HomeMy WebLinkAboutLINDSAY DEV CORP RECCi'ltrl
TOWN OF NORTH ANI) OVEItDA!{I( 7"1 �. '
T6%- .i r ,,K.
HASSACIIUS13TTS NOF?1'? ,:. ru).FR
�oR,M DEC 7 4 co
01,.... „Atio
'ot ,
•4� ...... .itis
Any appeal shall be filed J`lACHUSt
within (20) days after the
date of filing of this Notice NOT CE OF DECISION
in the Office of the Town
Clerk.
Date. . . .. . . . . . .
Mite of Ilearing
Petition of , , Lindsay_ Development .Corporation
. . . . . . . . . . . . . . . . . .
Premises affected . shmvan .on the Assessgi;§ Maps, 5$/, ��, �zti;gQ , .1,5; ,
generally bounded by Massachusetts Avenue to the South
Chickering Road to the West, Land of Thomas to the East.
Referring to the above petition for a special permit from the requirements
of the . .North. Andover. zaning. aylaws. ;eq�iQli, �A .CM. Sjegt4Oi;i. 1.0...1 . . .
Independent Elderly housing and Special Permit
so as to permit Q. GcagSLxuG �4ri .oi , an .Indepariderat.E1.der:ly. IlQusi�g• P•rojecL
. .containing 54, •liousing, .units, on ,a,parcqj ,Qpp,tar}ipg, ;,3,,5 , aCzg�s ,moze. .or less . .
After a public hearing liven on the above date, tite Planning Board voted
Conditionally
to 1kPRzoves. . . . . . .the SRWW. Pg3;r1't. . . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
See Attached:
cc: Director of Public works
Board of Public Signed
Highway Surveyor
Tree warden ,Paul I3ecls
Conservation COmmission
Building Inspector George. Perna. .Vice .Cha;rman
Board of Health
Assessors Erich Nitzsche
. .
Police Chief
Fire Chief �t
Appli pnt , Engineer ir.1Lae 1.Lz .;:y . . .: . . . . . . . . .. ..
`�
'OFFICES OF: o g Town of RFV;I1; .NI.,iII tinccI
AhPr_nl_s NORTH ANDOVER o.�l:{rN601 s;B.iidovcr,
BUILDING 'Sr :.•t a' TULf 1- INS(ty.1111SCII.S t 11845
CONSERVATION CNpB` DIVISION()F NUEil;•{ C(�1?)!Idf3.fi1477
H F_A l:l'H
PLANNING PLANNING & CONIMUNI'I'Y DEVELOPTMNI" 4 f,0 FV '60
KAREN I I.P. NEI-SON, I)IIII:CTOR TM
NI"
6 , 1988
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re : Lindsay Development
Samuel Phillips
Common, Special
Permit under
Section 14 & 10. 3
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
September 22 , 1988 in the Town Hall, Selectmen' s Meeting Room. The
hearing was duly advertised in the North Andover Citizen on September 8,
and September 15, 1988. The meeting was called to order by the
Chairman, Paul Hedstrom. Also present were George Perna, Vice Chairman;
John Simons, Clerk; Erich Nitzsche and Michael Leary.
The petitioner seeks approval to construct an Independent
Elderly Housing Project called "Samuel Phillips Common" under Section 14
and Section 10. 3 of the North Andover Zoning Bylaw. The Independent
Elderly Housing Project will contain 54 housing units on a parcel
containing approximately 13 . 5 acres, more or less . The land involved
with this application is shown on Assessor Maps 58/59 as Parcel 15 and
is generally bounded by Massachusetts Avenue to 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 hearing ,
Letters were received and read from the Fire Department.
Samuel Thomas, Lindsay Development, spoke to the Planning Board
and thanked them for allowing him time to present the proposed plans to
them. Gary Puryear, Moriece & Gary, Landscape Architects, also thanked
the Board and the various departments for the cooperation. A model of
the proposal was brought before the Board . The proposal is located on
Mass . Avenue at the intersection of Route 125. There will be six ( 6 )
buildings with a one way drive . There will be a village house for
activities, a common, tennis court and putting green.
Page 2e
George Perna questioned why there were changes from the original
plans the Board had seen. Gary Puryear stated that the chief reason was
the garages will be closer to the buildings. The garages were on the
opposite side of the road, now adjacent to the buildings, trying to
maintain most of the existing conditions in the area. Scott. Stocking,
Town Planner, asked if the
garages could be shifted to either side of
the buildings . Mr. Puryear said it could be done but there would be
cutting in the wooded area. Samuel Thomas stated that a complete
feasibility study was done and the plans reflect that study.
John Simons questioned the lot being a different parcel than
shown before Town Meeting. He further said the Board gave a preliminary
approval to a site plan based on a parcel that is not the same as
shown. Erich Nitzsche stated that a Form A Plan was approved by the
Board a few weeks ago for a portion of the parcel . Paul Hedstrom said
there were a number of discussions on this proposal but this is the
first public hearing on the Special Permit. George Perna and Erich
Nitzsche expressed concerns about the possibility of other Form A lots
along Osgood Street.
Scott Stocking , Town Planner, said their concerns could be
addressed by placing a condition in the decision that no Form A lots
will be allowed on the remainder of the property along Osgood Street.
Paul Hedstrom explained that the Attorney General Office , ruling
on Article #28 , struck down the provision in the article relating to
Town Meeting authority and that in effect now is a Bylaw. Scott
Stocking, Town Planner, further commented that from preliminary plans to
definitive plans there will be changes . John Simons expressed concerns
with. the changes.
Jim Vileco, architect, stated that there will be nine units per
building, four units per floor, with one penthouse per building. The
buildings to be wood frame with pitched roofs . The garages are to look
like carriage houses. The units will be from 1, 450 sq. ft. to 1 , 900
sq. ft.
Phil Christiansen gave Erich Nitzsche additional drainage
calculations. He said that there would be no increase to the drainage
and that a pervious pavement would be used on the roadway for drainage
from the roofs. Also that there was no increase in peak flow rates and
no increase in volume. Bill Hmurciak, D. P .W. , stated that there was a
drainage problem down stream near Autran Avenue and expressed concerns
with off-site drainage.
Scott Stocking, stated that he had received a call from Dave
Charette, District #5 D. P.W. , and he would like to meet with Phil
Christiansen regarding a sewer connection permit from the State if there
is an impact. Erich Nitzsche expressed that he would like to meet with
Phil Christiansen, Bill Hmuricak, D. P. W. , and Scott Stocking. Town
Planner to go over the drainage calculations .
Page 3:
Gerry Berube, an abutter expressed concerns with lights
reflecting in her house . She also stated that the abutter were told
they could express their concerns and feels that the abutters were
mislead on the project.
Elizabeth Pendak, Chickering Road abutter questioned the
easement and the size of the proposed project. .
Erich Nitzsche requested that the road be staked for a site
visit. John Simons asked about the screening of the proposed project.
Gary Puryear stated that trees will be relocated to reinforce screening.
Paul Hedstrom asked what the distance was between the building and the
common area. Gary Puryear said that it was 130 feet.
Marty Kennedy spoke on the Traffic Impact Study that was done .
The study indicated that there would be low generated traffic.
A motion was made by George Perna to continue the public hearing
until October 20, 1988 . The motion was seconded by Erich Nitzsche and
the Board voted unanimously.
Due to the lack of a quorum the Planning Board meeting scheduled
for October 20, 1988 was rescheduled to October 26 , 1988. The meeting
was held in the Town Hall, Library/Conference Room. The meeting was
called to order at 8: 14 p. m. by the Chairman, Paul Hedstrom. Also
present were George Perna, Vice Chairman and Michael Leary. Erich
Nitzsche arrived at 8: 30 p. m. John Simons was absent.
Scott Stocking, Town Planner spoke on issues to be discussed,
possibly the drainage . The applicant would prefer that there were five
members present during the hearing. Scott Stocking stated that the
public hearing was not at the stage to be closed and that some issues
could still be discussed.
Gary Puryear, Site Planner and Landscape Architect, recapped the
proposal with aerial photographs of the site showing the location of the
project. He stated there were several things being proposed for the
project:
1 . Standard subdivision which has approval from the Board; ;
2. Cluster proposal that went before Town fleeting for
concept in R-3 Zoning District;
3. The plans submitted to the PlanningBoard
o rd after
approval for concept at the Town fleeting.
Overlays for parking were presented to the Board. The question
of vegetation being removed was brought up by George Perna. Hr Puryear
stated that the additional vegetation would be planted to screen the
project from the abutting properties.
Page 4:
Questions were raised by the Board about whether Phillips Brooks
Road was a paper street with the possibility that it is owned in part by
an abutter. Clarification of the road issue, whether it is part of the
subdivision or abutting land was requested.
Phil Christiansen stated that the deed shows the property line
at the stone wall. Erich Nitzsche said if that was the case then the
Phillips Brooks Road was not part of the proposed project.
Gary Puryear stated that a marketing study had been done and the
need for more two bedroom units was brought out in that study. The
footprint of the building has changed to reflect that study. George
Perna asked the length of the buildings. Gary Puryear answered the
longest building was 110 feet.
Gary Puryear stated that the questions of service water run-off
and distribution of utilities were brought up and that the Board
suggested that a meeting be set up with the State D. P. W. to go over
any impact that they might be uncomfortable with . Mr Puryear then
turned those questions and issues over to Phil Christiansen. Phil
Christiansen stated that he had meet with the State D. P. W. , District
#5. The drainage system is under sized. There is no increase in peak
flow or volume. The sewer is the Towns and a sewer extension permit is
needed.
Erich Nitzsche asked how mitigation of run-off was being taken
care of for the site . Phil Christiansen replied in several ways:
1 • pervious pavement to be used
2. two areas ( 30,000 sq. ft. ) will be excavated and filled
with 3 feet of sand
Following a lengthy and technical discussion on mitigation and
drainage , Bill Hmuricak had questions on the calculations and whether
the retention method would work. Phil Christiansen said that it was a
different method and it does work.
Bill Hmuricak, Erich Nitzsche and Phil Christiansen will be
meeting to go over the design and calculations.
Gary Puryear spoke on lighting, signage . curbing, and a guard
house and that the questions on those issues were in the documents
presented to the Board.
Paul Hedstrom asked if anyone in the audience wanted to comment
on the proposed. There was no response .
Erich Nitzsche spoke on a letter dated October 6 , 1988 from
Lindsay Development and took exception to the last sentence in paragraph
2, stating this is a result of the Boards approval on an ANR (Approval
Not Required) Plan submitted in September - it is not the result of the
Planning Board approval , it is the result of their submittal of the plan.
A motion was made by George Perna to continue the public hearing
until November 17 , 1988. The motion was seconded by Erich Nitzsche and
voted unanimous by those members present.
Page 5:
On November 17 , 1988 the Planning Board held a regular meeting
in the Town Hall, Selectmen ' s Meeting Room. The meeting was called to
order at 7 : 45 p. m. by George Perna, Vice Chairman. Also present were
Erich Nitzsche and Michael Leary. Chairman, Paul Hedstrom arrived at
8:08 p.m. John Simons was absent.
Scott Stocking, Town Planner stated that he had received a letter
from DiCara, Selig, Sawyer & Holt, the attorneys for Samuel Thomas, on
the issue of Phillips Brooks Road. The letter stated that Phillips
Brooks Road is in fact a private way and thus should be owed, along with
a one to two foot "spite strip" , by the successors to the title of the
Edmund M. Warren Realty Company. Present at the meeting was Asa E.
Phillips III, attorney from DiCara, Selig, Sawyer & Holt. He further
elaborated on the Phillips Brooks Road.
Gary Puryear summarized the issues that remained. Those issues
were:
1. drainage calculations
2 . easement along Phillips Brook Road ,
Phil Christiansen commented on the calculations and that he gave
Bill Hmurciak those figures along with the 2, 10 and 100 year storm
event. Because of the Boards concerns with the calculations and the
drainage, Phil Christiansen supplied the Board with design drawings with
new calculations. The 2 10 and 100 years storm events figures were
reduced with the new design.
Paul Hedstrom said that As-Buit Plan will be a requirements in
the decision.
Gary Puryear showed the Board two scenarios of parking on the
Phillips Brooks Road end of the development.
A motion was made by George Perna to close the public hearing
and take the matter under 'advisement and instruct staff to draft a
positive decision. The motion was seconded by Erich Nitzsche and voted
unanimous by those members present.
On December 1, 1988 the Planning Board held a regular meeting in
the Town Hall Selectmen' s Meeting Room. The meeting was called to order
at 8: 05 p.m. by George Perna Vice Chairman. Also present were Erich
Nitzsche and Michael Leary. Paul Hedstrom; Chairman arrived at 8: 20 p.m.
Scott Stocking, Town Planner, presented the Board drat with a f
decision. Scott stated that the applicant asked that a change be made
in the decision on the last page item #9, regarding an optic system for
the fire department. pp re Applicant requested that an amount beplacedin
9
the condition not to exceed $9 ,000 .
Paul Hedstrom asked how the applicant would guarantee that a
person would have to be 55 year of age or older to be eligible for
residency. Samuel Thomas said a covenant will be placed on the property
to ensure that one of the residents is 55 or older.
Pdge G :
Erich Nitzsche commented on Item #3 - the last sentence the
word "and" to be replaced by "for" approval by the Planning Board.
Item #7 - the words "A plan" will be replaced by "The plan In Section
B (d) to be placed in Section A Condition #9 .
George Perna wanted the Planning Board to review the screening
of the property upon completion of the landscape architect screening
around the new road which will be subject to Planning Board approval.
Paul Hedstrom wanted technical language put in on protecting the
Independent Elderly character of the project, to be filed at the
Registry of Deeds Office with the plans .
A motion was made by Michael Leary to approve the draftdecision
subject to adding the amendments discussed by the Board. The motion was
seconded by George Perna and voted unanimously by the Board members
present.
Sincerely,
PLANNING BOARD
Paul A. Hedstrom.
Chairman
Cc : Director of Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Board of Health
Building Inspector
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
0Nil
4. All lighting provided for this project shall not cast light
onto adjacent property or roadways.
S . Screening around the roadway areas contained within this
project shall be reviewed and approved by the Planning Board
upon installation of the material by the applicant.
The following plans shall be deemed part of this decision:
Plans prepared by Christiansen & Sergi , Engineers and Moriece & Gary,
Landscape Architects, for Samuel Phillips Common for Lindsay Development
Corporation, SPA-1 through SPA-5 inclusive, dated 9/6/88.
r
7 . The plan shall contain a "No-cut Line" which shall indicate
where areas of existing trees shall be maintained. - No tree
cutting, filling, grading or disruption of the understory
vegetation shall be allowed within the "no-cut" areas.
S. The roadway shall be expanded along the west side of Mass.
Avenue to allow a passing lane to avoid left turning traffic
off Mass. Avenue into the project. The roadway improvements
shall be constructed in accordance with D. P.W. standards .
9. The applicant shall provide funding, not to exceed $9 ,000,
to the Fire Department for the installation of an emergency
optics system to be installed on the Mass Avenue/Route 125
traffic light. This system was requested by both the Fire
and Police Department in order to improve emergency access
to this project and area of the Town.
a. Two additional fire hydrants shall be placed on-site.
One adjacent to the gazebo and one hydrant placed
between buildings 5 and 6 adjacent to the driveway. ,
B. Conditions Filed with the Registry of Deeds Office
The following conditions shall be filed with the Registry of Deeds
Office in order for the project to meet Town Bylaw requirements:
1 . As per the requirements of the Fire Department contained in
an April 8, 1988 memo:
a. All buildings shall be residentially sprinklered in
accordance with NFPA 13 D Requirements.
b . The watermain shall be connected from Mass . Avenue to
Osgood Street.
C. The walkway paths within the common area shall be
constructed with precast concrete blocks which allows
grass to grow or other material approved by the
Planning Board to allow emergency vehicles access to
the rear of the structures. All plantings shall allow
for a 15 ' wide unobstructed path to allow truck access .
2 . A certified As-Built Plan shall be submitted by a registered
engineer for Planning Board approval prior to the issuance
of any Certificate of Occupancy for a structure, contained
within this project.
3. Any signage utilized for this project shall obtain a
building permit and adhere to Town Bylaws .
0 n
i r
f . This approval is for 54 housing units placed upon a, 13. 5
acre site, which meets the zoning requirements contained in
Section 14 of the Zoning Bylaw.
g. Finally the Planning Board finds that the use is in harmony
with the general purpose and intent of this Bylaw.
Therefore, upon making the findings cited above the Planning Board
hereby conditionally approves the Special Permit Application before us
as contained in this decision:
A. Conditions Prior to Planning Board Signature
The following conditions shall be adhered to prior to the Planning Board
signing the plans and this special permit is filed with the Registry of
Deeds Office :
1 . All drainage shall be designed in accordance with the
requirements of D. P.W. The Board shall be notified in
writing from the D. P.W. that the final design for
controlling •stormwater drainage meets Division requirements
and is approved by the Division.
2 . Signature block for the Planning Board shall be placed upon
the plans along with a Clerks Certification Statement as
required for Special Permit filings .
3. Official verification by the State D. P. W. that this project
does not require a MEPA Permit. If a MEPA Permit is
required this project shall not proceed until the MEPA
Permit is granted by the State . Any significant changes to
the plans before us by State review shall be reviewed for
approval by the Planning Board.
4 . A historic preservation restriction and/or donation of the
fee of the four Form A Lots adjacent to Osgood Street shall
be granted to a private nonprofit agency or public entity
which has the ability to accept such a gift prior to the
issuance of a Building Permit for structures contained
within this project. The Board places this requirement upon ''
the applicant in order to maintain the historic character of
Osgood Street and the neighborhood as a whole. A further
restriction shall be placed in the record title to the
property protecting the independent elderly character of the
project. The form of such restriction shall be ,approved in
writing by the Planning Board prior to the issuance of any
Building Permit for this project.
5. The parking area adjacent to Phillips Brooks Road shall be
screened as designed by the applicants landscape architect.
6 . Screening as designed by the landscape architect shall be
placed adjacent to the homes located on Mass Avenue .
T 0
Lindsay Development Corporation
Samuel Phillips Common
Special Permit - Independent Elderly Housing
Conditional Approval
The Planning Board makes the following findings on this Special Permit
Application as required by Section 10. 31 of the Zoning Bylaw:
a. The specific site is an appropriate location for such a' use,
structure, or condition;
Since the project is designed to represent a traditional New
England common which is in keeping with the surrounding
character of the neighborhood. Further the architectural
design of the structures and the overall site plan before us
is sensitive to the historic significance of the site and
furthers the goals and objectives of the adjacent Historic
District Commission of the Town of North Andover.
b. The use as developed will not adversely affect the
neighborhood;
Since the site plan incorporates significant setbacks for
proposed structures, utilities and entrances and maintains the
existing vegetation found on the perimeter of the site .
Further, the project is of such design quality that this Board
finds the project will be a welcome addition to the neighborhood
and the community as a whole .
c. There will be no nuisance or serious hazard to vehicles or
pedestrians ;
Since the vehicular access to thesiteand related traffic
improvements called for in this decision will promote safe
automobile access to the project. In addition pedestrian
access within the project and connections to the sidewalks
along Mass. Avenue will promote safe pedestrian access to
the Town Common and Old Center for residents of this
development.
d. Adequate and appropriate facilities will be provided _for the
proper operation of the proposed use ;
As conditioned in this decision by incorporating Town
Department recommendations regarding proposed facilities to
be built within the project.
e . The Board finds that the Special Permit before us adheres to
the purpose of the Independent Elderly Housing Regulations
contained in Section 14 of the Zoning Bylaw, since this
project will provide an alternative form of housing and
environment not currently offered to elderly citizens of the
Town and the design of the facility is in keeping with the
Towns traditional residential character and preserves open
space and land characteristics significant to the Towns
overall quality of life .
KAREN H.P. NELSON � Town of 120 Main Street, 01845`
"""r°Y NORTH ANDOVER (508) 682-6483
BUILDING •° ^'
CONSERVATION DrvtstON OF
PLANNING_ PLANNING & COMMUNITY DEVELOPMENT
December 3, 1990 6'V
=x�
z
rn
Mr. Samuel P. Thomas w ,nrn
Cr
Continental Advisors
100 Rosewood Drive
Northwoods Business Park c
Danvers, MA 01923
Re: Special Permit Extension
Dear Mr. Thomas,
This is to inform you that on November 8,1990 the Planning Board
voted to grant your request for an extension of the Special
Permit issued December 7, 1988. This Special Permit was
originally granted to Lindsay Development Corp. for the
construction of 54 Independent Elderly housing units.
This Special Permit will now expire on December 7, 1991. Please
feel free to contact my office with any further questions or
concerns.
0
Sincerely, r; z
opo
Christian C. Huntressm am
Town Planner.
rn �
cc: Planning Board
Karen H.P. Nelson, Director DPCD.
MUM HM REFLI��ry,��
TOWN OF NORTI[• ANDOVER fl�w;� rt_EZK
MASSAC11V SETTS NOR7':-1 ats'�(�v}pfYR
NORTH 'DEC 7 4 eo t {'• !
O � �
� a
s��CgU'+tl
Any appeal shall be filed
within (20) days after the
date of filing of this Notice NOTICE OF DECISION
in the Office of the Town
Clerk.
Date.p.PAgTQJ W. Z.. AM. . .. . . . . 4 .
Date of Ilearing A.eaqIQJ?Q1% I x. .1968
Petition of Lindsay Development Corporation. .
. . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . .
Premises affected ,shc&jn .on the Assesaors 1.5, , , , , , , , , .
generally bounded by Massachusetts Avenue to the South
Chickering Road to the West, Land of Thomas tg the East.
Referring to the above petition for a special permit from the requirements
of the . .NoL th. Andover. .Zoning. ayjaws. rS.eg�j4�L. �. , .3�?d. 6SgGt4Qu�. 1.0.•.1 . . .. . . .
Independent Elderly Housing and Special Permit
so as to permit coxistrucJ:�i.an .of. aA .Independent.E1.der 1y. He usilag. Project
containing 54, housing ,units or} ,a,parcel ,eopt,�ir} g, ,'�,3L,5,dC]re.S .more. .or less.
. . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
to AV.RrQwe ;. . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
See Attached:
CC: Director of Public Works
Board of Public Signed
Highway Surveyor Paul He
Tree Warden . . . . . . . . .�$irpP . .Ctl3�
Conservation COmmission
Building Inspector . George.Perna,. .Vice, Chairman
Board of Health
Assessors Erich Nitzsche
Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Chief .pg1�hael.Lea��. . . . . . . . . . . . . . . .
Applicant, Engineer
File, interested Parties
. .. . . . . . . . . . . .. . . . . .
I �pawrH
OFFICES OF: Town Of RECHn Street
APPEALS NORTH ANDOVER W4,T1 tgficataindover,
BUILDING b �• To*4 rP1$�s�Enusetts o I s4s
CONSERVATION CX°sDIVISION OF
NQR1t1 {'1~}4 9994775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPME w
KAREN H.P. NELSON, DIRECTOR
December 6, 1988
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re: Lindsay Development
Samuel Phillips
Common, Special
Permit under
Section 14 & 10. 3
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
September 22 , 1988 in the Town Hall, Selectmen' s Meeting Room. The
hearing was duly advertised in the North Andover Citizen on September 8,
and September 15, 1988. The meeting was called to order by the
Chairman, Paul Hedstrom. Also present were George Perna, Vice Chairman;
John Simons, Clerk; Erich Nitzsche and Michael Leary.
The petitioner seeks approval to construct an Independent
Elderly Housing Project called "Samuel Phillips Common" under Section 14
and Section 10. 3 of the North Andover Zoning Bylaw. The Independent
Elderly Housing Project will contain 54 housing units on a parcel
containing approximately 13. 5 acres, more or less. The land involved
with this application is shown on Assessor Maps 58/59 as Parcel 15 and
is generally bounded by Massachusetts Avenue to 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 hearing .
Letters were received and read from the Fire Department.
Samuel Thomas, Lindsay Development, spoke to the Planning Board
and thanked them for allowing him time to present the proposed plans to
them. Gary Puryear, Moriece & Gary, Landscape Architects, also thanked
the Board and the various departments for the cooperation. A model of
the proposal was brought before the Board. The proposal is located on
Mass. Avenue at the intersection of Route 125. There will be six (6 )
buildings with a one way drive. There will be a village house for
activities, a common, tennis court and putting green.
Page 2 :
George Perna questioned why there were changes from the original
plans the Board had seen. Gary Puryear stated that the chief reason was
the garages will be closer to the buildings. The garages were on the
Opposite side of the road, now adjacent to the buildings, trying to
maintain most of the existing conditions in the area. Scottt
Town Plan
S ockin
g,
� ner, asked if the garages could be shifted to either side of
the buildings. Mr. Puryear said it could be done but there would be
cutting in the wooded area. Samuel Thomas stated that a complete
feasibility study was done and the plans reflect that study.
John Simons questioned the lot being a different parcel than
shown before Town Meeting. He further said the Board gave a preliminary
approval to a site plan based on a parcel that is not the same as
shown. Erich Nitzsche stated that a Form A Plan was approved by the
Board a few weeks ago for a portion of the parcel. Paul Hedstrom said
there were a number of discussions on this proposal but this is the
first public hearing on the Special Permit. George Perna and Erich
Nitzsche expressed concerns about the possibility of other Form A lots
along Osgood Street.
Scott Stocking, Town Planner, said their concerns could be
addressed by placing a condition in the decision that no Form A lots
will be allowed on the remainder of the property along Osgood Street.
Paul Hedstrom explained that the Attorney General Office, ruling
on Article #28, struck down the provision in the article relating to
Town Meeting authority and that in effect now is a Bylaw. Scott
Stocking, Town Planner, further commented that from preliminary plans to
definitive plans there will be changes. John Simons expressed concerns
with the changes.
Jim Vileco, architect, stated that there will be nine units per
building, four units per floor, with one penthouse per building. The
buildings to be wood frame with pitched roofs. The garages are to look
like carriage houses. The units will be from 1,450 sq. ft. to 1 ,909
sq. ft.
Phil Christiansen gave Erich Nitzsche additional drainage
calculations. He said that there would be no increase to the drainage
and that a pervious pavement would be used on the roadway for drainage
from the roofs. Also that there was no increase in peak flow rates and
no increase in volume. Bill Hmurciak, D.P.W. , stated that there was a
drainage problem down stream near Autran Avenue and expressed concerns
with off-site drainage.
Scott Stocking, stated that he had received a call from Dave
Charette, District #5 D.P.W. , and he would like to meet with Phil
Christiansen regarding a sewer connection permit from the State if there
is an impact. Erich Nitzsche expressed that he would like to meet with
Phil Christiansen, Bill Hmuricak, D. P.W. , and Scott Stocking, Town
Planner to go over the drainage calculations.
Page 3:
Gerry Berube, an abutter expressed concerns with lights
reflecting in her house. She also stated that the abutter were told
they could express their concerns and feels that the abutters were
mislead on the project.
Elizabeth Pendak, Chickering Road abutter questioned the
easement and the size of the proposed project. .
Erich Nitzsche requested that the road be staked for a site
visit. John Simons asked about the screening of the proposed project.
Gary Puryear stated that trees will be relocated to reinforce screening.
Paul Hedstrom asked what the distance was between the building and the
common area. Gary Puryear said that it was 130 feet.
Marty Kennedy spoke on the Traffic Impact Study that was done.
The study indicated that there would be low generated traffic.
A motion was made by George Perna to continue the public hearing
until October 20, 1988. The motion was seconded by Erich Nitzsche and
the Board voted unanimously.
Due to the lack of a quorum the Planning Board meeting scheduled
for October 20, 1988 was rescheduled to October 26 , 1988. The meeting
was held in the Town Hall, Library/Conference Room. The meeting was
called to order at 8: 14 p.m. by the Chairman, Paul Hedstrom. Also
present were George Perna, Vice Chairman and Michael Leary. Erich
Nitzsche arrived at 8s30 p. m. John Simons was absent.
Scott Stocking, Town Planner spoke on issues to be discussed,
possibly the drainage . The applicant would prefer that there were five
members present during the hearing. Scott Stocking stated that the
public hearing was not at the stage to be closed and that some issues
could still be discussed.
Gary Puryear, Site Planner and Landscape Architect, recapped the
proposal with aerial photographs of the site showing the location of the
project. He stated there were several things being proposed for the
project:
1 . Standard subdivision which has approval from the Board;
2• Cluster proposal that went before Town Meeting for
concept in R-3 Zoning District;
3. The plans submitted to the Planning Board after
approval for concept at the Town Meeting.
Overlays for parking were presented to the Board. The question
of vegetation g being removed was brought up by George Perna. Mr Puryear
stated that the additional vegetation would be planted to screen the
project from the abutting properties.
Page 4:
Questions were raised by the Board about whether Phillips Brooks
Road was a paper street with the possibility that it is owned in part by
an abutter. Clarification of the road issue, whether it is part of the
subdivision or abutting land was requested.
Phil Christiansen stated that the deed shows the property line
at the stone wall. Erich Nitzsche said if that was the case then the
Phillips Brooks Road was not part of the proposed project. ,
Gary Puryear stated that a marketing study had been done and the
need for more two bedroom units was brought out in that study. The
footprint of the building has changed to reflect that study. George
Perna asked the length of the buildings. Gary Puryear answered the
longest building was 110 feet.
Gary Puryear stated that the questions of service water run-off
and distribution of utilities were brought up and that the Board
suggested that a meeting be set up with the State D.P.W. to go over
any impact that they might be uncomfortable with. Mr Puryear then
turned those questions and issues over to Phil Christiansen. Phil
Christiansen stated that he had meet with the State D.P.W. , District
#5. The drainage system is under sized. There is no increase in peak
flow or volume. The sewer is the Towns and a sewer extension permit is
needed.
Erich Nitzsche asked how mitigation of run-off was being taken
care of for the site. Phil Christiansen replied in several ways:
1 . pervious pavement to be used
2 . two areas (30,000 sq. ft. ) will be excavated and filled
with 3 feet of sand
Following a lengthy and technical discussion on mitigation and
drainage , Bill Hmuricak had questions on the calculations and whether
the retention method would work. Phil Christiansen said that it was a
different method and it does work.
Bill Hmuricak, Erich Nitzsche and Phil Christiansen will be
meeting to go over the design and calculations.
Gary Puryear spoke on lighting, signage. curbing, and a guard
house and that the questions on those issues were in the documents
presented to the Board.
Paul Hedstrom asked if anyone in the audience wanted to comment
on the proposed. There was no response .
Erich Nitzsche spoke on a letter dated October 6 , 1988 from
Lindsay Development and took exception to the last sentence in paragraph
2 , stating this is a result of the Boards approval on an ANR (Approval
Not Required) Plan submitted in September - it is not the result of the
Planning Board approval, it is the result of their submittal of the plan.
A motion was made by George Perna to continue the public hearing
until November 17, 1988. The motion was seconded by Erich Nitzsche and
voted unanimous by those members present.
Page 5:
On November 17, 1988 the Planning Board held a regular meeting
in the Town Hall, Selectmen's Meeting Room. The meeting was called to
order at 7 : 45 p.m. by George Perna, Vice Chairman. Also present were
Erich Nitzsche and Michael Leary. Chairman, Paul Hedstrom arrived at
8:08 p. m. John Simons was absent.
Scott Stocking, Town Planner stated that he had received a letter
from DiCara, Selig, Sawyer & Holt, the attorneys for Samuel Thomas, on
the issue of Phillips Brooks Road. The letter stated that Phillips
Brooks Road is in fact a private way and thus should be owed, along with
a one to two foot "spite strip" , by the successors to the title of the
Edmund M. Warren Realty Company. Present at the meeting was Asa E.
Phillips III , attorney from DiCara, Selig, Sawyer & Holt. He further
elaborated on the Phillips Brooks Road.
Gary Puryear summarized the issues that remained. Those issues
were:
1 . drainage calculations
2 . easement along Phillips Brook Road
Phil Christiansen commented on the calculations and that he gave
Bill Hmurciak those figures along with the 2, 10 and 100 year storm
event. Because of the Boards concerns with the calculations and the
drainage, Phil Christiansen supplied the Board with design drawings with
new calculations. The 2 10 and 100 years storm events figures were
reduced with the new design.
Paul Hedstrom said that As-Buit Plan will be a requirements in
the decision.
Gary Puryear showed the Board two scenarios of parking on the
Phillips Brooks Road end of the development.
A motion was made by George Perna to close the public hearing
and take the matter under advisement and instruct staff to draft a
positive decision. The motion was seconded by Erich Nitzsche and voted
unanimous by those members present.
On December 1 , 1988 the Planning Board held a regular meeting in
the Town Hall Selectmen' s Meeting Room. The meeting was called to order
at 8s05 p.m. by George Perna Vice Chairman. Also present were Erich
Nitzsche and Michael Leary. Paul Hedstrom, Chairman arrived at 8: 20 p.m.
Scott Stocking, Town Planner, presented the Board with a draft
decision. Scott stated that the applicant asked that a change be made
in the decision on the last page item #9, regarding an optic system for
the fire department. Applicant requested that an amount be placed in
the condition not to exceed $9,000.
Paul Hedstrom asked how the applicant would guarantee that a
person would have to be 55 year of age or older to be eligible for
residency. Samuel Thomas said a covenant will be placed on the property
to ensure that one of the residents is 55 or older.
Page 6 :
Erich Nitzsche commented on Item #3 - the last sentence - the
word
to to be replaced by "for" approval by the Planning Board.
Item #7 - the words "A plan" will be replaced by "The plan" . In Section
B (d) to be placed in Section A Condition #9.
George Perna wanted the Planning Board to review the screening
of the property upon completion of the landscape architect screening
around the new road which will be subject to Planning Board approval.
Paul Hedstrom wanted technical language put in on protecting the
Independent Elderly character of the project, to be filed at the
Registry of Deeds Office with the plans.
A motion was made by Michael Leary to approve the draft decision
subject to adding the amendments discussed by the Board. The motion was
seconded by George Perna and voted unanimously by the Board members
present.
Sincerely,
PLANNING BOARD
Lam.
Paul A. Hedstrom, 9e:�.
Chairman
CC . Director of Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Board of Health
Building Inspector
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
Lindsay Development Corporation
Samuel Phillips Common
Special Permit - Independent Elderly Housing
Conditional Approval
The Planning Board makes the following findings on this Special Permit
Application as required by Section 10. 31 of the Zoning Bylaws
a. The specific site is an appropriate location for such a use,
structure, or condition;
Since the project is designed to represent a traditional New
England common which is in keeping with the surrounding
character of the neighborhood. Further the architectural
design of the structures and the overall site plan before us
is sensitive to the historic significance of the site and
furthers the goals and objectives of the adjacent Historic
District Commission of the Town of North Andover.
b. The use as developed will not adversely affect the
neighborhood;
Since the site plan incorporates significant setbacks for
proposed structures, utilities and entrances and maintains the
existing vegetation found on the perimeter of the site.
Further, the project is of such design quality that this Board
finds the project will be a welcome addition to the neighborhood
and the community as a whole.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians;
Since the vehicular access to the site and related traffic
improvements called for in this decision will promote safe
automobile access to the project. In addition pedestrian
access within the project and connections to the sidewalks
along Mass. Avenue will promote safe pedestrian access to
the Town Common and old Center for residents of this
development.
d. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use;
As conditioned in this decision by incorporating Town
Department recommendations regarding proposed facilities to
be built within the project.
e. The Board finds that the Special Permit before us adheres to
the purpose of the Independent Elderly Housing Regulations
contained in Section 14 of the Zoning Bylaw, since this
project will provide an alternative form of housing and
environment not currently offered to elderly citizens of the
Town and the design of the facility is in keeping with the
Towns traditional residential character and preserves open
space and land characteristics significant to the Towns
overall quality of life.
Y .
f. This approval is for 54 housing units placed upon a 13. 5
acre site, which meets the zoning requirements contained in
Section 14 of the Zoning Bylaw.
g. Finally the Planning Board finds that the use is in harmony
with the general purpose and intent of this Bylaw.
Therefore, upon making the findings cited above, the Planning Board
hereby conditionally approves the Special Permit Application before us
as contained in this decision:
A. Conditions Prior to Planning Board Signature
The following conditions shall be adhered to prior to the Planning Board
signing the plans and this special permit is filed with the Registry of
Deeds Office:
1 . All drainage shall be designed in accordance with the
requirements of D.P.W. The Board shall be notified in
writing from the D.P.W. that the final design for
controlling stormwater drainage meets Division requirements
and is approved by the Division.
2 . Signature block for the Planning Board shall be placed upon
the plans along with a Clerks Certification Statement as
required for Special Permit filings.
3. Official verification by the State D.P.W. that this project
does not require a MEPA Permit. If a MEPA Permit is
required this project shall not proceed until the MEPA
Permit is granted by the State. Any significant changes to
the plans before us by State review shall be reviewed for
approval by the Planning Board.
4 . A historic preservation restriction and/or donation of the
fee of the four Form A Lots adjacent to Osgood Street shall
be granted to a private nonprofit agency or public entity
which has the ability to accept such a gift prior to the
issuance of a Building Permit for structures contained
within this project. The Board places this requirement upon
the applicant in order to maintain the historic character of
Osgood Street and the neighborhood as a whole. A further
restriction shall be placed in the record title to the
property protecting the independent elderly character of the
project. The form of such restriction shall be approved in
writing by the Planning Board prior to the issuance of any
Building Permit for this project.
5 . The parking area adjacent to Phillips Brooks Road shall be
screened as designed by the applicants landscape architect.
6 . Screening as designed by the landscape architect shall be
placed adjacent to the homes located on Mass Avenue.
S V
7 . The plan shall contain a "No-cut Line" which shall indicate
where areas of existing trees shall be maintained. No tree
cutting, filling, grading or disruption of the understory
vegetation shall be allowed within the "no-cut" areas.
S. The roadway shall be expanded along the west side of Mass.
Avenue to allow a passing lane to avoid left turning traffic
off Mass. Avenue into the project. The roadway improvements
shall be constructed in accordance with D.P.W. standards.
9 . The applicant shall provide funding, not to exceed $9,000,
to the Fire Department for the installation of an emergency
optics system to be installed on the Mass Avenue/Route 125
traffic light. This system was requested by both the Fire
and Police Department in order to improve emergency access
to this project and area of the Town.
a. Two additional fire hydrants shall be placed on-site.
One adjacent to the gazebo and one hydrant placed
between buildings 5 and 6 adjacent to the driveway.
B. Conditions Filed with the Registry of Deeds Office
The following conditions shall be filed with the Registry of Deeds
Office in order for the project to meet Town Bylaw requirements:
1 . As per the requirements of the Fire Department contained in
an April 8, 1988 memo:
a. All buildings shall be residentially sprinklered in
accordance with NFPA 13 D Requirements.
b. The watermain shall be connected from Mass. Avenue to
Osgood Street.
C. The walkway paths within the common area shall be
constructed with precast concrete blocks which allows
grass to grow or other material approved by the
Planning Board to allow emergency vehicles access to
the rear of the structures. All plantings shall allow
for a 15 ' wide unobstructed path to allow truck access.
2 . A certified As-Built Plan shall be submitted by a registered
engineer for Planning Board approval prior to the issuance
of any Certificate of Occupancy for a structure, contained
within this project.
3 . Any signage utilized for this project shall obtain a
building permit and adhere to Town Bylaws.
4 . All lighting provided for this project shall not cast light
onto adjacent property or roadways.
5 . Screening around the roadway areas contained within this
project shall be reviewed and approved by the Planning Board
upon installation of thematerial the applicant.
The following plans shall be deemed part of this decisions
Plans prepared by Christiansen & Sergi, Engineers and Moriece & Gary,
Landscape Architects, for Samuel Phillips Common for Lindsay Development
Corporation, SPA-1 through SPA-5 inclusive, dated 9/6/88.
MEWED
DAWEL LS No
FORM B TOMM vu u
XftT 4 AN ROVER
APPLICATION FOR APPROVAL OF A PRELIMINARY P��
fo In
February 5, r 1988
To the Plaening Board of the Town of North Andover:
The undersigned* being the applicant as defined under Chapter 41, Section 81-L,
for approval of a proposed subdivisionshownon a plan entitled
Phillips Farm
By Christiansen &Sergi , Inc . dated February 5, 1 19 88
being land bounded as follows:
North by Phillips Brook Road , East by Osgood Street , West by_-__
Chickering Road (Route 125) , South by Massachusetts Avenue.
Edward and Dina Kawash , Carmelo and Nancyne Forzese.
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title reference: North Essex Deeds, Book 6 2 8* Page 2 5 2; or
Certificate of Title No. Registration Book Page.; or
Other:
cant's siggn//ature: //��
Received by Town Clerk: 7HA�i op, k /L A'?„��F aP � a
Date: Applicant's address
Time:
Signature: owner's signature and address if not the
applicant:
Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary
Subdivision Plan entitled:
By: dated
1. The North Andover Planning Board has tentatively approved said plan, with—
out any modifications thereof.
2. The North Andover Planning Board has disapproved said plan, for the
following reasons:
3. The North Andover Planning Board has tentatively approved said plan,
subject to the following modifications thereof:
Very truly, yours,
NORTH ANDOVER PLANNIM BOARD
By
Date:
Received by Town Clerk :
f
RECEIVED FORM A
PAID
DANIEL
[UW EL LONG
NOR"j%'ZVEATION FOR ENDORSEMENT OF PLAN
BELIEV NOT TORE UIRE APPROVAL
S E-aT: 9 19 88
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 sub-
division 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 , OSVaoT'D STr or a private way , namely ,
being ,land bounded as follows :
',(3y oSb6o-0 sT', S0u"r"E7R\..y
N�F C=o'P�ZESE WOsT}{E.-R t A�•1D OF
-PS
2 . The division of land shown on the accompanying plan is not sub-
division for the following reasons :
1H E-R E t S _-Ft C C%u CR E77 1�4 O S G oaD
ST. wH kC,\-\ 2.
3 . Title reference North Essex Deeds , Book G Z8 Page Z Sz or
Certificate of Title No . — Registration Book
Page r
Applicant ' s Signature : Owner ' s signature and address if not
the applicant :
Applicant ' s Address :
L I N DSAY DEVEL0IDMEN1 QeP.
r
Received by Town Clerk :
` RECEIVED
DANIEL LONG ,
' TOWN CLERK
NORTH ANDOVER
SEP 14 12 as M. '88 ;
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
I . 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 th_ Andover Planning Board has determined--that said plan
shows a subdivisilon, �defined by G . L. -c. 41 , s . 81-L , and
must therefore be re-submit-ted�to. it for approval under the
Subdivision Cont r6l Law.
Very truly yours ,
NORTH ANDOVER PLANNING BOAR
By .
Date :—
i
DIVISION OF PLANNING AND RECEIVED
COMMUNITY DEVELOPMENT DANIEL LONG
TOWN CLERK
TOWN OF NORTH ANDOVER NORTH ANDOVER
MASSACHUSETTS SEP 6 12 s6 M '18
PLANNING BOARD
APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT
Under Section 8.3 of the Town of North Andover Zoning Bylaw.
1 . ) Applicant/Petitioners; L.JtiD�Q,2CV GV2 ra►
L - .1
Address: t�i£Lb - A" IfILSO
Phone: (o
2. ) Ownership : L17. G1 . pa-aye4 ' GL
Address: `5W ab�A ; �.brfAA�STa4PJI fel 02t$5
Phone: -(AML) sNlA. D018
3. ) Location of the project : NAA!�6AfQ, ystae-rr!!5, ANO�3J *e
Address: CA41 �nyq 0-nAp
Assessors Map # :
Deed Recorded in: f110 SSC.
Registry of Deeds Book (a2Page 2_52 _ or Land Court
Certificate No . _ Book _ Page _
4 . ) Size of the Bui ld inga__Jl(•o , SSD _ square feet
Height 2 Stories Feet
Occupancy or Use __ �i�rff•� l1
Type of Construction
5. ) Size of Existing Building fLQ.Ily
Height Stories _ Feet
Occupancy or Use
Type of Construction J
6. ) Classification of the froject (See Section 8.33 of the Zoning Bylaw)
Major ✓ [ 7 1D AegsL �
Intermediate _
Minor
INFORMATION REQUIRED FOR SITE PLAN REVIEW
TYPE OF DEVELOPMENT PROPOSED
MAJOR INTERMEDIATE MINOR TYPE OF INFORMATION REQUIRED
X X X 1 . North Arrow/Location Map
X X X _✓ 2 . Survey of the Lot/Parcel
X X X __� 3. Name/Description of Project
X X X ✓ 4 . Easements/Legal Conditions
X XX ✓ 5. Topography
X X _ X ✓ 6. Zoning Information
X X X 7. Stormwater Drainage Plan
X X X 'y 0. Building ( s) Location
X X X9. Location of Parking/Walkways
X X X ^V4 10. Location of Wetlands p`
X X X ��_ -11 . Location of Walls/Signs
X X X 12 . Location of Roadways/Drives
X 0 0 _ 7 13. Outdoor Storage/Display Area t4.h.
X X _ 0 V 14. Landscaping Plan
X X 0 ✓- 15. Refuse Areas
X X 0 �- 16. Lighting Facilities
X 0 0 ✓ 17. Drainage Basin Study
X 0 0 J 18. Traffic Impact Study
X 19 . Commonwealth Review 1�1•Q .
X Required Information
0 Information may be requested by the Planning Board
7 . ) Please supply ten ( 10) copies of the above information to ttie Town
Planner with this application.
8.J Advertising Fee:
Filing Fee: I rp +
9- ) Petitioners Signature:
f�
P
71tc* i
"iA s C��'S tk.
Every application for action by the Board shall be_fmade 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 mere notice of intention to seek relief until such
time as it is made on the official application form. All information
called for by the form shall be furnished by the applicant in the manner
therein prescribed in accordance with the requirements of Section 8.3.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner , abutters, owners of land
directly opposite on any public or private street or way and abutters to
1-4� the abutters within three hundred (300) feet of the property line
all as they appear an the most recent applicable tax list ,
notwithstanding that the land of any such owner is located in another
city or town, the Planning Board of the Town and the Planning Board of
every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS p(�n 2 ArbM6
r i
ADD ADDITIONAL SHEETS, IF NECESSARY
ANY QUESTIONS SHOULD BE DIRECTED TO THE PLANNING OFFICE AT 685-4375