HomeMy WebLinkAbout2015-09-01 Recorded Decision Definitive Subdivision i
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COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION
Building Conservation Health Planning Zoning
NOTICE OF DECISION
Definitive Subdivision Plan �;rr3 .p
Any appeal shall be filedCP
within(20)days after the
date of filing this notice in
the office of the Town Clerk. Q s q
Date: September 1, 2015 y O �q }
Hearing Date: July 21,2015,Aug. 18,2015, Sept. 1,2015 Z (o 9(0U
Decision Date: September 1,2015 10 - 7j • 20 f
Petition of: Messina Development
277 Washington Street
Groveland,MA 01834
Premises Affected: 602 Boxford St.(Map 105C,Lot 22)
North Andover,Ma
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and 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
infi•astructure,the installation of underground utilities,septic systems,connections to town water, site grading
and the designation of 11.9 acres of Open Space in the R 1 Zoning District.
After a public hearing given on the above dates, and upon a motion by Lora McSheriy and seconded by
Lynne Rudnicki to APPROVE the Application for a Definitive Subdivision Plan, 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 beh f of the North An aver Planning Board
John Simons,Chairman
Lora McSherry
David Kellogg
Lynne Rudnicki
This is to cercity that twenty(20)day.. Peter Boynton
have elapsed from date of decision,filsu
without filing of an appeal,Date A TTi'S t
d �' f, '
Joyce A.Bradshaw A True Copy
'down Clerk py (?.-.;,�
Town Clerk, .
' r I
602 Roxford Street
Wellington Woods
Definitive Subdivision Plan
The Town of North Andover Planning Board herein APPROVES the Application for a Definitive
Subdivision Plan, known as Wellington Woods, 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, site grading and the
designation of 11.9 acres of Open Space in the R 1 Zoning District,Map 105C Lot 22.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 85, 10.3 and 10.31 along with the MGL c. 40 Sec.9 and in
accordance with the North Andover Subdivision Rules and Regulations Sec. 4. The public hearing on the
above reference application was opened on July 20, 2015 and closed by the North Andover Planning Board
on September 1,2015.
The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS
In accordance with Section 5.6 of the North Andover Rules and Regulations governing the Subdivision of
Land,the Planning Board makes the following findings:
1. The Definitive Plan, dated June 23, 2015,and last revised Aug. 10, 2015,are both substantially
complete and technically adequate,except as amended herein.
2. The "Lotting Sheet" (Sheets 2 and 3 of 14)" for the Definitive Subdivision Plan last dated June
23, 2015 shows a lot layout that depicts the creation of seven(7) lots, all of which have frontage
on a new cul-de-sac. The Applicant has also applied for a Special Permit for a Planned
Residential Development(PRD)thus conforming to all applicable zoning requirements.
3. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of a
cul-de-sac is in keeping with the character of the neighborhood. This design was reviewed and
approved for safety access by the North Andover Fire Department.
4. The Planning Board has also found that the layout of the subdivision conforms to the
topographical features of the surrounding area, and thus has less impact on the environment and
surrounding neighborhoods.
5. The proposed roadway layout provides for adequate access to the seven (7) new lots on a new
cul-de-sac that will be safe and convenient for travel.
6. The roadway layout and stormwater management systems as depicted in Sheet 5 of 14 dated
August 10, 2015 (Overall Development Plan) have been found to provide a design that is
compatible with the surrounding neighborhood, in that it provides for adequate drainage and
stormwater management.
7. The installation of Low Impact Development (LID) stormwater structures along the proposed
roadway and on the individual lots has been shown to be effective in mitigating and treating
stormwater. The Planning Board finds that these structures have been designed using best
management practices and will effectively mitigate any increase in stormwater runoff as a result
of the creation of the subdivision.
8. All Plans and related submissions were reviewed by the Town's outside consultants and were
found to be in conformance with the Town of North Andover's Rules and Regulations Governing
the Subdivision of Land.
9. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of
motor vehicles.
10. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The
new roadway will provide adequate access for emergency situations.
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602 Boxford Street
Wellington Woods
Definitive Subdivision Plan
11. The Definitive Plan secures adequate provisions for water, sewerage treatment via septic systems,
drainage, underground utility services, fire, police and other similar municipal equipment, and
other requirements where necessary in a subdivision.
12. The Definitive Plan has been reviewed by the Department of Public Works, Health Department,
and the Fire Department and has been found to be acceptable.
13. The Definitive Plan conforms to the design and construction standards described in the
Subdivision Rules and Regulations,with the exceptions of waivers granted in Condition 15.
Upon reaching the above findings,the Planning Board approves this Definitive PRD Subdivision based upon
the following CONDITIONS:
14, Permit Definitions:
a) The"Locus"or"Site"refers to the 17.98 acre site with land fronting on Boxford Street as
shown on Assessors Map 105C, Lot 22, and also known as 602 Boxford Street, North
Andover,Massachusetts.
b) The "Plans"refer to the plans prepared by Christiansen & Sergi, Inc. entitled "Definitive
PRD Subdivision of Wellington Woods", dated June 23, 2015, as most recently revised
on August 10, 2015, consisting of Sheets 1-14, along with an associated Stormwater
Management Report dated June 26,2015 revised Aug. 10, 2015, and a Perimeter,Lot,Right
of Way Closure Calculations report dated June 26,2015,
c) The "Project" refers to the construction of a seven (7) lot subdivision for single family
homes, construction of a roadway with a cul-de-sac, the installation of stormwater
management infrastructure, the installation of underground utilities, septic systems,
connection to town water service,site grading and an Open Space designation of 11.87 acres
located within the R 1 zoning district.
d) The "Applicant" refers to Messina Development, 277 Washington St. Groveland, MA
01834,the applicant for the Special Permit, its successors and assigns.
e) The "Project Owner" refers to the person or entity holding the fee interest to the title to
the Locus from time to time, which can include but is not limited to the applicant,
developer, and owner.
15. WAIVERS: The roadway, utilities and stormwater management systems will be constructed
according to the Plans,with the following waivers granted by the Town of North Andover Planning
Board,according to the provisions of the Town of North Andover Rules and Regulations Governing
the Subdivision of Land and the Town of North Andover Zoning Bylaw. These waivers are hereby
granted in consideration of the fact that the design of the roadway was changed from that of a
conventional subdivision road to the less intrusive roadway design as presented on the approved
Definitive PRD Subdivision Plan:
a) Sec. 6.7.1 Table IA—The minimum pavement width for a local residential street is 26 feet.
A width of 24' is proposed.
b) Sec. 6.8.1 Street Design Standards Table 1A — This section requires that a cul-de-sac
does not exceed 600' in length. A waiver is requested for Wellington Way to extend to
approximately 725'.
c) Sec. 6.9 Curbing — Granite curbing is required on all new streets. Granite curbing is
proposed only at the beginning of the road.
d) Sec. 6.11 Sidewalks— Sidewalks are required on one side of local streets. No sidewalk is
proposed.
c) Sec. 6.18.1 Street Trees — Street trees are required to be located within the street right of
way. Street trees are proposed outside of the right of way.
f) Sec. 6.21 Street Lighting--The Planning Board shall provide provisions for street lighting.
No street lighting is proposed.
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602 Roxford Street
Wellington woods
Definitive Subdivision Plan
g) Sec. 5.2.2.2.4—Benchmarks&Elevations are required to be shown on the subdivision plans
to be based on the National Geodetic Vertial Datum of 1929(NGVD). The elevations shown
on the plans reference the NAVD 1988 Datum which is the datum used on the current
FEMA Maps for the Town of North Andover.
h) Sec. 6.123 Monuments—Monuments 4' long 6" sq. concrete or granite bounds are required
to be installed at all street intersections,at all points of change in direction or at curvature of j
streets, at 2 property corners of all new lots, and at any other points where, in the opinion of
the Board, permanent monuments are necessary. Granite monuments are proposed at all
points of change in direction, at curvature of streets, and at front corners of open space
parcels only. Granite monuments are proposed to be 4'long and 5"sq. per 6,12.3. The 2
property corners of Lots 1-7 are proposed to be 5/8"iron rods 30"+long,
i) Sec. 8.5.7.D Dimensional Regulations ---- This section requires a 50' from the parcel
boundary running the full Icngth of the perimeter of the parcel. A waiver is requested for
Lots 4 and 5 are proposed to allow for septic systems within the buffer,
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and
purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted.
With respect to those waivers concerning development standards above, the Planning Board also makes a
finding, in accordance with Section 2.7,4 of the Subdivision Regulations, that the waived requirements will
not impair the functioning, long term maintenance not appearance of the future development of the land
shown on the Plan,will not result in an adverse impact for the areas adjacent to the land shown on the Plan,
and is consistent with the Board's development objectives.
And upon the following additional SPECIAL CONDITIONS
16, With the exception of catch basins located with the Right-of-Way(ROW)of the new cul-de-sac,the
drainage structures, infiltration basins, grassed swales, drainage channels and the stormwater
management basins (Ponds) in the Open Space Parcel A &B will be maintained in perpetuity by a
Homeowner's Association, with the terms of ownership and maintenance to be documented in the
respective deeds for each lot in the subdivision.
An access and maintenance casement 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 shall be granted to the Town of
North Andover for the stormwater treatment areas located on the Open Space parcel A&B.
17. The infiltration basins,ponds, located on Lots 3, 4, and 5 will be maintained by the owners of those
lots,with the terms of ownership and maintenance to be documented in the respective deeds for each
lot.
18. All roof infiltration systems that are located on individual lots are to be maintained by the owners of
those lots,with the terms of ownership and maintenance to be documented in the respective deeds for
each lot.
19, All existing trees that are noted on the plan to remain will be maintained in perpetuity.
20. 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
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.
21. In consideration of the approval of the Plan, there is to be no further division or subdivision of a
part or portion of the parcel. This restriction is to be documented in the respective deeds for each
lot in the subdivision,
22. Prior to endorsement of the Special Permit by the Planning Board and recording with the North
Essex Registry of Deeds, the applicant shall meet all of the requirements stated in the Planned
Residential Development Special Permit decision dated September 1,2015 and noted before the term
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602 Boxford Street
Wellington Woods
Definitive Subdivision Plan
"Prior to endorsement of Plans"
23. PRIOR TO ENDORSEMENT OF THE PLAN
Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A covenant(FORM I) securing all lots within the subdivision for the construction of ways
and municipal services must be submitted to the Planning Board. Said lots may be,released
from the covenant upon posting of security as required in Condition 25 under"PRIOR TO
ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANT",
b) A Site Opening Bond in the amount of ten thousand dollars ($10,000) to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made
out to the Town of North Andover that will be placed into an interest bearing bond
account.
c) Unless the drainage structures are to be maintained by the town, a recorded Homeowner's
Association Agreement shall be submitted, containing the provision that the stormwater
drainage structures, as noted in SPECIAL CONDITION 16, will be maintained by the
Association and the Easement will be granted to the Homeowner's Association and Town of
North Andover.
d) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
e) All drainage, water and sewage facilities designs shall be approved by the North Andover
Division of Public Works.
f) All stormwater structures to be maintained by the Homeowner's Association,the infiltration
basins,the grassed swales,the drainage channels,and the Stormwater Infiltration Basins
located within the Open Space shall be shown on the plan.
g) The applicant must meet with the Town Planner in order to ensure that the plans conform to
the Board's decision. These plans must be submitted within ninety (90) days of filing the
decision with the Town Clerk.
h) The Subdivision Decision must be recorded with the Essex North District Registry of Deeds
and the list of waivers for this project must appear on the mylars.
i) A Deed for each individual lot shall be submitted, reviewed and approved by Town
Counsel.
j) A construction and grading easement shall be included for Open Space Parcel A and Open
Space Parcel B.
k) A stormwater management easement shall be provided for Open Space Parcel B to the
Homeowners Association.
1) A 10' drainage easement around the length of the roadway should be provided for the Town
of North Andover Division of Public Works.
m) Easement documents, deed restrictions, Homeowners Association Agreements and
maintenance agreements concerning the drainage structures must be submitted, reviewed
and approved by Town Counsel and the Town Engineer prior to recording. All easements
and restrictions shall remain in perpetuity.
n) The Subdivision Decision and the list of waivers for this project must appear on the mylars.
o) A Development Schedule must be submitted for signature by the Town Planner, The
schedule must show building permit eligibility by quarter for all lots,
p) All documents shall be prepared at the expense of the applicant, as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
q) 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
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602 Boxford Street
Wellington Woods
Definitive Subdivision Plan
inspect the site accompanying a Planning Department designated official.
r) The applicant will provide copies of all Decisions, Notification or Order of Conditions
from the North Andover Conservation Commission.
s) If as a result of any decision made by another Town Board, the proposed plan as
approved by the Planning Board is changed,the Applicant shall provide those changes to
the Planning Board for approval.
24. PRIOR TO THE, START OF ANY CONSTRUCTION AND/OR SITE WORK.
a) The record plans must be endorsed by the Planning Board and recorded by the applicant at
the Registry of Deeds
b) Three (3) copies of the signed, recorded plans and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners' agreement and maintenance documents referred to in
Condition 16 under "Special Conditions" and in sections C, F, K, and M as referred to in
section Prior to the Endorsement of the Plan in this Decision.
e) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on
the plan. The Town Planner must be contacted prior to any cutting and or clearing on site.
d) All applicable erosion control measures must be in place and reviewed and approved by
the Planning Department.
e) A pre-construction meeting must be held with the developer, their construction employees,
Planning Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
f) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the
sidewalk fund. The DPW will determine the amount of the contribution and evidence of
DPW's determination and a receipt for the contribution must be submitted to the Town
Planner.
g) The applicant shall provide evidence to the Town Planner of filing and approval of the EPA
NPDES General Construction Permit for the project.
25. PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
a) The applicant must submit a lot release(Form J)to the Planning Board for signature.
b) A Performance Guarantee in an amount to be determined by the town's engineer and by the
Town Planner, shall be posted to ensure completion of the work in accordance with the
Plans approved as part of this conditional approval. The bond must be in the form
acceptable to the North Andover Planning Board. Items covered by the Bond may include,
but shall not be limited to:
i. as-built drawings;
ii. sewers and utilities;
iii. roadway construction and maintenance;
iv. lot and site erosion control;
v. site screening and street trees;
A. drainage facilities;
vii. site restoration;
viii. final site cleanup.
26. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
a) The roadway must be constructed to binder paving with stabilized shoulders.
b) A Plot Plan(in paper form and in SDF: Standard Digital File)for the lot in question must be
submitted to include the following:
i. Location of the structure
ii. Location of the driveway
iii. Location of all water and sewer lines
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602 Boxford Street
Wellington Woods
Definitive Subdivision Plan
iv. Any grading called for on the lot
V. Location of drainage,utility and other easements,
c) All appropriate erosion control measures for the lot shall be in place.
d) All catch basins shall be protected and maintained with filter fabric to prevent siltation into
the drain line during construction.
e) The lot in question shall be staked in the field. The location of any major departures from
the plan must be shown.
f) Lot numbers,visible from all roadways must be posted on all lots.
Ir
27. DURING CONSTRUCTION
a) Any stockpiling of materials (dirk, wood, construction material, etc.) must be shown on a j
plan and reviewed and approved by the Planning Staff. Any approved piles must remain
covered at all times and fenced off to minimize any dust problems that may occur with
adjacent properties.
b) It shall be the responsibility of the developer to assure that no erosion from the site of
construction shall occur which will cause deposition of soil or sediment upon adjacent
properties or public ways, except as normally ancillary to off-site sewer or other off-site
construction. Off-site erosion will be a basis for the Planning Board making a finding that
the project is not in compliance with the plan; provided, however, that the Planning Board
shall give the developer written notice of any such finding and ten days to cure said
condition.
c) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate. sounds from the
structures or site.
28. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
a) House numbers for each lot must be posted so as to be seen from the street.
b) All slopes shall be stabilized, as determined by the Planning Board, with regard to
erosion and safety.
c) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not
permit seeding or sodding.
d) It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold, The Planning Board requires any driveway
to be moved at the owner's expense if such driveway is at a catch basin or stone bound
position.
e) The Planning Board reserves the right to review the site after construction is complete
and require additional site screening as it deems necessary and reasonable.
f) The applicant must submit a letter from 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,
29. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) A final as-built plan showing final topography, the location of all on- site utilities,
structures and drainage facilities must be submitted to the Planning Department. The as-
built must be provided in paper form as well as in SDP(Standard Digital File)format.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
c) The Town Planner shall ensure that all Planning, Conservation, Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions,
d) The roadway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
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602 Boxford Street
Wellington Woods
Definitive Subdivision Plan
30. GENERAL CONDITIONS
a) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
b) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
c) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday
through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
d) The provisions of this approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
e) Any action by a Town Board, Commission,or Department,which requires changes in the
plan or design of the building, as presented to the Planning Board, may be subject to
modification by the Planning Board.
f) 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 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.
g) The following information shall be deemed part of the decision:
Plan titled: "Definitive PRD Subdivision Plan of Wellington Woods
Prepared for: Messina Development Co.INC.
277 Washington Sheet
Groveland,MA 01834
Prepared by: Christiansen&Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Scale: F) 40'
Date: June 26,2015,Revised Aug. 10,2015
Streets: 1-14
Report Titled: Stormwater Management Report
Prepared for: Messina Development Co.
277 Washington Street
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,
277 Washington Street
Groveland,MA 01834
Prepared by: Christiansen&Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Date: June 26,2015
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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