HomeMy WebLinkAbout1995-01-17 Decision MOD PRD s
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M A S S A E T T S NORTH ANDOVER
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Any appeal shall be filed
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within (20) days after the r
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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
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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
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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
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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• -
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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
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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.
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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*
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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
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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
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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
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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;
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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.
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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.
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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
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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.
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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
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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
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