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HomeMy WebLinkAbout2015-09-01 Recorded PRD Decision Wellington Woods COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Fp�9 Building Conservation Health Planning Zoning � ���ff a� d b?• 148 '`h,tT3iy f Any appeal shall be filed ! {�!• within(20)days after the -- date of filing this notice in the office of the Town Clerk, 3 �N NOTICE OF DECISION CqJ Special Permit-Planned Residential Development Z 6 td 9 -7 Wellin on Woods Date: September 1,2015 Hearing Date: July 21, 2015,Aug. 18,2015, Sept. 1, 2015 Decision Date: September 1, 2015 Petition Oh Messina Development 277 Washington St. Groveland,MA 01834 Premises Affected: 602 Boxford Street(Map 105C,Lot 22) North Andover, Ma Referring to the above petition for Approval of a Special Permit for a Planned Residential Development according to the requirements of the North Andover Subdivision Rules&Regulations,so as to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac,the installation of stormwater management infrastructure,the installation of underground utilities, septic systems, connections to town water service, site grading and an Open Space designation of 11.87 acres located in the R-1 zoning district. After a public hearing given on the above dates,and upon a motion by D. Kellogg and seconded by L. Rudnicki to APPROVE the Application for a Special Permit for a Planned Residential Development (PRD), as amended,and upon circulation to the Planning Board for final review prior to signing, and based upon the following conditions. A vote of 5---0 was made in favor of the application. On alf of the North ndover Planning Board John Simons, Chairman David Kellogg Peter Boynton This Is to certify that twenty(20)daya ��J Lora MoSherry have elapsed from date of decision,filed Lynne Rudnicki without filing of an appeal. Joypa A,1JraWaw �. ATTEST Torun Clark A U06 Copy Ulm Clerk r 602 Boxford Street Wellington Woods PRD Special Permit The Town of North Andover Planning Board hereby grants the Planned Residential Development (PRD) Special Permit, known as Wellington Woods, comprised of seven (7) single family lots together with associated Open Space. The Messina Development Corporation, 277 Washington Street, Groveland MA 01834 submitted a complete application on July 1, 2015. The application was noticed and reviewed in accordance with procedures for approval described in the Town of North Andover Zoning Bylaws Sections 8.5, 10.3 and 10.31 along with the MGL a 40 Sec. 9. The public hearing was opened on July 20, 2015 and closed on September 1,2015.The area affected is in the Residence 1 Zoning District, FINDINGS The Planning Board makes the following findings as required by the Zoning Bylaw Sections 10.3 & 10.31 1. The specific site is an appropriate location for a Planned Residential Development as the 18.0 acre property would yield seven(7) single family homes with a conventional subdivision design, ranging in size from 87,120 sq. ft.to 182,290 sq. ft.vs.the seven new lots ranging in size from 21,780 sq. ft. to 55,078 sq. ft.with the PRD design. This PRD Plan minimizes the amount of disturbance on the existing slopes,vegetation,wetlands, and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of eleven (11) acres of the property through a perpetual open space restriction and provides protection for critical habitat for a Nationally Endangered Species of Blanding Turtles. The proposed plan conforms to the Rules and Regulations Governing the Subdivision of Land of the Town of North Andover and the North Andover Bylaw with the exception of a waivers fi•om Section 6.8.1 Table 1A, Length of cul-de-sac, minimum pavement width of a residential street, Section 69 curbing, Section 6.11 sidewalks, Sections 6.18.1 street trees, Section 6.21 lighting, Section 6.12.1 monument dimensions, Section 8.5.7.1)dimensional regulations, buffer zone. The Board has granted these waivers based on the fact that the low impact development design uses methods that do not use curbing in the entire development area,swales are located where sidewalks would connect and street trees would be located. The small size of the PRD with only 7 homes, cul-de-sac street and low impact design allows for a reduced road width with less impervious surface. Stock size for granite monuments are 4 feet by 5 inches and will have no material impact on their design. 2. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately eleven (11) acres of Usable Open Space. The character of the project will reflect the rural aesthetics presently defined by the surrounding Brookview Lane and Duncan Drive neighborhoods.. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal has been reviewed by the Town's consulting engineer and demonstrates that the development of seven (7) new homes will have a negligible impact on the present traffic volumes associated with Boxford Street. 4. The proposed subdivision layout provides more than the required Open Space as stated in the Town of North Andover Bylaw. The minimum Open Space required is 6.3 acres and the proposed project provides 11.9 acres. The minimum upland Open Space required is 4.7 acres and the upland Open Space provided is 7.6 acres. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal water services. Each home will have its own septic system installed,subject to review and approval of the North Andover Board of Health. 2 i 602 Buford Street Wellington Woods PRD Special Permit In accordance with Section 8.5 of the Bylaw the Planning Board finds that the proposed PRD is in harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3, and the proposed PRD contains residential development and Usable Open Space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover which renders it appropriate to depart from the requirements of the Zoning Bylaw otherwise applicable to the zoning district in which the parcel is located. In particular,the Planning Board finds that the project will: 6. Promote a more efficient use of the land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this,and facilitates the economical and efficient provision of utilities; 7. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; 8. Encourage preservation of open space. The applicant has provided approximately 11.8 acres of the property as Useable Open Space; 9. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character around Boxford Strcet,while conforming to the goals and policies of the Master Plan of the Town of North Andover; 10. Meet the Town's housing needs by providing an alternative size of home and lot within the Residential 1 (R-1)Zoning District; 11. The Planning Board also finds that the base density of seven(7)house lots is appropriate for the PRD as a conventional subdivision design would also yield seven(7)new single-family homes; 12. The Planning Board herein grants a waiver from strict compliance with Section 8,5.7.13 Dimensional Regulations—Subdivisions,Buffer Zone. Specifically,the Planning Board finds that allowing septic systems to be constructed within the 50' Buffer Zone on lots 4 and 5 only will not have an adverse impact on the surrounding neighborhood as these two parcels abut the 13.31 acre Open Space parcel owned by the town of North Andover and which is associated with the Brookview Drive subdivision plan. The remainder of the plan provides for the required 50' buffer along the rear lot line for parcels 1,2,3, 6,and 7. Finally,the Planning Board finds that the Planned Residential Development complies with the Bylaw requirements and grants a Special Permit subject to the following conditions: 13. In consultation with the Town Planner, the Applicant shall designate an independent construction monitor.The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 3 i k 602 Boxford Street Wellington Woods PRD Special Permit 14, It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning Board malting a finding that the project is not in compliance with the plan. 15. Prior to endorsement of plans by the Planning Board and recording with the Registry of Deeds the applicant shall meet all of the requirements stated in the Definitive Subdivision Notice of Decision dated September 1,2015,"Prior To Endorsement Of The Plan". 16. With the exception of the catch-basins located within the Right-of-Way (ROW) of the new cut-de- sac,the drainage structures, including the swales along the edge of the roadway,the infiltration basin located within the Open Space parcels, will be maintained in perpetuity by Homeowner's Association and/or the homeowner,with the terms of ownership and maintenance to be documented in the Homeowner's Association Declaration of Trust and referenced in the unit deed. An access and maintenance easement shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open. Space parcels, This access and maintenance easement shall be granted to the Town of North Andover for the stormwater treatment areas located on the Open Space Parcel B. 17. Prior to receipt of a Certificate of Completion (Form K) required to be obtained for the project described in the Definitive Subdivision Decision dated September 1, 2015, a perpetual restriction of the type described in M.G,L. Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to this land, Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses; conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 25 of the Definitive Subdivision Conditional Approval. 18. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups; a) A non-profit organization or trust whose members are all the homeowners and occupy the homes; b) Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c) The Town of North Andover; d) Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in Condition 17 above, Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff prior to the release of any of the lots from the covenant described in Condition 25 of the Definitive Subdivision Conditional Approval. Final Documents must be fully executed and recorded with the Essex North Registry of Deeds prior to final release of any roadway bond or security. 4 i 602 Boxford Street Wellington woods PRD Special Permit 19. Prior to Construction,Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner, The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have,been cut in accordance with the approved plans. 20. Prior to releasing individual lots from the statutory covenants, the Planning Board must by I majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 21. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language; "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot within the Wellington Woods subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition,notwithstanding the Town's acceptance of such Open Space parcels", 22. Prior to verification of a Certificate of Occupancy. The applicant must submit a letter fiom the architect and engineer of the project stating that the building and site layout substantially comply with the,plans referenced at the end of this decision as endorsed by the Planning Board. 23. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 24. This special permit approval shall be deemed to have lapsed on September 1, 2017 (two years from the approval date), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period or for good cause as deterrnined by the Planning Board 25. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon the applicant, its employees,contractors and subcontractors and all successors in interest or control. 26. The developer shall implement and follow all requirements set forth in this decision, and as outlined in the plans and reports referenced below. Failure to comply with all requirements herein and the conditions of this approval shall be the basis for the Planning Board, voting by majority vote,to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will be solely determined by a majority vote of the Planning Board based upon the developers written comments and the conditions contained herein. 27. The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or 5 i 602 Boxford Street Wellington Woods PRD Special Permit hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the final authority on determination of significance of proposed plan changes. i 28. The Board finds that the PRD meets the following Development Standards: a) Parcel Size—The parcel size is 17.98 acres and exceeds the minimum requirement. b) Allowable Use—The single family homes are allowed uses for a PRD. The overall composition of lot sizes varies within the subdivision. A minimum of 100' frontage has been met for all lots and the sizes range from 21,780 sq. ft.to 55,078 sq.ft. c) Dimensional Regulations(Subdivision)—The PRD proposal meets the dimensional regulations for a subdivision with the exception of the requests one(1)waiver: A waiver of Sec. 8.5.7.d is requested to allow for the location of two septic systems on Lots 4 & 5 within the 50' no buffer zone. The buffer will remain open without pavement or roadways and in a visibly natural state. d) Parking—Each house lot has suitable parking for residents and visitors. e) Usable Open Space—The open space calculations are met and exceeded. The total project area is 17.9 acres. The required minimum open space is 35% or 6.29 acres. The project provides 66%open space or 11.8 acres(4.2 wetlands and 7.6upland). f) The usable open space is contiguous. Only Parcel A is separated by the roadway or an associated amenity which does not preclude Parcel A fiom being contiguous to Parcel B under Section 8.5.7.F.2.d. Parcel A is located at the entrance to the subdivision. g) Stormwater management systems (two ponds) are located within the usable open space (Parcel B). Their location and function do not detract from the overall calculation of the open space for the project. h) Density Bonuses—There are no density bonuses associated with this development. 29. The following information shall be deemed part of the decision: Plan titled: Definitive P.R.D. Subdivision Plan of Wellington Woods Prepared for: Messina Development Co, Inc. 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen& Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: June 23,2015,Revised Aug 10,2015 Sheets: 1-14 Report: Stormwater Management Report Prepared for: Messina Development Co. Inc. 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way Closure Calculations Prepared for: Messina Development Co. Inc. 6 'l 602 Boxford Street Wellington Woods PRD Special Permit 277 Washington St. a Groveland,MA 01834 Prepared by: Christiansen&Sergi,lnc. 160 Summer Street Haverhill,MA 01830 Date: rune 26,2015 1 The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A Sec. 17 to appeal this decision within twenty days after the date of this decision has been filed with the Town Clerk. cc; Town Departments Applicant Engineer Abutters Assessor File 7