HomeMy WebLinkAboutNOLAN, JOHN i f
MUM HIH
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TOWN OF NORTH ANDOVER OANiEt1lL
TOW4 EVER
MASSACHUSETTS NORM ,`{
JUL -V ny
f NORTH t 9 ' 44
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Any appeal shall be filed
within (20) days after the
�53�{
date of filing of this Notice CNUSet4g
In the Office of the Town
Clerk. NOTICE OF DECISION
Date.luLy. J.8.,, d989. . . . . . . . .. . . . . . .
Date of Hearing . July.l3. .19$9. . .
Petition of John.J..Nolan: Parthenon Development Corp. Inc.
. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
Premises affected , play. Fit, Hill, Chestnut STreet. . . . . . •.. . . . . .
Referringto the above petition for a special permit from the requirements
of the
so as to permit .tkae. cp;4struct}pp. pt, 44, �glwp. . .17.WiWrivi ,ggrjtqirjiijq .4 ,tq 3 units
After a public hearing given on the above date, the Planning Board voted
Conditionally
to •APPRova . . . • • • • •the Special Permits. . . . . . . . . . . . . . . . . . .
• . .
based upon the following conditions:
cc: Director of Public Works
Board of Public Works Signed
Highway Surveyor
Building Inspector George.EezAa. .dz. .Chai.rlAarl . . . . . .
Board of Health
Conservation Commission John.SiraonS» .Glezk . . . . . . . . . . . . . .
Assessors
Police Chief ErlCh.Allt2SCh@ . . . . . . . . . . . . . . .. . .
Fire Chief
Applicant �i0401 .T+e4ZY. . . . . . . .. . . . . . . . . . .
Engineer
Interested Parties
File .. . . . . . .planning B oard
"' ,� Town of
OFFICES OF: 3r •�� �.<g 120 Main street
BUILDING �. NORTH ANDOVER North Andover,
CONSERVATION Massachusetts 01845
HEALTH DIVISION OF (508) 682-6483
a
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
July 18 , 1989
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re : Rosemont, PRD
Planned Residential
Development, Special
Permit under Section
8. 5 of the Zoning Bylaw
Dear Mr . Long :
The North Andover Planning Board held a public hearing on March
16 , 1989 in the Town Hall, Selectmen' s Meeting Room. The hearing was
duly advertised in the North Andover Citizen on March 2, 1989 and March
9, 1989 and parties of interest were properly notified. The meeting was
called to order by the George Perna, Vice Chairman. Also present were
John Simons , Clerk and Erich Nitzsche . Paul Hedstrom, Chairman, arrived
at 8: 55 p . m. Michael Leary was absent.
The petitioner seeks approval to construct a Planned Residential
Development (PRD ) containing 44 housing units, pursuant to the
provisions of M.G. L. Chapter 40A, Section 9 and under the requirements
of the Zoninq Bylaws, Section 8 . 5 and Section 8. 3 of the Town of North
Andover. The parcel of land contains 45 . 8 acres of land and known as
Clay Pit Hill .
John Simons read the legal notice to open the public hearing. A
letter from the Fire Department was also read.
John Nolan, Parthenon Development, spoke to the Board on what
was being proposed .
1 . 44 homes - 17 buildings containing 2 to 3 units
2 . Located off Chestnut Street near Mill Road on
approximately 46 acres.
3 . 65% open space .
4 . Maximum 3 units per building
5 . Units to be from 1 ,800 sq. ft. to 2 ,800 sq. ft.
6 . 2 and 3 bedroom units with 2 car garage
7 . Tennis court, putting green
Page 2 :
Nancy Leask, Land Planner for Sasaki Associates, spoke on an
emergency access road from the Holly Ridge Subdivision. Ms . Leask
showed the Board a cross section of the property and elevations.
Rip-rap to be placed in two sections .
Paul Hedstrom asked the grade of the road. John Nolan said the
grade of the road was 8 . 30 .
Henry Fink, Turnpike Street, questioned the word grant in an
easement. John Nolan said grant was to homeowners .
Veronica Mandry, Summer Street, questioned the percentage of
open space and where is the water going to flow. John Nolan addressed
the question on the flow of the water. He said that there would be a
series of detention ponds and that the rate of flow was the same.
Phil Christiansen, Christiansen & Sergi , spoke in behalf of ZMC
Trust. He submitted a letter regarding the pump station. John Nolan
cited that the first choice was Holly Ridge pump station, the owners of
Holly Ridge wanted a substantial amount. Mr. Nolan said that he chose
the Osgood pumping station.
A brief discussion took place on the drainage. Mr. MacLeod said
there were off-site drainage improvements . George Perna wants minus
impact on Mosquito Brook.
A motion was made by John Simons to continue the public hearing
until the First meeting in April and schedule a site visit. The motion
was seconued by George Perna and voted unanimous by those present.
On April 27 , 1989 the Planning Board held a regular meeting.
The following members were present: George Perna, Vice Chairman; John
Simons, Clerk; Erich Nitzsche and Michael Leary. Paul Hedstrom arrived
at 10 : 25 p. m.
John Nolan recapped the drainage analysis . He said the sewer
would tie into the pumping station at the Holly Ridge Subdivision and
that a drainage analysis was done on Mosquito Brook watershed. The
preliminary results were zero (0 ) run-off in the 2 , 10, 25 and 100 year
storm event. John Showed the Board front and back views of the two unit
buildings . Each unit is single family. Photos of the rip-rap to be
used at the entrance to the project were shown.
George Perna questioned the number of units . John Nolan said
that forty-four ( 44 ) units were proposed. George also stated that the
subterria.n water was a big problem, that under ground streams ran to
Mill Road. Erich Nitzsche said that ground water tables were needed.
John Nolan said he would check with his engineer for those tables .
george Perna asked if there was a problem with the many concerns the
Board ani' Town Departments had, a total of seventy ( 70) . John replied,
no and he would be ready for the May 11 , 1989 meeting.
A motion was made by John Simons to continue the public hearing
until May i" , 1989 . The motion was seconded by Michael Leary and voted
unanimous by those present.
Page 3:
The North Andover planning Board held a regular meeting on May
11 , 1989 . The following members were present: George Perna, Vice
Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. Paul
Hedstrom arrived at 10 : 05 p. m.
John Simons read the letter Chris Huntress sent to the
applicant. John Nolan presented the Board with a package that addressed
the concerns that the Board had with the proposed project.
George Perna stated that he was still concerned with the
subsurface water. Bill MacLeod explained to the Board the water
tables. There is a new drainage system on Chestnut Street. David
Gorden, Andover Consultants; Kurt Young, Wetlands Protection, Inc; spoke
on drainage .
John Cronin, resident, had a lengthy discussion with Bill
MacLeod on the drainage . Katherine Lawery commented on health concerns
and the intormation submitted .
A motion was made by George Perna to close the public hearing,
review the documents in the file and draft a decision. The motion was
seconded by Erich Nitzsche and voted unanimous by those present.
On June 15 , 1989 the Planning Board held a regular meeting in
the Library/Conference Room. The following members were present: George
Perna, Vice Chairman; John Simons, Clerk; Erich Nitzsche and Michael
Leary. Paul Hedstrom, Chairman, arrived at 8: 35 p. m.
A motion was made by George Perna to accept the Form A Plan for
Rosemont. The Board to get the final draft of the approval . A motion
was made by George Perna to approve the PRD for Rosemont subject to the
Board reviewing the draft decision prepared , supplemented by a letter
from D. P .W. for their requests, John Simons input and Erich Nitzsche ' s
input. The motion was seconded by Erich Nitzsche . The proposed project
will be done in phases. The project will take three years . George
Perna will have the ultimate signing authority. John Simons requested a
bond for erosion control. John Simons asked for a condition. on
screening. After this discussion the Board voted unanimously.
On July 13 , 1989 , the Planning Board held a regular meeting.
The following members were present: George Perna, Chairman; John
Simons, Clerk; Michael Leary and Erich Nitzsche .
Rosemont PRD was put on the agenda for discussion at the request
of John Nolan. Chris Huntress, Environmental Planner, had the final
draft of the decision .
George Perna said that the only issue remaining was the bonding
for erosion control of the road . Erich Nitzsche asked if Mr Nolan had
received a letter from the owner of Holly Ridge for permission to tie
into the sewer. Mr. Nolan said there was a letter and it should be in
the file . George Perna wanted a condition added to the approval, that
any deviation of the plans/profile will be submitted to the Planning
Board for approval . George also wanted the following as a condition:
"Construction shall commence within one year and shall be completed in 5
years as of the date of this approval or the applicant shall appear
before the Planning Board.
_aye 4 .
John Simons asked about phasing of construction. Ellen Murphy
said the phasing was delineated on the plans by different colors .
The Board members also wanted a bond for erosion control put in
a condition. The amount of the bond to be $20,000 . 00 .
A motion was made by John Simons to approve the Rosemont PRD
Project su;oject to the written list of conditions with the following
edits; as written, 27 conditions plus :
Condition #14 after the word "minimum" insert "and shall be in
accordance with the submitted plans .
Condition #26 indent a. ) Construction shall commence within one
( l , year and shall be 100% complete within five ( 5 ) years of the
date of this approval or the applicant shall appear before the
Planning Board; and b) . The phasing of construction shall be in
accordance with the detailed plans submitted by the applicant.
Add: Condition: The applicant shall provide adequate bonding for
erosion and sedimentation control in the amount of $20,000.
Erich Nitzsche wanted a condition added : "Any substantial
deviation from submitted building profiles , sections, elevations or
footprints shall be resubmitted to the Planning Board for approval.
The :notion was seconded by Erich Nitzsche and voted unanimously
by the Board to approve the Rosemont PRD .
Sincerely,
PLANNING BOA
Georg Perna �
Chairman
/ jle
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Rosemont PRD , Conditional Approval
1 . As-built Plans and profiles shall include the edge of "trunkline" of
the woods to insure compatibility with drainage computations .
2 . Plans show one bench mark on Sheet 6 which does not indicate datum.
In accordance with the Planning Board Regulations , there shall be a
separate bench mark on each plan/profile sheet which shall be saved
during construction.
3 . Detention basins shall be dimensioned to readily determine if design
complies with the As-built Plans .
4 . Any portion of "Rosemont Drive" where the grades exceed 6% , shall have
granite curbing installed.
5 . Prior to occupancy, all units shall have residential fire sprinklers
installed.
6 . :Hydrants shall be installed as determined by NAFD .
7 . Fire Alarm and detection devices ( systems ) to be approved by the NAFD .
8 . A gate shall be installed at the emergency access off of Holly Ridge
Road. A supra box shall be installed and necessary keys given to the
NAFD
9 . Within all phases of construction, all drainage facilities including
detention basins shall be constructed and erosion controlled prior to
issuing a Certificate of Occupancy for any units within that phase .
lid. Definitive PRD Plans shall clearly show proposed roadway dimensions
throughout, including tangent radii , total length and control angle of
each and every curve .
11 . As-built Plans and profiles shall be submitted to the Planning Board
for approval prior to final release of DPW bond money. The As-built
Plans shall also include topographic plans of all detention ponds.
12 . All Planning Board Order of Conditions are to be filed together with
the Special Permit at the Registry of Deeds.
13 , Throughout all lands, tree cutting shall be in accordance with the
submitted plans and shall be kept to a minimum in order to minimize
erosion and preserve the natural features of the site . Also, the
developer shall inform the Town Planner when significant tree cutting
is to occur in order that the Planner may determine the need to be
present.
14 . The contractor shall contact Dig-Safe at least 72 hours prior to
commencing any excavation.
15 . Gas, telephone, cable and electric utilities shall be installed as
specified by the respective utility companies .
16 . Ali catch basins shall be protected with hay bales to prevent
siltation into the drain lines during road construction.
17 . No open burning shall be done except as is permitted during burning
season under Fire Department Regulations .
18 . No underground fuel. storage facilities will be installed except as may
be required by Town Regulations .
19 . Permanent house numbers will be posted on dwellings prior to occupancy,
20 . Stop signs shall be located at the entrance onto Chestnut Street, and
at all intersections leading into Rosemont Drive .
21 . Wetland Preservation Ines Report refers to a "Program Coordinator" .
T e Planning Board shall require that Wetlands Preservation Inc . be
the Program Coordinator. If WPI is found to be unsuitable for this
position by either party involved, then the Town Planner shall approve
a suitable replacement at the developers expense .
22 . The maintenance and operation of the proposed booster water pumping
station will be the responsibility of the owner. The station shall
not reduce the residual pressure in the Chestnut Street water main to
less than 20 psi under any operating condition. The final design of
the pumping station, including the location, site grading, landscaping
and appurtenances of the booster station shall be shown on the plan,
and shall be subject to review and approval by the North Andover DPW.
23 . The invert of the sewer at the manholes of station 4 + 0 on the
emergency access lane shall be lowered to provide proper vertical
separation between the water and sewer mains .
24 . A sewer system extension permit from the Division of Water Pollution
Control of the Mass . Department of Environmental Quality Engineering,
and written permission from the owner to enter the Holly Ridge Road
Pumping Station must be obtained prior to issuance of a sewer
extension permit by the Division of Public Works .
25 . Permission to open the street and construct roadway and utilities
within the Holly Ridge Road right-of-way must be obtained from the
owner of that subdivision prior to the applicant receiving a
Certificate of Occupancy for any dwelling .
26 . The following construction schedule shall be part of this conditional
approval :
a. Construction shall commence within one ( 1 ) year and shall be
100% complete within five ( 5 ) years of the date of this
approval or the applicant shall appear before the Planning
Board.
b. The phasing of construction shall be in accordance with the
detailed plans submitted by the applicant.
27 . The applicant shall provide adequate bonding for erosion and
sedimentation control in the amount of $20,000 .00
28 . Any substantial deviation from submitted building profiles, sections,
elevations or footprints shall be resubmitted to the Planning Board
for approval .
The following plans are deemed approved by this decision:
Plans Entitled: "Rosemont" Definitive Site Plan.
Dated: February 28, 1989
Revised: May 11 , 1989 .
Sheets L1 thru L27
CC : Director of Public Works
Board of Public Works
Highway Surveyor
Conservation Commission
Building Inspector
Board of Health
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
'T
DIVISION Of- PLANNING AND
COMMUNITY DEVELOPMENT
TOWN OF NORTH ANDOVER
MASSACI•IUSETTS
PLANNING` BOARD.. rn
APPLICATION FOR' SITE PLAN REVIEW - SPECIAL PERMIT, ago . o�=
� rn
Under Section 8..3 .of the Town', of North Andover Zoning; Bylaw. r r,r c*+
rn
r o:;az--)
1 . ) 'Applicant/Pet it.ioners : John J. Nolan �"
Address. 853 Turnpike Street North Andove'r, MA01845 c�
:Phone:F.
689-8900 .. - _•� co
2. ) -Ow ner'sh ip : Parthenon Development Group, Inc.
`Address: . 853 Turnpike Street North Andover, MA 01845
Phone.:. •'689-8900
3. ) Location of the •projeat• : Clay Pit Hill
:Address: Chestnut Street , —
..Assessors Map. # 98B, "~---._.... ..........._..._..___
Deed Recorded -in: Essex County North Registry of Deeds
Registry of Deeds: Boal:. -2693 . _ ._.Nage ..ZO or Land Court
Certificate No _ Book, .. ,.._ Page _
4. ) ' Size `of the Building _ 7069 _ - _• .square feet
Height 2-.1/2 4 _ l _Stcaries _�30 __ _Feet
Occupancy or . Use •Residentiay
TYP.e of Construction _
5. ) Size of Existing. BLAilding _Na Existing Buildings on the site
Height, Stoa-16s ........ Feet
occupancy or. Use
..Type of Construction
6r.:.1 :.`-C.lassif1'cation;bf the froject (!3eaF Section .8.33 of the Zoning 'Bylaw)
Major' PRD
.Intermediate _ y
'Minor
INI=0RMA7IOIV REQUIRED FOR SITE. .PLAN REVIEW
TYPE OF DEVELOPMENT PROPOSED
MAJOR INTERMEDIATE MINOR TYPE OF INFORMATION REQUIRED:
XX X L 1 . Nur th , Arrow/Location Map ..
X K .' X. _ Y 2 survey of . the .Lot/Parcel
X . X k ._ 3. Na6e/nescr. iption of Project
,.XX X If .., Easements%Legal 'Condttions
X _X X �_.. 5. Topography`
K '. •X• X 6. Zoning Information
X " X X 7. Stormw4ter Drainage Plan
X• X ' X 0. 136i1ding(s) Location
X X X ~__,• 9. Location of Parking/Walkways
X X X _ 10. Lcar_ation . of Wetlands
X _ X 111 Lnrzation of Walls%Signs
X X X _�_,•,_ 12 . . Lor_otion of Roadways/Drives
13., Outdoor Stora e/Display Area
X, X9
I� _....._... i, ' nd a' in Plan,
_ -� 1 La sc
X X Q 15. Refuse Areas'
'X X D _ `16. Lighting Facilities
� . L L'7. Drainage Basin Stud
X
•' 0 Y
9
i
0 a. lr3 . Traffic Impact Study
Y
I' X Iq. Commonwealth Review
X Required" Information `
:O hnformation :may be. requea Letj. by th4•a rLinning Board
01easp 'supply :ten . W ), c:upit,4 n.f the above .information to .' the Town
Planner with this application.
r
(3. ) Advertising f=ee;
Filing Fee :
4. ) Petitioners SignaturEi;
Every application t ar. t, ion I.ry the Board shall be made on a
form approved by the Board . Thet,r- 'Formsshall be furnished by the Town
Clerk upon request . Any commur,icati0r1 Pup-porting P ' t• be an application
shall be treated as mere n7tice• .ol' intentiorr to seek relief until such
time as it is made on the nfi'icir.rl: application form. All information
called for by the form sh:il. l he '1i.yrrii=h-nd by the applicant in the manner
therein prescribed in accordance With the requirements of Section 8. 3.
Every application shall !•.rt> tt.rhrnittr• d with a list of "Parties in
Interest" which shall inr. lude tlrr. . .. tit: ionor• , abutters, owners of land
directly opposite on any public_ n' l.rr• iv,;to street or .way and abutters to
the the abutters withiTl ' thr'L-Q hi.xir(lced feet of the property line
all as they appear on -the mr)T t rf�c.r?,rtic.able tax list ,
notwithstanding that the land ci-f r.nv c3u*--h - owner. 'is located in another
city or town, the Planninn Roarcl r,P tho Tnwn and the Planning [bard of
every abutting city or- to(,n'i ,
LIST OF Fr1F? I LES Ir•1 INTEREST
NAME 6UL)F?IcSS
Joseph G. Anderson 125 Rea,'Street
Ellen J. Anderson North Andover, MA 01845
Steve Andreadakis 30 Mill Road
Mary Andreadakis North Andover, MA 01845
Frayne Bredbury 710 Chestnut Street.
Josie M. Bredbury North Andover, MA. 01845
Julius A. Deltwas
Cyr Associates 100 Water Street
Lawrence, MA 01840
Timothy M. Finnegan Holly Ridge Lot 9
North Andover, MA 01845
Greater. Lawrence Community Antenna, Inc. 466..Essex'Street
Lawrence, MA 01840
Jefferson Office Park Limited Partnership 39 Brighton Avenue
Allston, MA 02134
Donald F. Johnston S Co., Inc. 114 Boston Road
North Andover, MA 01845 .
Robert F. Madden 111 Rea Street
Lorraine M. Madden North Andover, MA 01845
Benjamin C. Osgood, Jr. 69 Old Village lane
North Andover, MA 01845
Gilbert 0. Rea 44 Rea Street
North Andover, MA 01845
ZMC Realty Trust 401 Andover Street
John F. McGarry, Trustee North Andover, MA 01845
ADD ADD 111CTIAL t_;1Irt::Tc3 , II- hICCE55ARY
ANY QUESTIONS SHOULD. Big DIPEC FFA 1C] T11[r'. PLANNING OFFICE. AT 6B5-4775