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HomeMy WebLinkAbout1995-01-17 Decision MOD PRD s r l' r RE ki AIR 'K M A S S A E T T S NORTH ANDOVER A N I 1 2 01 gg Any appeal shall be filed t: within (20) days after the r ,? A�tlp•� ��(. date of filing of this Notice -5^C"Us� in thr Iff ice of the Town Clem. NOTI CE OF DECISION ' January 17, 1995 Date. . . . ■ . • ■ ■ ■ ■ *Odt: a 4; `Odt: '18, Nov. 1, Nov 15, Dec 6, Date of Hearin g Erdcf.. 'Zo■,' '1-9'94',` Va'n 3, 199 5 Petition of ,Summer.Street Realty,Trust , , a a a , a , , , , ■ , , , , , • , , , , . ■ , . . . . . . . . . . . ■ Premises affected. „989 a 0 ■ Salem 0 0 0 * 0 ■Street o * 6 o a a ■ ■ 6 v 6 4 6 6 ■ • ■ . . . . . . . • . . . . . . . Referring to the above petition for a special permit from the requirements of the ■North .Andover ,2 onincj .BXlaw .: .Section 8.5 : •Planned ,Residerlta c1l ■DeV,ejQgment so as to g4M4 .a��4�•���.�����z�����x�.�� .IQ ..5 jr;gIQ .tamily..dwellings •on ■Property located at 989 Salem Street. After a public hearing given on the abo-�re date, the Planning Board -�Foted CONDITIONALLY to APPROVE , . ■ . . . . . .the . .SPECIAL ■PF�RN�� ■ . , . . . . . ■ . . . . . . . . . . . . . . . . . . . ■ . . . , . . . ■ based upon the following conditions : cc: Director of Public Works Signed Building Inspector Richard Nardella, Chairman Natural Resource/Land Use Planner • • • ■ • • ■ ■ • � • • ■ ■ • • • " " " " ' " " Health Sanitarian Joseph Mahoney -vice Chairman As s e s s or s ■ ► ■ ■ ■ ■ ■ a ■ R ■ ■ ■ • ■ ■ ■ • • ■ ■ ■ • • ■ ■ ■ . • , • Police Chief , Richard Rowen, Clerk Fire Chief ■ ■ ■ • ■ ■ ■ ■ ■ R ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ • ■ • . ■ • • • ■ Applicant John Simons Engineer • . ■ • ■ ■ • ► ■ A • . • ■ ■ ■ • ! • • R R ■ ■ ■ • • • ■ ■ • ■ File .interested Parties Alison■LeppjarJDP�LP. ■ ■ ■ . , . ■ . , . . . . • Planning Board 0 L � �NarH AREN H.P. NELSON '°, 120 Main Street, 01845 Torn of Director 4 P. (508) 682-6483 BUILDING ' ~` g NORTH AN-DOVER CONSERVATION sS''��"`'� DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 17 , 1995 Ms, Joyce Bradshaw, Town Clerk, 120 Main Street North Andover, MA 01.845 Re: Special Permit - PRD � Pinewood aka woodchuck drove Dear Ms, Bradshaw: The North Andover Planning Board held a public hearing on October 4 , 1994 in the Senior center behind the gown Building, upon the application of Summer Street Realty Trust, 733 Turnpike Street, Suite 311, North 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 September 14 and September 21, 1994 and all parties of interest were duly notified. The following members were present:.-Joseph Mahoney, Vice chairman, Richard Rowen, clerk, John Simons and Alison Lescarbeau. The petitioner was requesting a special permit to allow the construction of 16 single family dwellings on property located at 989 Salem Street. Mr. Rowen read the legal notice to open the public hearings. Mr. Steve Stapinski, Merrimack Engineering Services, reviewed the existing plan with the Board. . off of Salem Street original plan had lots of cuts and fills with retaining walls portions of the slope filled in 2/3 of site would have been disturbed . large detention pond which would have removed trees wetland area has expanded since plan originally designed 65 , 000 sq. ft, of wetland would be disturbed under original plan additional 20, 000 sq. ft. to be disturbed across the street for drainage looked at reducing the a grade in the road, eliminating retaining walls house on Lot 17 could not be constructed without a variance because in 50 ft. buffer zone n e y o C = t Page 2 : Pinewood Revised Plans town water and sewer roadway length extended from 925 f t. to 1, o 2 5 f t long road 3 5 a of site cleared all activities outside of wetlands but work in wetland buffer zones Lot 2 grading to accommodate side slope houses shown -- one actual house - foot prints some houses have garages under easier for a contractor to stabilize fill rather than cuts long treatment swales within detention ponds water discharges into brook under Salem Street sewer is in Salem Street already only work in Salem Street will be for the water-line minimum flat back yards of to ft. then 2% to 4 o for to ' then 2 a to 4 0 small retaining wall behind Lot 17 and Lot 16 from Salem Street to station 1+50 has been cut and is about 1 ' below final grade concern by Planning Board about erosion on the steep slopes with the amount of cuts and especially fills, area will be open without stabilization Discussion of erosion control. Mr. Simons asked if there was a change in the open space amount. Mr. Stapinski stated that there may be a slight increase. Ms. Colwell recommended that the Town take the open space because it is contiguous to Foxwood and State Forest. Mr. Simons would like to reduce the amount of grading on Lots 91 15 and 16. Mr. Laudani stated that the houses have been designed specifically for the site. Mr. Laudani will bring the designs in p �' at the next meeting. Mr. Simons asked if there was minimum frontage on all lots. Mr. Stapinski replied "yes" . Mr. Simons - review doing anything to eliminate steep slopes in terms of variances that may be required and discuss with Planning Board at next meeting. a• - ' a ti Page 3 : Pinewood Mr, Robert Halloran, 1049 Salem Street expressed concerns t drainage problems, his property is flooded currently when about there is a bigrain storm. Mr. Laudani would work with Mr. , , Halloran to review his drainage issues. oxford Street- expressed concerns about Elsie Paulet, 4�a B . p increased traffic on Salem Street and the 40 mph speed 1 irnit. Mr ' ons stated that if there is concern about the speed limit it Simons should be brought to the Selectmen' s attention. ` On a motion by Mr. Simons seconded by Mr. Rowen, the Board voted to continue the public hearing to October 18 , 199410 October 18 1994 the Planning Board held a regular meeting. �n r Richard Nardella, Chairman, The following members were presents Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Sohn Simons y and Alison Lescarbeau. Mr. Steve Stap inski, Merrimack Engineering, stated that he has with Mr. Hallaron (Eugene R. Badge property) an abutter to the met w prop project ect and discussed storm drainage and wooded buffer '� o between the development and his pr pert y. Mr. Mahone questioned who did the drainage calculations Mr. ' in Stapinski stated that Merrimack Engineering redid the calculations. [ � KBC to request D.P.W. comments on the subdivision] Mr. Perna expressed concerns about drainage, requested review by an outside consultant$ Mr, Na rdella asked if all of the original conditions will be adhered to. Mr. Simons stated that the Planning Board will be redrafting an entirely new decision for this project with today' s conditions. Mr. Na rdella stated that street lights were required in the original subdivision. Mr. Simons asked Mr, Stapinski to look at regrading of lots to limit cut s and fills. Mr. Stapinski reviewed slopes and does not advise any changes. Mr. Nardella questioned if there would be work. on Salem p Street. Mr. Stapinski stated yes, a minimal amount of pavement will be opened. Mr Nardella asked if there would be 'any additional homes from the n g y umber on inall approved. Mr. Stapinski replied, "no" . Page 4: Pinewood The Planning Board reviewed house designs. smaller homes than Foxwood >2 , 225sq. ft. some garages under homes set a few feet above street level homes similar to Phillips common Mr. Simons spoke on the drainage analysis, will need to have outside review of the drainage. Mrs Stapinski stated that he did a 100 year storm event and a flood analysis using 'DRAINCALC' and ITR551 . Mr. Nardella stated that staff should review all of the old conditions and include them in the new decision. Mr. Nardella asked if Foxwood would affect the site. Mr. Stapinski stated "no" , Foxwood was included in drainage calculations. Mr. Simons reiterated that the Planning Board will want outside review of the drainage. Mr. Stapinski stated that he would coordinate with the Conservation Commission as they may require review as well. Discussion of the steep slopes behind the homes. Mr. Stapinski stated that there was zero (0) increase in run- off* Mr. Rowen suggested that intermediate drains be placed on top of cuts on Lots 17 , 16 and 15 Mr. Stapinski stated that all driveways were at a 4% grade. Retention wall on Lot 13 - created a tiered front lawn -� 15 ft. height difference between Lots 14 and 13 , will need to catch drainage between lots. Discussion of dropping Lot 13 down a few feet and raising Lot 14 . Ms. Colwell to review old decision in depth and inform the Planning Board of specific items to be included in the decision. Discus sion of a connection to Foxwood. Steep slopes make a- connection impossible, no safety gain n to a connection unless a curb cut could be eliminated. d ' I [ Page 5: Pinewood Staff to organize with the applicant to review drainage calculations by an outside consultant. Mr. Halloran expressed the following concerns. about detention ponds and drainage agrees with preserving trees and wetlands concern that water will end up in his backyard instead of outlet under road c (two 1211 pipes in and one 1811 pipe out) ` Ms. Elsie Pouliot, Boxford Street, asked when construction would start. Mr. Stapinski stated that construction would begin in the spring. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning Board voted to continue the public hearing to November 1, 1994 . On November 1 1994 the Planning Board held a regular meeting, The following members were present: Richard Nardella, Chairman, Joseph Mahone vice Chairman, Richard Rowen, Clerk, John Simons P Y. and Alison Lescarbeau. The item- was not discussed. On November 15, 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. Ms. Colwell stated that previous extension expires on November 16th the Planning Board should extend for another ninety days to complete review of the modification. y on a motion b Mr.. Mahoney, seconded by Mr. Rowen, the Planning Board voted to extend the Woodchuck Grove Special Permit issued to Wi lmac Realty Trust on July 31, 1989 , modified on August 18 1992 and extended on June 28 , 1994 for the construction of 17 single family dwellings. The extension is granted to February 15, g Y 1995 , for ninety days. On November 151 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. Mr. Steve Stapinski, Merrimack Engineering Services and Mr. Thomas Laudani, developer were present* c 7 v • i 4 Page 6: Pinewood Ms. Colwell presented the Planning Board with conditions in the original subdivision. Mr. StaP inski would suggest that the cluster approach to opening lots as was done in Foxwood has worked, would recommend P g that Foxwood type restrictions be placed on the lots. Discussion of access to open. space, access to entrance to Salem Street is sufficient. Ms. Colwell to look at connections between open space in Foxwood and Pinewood, Keep existing trails in place. Mgg r. Rowen suggested that the elevations on Lot 14 be raised and Lot 13 be lowered. The Planning Board asks applicant to review Lots 13 and 14 , on a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Planning Board voted to continue the public hearing to December 61 1994 , On December 5 1994 the Planning Board held a regular meetings The following lowin members were present: Richard Nardella, Chairman, Jose h Mahone Vice Chairman, Richard Rowen, Clerk and John p yr Simons. The applicant requested a continuance until December 2 o, 1994 , On December 20, 1994 the Planning Board held a regular meeting, The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau. Ms. Colwell continued the discussions from the previous meetings outstanding issue was the drainage on the site. Had an outside consultant review the site* The applicant responded to the issues raised but there are still some outstanding issues. Recommend closing the public hearing on the condition that: 1. drainage issues to be resolved prior to endorsement, if a major revision is required then will have to come back to the Planning Board 2 . revise Lots 13 and 14 grading 3 , highlight existing trails on site and make sure they are kept open, re-route existing trails x S t 4 , Page 7 : Pinewood Mr. Rowen - french drain system in the yards to eliminate drainage issues should be put in. on a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Planning Board voted to close the public hearings and draft decision for January 3 , 1995, Bob Halloren questioned about .the drainage and the detention ands. Ms. Colwell stated that drainage issues have been resolved with a few minor changes to b p e made prior to endorsement of the plan. Suggested he talk to Bill Hmurciak with any further concerns. The Conservation Commission will also be reviewing the consultant' s comments. On January 3 , 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahone Vice Chairman, Richard Rowen, Clerk, John Simons p Yr and Alison Lescarbeau. Ms . Colwell---used Foxwood decision as a base, added in discussions and conditions from original decision Discussion of subdivision decision Discussion of Street trees Discussion of special permit Site opening bond $15 , 000 Erosion control $2 , 000 per lot, $16, 000 to be held for the duration of the project Add construction signs and stop signs to decision On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the PlanningBoard voted to approve the subdivision decision pending ng review of the decision by the chairman. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Planning Board voted to approve the special permit pending review of the derision by the chairman. Attached are those conditions. Sincerely, North Andover Planning Board r�Richard Nardel la., Chairman y ! 4 1 Attachment cc: Director of Public works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File ti Pinewood (Formerly Woodchuck Grove) Special Permit - Planned Residential Development Conditional Approval The Planning Board herein modifies the Special Permit granted to Walter and Isabelle Grady; Eugene P. Willis, Trustee, Wilmac Realty Trust on July 31, 1989 for a Planned Residential Development (PRD) , known as Pinewood (formerly woodchuck Grove) . This modification creates seventeen (17) lots and allows the construction of sixteen (16) new homes with the seventeenth home currently in existence. This modification was requested by Summer Street Realty Trust, 733 Turnpike Street, North Andover, MA 01845, on September 1, 1994 . The area affected contains approximately 22 acres in a Residential -- 2 Zone off of Salem Street. The Planning Board makes the following findings as required by Sections 10. 31 and 10. 31 of the Zoning Bylaw (1993) : A. The specific site is an appropriate location for a Planned Residential Development as it is located on a hill and the PRD plan m11 inimizes the amount of disturbance on the hillside. B. The u s e as developed will not adversely affect the neighborhood as this site is located in a Residential -2 Zone. 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, reducingthe 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 43 0 (419, 144 s. f. ) of the property as Open Space; 1 P c. P gr eater reater flexibilitY and more attractive and efficient design of residential development; D. Meet the Town' s housing needs by promoting a diversity of housing types. Finally, the Planning Board finds that the Planned Residential Y r Bylaw requirements so long as the Development compiles with Town u q applicant complies with the following conditions: 1P The ' develo er 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 p o official . The Environmental Monitor shall make weekly inspections of the project, meet as necessary with the Town Planner and file monthly written reports to the Board, detailing areas of non -compliance with the plans and conditions of approval. 2 . The developer shall implement and follow all requirements set forth in the Erosion and Siltation control Program, Pinewood Subdivision, North Andover, MA dated October 4, 1991. Failure to comply with all requirements therein and �.,/the conditions of this approval, shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning n Board based upon the developers verbal and written comments and the conditions contained herein.. 3 . It shall be the responsibility of the developer to assure that no erosion of the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public is 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. 4 . 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 must submit to the Planning Board for its review and/ nd approval detailed landscape plans of the roadway ,,' oadwa . trance to Salem Street and of the detention ponds. 2 J t r3„ The applicant shall post (per agreement with the North � pp p e Andover Planning Board) a Site opening Bond in th amount ❑f fifteen thousand dollars ($15, 000) 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 pasting of the Performance Security as described in condition 3 (g) of the Definitive Subdivision conditional Approval . This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other banding 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. VC ppThe a licant shall post an erasion control bond in the amount of sixteen thousand ($16r 000) dollars in the form ❑f a check made out to the Town of North Andover to be placed in an interest bearing escrow account. This amount will held by the Town of North Andover for the duration of the project, until the street has been accepted by the Town. The designated open space parcel shall be donated to the State or in the alternative to the Town through the conservation Commission. If the property is to be donated to the Stater 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 fallowing 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. e. Deeds conveying individual lots must contain a -� restriction reflecting the 50 foot no-cut requirement shown on the PRD plans. A sample deed must be reviewed by the Planning Staff prior to endorsement of the plans. 5 , 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 t x. 6 , Prior to releasingindividual lots from the statutory covenants, the Planning Board must by a majority vote make a specific finding that the Erosion and Silt i s being any un f orseen adhered an hat Program ._.__..... -. . . _....w.4__�......� .. _.,1_... circumstances "av e be �W V dequately d- drresse t4%'ttr_..-iaz}+r_:'L•ft._ ,r.c...F[`ts�_.'i? - Tpa---'r�', - y;a.::tr-^:`r-M..�.rr=-.�rr.'*;.rr?." :i:.ra-i�. ...:_..%. :.t.-.a.-i.r-r-- 7 . Prior to FO RM U y verification for an individual lot, the following conditions must be followed: a. The Planning Board must review and approve the. house designs for this project. At any one time there shall be no more than %eight.:.18) i unstable lots in the subdivision. A lot will be considered unstable for this condition, from the moment a FORM U is verified for the lot until the foundation has been completed, backfilled, graded and stabilized via, sod, mulch, or hydroseeding. LZ. The Planning Staff shall judge whether a lot is sufficiently stable to verify additional FORM Us. d once a lot has been deemed stable by the Planning in Board may, b majority vote, direct Staff, the Planning Y, Y � staff to verify additional FORD Us. e. -Prior to the release of Lots 8 to 10 and Lots 14 to 17 , the Swale and interceptor drains must be installed and working correctly. 8 . Prior to a Certificate of occupancy being requested for an individual lot, the conditions outlined in the Pinewood Definitive subdivision Conditional Approval must be followed. 9 . Prior to the final release of security, the conditions outlined in the Pinewood Definitive Subdivision conditional Approval must be followed. 10 . 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. 21. Pedestrian access will be provided to the open space area as delineated by the Town Staff. 4 9 r n 12 , 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. 13 . The following work in the fifty foot (501 ) buffer zone is approved by the Planning Board- as shown on sheet 4 and 5 of the Definitive Subdivision Plan: a, wetland construction Area B; b. Detention pond on Lot 2 and 3 ; c. Detention pond on Lot 7 ; d. Minimal disturbance will be allowed in order to construct the rip rap drainage swale on Lot 8 ; e. Minimal disturbance will ne allowed in order to construct the retaining wall on Lot 17 . 14 . The applicant shall adhere to Section 4 . 2 (Phase Development) of the Zoning Bylaw. 15 . This special permit approval shall be deemed to have lapsed after January 17,, 1997 (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 16. 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. 17 . 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: 1. Erosion and Siltation Control Program Pinewood Subdivision, North Andover, Massachusetts 01845 October 4 , 1994 Prepared for: Summer Street Realty Trust P.G. Box 6700 North Andover, Massachusetts 01845 Prepared by: wetlands Preservation Inc. 569 North Street Georgetown, Massachusetts 01833 2 , Drainage Analysis for Pinewood Subdivision on Salem Street North Andover, Massachusetts 5 r r i 1 - t Dated: July 24 , 1994 and December 12 , 1994 Prepared for: Summer Street Realty Trust 733 Turnpike Street, Suite 209 North Andover, Massachusetts 01845 Prepared by: Merrimack Engineering Services, Inc. 66 Park Street Andover, Massachusetts 01810 3 , Plans: Modification to. the Definitive and Special Permit Plan Woodchuck Grove in North Andover, Mass. Dra4n by: Summer Street Realty trust 733 Turnpike Street - Suite 209 North Andover, MA 01845 Prepared by: Merrimack Engineering Services, Inc. 56 Park Street Andover, Massachusetts 01810 Scale: as noted Dated: July 1, 1994 ; rev. December 12 , 1994 Sheets: 1 through 8 CC. Conservation Administrator Director of Public works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Pinewood.PRD 6