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HomeMy WebLinkAbout2015-09-01 Decision Related Correspondence TOWN OF NORTH ANDOWR DIVISION OF PUBLIC WORDS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D.THIBODEAU, KE. DIRECTOR Timothy J. M lelt Telephone (978)685-0950 Operations Manager � , Fax(978) 688-9573 April 13, 2015 Jean Enright Interim Town Planner 1600 Osgood Street North Andover A 01845 RE:Autumn Woods Subdivision IOW W �-IW NGTb N WO OP5 Plan Review i I Dear Ms. Enright: I have reviewed the Preliminary Subdivision plan of Autumn Woods by Christiansen& Sergi with respect to the proposed water system improvements and have the following comments. 1. The nearest existing water line is located at the Brookview Drive/Boxford Street intersection. 2. The proposed water main to be installed in Boxford Street must be 12-inch ductile iron pipe. The proposed water main for the new road should be 8-inch ductile iron pipe. 3. Two 12-inch gate valves and one 8-inch gate valve should be installed at the intersection ofBoxford Street and the new roadway for Autumn Woods. 4. Anew hydrant should be,installed at station 2+50 of the new roadway. Very truly yours, Timothy J. Willett Operations Manager CC:Bruce Thibodeau,Director PREUMINARY PRD PLAN a�"�x,"• wA wwa AUTUMN WOODS wnr�RsouEST: g COVER "O1� i misrwue�mTrweo.eiiuR�°a NORTH ANDOVM MASS. SMEET —� srMiHE' w �mm`,¢ooro n s n xrr�s msunua mxaxa wvr AF6C10 OOIPIONPAWLvmYfr W/tlC.�xi:NEe21W�PavIIOP1L•Hr rr Pt FP'A'+rWCEM conIwwmx RPPNfnxr CWl6Aa:m 9IWASAxa]0.`I SIi¢ET / - , atlRiMaImOWLW01M5 wOwL.�9Hrutd WR:AM fifNal4 u�o}pm PROFI:SONN.ENOINEERSL iNJDSVfM1'�RS ` CHRIS•CIANSEN&SERGI.INC . awmFaoTRFr.T.wwQunu. omo aHarrue 10 4TVAc�VFlaKrou ll4RSJmfo FAL91R])TiNO ar.�x0.�tPMAtr Gp' - O�� ASSESSOR REFERENCES REFERENCE DEEDS i ww rwc Lola s.aocnd<orP�u isrms 2eacnul16race2be oa Lwoauuwa �mN NOTES sarxrvxo 3 . x Tneasruaevar�n rmPcnm'Plnsr.rTFuaFrsrHoxwo®exoum+mmenmaainewra wrmwm�ewcas oorTM6r�a�=msw�owen�mmia«+.nelda�.E��� 1 i i ALLTPPOOx�aICp>;ru.ES0wN1�M,vcLINi F-0IROun4lID0LNG rwvxta W��@nwf I mu=axs.mwmr.munwm.mar aro,�uaus.E+�vrtr6nac.YPlaw.Iw.�.r. 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LOFAA l I 2dmsF 2A lF mc%l. 2 24—Vb 1d9c}SF. �D f�$TR w:rmP a 3 5507bsF. SSPIES.F.❑ �� �TEAi ti4laFsa� 1pmP"r'�� , uuimn wr Tamar Farnxrn Pmnw.raPoo.n [ d 32044SF. 33694SF. +asG mrm WPLOTm s zi]ws.P. 22]euSF.Tmt61 bsc Lmo �w±m±i �.IaAa"� 10Y LOCUS MAP g 6 23]e¢ii. S1]80 S.F.1 N6F'ro9CALE 7 .m9sP. as6Tsss. KEY MAP I . OPENA E1GT F. 816]SF- �\ Q 1b6' O ibC 7Ap {! 5 OPENa Wi12S S.T 32a 217SF. ,^.7 A PRO 0IMMS-10KAI-REGUL4TSONS: sOI I--lw - ZONINGD3S'TRICT:RT NM.LArAAFR=zt.AN&F. - v I 4M.Lq McwAGE=,MET. wl.FRON6:EIHmx LOFT. INDEDC MaL blOES_R6ACA=mfT: NE[TI Ora COVERm= M6J, gApF_ap rP SHF6T2OF6 fNERALLLMNc'NIT 70n SME "Mc PNQA05EO:ltt[PIwN•101;1.T.0.0.TANDGPQ2SP-�rA I •riIC6TR�CTORE M4YOE P[Atm UPOUA�arLOTLINF WtST10[irASRiE SCSbh'QPROYlOEOTHATTHGALVAIFMLOS TO triJClS I11C FOO &IXu SSSHHIof£C_Tr95 d O0OrFF6d PPNROOPCOaSEEPF$9T[E PnAAN..tmOS 2MOS @CPERPPFAtIGSE 6 P AtEO ae:yaap g 1 RaAv.YAY PROFAEd TP1CAIILGOLYfAYOSLN.`NS L'IGtIE➢Hi.J7HEiR-OtIIRECMLLYaRA4CT9J= E I PPEUM1NARY PRO PLAN AUTUMN WOODS OVERALL NORTHANf7UVER,MASS. LOTTING `..�. i WITH ,r.�own�rmx.oaua�wa TOPO '\ t a •:'.'i;-�t'.'_•. �` '`•i, r wmm>.�acn'10�onn°�D'sirw mwn.wowo"tae. •� � y`,y J�rC_ •.•_^.s_T. .. �ti k,��� �'•v� 1 i PIEOfF'J'J10NPi ENQIN[EICL4NA 9�M1rE1'[YRE �� •y' l � ,'1 uY M.,_--�r�---¢�„_'�+•� ':\S 1 �. 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PARCELS fS •_ _ _ _ - __.�. .--_>.w � � r `„} r r�.p�^�. �t t `I t'1 i.``.\��`�5 i j _ y,.�.-, � /tea - - _ - _ _ - -,-'�1 �`l •''3:!'�'rr ' -. i �\ � \•��A`\'`;-I � f':s - ,�:�. � ° / / jut _ _ - U •, i � r' r� 1 t\.a t ♦, •,z. „c,.,.-�,'-�rA'ey.}p, • �'"f I /! k f:+i _-_-_ - - _ - : -' -''�.��;n� ```�}^ r 'is� 1\'R ,k`5 `i\��`;� .u+ ��� �-^'�^•s _ _ � - - - yy �� 1. • \��-`L,l,`` y « \ ! r _ 4��� 5� y � 'me..µ '- _ -_ _ -�• ,�\ �mj :.R� - / ` , g`I ,Ev� tll ••t �• �� - ;n ra __I� /� �� � M ��4W_-� •-L `--- _ _ >'°'�� .f� �S 1 I rr���* 1 h �• \� Ate+•-_-.-Nw _ 7�-.� • ��� �• - 7- i�vs,�•e b �`V 7 r�'• �JI__ - -••�i*:.,.e�` '_� `�;r iti.;:;,�zs �L.: \e.•�� � }�-_-_- -.•�p "/ I •�,'"r I '6. _ •• -• -i..�� _ "'t r 1*' 1\..`.,r r Tr F. °ate .y, I �ti. - : •A 6TORMWA' 1 3'•s`o, 8 �R - _�' "" - _ _ 6..� t t k i� `4�t`i �. ;� �hp`. 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ROADWAY SECTION e m ,n:eowo a�xuerrausr �Pnrcxr:uraa��uevmwuum Cme.olwan vu+ I :a�,n r I � � ar.*w�+nr cn nrmeer onaeKxv anovc4wu+y�ax ru>Ion�me r�waMxrowFi I.�,orue 1dy PIttaFE.^^..IONN.LHGtNEEPbdUNP�yO� 7 CHHR STIANSEN&SERGE,INC, a �yR rwvnum�w.v..awen4 mmo eHcer eora �W ,etoamam .,ceraarA»eo wmeal, �` g 1 1I m a i p / 1 I I _ I o•n 1+m rwo a.ao �.o0 6wo ¢xn Y�oU i PROFILE acucxae s^.oa veq r=r j f e � i swncm wem oa�r+wcw�++c e,vm+lw.w,wesa �ewuaceruwsrR I erw#➢CR 9vaVIL[x LUtYOY I r(tYPa vmRmore +'Prra «m*a rAYPJ mor[ I wereceewwe apse raa.�a rnmrae rmra I I eueewn+x ow.vAaowrcwrnce as is � � a�ti_ � �rl __rxnaewmawaa®male �^ �. olrrx r� -�„ wrra ,�- trpww � � ROAOWAYPAVEMENTSECTICN INSERT � r�wu.uw 'r'—"1-VT vuara Ci°� rw.uaaao a^R+� TYPICAL ROADWAY CROSSSEGTION , ummecce i I LOCUS MAP Hor�a sue f]'j1��yP�{t�T q 9A Lada uvLLLf,• 10.GG0GIPFE! WFdh TONING DIMENSIONAL REGULATIONS^ owaa uNwauRvn zoNlNa olsrsncrr at 1CwHeF YX�N}i00+ER NKLOT PItFA-ffjwS. 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""— LOT 7 INDEX ym tOra COVER =7 SM6 SH sf F, SiTG PLNU FOA LOIS LQafi :ETGP FORL= SNEEMT10T40Ffi SRE PIPNFORLIIr5xa1 SHLETa OF6 R040WAY PNOFR.EAtYPICJLL ROAOwAY°FI:fIOH NMtmatDra FtarrNnttPLar ' rt�wa,vnrA utPtac,max �wut aoatmtrxLmrra�r wo,oec urn o aaaiaHiia.nr1°�'`iwsr u,Pta,t ASSESSOR REFERENCES REFERENCE DEEDS Lrww.cttchovnw wa sa waweu wvloec urn znoor;utasPaoexoF aauniMv sOXFORD STR-E even aha>nxsct a arAm.ue __ wPtme Larn Qy,,iO�aiam� ��"L CONVENTIONAL SUBDIVISION o awa PROOF PLAN AUTUMN WOODS COVER SHEET SHEET KEY MAP eNoac� NORTH ANDOVER,MASS. �Fmrm u,teevm e�asevLt top o tCa• a6p' �+`�r anoiovxntav�wvr ztrer�r �aovwoat� MWFAANGN/AIeN Dare wnexa>ma .aaayot. scALe r=tar tm' PR]N:S5IONAL MGw6fASGlANp Silkt•EYt,YCS CHRISTIANSEN&SERGI,INC. ��—7C$1 tntu rim:L4 uee'�Ln 91c[*t aP a vw0.N0.�lL}we> PLAN m n 4a w \ \ L•� F /'i l I ia1'\ \`\hi\\L` , \\ \ '`\`L.\\. A\\" \ Jil yi I S •` scntera<v � \\ I 1 \\ `�` `\ \ •G- ~ f i'$ .•_\, v1 �`x \`\ \\ L 1`\`\\M \` \L \\ l'`L/� \ •\` �\\ ,`- w` \\y/Lf\� ✓n 1�11i ` •�r�` .�.�1 ,'\ y��- \ -vim\L L \ - f ! LOT ILOT7\ n 0 IY ``�.�,r-�. r:\-`� Il L\` ��;d'L`♦,\i`g\ �. F7 f � NMM'6T.S309.F.\\\�`f`` L `� � i 1 • \ ♦ \�A GOY Pf.S2CH 5C. `Y `, � 1 5 ` � •�,y� -_r '--fib, �Yu"'"�5'`\`"r �\��• '"f."i'—.Y ��' J f \I �n ��-�• �j � 1 51 L 1 _�rG �,.. 6]MigIRi0P�116CMe HefiH4HIC CONVENTEONAL SUBDIVISION PROOFPLAN AUTUMN WOODS SITE PLAN N LOTS 1&7 rao Hl. NORTH ANDOVER,MASS. necoHe aomnHHlHSvlw�%r wwowr:urmpaoc�aol� w anw.wnxamHamSa t ,mnorclJemwnss wT%ilut�+,>une rRtlR'W1awl CMCINC2FCaV.N0R1gYL'fOtG CHRISTIANSEN&SERGI,INC. uu.wrnnaccr.IuvorolaL.msH,nH+Hu,n nun EM--. crs »mraevcawu¢r wxar�rxux�umn.mam,o•,a.,.aa>vw it I r I i u NN NN It Np� I I / ^,\, W+J— 'dr R L\ ` \� `` • $,tPYr L 1 aL.�ti"�~ ` "�tiA. 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CONVENTIONAL SUBDIVISION PLAN - PROOF PLAN i 4o• a en AUTUMN WOODS SITE LOTS 2,PLAN 6 s r•m 'o""'• NORTH ANDOVER,MASS. - �� OWRON PF�0.YPAgr MWNNC ��„�� ���t�ttw aFw^.."lIIPIAI ryss,�uAsds,xo�b �Lh AROFC.^S�bWiLII1�wNEEF156lANb SIlRVC1'ap9 CHRISTIANSEN&SERGI.INC. reo�mamscr�mbmmre> .ar:eveo'�' pmeP¢emm�wet ......_..... _-_. __._ _... .. .............. ................ ................ ................ ....................... ..................... .................. ............ ....... ___._. .............. .............. ... __.._. __._. ___,-...... ............ _.......... ,. ____ _..._.,.._ t a 1 t _ t t �/ �„✓'°"0'�°si�r 1�;� T.Yt'.C3^—�^r�-� t ! It t�`•`�t � r i 1� 5, r t Vi T. MA � / i �a3t¢�iazano9.r♦ �w..� a/ L �It t `�7 t I E ni'}}s ^.`\.1i,'` LO pr•.�..�..%w! _ r:m2""�',,, �� i•� �el`a �Y+7sbj��M ! _ y Y" m' .n ; f. .� 'gym I CONVENTIONAL SUBDIVISION �LI� PROOF PLAN AUTUMN WOODS SME PLAN e 1 LOTS 3,&4 PLANK NORTH ANDOVER,MASS. tiv " f •"•' dA 9 �P BP HEf.�� HCRTtlNKIAtlLYIiNST 'M11490W.00YLSOPIJ®!f i3 Yy _•_• ' a+na;s Ull��W vE aMMv,EK •�~ .^�» •. may it >aaovonwmeu TN<Fl4RUA IL]vm t y{ { 0 PROFES5IWJALENGINGEP3d L5N65URVM0� twa CHRISTIANSEN&SERGI,INC. } �� Sfivnma m,o FNC'n 01AV aI1ELT 49l vi6�28�fMfL tln0.NO.t�.ae.mv to vim.. • �m.a.ta M•Lfo I [ K-um 1 >.y wa vm i i to 1 j E]OSfIN6 uRAOE r t2 f P POSW GLG E _ W � 1 q v �j pp llam 1II �' P_d �� R+ �� Aa' �% Y, S L` �. 97 Rk 9y 9: •g %x �p %� 5g '� �. F� l 77- 7r7- face T•Lo te.m s•m we nm a.aa swo !m Nm tO! wro PROFILE PROOF'PI,AW ROAD vFznru.vuicr-� ��Ixf ANbM�I"MLL9COC&WRDICLW0.IRCM' pe�C1�OttnVlwE�lOP1R ��w�egT�i[C RdIIMATa�ANevavEJCRIMIWK& VMIEB ! VNkS voo-xfvnvM V•PIFa xT ,Gaf9�Y. [swW x w 0. k�W vnarts a1mF�LgIR6F .gym ri�T�[o. . Oq[p2 CLxelxEHanCWIXJMbEW Fl0�0 �[ _� mV3rt1E aLtaELLw+![IC6001 20trR n1 p�pP � fGME[mOMO®W1YIm'JAYh jWYl'JFID eY'ORAVEL60N T'RY� � rV f 1!!1 -LwN C4 OS[lCXMl11�:u1aPPm,pC. RpppWAY PAVFI.tENf SFCf10N_INS�R ma 1m.'tER M ¢ROOnO NOfiOaOrt[ CONVENTIONAL ssaeoivisIoH suea�Rq F PROOF PLAN ROADWAY PROFILE FOR AUTUMN WOODS &TYPICAL vRa�a NORTH ANDOVM MASS. ROADWAY f REcrnm oortmxswlavrtw[v* �ay.uEv¢uvNc*.T SECTION om �vm mw.vn[tvtmtvff�r e�'xlvooravmsrts.¢i meemu[o[.wtvx txacwacnlvu .rwvat,woovoteumvu EROF-assroNw¢vctNecasauMt suNvrraRs �,n . css CHRIS IANSEN&SERGI,INC. mfeoaxmrx fuv¢mLuau�W�-ttamm atcEr v ov v r[msa � vmv�numwan[hc.maLnam,v eucvro-vrsaev , i _ • • III A INTEROFFICE MEMORANDUM DATE: April 16,2015 TO: North Andover Planning Dept. FROM: Gene Willis CC: Bruce Thibodeau,and Thn Willett DPW; Phil Christiansen, CSZ Inc. RE: Autumn Woods Subdivision review#1 I have received a Preliminary PRD Plan for AUTUMN WOODS dated March 23, 2013 by Christiansen and Sergi Inc. I offer the following comments: 1. No analysis of the conventional subdivision proof plan has been done. 2. Will the project receive outside peer review? 3. There is an existing subdivision named Autumn Chase(Charlie Carroll) off Summer St. Consider name change? 4. Install catch basins at low points in pavement on either side of new road at the intersection with Boxford St. Pipe it to a sump DMH and then to a flared end outlet at the proposed treatment area to the west of new road. a. Install a flared end inlet from the bottom of the east treatment swale to the proposed catch basin on the easterly side of intersection with Boxford St. b. Install a flared end inlet from the bottom of the west treatment swale to the proposed new sump DMH. 5. Minimize volume of runoff to reach the intersection with Boxford St. a. Install catch basins at low points in pavement either of new road at+/-STA 3+00 and pipe it to a DMH and then a flared end outlet at the proposed treatment area to the west of new road. b. Install a culvert under roadway around STA 4+40.Pick up runoff flow in road shoulders/treatment swales and divert to BVW to north east via a new proposed swale. i. casement and deed restriction for above Swale will be required. 6. Driveway culverts to be minimum 12" diameter. 7. What are the proposed grades through the end of cul-de-sac and into lot 3? S. Lot grading needed. 9. Grading needed at the storm water treatment area. 10. Deed restrictions will be required for the 10' wide drainage easements on either side of roadway Ch am, Kristine From: Cheetham, Kristine Sent: Thursday,June 04, 2015 9:26 AM To: Cheetham, Kristine Subject: F=W: 602 Boxford Street-- Preliminary PRD Plan From: Enright, ,lean Sent: Wednesday, May 13, 2015 11.:10 AM To. Grant;Michele Cc; Cheetham, Kristine Subject: FW: 602 Boxford Street-- Preliminary PRD Plan Michele, Can you forward rrie a copy of any plans you based the comments below on. We had reviewed hard copy plans at my desk about a month ago, Didn't they submit plans to have their test pits/soils approved? Thanks Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688,9533 Fax 978.688,9542 Email: lenright@townofnorthandover.com Web: www.TownofNorthAndover.com From: Grant, Michele Sent; Friday, April 17, 2015 9:34 AM To: Enright, Jean Cc: Blackburn, Lisa Subject: RE: 602 Boxford Street-- Preliminary PRD Plan t Hi Jean, — . .nfi4� 1 Approved Plans 602 Boxford Street, Lots 1&2- Solls-Completed 602 Boxford-Little Red House 602 Boxford--Lots 3A,4,5, 6,7,S and 9 Please let me know what else you-need Thx Michele E.Grant f Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover,MA 01845 r ;� Phone 978.688.9540 j Fax 978.688.8476 Email m rant townofnorthandover.com I Web www.TownofNorthAndaver.com 'i From: Enright, ,lean Sent: Thursday, April 16, 2015 11.02 AM To: Grant, Michele Subject: 602 Boxford Street-- Preliminary PRD Plan Hi Michele, Can you please provide comments related to the septic plans submitted for 602 Boxford Street Subdivision. Do the locations/test pit data look ok? The proposal is on the Planning Board agenda for Tuesday,April 21. Thank you Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.689.9533 Fax 978.689.9542 Email: ienright@townofnorthandover.com Web: www.TownofNorthAndover.com 2 Enright, Jean From: Carol McGravey <chrn@uf-law,com> Sent: Wednesday, September 23, 2015 12:55 PM To: Enright,Jean Cc: Hughes,Jennifer Subject: RE:Wellington Woods, 602 &562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 Jean, After reviewing the decisions and the proposed Restriction, and talking with Jennifer,we agree with Jennifer's view that the NHESP Restriction should not be combined with the Town's. If there is anything else that you need, please let us know. Thanks. Carol Carol Hajjar McGravey Of Counsel Urbelis&Fieldsteel,LLP 155 Federal Street Boston,MA 02110 Phone:617-338-2200 Fax:617-338-0122 chm@uf-law.com ****CONFIDENTIALITY NOTICE* This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Urbelis&Fieldsteel,LLP which is"Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution and/or the taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately, Thank you. From: Enright, Jean [mailto:.JEnright@townofnotthandover.comj Sent: Thursday, September 17, 2015 5:06 PM To: Carol McGravey Subject: RE: Wellington Woods, 602 &562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 Sorry, I was going to include those and forgot. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978,688.9533 fax 978.688,9542 Entail: ienright@townofnorthandover,com Web: www.TownofNorthAndover.com 1 I I From: Carol McGravey [ma!Ito:chm@uf-law.com] Sent:Thursday, September 17, 2015 3:08 PM To: Enright, Jean Subject: RE: Wellington Woods, 602 &562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 Jean, Would you please send me copies of the relevant decision(s)7 Thanks. Carol Carol Hajjar McGravey Of Counsel Urbelis&Fieldsteel,LLP 155 Federal Street Boston,MA 02110 Phone:617-338-2200 Fax:617-338-0122 clim a uf-law.com ****CONFIDENTIALITY NOTICE**** This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Urhelis&Fieidsteel,LLP which is"Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution and/or the taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you, From: Enright, Jean [mallto:JEnri ht townofnorthandover.com] Sent;Thursday, September 17, 2015 3:03 PM To: Carol McGravey Subject: FW: Wellington Woods, 602 &562 Boxford St, North Andover, NHESP 14-33638, DEP 242-16SS Hi Carol, Would you please review the attached and advise. I have reviewed this with Jennifer Hughes and she does not believe this would be a good idea. I thought it would be best to run it by you before responding to John. . Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 2 i 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978,688.9533 Fax 978.688.9542 Email: jenright@townofnorthandaver.com Web: www.TownofNorthAndover.com . .� From: John Smolak[mailto:JSmolak(&smolakvaughan.com] Sent: Wednesday, September 16, 2015 4:28 PM To: Enright,Jean Cc: 'Phil Christiansen' Subject: FW: Wellington Woods, 602&562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 Hi Jean: i As you may recall,the Project Site is located entirely within Priority Habitat for the blandings turtle. As a result,the State Natural Heritage& Endangered Species Program (NHESP) is requiring the Applicant to impose a restriction of the site's open space,similar to the PRD Open Space requirements under Section 8.5 of the Zoning Bylaw.. Attached is the State's form of restriction which we have not yet completed. My question is whether the Board (and Town Counsel) would find It acceptable to use the State form from the NHESP Program as the same restriction being required under the PRD requirements under Section 8.5 of the Zoning Bylaw, provided that we can get the State to agree to a provision which gives the Town the right, but not the obligation,to construct trails within the open space areas. The NHESP Program would also require prior approval of the Town's construction of trails. If acceptable, then we do not have to have duplicate restrictions covering the same open space. Please advise. Regards, John John T. Smolak, Esq. Smofak&Vaughan LLP Tel, 978.327.5215 (Direct) 3 i From.:jesse.leddick@statemams To:pliil@csi-engr.com,lauren. lord ioso@state.ma.us CC: robtmessina t@aol.eom Sent: 8/12/2015 2:52:56 P.M.Eastern Daylight Time Subj:RE: 602&562 Boxford St,North Andover,NRRSP 14-33638,DEP 242-1655 i Phil, It was good to speak with you this afternoon. I look forward to receiving updated conceptual site plans as well as an estimate of the actual area of disturbance, as we discussed. In the meantime, and per your request, I have attached our template Declaration of Restriction for your use. If you have any questions, don't hesitate to contact me. Jesse --------------...._......_-_-_-----_-------__--------- Jesse Leddick Natural Heritage & Endangered Species Program Massachusetts Division of Fisheries &Wildlife 1 Rabbit Hill Road,Westborough, MA, 01587 Phone: 508-389-6386 Fax: 508-389-7890 www.mass.gov/masswildlife From: Glorioso, Lauren (FWE) [mai Ito:lauren.glorioso@state.ma.us] Sent: Tuesday, August 11, 2015 2:47 PM To: Phil Christiansen; dwedoe@townofnorthandover.com; Hughes,Jennifer; NERO_NOI (DEP); messinanewhomes@aol,com Subject: 602 &562 Boxford St, North Andover, NHESP 1.4-33638, DEP 242-1655 Good afternoon--Please see the attached letter regarding the status of the MESA project review. If you have questions or require a hard copy, please contact our office. Sincerely, 4 � Lauren GIorioso Endangered Species review Assistant Natural Heritage&Endangered Species Program l Division of Fisheries&Wildlife 1 Rabbit Hill Road 1 Westborough,MA 01581 ph:508-389-6361 1 fax:508-389-7890 lauren.glorioso®state.ma.us www.mass.gov/nhesp 1 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma s i I t I Enright, Jean From: Enright,Jean Sent: Wednesday, September 23, 2015 1:05 PM To: 'John Smolak' Cc: 'Phil Christiansen' Subject: RE:Wellington Woods, 602 & 562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 HI John, Carol McGravey has reviewed your request and the two Decisions for Wellington Woods and does not recommend that the NHESP Restriction be combined with the Town's. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978,688.9542 Email: jen right @town of northandover.com Web: www,TownofNorthAndover.com From: John Smolak [maiito:JSmolak@smolakvaughan.com] Sent: Wednesday, September 16, 201S 4,28 PM To: Enright, Jean Cc: 'Phil Christiansen' Subject: FW: Wellington Woods, 602 &562 Boxford St, North Andover, NHESP 14-33638, DEP 242-1655 Hi Jean: As you may recall, the Project Site is located entirely within Priority Habitat for the blandings turtle. As a result, the State Natural Heritage & Endangered Species Program =NHESP) Is requiring the Applicant to impose a restriction of the site's open space,similar to the PRD Open Space requirements under Section 8.5 of the Zoning Bylaw.. i. Attached is the State's form of restriction which we have not yet completed. My question is whether the Board (and Town Counsel)would find it acceptable to use the State form from the NHESP Program as the same restriction being required under the PRD requirements under Section 8.5 of the Zoning Bylaw, provided that we can get the State to agree to a provision which gives the Town the right, but not the obligation,to construct trails within the open space areas. The NHESP Program would also require prior approval of the Town's construction of trails. If acceptable,then we do not have to have duplicate restrictions covering the same open space. Please advise. Regards, John John T.Smolak, Esq. Smolak&Vaughan LLP Tel. 978.327.5215 (Direct) From:,iesse.leddick@state.ma,us To:phil@osi-en �g Cam,lauren,glorioso@state.ma.us CC:robtmessina@aol.com Sent: 8/12/2015 2:52:56 P.M.Eastern Daylight Time Subj:RE: 602&562 Boxford St,North Andover,NHESP 14-33638,DEP 242-1655 Phil, It was good to speak with you this afternoon. I look forward to receiving updated conceptual site plans as well as an estimate of the actual area of disturbance, as we discussed. In the meantime, and per your request, I have attached our template Declaration of Restriction for your use. If you have any questions, don't hesitate to contact me. .. resse ------------------------------------------------- Jesse Leddick . Natural Heritage &Endangered Species Program Massachusetts Division of Fisheries &Wildlife 1 Rabbit Hill Road,Westborough, MA, 01581 z Phone: 508-389-6386 Fax: 508-389-7890 i www.mass.gov/masswildlife From: Glorloso, Lauren (FWE) [mailto:lauren.glorioso@state.ma,us] Sent: Tuesday, August 11, 2015 2:47 PM To: Phil Christiansen; dwedge@townofnorthandover.com; Hughes, Jennifer; NERO_NOI (DEP); mess!na newhomes @aol.com Subject. 602 & 562 Soxford St, North Andover, NHESP 14-33638, DEP 242-1655 Good afternoon—Please see the attached letter regarding the status of the MESA project review. If you have questions or require a hard copy,please contact our office. ` Sincerely, Lauren Glorioso Endangered Species Review Assistant' Natural Heritage&Endangered Species Program ( Division of Fisheries&Wildlife 1 Rabbit Hill Road I Westborough,MA 01581 ph: 508-389-6361 ] fax:508-389-7890 lauren.glorioso®staterma.us j wwvv.mass.gov/nhesp � 3 E Please make your changes using the "Track Changes" function by going to Tool/Track Changes). DECLARATION OF RESTRICTION THIS DECLARATION OF, RESTRICTION (hereinafter the "Declaration") is made this day of 20_, by [owner of land], [address'of record for owne (hereinafter the"Declarant"). WITNESSETH WHEREAS, Declarant is the owner of that certain parcel [or subd dk6.1 ] of land known as [game of parcel and subdivrsrar located in the Town of [Town], [County], Massachusetts (hereinafter the "Property"), shown on [Tide of recordable plirn] dated [date and last revision date of plan], prepared by [Surveyor oz engineeruig frrn ], and recorded in the [County] County District Registry of Deeds at Plan Book as Plan (the"Plan");and WHEREAS, the Property contains unportant habitat, breeding`;sites, and im- atior routes far.wddli e including the [insert species name] (scientific name)'which at the time of this recording is listed as [rnsert'sta1 c s] pursuant to the Massachusetts Endangered Species Act (MESA) (G.L. c. 131A:3 and 321 CMR 10.23); and WHEREAS, Declarant desires to protect a significant contiguous area of this rare species habitat as an integral part of the development of the Property;and WHEREAS, the Property is subject to the terms and provisions of MA Endangered Species Act [G.L. c. 131A]; and . WHEREAS,Declarant desires and agrees that the [legally descrFbepartion of lan fa be protected,eg,`.`back portions of each of Lots 1 96 inclusive,shown on sa7d Plan as "Opp Space"], which Open Space in total contain approximately [acreage of restriction] acres as shown on said Plan, shall be maintained in perpetuity as habitat and open space, subject to the Prohibited Acts and Uses and Reserved Rights set forth below; NOW, THEREFORE, Declarant hereby voluntarily declares and imposes in perpetuity upon the Open Space the following covenants, conditions and restrictions for the benefit of Declarant, its successors and assigns, the Town of [Towri] [hereinafter the "Town"], and the Commonwealth of Massachusetts Division of Fisheries and Wildlife [hereinafter the "Division"], and said Property shall be held, transferred, sold, conveyed, occupied and used subject to the covenants,conditions,and restrictions hereinafter set forth. 1. Prohibited Acts and Uses. Subject to the exceptions set forth in Section 2 below, the following acts and uses are prohibited in the Open Space: A. Construction or placing of any building, tennis court, landing strip, mobile home, swimming pool, fences, asphalt or concrete pavement, sign, billboard or other advertising display, antenna, tower, or other temporary or permanent structure or facility in,on,above or below said Open Space. beelarationofRostriction 5 19 O8 B. Mining, excavating, dredging or removing soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit. C. Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance of material whatsoever or the installation of underground storage tanks. D. Cutting, removing or otherwise destroying trees, grasses or other vegetation or disturbance of shrubs,ground,forest floor or leaf litter. E. The use of motorized vehicles of any kind, except as required by the police, fire department or any other governmental agents in carrying out their lawful duties. F. The further subdivision of the Open Space. G. Activities substantially detrimental to drainage, flood control, water conservation, erosion control or soil conservation. H. Any other use of or activity on the Open Space which would materially impair significant conservation interests thereon unless necessary for the protection of the conservation interest that are the subject of this restrictive covenant. 2. Reserved Rights` Notwithstanding any provisions herein to the contrary, Declarant reserves to itself and its successors and assigns the right to: A. establish, enforce, waive, alter and amend such additional rules, regulations, covenants, conditions and restrictions governing use of the Open Space as are not otherwise prohibited by this Declaration of Restriction as agreed to in writing by the Division and allowed by applicable federal, state or local law or regulation,and B. conduct or permit the following activities in the Open Space if such acts do not materially impair significant conservation interests: 1) Selective cutting or pruning of trees and vegetation to maintain access to and over existing footpaths located thereon and for protection of persons and property from imminent risks of harm or damage to persons and structures. 2) Construct fences or necessary boundary markers on the Open Space upon written consent by the Division, such consent not to be unreasonably witl-di eld. 3) Habitat management activities, including forestry, may be permissible with prior written approval from the Natural Heritage and Endangered Species Program of the Division of Fisheries and Wildlife (the "Division'),its successors and assigns; 2 i 3. Monuments and-..Sig giage. The Declarant and the Declarant's Successors shall maintain in good condition any, bounds, monuments, markers and signs shown on the Plan, demarcating the boundaries of the Open Space, and shall repair and or replace said monuments and signage on an as needed basis. i' 4. Term - Binding Effect In Perpetuity. This Declaration of Restriction and its provisions herein set forth shall run with the Open Space as shown on said Plan in perpetuity from the date of recordation in the [County District Registry of Deeds and shall be binding upon Declarant, Declarant's successors and assigns, and any other party having an ownership interest in said Open Space or claiming to have an interest with respect to said Open Space as tenants, invitees, licenses or otherwise, and all of the respective heirs, successors, grantees, mortgages, assigns, agents, contractors, subcontractors and employees of the foregoing. This Declaration of Restriction is hereby intended and declared to be in perpetuity and no re-recordation of this Declaration of Restriction under G.L. c. 184, ss. 23-30 or any other law shall ever be necessary in order to maintain the full legal effect and authority hereof and Declarant and its successors and assigns, including but not limited to all subsequent owners of the Open Space, hereby waive all their legal right to and shall forego any action in law or equity of any bind whatsoever attempting to contest the validity of any provision of this Declaration of Restriction and shall not, in any enforcement action, raise the invalidity of any provision of this Declaration of Restriction. Notwithstanding anything inconsistent or to the contrary set forth above, the Town and the Division are hereby authorized, Jointly and severally, to record and file any notices and/or instruments that the Town and/or the Division deem appropriate to assure the legal validity and enforceability in perpetuity of this Declaration of Restriction and the Declarant, on behalf of itself and its successors and assigns, hereby appoints the Town and the Division as its and their attorney-in-fact to Jointly or severally execute, acknowledge, deliver and record any such notice or instrument on its and/or their behalf. Without limiting the forgoing, the Declarant and its successors and assigns agree to execute any such notices and instruments upon request of the Town or the Division. 5. Enforceability. The Town and the Division, Jointly and severally, shall have the authority and right to enforce this Declaration of Restriction and are a benefitted parties. The Town and the Division,Jointly and severally, shall have the right to enter the Open Space, in a reasonable manner and at reasonable times, for the purposes of(i) inspecting the Open Space to determine compliance with this Declaration of Restriction; (ii) enforcing this Declaration of Restriction; and (iii) taking any other action which may be necessary or appropriate. The Town and the Division, Jointly and severally, shall have the right to bring proceedings at law or equity against any party or parties violating or attempting to violate the terms of this Declaration of Restriction to enjoin them from so doing and to 3 t i cause any such violation to be remedied, including but not limited to restoration of the portion of the Open Space adversely affected, after providing written notice to such party or parties and all mortgagees of record if the names and addresses of such parties and mortgagees have been provided in writing to the Town and the Division. 6. SeverabilLV If any court or other tribunal of competent jurisdiction determines that any provision of this Declaration of Restriction is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein, In either case, the remaining provisions of this instrument shall remain in full force and effect. 7. Non-Waiver. Any election by the Town and/or the Division as to the manner and timing of its right to enforce this Declaration of Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights, 8. Access. This Declaration of Restriction does not grant to the Town, the Division, the general public, or to any other person or entity any right to enter upon the Property except the right of the Town and the Division to enter the Property at reasonable times and in a reasonable manner for the purpose of inspecting the same to determine compliance herewith and enforcing this Declaration of Restriction as set forth in Section 5 above. 9. Incorporation Into Deeds, Mortgages, Leases and Instruments of Transfer. Declarant and Declarant's successors and assigns, including all subsequent owners of the Open Space or portions thereof, shall incorporate this Declaration of Restriction, in full or by reference, into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer by which an interest in and/or a right to use the Open Space or any portion thereof is conveyed. Any such deed, mortgage or other interest purporting to convey any portion of the Open Space without including this Declaration of Restriction in full or be reference shall be deemed and taken to include said Declaration of Restriction in full even though said Declaration of Restriction is not expressly described or referenced therein. 10. Recordation/Registration. Declarant shall record and/or register this Declaration of Restriction with the appropriate Registry of Deeds and/or Land Registration Office upon the later of (i) thirty (30) days of its date of execution or (ii) the conveyance of the first Lot located on the Plan to a bow fide purchaser. 11. Am,endbnent and Release. No amendment or release of this Declaration of Restriction shall be effective unless it has been approved in writing by the Division [hereinafter the Division Approval] and said amendment or release and the requisite Division Approval has been recorded with the appropriate Registry of Deeds anal/or Land Registration Office. 4 i s . 1 1 IN WITNESS WHEREOF, [name of signatory, owner of land], has caused these presents to be.signed, acknowledged and delivered in its name and behalf this day of I 20_. By: i COMMONWEALTH OF MASSACHUSETTS ss. .20_ On this day before me, the undersigned notary public, personally appeared( name), proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, ❑ personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public SEAL My Commission Expires: 5 Enright, Jean From: Brian Vaughan <BVaughan@smolakvaughan.com> Sent: Tuesday, October 27, 2015 12:14 PM To: Enright,lean; Carol McGravey(chm@uf-law.com) Subject: RE:Wellington Woods Subdivision Attachments: Pro Forma Deed (Wellington Woods Subdivision) (00094865xBC4F6).doc; Drainage Easement (Wellington Way) (00094868xBC4F6).doc Hi Jean, I spoke with John and my understanding was that the Town was accepting a Conservation Restriction over the Open Space but that the fee was being deeded to the HOA. I have also attached drafts of the Easement to Town and draft of Pro Forma Deed. i From, Enright, Jean [mallto:JEnright(c�townofnorthandover.com] Sent: Friday, October 23, 2015 8:06 AM To: Carol McGravey(chm@uf-law.com); Brian Vaughan Subject: FW: Wellington Woods Subdivision Hi Carol and Brian, Carol---I have attached the Definitive Subdivision Decision and the PRD Special Permit Decision for your review. Brian---Although I picked up this filing well into the discussions, my understanding was that the Open Space would be deeded to the The Town of North Andover(and a Conservation Restriction) like the abutting Open Space parcel for the Brookview Drive PRD. The Planning Board was interested in trails being established at some point in the future, if feasible. John Smolak was at the hearing when this was discussed. Do you mind checking with him to see if this is his understanding as well? The HOA would still have to maintain the stormwater structures in the Open Space parcel. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA Q1845 Phone 978.688,9533 Fax 978.688.9542 Email: lenright@townofnorthandover.com Web: www.TownofNorthAndover.com 1 From: Brian Vaughan [maiito:BVau han smolakvau han.com] Sent: Thursday, October 22, 2015 6:11 PM To: Enright,Jean; 'Carol McGravey' Subject: Wellington Woods Subdivision Hi Jean/Carol, Attached is a proposed draft of Homeowner Association Trust and Common Scheme Retsriction for the Wellington Woods subdivision for your review. By way of background to Carol this is one that was approved as a PRD subdivision and where the open space is being deeded to the Homeowner Association, and the open space will also be subject to a Conservation Restriction which I think John may have already been working on with you. Attached draft remains subject to client review. Regards, Brian Brian G. Vaughan, Esq. Smolak &Vaughan LLP Tel: 978.327.5217 (Direct) Email: bvaughanCa.smolakvaughan.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www,facebook.com/northandoverma 2 4 Y e. I 1{ I I ! INTEROFFICE MEMORANDUM i DATE: October 29,2015 i TO: Planning Department FROM: Gene Willis CC: Bob Messina RE: Wellington Woods Subdivision--Sidewalk Construction bond I I Be advised the DPW has received check#10758 from Messina Development Corp. a bond in the amount of$6960.00 in lieu of sidewalk construction in the above mentioned subdivision. This amount represents 696 feet of sidewalk at the established price of$10.00 per lineal foot. See attached copy of check and receipt 02366. This amount has been sent to Treasurer's Office for deposit in the Town's sidewalk fund. i i i i i 1 f I I i i cjy\ C . 1 3. Ownership and Accessibility; _ ��0'i ) I peoi red CesnS�N� ��~ a. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: i. A non-profit organization or trust whose members are all the owners and occupants of the units; ii. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space; j ili. The Town of North Andover; and 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 units located in a PRD Project. b. The usable open space shall be to greatest extent practicable accessible to the general public (unless restricted) and not for the exclusive use of a homeowner, homeowners' association or non-profit organization. For open space maintained strictly for active agricultural purposes, public access may be limited or completely excluded. This agricultural and access restriction shall be included as a deed restriction running with the land. , 4. Restrictions: a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such 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. b. Such restriction(s) shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. G. Calculation of Allowable Residential Except as noted in Subsection H below, the maximum number of buildable lots anal/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from,an approved conventional subdivision plan. In order to determine the residential density of a PRD,the applicant must submit to the Planning Board a plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 1V of the "Rules and Regulations Governing the Subdivision of Land" in effect at the time of plan submittal, 2. is fully compliant with the "Zoning Bylaw" in effect at the time of plan submittal, and 3. requires no zoning variances. The Planning Board will use this plan to determine the maximum number of buildable lots and/or dwelling units allowed in a:PRD. H. Density Bonuses 1. Affordable Housing Bonus For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20%if the developer designates at least 30% of the total number of units for use in 107 1 Enright, Jean From: Enright,Jean Sent: Thursday, October 29, 2015 8:02 AM To: 'Brian Vaughan' Cc: John Smolak Subject: RE:Wellington Woods Subdivision Thanks, Brian. Yes, the CR is a requirement for the PRD and I agree it does not need to be completed prior to construction. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Pax 978.688.9542 Email, jenright@townofnorthandover.com Web: www,TownofNorthAndover.com i From: Brian Vaughan [mailto:BVaughan@smolakvaughan.com] Sent: Wednesday, October 28, 2015 5:52 PM To: Enright, Jean Cc: John Smolak Subject: RE: Wellington Woods Subdivision Hi Jean, I don't think the Conservation Restriction (CR) was a requirement specified in decisions but is perhaps maybe a general requirement under the bylaw for PRIJ. And it wasn't referenced in my drafts that I sent over previously.And don't believe the CR was/is a condition prior to construction, in any event, as they often take some time to finalize. But John is working on the Conservation Restrictions regardless.There will actually be 2 separate CR's. One CR will be with National Heritage which is almost complete, and a second one will be in favor of the Town/Con Comm.That one is in preliminary form and has not been circulated yet. But John did obtain a form to use from Carol McOravey that she has used in past and which she is comfortable with so hopefully that will be approved quickly and without much negotiation. I've copied John in case he has anything to add or if you have any further questions about the CR.Thanks. From: Enright, Jean [malito:JEnright@townofnorthandover.com] Sent: Wednesday, October 28, 2015 3:05 PM To: Brian Vaughan Subject: RE, Wellington Woods Subdivision Hi Brian, Regarding the Conservation Restriction, which document does it specify that a Conservation Restriction will be placed over the Open Space parcels? Sorry, I am new to this, but I do not see that requirement. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978.688,9542 Email: jenright@townofnorthandover.com Web: www.TownofNorthAndover.com From, Brian Vaughan (mailto:BVaughanCa)smolakvaughan.com] Sent: Tuesday, October 27, 2015 12:14 PM To: Enright, Jean; Carol McGravey (chm@uf-law.com) Subject: RE: Wellington Woods Subdivision Hi Jean, i spoke with John and my understanding was that the Town was accepting a Conservation Restriction over the Open Space but that the fee was being deeded to the HOA. I have also attached drafts of the Easement to Town and draft of Pro Forma Deed. From: Enright, Jean [mailto:JEnright(&townofnorthandover.com] Sent: Friday, October 23, 2015 8:06 AM To: Carol McGravey(ehm@uf-law.com); Brian Vaughan Subject; FW: Wellington Woods Subdivision Fli Carol and Brian, Carol---I have attached the Definitive Subdivision Decision and the PRD Special Permit Decision for your review. Brian---Although I picked up this filing well into the discussions, my understanding was that the Open Space would be deeded to the The Town of North Andover(and a Conservation Restriction) like the abutting Open Space parcel for the Brookview Drive PRD. The Planning Board was interested in trails being established at some point in the future, if feasible. John Smoiak was at the hearing when this was discussed. Do you mind checking with him to see if this is his understanding as well? The HOA would still have to maintain the stormwater structures in the Open Space parcel. Sincerely, 2 V lean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood street,suite 2035 North Andover, MA 01845 Phone 978.688.9533 Fax 978.688.9542 Email: jenripht@townofnorthandover.com Web: www.TownofNorthAndover.com From: Brian Vaughan [mallto:BVaughan@smoialcvaughan.com] Sent: Thursday, October 22, 2015 6:1 1 PM To: Enright, .Jean; 'Carol McGravey' Subject., Wellington Woods Subdivision Hi Jean/Carol, Attached is a proposed draft of Homeowner Association Trust and Common Scheme Retsriction for the Wellington Woods subdivision for your review. By way of background to Carol this is one that was approved as a PRD subdivision and where the open space is being deeded to the Homeowner Association, and the open space will also be subject to a Conservation Restriction which l think John may have already been working on with you. Attached draft remains subject to client review. Rega rds, Brian Brian G. Vaughan, Esq. Smolak &Vaughan LLP Tel: 978.327.5217 (Direct) Email: bvaughan(cDsmolakvaughan.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law, 3 Visit us online at www.townofnorthandover.com Social Networks twitter.cominorth andover www.facebook.com/northandoverma All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.corn/north_andover www.facebook.com/northandoverma 4 Date: September 9, 2015 Dear; Bob Messina, Messina Development Corp. As you know,the Planning Board issued a decision for the following permit: Messina Development Corp. Name of Applicant 602 Boxford Street—Wellington Woods North Andover, MA 01845 Location of Premises ■rrrrrrrrrrrrrrrrrrrrrrnrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Your 20-day appeal period will have passed at midnight on the following date: 9/29/2015 1. Once the appeal period has passed, please pick up your Town Cleric-certified copy of the Planning Board's decision from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (phone:978-688-9501). 2. Please make a paper copy of the final approved site development plan and any other applicable plans and bring to 1600 Osgood Street to have the Town Planner sign the final plans. These plans are to be attached to the Town Cleric-certified copy of the Planning Board's Notice of Decision. 3. Please bring the Town Cleric-certified copy of the decision with the Town Planner signed plans attached to the North Essex Registry of Deeds,354 Merrimack Street, 3`a floor,entrance C, Lawrence, Ma 01843 (phone 978-683-2745),as the decision and plans must be filed at the Registry of Deeds as soon as possible. 4. Once this is completed please bring:two(2)copies of the recorded,certified decision and the Registry of Deeds receipt to the Planning Department which is located at Town of North Andover, 1600 Osgood Street, Suite 2035, North Andover, MA 01845. Failure to file the decision with the Registry of Deeds will result in your inability to exercise your special permit and/or definitive subdivision approval and your inability to obtain a building permit with the Building department. A Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced or an extension has been granted by the Planning Board. If you have any questions, please feel free to call (978-688-9535)or fax(978-688-9542), during regular business hours. i i 1 a COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning Any appeal shall be filed within(20)days after the Y''`� date of filing this notice in ,, S the office of the Town Clerk. NOTICE OF DECISION Special Permit-Planned Residential Develo ment Wellington Woods Date: September 1,2015 Hearing Date: July 21, 2015,Aug. 18,2015, Sept. 1, 2015 Decision Date: September 1, 2015 Petition Of: Messina Development 277 Washington St. Groveland,MA 01834 Premises Affected: 602 Boxford Street(Map 105C,Lot 22) North Andover,Ma Refexxing 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 falf of the North Yndover Planning Board John Simons, Chairman David Kellogg Peter Boynton Lora McSherry Lynne Rudnicki 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 c. 40 See, 9. The public hearing was opened on July 20, 2015 and closed on September 1,2015.The area affected is in the Residence I Zoning District. FINDINGS The Planning Board makes the following findings as required by the Zoning Bylaw Sections 10.3 & 10.31 I. 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. 1 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 1n 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 from Section 6.8.1 Table IA, Length of cul-de-sac, minimum pavement width of a residential street, Section 6.9 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.D 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 Iocated 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. 2 602 Boxford 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 wilt: 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 Street,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.D 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 11 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. 3 602 Boxford Street Wellington Woods Pitt]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 making 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 Defmitive 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 cul-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 i� 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. 4 602 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 Plainer. 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 fi•om the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being I adhered to, and that any unforeseen circumstances have been adequately addressed, 21. After the conveyance of each residential lot, the applicant must provide the Planting 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 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, 23. Tree cutting shall be Dept to a rnirtimuin 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 determined 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 k i 602 Boxford Street Wellington Woods PRD Special Penn it hearing, or might otherwise require a modification to the original Special Permit approval. The Plamring Board holds the final authority on determination of significance of proposed plan changes. 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.I 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 179 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 from being contiguous to Parcel B under Section 8.5.7.Ii.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 Sheet 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. hie. 6 r " 602 Boxford Street Wellington Woods PRD Special Permit 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi,hic. 160 Suminer Sheet Haverhill,MA 01830 Date; June 26,2015 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 Cleric. cc: Town Departments Applicant Engineer Abutters Assessor File I 7 i MAYNARD CONSTRUCTION 22 DUSTIN DRIVE CENTER BARNSTEAD ,NH 603-776-7228 MESSINA DEVELOMENT 277 WASHINGTON STREET GROVELAND,MA 01834 OCTOBER 30,2015 CONSRUCTION SCHEDULE PROJECT: "WILLINGTON WOODS"N.Andover,MA The following is an approximation and may vary due to circumstances beyond our control,such as weather, site or soil conditions,etc. Approximate Description Approximate Starting Completion Date Date 10/27/15 Pre-construction meeting 10/21/15 Erosion control installation and inspection 10/21/15 11/09/15 Cut and clear trees and remove stumps 11/16/15 11/16/15 Stripping roadway and pond areas 12/18/15 Sub-grading roadway Loaming,seeding, and site stabilization ongoing 12/18/15 Start pond construction and drain system 12/24/15 12/28/15 Start water system 01/15/16 01/15/16 Complete drain system with.laterals 02/18/16 02/18/16 Install electric and gas crossings 02/24/16 03/11/16 Prep roadway for gravel courses 03/24/16 03/22/16 Install gravel courses 03/25/16 03/25/16 Fine grade for paving 04/02/16 04/02/16 Install binder course pavement 04/02/16 04/04/16 Install electric 04/15/16 Respe V Su mitte 9 7 - Dave Maynard,Mayn Construction Enright, Jean From: Lois Christiansen <lois@csi-engr.com> Sent: Friday, October 30, 2015 9:45 AM To: Enright,Jean Subject: FW: Construction General Permit NOI Active v0,0,q Attachments: Attachment - 1.pdf;Attachment -2.pdf Good morning, Bob requested that you receive a copy. It this is NOT what you are looking for, please advise. Thanks, Lois Lois Christiansen Christiansen & Sergi, Inc 160 Summer Street Haverhill, MA 01830 978-373-0310 ext. 11 FAX:978-372-3960 vwvw.csi-encir.com From: noreply@epa.gav_ [mailto:noreply@epa.govl Sent: Monday, October 19, 2015 12:02 AM To: Lois Christiansen <lois csi-en r.com> Cc: Phil Christiansen<phiI@csi-engr,com>; cep@epa.gov Subject:Construction General Permit NOI Active Company: Messina Developoment ATTN: PHILIP Christiansen 277 WASHINGTON ST GROVELAND MA 01834 Project/Site: Wellington Way 602 Boxford St North Andvoer MA 01845 Permit Tracking Number: MAR12BC35 This email acknowledges that a complete Notice of Intent(NOI) form seeking coverage under EPA`s Construction General Permit(CGP) is now active. Your NOI was completed and submitted on Monday, October 5,2015, Coverage under this permit began at the conclusion of your 14 day waiting period on Monday, October 19, 2015, unless otherwise notified by EPA. For tracking purposes,the following number has been assigned to your NOI form:MAR12BC35. Attached to this email, you will find an electronic copy of your completed NOI which should be posted at your site. As stated above,this email acknowledges receipt of a complete NOI. However, it is not an EPA determination of the validity of the information you provided. Your eligibility for coverage under this permit is based on the validity of the certification you provided. Your electronic signature on this form certifies that you have read, - a, understood, and are implementing all of the applicable requirements. An important aspect of this certification requires that you have correctly determined whether you are eligible for coverage under this permit. As you know, the CGP requires you to have developed a Stormwater Pollution Prevention Plan(SWPPP) prior to submitting your NOI. The CGP also includes specific requirements for erosion and sediment control, stabilization,pollution prevention, inspections, corrective actions, and staff training. You must also comply with any additional location-specific requirements applicable to your state or tribal area as described in the CGP. Note that a copy of the CGP must be kept with your SWPPP. An electronic copy of the CGP and additional guidance materials can be viewed and downloaded at: http://www.epa.gov/npdes/stormwater If you have general questions regarding the stormwater program or your responsibilities under the CGP,please call your region contact. Regional contact email and phone number can be found at: http://cfpub.epa.gov/Lipdes/contacts.cfm If you have questions about your NOI form,please call the EPA NOI Processing Center at 1-866-352-7755 (toll free) or send an inquiry via the online form at: http://cfpub.epa.gov/npdes/noicontact,efm If you have difficulty accessing CDX,please contact the CDX Help Desk at: (888) 890-1995. You can return to the eNOI system using the following link at any time https:/Icdx.epa.gov/SSL/cdx/lo ig n.asp. EPA NOI Processing Center Operated by Avanti Corporation 1200 Pennsylvania Ave., NW Mail Code: 4203M Washington, DC 20460 1-866-352-7755 2 I t Company: Messina Developoment ATTN: PHILIP Christiansen 277 WASHINGTON ST GROVELAND MA 01834 Project/Site: Wellington Way 602 Boxford St North Andvoer MA 01845 Permit Tracking Number: MAR12BC36 This email acknowledges that a complete Notice of Intent (NOI) form seeking coverage under EPA's Construction General Permit (CGP) is now active. Your NOI was completed and submitted on Monday, October 5, 2015. Coverage under this permit began at the conclusion of your 14 day waiting period on Monday, October 19, 2015, unless otherwise notified by EPA. For tracking purposes, the following number has been assigned to your NOI form:MAR12BC35. Attached to this email, you will find an electronic copy of your completed NOI which should be posted at your site. As stated above, this email acknowledges receipt of a complete NOL However, it is not an EPA determination of the validity of the information you provided. Your eligibility for coverage under this permit is based on the validity of the certification you provided. Your electronic signature on this form certifies that you have read, understood, and are implementing all of the applicable requirements. An important aspect of this certification requires that you have correctly determined whether you are eligible for coverage under this permit. As you know, the CGP requires you to have developed a Stormwater Pollution Prevention Plan (SWPPP) prior to submitting your NOI. The CGP also includes specific requirements for erosion E and sediment control, stabilization, pollution prevention, inspections, corrective actions, and staff training. You must also comply with any additional location-specific requirements applicable to your state or tribal area as described in the CGP. Note that a copy of the CGP must be kept with F your SWPPP, An electronic copy of the CGP and additional guidance materials can be viewed and downloaded at: http://www.epa.gov/npdes/stormwater If you have general questions regarding the stormwater program or your responsibilities under the CGP, please call your region contact. Regional contact email and phone number can be found at: http://cfpub.epa.govinpdes/contacts.cfm If you have questions about your NO] form, please call the EPA NOI Processing Center at 1-866- 352-7755 (toll free) or send an inquiry via the online form at: http://cfpub,epa.gov/npdes/noicontact.cfm If you have difficulty accessing CDX, please contact the CDX Help Desk at: (888) 890-1995. You can return to the eNOI system using the following link at any time https://cdx.epa.gov/SSL/cdx/login.asp, { i EPA NOI Processing Center Operated by Avant! Corporation 1200 Pennsylvania Ave., NW Mail Code: 4203M Washington, DC 20460 1-866-352-7755 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY NPDES WASHINGTON DC 20460 Form Approved, FORM NOTICE OF INTENT(NOI)FOR STORMWATER DISCHARGES OMB Nos,Approved. 3510 9 04 ASSOCIATED WITH COSTRUCTION ACTIVITY UNDER AN E PA NPDES GENERAL PERMIT Submission of this Notice of Intent(NOI)constitutes notice that the operator Identified In Section II of this form requests authorization to discharge pursuant to the €NPDES Construction General Permit(CGP)permit number identified in Section I of this form.Submission of thds NOI also constitutes notice that the operator Identified In Section II of this form meets the eligibility requirements of Parts 1.1 and 1.2 of the CGP for the project Identifed in Section III of this form.Permit coverage Is required prior to commencement of construction activity until you are eligible to terminate coverage as detailed in Part 8 of the CGP.To obtain authorization,you must submit a complete and accurate NOI form.Discharges are not authorized If your NOI Is incomplete or Inaccurate or if you were never eligible for permit coverage. Refer to the instructions at the end of this form. �r r��P�"Q1lmC tQ U�ia1'aper�01�orfn ',. Have you been given approval from the Regional Office to use this paper NOI form'? Yes NO If yes,provide the reason you need to use this paper form,the name of the EPA Regional Office staff person who approved your use of this forth,and the date of approvai: Reason for using paper form: Name of EPA staff person: Date approval obtained: *Note:You are required to obtain approval from the applicable Regional Office prior to using this paper NOI form. 11r PIt#1rlf+�It41atID1 , Tracking Number(EPA Uea:Only)MAR12BC3S Permit Number: MAR120000 (see Appendix 8 of the CGP for the list of eligible permit numbers) Name: Messina Developoment Phone: 9783730310 Fax(Optional): Email: phil@csi-engr.com IRS Employer Identification Number(EIN): 04-3070198 Point of Contact(First Name,Middle Initial,Last Name): PHILIP Christiansen Mailing Address: Street: 277 WASHINGTON ST City: GROVELAND Slate: MA .Zip: 01834 NOI Preparer(Complete If NOI was prepared by someone other than the certifier): Prepared by(First Name,Middle Initial,Last Name): Lois Christiansen Organization: CHRISTIANSEN Phone: (978)373-0310 Fax(Optional): E-mail: lais@csi-engr.com EPA Farm 3510-9 Status:Active Page:1 of 4 ��>�rojao�l8�te fnfonittl�ttcn „- � r Project/Site Name: Wellington Way ProjectfSite Address: Street/Location: City: NorthAndyoer State: MA Zip: 0845 County or similar government subdivision: Essex For the projectisits for which you are seeking permit coverage,provide the following information: Latitude/Longitude(Use one of three possible formats,and specify method) Latitude 1. N(degrees,minutes,seconds) Longitude 1. W(degrees,minutes,seconds) 2. N(degrees,minutes,decimal) 2. W(degrees,minutes,decimal) 3, 42.6680 N(degrees,decimals) 3. 71.0474 W(degrees,decimals) Latitude/Longitude Data Source:Z U.5.G,8 topographicat map ❑ EPA Web site ❑ GPS ❑ other: If you used a U.S.G.S.topographic map,what was the scale?1:24000 Horizontal Reference Datum: ❑ NAD 27 ❑NAD 33 or WGS 84 0 Unknown Is your project located In Indian Country lands? ❑Yes m No If yes,provide the name of the Indian tribe associated with the area of Indian country(including name of Indian reservation,if applicable),or if not in Indian country,provide the name of the Indian tribe associated with the property: Are you requesting coverage under this NO)as a"federal operator'as defined in Appendix A? ❑Yes No Estimated Project Start Date:1 111 512 0 1 5 Estimated Project Completion Date:11/1512018 Estimated Area to be Disturbed(to the nearest quarter acre):4.0 Have earth-disturbing activities commenced on your projectlsito? ❑Yes No If yes,Is your project an emergency-related project? []Yes No Have stormwater discharges from your project/site been covered previously under an NPDES permit? ❑Yes [Z] No If yes,provide the Tracking Number If you had coverage under EPA's CGP or the NPDES pen-nit number if you had coverage under an EPA individual permit: 4, 1isc�i�l�jp Cin�am�l4�sn Does your project/site discharge stormwater Into a Municipal Separate Storm ❑Yes m No Sewer System(MS4)? Are there any surface waters within 60 feet of your project's earth disturbances? ❑ Yes Z No Receiving Waters and Wetlands Information:(Attach a separate list If necessary) Surface water(s)to Impaired Water Listed Water Pollutant(s) Tier 2,2.S or 3 Source TNIDL tame and which discharge I I Pollutant no name INo I JNo I not on list Describe the methods you used to complete the above table:Please refer to the Source(s)In the above table, ICra�tl'1e4iy� Fklnl"olt110:1 Will you use polymers,fiocculants,or other treatment chemicals at your construction site? ❑Yes m No If yes,will you use cationic treatment chemicals'at your construction site? [] Yes ❑ No If yes,have you been authorized to use cationic treatment chemicals by your applicable EPA Regional Office In advance of ❑Yes ❑ No filing your NOV? EPA Form 351 D-9 Stolus:Active Page:2 of 4 I t 3 If you have been authorized to use cationic treatment chemicals by your applicable EPA Regional Office,attach a copy of your authorization letter and include documentation of the appropriate controls and implementation procedures designed 10 ensure that your use of cationic treatment chemicals will not lead to a violation of water quality standards. Please Indicate the treatment chemicals that you will use: Note:You are Ineligible for coverage under this permit unless you notify your a pllcabie EPA Regional Office In advance and the EPA office authorizes coverage under this permit after you have Included appropriate controls and Implementation procedures designed to ensure that your use of cationic treatment chemicals will not lead to a violation of water quality standards. Y�l 8i �r1)liC;on Pras>rltton Pisn(Sw�P�)Infarfnattan .. .,. ,.,. .,. ... Has the SWPPP been prepared in advance of filing this NOI? Z Yes El No SWPPP Contact Information: First Name,Middle Initial,Last Name: Philip Christiansen Organization: Christiansen&Sergi,Inc Phone: 9783730310 Fax(Optional): E-mall- phis@csl-engr.com '�[Il��n�,��l�enad��eciss Prgfecilofl Using the Instructions In Appendix D of the CGP,under which criterion listed In Appendix D are you eligible for coverage under this permit(only check 1 box)? m A ❑ B ❑ G ❑ D ❑ E ❑ F Provide a brief summary of the basis for criterion selection listed In Appendix D(e.g.,communication with U.S.Fish and Wildlife Service or National Marine Fisheries Service,specific study):Habitat not In action area It you select criterion B,provide the Tracking Number from the other operator's notification of authorization under this permit: If you select criterion C,you must attach a copy of your site map(see Part 7.2.6 of the permit),and you must answer the following questions: i I What federally-listed species or federally-designated critical habitat are located In your"action area": J i What is the distance between your site and the listed species or critical habitat(miles): if you select criterion D,E,or F,attach copies of any letters or other communications between you and the U.S.Fish and Wildlife Service or National Marine Fisheries Service. 13� a®�t��l��"rASgl""Slst1R1'1 Is your pro)ectlslte located on a property of religious or cultural significance to an Indian tribe? ❑ Yes m No If yes,provide the name of the Indian tribe associated with the property: Are you Installing an stormwater controls as described in Appendix E that require subsurface earth disturbance?(Appendix E,Ste 1 Yes No Y g Y pP q { PP P ) If yes,have prior surveys or evaluations conducted on the site have already determined historic properties do not exist,or that prior Z Yes ❑ No disturbances have precluded the existence of historic properties?(Appendix E,Step 2) If no,have you determined that your installation of subsurface earth-disturbing stormwater controls will have no effect on ❑Yes ❑ No historic properties?(Appendix E,Step 3) If no,did the SHPO,THPO,or other tribal representative(whichever applles)respond to you within the 15 calendar days to Indicate whether the subsurface earth disturbances caused by the Installation of stormwater controls affect ❑ Yes ❑ No historic properties?(Appendix E,Step 4) If yes,describe the nature of their response: Written indication that adverse effects to historic properties from the Installation of stormwater controls can be mitigated by agreed upon actions. No agreement has been reached regarding measures to mitigate effects to historic properties from the Installation of stormwater controls. Other: F f � .., 4fil�iffsislklnnMEL EPA Form 3510-9 S1alus:Active Page:3 of 4 f i 7 I I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified ppersonnel properly gathered and evaluated the Information submitted.Based on my inquiry of the person or persons who manage the system,or those persons d4ractly responsible for gathering the Information,the Information submitted Is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false Information,including the possibility of fine and imprisonment for knowing violations, 1 First Name,Middle Initial,Last Name:Philip Christiansen Title:PE/president Signature: Date:Monday,October 5,2015 E-mail:phll@csi-engr.com i { i i EPA Form 3510-9 MOWS:Active Page:4 or 4 ti ,f. Enright, Jean To: Carol McGravey(chm@uf-law.com);Wolstromer, Bonnie Subject: FW; Wellington Woods Subdivision Please see Gene's response below. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978.688.9542 Email: ienright@townofnorthandove_r_.com Web: www,TownofNorthAndover.com From: Willis, Gene Sent: Tuesday, November 03, 2015 3:46 PM To: Enright, .lean Subject: RE: Wellington Woods Subdivision Looksgood Eugene P.Willis P.E. M,S. Division of Public Work Director of Engineering Town of North Andover 384 Osgood Street North Andover,MA 01845 Phone/cell 978.685.0950 x44021 Fax 978.688.9573 Email ewillis@townofnorthandover.com Web www.TownofNorthAndover.com 1 1 From: Enright, Jean Sent: Tuesday, November 03, 2015 12:34 PM To: Willis, Gene Cc: Brian Vaughan; Carol McGravey(chm@uf-law.com) Subject; FW: Wellington Woods Subdivision Gene, Will you please review the attached documents and advise. The Decision requires both Town Counsel and you to review. Thank you Sincerely, ,dean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978,688.9533 Fax 978.688,9542 Email ienright@townofnorthandover.com Web: www,TownofNorthAndover.com From: Brian Vaughan [mailto:BVaughanCa smolakyauahan,com] Sent: Tuesday, November 03, 2015 12:14 PM To: 'Carol McGravey'; Enright, Jean Subject: RE: Wellington Woods Subdivision Carol/Jean, l have incorporated into a new Article Ili the provisions requested by Carol. I've made a couple of other minor revisions which shouldn't be of concern. Is this now acceptable? 2 From: Carol McGravey [mailto:chm uf-law.com] Sent: Friday, October 30, 2015 8:17 AM To: Brian Vaughan; 'Enright, Jean' Subject: Re: Wellington Woods Subdivision Brian, Subject to review by Gene Willis, please revise the HOA documents to incorporate the language of Paragraphs 4-16 of the Declaration of Restrictive Covenant we just approved for The Glade subdivision. I am out of the office today, but if you have any questions, please send me an e-mail and I will get back to you, Thanks. Carol From: Brian Vaughan <BVaughan@smolakvaughan.com> Sent:Tuesday, October 27, 201.51.2:13 PM To: 'Enright,Jean'; Carol McGravey Subject: RE: Wellington Woods Subdivision Hi Jean, I spoke with John and my understanding was that the Town was accepting a Conservation Restriction over the Open Space but that the fee was being deeded to the HOA. have also attached drafts of the Easement to Town and draft of Pro Forma Deed. From: Enright, Jean [malito:JEnright(cbtownofnorthandover.com] Sent: Friday, October 23, 2015 8:06 AM To: Carol McGravey (chm@uf-law.com); Brian Vaughan Subject; FW: Wellington Woods Subdivision Hi Carol and Brian, Carol---I have attached the Definitive Subdivision Decision and the PRD Special Permit Decision for your review. Brian---Although I picked up this filing well into the discussions, my understanding was that the Open Space would be deeded to the The Town of North Andover (and a Conservation Restriction) like the abutting Open Space parcel for the Brookview Drive PRD. The Planning Board was Interested In trails being established at some point in the future, if feasible. John Smolak was at the hearing when this was discussed. Do you mind checking with him to see if this is his understanding as well? The HOA would still have to maintain the stormwater structures in the Open Space parcel. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978,689,9542 Email: lenri ht townofnorthandover.com Web: www,TownofNorthAndover.com 3 i From: Brian Vaughan [mailto:BVaughan(-Osmolakvaughan,com] Sent: Thursday, October 22, 2015 6:11 PM To: Enright, Jean; 'Carol McGravey' Subject: Wellington Woods Subdivision Hi Jean/Carol, Attached is a proposed draft of Homeowner Association Trust and Common Scheme Retsriction for the Wellington Woods subdivision for your review. By way of background to Carol this is one that was approved as a PRD subdivision and where the open space is being deeded to the Homeowner Association, and the open space will also be subject to a Conservation Restriction which I think John may have already been working on with you. Attached draft remains subject to client review. i Regards, Brian Brian G. Vaughan, Esq. Smolak &Vaughan LLP Tel: 978.327.5217 (Direct) Email: bvaughan c�smolakvaughan.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.cominorth andover www.facebook.com/northandoverma 4 9 Enright, Jean From: Carol McGravey <chm@uf-law.com> Sent: Thursday, November 05, 2015 321 PM To: Enright,Jean;Willis, Gene Cc: Brian Vaughan Subject: Re:Wellington Woods Subdivision Jean, This form of deed looks ok, unless Gene Willis has any comments. Sorry to make you resend it but I sprained my ankle and am working from home today and don't have my file and I couldn't locate it on my computer. Thanks. Carol I From: Enright,Jean<JEnright@townofnorthandover.com> Sent:Thursday, November 5, 2015 2:47 PM To:Carol McGravey;Willis, Gene Cc: Brian Vaughan Subject: RE: Wellington Woods Subdivision Yes, it was attached previously but here it is again. 1 Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978,688,9542 Email: ienrieht@townofnorthando_ver.com Web: www.TownofNorthAndover.com 1 r From:Carol McGravey [mailto:chm@uf-law.com] Sent: Thursday, November 05, 2015 2.46 PM To: Enright, Jean; Willis, Gene Cc: Brian Vaughan Subject; Re., Wellington Woods Subdivision Jean, The form of the Declaration of Restriction and the Easement are ok. Have you received a form of Deed? Thanks. Carol From: Enright,Jean<JEnright@townofnorthandover.com> Sent:Thursday, November 5, 2015 10:18 AM To:Carol McGravey; Willis, Gene Cc: Brian Vaughan Subject: RE: Wellington Woods Subdivision Carol, Gene Willis has confirmed approval of the documents for Wellington Woods. Are you ok with the final revisions Brian sent (11/3/15 12:14 pm email)? Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978.688,9542 Email: ienright@townofnorthandover.com Web: www.TownofNorthAndover.com From: Carol McGravey [mallto:chm@uf-law.com] Sent: Tuesday, November 03, 2015 12:42 PM To: Willis, Gene 2 Cc: Enright, Jean Subject: FW: Wellington Woods Subdivision Gene, Please review this amended Declaration for Wellington Woods. Thanks. Carol Carol kajjar McGravey Of counsel Urbells&Fleldsteel,LLP 155 Federal Street Boston,MA 02110 Phone:617-338-2200 Fax:617-338-0122 chm@uf-law.com ****CONFIDENTIALITY NOTICE**** This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Urbelis&Fieldsteel,LLP which Is"Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution and/or the taking of any action In reliance on the contents of this E-Mail Information is strictly prohibited and may result in legal action being Instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system Immediately. Thank you. From: Brian Vaughan [maiito:BVaughan@smolakvaughan.com] Sent: Tuesday, November 03, 201S 12:14 PM To: Carol McGravey; 'Enright, Jean' Subject., RE: Wellington Woods Subdivision Carol/Jean, I have incorporated into a new Article III the provisions requested by Carol. I've made a couple of other minor revisions which shouldn't be of concern. Is this now acceptable? From: Carol McGravey [malito:chm@uf-law.com] Sent: Friday, October 30, 2015 8:17 AM To; Brian Vaughan; 'Enright, Jean' Subject: Re: Wellington Woods Subdivision Brian, Subject to review by Gene Willis, please revise the HOA documents to incorporate the language of Paragraphs 4-16 of the Declaration of Restrictive Covenant we just approved for The Glade subdivision. I am out of the office today, but if you have any questions, please send me an e-mail and I will get back to you. Thanks. Carol From: Brian Vaughan<BVaughan@smolakvaughan,com> Sent:Tuesday, October 27, 2015 12:13 PM 3 To:'Enright,Jean'; Carol McGravey Subject: RE:Wellington Woods Subdivision Hi Jean, I spoke with John and my understanding was that the Town was accepting a Conservation Restriction over the Open Space but that the fee was being deeded to the HOA. I have also attached drafts of the Easement to Town and draft of Pro Forma Deed. From: Enright, Jean [mailto:JEnright@townofnorthandover.com] Sent: Friday, October 23, 2015 8:06 AM To: Carol McGravey{chm(cbuf-law.eom); Brian Vaughan Subject: FW: Wellington Woods Subdivision Hi Carol and Brian, Carol---I have attached the Definitive Subdivision Decision and the PRD Special Permit Decision for your review. Brian---Although I picked up this filing well into the discussions, my understanding was that the Open Space would be deeded to the The Town of North Andover(and a Conservation Restriction) like the abutting Open Space parcel for the Brookview Drive PRD. The Planning Board was interested in trails being established at some point in the future, if feasible. John Smolak was at the hearing when this was discussed. Do you mind checking with him to see if this is his understanding as well? The HOA would still have to maintain the stormwater structures in the Open Space parcel. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978.688.9542 Email: ienriehtetownofnorthandover,com Web: www.TownofNorthAndoyer.com From: Brian Vaughan [mailto:BVaughan@smolakvaunhan.com] Sent: Thursday, October 22, 2015 6:1.1 PM To: Enright, dean; 'Carol McGravey' Subject: Wellington Woods Subdivision Hi Jean/Carol, 4 1 Attached is a proposed draft of Homeowner Association Trust and Common Scheme Retsriction for the Wellington Woods subdivision for your review. By way of background to Carol this is one that was approved as a PRD subdivision and where the open space is being deeded to the Homeowner Association, and the open space will also be subject to a Conservation Restriction which I think John may have already been working on with you. Attached draft remains subject to client review. Regards, Brian Brian G. Vaughan, Es . g q Smolak & Vaughan LL.P Tel: 978.327.5217 (Direct) Email: bvaughan@smolakvaughan.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north_andover www.facebook.com/northandoverma All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north_andover www,facebook.com/northandoverma All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north_andover www.facebook.com/northandoverma s s Enright, Jean From., Carol McGravey <chm@uf-law,com> Sent: Thursday, November 05, 2015 2:46 PM To: Enright,Jean;Willis, Gene Cc: Brian Vaughan Subject: Re:Wellington Woods Subdivision Jean, The form of the Declaration of Restriction and the Easement are ok. Have you received a form of Deed? Thanks. Carol From: Enright,Jean <JEnright@townofnorthandover.com> Sent:Thursday, November 5, 2015 1.0:1.8 AM To: Carol McGravey; Willis, Gene Cc: Brian Vaughan Subject: RE: Wellington Woods Subdivision Carol, Gene Willis has confirmed approval of the documents for Wellington Woods. Are you ok with the final revisions Brian sent(11/3/1512:14 pm email)? Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9533 Fax 978,688.9542 Email: 'enright@townofnorthandover.com Web: www.TownofNorthAndover.com From: Carol McGravey [mailto:chm@uf-law,com] Sent: Tuesday, November 03, 2015 12:42 PM To., Willis, Gene Cc: Enright,Jean Subject: FW: Wellington Woods Subdivision Gene, Please review this amended Declaration for Wellington Woods. Thanks. Carol Carol Najjar McGravey Of Counsel Urbelis&Fietdsteel,L.LP I 155 Federal Street Boston,MA 02110 Phone:617-338-2200 Fax:617-338-0122 cltm@Uf-law.com ""CONFIDENTIALITY**CONFIDENTIALITY NOTICE**** This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Urbelis&Fieldsteel,LLP which is"Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution and/or the taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you. From: Brian Vaughan [mailto:BVaughan@smo€akvaughan,com] Sent: Tuesday, November 03 2015 12:14 PM To: Carol McGravey; 'Enright,JJean' Subject: RE: Wellington Woods Subdivision Carol/Jean, I have incorporated into a new Article Ill the provisions requested by Carol. I've made a couple Of other minor revisions which shouldn't be of concerti. Is this now acceptable? From: Carol McGravey [mallto:chm@uf-law.com] Sent: Friday, October 30, 2015 8:17 AM To: Brian Vaughan, `Enright, Jean' Subject: Re: Wellington Woods Subdivision Brian, Subject to review by Gene Willis, please revise the HOA documents to incorporate the language of Paragraphs 4-16 of the Declaration of Restrictive Covenant we just approved for The Glade subdivision, I am out of the office today, but if you have any questions,please send me an e-mail and 1 will get back to you. Thanks. Carol 2 Ftorn: Brian Vaughan <BVaughan@smolakvaughan.com> Sent:Tuesday, October 27, 2015 12:13 PM To: 'Enright,Jean'; Carol McGravey Subject: RE:Wellington Woods Subdivision Hi Jean, 1 spoke with John and my understanding was that the Town was accepting a Conservation Restriction over the Open Space but that the fee was being deeded to the HOA. . I have also attached drafts of the Easement to Town and draft of Pro Forma Deed. From: Enright, Jean [mailto:JEnri ht0townofnorthandoyer.com] Sent: Friday, October 23, 2015 8:06 AM To: Carol McGravey (ehm@uf-law.corn Brian Vaughan Subject: FW: Wellington Woods Subdivision Hi Carol and Brian, Carol---I have attached the Definitive Subdivision Decision and the PRD Special Permit Decision for your review. Brian---Although I picked up this filing well into the discussions, my understanding was that the Open Space would be deeded to the The Town of North Andover(and a Conservation Restriction) like the abutting Open Space parcel for the Brookview Drive PRD. The Planning Board was interested in trails being established at some point in the future, if feasible. John Smolak was at the hearing when this was discussed. Do you mind checking with him to see if this is his understanding as well? The HOA would still have to maintain the stormwater structures in the Open Space parcel. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover, 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978,688,9533 Fax 978.688.9542 Email: ienright@townofnorthandover.com Web: www.TownofNorthAndover.com F-1 From: Brian Vaughan [mailto:BVauahan(a)smolakvaughan.com] Sent: Thursday, October 22, 2015 6,11 PM To: Enright, Jean; 'Carol McGravey' Subject: Wellington Woods Subdivision 3 Hi Jean/Carol, Attached is a proposed draft of Homeowner Association Trust and Common Scheme Ressriction for the Wellington Woods subdivision for your review. By way of background to Carol this is one that was approved as a PRD subdivision and where the open space is being deeded to the Homeowner Association, and the open space will also be subject to a Conservation Restriction which I think John may have already been working on with you. Attached draft remains subject to client review. Regards, Brian Brian G. Vaughan, Esq. Smolak &Vaughan LLP Tel: 978.327.5217 (Direct) Email: bvaughanCcr�.smolakvaughan.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www,townofnorthandover.com i Social Networks twitter.com/north_andover www.facebook.com/northandoverrna All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com 1 Social Networks twittencom/north andover www.facebook.com/northandoverma 4 i CNR►ST►aNSEN & SERG! f INC PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 tel:976-373.0310 www,csl-engr.com fax 978-372-3960 CS1 Wellington Woods Project inspection update June 6, 2016 Christiansen& Sergi Inc has been retained by Messina Development to provide construction services for the Wellington Woods project including • the construction of Wellington Way, 0 sedimentation and erosion control installation and monitoring, meeting NHESP requirements, i septic system design, • staking limits of clearing '... • staking roadway line and grade • staking out drainage line and grade • staking out houses • staking out septic systems providing roadway as-built plans • providing foundation location plans • providing septic system as-built plans. • advising on construction techniques • advising on constriction materials Representatives from Christiansen& Sergi have been on site during each phase of the work. Our survey crews have staked out control for every phase of the work from establishing the location of the erosion control and turtle barrier to roadway centerline to house and septic location. Mr. Philip Christiansen P.E. has inspected each phase of construction including the installation of the erosion control, tree clearing, initial site grading,waterline installation, construction of the drainage system piping, catch basins and manholes, construction of the detention/infiltration ponds, construction of drainage swales,placement of roadway gravel and roadway paving. Throughout the construction project Mr. Christiansen has been in constant communication with Robert Messina of Messina Construction and David Maynard of Maynard Construction, the contractor for the work. This constant communication has kept the project running smoothly and assures that the work so far completed conforms to the approved plans. I The construction schedule for the project has been as follows Starting Description Completion Date Date 10/27/15 Pre-construction meeting 10/21/15 Erosion Control installation and inspection 10/21/15 i i I 11/09/15 Cut and clear trees and remove stumps 11/16/15 11/16/15 Stripping roadway and pond areas 12/18/15 Sub-grading roadway Loaming, seeding and site stabilization ongoing 12/18/15 Start pond constriction and drain system 12/24/15 12/28/15 Start water system 01/15/16 01/15/16 Complete drain system with laterals 02/18/16 02/18/16 Install electric and gas crossings 02/24/16 03/11/16 Prep roadway for gravel courses 03/24/16 03/22/16 Install gravel courses 03/25/16 03/25/16 Find grade for paving 04/02/16 04/02/16 Install binder coarse pavement 04/02/16 04/04/16 Install electric 04/15/16 Site Photos; a 'III d I� I 1p �Il it l I�I h d F it Erasion Control Photo#1 `/• k1 f" t q rF 911b ^5 s 1 + 'n k � l 1 ll i f Roadway Re$n Roadway grading � Roadway Gravel Esery| Swale Cnsrtumon WesterlySwaleconslruct,on4-7 . WaterLine—large stones removed i n j 1 k I n. �S Water Valves in Street i i Hydrant br F P^ Electrical Box Photo#1 ,T ^g i Electrical Box Photo#2 F �,a r Electrical Box Photo#3 Lot I House Foundation r. etention Infiltration Pond Photo I 3 Y' 4 P Y 1 {^ a U $ , x` € i; ��'., •�� , r 5 .�� 2 P s�..�',-,; .ram.� :'�- • • • • • • El" Lic YF� W E 1 gyp. inA 2 # f r 1 y?fyY'75�IAr.yf oWWl .� [ q ix��1 �?F�� ✓ t 4 � 1 1 a t, ac �� ply r � rf iz a � ( ✓t �Yr } s t SMA 5 v- VAN., RR , 1 TJ f 3� • \, i i c TOWN OIL NOWrH ANDOVER DIVISION OF PUBLIC WOM 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU, P.E. DIRECTOR TYniolliy J Willett 7'elephorie (978) 685-09.50 Operations Meniager ,, Fax (M) 688-937 June 6,2016 Ms.Jean.Enright Community Development 1600 Osgood Street North Andover, MA 01845 RE: Subdivision Bond— 'Wellington Woods Dear Ms. Enright: The Division of Public Vi&ks has reviewed the above subdivision and recommends a bond be established in the amount of`$65?700 to complete remaining.work, Very truly yours, Timothy J. zillett Operations Manager TOWN OF NORTH ANDOVER,:DMSION OF PUBLIC WORKS SUBDIVISION BOND WELLINGTON WAY ITEM UNIT PRICE :QUAW. TOTAL RELEASE RELEASE RELEASE RELEASE BALANCE 602046 CLEARING&GRUBBING- L.F. COMPLETE S $ - ROADWAY EXCAVATION 10. . COMPLETE ROCK EXCAVATION C Y COMPLETE ATERMAIN F C.LZI COMPLY 12'-CLDI COMPLETE iz, ay. COMPLETE r G.V_ 'COMPLETE 1T x IV TA.&G. COMPLETE COMPLETE HYDRANTS COMPLETE SERVICES COMPLETE TESTING COMPLETE MAlN7ENANCE $- 4.000.00 1 4,000:00 STORM DRAINS 12"HOPE MANHOLES, COMPLM E CATCH BASINS. COMPLETE CLEAN C.S.'s EA $ 100.00 6 $ 600.:00 $ 600.00 MAINTENANCF_ L.S.. 1 $ 4,000.00 $ 4,000.00: HEADWALL COMPLETE GRAVEL COMPLETE PAVEMENT BINDER. COMPLE 11: TOPPING S.Y. $ 10,00 2400 $ -24,000.00 $ 24,000,00 BOUNDS EA.- 3 400-001 16 S 6;400.00-, S 6,400.00 TOTAL.PAGE 1 i -S 39,000.00 S - S - $ - $ - S 39;000.00, TOWN OF NORTH AN]LDOVER,DIVISION OF PUBLIC WORKS SUBDIVISION BOND: WELLINGTON.WAi'' mm UNIT PR M QUANT, TOTAL RELEASE RELEASE RELEASE RELEASE. BALANCE 6MI2016 ITEM UNIT PRICE QUANT. TOTAL RELEASE RELEASE RELEASE RELEASE BALANCE 4125=16 STREETTREES Eft. $ 400.00 24 S 9;600.00 $ .9,600.00 CURB GRANITE L.F $ 30.00 70:S 2.100.00 S 2,100.00 GRADE,LOAM&SEED S.Y. S 6.00 250 S 2,000.00 5 2,000.00 DETENTION AREA -COMPLETE EROSION CONTROL :COMPL,E7E STREETS SIGNS F.A. COMPLETE 1 S - S CONVEYANCE PROCEDURE L.S. S U00.00 1 .S 3,000.00 S 3,000.00 FINAL AS-BUILT DRAWING LS. $ 10,000.00- 1 -S I0.000',00 $ 10,000.00 MISCELLANEOUS TOTALPAGE2 5 :26,700.00 5 - $ - $ - $ - S 26,700,00 PAGE 1 $ 39,000.00 $ - S - S - -$ I 5 39,000:00` PAGE 2 j,$ 26,790.00 $ - Is - is is - S 26,700.00 GRAND TOTAU S .65.700.00 S. - $ - 5 - S - S 65,700.00: PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 te1;978-373-0310 www.csf-engr.com fax 976-372-3060 November 3, 2016 North Andover Planning Board Town of North Andover Planning Department 1600 Osgood Street North Andover, MA 01845 Re; #38 Wellington Way Lot 1 Dear Planning Board members: In accordance with the Conditions of the Definitive Subdivision Plan Approval issued by the Planning Board, I hereby certify that the building and site layout on Lot 1 substantially comply with the plans approved by the Planning Board. Very truly yours, Christiansen &Sergi, Inc. Philip G. Christiansen C.C. R.Messina 4/14/2017 Fwd:FW;North Andover CR#29-bwolstromer@northandoverma.gov-Town of North Andover Mail Mail More I Regards, COMPOSE; Suzanne P. Egan Irtbox(9) Town Counsel Town of North Andover Starred 120 Main Street Sent Mail North Andover, MA 01845 Phone: 978 794-1709 ©rafts (55) segan aanodhandoven-na•gov ----Forwarded message ---------- Categories From: Stephanie Kiefer <SKieferrr.smolakvaughan.com> lnbax Date: Wed, Apr 12, 2017 at 5:44 PM Subject: FW: North Andover CR#29 To: Suzanne Egan <segan6i�northandoverma.gov> Cc: John Smolak<JSmolakQsmglakyauQh,an.com> More labels Suzanne, Attached please find Martha Reichert's comment on the draft CR for Wellington' minor and we can accept them largely in full. In my attached updated draft("CR address her comment on public access to have it mesh with the public access as restriction already on record. For your convenience, I attach both Martha's redli comments and including a line on public access. I also attach Sketch B,which I b previously, If you are able to expedite your review it would be greatly appreciated. The draf and if its possible to turnaround our response(with the Town review of the samt be able to get the state blessing and thereafter present it to the Commission, Please don't hesitate to contact me with any questions. Best, Stephanie j Cfnnhnnio A Viofanr Pen Mips:/lmail.goagle.com/mall/0a/u/01#inbox/15b6c985d48dn7io 111 i i f f E i Grantor: Messina Development Company,Irte. Grantee: Town of North Andover Address: 624 Boxford St.,North Andover,MA Title Reference: Essex(North)Registry of Deeds Book 1.4447, Page 94 CONSERVATION RESTRICTION TO TOWN OF NORTH ANDOVER The undersigned, MESSINA DEVELOPMENT COMPANY, INC., of 227 Washington Street, Groveland, Essex County, Massachusetts,being the sole owner, for it successors and assigns (hereinafter"Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby grants, with QUITCLAIM > COVENANTS, to the TOWN OF NORTH ANDOVER, acting by and through its 0 CONSERVATION COMMISSION, a municipality organized under the laws of the Q Commonwealth Massachusetts with its usual place of business at 120 Main Street, North Andover, Massachusetts 01845, pursuant to the authority set forth in M.G.L. c.40, §8C, z and its permitted successors and assigns (hereinafter, "Grantee"), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land ("Property") located in oNorth Andover, Essex County, Massachusetts containing approximately 11.8 acres of a 0 17.98 acre parcel of land and shown as Open Space Parcel A ("Parcel A") and Open m Space Parcel B ("Parcel B") on the plan of land titled "Definitive P.R,D. Subdivision N Plan of`Wellington Woods in No.Andover,MA,"prepared by Christiansen & Sergi,Inc. co dated June 23, 2015, at Sheet 2 of 15 and Sheet 3 of 15 and recorded at the Essex South North District Registry of Deeds as Plan Number 17354 (collectively, the "Premises"), < and more particularly described in Exhibit A and shown in the sketch plan in Exhibit B, which exhibits are attached hereto and incorporated herein. L PURPOSES: (00103597;v2) This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purposes of this Conservation Restriction are to assure that the Premises will be maintained in perpetuity for conservation purposes,predominantly in a natural, scenic and undeveloped condition and to prevent any use of the Premises that will materially impair or interfere with the conservation and preservation values ("conservation values"). This Conservation Restriction is required by and in accordance with a "Notice of Decision: Special Permit- Planned Residential Development, Wellington Woods" issued by the North Andover Planning Board to Grantor, dated September 1, 2015, and recorded at the Essex (North) Registry of Deeds, Book 14410, Page 106; a "Notice of Decision: Definitive Subdivision Plan," issued by the Andover Planning Board, dated September 1, 2015 and recorded at the Essex (North) Registry of Deeds, Boole 14410, Page 98 and the written determination of the Division of Fisheries and Wildlife (NHESP Tracking Number 14-33638, dated November 5, 2015 and recorded at the Essex North Registry of Deeds, Book 14438, Page 116. The granting and acceptance of this Conservation Restriction is in accordance with Article 4 on Town Meeting vote on May 10,2016. The conservation values include the following: A. Preservation of Natural Habitat and Open Space. The Premises provides significant natural value in its present state as natural habitat and open space which has not been subjected to development incompatible with said uses. The Premises provide significant ecological habitat, outdoor recreation and recreational values in its undeveloped state as a natural area that has not been subjected to development. This Conservation Restriction protects the undeveloped nature of the Premises preserving those benefits in perpetuity; and B, Preservation of Rural Landscape. The Grantor and the Grantee recognize the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the special rural and pastoral character of the region in which the Premises is located and have the common purpose of conserving the natural and rural character around Boxford Street for this generation and future generations; and C. Protection of Wildlife Habitat. Portions of the Premises contain valuable wildlife habitat, breeding sites and migration routes for wildlife, including the Blanding's Turtle (Emydoidea blandingii), which at the time of this recording is listed as a "threatened" species pursuant to the Massachusetts Endangered Species Act ("MESA"), M.G.L. c.131A, §3 and its regulations at 321 CMR 10.23. {OW 03597;v2} I D. Furtherance of Governmental Policy. Protection of the Premises furthers the Town of North Andover's 2016 Open Space and Recreation Plan, including fulfilling Recommendations E-4, H-1 and R-1 to: expand existing conservation efforts; to protect and preserve scenic hilltops, landscapes and farmlands; and to protect habitat diversity. 11. PROHIBITED ACTS AND USES,EXCEPTIIONS THERETO,AND PERMITTED USES Subject to the exceptions set forth herein, the Grantor shall neither perform nor permit others to perform any of the following acts or uses which are prohibited, on, above, and below the Premises A. Prohibited Acts and Uses 1. Constructing,placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent structure or facility in, on, above or under the Premises. 2. Mining, excavating, dredging or removing from the Premises of soil, loam,peat, gravel, sand,rock or other mineral resource or natural deposit or other wise make topographical changes to the area, except those activities within the defined "Drainage Easement Areas" as defined within and consistent with a recorded Drainage Easement given by Grantor to the Town of North Andover, as recorded at the Essex(North)Registry of Deeds at Book 14447, Page ISO 3. Placing, filling, storing or dumping soil,refuse,trash,vehicle bodies or parts, rubbish, debris,junk,waste or other substance or material whatsoever, or the installation of underground storage tanks; 4. Cutting,removing, or otherwise destroying trees, grasses, shrubs or other vegetation; S. Activities detrimental to drainage, flood control,water conservation,water quality, erosion control, soil conservation, or archaeological conservation; 6. Use,parking, landing or storage of motorized vehicles, including motorcycles mopeds, all-terrain vehicles,trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety(i.e.,. fire,police, ambulance, other governmental officials) in carrying out their official duties; {00103597;v2l 7. ,Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted); S. Use of the Premises for more than de fninirnis commercial recreation, business, .residential or industrial use; 9. Use of the Premises for (a) transferring development rights to this or any other property, whether or not the receiving land is adjacent to the Premises; or (b) calculating permissible lot yield of this or any other property, except as may be specifically permitted by the issued Special Permit — Planned Residential Development as referenced above. 10. Any other use of the Premises or activity which is inconsistent with the purpose of this Conservation Restriction or which would materially impair its conservation values. unless such use or activity is necessary in an emergency in the opinion of the Grantee and at the Grantee's sole discretion for the protection of the conservation interests that are the subject of this Conservation Restriction. I L Hunting or trapping, except with the prior written consent of Grantee, such consent to be given only to the extent necessary to control non-native species or disease, to maintain the ecological balance of native wildlife, or for ecological research. All other use of guns and any other weapons, target shooting with guns or any other weapons,use of explosives and fireworks are prohibited. B. Reserved Rights and Exceptions The provisions of Paragraph A notwithstanding, the Grantor reserves to itself and its successors and assigns the right to conduct or permit the following activities on the Premises provided that such uses and activities do not materially impair the purposes or conservation values of this Conservation Restriction: 1. Permits. The exercise of any rights reserved by Grantor under this Paragraph B shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state or local laws, rules, regulations and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantor or the Commonwealth takes any position whether such permit should be issued. 2. Vegetation Management: In accordance with generally accepted forest management practices, selective minimal removal of brush,pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas, wood roads, fence lines {00103597;v2l and trails and meadows. To the extent such activity occurs within Open Space Parcel B portion of the Premises, with the prior written permission of Grantee and/or the Division. 3. Non-native or nuisance species. The removal of non-native or invasive species, the inter planting of nativespecies, and the control of species in a manner that minimizes damage to surrounding, non-target. species and preserves water quality; 4. Wildlife Habitat Improvement. With the prior written permission of Grantee and, as applicable, the Massachusetts Division of Wildlife and Fisheries, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat:or rare or endangered species including selective planting of native trees, shrubs and plant species. 5. Trails. The marking, clearing and maintenance of existing footpaths, however the marking and clearing of any new trails shall require the written_permission_of the Grantee and/or the Division:- 6. Signs,s. The erection, maintenance and replacement of signs with respect to trespass, trail access, identity and address of occupants, sale of the Premises, the Grantee's interest in the Premises and the protected conservation values or other reserved rights. 7. Reserved Easement Rights: The Premises, or portions thereof, are subject to certain easements granting rights to third parties and reserving such rights as contained therein are specifically approved within the easement areas as designated in the following; a) Grant of Easement; from Messina Development Company, Inc. to Massachusetts Electric Company granting the perpetual right and easement to pass and repass within the Electric Distribution Construction Easement area (a portion of which is located within Open Space Parcel A), to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of high and low voltage electric current and for the transmission of intelligence an Underground Distribution System, as such Grant of Easement is described and recorded at the Essex(North) Registry of Deeds, at Boob 14499,Page 260. b)Drainage Easement: from.Messina Development Company, Inc, to the Town of North Andover, acting by and through its Board of Selectmen, granting the right and easement to construct, repair, inspect, remove, replace, operate and forever maintain within the Drainage Easement Areas, a portion of which are within Open Space Parcel B of the Premises and as shown on the Subdivision Plans recorded (00103597;v2) as Plan 17354 at the Essex (North) Registry of Deeds, underground sewers, manholes, pipes, conduits, covered surfaces, ground water drains, underground drainage detention systems, infiltration basins, grassed swales, drainage channels and stormwater management basins (ponds) and all other drainage facilities and appurtenances for storage, removal, conveyance and discharge of water, including stormwater or groundwater and including water from underground detention systems all as constructed and to do all acts incidental to the foregoing to maintain the drainage facilities in good operating order and conditions; as such Drainage Easement is described and recorded at the Essex (North) Registry of Deeds, at Book 14447,Page 161. c) Reserved Rights as Set forth in a Declaration of Restriction; Consistent with a Declaration of Restrictions entered into by Grantor and another', as recorded at the Essex(North)Registry of Deeds,Book 14502,Page 82, through which certain activities are restricted within that portion of the Premises identified as Open Space B, Grantor reserves the following rights for itself, its successors and assigns at the Premises: (i) The right to establish, enforce, waive, alter and amend such additional rules, regulations, covenants, conditions and restrictions governing use of the Premises as allowed by applicable federal, state or local law or regulation. Further, to the extent such additional rules, regulations, covenants, conditions and restrictions governing use of the Premises pertain to that portion of the Premises identified as Open Space Parcel B, any such establishing, enforcing, waiving, altering or amending must be agreed in writing by the Massachusetts Division of Fisheries and Wildlife ("Division"); (ii) The right to conduct or permit selective cutting or pruning of trees and vegetation to maintain access to and over existing footpaths located within the Premises, not otherwise inconsistent with the Drainage Easement, and for protection of persons and property from imminent risks of harm or damage to persons or structures. (iii) The right to construct fences as necessary or boundary makers and to the extent such fences or boundary markers are within that portion of the Premises referenced as Open Space B,written consent of the Division must be obtain. (iv) The right to conduct or permit habitat management activities, ineltiding for such activities within Open Space Parcel B, upon the prior written approval from the Division, its successors or assigns. ' S&L Homes,LLC,as the record owner of lands adjacent to the Premises,shown as Lot I Reference flan No.2 and Lot 2 Reference Plan No.2 on a Plan recorded at the Essex(North)Registry of Deeds as PIan No. 17389,which lands are also subject to the Declaration of Restriction,as recorded in Book 14502,Page 92,but not subject to this Conservation Restriction. {00103597;v2) I (v) The right to enter upon the Premises and to locate, construct, maintain, and use any and all underground and above ground fixtures, facilities and customary structures appurtenant thereto (referred to as the "facilities") for the establishinent, use, repair, replacement and maintenance of stormwater management facilities and related appurtenances, along with associated erosion control and grading for such facilities, and for purposes of maintaining the Premises, all as authorized pursuant to both a "Notice of Decision — Special Permit — Planned Residential Development, Wellington Woods," dated September 1, 2015, as amended, and "Notice of Decision Definitive Subdivision Plan," dated September 1, 2015, as amended (collectively, the Planning Board Decisions") , a Wetlands Order of Conditions (DEP File. 242- 1655) issued by the North Andover Conservation Commission on September 10,2015, as amended, approving the work on the proposed roadway, as well as wetlands orders of conditions for each lot as may be necessary for work proposed on each lot, or other applicable approval (if any) issued by any applicable governmental authority based upon the plans and other supporting materials described in the Planning Board Decisions (collectively, "Governmental Approvals") and to do all other acts incidental to any of the foregoing subject to the terms as contained in the Declaration of Restrictions. (vi) The right to enable the Town of North Andover to have the right, but not the obligation, to access and maintain Open Space Parcel B in accordance with an access and maintenance easement providing the Town of North Andover with the right to maintain said open Space Parcel B as well as the rights to maintain the stormwater treatment areas located within Open Space Parcel B; (vii) The right to enable the Town of North Andover to have the right, but not the obligation, to plan, construct, maintain and monitor trails or paths within Open Space Parcel B along with signage covering the same and to allow public access through such open space, but subject to approval by the Division. S, Markers. The right to maintain in good condition any bounds, metes, markers and signs demarcating the boundaries of the Premises. 9. Forestty, In accordance with generally accepted best forestry management practices, as t e e pi;aetiees reiny l+-ef4ae by i__a"Fepr-i.atQ_ge eirmmea_falor eduea4t&nal f pfevent, eentval or remove hazards, 3 Premises,A—presei4 eandition of the f to , duet, .•to permit othevs to ndeet uses of the- o!l b Professional fares"in massaellusetts- r� 6-1k -�T� e, 132, `ee ieas 47 49,which plan shall be nv.v.,•r.n:.acLi-"-- {00103597;v2l shall provide for the m ,.t of the D,.n.qises . ♦ an„er- n merit with generally aeeepted"Best Managemefit } as these pf&ek-e-, xtn� I-.o iA—t �;e.r I,<..n rote n et .. e.l„nnti..nnl inntit„+:...-.n rricY` v , n.r outtinn to„ nt nro a I,.,.,.,,.I� sn t l ! #r7 e�et duffla a of f4r•e r.,•to „ e the p eser.t n n itinn of the re ' th_e__right to conduct, or to permit others to conduct sound silvicultural uses of the Premises in accordance with a forest management plan to be prepared by a professional forester licensed to practice forestLy in Massachusetts pursuant to M.G.L. c. 132 sections 47-49Lwhich plan shall be approved in advance of any timber harvest by Grantee. All forest management plans shall provide for the management of the Premises in a manner consistent with merally acce ted "Best Management Practices", as those practices Wray be identified by appropriate governmental or educational institutions, and in a manner not wasteful of soil _resources or detrimental to water quality or other conservation values of this Conservation Restriction. 10, Archaeological Investigations. The conduct of archaeological activities, including without limitation survey, excavation and artifact retrieval, following submission of an archaeological field investigation plan and its approval in writing by Grantee and the State Archaeologist of the Massachusetts Historical Corntnission (or appropriate successor official). 11. Such other non-prohibited activities re guested by the Grantor and expressly approved in writing by the Grantee, in its sole and exclusive discretion which approval Grantee shall grant only if it expressly finds that the_activity is consistent with and does not materially impair the purpose of and the conservation values protected by this Conservation Restriction. e.n,or l<, ., OV ed by Ofafftee, W ;cl} �a1 A. l ram^-mot @I 58r Wi�IIz014, n�_�s�_n�nair.tent_y ithffl,.-1_tl.nt tdo not materially impair the n 6 � this C nno,•.,ntio pestt4etie and and is otherwise a-re--not inconsistent with the Declaration of Restriction as it relates to activities within Open Space Parcel B. C. Notice and Approval. Whenever notice to or approval by Grantee is required,- Grantor shall notify Grantee in writing not less than 60 days prior to the date Grantor intends to undertake the activity in {00103597;v2) i question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within 60 days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not materially impair the purposes and conservation values of this Conservation Restriction, Failure of Grantee to respond in writing within 60 days shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 days in the notice, the requested activity is not prohibited herein and the activity will not materially impair the conservation values or purposes of this Conservation Restriction, 111. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall 'include the right to enforce this Conservation Restriction i by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Grantor covenants and agrees to reimburse Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof,provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked, if necessary. B. Non-Waiver (00103597;v2) Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this conservation restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting fiom causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting fiom such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible, IV. ACCESS The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of 'inspecting the Premises to determine compliance with or to enforce this Conservation Restriction, The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. Na right ..f a .+ by the gener-al ..1,1:.. to any portion of the P..o.,,:nan :n n—Oxe ed by T— V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts ,Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the CR under applicable law,then Grantees, on (00103597;v2) a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantees shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a i fair market value that is at least equal to the proportionate value that this Conservation Restriction determined at the time of the gift bears to the value of the unrestricted property. Such proportionate value of the Grantee's property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements. C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with paragraph V. B--above, after complying with the terms of any law, gift, grant, or funding requirements. 4f a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. VI. ASSIGNABILITY A. Runnin of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Prerr�scs. B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of herself and her successors and assigns, appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on her behalf. Without limiting the foregoing, the Grantor and her successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: (00103597;v2) As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out, that the Assignee is not an owner of the fee in the Property, and the Assignee, at the tune of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee within 20 days of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction, IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. (00103597;v2) X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Art, 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Essex (North)Registry of Deeds. XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative Approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Essex (North) County Registry of Deeds.. XII. NOTICES Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail,postage prepaid, addressed as follows: If to Grantor: Messina Development Company,Inc. 277 Washington Street Groveland,MA 01834 With a copy to: John T. Smolak,Esq. Smolak&Vaughan LLP 21 High Street, Suite 301 North Andover,MA 01845 (00103597;v2) If to Grantee. Town of No. Andover Conservation Commission 120 Main Street North Andover, MA 01845 Or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonable ascertainable by the parties. XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections 31733. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability, If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Cons crvation Restriction shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOUS A. Pre-existing Public Rights. Approval of this Conservation Restriction pursuant to M.G.L. Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any preexisting rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Homestead. The Grantor attests that there is no residence on or abutting the Premises (including exclusions) that is occupied or intended to be occupied as a principal {00903597;v2l residence by a spouse, former spouse, or children of the grantor, or a spouse, former spouse, or children of a beneficiary of the trust, if Premises is owned by a trust. C. The Grantor agrees to subordinate all liens, mortgages, construction loans and home equity lines of credit to this Conservation Restriction, D. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantor Grantee Acceptance Approval by Select Board Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A: Legal description Exhibit B: Sketch plan Exhibit C—Certificate of Authority IN WITNESS WHEREOF, the said MESSINA DEVELOPMENT COMPANY, INC. grants this Conservation Restriction and agrees to be bound by its terms, have hereunto set his hands and seals this day of ,2016. GRANTOR, MESSINA DEVELOPMENT COMPANY,INC. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. {Oo 1 os5s7;v2) Notary Public My Conunission Expires: {00103597;v2) ACCEPTANCE OF GRANT BY TOWN OF NORTH ANDOVER CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of North Andover,Massachusetts,hereby certify that at a public meeting duly held on 2016, the Conservation Commission voted to and accept the foregoing Conservation Restriction from Messina Development Company, Inc.,pursuant to M.G.L. c.184, Sections 31-33 and Chapter 40, ,Section S(C). TOWN OF NORTH A.NDOVER CONSERVATION COMMISSION By: By: By: By: By: By: By: {00103597;v2} By: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity o a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Conservation Commission. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity d a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Conservation Commission. Notary Public My Commission Expires: (00103597;v2) I I COMMONWEALTI-I OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the-undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as j voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Conservation Commission. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Conservation Conuuission. Notary Public My Commission Expires: {00103597;v2} COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ri my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Consci nation Commission. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of ,2016,before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of North Andover, acting by and through its Conservation Commission. Notary Public My Commission Expires: (00103597;v2) 1 I I I COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as voluntarily for its stated purpose and as the free act and deed of Town of Noith Andover, acting by and through its Conservation Commnission, Notary Public My Commission Expires: {00103597;v2) APPROVAL OF SELECTMEN We, the undersigned, being a majority of the Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a public meeting duly held on _ 2016, the Selectmen voted to approve the foregoing Conservation Restriction from Messina Development Company, Inc. to the Town of North Andover, acting by and through its Conservation Commission pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ my personal knowledge of the principal's identity ❑ a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voll-antarity for its stated purpose. Notary Public My Commission Expires: {00103597,v2) APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth, of Massachusetts, hereby certifies that the foregoing Conservation Restriction in the Town of North Andover from the Messina Development Company, Inc. to the Town of North Andover, acting by and through. its Conservation Corxarnission has been approved in the public interest,pursuant to Massachusetts General Laws Chapter 184, Section 32. Date: MATTHEW A. BEATON Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this day of , 2016, before me, the undersigned notary public, personally appeared MATTHEW A. BEATON, proved to me through satisfactory evidence of identification, which was o my personal knowledge of the principal's identity © a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: {00 9 0359'7;v2} Exhibit A Legal Description of Premises Open Space A A certain parcel of land with the buildings thereon located on the northerly side of Boxford Street,North Andover, Essex County,Massachusetts being Open Space A on a plan entitled "Definitive P.R.D. Subdivision Plan of Wellington.Woods in North Andover,Ma.by Christiansen & Sergi Inc. record owners Gorton Family Trust and applicant Messina Development Co, Inc. dated 8/10/15 recorded with the Essex North Registry of Deeds as Plan No.17354. More particularly bounded and described as follows: Beginning at the southeast corner at land now or formerly of Bryan&Kerty Hanssen which is a distance of 274.97 feet from an Essex County granite bound. Thence S 85°07'02" W a distance of 29.73'to the easterly sideline of Wellington Way to a stone bound to be set; Thence by said Wellington Way with a curve turning to the right with an are length of 44.251, with a radius of 30.00',with a delta angle of 84030'22",to a stone bound to be set; Thence by said Wellington Way N 10022'36"W a distance of 159.96'to a stone bound to be set; Thence by said Wellington Way with a curve turning to the right with an arc length of 45.56',with a radius of 475.00' with a delta angle of 5°29'45",to a stone bound to be set; Thence by said Wellington Way N 04°52'51" W a distance of 16.69' to a stone bound to be set and Lot 7; Thence by said Lot 7 N 48°15'56" E a distance of 6.97'to a point at land nlf of Bryan & K-eriy Hanssen, Thence by said land of Hanssen S 20°40'58" E a distance of 262.64'to the point of beginning; Containing according to said plan 8,171 square feet or 0.1876 acres. Being a portion of land conveyed to the grantor by deed recorded with the Essex.North Registry of Deeds in Book 14447 Page 94. Subject to and with the benefit of easements,rights,restrictions, covenants, conditions, takings and other matters of record, insofar as the same are now in force and applicable, (00103597;v2) Open Space B A certain parcel of land with the buildings thereon located on the northerly side of Boxford Street,North Andover,Essex County,Massachusetts being Open Space B on a plan entitled"Definitive P.R.D. Subdivision Plan of Wellington Woods in North Andover,Ma. by Cluistiansen& Sergi Inc. record owners Gorton Family Trust and applicant Messina Development Co.Ine. dated 8/10/15 recorded with the Essex North Registry of Deeds as Plan No.17354, More particularly bounded and described as follows: Beginning at a stone bound to be set at the southeast corner at the intersection of the westerly sideline of Wellington Way and the northerly sideline of Boxford Street. Thence S 85°07'02" W a distance of 88.77'to land n/f of Charlotte Hopping; Thence by said Hopping with a curve turning to the left with an are length of 47.09', with a radius of 30.00', with a delta angle of 89'56'11", to a point; Thence by said Hopping N 04°52'58" W a distance of 155.00' to a point; Thence by said Hopping N 78'11'01" W a distance of 261.01'to land n/f S&L Homes LLC; Thence by said S&L Homes LLC N 03°25'04" E a distance of 110.87'to a point; Thence by said S&L Homes N 60°06'26" W a distance of 296.02'to a point; Thence by said S&L Homes S 25°35'27" W a distance of 464.69'to a stonewall at land n/f of Cornelius Donovan; Thence by said Donovan and the stonewall N 40°03'57" W a distance of 109.63'to a wall corner; Thence by said Donovan and the stonewall S 609712" W a distance of 69.07 to an angle in the wall; Thence by said Donovan and the stonewall S 84°55'12" W a distance of 13.28' to an angle in the wall; Thence by said Donovan and the stonewall N 76°54'28" W a distance of 10.91'to an angle in the wall; Thence by said Donovan and the stonewall N 55°03'18" W a distance of 16.67' to an angle in the wall; {00103597;v21 Thence by said Donovan and the stonewall N 72°32'28" W a distance of 41.57'to an angle in the wall; Thence by said Donovan and the stonewall N 60'40'18"W a distance of 61.01'to an angle in the wall; Thence by said Donovan and the stonewall N 84"09'38" W a distance of 20.19' to an angle in the wall; Thence by said Donovan and the stonewall S 65°21'12" W a distance of 20.53'to a wall coiner at land n/f Thomas &Catherine Donovan; Thence by said Donovan and the stonewall N 26°50'08" W a distance of 250.00' to a wall corner at land n/f Paul&Jane Rabbitt; Thence by said Rabbitt, several other abutters and the stonewall N 43°17'52" E a distance of 757.56' to an angle in the wall; Thence by several abutters and the stonewall N 50°24'32" E a distance of 198.02'to•a wall comer at land n/f of the Town of North Andover; Thence by said town S 56°19'53" E a distance of 322.15'to Lot 4; Thence by said Lot 4 & 3 S 559 P28" W a distance of 250,74'to a point; Thence by said Lot 3 S 21°16'52" E a distance of 233.79'to Lot 2; Thence by said Lot 2 S 46°09'55" E a distance of 212,05'to a Lot 1; Thence by said Lot 1 S 47°39'25" E a distance of 56.72'to a point; Thence said Lot 1 N 85°07'09" E a distance of 163.07to a stone bound to be set on the westerly sideline of Wellington Way; Thence by said Wellington Way S 04°52'51" E a distance of 127.981to a stone bound to be set; Thence by said Wellington Way with a curve turning to the left with an arc length of 50.361, with a radius of 525.00',with a delta angle of 05°29'45", to a stone bound to be set; Thence by said Wellington Way S 10'22'36" E a distance of 149.38'to a stone bound to be set; {00103597;v2} Thence by said Wellington Way with a curve turning to the right with an arc length of 50.00',with a radius of 30.00',with a delta angle of 95°29'38", to the point of beginning. Containing according to said plan 508,952 square feet or 11.6839 acres. Being a portion of land conveyed to the grantor by deed recorded with the Essex North Registry of Deeds in Book 14447 Wage 94. Subject to and with the benefit of casements,rights,restrictions, covenants, conditions, takings and other matters of record, insofar as the same are now in force and applicable. (00103597;v2) Exhibit B [Sketch Plan] (00103597,v2) Exhibit C [Certificate of Authority] 1 i (00103597;v2) i I I � �prht Ea o4lsweo ,,a� ', !a p ~ t k 14660 13S,6 bqe,o[wrc Iwn. �f 4frATiO nrp��y.. �SSACIius� PLANNING DEPARTIl ENT Comintinity Development Division Form J — LOT RELEASE i The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated September 15 , 2015 and recorded in Essex North District Registry of Deeds, Book 14410 , Page 98 (or registered in Land Registry District as Document No. ,-and noted on Certificate of Title No. , in Registration Book Page ) have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled Definitive PRD Subdivision Wellington Woods recorded with said Deeds, Plan Book 17354, Plan , (or registered in said Land Registry District, Plan Book , Plan ) and said lots are hereby released from the restrictions as to sale and building specified thereon, tots designated on said Plan as follows; Lots 1-7 (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s)1-7 on Wellington Way Street(s) do conform to layout as shown on Definitive Plan entitled ,Wellington Woods" Section Sheet(s) Michael Sergi 11F Registered Land Surveyor MlCHq 9 . Majority Of the Planning Board of North Andover " SE Gl No.3319, 51 0 a.!IC aF sup . COMMONWEALTH OF MASSACHUSETTS r Date Then personally appeared the above-named \X and acknowled ed the fore instrument to be his/her free act and deed before me, - a Public My Co i s tt&OTA 4 ea Notary publ(c• COMMomVEALTH of MASSACHUSETTS My COMMiRsIon Expires 1600 Osgood Street,North Andover,8idg.20,Suite 2-36 Planning Dept.,Massachusetts l f3 Phone 978,688.9535 Fox 978.688.9542 Web www.lownofnortliandover.com Edited 811107 I 81,7/2018 Town of North Andover Mail-Wellington Woods-PRD and Definitive Subdivision Declslon-Lot 5,#45 Wellington Way I No ANI�O'Vl✓R Massachus ls_ Monica Gregoire<mgregoire@northandoverma.gov> Wellington Woods - PRD and Definitive Subdivision Decision - Lot 5, #45 Wellington Way 2 messages Marylee Messina <messinanewhomes@gmall.com> Fri,Aug 3, 2018 at 2:30 PM To: John Borges! <jborgesl@northaridoverma.gov>, Monica Gregoire <mgregoire@northandoverma.gov>, Unknown <phll@cs!-engr.com>,"T.J. Melvin" <TJ@csl-engr.com>, Steve Sawyer<SSawyer@csl-engr.com> Hi Monica and John; Thanks for your assistance in bringing closure to these field adjustments which are described as follows: 1 . 1 am confirming that you have agreed that in lieu of constructing the proposed pond/recharge area on Lot 5 (# 45 Wellington), as originally provided in our definitive plans, we can proceed to install a trench which is sized at 'I- foot deep by 2-Moot wide, and which will be constructed in the location as discussed in John's July 17, 2018 email. 2. We will then eliminate the proposed pond/recharge area on 45 Wellington by regrading the originally proposed recharge area to make it flat, and also to loam and seed the area to stabilize it. 3. We will also add a berm to be located at the beginning of the driveways at Lot 4 (# 51 Wellington), Lot 5 (# 45 Wellington), and Lot 6 (# 37 Wellington) to keep surface stormwater in the road, and to maintain the gutter line. I understand that these adjustments have been determined by Monica to be insubstantial changes which are permitted in accordance with both the PRD Decision and Definitive Subdivision Decision. Once we complete the work above, we understand that you will come back to the site to inspect the changes and confirm that the work as approved was constructed in accordance with your recommendations. These adjustments will also be noted in the final "as built" plan to be submitted to the Planning Board when we request our release of all security and escrow funds, and proceed to request street acceptance at the next Town Meeting. https://mall.googla.cow/mall/u/0?lk=dadd 1872a7&vlew=pt&search=all&permthld=thread-f°/n3A1607803627545038705&slmplµmsg-f°/a3Al6078036275... 1/3 817/2018 Town of North Andover Mali-Wellington Woods-PRD and Definitive Subdivision Decision-Lot 5,#145 Wellington Way Please confirm that we may proceed with the work, and schedule the final paving based upon this understanding. Thanks again for your assistance with this matter, Sincerely, Bob Monica Gregoire<mgregoire@northandoverma.gov> Tue,Aug 7, 2018 at 9:16 AM To. messinanewhomes@gmaii.com Cc: John Borges€ <jborgesi@northandoverma.gov>, phil@csi-engr.com,TJ@csi-engr.com,SSawyer@cs€-engr.com Good Morning Bob, As per condition 920 of the September 1,2015 Definitive Subdivision Plan Notice of Decision, I have reviewed the following insubstantial changes: 1) In lieu of constructing Pond 8P located on Lot 5(45 Wellington way), a 1 foot deep by 2 foot wide crushed stone trench will be constructed as per Christiansen&Sergi`s July 30th correspondence. 2) Pond 8P, located on Lot 5(45 Wellington)will be regraded and made flat. This area will be locmed and seeded to stability It. 3) Berms will be constructed at the beginning of the driveways at Lot 4 (#51 Wellington), Lot 5 (#45 Wellington),and Lot 6 (#37 Wellington)to keep surface stormwater in the road, and to maintain the gutter line. These changes have been reviewed by the Town Engineer has also reviewed these changes and has deemed appropriate. The Town Engineer must be notified as to the date of the final paving. All changes must be noted in the final as-built which will be submitted to the Planning Board. Regards, Monica [Quoted text hidden] Monica Gregoire Staff Planner Planning Department Town of North Andover 120 Main Street North Andover, MA 01845 Phone (978)688-9535 Fax (978)688-9542 Email mgregoire@northandoverma.gov https:llmali.google.com/maillu/0?lk=dadd 1872e7&vlew=pt&search=al i&permthld=thread-W/o3A1607803627546438705&slmpi=msg-f%3A16078036275... 213 v 8/7/2016 Town of North Andover Malt-Wellington Woods-PRD and Definitive 5ubdlvlslon Declslon-Lot 5,#45 We111ngton Way Web www.northandoverma.gov 3 Hours of Operation: Monday,Wednesday,Thursday 8 AM -4:30 PM Tuesday 8 AM-6 PM,Friday 8 AM-12 PM ----- ___ 20180730 Insubstantial Change.pdf 73K i https:#mall.g oogle.com/mall/u/0Ilk=daddl 872e7&vlow=pt&search=all&parmthld=thread-f%3A1607803627546(338705&slmpl-msg-f%a3A16078036275... 313