HomeMy WebLinkAbout1991-11-14~N H.P. NELSON
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BUILDING
CONSERVATION
PLANNING
Town of
NORTH ANDOVER
DMsIoN OF
PLANNING & COMMUNITY DEVELOPMENT
120 Main Street, 01845
(508) 682-6483
Planning Board Agenda
November 14, 1991
7:30 p.m.
Discussions
Oakwood Subdivision - Easements
Marbleridge Estates
Brickstone Properties
Coventry Estates
Approval Not Required Form A Plans
Public
Bonds
Scott Circle - Lot Line Change
Lacy Street - Creating 1 Lot
Bradford Street - Creating 1 Lot
Hearings
Phillips Common - Definitive Subdivision
Phillips Common - Special Pea,nit - PRD
Hidden Court - Sign Fofms
Cranberry Lane - Bond Release
English Circle - Bond Release
Comments
Planning Board, Public Hearing 11/14/91
Phillips Common: - Definitive Subdivision
Special Permit, PRD
John Simons read the legal notice to open both the public
hearing for the Special Permit and the Definitive Subdivision
requested by PhillipsCommon Realty Trust. This Special permit is
specifically requested for a Planned Residential Development
(PRD) of 26 additional single family homes, in the R-3 zoning
District.
George Perna asked Christian Huntress if staff had anything
to report with regard to these applications. Mr. Huntress stated
that the Technical Review Committee (TRC) had met with regard to
both applications and has recommended the following:
Ail houses constructed within this project shall have
residential fire sprinklers installed, as per NAFD.
All property located along Osgood street shall have
restrictive covenants in place for perpetual
conservation/preservation. This shall include the parcel
around the Thomas mansion.
- An open space barrier shall be placed around the perimeter of
the property.
Division of Public Works letter from Bill Hmurciak, dated
November 14, 1991 should be read into the record and made part
of the file.
The Conservation Commission has issued a negative
determination for this project. As such, the applicant will
not be required to file a Notice of Intent for any work shown
on the plans.
A letter from the applicant dated, November 14, 1991, offers
the total open space associated with the PRD to the town as a
gift of land.
Ail easements for roadway, utility, drainage, open space,
conservation and preservation should be prepared and presented
to staff for review.
The Board of Health has asked the applicant to provide proof
that the existing Manse is tied into the sewer located within
Osgood Street.
- Details of all proposed lighting should be submitted for
review. This includes lighting proposed at the entry.
John Simons read a letter from William Hmurciak, NADPW,
dated November 14, 1991 listing ten (10) issues which the
applicant should be asked to address. Richard Nardella
questioned Mr. Huntress on the recommendation of the Division of
Public Works that the roadway width be 26 feet. Mr. Huntress
stated the roadway as shown on the plans is 22 feet wide, and is
in conformance with the Planning Board's Rules and Requlations
Governina the Subdivision of Land. Mr. Huntress went on to say
that the Town Manager had met with the Planning Department and
the Division of Public Works on this issue and supported the
recommendation from a majority of the Technical Review Committee
that the roadway be designed at 22' pavement width.
Mr. Huntress then asked that the applicant's engineer, Steve
Stapinski, of Merrimack Engineering Services, present the
detailed plans to the board.
Mr. Stapinski introduced himself, Mr. Jonathan Woodman of
Woodman Associates, Architects, and the trustees of Phillips
Common Realty Trust. Mr. Stapinski then presented a Site Plan
which showed the 26 new dwellings and reviewed other issues of
roadway width, sidewalks, lighting, drainage, and distance to
abutters. John Simons questioned the need for two detention
ponds when prior applications on this property had only shown
one. Mr. Stapinski responded by stating that ground water
elevations were found to be much higher than originally shown on
previous plans, and that a tremendous amount of fill would be
required to accommodate all drainage with only one detention
pond. Mr. Huntress said that he had also raised this concern at
the TRC meeting, and had walked the site with Mr. Stapinski and
Mr. Thomas Laudani, project manager. Mr. Stapinski then
completed review of the drainage plans with the board.
John Draper asked what the distance was from the proposed
construction to homes located along Phillips Brook Road. Mr.
Stapinski stated that all new construction was at least 100' feet
from the property line abutting Phillips Brook Road. George
Perna suggested that a no-cut line be placed along the rear of
all lots which abut Phillips Brook Road and Osgood Street and
that more screening should be provided along the rear of the lots
which abut Massachusetts Ave. The material used should be
evergreen trees of the same type used in other areas on the
property. Mr. Stapinski said that would not be a problem.
John Simons then asked why the plans had been drawn to
eliminate the Thomas Mansion from the proposed construction, and
questioned whether the "Manse" was to be considered as part of
this project. Mr. Stapinski said that with the property of the
Manse included in the open space calculations the percent open
was 42-43 %. Mr. Simons continued to question how the Manse was
being treated and stated that he felt it should be looked at as a
27th lot.
George Perna felt that the 27th lot was an issue from the
start, and that it was unclear from preliminary discussions with
the Board as to whether this would be allowed under the PRD
regulations. Mr. Perna then asked Mr. Huntress to have counsel
review the PRD bylaw and specifically the allowed density
calculations to see if it is within the Planning Board's
authority to approve a PRD plan which exceeds the number of lots
shown on a conventional subdivision plan.
Mr. Stapinski asked that Mr. Jonathan Woodman be allowed to
present his architectural plans for the dwelling units. Mr.
Woodman explained to the board that all dwellings would be
constructed from one of the four detail sketches presented for
their review. All colors are to be "earth tones" and all
perimeter lots shall have a low fence to the front of the lot and
lighting at each driveway. Mr. Woodman went on to say that all
interior lots shall be landscaped with low stone walls and
"subtle berms" so as to define each lot in a traditional "New
England village style". In discussing the architectural style of
the dwellings, Mr. Woodman stated that the design is considered
an expandable cape, with architectural shingles on the roof and
wood, clapboard and brick as an exterior facade material. Mr.
Woodman commented that the need for a 22' wide roadway was driven
by the desire to create a village atmosphere. With the
construction of sidewalks, berms, fences and common open space a
sense of community and pedestrian scale can be established.
John Simons asked that the architectural drawings be revised
so as to list all material used in construction of the dwellings.
Particularly the material used in construction of the roof,
facade, windows and lighting.
Richard Nardella then questioned the configuration of Lot Y,
which surrounds the Thomas Manse. Specifically, why could Lot Y
not be drawn so as to include the open space and gardens
associated with the historic nature of the Thomas property.
Further, should the Town accept a grant of land including the
open space, would there be a liability issue associated with an
existing garage on Town property and what would the yearly tax on
that open space amount to. Mr. Huntress stated that he had
advised the applicant to comply with the 35% open space
requirement, and that should Lot Y be enlarged the total open
space would fall below 35%. Mr. Nardella stated that if Lot Y is
to be protected by a historic preservation restriction and a
conservation restriction then it should be considered as open
space even if not included in the land to be gifted to the Town.
Mr. Stapinski added that if Lot Y is included in the open space
calculations then at total of 42-43% would be attained. Rick
Nardella asked that the applicant redraw the property line of Lot
Y so as to include the historic garden and meadow.
George Perna asked Mr. Huntress if the Historical society
had been contacted with regard to this project. Mr. Huntress
stated that they had and Atty. Michael Morris and Mr. Davis
Cherrington were both present on their behalf to speak to the
board.
Atty. Michael Morris then introduced himself and Davis
Cherrington to the board and stated that he felt the project to
be a good one and that the developers, specifically Thomas
Laudani, had been very accommodating and helpful throughout the
negotiation process. Atty. Morris then reviewed the draft
preservation/conservation restrictions which the Historical
Society had prepared.
Richard Nardella asked what the construction schedule for
openings within Massachusetts Avenue and Osgood Street would be.
Mr. Laudani stated that the street openings would be permitted by
the DPW. Mr. Nardella asked that a schedule be presented at the
next meeting.
George Perna then asked the Board when they could schedule a
site walk to review the property. The board agreed on the walk
for 8:00 am Saturday, November 16, and asked that the engineer
have the approximate edge of roadway staked out at that time.
Mr. Laudani then asked the Board to consider closing the public
hearing due to the developers need to initiate construction
before the winter sets in. John Simons stated that he felt it
improper to close the public hearing before the site walk and
that additional information had been requested which will still
have be reviewed while the public hearing is open.
George Perna asked Christian Huntress if he could send a
letter to the applicant listing all concerns which were raised
this evening and prepare a draft set of conditions for both the
Definitive Subdivision application and the Special Permit.
Mr. Huntress responded that he could have the letter by the site
walk on Saturday, and a draft set of conditions by the next
meeting scheduled for November 21, 1991.
MOTION:
SECOND:
VOTE:
Richard Nardella, to continue both the Public Hearing
for the Definitive Subdivision and Special Permit to
the next regularly scheduled Meeting of November 21,
and direct staff to draft a letter to the applicant
listing all concerns raised.
John Simons
Unanimous
Planning Board, Public Hearing 11/21/91
Phillips Common: - Definitive Subdivision Special Permit, PRD
Christian Huntress reminded the Board that this was a
continued public hearing for both the Special Permit (PRD), and
the Definitive Subdivision applications presented by Phillips
Common Realty Trust. George Perna spoke briefly on the issues
discussed during the site walk of November 16, 1991.
Mr. Huntress then asked John Simons to read a letter, dated
Nov. 15, 1991 sent to the applicant listing all concerns raised
at the last hearing. The letter listed 18 issues which the
applicant was asked to address. The issues were as follows:
A No-Cut Line shall be established along the back of all lots
which abut Phillips Brook Road, Chickering Road, Osgood
Street and the residential dwellings along the southern most
boundary of the property.
The Planning Board considers Lot Y to be an integral part of
the proposal, as such all development plans should show that
parcel as part of the project.
Lot Y should be reconfigured so as to include the existing
garage on the property of the Phillips Manse. It is my
understanding that this may be accomplished while still
retaining the 35% open space requirement of the North Andover
Zoning bylaw.
The Planning Board is in receipt of your letter dated
November 14, 1991 which offers the 5.5 acres of open space to
the Town of North Andover. I have asked Town Counsel to
review the liability issues involved with acceptance of this
parcel as public land.
The Planning Board is encouraged by your efforts to cooperate
with the North Andover Historical society. Please present
draft copies of any Preservation/Conservation restrictions
which are currently being negotiated.
Please prepare and present for staff review any necessary
easements for roadway/utility conveyance and drainage,
sewer or water line easements located on individual lots.
All easement on individual lots must be recorded prior to
endorsement of the record plans.
Please provide documentation to the Board of Health and the
Planning Department that the existing Phillips Manse is
currently tied into the sewer line located in Osgood Street.
Please provide an approximate schedule for construction in
Massachusetts Avenue. This should include the sewer and
drainage lines and all utilities which will require openings
in the roadway for tie-ins. The Planning Board will place
restrictions on the number of openings and length of time for
construction within Massachusetts Avenue.
More screening should be provided along the rear of the lots
which abut Massachusetts Ave. The material used should be
evergreen trees of the same type used in other areas on the
property.
10. Details of all proposed lighting should be submitted for
review. This includes lighting ProPosed at the entry.
11. The Planning Board considers "lot Y" to be a 27th lot. With
that in mind the Board is reviewing the details of the
project and the PRD bylaw to determine whether this is an
appropriate calculation of allowed lots.
12. A site walk has been scheduled for 8:00 am Saturday, November
16, 1991. Please have approximate location of the roadway
located on site for Planning Board inspection.
The Division of Public Works has submitted a letter dated
November 14, 1991. The Planning Board would like you to address
the following as listed in that letter:
13. In general the depth of sewer is not acceptable as designed.
The sewer should be lowered to avoid conflicts in elevation
between the water main and sewer services.
14. Provide a profile of the cross-country sewer to Mass Ave.
15. Calculations must be provided to determine the adequate
sizing of water services to accommodate residential fire
sprinklers.
16. Drain manholes at station 3+84 and 11+60 may be eliminated
and the drain pipe should be connected to the adjacent catch
basins. Other drain manholes within the project should be
located off pavement wherever possible.
17. 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 in the office of the Division of Public
Works.
18. A Sewer System Extension Permit from D.W.P.C. of the Mass.
Department of Environmental Protection must be obtained prior
to the issuance of a sewer extension permit by the North
Andover Division of Public Works. The local permit, in
accordance with 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.
George Perna asked Mr. Thomas Laudani if he could respond to
each concern individually. Mr. Laudani presented a written
response and then proceeded to review each item with the Board.
Mr. Laudani showed that items # 1-3 had been changed on the
plans. Mr. Huntress addressed item #4, taxes on the 5.5. acres
would amount to approximately $ 324.06 per year, figured at the
current tax rate. Also, the benefit to all properties surrounded
by open space may prove to exceed that which is given up by
accepting the property as a gift of land. On the issue of
liability, Mr. Huntress stated that Town Manager James Gordon
had reviewed the Town's liability coverage and was comfortable
with acceptance of this property by Town Meeting.
Mr. Laudani and Mr. Stapinski then reviewed with the board
the property lines surrounding the Manse and to the rear of lots
5 & 6. George Perna stated that the stone wall to the rear of
Lots 5 & 6 should be relocated to coincide with the 200' Historic
District line, this wall shall then become the rear property line
of lots 5 & 6. John Draper noted that if the dwelling on lot 5
is changed to a style A or B then less impact will be seen or
felt on the historic areas. Further, that the dwelling on lot 4
should be shifted as close possible to the lot line shared with
lot 3.
George Perna then stated that he would feel comfortable in
entertaining a motion to close both public hearings and have
staff make the necessary changes to the draft approval. John
Simons felt that it was too soon to close a public hearing for a
special permit PRD in such a sensitive area of Town, and that the
Board should consider keeping this matter open for at least
another hearing. Joe Mahoney disagreed with John Simons and
stated that if the issues have been thoroughly reviewed then the
board should not postpone action.
The following motions were then made:
MOTION:
Joseph V Mahoney, To close the public hearing of the
Special Permit PRD application of
Phillips Common Realty Trust.
SECOND:
VOTE:
John Simons
Unanimous
MOTION:
John Draper, To close the public hearing of the
Definitive Subdivision application of
Phillips Common Realty Trust.
SECOND:
VOTE:
Richard Nardella
Unanimous
MOTION:
John Draper, To approve the Special Permit PRD
application of Phillips Common Realty
Trust, Dated October 24, 1991 for
construction of 26 single family homes in
accordance with the draft decision
prepared by staff and amended by the
Planning Board this evening.
SECOND: Joseph V. Mahoney
AMENDMENT TO THE MOTION: John Simons, That condition # 4 of the
Special Permit approval drafted by staff be removed from the
final decision, and that lot # 6 be eliminated, allowing for a
total of no more than 25 new dwellings.
There was no second, the amendment to the motion then died and
the Board was now to vote on the original motion made by Mr.
Draper to approve the Special Permit PRD.
******************
VOTE: Unanimous
John Simons asked that the record minutes reflect his concern
with closing of the public hearing so quickly, and that he was of
the opinion that no more than 25 single family dwelling be
constructed on this site. Duly noted.
MOTION:
John Draper, To approve the Definitive Subdivision
application of Phillips Common Realty
Trust, Dated October 24, 1991 for
construction of 26 single family homes in
accordance with the draft decision
prepared by staff and amended by the
Planning Board this evening.
SECOND: Joseph V. Mahoney
VOTE: Unanimous