HomeMy WebLinkAboutWESTON PROPERTIES CORP t S
TOWN OF NORTH ANDOVERTID*4, C�1" fR
MASSACHUSETTS
ltQRT.
2 02 ► `89
Any appeal shall be filed p
f s
within (20)days after the
date of filing of this Notice s„”"5`
in the Office of the Town
Cler, NOTICE OF DECISION
Date November 21, 1989 . . . .
I
Date of Hearing ,November.16, 1989
Petition of , , Weston Properties.Corporation:., . .. . .
. . . . . . . . . . . . . . .
Premises affected Parcel 15 as. shown. on,Assessros Maps 58/59 bounded by Mass Ave.
on the south, Chickering Road to the west, ianc� oi`'fifiomas'fo #fie'ea�£'add" "
Phillips Brook Road to the north.
Referring to the above petition for a special permit from the requirements
of the .
North Andover zoningBylaw - Section 8.3 Site Plan`Review
so as to permit constnuatiasn of :lA f t S3. S'ip F. €sem?ly.pmts,for,Inr3ePenaently
Elderly Housing.
. . . . . . . . .. . . . .. . . . . . .. ..., .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
to .Approve. . . . . . . .the !AtQ .P,tai .P%gxjew . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions:
t
i
cc: Director of Public Works
j
Hoard of Public Works Signed)/ ""' A"
Highway Surveyor
Board of Health George Perna, Jr., Chairman
Conservation Commission . . • . • . • , • . . .
Building Inspector John Simons, Clerk
. . . . . . . . . . . . . . . . . .
Police Chief
Fire Chief Erich Nitasche
Applicant . . . . . . . . . . . . . . . . . . . .
Engineer Jack .C,rahan . . . . . . . . . . . . . . . . . . . . .
File
Interested Parties JAbT� Ax . • • .
planning Board
r .
MUM MH
TOWN OF NORTH ANDOVER , aER
MASSACHUSETTS w
W so
AL
Is
T gORTH�
f A
Any appeal shalt' be filed
within (20) days after the
s�CHus
date of filing of this Notice
In the Office of the Town NOTICE OF DECISION
cierk
i
I
Date. November.21, 1989. . . .. . . . . .
i
Date of Hearing �14pppl? .16s ,1989
Petition of ,Weston Properties Corporation
. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected
Parcel 15 as shown on Assessors Maps 58/59 bounded by Mass Ave. j
.
on 'T.Bad •aY 'ThtAmas to the �
East and Phillips Brook Road to the North.
Referring to the above petition for a special permit from the requirements
hhPP North Andover Zoning Bylaws- Section 10.3, Special Permit, 11.3, Planned
Devj
oteTopmen tWst'rlbt;'hhS'Sbbtibn'14; .Independently•E2derly •Housimg; • .
so as to permit . thp, F,pMtrjWt}pp. pf. 40,detached, ly,single, famiunits for Independently
Elderly Housing.
After a public hearing given on the above date, the Planning Board voted
Conditionally
to AWrove. . .. . .. . .the SPeciai Permits. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .
cc: Director of Public works based upon the following conditions:
Board of Public works
Highway Surveyor i
Board of Health
Building Inspector Signed �1
Conservation Commission rI (l��Jki)1
Police Chief GepFge.gf-rnai_Jr;t Chairman, . ,
Fire Chief
Applicant 9PAP.
Engineer
File
Interested Parties
Agpjk Gr . .. . . . . . . . . .. . .
John Drams . . . . . . . . . . . . . . . . . .
Planning Board
OFFICES OF: e ` '' Town of 120 Main Street
BUILDING :� NORTH ANDOVER North Andover
CONSERVATION *�''a�i";�^'�
Massachusetts 01845
HEALTH @e CNOs`R DIVISION OF (508)682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
November 21, 1989
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re: Weston Properties
SpecialPermits ,
Independently
ElderlyHousing,
and Site Plan
Review
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
October 19 , 1989 , on the application of Weston Properties
Corporation, 45 Williams Street, Wellesley, MA, requesting a
Special Permit approval under Section 10 . 3 , Special Permit; 11 . 3,
Planned Development District; and Section 14, Independently Elderly
Housing of the North Andover Zoning Bylaw. The hearing was duly
advertised in the Lawrence Eagle Tribune on October 5 and October
12, 1989 . The following members were present: George Perna, Jr . ,
Chairman; John Simons, Clerk; Jack Graham and John Draper. Erich
Nitzsche arrived at 8 : 15 p . m.
The petitioner seeks approval of a development plan for 40
units of individual detached, one and one half story housing. The
premises affected is shown on the Assessors Maps 58/59 sd Parcel
15 and generally bounded by Mass . Avenue on the South, Chickering
Road to the West, Land of Thomas to the East and Phillips Brooks
Road to the North.
John Simons read the legal notice to open the public hearings.
A letter from the applicant was also read into the record.
Jim Velleco, Weston Properties, introduced to the Board
members of the development team. Rick Dumont, Architect, Phil
Christiansen, Civil Engineer, Lou Garfield and Bob Palumbo,
Developers were present.
Jim Velleco presented the Board with the following
information. The proposed project contains 15 acres. The site has
approval for fifty four ( 54 ) units for Independent Elderly Housing,
A marketing study has been done for the proposed project. That a
study showed the need for detached homes with common open space ,
recreation areas and maintenance . The units proposed will be L
shaped and contain from 1 , 400 sq- ft. to 1 , 700 sq- ft. on the main
floor. The buildings proposed will be wood frame with clapboard.
Page 2 :
Jim Velleco presented plans showing proposed cutting with what
was approved previously for this site .
George Perna wanted to know the percentage of open space on
the site . Mr. Velleco stated that 77% of the site was open space .
John Simons wanted to know the percentage of open space outside of
the house area. Mr. Velleco will provide the Board with figures _
of open space for the perimeter.
John Simons asked about similar project. Erich Nitzsche asked
about sidewalks. Plan will be provided showing sidewalks.
Mr. Velleco summarized the proposed project with the approved
project citing substantial reductions .
George Perna asked about the footprint of the buildings. Mr.
Velleco stated that 25% was allowed, 13% was approved and proposed
is 12 . 50 . George said he was not asking for the amount of area
covered, just a pure footprint. Mr. Velleco stated that the
footprint was 1 ,400 times 40 . The units are 1 , 700 sq. ft. in size
plus garage . Mr. Velleco will provide the Board with the pure
footprint. Mr. Velleco will also provide the Board with the
following information:
1 . footprint of the building
2 . amount of paved area
3. pure large contiguous open space .
Erich Nitzsche asked what the units would cost. Mr. Velleco
stated that the units would be in the price range of high $200,000
maybe $300, 000 bracket.
Lou Garfield introduced himself to the Board. He is president
of Weston Properties in Wellesley. With twenty years of experience
in this field, Mr. Garfield stated that he has a saleable item,
quality product and the experience .
Paul Hedstrom spoke to the Board stating that he was helping
Weston Properties interpret the Zoning Bylaw and clarify the legal
notice . Erich Nitzsche cited a possible conflict of interest with
Paul Hedstrom working with the developers . A heated discussion
took place .
Betty Pendak, an abutter, asked about the ownership of the
lots . The answer was owned in common.
A motion was made by Erich Nitzsche to continue the public
hearing to November 2 , 1989 . The motion was seconded by Jack
Graham and voted unanimously by the Board.
On November 2 , 1989 the Planning Board held a regular meeting.
The following members were present: George Perna, Jr. , Chairman;
John Simons, Clerk; Erich Nitzsche , Jack Graham and John Draper.
John Simons read the legal notice of the Special Permit, Site
Plan Review for Weston Properties.
Page 3 :
George Perna went over the issues that were to be addressed from
the last meeting.
Lou Garfield, President of Weston Properties cited the
following. The number of units previously approved has been
reduced from fifty four to forty units. The structures will be low
rise single family units .
Jim Velleco went over the overall calculations . The site was
thirteen acres, is now fifteen acres . The footprint of the
buildings was 76 , 500 sq. ft. , now 77 , 600 . Paving on the site has
been lessened due to the roadway being on the inside perimeter,
from 46 , 500 sq. ft. to 34 , 680 sq. ft. . The driveways proposed are
24 , 920 sq. ft. from 34 , 200 sq. ft. The total area of open space is
335, 120 sq. ft. , 51% .
John Simons asked about landscaping . Jim Velleco stated that
the existing tress will be reinforced. Street trees will be
planted, some to be evergreen. There will be landscaping along the
buffer for screening, made up of hedges and picket fences.
John Draper spoke on the elderly people that would be living
in the development with respect to fast traffic and no sidewalks .
Lou Garfield said that from a marketing view, security was advised,
possibly a gate .
Christian Huntress, Planner would like to go over the
landscaping plan with the landscape architect.
Gerry Berube , an abutter stated that the project looks better.
Another abutter from 200 Osgood Street stated that he approves of
the project. A letter was received from Gayton Osgood, 139 Osgood
Street, and read into the record. Betty Pendak, Chickering Road,
wanted to know if the project meet the fire department
requirements.
A motion was made by John Simons to close the public hearing
and take the matter under advisement and direct the Planner to
draft a decision. The motion was seconded by Jack Graham and voted
unanimously by the Board.
On November 16 , 1989 the Planning Board held a regular
meeting. The following members were present: George Perna, Jr. ,
Chairman; John Simons, Clerk; Erich Nitzsche , Jack Graham, and John
Draper.
John Simons read a letter from the North Andover Historical
Society.
A discussion took place on easement, the number of easements
and to whom.
Page 4:
The Board went over the draft decision adding the following:
1 . Condition #4 - language was made clearer and more
specific .
2 . Phasing plan to be submitted
3 . Prior to Certificate of occupancy the road will be up to
binder.
4 . Condition #6 after the word all insert appropriate.
5 . Add Condition #25 Prior to endorsement of these plans,
all sheets will be revised to comply with each other.
Engineer and architects plans differ.
A motion was made by John Simons to approve the Special
Permits and Site Plan Review subject to the draft decision and
amendments made during the discussion. The motion was seconded by
Erich Nitzsche and voted unanimously by the Board.
Attached are the conditions voted on by the Planning Board.
Sincerely,
Planning Board
ZVO
GeorgeTerna, Jr. , /mac 1
Chairman
Cc: Director of Public Works
Board of Public Works
Highway Surveyor
Conservation Commission
Board of Health
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Pile
SAMUEL PHILLIPS COMMON,
INDEPENDENT ELDERLY HOUSING DEVELOPMENT.
Conditional Special Permit and Site Plan Review Approval.
The Planning Board makes the following findings regarding this
Special Permit as required by sections 8. 3, 10.3, 11.3 and 14 of
the North Andover Zoning Bylaw:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2. Adequate vehicular and pedestrian access into the surrounding
site has been provided.
3. The landscaping plan as shown meets the
requirements of section 8.4 of the Zoning Bylaws.
(With appropriate revisions as noted in this decision)
4. The site drainage system is designed in accordance with the
Town Bylaw requirements.
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8.3 of the Zoning Bylaw.
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
7. The applications before us are in harmony with the general
purpose and intent of this Bylaw.
The Planning Board finds under Sections 8.3, 10. 3 , 11.3 and 14 of
the Zoning Bylaw that the proposed site plan, together with the
following conditions, complies with the Town Bylaw requirements.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
1. The final plans shall include the following in one
packet: ( Both article a & b shall be recorded with the
North Essex Registry of Deeds upon receiving
endorsement from the Board. )
a. Cover Sheet
b. Proposed site plan showing location of structures as per
plan dated 9/29/89.
c. Existing Site conditions Plan, Dated 9/25/89
d. Site Grading Plan, Dated 9/25/89
e. Plan and Profile, X-4, Dated 9/25/89
Plan and Profile, X-5, Dated 9/25/89
f. Construction Details, Dated 9/25/89
(with appropriate revisions as noted in this decision. )
g. Floor plans, Elevations and Roof Plans, Dated 9/27/89
h. Landscape plan.
(With appropriate revisions as noted in this decision)
i. Plan showing phasing of construction activities and
erosion control methods.
All plans shall be on 2411 x 36" sheets
2. The final plans will incorporate the following concerns, per
order N.A.D.P.W. :
a. Provide a plan and document of 20 foot wide utility
easement and 10 foot wide temporary construction
easement for water main installation across the property
at 168 Osgood Street.
b. the size and type of water main shall be shown on the
plan.
c. The location where the water main crosses the sewer main
at Station 1 + 75 and 5 + 50 shall be eliminated and
proper separation between water and sewer shall be
maintained throughout the project.
d. Due to residential fire sprinklers being required, the
size of water service shall be two (2) inches.
e. All underground utilities shall be shown on the plans.
f. A profile of the cross country sewer to Massachusetts
Avenue shall be provided.
g. Headwall inverts at the detention area shall be shown.
h. Permits for connection to Town utilities will not be
granted until a complete set of endorsed plans with
up-to-date revisions is on file with both the Department
of Public Works and the Planning Department.
i. A Sewer System Extension Permit from the D.W.P.C. of the
Mass. Department of Environmental Protection must be
obtained prior to issuance of a sewer extension permit
by the North Andover Division of Public Works. The local
permit, in accordance with the N.A.D.P.W. policy, will
require 2. 1 mitigation of existing infiltration/inflow
from the receiving system. The receiving system, known
as the West Side Interceptor, has been determined to be
over capacity due to infiltration/inflow.
Finally, the Planning Board finds that this Independent Elderly
Housing Development complies with the Town of North Andover
Zoning Bylaw requirements found in sections 8.3, 10.31 11.3 and
14, so long as the following conditions are complied with.
Therefore, in order to fully comply with the approval necessary
to construct the facility as specified in the Special Permit
Before us, The Planning Board hereby grants a Special Permit to
the applicant provided the following conditions are met:
3 . Prior to endorsement of the plans which are herein
referenced, an open-space conservation easement shall be
granted to the Planning Board. That easement shall
include all lands in "parcel 1A" which are designated as
common open space. The extent of the easement and the
accompanying documentation shall be subject to Planning Board
approval. The open-space conservation easement shall allow
for the construction of walking paths for the use of the
residents of this development.
4. All drainage facilities including detention basins, shall be
constructed prior to the issuance of a Certificate of
Occupancy for any structure located within this site.
5. All appropriate erosion control measures shall be in place
prior to the issuance of Permit to Build for any structure
within this site. Final determination of appropriate measures
shall be made by the Planning Board or Staff.
6. An as-built plan and profile shall be submitted for review
and approval prior to the final release of DPW bond money. A
certified interim as-built verifying that all utilities have
been installed in accordance with the plans and profile
shall be submitted prior to the application of the binder
coat of pavement. In addition, all required inspection and
testing of water, sewer, and drainage facilities shall be
completed prior to binder course paving.
7. All Planning Board order of Conditions are to be placed upon
the recorded Final Plans, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
I '
8. Tree cutting shall be kept to a minimum throughout the
project in order to minimize erosion and preserve the
natural features of the site. Therefore, in addition to
street trees every fifty feet along both sides of the
roadway, one tree shall be planted for every 400 square feet
of area cleared for the roadway outside of the 40 ' private
right of way which shall be delineated on the plan. The trees
shall be a mix of evergreens as approved by Planning Board
Staff, and will be 6' tall or taller upon planting. The.
developer shall inform the Town Planner when significant tree
cutting is to occur.
9. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
10. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
11. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during road
construction.
12. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
13. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
14. All buildings shall have residential fire sprinklers
installed prior to the issuance of the Certificate of
Occupancy, per order NAFD.
15. Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
16. Bonds, in an amount to be determined by the Planning Board,
shall be posted to ensure construction and/or completion of
sewers, roadways, site screening and other pertinent public
amenities. These bonds shall be in the form of a Tri-Party
Agreement or a Passbook.
17. Prior to a Certificate of Occupancy being issued for any
structures, the site shall be reviewed by the Planning
Board. Any additional screening as may be reasonably required
by the Planning Board shall be added at the owners expense.
18. The applicant shall comply with all North Andover Department
of Public Works Rules and Regulations.
19. Any Plants, Trees or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from time of planting shall be replaced by
the owner.
20. The Construction Detail sheet shall be revised to show both
the outdoor lighting details and the sign details.
21. Prior to endorsement of the record plans by the Planning
Board, the applicant shall submit a final Landscape plan to
be approved by the Planning Board Staff.
22. There shall be no more than 40 Residential Housing Units
constructed on this site. The only other structures allowed
shall be a Community Center, as show in the record plans, or
a building presently existing at the time of this approval.
23. All construction shall commence within two (2) years from the
date of this approval and shall be completed within five (5)
years from the date of this approval.
24. Prior to Endorsement of the record plans, all sheets shall be
revised to comply with information found on accompanying
pages.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
e~ t
REC'IVETI
Received by Town Clerk: DANI.; L"R
TOW 4 LcMX
NOR i i :.=iDOVER
FORM A NX 16 IQ 28 AN '89
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO RE UIRE APPROVAL
CJD 1/Gw►�e r
14- 19 S9
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required. The undersigned believes that such approval
is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a
subdivision because every lot shown thereon has the amount of
frontage required by the North Andover Zoning By Law and is on a
public way, namely, QS!50ca slr'ec-� , or a private way, namely,
6.01
`` / / 1 , being land bounded as follows:
EaFSTCr-1(4 A 5y 0!'®lOoof c� !"Ca7 �; Xor7601icrx Lv+erAerXf
sfhO! souTher-ly 6Y nZea yl DIe 29om*X .
2. The division of land shown on the accompanying plan is not
subdivision/ for the following reasons:
of
Do ST!`ec7� /.r �u11v 01Cegy/ R'nWl XX s'WoWs9
O/1 ThG olah li�tvG lYduirC��tOn7�dtwc on OJ'.roo�J�T!'Cc,e.
3. Title reference North Essex Deeds, Book ; Page Z54 ; or
certificate of Title No. , Registration Book
Page .
Appl ' ant's Sign e: Owner's signature and address if not
the�e"" applicant:
w. . l�f��� S luted
Applicant's Address: 1 r
WesProperti e 9 Core sa(� y
4� r Ii,wA, s+ «+
Wcllcslt3, MA oz181
`r
Received by Town Clerk:
Notice to APPLICANT/TOWN CLERK of action of Planning board on
accompanying plan:
1. The North Andover Planning Board has determined that said plan does
not require approval under the Subdivision Control Law, and the
appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows
a subdivision, as defined by G.L. c. 41, s. 81-L, and must therefore
be re-submitted to it for approval under the Subdivision Control Law.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By.
Date:
3827r
DIVISION OF PLANNINO AND
COMMUNITY DEVELOPMENT ,1� P "�
TOWN OF NORTH ANDOVER D1iM LONG
MASSACHUSETTS TOWN cum
190 Mdn 8l, I I
PLANNING BOARD North Andover,MA 01M
APPLICATION FOR SITE PLAN REVIEW — SPECIAL PERM IT.5;�p/7/ag 7-1 1 9 F19
Under Section 8.3 of the Town of North Andover Zoning Bylaw.
' 1.) Applicant/Petitionerss Weston Properties Corporation
Address 45 William Street:.WelSesi'e"y," :+D281'_
Phones —76171 235-705,x,_
P..) Ownerships W. G. Brooks Thomas _
Address 32 i 1 01835
__0 Beav ta_�FjQs1ds James Q ;_R
Phones (4n1) 423—OOgR
3.) Location of the projects Massachusetts Avenue '- _
Addresse
Assessors Map N:
Dead Recorded ins Northetrl
Registry of Dead% Book 62R Page 252 _ or Land Court
Certificate No. Hook Page
4.) Size of the Building _ 80 ,500 __„ square feet
Height 3, ,t,4.1k__,_ Stories _��!fy'r._ Fest
Occupancy or Use Residential
Type of Construction Woo j�aM@
5. ) Size of Existing Building
Height Stories Feet -
Occupancy or Use _ -----.. -
Type of Construction
6. ) Classification of the Project(See Sertion 8.33 of the Zoning Bylaw)
Major _x.JjWXp. than 10 ar_res)
Intermediate
Minor
INFORMATION REOUIRED FOn SITE PLAN REVIEW
TYPE OFLQPMENT...
MAJOR IN_NWIEOIATE MANOR ___TYPE 01'_INFDR19A1;ION REQUI!21:.0
x x x 1. North Arrow/Location Map
x x x e, Survey of the Lot/Parcel
% x x T 3. Name/Description of Proiect
% x x , 4. Easements/Legal Conditions
x x _ x 5. Topography
x X x 6. Zoning Information
x x x 7. Stormwater Drainage Plan
x % X _ 0. Building(%) Location
x x x 9. Location of Parking/Walkways
x x ^_ i X 10. Location of Wwtlandl
x x _ x I1 . L.ncrtion of Wal I%/Sigr+y
X x ,.• x 12. Location of RoadwaysiDrives
x 0 O 13. Outdoor Storage/Display Area
x x .. O �, .� 14. Landscaping Ilan
x x — 0 _ 13. Refuse Areas
x x _ O _ 16. Lighting Facilities
X O 0 17. Drainage Basin Study
% 0 O 18. Traffic Impact Study
x - 19. Commonwealth Review
X Required Information
0 Information may be requested by the Planning Board
7.) Please supply ten (10) copies of the above information to the Town
Planner with this application.
8.1 Advertising FQe:. ---
d0•_— - —
Filing Fee;
9.) Petitioners Signatures
Every application for action by the Board shall be made on a
form approved by the Board. These forms shall be furnished by the Town
Clerk upon request. Any communication purporting to be an application
shall be treated as more 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 prescribed in accordance with the requirements of Section 6.3.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abuttersp owners of land
directly opposite on any public or private street or way and abutters to
the the abutters within three hundred (300) feet of the property line
ell as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is loceted in Another
city or towns the Planning Board of the Town and the Planning Board of
every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
SEE ATTACHED CERTIFIED LIST.
ADD ADDITIONAL SHEEIS, IF NECESSARY
ANY QUESTIONS SHOULD BE DIRECTED TO IHE PLANNING OFFICE AT 6B5.4775
i