan titled: Planned Residential Development of "Jerad Place - Phase IV" Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Scale: as noted Date: 9/1/95 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road/US Route 1 Topsfield, MA 01983 Sheets: 1 through 10 b. Plan titled: R-1 (Conventional Lotting Scheme) Planned Residential Development Modification of a Definitive Subdivision Plan of Lot 29 - Jerad Place Phase II Designed for: Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 Scale: 1" = 100 ' Date: 18 Aug 95 Designed by: Thomas E. Neve Associates, Inc. 447 Old Boston Road/US Route 1 Topsfield, MA 01983 Sheets: 1 through 2 C. Hydrologic Analysis of A Planned Residential Development "Jerad Place - Phase IV" ; September 5, 1995; Thomas E. Neve Associates, Inc. , 447 Old Boston Road, US Route #1, Topsfield, MA 01983 . d. Engineering review comments by Coler and Colantonio Inc. , dated 5/16/95, 6/16/95, 9/15/95. CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief 8 r Fire Chief Assessor Applicant Engineer File JeradIV.sub 9