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HomeMy WebLinkAboutMiscellaneous - 602 BOXFORD STREET 00R TN O' 7411 AL Ct. 4,416,6NA C H U 5�� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 602 Boxford Street Lot 1, North Andover At the October 7, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for clearing and minor grading, loaning and seeding within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and Ephemeral Pool Habitat. The proposed work is more than 50 feet from the edge of the BVW. All disturbed areas will be loamed and seeded upon completion of the project. The project will conform to the following: Applicant: S&L Homes LLC 10 Middlesex Avenue Wilmington, MA 01887 Record Documents: Request for Determination of Applicability Form 1 and supporting materials,received:August 27, 2015 Request for Determination of Applicability for"602 Boxford Street Lot 1" Plan prepared by: Christiansen & Sergi, Inc. 160 Summer Street Haverhill,Massachusetts 01830 Dated:August 17, 2015 • SPECIAL CONDITIONS: CONDITIONS: 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Prior to the start of construction, the contractor will install a minimum 12" filter sock (natural fiber, no { plastic netting) as shown on the herein referenced plan. 3. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index 4. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 5. All work shall comply with the requirements of the Natural Heritage and Endangered Species Program as it relates to Priority Habitat located on the site. 6. Once construction is completed, all disturbed areas will be loamed and seeded. 7. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed), please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab Conservation Commission key to move To: Applicant your cursor Property Owner(if different from applicant): do not use the S&L Homes LLC return key. Name Name 10 Middlesex Ave Mailing Address Mailing Address Wilmington MA 01887 City/Town State Zip Code City/Town State Zip Code rerun AMML MOM?. 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability for 602 Boxford Street Lot1 August 17, 2015 Title Date Title Date Title Date 2. Date Request Filed: August 27, 2015 B. Dete-nnination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Clearing, minor grading, loaming and seeding within the Buffer Zone to Bordering Vegetated Wetland and Ephemeral Pool Habitat. Project Location: E' 602 Boxford Street(Lot 1) North Andover Street Address City/Town Map 105C Parcel 82 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality t` Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.12/14 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Wetlands Protection Act M.G.L. c. 131, §40 y B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request-is-post-marked-fereertified hail-ortiand delivered- es-the Department-Work mart Ten-proceed----at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See Attached ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Determination of Applicability•rev.12/14 Page 3 of 5 viimmr Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ® 6. The area and/or work described in the Request is not subject to review and approval by: North Andover Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on Date ter/gg/ / Date This Determination valldfor three Years from the date ofissuance eXce P t Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your- city-or-town.html)and the property owner(if different from the applicant). Signat :s: �^ / /./Ail 4/ , JYML f r/L. 2/(4‘4. '4.0114 ki t /01p1 ems' Date wpaform2.doc•Determination of Applicability•rev.12/14 Page 4 of 5 • • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands • WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see http://www.mass.goy/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. is wpaform2.doc•Determination of Applicability•rev.12/14 Page 5 of 5 LiMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/Town,Zip c.Check number d. Fee amount Important: When filling 2. Person or party making request(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town not use the State Zip Code return key. Phone Number Fax Number(if applicable) ub 0 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation —Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,i'1 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www.mass.qov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. x t i i Y is f , wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 2 of 2 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 CAROL HA.I,IAR MCGRAVEY OF COUNSEL Telephone 617-338-2200 e-mail chm @of-law.com Telephone 978-475-4552 Telecopier 617-338-0122 July 10, 2015 N O Andrew Maylor, Town Manager .11.. `^ Town of North Andover ::--7:-.�} � 120 Main Street Ca ;,c � s W a�f1 North Andover, MA 01845 t.- 4 RE: Center Realty Trust -.- " Conservation Restriction ` rt..) kD I': Dear Andrew: Enclosed for your records is a copy of the recorded Conservation Restriction which was recorded on June 29, 2015 at the Essex North District Registry of Deeds in Book 14279, Page 254. t Very truly yours, /Carol Hajjar McGravey CHM/saf cc: Jennifer Hughes (w/enc.) Joyce Bradshaw(w/enc.) John Simons (w/o enc.) r F w.\wp5 I\work\n-andove\corresp\maylor.chm.hr-center realty doe t s. tiOR.TH� 'p ''7C Hll� COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning 2 NOTICE OF DECISION ,ry`tom -O �� Definitive Subdivision Plan n , 10 Any appeal shall be filed within(20)days after the r date of filing this notice in the office of the Town Clerk. - 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 Street Groveland,MA 01834 Premises Affected: 602 Boxford St.(Map 105C,Lot 22) North Andover,Ma Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure,the installation of underground utilities,septic systems,connections to town water,site grading and the designation of 11.9 acres of Open Space in the R-1 Zoning District. After a public hearing given on the above dates, and upon a motion by Lora McSheny and seconded by Lynne Rudnicki to APPROVE the Application for a Definitive Subdivision Plan, as amended and upon circulation to the Planning Board for final review prior to signing, and based upon the following conditions. A vote of 5-0 was made in favor of the application. 'gyk On be f of the North Andover S F',/n Plannin g Board This Is to certify that twenty(20)days ' have elapsed from date of decision,filed John Simons,Chairman without filing of an appeal. Lora McSherry Date fiArENISfR 3a 0106- David Kello Joyce A.Bradshaw ` Kellogg Town Clerk Lynne Rudnicki Peter Boynton ATTEST: A True Copy Town Clerk 602 Boxford Street Wellington Woods Definitive Subdivision Plan The Town of North Andover Planning Board herein APPROVES the Application for a Definitive Subdivision Plan, known as Wellington Woods, to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connections to town water, site grading and the designation of 11.9 acres of Open Space in the R-1 Zoning District,Map 105C Lot 22.Messina Development Corporation, 277 Washington Street, Groveland MA 01834 submitted a complete application on July 1, 2015. The application was noticed and reviewed in accordance with procedures for approval described in the Town of North Andover Zoning Bylaws Sections 8.5, 10.3 and 10.31 along with the MGL c.40 Sec.9 and in accordance with the North Andover Subdivision Rules and Regulations Sec. 4. The public hearing on the above reference application was opened on July 20, 2015 and closed by the North Andover Planning Board on September 1,2015. The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS In accordance with Section 5.6 of the North Andover Rules and Regulations governing the Subdivision of Land,the Planning Board makes the following findings: 1. The Definitive Plan,dated June 23,2015, and last revised Aug. 10,2015,are both substantially complete and technically adequate,except as amended herein. 2. The "Lotting Sheet" (Sheets 2 and 3 of 14)" for the Definitive Subdivision Plan last dated June 23, 2015 shows a lot layout that depicts the creation of seven(7) lots, all of which have frontage on a new cul-de-sac. The Applicant has also applied for a Special Permit for a Planned Residential Development(PRD)thus conforming to all applicable zoning requirements. 3. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of a cul-de-sac is in keeping with the character of the neighborhood. This design was reviewed and approved for safety access by the North Andover Fire Department. 4. The Planning Board has also found that the layout of the subdivision conforms to the topographical features of the surrounding area, and thus has less impact on the environment and surrounding neighborhoods. 5. The proposed roadway layout provides for adequate access to the seven (7) new lots on a new cul-de-sac that will be safe and convenient for travel. 6. The roadway layout and stormwater management systems as depicted in Sheet 5 of 14 dated August 10, 2015 (Overall Development Plan) have been found to provide a design that is compatible with the surrounding neighborhood, in that it provides for adequate drainage and stormwater management. 7. The installation of Low Impact Development (LID) stormwater structures along the proposed roadway and on the individual lots has been shown to be effective in mitigating and treating stormwater. The Planning Board finds that these structures have been designed using best management practices and will effectively mitigate any increase in stormwater runoff as a result of the creation of the subdivision. 8. All Plans and related submissions were reviewed by the Town's outside consultants and were found to be in conformance with the Town of North Andover's Rules and Regulations Governing the Subdivision of Land. 9. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. 10. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. 2 602 Boxford Street Wellington Woods Definitive Subdivision Plan 11. The Definitive Plan secures adequate provisions for water, sewerage treatment via septic systems, drainage, underground utility services, fire, police and other similar municipal equipment, and other requirements where necessary in a subdivision. 12. The Definitive Plan has been reviewed by the Department of Public Works, Health Department, and the Fire Department and has been found to be acceptable. 13. The Definitive Plan conforms to the design and construction standards described in the Subdivision Rules and Regulations,with the exceptions of waivers granted in Condition 15. Upon reaching the above fmdings,the Planning Board approves this Definitive PRD Subdivision based upon the following CONDmONS: 14. Permit Definitions: a) The"Locus"or"Site"refers to the 17.98 acre site with land fronting on Boxford Street as shown on Assessors Map 105C, Lot 22, and also known as 602 Boxford Street, North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Christiansen & Sergi, Inc. entitled "Definitive PRD Subdivision of Wellington Woods", dated June 23, 2015, as most recently revised on August 10, 2015, consisting of Sheets 1-14, along with an associated Stormwater Management Report dated June 26,2015 revised Aug. 10,2015,and a Perimeter,Lot,Right of Way Closure Calculations report dated June 26,2015. c) The "Project" refers to the construction of a seven (7) lot subdivision for single family homes, construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connection to town water service,site grading and an Open Space designation of 11.87 acres located within the R-1 zoning district. d) The "Applicant" refers to Messina Development, 277 Washington St. Groveland, MA 01834,the applicant for the Special Permit, its successors and assigns. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer,and owner. 15. WAIVERS: The roadway, utilities and stormwater management systems will be constructed according to the Plans,with the following waivers granted by the Town of North Andover Planning Board,according to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land and the Town of North Andover Zoning Bylaw. These waivers are hereby granted in consideration of the fact that the design of the roadway was changed from that of a conventional subdivision road to the less intrusive roadway design as presented on the approved Definitive PRD Subdivision Plan: a) Sec. 6.7.1 Table 1A—The minimum pavement width for a local residential street is 26 feet. A width of 24' is proposed. b) Sec. 6.8.1 Street Design Standards Table 1A — This section requires that a cul-de-sac does not exceed 600' in length. A waiver is requested for Wellington Way to extend to approximately 725'. c) Sec. 6.9 Curbing — Granite curbing is required on all new streets. Granite curbing is proposed only at the beginning of the road. d) Sec. 6.11 Sidewalks— Sidewalks are required on one side of local streets. No sidewalk is proposed. e) Sec. 6.18.1 Street Trees — Street trees are required to be located within the street right of way.Street trees are proposed outside of the right of way. f) Sec. 6.21 Street Lighting—The Planning Board shall provide provisions for street lighting. No street lighting is proposed. 3 602 Boxford Street Wellington Woods Definitive Subdivision Plan g) Sec. 5.2.2.2.4—Benchmarks&Elevations are required to be shown on the subdivision plans to be based on the National Geodetic Vertial Datum of 1929(NGVD). The elevations shown on the plans reference the NAVD 1988 Datum which is the datum used on the current FEMA Maps for the Town of North Andover. h) Sec. 6.12.1 Monuments—Monuments 4' long 6" sq.concrete or granite bounds are required to be installed at all street intersections, at all points of change in direction or at curvature of streets,at 2 property corners of all new lots,and at any other points where,in the opinion of the Board, permanent monuments are necessary. Granite monuments are proposed at all points of change in direction, at curvature of streets, and at front corners of open space parcels only. Granite monuments are proposed to be 4'long and 5"sq. per 6.12.3. The 2 property corners of Lots 1-7 are proposed to be 5/8"iron rods 30"+long. i) Sec. 8.5.7.D Dimensional Regulations — This section requires a 50' from the parcel boundary running the full length of the perimeter of the parcel. A waiver is requested for Lots 4 and 5 are proposed to allow for septic systems within the buffer. The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted. With respect to those waivers concerning development standards above, the Planning Board also makes a fmding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived requirements will not impair the functioning, long term maintenance nor appearance of the future development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to the land shown on the Plan, and is consistent with the Board's development objectives. And upon the following additional SPECIAL CONDITIONS 16. With the exception of catch basins located with the Right-of-Way(ROW)of the new cul-de-sac,the drainage structures, infiltration basins, grassed swales, drainage channels and the stormwater management basins (Ponds) in the Open Space Parcel A & B will be maintained in perpetuity by a Homeowner's Association, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. An access and maintenance 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 shall be granted to the Town of North Andover for the stormwater treatment areas located on the Open Space parcel A&B. 17. The infiltration basins,ponds, located on Lots 3,4, and 5 will be maintained by the owners of those lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. 18. All roof infiltration systems that are located on individual lots are to be maintained by the owners of those lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. 19. All existing trees that are noted on the plan to remain will be maintained in perpetuity. 20. The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the fmal authority on determination of significance of proposed plan changes. 21. In consideration of the approval of the Plan, there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot in the subdivision. 22. Prior to endorsement of the Special Permit by the Planning Board and recording with the North Essex Registry of Deeds, the applicant shall meet all of the requirements stated in the Planned Residential Development Special Permit decision dated September 1,2015 and noted before the term 4 602 Boxford Street Wellington Woods Definitive Subdivision Plan "Prior to endorsement of Plans" 23. PRIOR TO ENDORSEMENT OF THE PLAN Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A covenant(FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 25 under"PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANT". b) A Site Opening Bond in the amount of ten thousand dollars($10,000)to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing bond account. c) Unless the drainage structures are to be maintained by the town, a recorded Homeowner's Association Agreement shall be submitted, containing the provision that the stormwater drainage structures, as noted in SPECIAL CONDITION 16, will be maintained by the Association and the Easement will be granted to the Homeowner's Association and Town of North Andover. d) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. e) All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. f) All stormwater structures to be maintained by the Homeowner's Association,the infiltration basins,the grassed swales,the drainage channels,and the Stormwater Infiltration Basins located within the Open Space shall be shown on the plan. g) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. h) The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the list of waivers for this project must appear on the mylars. i) A Deed for each individual lot shall be submitted, reviewed and approved by Town Counsel. j) A construction and grading easement shall be included for Open Space Parcel A and Open Space Parcel B. k) A stormwater management easement shall be provided for Open Space Parcel B to the Homeowners Association. 1) A 10' drainage easement around the length of the roadway should be provided for the Town of North Andover Division of Public Works. m) Easement documents, deed restrictions, Homeowners Association Agreements and maintenance agreements concerning the drainage structures must be submitted, reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. n) The Subdivision Decision and the list of waivers for this project must appear on the mylars. o) A Development Schedule must be submitted for signature by the Town Planner. The schedule must show building permit eligibility by quarter for all lots. p) All documents shall be prepared at the expense of the applicant,as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. q) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project,provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to 5 602 Boxford Street Wellington Woods Definitive Subdivision Plan inspect the site accompanying a Planning Department designated official. r) The applicant will provide copies of all Decisions, Notification or Order of Conditions from the North Andover Conservation Commission. s) If as a result of any decision made by another Town Board, the proposed plan as approved by the Planning Board is changed,the Applicant shall provide those changes to the Planning Board for approval. 24. PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK. a) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of Deeds b) Three (3) copies of the signed, recorded plans and two copies of the following recorded documents must be delivered to the Planning Department: Subdivision Approval Form M, Easement documents, homeowners' agreement and maintenance documents referred to in Condition 16 under "Special Conditions" and in sections C, F, K, and M as referred to in section Prior to the Endorsement of the Plan in this Decision. c) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Town Planner must be contacted prior to any cutting and or clearing on site. d) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. e) A pre-construction meeting must be held with the developer, their construction employees, Planning Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. f) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the contribution and evidence of DPW's determination and a receipt for the contribution must be submitted to the Town Planner. g) The applicant shall provide evidence to the Town Planner of filing and approval of the EPA NPDES General Construction Permit for the project. 25. PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS a) The applicant must submit a lot release(Form J)to the Planning Board for signature. b) A Performance Guarantee in an amount to be determined by the town's engineer and by the Town Planner, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings; ii. sewers and utilities; iii. roadway construction and maintenance; iv. lot and site erosion control; v. site screening and street trees; vi. drainage facilities; vii. site restoration; viii. final site cleanup. 26. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a) The roadway must be constructed to binder paving with stabilized shoulders. b) A Plot Plan(in paper form and in SDF: Standard Digital File)for the lot in question must be submitted to include the following: i. Location of the structure ii. Location of the driveway iii. Location of all water and sewer lines 6 602 Boxford Street Wellington Woods Definitive Subdivision Plan iv. Any grading called for on the lot v. Location of drainage,utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. d) All catch basins shall be protected and maintained with filter fabric to prevent siltation into the drain line during construction. e) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. f) Lot numbers,visible from all roadways must be posted on all lots. 27. DURING CONSTRUCTION a) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. b) It shall be the responsibility of the developer to assure that no erosion from the site of po ty construction shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a fording that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such fording and ten days to cure said condition. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 28. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY a) House numbers for each lot must be posted so as to be seen from the street. b) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety. c) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit seeding or sodding. d) It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. e) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. f) The applicant must submit a letter from the architect and engineer of the project stating that the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 29. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) A fmal as-built plan showing fmal topography, the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. The as- built must be provided in paper form as well as in SDF(Standard Digital File)format. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. c) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d) The roadway and all stormwater management systems must be constructed according to the plans approved by the Planning Board 7 602 Boxford Street Wellington Woods Definitive Subdivision Plan 30. GENERAL CONDITIONS a) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. b) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies. c) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. d) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. e) Any action by a Town Board, Commission,or Department,which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. f) The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the final authority on determination of significance of proposed plan changes. g) The following information shall be deemed part of the decision: Plan titled: "Definitive PRD Subdivision Plan of Wellington Woods Prepared for: Messina Development Co. INC. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: June 26,2015,Revised Aug. 10,2015 Sheets: 1-14 Report Titled: Stormwater Management Report Prepared for: Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way,Closure Calculations Prepared for: Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015 cc: Town Departments Applicant Engineer Abutters Assessor 8 r ` ESf_CEIVED .. (iv :.�_RK'S `r F I Print Form 2015 MAR -5 PM 1: 4 o K RTH ANDOVER 'MASSACHUSETTS 1SS4CHuso PLANNING DEPARTMENT Community Development Di"vision Form A — Application for APPROVAL NOT REQUIRED DATE: .5 -� - ? ":") /S ^- Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant: M E55 i /VA be V EL DPm I c . Address: 77 INA S N I &J G 1-0,\-/ 57-, 6 Ru J 5-LA/op , ,MA 0/&--3`11 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: /4.5 - L c% 2 2 - ' i ee?_a_r Co 011111MIMPRIMMIll S ►r=e- 2i'NE -1 3. Deed Reference: Book /4 146- , Page 2 or Certificate of Title: 4. Name of Surveyor: M i(t10-11 -� S"n �-h f 1S 1-10,'11re'I v. Address: !/ S ct v (new_ / A-t,%.�A?11 /V)�9- O//'3C) , , Signature of owners): �.�.. F- i - e - Address:6„1y4'xhra' it /V 11 / 11th 04A OiffC- Page I of 2 1600 Osgood Street,florth An„lover,Bldg 20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 013 683 9535 Env 913 633.9542 W i _. a r nn !h }'7 Edited 3 1 07 - ~ 4 6S Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. ©A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area and lot width required under the Zoning By-law on a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. 0 B. Each Lot has been clearly marked on the plan to be either. a)joined to and made part of an adjacent lot,or b)labeled Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as definp4by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivisi ontrol etw at: Very truly yours, -4-1. North Andover Planning Board y► A — 10 it7t._,E co rTI By: AM 0,t,� sau "S<sm. rri Date: < )o 41 T1 Page 2 of 2 1500 Osgood Street,North AndJ;ar Bldg 20 Seitz 2 35 Planning Dept.,Massachusetts 01845 Phone 918.688.9535 Fox 973 638 9542 Web 11.c t•)xnefnorthan-lo'ier rrm Edited 8 1;01 CEN Eo°c ^I(- ice' I. MR 24 i= 42 • •• * `. ' • Tti ili roAttpOVE PLANNING DEPARTMENT ti /1-.--;,(A, Form B - APPLICATION FOR PRELIMINARY SUBDIVISION APPROVAL DATE: (Stamp three(3)forms with the Town Clerk. File one(1)form with the Town Clerk and two(2)forms with the Planning Department) To the Planning Board: The undersigned, being an applicant under Chapter 41,81-S, MGL,for approval of a proposed subdivision plan, hereby submits a Preliminary Plan and makes application for approval to the North Andover Planning Board. 1.Name of Applicant: MESS i tJ A el el )P T- Address: _3,77 A S 410 6 777 kJ Sr 6"/?o U • / .MR- a I A 3 Signature of Applicant 54 2.Name of Subdivision: AU T iJ M UV CJ O b S 3.Location and Description of Property[include Assessor's Map&Lot and Zoning Districts) R-1 Goy 6 XFI 1) ST, NR 4.Address of Property Being Affected: Zoning District: IP- 1 Assessors:Map#: /O 5 C Lot# 1- 5.Deed Reference:Book 5-q07 ,Page '17 and 13oo< I y /'/ E 2 Certificate of Title No. 6.Name of SurveyorlEngineer: Cµi2157 14X15E0 4. 5FR-6/ /n/ (-- Address: !!o 0 SUM nit E2 ST N Ail E 2 I-f i c M'i 7.Signature of Owner(s): �- I" ,/ G� ,�1e&; 044 #J Address: 0a 4 r35 1c c„— s' N ..A- Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Form L Page 2 of 3 1600 Osgood Street, North 1ndo,er,Bldg 20 Suite 2-36 Planning Dept_.Massachusetts 01845 Phone 913.638.9535 fox 978 688 9542 Web N.v./ t,) rn r�i, 414 c,4:1,a no ;, r l 1 i 1 SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT Departmental referral Form L wi 1 of department acknowledging receipt. • y� a 3 Pi pssa ITO: Director,DPW � , -, 3 -/9 Town Engineer,DPW far '-.).3 -/5 � W r Ie /(Water& Sewer Department, DPW Water Treatment Depart ' .nt . ::. ' ' - 3 )-3 _Nii 9 Fire Chief k. A Conservation Administrator' A ?'25 /SI Inspector of Buildings �/_ ...-. 4/ ____-. S/ -//3 f Po_ / i - 3 /Health Administrator '` C1,-elit(i * , 1 e(,,j , t' School Department Al L.. - / ►' . - z..5-/)/ Police Department 0 / S 4 g t FROM: Applicant MESSitJfr beUEioPME'J - 4 -JoYCC t3P psf-A- , k Date: 3 2 3 -2 ! 5 .06 Re: X Preliminary Plan FiG �A S Definitive Subdivision Modification to a Subdivision Special Permit Site Plan Review i Address of Development: 6 Da 13 o t`Fo ie v A Public Hearing has been scheduled for the following date: } PR i L 2-I Please provide your written comments to the Planning Department by the following date: Ap/Z 1& 15 . (The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting). Failure to provide written comments by this date will constitute your approval of this plan. Thank you. , t Page 3 of 3 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com r,i.s i no/97/ nln , 3 i a, F 1 4 ,4: nq G fi COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION £p.9 ' Building Conservation Health Planning Zoning ,10/Plo, ,; o,-z-dy&6se Any appeal shall be filed 5,40:7,71% within(20)days after the kt, ;- date of filing this notice in r the office of the Town Clerk. NOTICE OF DECISION k Special Permit-Planned Residential Development Wellington Woods Date: September 1,2015 g Hearing Date: July 21, 2015,Aug. 18,2015, Sept. 1, 2015 `' Decision Date: September 1,2015 E4 Petition Of: Messina Development 277 Washington St. Groveland,MA 01834 a Premises Affected: 602 Boxford Street(Map 105C, Lot 22) North Andover, Ma i Referring to the above petition for Approval of a Special Permit for a Planned Residential Development according to the requirements of the North Andover Subdivision Rules&Regulations, so as to construct a seven(7)lot subdivision, including the construction of a roadway with a cul-de-sac,the installation of • stormwater management infrastructure,the installation of underground utilities, septic systems, connections to town water service, site grading and an Open Space designation of 11.87 acres located in the R-1 zoning district. After a public hearing given on the above dates,and upon a motion by D. Kellogg and seconded by L. Rudnicki to APPROVE the Application for a Special Permit for a Planned Residential Development Y (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. 1 . k i /On •tr alf of the North dover Planning Board I i John Simons, Chairman David Kellogg Peter Boynton Lora McSherry Lynne Rudnicki i i i 4 602 Boxford Street Wellington Woods 0 PRD Special Permit o 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 z" associated Open Space. The Messina Development Corporation, 277 Washington Street, Groveland MA t' 01834 submitted a complete application on July 1, 2015. The application was noticed and reviewed in z 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 Sec. 9. The public hearing was opened on July 20, 2015 and F. closed on September 1,2015.The area affected is in the Residence 1 Zoning District. z' , E FINDINGS The Planning Board makes the following findings as required by the Zoning Bylaw Sections 103 & 10.31 1. The specific site is an appropriate location for a Planned Residential Development as the 18.0 acre property would yield seven(7) single family homes with a conventional subdivision design, ranging c in size from 87,120 sq. ft.to 182,290 sq. ft. vs.the seven new lots ranging in size from 21,780 sq. ft. to 55,078 sq. ft. with the PRD design. This PRD Plan minimizes the amount of disturbance on the t existing slopes, vegetation, wetlands, and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of eleven (11) acres of the property through a perpetual open space restriction and provides protection for critical habitat for a Nationally Endangered Species of Blanding Turtles. The proposed plan conforms to the Rules and Regulations Governing the Subdivision of Land of the Town of North Andover and the North Andover Bylaw with the exception of a waivers from Section 6.8.1 Table 1 A, 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 t' 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 located where sidewalks would connect and street t 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 i Space provided is 7.6 acres. i 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. r 2 ' a I 602 Boxford Street Wellington Woods PRD Special Permit t In accordance with Section 8.5 of the Bylaw the Planning Board finds that the proposed PRD is in harmony i 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. s i I In particular,the Planning Board finds that the project will: 1j 1 6. Promote a more efficient use of the land in harmony with its natural features by preserving additional k 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 I' natural resources; 8. Encourage preservation of open space. The applicant has provided approximately 11.8 acres of the property as Useable Open Space; t 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 i Andover; 1 10. Meet the Town's housing needs by providing an alternative size of home and lot within the 1 Residential 1 (R-1)Zoning District; I 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; ; r i ':::11 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 monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 3 , i' { r fy;- • 602 Boxford Street Wellington Woods PRD Special Permit 14. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning Board 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 Definitive Subdivision Notice of Decision dated September 1,2015, "Prior To Endorsement Of The Plan". 16. With the exception of the catch-basins located within the Right-of-Way (ROW) of the new 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 g. described in the Definitive Subdivision Decision dated September 1, 2015, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be recorded with respect to this land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation, subject to certain easements and restrictions to be described therein. Documents to this effect shall be drafted by the applicant and reviewed by the Planning Staff '' prior to the release of any of the lots from the covenant described in Condition 25 of the Definitive Subdivision Conditional Approval. 18. The designated Usable Open Space parcels shall be transferred in ownership to one of the following groups: a) A non-profit organization or trust whose members are all the homeowners and occupy the homes; b) Private organization including but not limited to the Trustees of Reservations, or Essex County Greenbelt Association whose primary function is preserving open space; c) The Town of North Andover; d) Any Group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the homes located in the PRD. As referenced in Condition 17 above, Documents to this effect shall be drafted by the applicant =a 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 is 602 Boxford Street Wellington Woods PRD Special Permit 19. Prior to Construction,Yellow Hazard tape must be placed along the no-cut line as shown on the approved plans, or as otherwise designated, and must be inspected by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 20. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 21. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot within the Wellington Woods subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association, conservation organization, agricultural trust or the Town of North Andover through its Conservation =' Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition, notwithstanding the Town's acceptance of such Open Space parcels". 22. Prior to verification of a Certificate of Occupancy. The applicant must submit a letter 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 kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 24. This special permit approval shall be deemed to have lapsed on September 1, 2017 (two years from the approval date), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period or for good cause as 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 . t, , % 1 , 602 Boxford Street ''' i Wellington Woods =, PRD Special Permit hearing, or might otherwise require a modification to the original Special Permit approval. The 1 Planning Board holds the final authority on determination of significance of proposed plan changes. a 28. The Board finds that the PRD meets the following Development Standards: a) Parcel Size—The parcel size is 17.98 acres and exceeds the minimum requirement. b) Allowable Use—The single family homes are allowed uses for a PRD. The overall composition of lot sizes varies within the subdivision. A minimum of 100' frontage has been met for all lots and the sizes range from 21,780 sq. ft.to 55,078 sq.ft. c) Dimensional Regulations(Subdivision)—The PRD proposal meets the dimensional t regulations for a subdivision with the exception of the requests one(1)waiver: A waiver of Sec. 8.5.7.d is requested to allow for the location of two septic systems on Lots 4 & 5 within the 50' no buffer zone. The buffer will remain open without pavement or roadways and in a visibly natural state. d) Parking—Each house lot has suitable parking for residents and visitors. e) Usable Open Space—The open space calculations are met and exceeded. The total project area is 17.9 acres. The required minimum open space is 35% or 6.29 acres. The project provides 66%open space or 11.8 acres(4.2 wetlands and 7.6upland). t 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.F.2.d. Parcel A is located at the entrance to the subdivision. g) Stormwater management systems (two ponds) are located within the usable open k 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. 1 29. The following information shall be deemed part of the decision: i Plan titled: Definitive P.R.D. Subdivision Plan of Wellington Woods i Prepared for: Messina Development Co. Inc. 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi, Inc. 160 Summer Street h Haverhill,MA 01830 4' 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. t 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way Closure Calculations Prepared for: Messina Development Co. Inc. 6 ! { . , { 602 Bo rd Street Wellington Wo o ADSPc Permit ( 277 Washington St } Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Str et Haverhill,MA 01830 Date: June 26,20 15 The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40 A Sec. 17 to appeal this decision within twen ty dasa ■te the date of this decision b sb been filed with the Town Clerk. cc: Town Departments Applicant Engineer Abutters Assessor File ( ( ( 7 4 I • r k. COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning gg try fi%- NOTICE OF DECISION ,�.�� � ∎('v' Definitive Subdivision Plan -per-A -. tt ,y 2� 4 s Any appeal shall be filed "x--; -� �7 within(20)days after the , date of filing this notice in Jii the office of the Town Clerk. Date: September 1,2015 i' Hearing Date: July 21,2015, Aug. 18, 2015, Sept. 1, 2015 Decision Date: September 1, 2015 t Petition of: Messina Development 277 Washington Street Groveland,MA 01834 Premises Affected: 602 Boxford St.(Map 105C,Lot 22) North Andover, Ma t Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a seven (7) lot subdivision, 1 including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure,the installation of underground utilities, septic systems,connections to town water, site grading t and the designation of 11.9 acres of Open Space in the R-1 Zoning District. After a public hearing given on the above dates, and upon a motion by Lora McSherry and seconded by Lynne Rudnicki to APPROVE the Application for a Definitive Subdivision Plan, as amended and upon circulation to the Planning Board for final review prior to signing, and based upon the following conditions. i A vote of 5-0 was made in favor of the application. t. On beh f of the North AAndover Plannin g Board John Simons, Chairman Lora McSherry David Kellogg Lynne Rudnicki Peter Boynton , 602 Boxford Street Wellington Woods Definitive Subdivision Plan The Town of North Andover Planning Board herein APPROVES the Application for a Definitive Subdivision Plan, known as Wellington Woods, to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connections to town water, site grading and the designation of 11.9 acres of Open Space in the R-1 Zoning District,Map 105C Lot 22. Messina Development Corporation, 277 Washington Street, Groveland MA 01834 submitted a complete application on July 1, 2015. The application was noticed and reviewed in accordance with procedures for approval described in the Town of North Andover Zoning Bylaws Sections 8.5, 10.3 and 10.31 along with the MGL c. 40 Sec. 9 and in accordance with the North Andover Subdivision Rules and Regulations Sec. 4. The public hearing on the above reference application was opened on July 20, 2015 and closed by the North Andover Planning Board on September 1,2015. The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS In accordance with Section 5.6 of the North Andover Rules and Regulations governing the Subdivision of Land,the Planning Board makes the following findings: 1. The Definitive Plan, dated June 23,2015,and last revised Aug. 10, 2015, are both substantially complete and technically adequate, except as amended herein. 2. The "Lotting Sheet" (Sheets 2 and 3 of 14)" for the Definitive Subdivision Plan last dated June 23, 2015 shows a lot layout that depicts the creation of seven (7) lots, all of which have frontage on a new cul-de-sac. The Applicant has also applied for a Special Permit for a Planned Residential Development(PRD)thus conforming to all applicable zoning requirements. 3. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of a cul-de-sac is in keeping with the character of the neighborhood. This design was reviewed and approved for safety access by the North Andover Fire Department. 4. The Planning Board has also found that the layout of the subdivision conforms to the topographical features of the surrounding area, and thus has less impact on the environment and surrounding neighborhoods. 5. The proposed roadway layout provides for adequate access to the seven (7) new lots on a new cul-de-sac that will be safe and convenient for travel. 6. The roadway layout and stormwater management systems as depicted in Sheet 5 of 14 dated August 10, 2015 (Overall Development Plan) have been found to provide a design that is compatible with the surrounding neighborhood, in that it provides for adequate drainage and stormwater management. 7. The installation of Low Impact Development (LID) stormwater structures along the proposed roadway and on the individual lots has been shown to be effective in mitigating and treating stormwater. The Planning Board finds that these structures have been designed using best management practices practices and will effectively mitigate any increase in stormwater runoff as a result of the creation of the subdivision. 8. All Plans and related submissions were reviewed by the Town's outside consultants and were found to be in conformance with the Town of North Andover's Rules and Regulations Governing the Subdivision of Land. 9. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. 10. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. 2 t 602 Boxford Street Wellington Woods Definitive Subdivision Plan 11. The Definitive Plan secures adequate provisions for water, sewerage treatment via septic systems, drainage, underground utility services, fire, police and other similar municipal equipment, and other requirements where necessary in a subdivision. 12. The Definitive Plan has been reviewed by the Department of Public Works, Health Department, and the Fire Department and has been found to be acceptable. 13. The Definitive Plan conforms to the design and construction standards described in the Subdivision Rules and Regulations, with the exceptions of waivers granted in Condition 15. Upon reaching the above findings,the Planning Board approves this Definitive PRD Subdivision based upon the following CONDITIONS: 14. Permit Definitions: a) The"Locus"or"Site"refers to the 17.98 acre site with land fronting on Boxford Street as shown on Assessors Map 105C, Lot 22, and also known as 602 Boxford Street, North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc. entitled "Definitive PRD Subdivision of Wellington Woods", dated June 23, 2015, as most recently revised on August 10, 2015, consisting of Sheets 1-14, along with an associated Stormwater Management Report dated June 26,2015 revised Aug. 10,2015, and a Perimeter,Lot, Right of Way Closure Calculations report dated June 26,2015. c) The "Project" refers to the construction of a seven (7) lot subdivision for single family homes, construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connection to town water service, site grading and an Open Space designation of 11.87 acres located within the R-1 zoning district. d) The "Applicant" refers to Messina Development, 277 Washington St. Groveland, MA 01834,the applicant for the Special Permit, its successors and assigns. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 15. WAIVERS: The roadway, utilities and stormwater management systems will be constructed according to the Plans, with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land and the Town of North Andover Zoning Bylaw. These waivers are hereby granted in consideration of the fact that the design of the roadway was changed from that of a conventional subdivision road to the less intrusive roadway design as presented on the approved Definitive PRD Subdivision Plan: a) Sec. 6.7.1 Table lA—The minimum pavement width for a local residential street is 26 feet. y, A width of 24' is proposed. b) Sec. 6.8.1 Street Design Standards Table 1 A — This section requires that a cul-de-sac does not exceed 600' in length. A waiver is requested for Wellington Way to extend to approximately 725'. c) Sec. 6.9 Curbing — Granite curbing is required on all new streets. Granite curbing is proposed only at the beginning of the road. d) Sec. 6.11 Sidewalks — Sidewalks are required on one side of local streets. No sidewalk is proposed. e) Sec. 6.18.1 Street Trees — Street trees are required to be located within the street right of way. Street trees are proposed outside of the right of way. f) Sec. 6.21 Street Lighting—The Planning Board shall provide provisions for street lighting. No street lighting is proposed. 3 i, 1, , n- 602 Boxford Street Wellington Woods Definitive Subdivision Plan g) Sec. 5.2.2.2.4—Benchmarks&Elevations are required to be shown on the subdivision plans to be based on the National Geodetic Vertial Datum of 1929(NGVD). The elevations shown on the plans reference the NAVD 1988 Datum which is the datum used on the current FEMA Maps for the Town of North Andover. t h) Sec. 6.12.1 Monuments—Monuments 4' long 6" sq. concrete or granite bounds are required t to be installed at all street intersections, at all points of change in direction or at curvature of streets, at 2 property corners of all new lots, and at any other points where, in the opinion of t the Board, permanent monuments are necessary. Granite monuments are proposed at all points of change in direction, at curvature of streets, and at front corners of open space parcels only. Granite monuments are proposed to be 4'Iong and 5"sq. per 6.12.3. The 2 property corners of Lots 1-7 are proposed to be 5/8"iron rods 30"+long. i) Sec. 8.5.7.D Dimensional Regulations — This section requires a 50' from the parcel boundary running the full length of the perimeter of the parcel. A waiver is requested for I; Lots 4 and 5 are proposed to allow for septic systems within the buffer. £: I i The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted. I With respect to those waivers concerning development standards above, the Planning Board also makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived requirements will not impair the functioning, long term maintenance nor appearance of the future development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to the land shown on the Plan, t and is consistent with the Board's development objectives. And upon the following additional SPECIAL CONDITIONS 16. With the exception of catch basins located with the Right-of-Way(ROW)of the new cul-de-sac,the drainage structures, infiltration basins, grassed swales, drainage channels and the stormwater management basins (Ponds) in the Open Space Parcel A & B will be maintained in perpetuity by a Homeowner's Association, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. An access and maintenance 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 shall be granted to the Town of North Andover for the stormwater treatment areas located on the Open Space parcel A&B. 17. The infiltration basins, ponds, located on Lots 3, 4, and 5 will be maintained by the owners of those y lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. 18. All roof infiltration systems that are located on individual lots are to be maintained by the owners of those lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. ' 19. All existing trees that are noted on the plan to remain will be maintained in perpetuity. i, i' 20. The Town Planner shall review any insubstantial changes made to the plans and reports described t herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the final authority on determination of significance of proposed plan changes. 21. In consideration of the approval of the Plan, there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot in the subdivision. 22. Prior to endorsement of the Special Permit by the Planning Board and recording with the North i Essex Registry of Deeds, the applicant shall meet all of the requirements stated in the Planned Residential Development Special Permit decision dated September 1,2015 and noted before the term I` 4 i 602 Boxford Street Wellington Woods Definitive Subdivision Plan "Prior to endorsement of Plans" 23. PRIOR TO ENDORSEMENT OF THE PLAN Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A covenant(FORM I) securing all lots within the subdivision for the construction of ways g` and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 25 under"PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANT". b) A Site Opening Bond in the amount of ten thousand dollars ($10,000)to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing bond account. c) Unless the drainage structures are to be maintained by the town, a recorded Homeowner's Association Agreement shall be submitted, containing the provision that the stormwater drainage structures, as noted in SPECIAL CONDITION 16, will be maintained by the Association and the Easement will be granted to the Homeowner's Association and Town of North Andover. d) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. e) All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. f) All stormwater structures to be maintained by the Homeowner's Association,the infiltration basins,the grassed swales,the drainage channels,and the Stormwater Infiltration Basins located within the Open Space shall be shown on the plan. g) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. h) The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the list of waivers for this project must appear on the mylars. i) A Deed for each individual lot shall be submitted, reviewed and approved by Town Counsel. j) A construction and grading easement shall be included for Open Space Parcel A and Open Space Parcel B. k) A stormwater management easement shall be provided for Open Space Parcel B to the Homeowners Association. 1) A 10' drainage easement around the length of the roadway should be provided for the Town of North Andover Division of Public Works. 4' m) Easement documents, deed restrictions, Homeowners Association Agreements and maintenance agreements concerning the drainage structures must be submitted, reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. n) The Subdivision Decision and the list of waivers for this project must appear on the mylars. o) A Development Schedule must be submitted for signature by the Town Planner. The schedule must show building permit eligibility by quarter for all lots. p) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. q) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to 5 602 Boxford Street Wellington Woods Definitive Subdivision Plan inspect the site accompanying a Planning Department designated official. r) The applicant will provide copies of all Decisions, Notification or Order of Conditions from the North Andover Conservation Commission. s) If as a result of any decision made by another Town Board, the proposed plan as approved by the Planning Board is changed, the Applicant shall provide those changes to the Planning Board for approval. 24. PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK. a) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of Deeds b) Three (3) copies of the signed, recorded plans and two copies of the following recorded documents must be delivered to the Planning Department: Subdivision Approval Form M, Easement documents, homeowners' agreement and maintenance documents referred to in Condition 16 under "Special Conditions" and in sections C, F, K, and M as referred to in section Prior to the Endorsement of the Plan in this Decision. c) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Town Planner must be contacted prior to any cutting and or clearing on site. d) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. e) A pre-construction meeting must be held with the developer, their construction employees, Planning Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. f) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the contribution and evidence of DPW's determination and a receipt for the contribution must be submitted to the Town Planner. g) The applicant shall provide evidence to the Town Planner of filing and approval of the EPA NPDES General Construction Permit for the project. 25. PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS a) The applicant must submit a lot release(Form J)to the Planning Board for signature. b) A Performance Guarantee in an amount to be determined by the town's engineer and by the Town Planner, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings; ii. sewers and utilities; iii. roadway construction and maintenance; iv. lot and site erosion control; v. site screening and street trees; vi. drainage facilities; vii. site restoration; viii. final site cleanup. 26. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a) The roadway must be constructed to binder paving with stabilized shoulders. b) A Plot Plan(in paper form and in SDF: Standard Digital File)for the lot in question must be submitted to include the following: i. Location of the structure ii. Location of the driveway iii. Location of all water and sewer lines 6 Y}{, 602 Boxford Street Wellington Woods i! Definitive Subdivision Plan iv. Any grading called for on the lot v. Location of drainage, utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. d) All catch basins shall be protected and maintained with filter fabric to prevent siltation into the drain line during construction. e) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. f) Lot numbers,visible from all roadways must be posted on all lots. 27. DURING CONSTRUCTION a) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. b) It shall be the responsibility of the developer to assure that no erosion from the site of construction shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 28. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY a) House numbers for each lot must be posted so as to be seen from the street. b) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety. c) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit seeding or sodding. d) It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. e) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. f) The applicant must submit a letter from the architect and engineer of the project stating that £! the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 29. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) A final as-built plan showing final topography, the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. The as- built must be provided in paper form as well as in SDF (Standard Digital File)format. " b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. c) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d) The roadway and all stormwater management systems must be constructed according to the plans approved by the Planning Board 7 N 602 Boxford Street Wellington Woods Definitive Subdivision Plan 30. GENERAL CONDITIONS a) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. b) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. c) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. d) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. e) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. f) The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the final authority on determination of significance of proposed plan changes. g) The following information shall be deemed part of the decision: Plan titled: "Defmitive PRD Subdivision Plan of Wellington Woods Prepared for: Messina Development Co. INC. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen& Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: June 26,2015, Revised Aug. 10,2015 Sheets: 1-14 Report Titled: Stormwater Management Report Prepared for: Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way,Closure Calculations Prepared for: Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015 cc: Town Departments Applicant Engineer Abutters Assessor 8 NOTIFICATION TO ABUTTERS } tkl r RECEIVE r r LERrs Under the Massachusetts Wetlands Protection & JUL 15 AM 11: 54 The North Andover Wetlands Protection Bylaw TOWN OF NORTH ANDOVE > In accordance with the Massachusetts General Laws, Chapter 131, Section 40, astir. the North Andover Wetlands Protection Bylaw, (Chapter 178),you are hereby notified of the following: The name of the applicant is I V"t eSS t n k D e ve I o pmeirvf Crya The applicant has filed a N cfice of In+en+ with the North Andover s I (application) t Conservation Commission(NACC) for the purposes of 'w'0 r k w c+-/,i i i /00 6 u lam— 4 (project description) 04 bordeurlq ve.s(14,1 well cout,s cc/ itjefitnirli, 1,LAI arm/ ai'!F$td S7rre4 at 602 BoX d S1ree (site address) The North Andover Conservation Commission will hold a public hearing on t WEDNESDAY, ...I Ida 2,2- at 7:00 P.M. at the Town Hall, 120 Main (date) i Street,2' Floor Meeting Room,North Andover,MA 01845. Copies of the 0c)41 CLL may be examined or obtained for a fee from: (application) (check all boxes that apply): i ❑ Applicant at 13 Representative at e S/- 166 S ct rn mm S J Met U e, 4'r // .M9 01r3 2 ® Conservation Department, 1600 Osgood Street,North Andover,MA 01845 Monday t through Thursdays 8:00 a.m. to 4:30 p. m.Tuesday 8:00 a.m. to 6:00 p. m. Friday, 8:00 t a.m. to12:00 p.m. Please call the Conservation Department at 978.688.9530 beforehand t to verify arrangements. Copies may be available for a fee. i Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from the Conservation Department at 978.688.9530. f NOTE: Notice of the public hearing, including its date,time,and place will be published in the 1> Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing t' date. , NOTE: Notice of the public hearing,including its date,time,and place will be posted t in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to the public hearing date. t is t NOTE: You may also contact the Conservation Department or the Northeast Regional `' Department of Environmental Protection Office for more information about this application or the MA Wetlands Protection Act. To contact the Northeast Regional Department of Environmental Protection Office,call 978.694.3200. e :. 1 , $ORTM 9 O ��IED ,bE tiO f � lYEB Vt tf LK 13 iD ° 1015,1U� _ AMl0: 5. 4.19SSACHUSe AalL TOWN OF FORTH ANDOVER PLANNING DEPARTMENT HASSACHUSFcvv Community Development Division j i i I Special Permit— Planned Residential Development I I Please type or print clearly. 1. Petitioner: MESS I NA p cV�1•6 e M c KJ-r-- 1 Petitioner's Address:-2,77 vJASf4 /iJ6 Tr)n..) S7-, 6 le OUE74N1. / 11/14t 0/ 3 y Telephone number: GI 7E -" 37 - T5 F' 3 f 2.Owners of the Land: 6 0 g TO NI FPt M I L •/ TR U S7--- Address: 40 -10•1 cc f3,e,a USHAW p2q 001r;f=o2.0 STS iVO1277+ 47,1oDIJC=<_ Number of years of ownership: 5 I 3.Year lot was created: 11 lice I'. 4. Description of Proposed Project: W ELL t ni 6 77)nJ WOOD S P/20 SO 61) /V is / Dili t SIM6LE FAAn iL`/ 3t) tLup4c9- Lojs AlvU WL--7_L <KJ677) k/ 1 w '-I 5d6l (UiSib0 R.0A- i 1 5. Description of Premises: /S, /6 WOObe T V Pr-CA NT ( P K/) 1 6.Address of Property Being Affected: 6 02 (30 X Fo2D STS J01271-1 4m U d A_ k Zoning District: P- I Assessors Map: !05 C Lot#: Z Z R Pmcu n(Ai Laird t . Registry of Deeds: Book#: O 6 7 Page#: t./3 and PIS i* t 7,252_ 4r40 - r4 223 .2 73 r Page 4 1600 Osgood Street. North Andover,Bldg 20,Suite 2-36 Planning Dept.,Massachusetts 01845 1 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 9/28/10 i 1 I 1 I I 1 7. Existing Lot: Lot Area(Sq. Ft): I F , 6-6 Building Height: NA r 1 Street Frontage: Z 29'.D zi Side Setbacks: A Front Setback: NPt Rear Setback: A) A Floor Area Ratio: N A Lot Coverage: IU E1 t 8. Proposed Lot(if applicable): m i n i mum -ray eac-ti of 7 propose (Dfs Lot Area(Sq. Ft): 21,781) Mil Building Height: as tray t Street Frontage: /00/ rn 0 Side Setbacks: 2-0 r hi i n t Front Setback: 20 m'n Rear Setback: 20 m i n Floor Area Ratio: N tf Lot Coverage: IU /A t t 9. Required Lot(as required by Zoning Bylaw): I / Lot Area(Sq. Ft): 2-1,7 F 0 Building Height: 30 Street Frontage: I D O Side Setbacks: 20 Front Setback: 2-0 / Rear Setback: 2.0 / 1 t t Floor Area Ratio: >v IA Lot Coverage: A)1f) s 10. Existing Building(if applicable): /i o iJE 1 r Ground Floor(Sq. Ft.): N #of Floors: i Total Sq. Ft.: Height: t t Use: _ Type of Construction: t 11. Proposed Building: Ground Floor(Sq. Ft.): #of Floors: i Total Sq. Ft. ,`�OD S,� Height: 3S t Use: Res clen1-1-1'a.I Type of Construction: UJOOcI fya me. 1 Page 5 c 1600 Osgood Street, North Andover, Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 k'< Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn Edited 9!28,'10 i , 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? If so,when and for what type of construction? .\I U' 13.Section of Zoning Bylaw that Special Permit Is Being Requested y,5 c'nd (0. 3. / 14.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application.The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismiss I by the Planning Board of this application as incomplete. Petitioner's Signature:' "- ` S'S/14h d( Print or type name here: ROBE'■ j14 [ A./A- Owner's Signature: c)byez, a Jeg i fiti/.._ Print or type name here. JOYCE 13 O5i4A- 7-R .k:' 1= 1((,y 77,fL/5 7 15.Please list title of plans and documents you will be attaching to this application. c7LAIU be-p- JIT-AI E Pr2ll 5O8biV1. i 6V 57-DRYI WA-rF2. MAN R&PnIz W# TT ►J DO M L' JTA-Tt a K/ Er _. . r ^'1 CHRISTIANSEN & SERGI INC. tPROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 tel: 978-373-0310 www.csi-engr.com fax 978-372-3960 Special Permit for Planned Residential Development (PRD) for Wellington Woods In North Andover, Massachusetts Development Statement(Section 8.5.6.A of the Zoning Bylaws) Date: June 26, 2015 Petition: The applicant seeks approval from the Planning Board for the construction of a Planned Residential Development (PRD) consisting of 7 single-family residences, Wellington Way and approximately 11.87 acres of Open Space within the Residential 1 (R-1) Zoning District. Subject Property: 602 Boxford Street Assessors Map 105C Lot 22 Applicant: Messina Development Corp 277 Washington Street Groveland, MA 01834 Record Owner: Gorton Family Trust c/o Joyce Bradshaw 624 Boxford Street North Andover, MA 01845 Development Team: Philip G. Christiansen, Registered Professional Engineer, Michael J. Sergi, Professional Land Surveyor, Christiansen & Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Site Evaluation Statement: See attached Written Documentation for Special Permit. 4i Project Summary Table: Type of Units Single-Family Residence Number of Units 7 Floor Area (per house) 2,200 to 6,000 square feet Ground Coverage (per house) 1,000 to 5,200 square feet Total Project Area 17.9811 acres Proposed Open Space Area 11.872 Acres Percent Open Space 66% of total project area ` I Development Schedule: See attached Construction Sequence. The construction of the roadway to binder pavement is expected to take approximately four to six months to complete. House construction is expected to occur over a 2 to 4 year period. Usable Open Space Perpetual Restriction: A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town of North Andover shall be recorded with respect to the subject property. 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 established as part of the Definitive Subdivision approval. Development Plans: See attached Definitive P.R.D. Subdivision Plan k7, • Page 2 Gr CHRISTIANSEN & SERGI, INC PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 tel:978-373-0310 www.csi-engr.com fax 978-372-3960 WELLINGTON WOODS SPECIAL PERMIT PLANNED RESIDENTIAL DEVELOPMENT WRITEN DOCUMENTATION JUNE 26,2015 The Applicant, Messina Development Co. proposes a 7 lot Planned Residential Development for approximately 18 acres located at 602 Boxford Street, North Andover. Encouraging the most appropriate use of land The property is zoned for residential use by the Town of North Andover.The abutting properties have been developed for residential use.The proposed residential use complies with both the zoning and the adjacent residential use and is therefore the most appropriate use of the land. Preventing overcrowding of land By the application of the current zoning regulations there can be no more than eight building lots on the 17.9811 acres.That prevents overcrowding of land.Additionally the development of the property using the PRD rules provides for open space that can be enjoyed by the abutters to the property. Conserving the value of land and buildings The current assessed value of the land is slightly over one half million dollars.After development of seven single family homes the value of the property will be in excess of four and one half million dollars. The value of the undeveloped land will be conserved as open space which will be available to the citizens of North Andover to whom it is not now available. Lessening congestion of traffic The proposed subdivision will increase the use of the vacant land to seven lots.The development of these additional lots not be the cause of traffic congestion. Proper construction of the subdivision roadway entrance on to Boxford Street according to the subdivision standards will prevent any congestion at the intersection. Preventing undue concentration of population The current zoning of the land into two acre lots prevents the undue concentration of population.The current housing density in North Andover is approximately 0.6 housing units/acre.The proposed project would provide a housing density of 0.35 housing units/acre which is less than 40%of the current housing density in Town.Thus it is clear the project will not cause an undue concentration of population. Providing adequate light and air As can clearly be seen by reviewing the submitted subdivision plan each of the dwelling units will have adequate air and light Reducing the hazards from fire and other danger Development of the property will provide accessible and visible fire hydrants that can be used in the event of a house fire or a forest fire. { Assisting in the economical provision of transportation,water,sewera a scho public facilities g , ols, parks and other ( The developer will extend water service to the property. Each home will be served by a private septic system.Additionally the open space provided will be accessible to the public. Controlling the use of bodies of water,including water courses The project will not have any effect upon the control of the use of water bodies Reducing the probability of losses resulting from floods The proposed project will be constructed outside of the FEMA flood zone. Furthermore the project has designed to meet Stormwater Management Standards which ensures it will not increase flooding within the subdivision or on adjacent properties. Reserving and increasing the amenities of the town The 11.872 acres of open space will increase the amenities of the Town. Per Bylaw Section 10.31: -The specific site is an appropriate location for such a site,structure or condition, The site is appropriate for the proposed subdivision because it is in an area zoned for such use. It is also designed to meet the design requirements of the Subdivision Control regulations of North Andover which makes it an appropriate design for the site. -The use as developed will not adversely affect the neighborhood The use of the property as a subdivision will not adversely effect the neighborhood because the project is isolated from adjoining residential properties by wetlands, open space and non-residential property (former railroad property). Furthermore the three additional lots created by the subdivision will have a minimal impact upon the surrounding one hundred lots. -There will be no nuisance or serious hazard to vehicles or pedestrians The project has been designed to conform to Zoning and Planning Regulations and therefore does not present a nuisance or hazard to vehicles or pedestrians - Adequate and appropriate facilities will be provided for the proper operation of the proposed use. A roadway, water, electricity and cable will be provided to the subdivision and are part of the submitted design.These facilities are adequate and appropriate for the proper operation of the proposed use. -The proposed use is in harmony with the general purpose and intent of the Bylaw. The use is in harmony with the general purpose and intent of the bylaw as shown by the fact that it is in full compliance with the bylaw. p[p gg irc j:. „,,: I CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830 tel:978-373-0310 www.csi-engr.com fax 978-372-3960 I WETT NORTH ANDOVERLLINGTON ES, Am ASES S. CONSTRUCTION SEQUENCE Date: June 26, 2015 1. The locations of the sedimentation control will be staked out by a survey crew to insure proper locations. 2. The sedimentation control will be installed, and subsequently inspected by the Environmental Monitor and Conservation Agent prior to any construction. 3. The existing house and other buildings will be demolished. 4. The trees in the work area will be cut and removed from the site. , 5. The areas of the roadway, utilities, and infiltration basins will be grubbed. All loam within these areas is to be stockpiled in locations out of the immediate work area. All stockpile locations are to be located in areas of relatively flat slopes and at a minimum of 100' from all jurisdictional wetland resource areas. 6. The roadway entrance will be cut/filled to subgrade. The crushed stone construction entrance will be installed at the entrance to the project. The remainder of the roadway will be cut/filled to subgrade. 7. Infiltration basins will be rough graded. The roadway drainage swales will be rough graded. Check dams will be installed along the swales to allow the swales to serve as temporary sediment traps. 8. The underground utilities will be installed. This includes the water main and appurtenances, sewer system pipes and manholes, drainage system pipes and structures, gas pipes and appurtenances, and the conduit and appurtenances for the electric and other underground utilities. The areas disturbed for the utility lines that lie outside of the proposed roadway will be brought to finish grade, and be loamed and seeded immediately after installation. 9. The gravel base and binder pavement in the roadway will be installed. 10. Infiltration basins and the roadway drainage swales will be finish graded. Loaming and seeding shall take place immediately after final grading. The check dams shall be reinstalled and shall be maintained until all contributing upgradient areas are stabilized. 11. The construction of the houses will commence. As each house foundation is installed, the driveways will be cut/filled to subgrade and the yard areas around the houses will be rough graded. The underground utility services will be installed. 12. The roof runoff infiltration systems are to be installed. 13. As soon as it is no longer necessary to have construction access around a house, the gravel base for the driveway will be installed and the driveway will be paved. 14. The yard areas will be finish graded, loamed, and seeded. 15. After all of the foundations are installed and it is after the period when heavy equipment needs to drive over the pavement, the top course of pavement will be installed in the roadway. 16. The finish landscaping will be performed. 17. After the entire site is stabilized, and upon approval by the Conservation Agent, the sedimentation control will be removed. • Page 2 oft**: • r' orr o or ,.yr ...�. �o 201 S JUL - IL I 162 AM 10: ssAaws- M A Lid V PLANNING DEPARTMENT Community Development Division IL_ Form C - APPLICATION FOR DEFINITIVE SUBDIVISON APPROVAL Received;Town of North Andover Town Clerk(Date Stamp) Stamp three(3)forms with the Town Clerk. File one(1)copy with the Town Clerk and two(2)with the Planning Department. To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL,for approval of a proposed subdivision plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations.The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said Definitive plan by the Board: a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public Works,the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities with the utilities within the limits of ways and streets; b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices (I-VI)and Figures(1-27), and the approved Definitive plan, profiles and cross-sections of the same. Said plan, profiles, cross-sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agreements herein shall be binding upon all heirs, executors, administrators, successors,grantees of the whole or part of said land, and assigns of the undersigned;and c. To complete the aforesaid installations and construction within two(2)years from the date hereof. Page 3 of 5 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 9/27/2010 1.Name of Applicant: /VI&55 E!� Address: :2.77 ti LE i-lrrj6 fir. i CGt�oUZ,�, 1L /1/1 DiC.�`i� Signature of Applicant N.9 S i && 2.Name of Subdivision: ti ccL 7r!L cZ• :.'Jura,) S' 3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)]- lco1, L3oXGoiz-0 .S "vt- I ' �5 (4- •vbgP fi)_ c' 1.17 i 4.Address of Property Being Affected: U 4=3 64'.RrJ 57- Zoning District: r d- I Assessors:Map#: /6-5 Lot# 22_ 5.Deed Reference:Book 5 4`07 ,Page `1-3 and /`1223 .z 73 i-'/an 47;7,72— Certificate of Title No. 6.Name of Surveyor/Engineer: <L H/-?,15T7/-1-#..1s 5 -Is ": / 'A'',- Address: ,'l;D Si. t;��i— °r' t�<_ 4 L-l., Easements and Restrictions of Record(Describe and Include Deed References) 7.Preliminary Plan Submitted? 'I L `> ;Plan Approved?f ' ;Date: ' Signature of Owner(s): eizad Address: 1,,74 1:-54:MEC;/Li) 5-F71,6- t=.__._. NA.) `+. N ii Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official Receiving this Application: Pogo 40f5 1600 Osgood Street,North Andover,8'dg.20,Suite 2-36 Plaening Dept. tlossnthesetis 01845 Phone 978 688.9535 fax 978.688.954? Web =u.w r d_vs roril Edited 9127'2010 Written documentation in support of the application for a Definitive Subdivision known as Wellington Woods 5.1.5 Site Evaluation Statement Environmental and Community Impact Analysis (5.4) I.Project Scope: The intent of this project is a Planned Residential Subdivision for Map 105C, Lots 22 of seven(7) single family residential lots with municipal water and onsite septic. The total area of the land is 18.556 acres. Of this 11.88 acres - Parcels A and B as shown on the plans are to be left as open space The access will be from Boxford Street and will require the construction of a 725 feet cul-de-sac. All of the proposed homes will have driveways off of the proposed roadway. The lots will be serviced with Town water and onsite septic systems. The existing parcel is wooded and undeveloped. . A preliminary plan was approved by Planning at its June 2015 meeting. Section 5.4.4.1 Natural Environment a. Air&Noise Pollution - The only air and noise pollution generated from the project will be the temporary impacts associated with construction. We expect that this roadway will only take 2-3 months to construct. Work hours will be limited to lam to 5 pm weekdays. b. Water Pollution- The stormwater system design which incorporates an infiltration/detention pond, treatment swales and roof recharge infiltrators meets the Town and State requirements for treatment. The stormwater impacts offsite will be mitigated'by these structures. We have a decrease in stormwater runoff rates exiting the property and therefore no adverse impacts will occur downstream. This design will be reviewed by the Town Engineer to ensure compliance with Town codes. c. Land—This site consists 14 acres of uplands and the soils are suitable for construction. The elevation changes along the proposed roadway center line from El. 120 at Boxford Street to El. 150 at the center of the cul-de-sac. d. Plants &Wildlife—The North Andover Conservation issued an Order of Resource Delineation for this project on December 5, 2014. Although this site area is within the NHESP Priority Habitat maps, the NHESP has determined that the habitat of concern is not an issue. e. Water Supply—7 additional 4 bedroom homes using 440 gallons per day adds 3,080 gallons per day. This is a small amount of usage and the actual usage is typically less E 1 1 than the 110 gallons per bedroom. The water line on Boxford Street, extends to Brookview Drive. Water pressure should not be a concern. f. Sewage Disposal—This development will require 7 septic systems to be constructed. Deep hole test pits and percolation testing was completed in January for all proposed septic system locations serving the 7 lots and found to be suitable for placement of septic fields on each lot. Section 5.4.4.2 Man-Made Environment a. Existing Neighborhood Land Use—The existing neighborhoods on Boxford Street consists of old and new residential dwellings. b. Zoning—The entire site is within the Residential 1 zone. The proposed use is compatible with the zoning. Section 5.4.4.3—Public Services a.Schools - The impact to the school system will be minimal as the project is small. Not every house will have school age children at the same time The location is convenient to existing bus routes and the roadway is short enough for school children to walk to the end for pickup. Buses would also be able to drive down the roadway and turnaround if desired. b. Police—We do not anticipate the need for any above normal police presence because of this proposed project. c. Fire—We do not anticipate the need for any above normal fire department presence because of this project. We have equipped the roadway with a water main and hydrants. d. Recreation—Onsite recreation will be provided on each individual's lot as they deem necessary. Offsite recreation is available throughout the Town and Community and this project will not overburden the public facilities. e. Solid Waste Disposal—We expect the typical trash disposal of this project as every other subdivision house lots within Town. The collection of this material will be provided by the Town and paid for by the taxes collected. f. Traffic -The additional impact will be from the 7 additional homes that will be constructed from this proposed development. Boxford Street is a two lane collector roadway and is residentially developed with frontage lots and subdivisions. The addition of approximately 70 vehicle trips per day from this subdivision will have no adverse impact on Boxford Street. The sight distance from the proposed roadway is acceptable and larger subdivisions exist further to the southeast. g. Highway—The proposed traffic will not require any changes to the highway system. Future maintenance of Boxford Street will be required despite this development. We do not anticipate that the roadway will have to repaired sooner than expected because of this development. The construction vehicles will have to access Boxford Street 1! during the roadway construction. Typically a road bond is placed by the contractor and developer in order to address any repairs that are necessary prior to road acceptance. Section 5.4.4.4—Aesthetics a. Lighting—At this time, no lighting is proposed within the subdivision other than that provided by Homeowners on their houses and driveways. If the Town requires lighting, we can certainly address that concern. b. Landscaping— All landscaping will be dependent on Homeowner's preference. c. Visual—This property is currently wooded and no homes are proposed for the first 350' of the roadway. Therefore, no visual impacts, other than the new roadway will affect the view on Boxford Street. Section 5.4.4.5 Planning The proposed Planned Unit Development is compatible with the goals and objectives of the Town's Master Plan, providing 65% of the total project area to open space to be deeded to the Town. Section 5.4.4.6 Traffic Impacts. The applicant requests a waiver from the details requested in this section due to the small number of residential homes and their associated vehicle trip. Section 5.4.4.7 Cost Benefit Analysis The current assessed value of the land is slightly over one half million dollars. After development of seven single family homes the value of the property will be in excess of four and one half million dollars. Additionally. the value of the undeveloped land will be conserved as open space which will be available to the citizens of North Andover to whom it is not now available. Section 5.4.4.8 Cost Estimate As the project is developed, definitive cost estimates will be provided for subdivision street utilities. Costs for the erosion protection facilities are included within the Proposed Operation and maintenance portion of the Stormwater management report appended to this application, including estimates for inspection costs. Section 5.4.4.9 Soil Erosion and Sedimentation Control Plans Refer to the Subdivision Design sheet 11 of 14 for layout of Sedimentation Controls, installation methods and the Stormwater Management Report which included a detailed discussion of Operation and Maintenance programs for soil erosion control during construction and post construction. 5.1.6: Certified copy if deed/proof of ownership A copy of the deed filed at NERD Book 5407 Page 47 is attached at the end of this document. 5.1.7 List of names of abutters A copy of the list of abutters as provided by the North Andover Assessor's office is attached to the end of this document. 5.1.8 List of Waivers (M.G.L. CH 41 Sec. 81R) On behalf of our client, Messina Development Corp., we respectfully request a waiver of the following section of the Town of North Andover Subdivision Regulations be granted for the proposed Subdivision Wellington Woods at 602 Boxford Street: 1. Section 6.8.1 Table 1A. The minimum pavement width for a local residential street is 26 feet. 24 feet is proposed. 2. Section 6.9 Curbing. Granite curbing is required on all new streets. Granite curbing is proposed only at the beginning of the road. 3. Section 6.11 Sidewalks. Sidewalks are required on one side of the local streets. No sidewalk is proposed. 4. Section 6.18.1 Street Trees. Street trees are required to be located within the street right of way. Street trees are proposed outside of the right of way. 5. Section 6.21. Street Lighting. The Planning Board shall provide provisions for street lighting. No street lighting is proposed. 6. Section 5.2.5.2.4 Requires all benchmarks and elevations shown on the subdivision plans to be based on the National Geodetic vertical datum of 1929 (N.G.V.D.)The elevations shown on the plans reverence the N.A.V.D 1988 datum which is the datum used on the current FEMA maps for the Town of North Andover. 7. Section 6.12.1 requires that monuments (4 foot long, 6 inch square concrete or granite bounds)be installed at all street intersections, at all points of change in direction or at curvature of streets, at 2 property corners of all new lots, and at any other points where, in the opinion of the Board, permanent monuments are necessary. Granite monuments 1 3 • are proposed at all points of change in direction, at curvature of streets, and at front corners of space open s parcels only. Granite monuments are proposed to be 4 feet long p p p Y and 5 inches square per 6.12.3 . The 2 property corners of lots 1-7 are proposed to be 5/8" iron rods, 30 "+long. Waivers are requested for the following requirements of the Zoning Bylaw of the Town of North Andover. 1. Section 83.7 D Dimensional regulations,height limitation: This section specifies a building height limitation of 30 feet. A waiver is requested to allow a height on 35 feet. 2. Section 8.5.7 Dimensional Regulations, Buffer Zone: This section requires a 50 foot border from the parcel boundary running the full length of the perimeter of the parcel. A waiver is requested for Lots 4 and 5 to allow for septic systems to be constructed within the buffer. 3. Section 6.8.1 Street Design Standards Table 1A: requires that cul de sacs do not exceed 600 feet in length. A waiver is requested for Wellington Way to be 724.87 feet. 5.1.9 Construction Schedule Start of Construction: Fall, 2015 Completion of Construction: Fall 2018. Actual dates may vary based on contractor, market conditions and housing market demands. 5.1.10 Type of Performance Guarantee The type of Performance Guarantee will be a tri=partite agreement or letter of credit. 5.1.11 Quitclaim Deed to streets subject to acceptance: and to open space areas subject to Town Purchase This seems like it would be a suitable condition of approval. We will provide the legal deed to the street at a later date. • $ U I% 540? FAG 47 4 W 4 0 William Gorton, ▪ .N .• o of North Andover, Essex County, Massachusetts cnz .c . in consideration of less than One Hundred Dollars ($100 . 00) • • xgrants to Joyce Anne Bradshaw, Trustee of the Gorton Family Trust �r m• V under Declaration of Trust dated APri t Z0, lIR9 to be recorded herewith at North District Essex Registry of Deeds ain r of 624 Boxford Street, North Andover, Massachusetts, 01845 co � 0 01 with quitclaim covenants IQ a 0 PARCEL I itZ H n. GO That certain parcel of land, with any buildings thereon, 3 " situated on the northerly side of Boxford Street, North Andover, 4w Massachusetts, being shown as Lot 3A on a plan of land entitled 1.4 "Plan of Land, Boxford Street, North Andover, MA, prepared for w William Gorton" which plan is recorded at North District Essex Registry of Deeds as Plan No. 13352 . Said parcel is more particularly bounded and described as follows: a Southerly, b y Boxford Street, 229 .04 feet; APR 22'93Nw'9:3O Westerly, by land now or formerly of Hopping, 168 . 04 feet; Southerly, again by said land of Hopping, in courses of 178.90 feet; 99.65 feet; 109.97 feet; 58 .40 feet and 107. 78 feet; Westerly by land now or formerly of Donovan, 259 .68 feet; x a Southerly, Southwesterly and Westerly, again by said land of c Donovan, in courses of 69.07 feet; 13 .28 feet; 10.91 feet; all 16 .67 feet; 41 .59 feet; 61.00 feet; 20.19 feet; 20 .53 feet, B" and 250 .00 feet; Oct Northwesterly by land of various owners in three courses, o 380.00 feet; 377 .56 feet; and 198 .02 feet; Northeasterly by land now or formerly of Brookview Country Homes, 1016 . 62 feet; Southeasterly by Lot 2A on said plan, 372 .49 feet; Easterly, again by said Lot 2A, 262 .64 feet. Be all measurements more or less and all as shown on said Plan 13352 . Said parcel contains 22 .19 acres . BK 5407 PG 48 PARCEL II - certain parcel of land with all the buildings thereon, on the northerly side of Boxford Street, North Andover, Massachusetts, shown as Lot 4 on plan of land entitled "Plan of Land in North Andover, Mass, surveyed for William & Anne Gorton", which plan is recorded at North District Essex Registry of Deeds as Plan No. 6386. Said Lot 4 is more particularly bounded and described as follows : , Southerly by Boxford Street, 200 .00 feet; Westerly by Lot 2 on said Plan, 478 .91 feet; Northeasterly by land now or formerly of Giragosian, 235 .51 feet; and Easterly by Lot 5 on said Plan, 331 .95 feet . Containing 80, 600 square feet of land, according to said Plan. For title see deed of the Town of North Andover, dated July 1, 1947, recorded at said Registry of Deeds, Book 699, Page 360. See also Land Court Case No 36814 and Decree of Confirmation of Title recorded in said Registry of Deeds, Book 1217, Page 478. Executed as a sealed instrument thig 20th day of April , 1999 . W = c-�.2r )61.2'elk147:1-44)? COMMONWEALTH OF MASSACHUSETTS Essex, ss Andover, April 20, 1999 Then personally appeared the above named William Gorton and acknowledged the foregoing instrument to be his free act and deed, Before me,, %.•_ .��j-� • ��se t� S. rom 1 y ary Public P 1 • .4 , comm. expires : Aug. 17, 2001 r 3 Abutter to Abutter( ) Building Dept. (X ) Conservation (X ) Zoning ( X ) 1 4 a TOWN of NORTH ANDOVER ABUTTER LIST i REQUIREMENT; MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning g board of the city or town,and the planning board of every abutting city or town." Subiect Proverty: MAP PARCEL Name Address 105.0 22 Gorton Family Trust 802 Boxford Street North Andover,MA 01845 105.0 3 Charlotte Hopping 582 Boxford Street,North Andover,MA 01845 Abutters Properties MHQ Parcel Name Address 104.B 19 Seon Tae Jeong 50 Duncan Drive, North Andover,MA 01845 104.8 56 Karen Mello 40 Duncan Drive, North Andover,MA 01845 104.B 139 Blake Adams 1634 Salem Street, North Andover,MA 01845 104.8 171 Paul Schmitt 28 Duncan Drive, North Andover,MA 01845 104.B 174 Gary Weman 88 Duncan Drive, North Andover,MA 01845 104.B 182 Richard Smith 167 Duncan Drive, North Andover,MA 01845 104.8 183 Michael Scanlon 155 Duncan Drive, North Andover,MA 01845 104.B 184 Scott Durgin 143 Duncan Drive, North Andover,MA 01845 104.8 185 Daniel Bums 131 Duncan Drive, North Andover,MA 01845 104.8 186 Michael Bova 119 Duncan Drive, North Andover,MA 01845 • 104.6 187 Raffaele D'Attorree 101 Duncan Drive, North Andover,MA 01845 104.B 188 Edward Mcgetrick 89 Duncan Drive, North Andover,MA 01845 104.B 189 Paul Rabbitt 75 Duncan Drive, North Andover,MA 01845 105.A 4 Town of North Andover 120 Main Street, North Andover,MA 01845 105.A 32 Erik Faulkner 70 Brookview Drive, North Andover,MA 01845 105.A 33 Angelo Evangelista 50 Brookview Drive, North Andover,MA 01845 105.0 4 Charles Brogan,III 585 Boxford, North Andover,MA 01845 105.0 6 Walter Wilson 595 Boxford, North Andover,MA 01845 105.0 7 Christina Heacock 815 Boxfotd, North Andover,MA 01845 105.0 9 Harry Thomas 501 Boxford, North Andover,MA 01845 105.0 23 Gorton Family Trust 624 Boxford, North Andover,MA 01845 105.0 25 Lauren Cramer 537 Boxford, North Andover,MA 01845 105.0 26 Alexandre Klimenko 545 Boxford, North Andover,MA 01845 105.0 27 Sang Gon Kim 557 Boxford, North Andover,MA 01845 105.0 28 Town of North Andover 120 Main Street, North Andover,MA 01845 105.0 40 R.Joseph Garon 7 Duncan Drive, North Andover,MA 01845 105.0 41 Michale Donovan 12 Johnson Street, North Andover,MA 01845 105.0 42 Thomas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 105.0 43 Cornelius Donovan 12 Trolley Car Lane.Londonderry,NH 03053 105.0 79 Bryan Hanssen 594 Boxford, North Andover,MA 01845 105.0 80 Michelle Pouliot 525 Boxford, North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors--'Office as of ye ; .;"Date //-3- 7 Certified by: .,�.o F i*r.covED Print Form � r,o'rti y 4 5 X415 MR 5 PM t' (.1...:,.,Ron., ii, , � , , n ,140TH ANDOVER ;, ,... MASSACHUSETTS S g•� � 91CHus E PLANNING DEPARTMENT Community Development Division I Form A — Application for APPROVAL NOT REQUIRED 1 t k i DATE: 3-- ' -3 f Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. , The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: MESS i n h be V EL.D P M E ti i ca. Address: ;.t 77 WASHI 6Tn\-1 .5T, 6RulEZAiJD , M') 6/8'3T 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: ML/' IOS C - cO-t- 2 7 — hour c,e-s Cu,# et 4151-f Frt�7L eon fdxfn d S-fret' 700E la—1 5-V 477 1` 7 3. Deed Reference: Book I`f 14b , Page 2 4 or Certificate of Title: 4. Name of Surveyor. M it/V.4-1 .J S r✓7 (h✓'1S 1�7v.1Y�'''e'il r- o ,/1 , Address: /(O Su r.(rie_ d 1-1 A-v24.11)/i A49- tc/s3ci Signature of Owner s): 4_. /, A - ;.A - Address: ,. 0 , iir A . : ,:. F ,I _ , ' Page 1 of 2 1600 Osgood Street,North Andover,Bldg 20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978 698 9535 Fax 973 633.9542 Web 4,t v to No9'no.ttin,,,djvxr_cc— Edited8'1;07 — ------_- ---- z { Please indicate the grounds(either A,B, C or D,not a combination)on which you believe your plan not to be a subdivision. f A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. ❑B. Each Lot has been clearly marked on the plan to be either a)joined to and made part of an adjacent lot,or b)labeled Not A Building LotTM. ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: { 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1500 Osgood Street,North Andover,BIdg.20,Suite 2 35 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web x.v townofn,ithoa'aver m_!n Edited 8 1,07 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands MassDEP File#:242-1655 eDEP Transaction#:767311 WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ■ A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. F OOC b.l— Amended OOC 3.Applicant Details a.First Name ROBERT b.Last Name MESSINA c.Organization MESSINA DEVELOPMENT CO.INC. d.Mailing Address 277 WASHINGTON STREET e.City/Town GROVELAND f.State MA g.Zip Code 01834 4.Property Owner a.First Name b.Last Name c.Organization GORTON FAMILY TRUST d.Mailing Address 602 BOXFORD STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address BOXFORD STREET b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 105C e.Parcel/Lot# 22 f.Latitude 42.66793N g.Longitude 71.04636W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 5407 47 7.Dates a.Date NOI Filed: 7/13/2015 b.Date Public Hearing Closed: 8/26/2015 c.Date Of Issuance: 9/10/2015 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: DEFINITIVE PRD PLAN FOR CHRISTIANSEN& PHILIP G.CHRISTIANSEN, WELLINGTON SERGI,INC. P.E. August 10,2015 1"=40' WOODS(SHEETS 4-14) Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: au Resource Protection Wetlands MassDEP File#:242-1655 Bureau WP Form of 5 Oder of Coditions etlan eDEP Transaction#:767311 ` City/Town:NORTH ANDOVER t Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 1 rt e.dy dredged f.dy dredged 7.E Bordering Land Subject to Flooding a square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding is a square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f cubic feet 9.r Riverfront Area a total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.E Coastal Beaches a square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.dy nourishment 15.E Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.E Salt Marshes ;'. a square feet b.square feet c.square feet d.square feet 18.E Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.dy dredged Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1655 WPA Form 5- Order of Conditions eDEP Transaction#:767311 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"242-1655" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)I— subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10*ELECTRONIC COPY I f s UMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1655 WPA Form 5- Order of Conditions eDEP Transaction#:767311 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED l': Page 7 of 10*ELECTRONIC COPY IikMassachusetts Department of Environmental Protection Provided by MassDEP: i\N`,,,, --- Bureau of Resource Protection-Wetlands MassDEP File#:242-1655 �, WPA Form 5 - Order of Conditions eDEP Transaction#:767311 i` Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified / '/a—/—.J pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: # at . ... ,.. , , by and cl, very on y certified mail,return receipt requested,on qb d i i(5-- ' Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY i DEP FILE #242-1655 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: construction of a roadway entrance off of Boxford Street with approximately 3,900 s.f. of work within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and Ephemeral Pool/Ephemeral Pool Habitat. Associated stormwater management, site work and grading is also proposed. Six single family homes are proposed outside of Conservation Commission jurisdiction. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: Robert Messina Messina Development Co. Inc. 277 Washington Street Groveland, MA 01834 Property Owner: Gorton Family Trust 602 Boxford Street North Andover, MA 01845 Representative: Philip Christiansen Christiansen&Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Record Site Plans prepared by: Christiansen&Sergi, Inc. Titled: Definitive PRD Plan for Wellington Woods in North Andover, Mass. Dated: June 12, 2015 Revised: 8/10/15 Sheets 4-14 Signed and Stamped by Philip G. Christiansen, P.E. Record Documents: WPA Form 3 - Notice of Intent Submitted July 10, 2015 242-1655,Boxford Street-Wellington Woods OOC Spec Condl NACC 9/10/2015 S:- 1 DEP FILE#242-1655 Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Ephemeral Pool/Ephemeral Pool Habitat. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The delineation of the wetland resource areas was approved under an Order of Resource Area Delineation (ORAD), DEP File #242-1640. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a fifty foot (50') No-Disturbance Zone and a seventy-five foot (75') No-Construction Zone shall be established from the edge of the adjacent BVW containing Ephemeral Pools/Ephemeral Pool Habitat (twenty 242-1655,Boxford Street-Wellington Woods OOC Spec Cond3 NACC 9/10/2015 DEP FILE #242-1655 40. Any other changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a dated and detailed sequence of construction, including the installation of erosion controls, site clearing, grading and construction through final paving and stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. Staked hay bales or silt sock backed by trenched siltation fence approved by the Conservation Department shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 242-1655,Boxford Street-Wellington Woods OOC Spec Cond5 NACC 9/10/2015 DEP FILE #242-1655 49. Prior to construction the applicant shall mark the "50' No-Disturbance Zone" on all delineated wetlands abutting the development with signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). Markers may be mounted to existing vegetation. These markers will designate the sensitivity of the resource area and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round and$3 square). 50. Prior to construction or when seasonally appropriate and prior to requesting a Certificate of Compliance, all Ephemeral Pools on site shall be evaluated for certification as Vernal Pools under the criteria established by the Natural Heritage and Endangered Species Program. Those found to meet the criteria shall be certified with NHESP. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the erosion control monitor, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 242-1655,Boxford Street-Wellington Woods OOC Spec Cond7 NACC 9/10/2015 DEP FILE #242-1655 59. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 60. The applicants, homeowners, and their successors and assignees, shall maintain all drainage structures, including bioretention areas,rain gardens, infiltration basins, grassed swales, drainage channels and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. SUBDIVISION LOT DEVELOPMENT I 61. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. If any clearing, grading or other activity is proposed within jurisdiction of the NACC on any lot, a new filing with the NACC will be required. DURING CONSTRUCTION 62. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 63. Dewatering activities are not anticipated or approved. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw (including the Buffer Zone). If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 64. A crushed stone construction entrance will be established as detailed on Sheet 12 of 14 of the herein referenced plans. This entrance shall be refreshed as needed until pavement is established. 65. Once catch basins are installed, they shall be protected with silt sacks until all areas of the development are permanently stabilized. 66. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, 242-1655,Boxford Street-Wellington Woods OOC Spec Cond9 NACC 9/10/2015 DEP FILE #242-1655 74. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 75. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen (< 5%), and phosphorous free and shall not be used within 50 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall survive the issuance of a Certificate of Compliance. 76. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall survive the issuance of a Certificate of Compliance. 77. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 78. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 79. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: 242-1655,Boxford Street-Wellington Woods OOC Spec Cond11 NACC 9/10/2015 DEP FILE #242-1655 ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #76); ➢ The attached "Stormwater O&M Plan", including Best Management Practice Maintenance. No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report. 242-1655,Boxford Street-Wellington Woods OOC Spec Cond13 NACC 9/10/2015 Wellington Woods Wellington Way,North Andover Mass. Pollution Prevention and Operations and Maintenance Plan-Post Construction Phase Date: June 26, 2015,Rev 8/10/15 OWNERSHIP AND RESPONSIBILITY 1.1 Stormwater Management System Owners: The owners of the land (Messina Development, and any successors) on which the stormwater management systems are located shall be the owners of the systems. If and when the Town of North Andover accepts the roadway,utilities, and open space parcel, the town shall own the stormwater management system components that lie within the roadway right-of-way and drainage easements. 1.2 Parties Responsible for Operation and Maintenance: If and when the Town of North Andover accepts the roadway and utilities, the town or a Home Owners Association will be responsible for the operation and maintenance of the stormwater management system components that lie within the roadway right-of-way and drainage easements STORMWATER MANAGEMENT CONTROLS The purpose of this section is to identify the types of best management practices (BMPs) 1.3 Permanent Erosion Control Practices A list of best management practices (BMPs) is included as Table 1; a number of the BMPs listed have been developed to serve as post-construction storm water controls. Refer to Attached Figure for locations of BMP's to be maintained Table 1 BEST MANAGEMENT PRACTICE MAINTENANCE BEST DRAINAGE TYPE/ MAINTENANCE MANAGEMENT AREAS RESPONSIB PRACTICE -ILITY Drains roadway-3P Detention/ ' &6P Permanent/ Inspect two times per year.Mow if required.In late fall and Infiltration Pond ' Drains cul-de sac HOA spring.Remove leaves and sediment iP Infiltration Basin LOT 3 Permanent/ Inspect two times per year.Mow if required. In late fall and Hone Owner spring.Remove leaves and sediment Catch Basin with Roadway Permanent/ Inspect monthly first year and as indicated in section 3.1.2 SNOUT TNA 1 Wellington Woods Wellington Way,North Andover Mass. Pollution Prevention and Operations and Maintenance Plan-Post Construction Phase Date: June 26,2015,Rev 8/10/15 3.1.2 Catch basins with SNOUT Maintenance Recommendations: - Monthly monitoring for the first year of a new installation after the site has been stabilized. - Measurements should be taken after each rain event of.5 inches or more, or monthly, as determined by local weather conditions. - Checking sediment depth and noting the surface pollutants in the structure will be helpful in planning maintenance. - The pollutants collected in SNOUT equipped structures will consist of floatable debris and oils on the surface of the captured water, and grit and sediment on the bottom of the structure. - It is best to schedule maintenance based on the solids collected in the sump. - Optimally, the structure should be cleaned when the sump is half full (e.g. when 2 feet of material collects in a 4 foot sump, clean it out). - Structures should also be cleaned if a spill or other incident causes a larger than normal accumulation of pollutants in a structure. - Maintenance is best done with a vacuum truck. - All collected wastes must be handled and disposed of according to local environmental requirements. - To maintain the SNOUT hoods themselves, an annual inspection of the anti-siphon vent and access hatch are recommended. A simple flushing of the vent, or a gentle rodding with a flexible wire are all that's typically needed to maintain the anti-siphon properties. Opening and closing the access hatch once a year ensures a lifetime of trouble-free service. 3.1.3 Detention/Infiltration Area -Remove sediment twice per year. -After construction, the Infiltration/Detention Area shall be inspected annually, in the spring, for the failure or erosion of sideslope embankments, and for accumulated sediment.Necessary sediment removal, earth repair, and/or reseeding will be performed immediately upon identification. Disposal of the accumulated sediment must be in accordance with applicable local, state, and federal guidelines and regulations. 3.1.4 Snow Removal and Storage Snow will be plowed from roadway onto shoulder and the swales Snow from the driveways shall be plowedinto swales and onto the lots. All snow from impervious surfaces shall be plowed to adjacent vegetated pervious surfaces to melt and recharge into the 3 Wellington Woods Wellington Way,North Andover Mass. Pollution Prevention and Operations and Maintenance Plan- Post Construction Phase Date: June 26, 2015,Rev 8/10/15 4.0 ILLICIT DISCHARGES Recording of this Instrument constitutes agreement by the Owner and Operator of the facility that no stormwater discharges other than those outlined on this plan are allowed for this site. 5 NORTH �2► �p c ,, - Sc 4 HUS' ?0/Vy✓ {-J �k.• COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Sep, �9 Building Conservation Health Planning Zoning 4,y Any appeal shall be filed 0 within(20)days after the date of filing this notice in the office of the Town Clerk. NOTICE OF DECISION Special Permit-Planned Residential Development 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 Referring to the above petition for Approval of a Special Permit for a Planned Residential Development according to the requirements of the North Andover Subdivision Rules&Regulations, so as to construct a seven(7)lot subdivision, including the construction of a roadway with a cul-de-sac,the installation of stormwater management infrastructure,the installation of underground utilities,septic systems, connections to town water service, site grading and an Open Space designation of 11.87 acres located in the R-1 zoning district. After a public hearing given on the above dates,and upon a motion by D.Kellogg and seconded by L. Rudnicki to APPROVE the Application for a Special Permit for a Planned Residential Development (PRD), as amended,and upon circulation to the Planning Board for final review prior to signing,and based upon the following conditions. A vote of 5-0 was made in favor of the application. � / On i f alf of the North dover Plannin g Board I John Simons, Chairman David Kellogg Peter Boynton Lora McSherry Lynne Rudnicki This is to certify that twenty(20)days ATTEST: have elapsed from date of decision,filet without filing of an appeal. A`True Copy Date'Ffi,Bst- .),20/ C7-6441.1.44. Joyce A.Bradshaw Town Clerk Town Clark 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 Sec. 9. The public hearing was opened on July 20, 2015 and closed on September 1,2015.The area affected is in the Residence 1 Zoning District. FINDINGS The Planning Board makes the following findings as required by the Zoning Bylaw Sections 10.3 & 10.31 1. The specific site is an appropriate location for a Planned Residential Development as the 18.0 acre property would yield seven(7) single family homes with a conventional subdivision design, ranging in size from 87,120 sq. ft.to 182,290 sq. ft vs.the seven new lots ranging in size from 21,780 sq. ft. to 55,078 sq. ft. with the PRD design. This PRD Plan minimizes the amount of disturbance on the existing slopes,vegetation,wetlands, and abutting properties by taking advantage of the reduced lot size. Also, this layout preserves in excess of eleven (11) acres of the property through a perpetual open space restriction and provides protection for critical habitat for a Nationally Endangered Species of Blanding Turtles. The proposed plan conforms to the Rules and Regulations Governing the Subdivision of Land of the Town of North Andover and the North Andover Bylaw with the exception of a waivers from Section 6.8.1 Table 1A, 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 located where sidewalks would connect and street trees would be located. The small size of the PRD with only 7 homes, cul-de-sac street and low impact design allows for a reduced road width with less impervious surface. Stock size for granite monuments are 4 feet by 5 inches and will have no material impact on their design. 2. The use as developed will not adversely affect the neighborhood as this site is located in a residential area and there are approximately eleven (11) acres of Usable Open Space. The character of the project will reflect the rural aesthetics presently defined by the surrounding Brookview Lane and Duncan Drive neighborhoods.. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal has been reviewed by the Town's consulting engineer and demonstrates that the development of seven (7) new homes will have a negligible impact on the present traffic volumes associated with Boxford Street. 4. The proposed subdivision layout provides more than the required Open Space as stated in the Town of North Andover Bylaw. The minimum Open Space required is 6.3 acres and the proposed project provides 11.9 acres. The minimum upland Open Space required is 4.7 acres and the upland Open Space provided is 7.6 acres. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Each home will be connected to municipal water services. Each home will have its own septic system installed,subject to review and approval of the North Andover Board of Health. 2 602 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 will: 6. Promote a more efficient use of the land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this,and facilitates the economical and efficient provision of utilities; 7. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other natural resources due to the preservation of open space, and the project design minimizes and protects such natural resources; 8. Encourage preservation of open space. The applicant has provided approximately 11.8 acres of the property as Useable Open Space; 9. Permit greater flexibility and more attractive and efficient design of residential development. The subdivision design both proposes and allows preservation of the existing rural character around Boxford 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 fmds 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 fmds 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 t` requirements and grants a Special Permit subject to the following conditions: 13. In consultation with the Town Planner,the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 3 602 Box:ford Street Wellington Woods PRD Special Permit 14. It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning Board 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 Definitive Subdivision Notice of Decision dated September 1,2015,"Prior To Endorsement Of The Plan". 16. With the exception of the catch-basins located within the Right-of-Way (ROW) of the new 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 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 Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered professional engineer, p` certifying that the trees have been cut in accordance with the approved plans. 20. Prior to releasing individual lots from the statutory covenants, the Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. 21. After the conveyance of each residential lot, the applicant must provide the Planning Department with a copy of each deed evidencing the following language: "As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated , the Buyer of Lot within the Wellington Woods subdivision acknowledges that the Open Space Parcels, or easements, shown on the plans, which have been or will be conveyed to an appropriate homeowners association,conservation organization, agricultural trust or the Town of North Andover through its Conservation Commission, as determined by the Planning Board, for conservation, agricultural and/or recreational purposes, shall provide the Town with the right, but shall not impose any obligation on the Town, to maintain the Open Space parcels in any particular state or condition,notwithstanding the Town's acceptance of such Open Space parcels". 22. Prior to verification of a Certificate of Occupancy. The applicant must submit a letter 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 kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no-cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 24. This special permit approval shall be deemed to have lapsed on September 1, 2017 (two years from the approval date), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period or for good cause as 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 5 602 Boxford Street Wellington Woods PRD Special Permit hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the fmal authority on determination of significance of proposed plan changes. 28. The Board fmds that the PRD meets the following Development Standards: a) Parcel Size—The parcel size is 17.98 acres and exceeds the minimum requirement. b) Allowable Use—The single family homes are allowed uses for a PRD. The overall composition of lot sizes varies within the subdivision. A minimum of 100' frontage =! has been met for all lots and the sizes range from 21,780 sq.ft.to 55,078 sq.ft. c) Dimensional Regulations(Subdivision)—The PRD proposal meets the dimensional regulations for a subdivision with the exception of the requests one(1)waiver: A waiver of Sec. 8.5.7.d is requested to allow for the location of two septic systems on Lots 4 & 5 within the 50' no buffer zone. The buffer will remain open without pavement or roadways and in a visibly natural state. d) Parking—Each house lot has suitable parking for residents and visitors. e) Usable Open Space—The open space calculations are met and exceeded. The total project area is 17.9 acres. The required minimum open space is 35%or 6.29 acres. The project provides 66%open space or 11.8 acres(4.2 wetlands and 7.6upland). f) The usable open space is contiguous. Only Parcel A is separated by the roadway or an associated amenity which does not preclude Parcel A from being contiguous to Parcel B under Section 8.5.7.F.2.d. Parcel A is located at the entrance to the subdivision. g) Stormwater management systems (two ponds) are located within the usable open space (Parcel B). Their location and function do not detract from the overall calculation of the open space for the project. h) Density Bonuses—There are no density bonuses associated with this development. 29. The following information shall be deemed part of the decision: Plan titled: Defmitive P.R.D. Subdivision Plan of Wellington Woods Prepared for: Messina Development Co. Inc. 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: June 23,2015,Revised Aug 10,2015 Sheets: 1-14 Report: Stormwater Management Report Prepared for: Messina Development Co. Inc. 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way Closure Calculations Prepared for: Messina Development Co.Inc. 6 602 Boxford Street Wellington Woods PRD Special Permit 277 Washington St. Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street 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 Clerk. cc: Town Departments Applicant Engineer Abutters Assessor File 7 • HJS,t COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning NOTICE OF DECISION ,� � �F � Definitive Subdivision Plan X01.ar : Any appeal shall be filed ��,` ,'' may ✓ within(20)days after the date of filing this notice in the office of the Town Clerk. 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 Street Groveland,MA 01834 Premises Affected: 602 Boxford St.(Map 105C,Lot 22) North Andover,Ma Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure,the installation of underground utilities,septic systems,connections to town water,site grading and the designation of 11.9 acres of Open Space in the R-1 Zoning District. After a public hearing given on the above dates, and upon a motion by Lora McSherry and seconded by Lynne Rudnicki to APPROVE the Application for a Definitive Subdivision Plan, as amended and upon circulation to the Planning Board for final review prior to signing, and based upon the following conditions. A vote of 5-0 was made in favor of the application. On be f of the North A nt over Plannin g Board John Simons,Chairman Lora McSherry David Kellogg This is to certify that twenty(20)days s.P Lynne Rudnicki have elapsed from date of decision,filed without filing of ati appeal. Peter Boynton Date PTY:PdtrL—t0,,t015- Joyce A.Bradshaw ATTEST: Town Clerk A True Copy Town Clerk 602 Boxford Street Wellington Woods Definitive Subdivision Plan The Town of North Andover Planning Board herein APPROVES the Application for a Definitive Subdivision Plan, known as Wellington Woods, to construct a seven (7) lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connections to town water, site grading and the designation of 11.9 acres of Open Space in the R-1 Zoning District,Map 105C Lot 22.Messina Development Corporation, 277 Washington Street, Groveland MA 01834 submitted a complete application on July 1, 2015. The application was noticed and reviewed in accordance with procedures for approval described in the Town of North Andover Zoning Bylaws Sections 8.5, 10.3 and 10.31 along with the MGL c.40 Sec.9 and in accordance with the North Andover Subdivision Rules and Regulations Sec. 4. The public hearing on the above reference application was opened on July 20, 2015 and closed by the North Andover Planning Board on September 1,2015. The Planning Board makes the following fmdings as required by section 5.6 of the North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS In accordance with Section 5.6 of the North Andover Rules and Regulations governing the Subdivision of Land,the Planning Board makes the following findings: 1. The Definitive Plan, dated June 23,2015, and last revised Aug. 10,2015,are both substantially complete and technically adequate, except as amended herein. 2. The "Lotting Sheet" (Sheets 2 and 3 of 14)" for the Definitive Subdivision Plan last dated June 23, 2015 shows a lot layout that depicts the creation of seven (7) lots, all of which have frontage on a new cul-de-sac. The Applicant has also applied for a Special Permit for a Planned Residential Development(PRD)thus conforming to all applicable zoning requirements. 3. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of a cul-de-sac is in keeping with the character of the neighborhood. This design was reviewed and approved for safety access by the North Andover Fire Department. 4. The Planning Board has also found that the layout of the subdivision conforms to the topographical features of the surrounding area, and thus has less impact on the environment and surrounding neighborhoods. 5. The proposed roadway layout provides for adequate access to the seven (7) new lots on a new cul-de-sac that will be safe and convenient for travel. 6. The roadway layout and stormwater management systems as depicted in Sheet 5 of 14 dated August 10, 2015 (Overall Development Plan) have been found to provide a design that is compatible with the surrounding neighborhood, in that it provides for adequate drainage and stormwater management. 7. The installation of Low Impact Development (LID) stormwater structures along the proposed roadway and on the individual lots has been shown to be effective in mitigating and treating stormwater. The Planning Board finds that these structures have been designed using best management practices and will effectively mitigate any increase in stormwater runoff as a result of the creation of the subdivision. 8. All Plans and related submissions were reviewed by the Town's outside consultants and were found to be in conformance with the Town of North Andover's Rules and Regulations Governing the Subdivision of Land. 9. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. 10. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. 2 602 Boxford Street Wellington Woods Definitive Subdivision Plan 11. The Defmitive Plan secures adequate provisions for water, sewerage treatment via septic systems, drainage, underground utility services, fire, police and other similar municipal equipment, and other requirements where necessary in a subdivision. 12. The Definitive Plan has been reviewed by the Department of Public Works, Health Department, and the Fire Department and has been found to be acceptable. 13. The Definitive Plan conforms to the design and construction standards described in the Subdivision Rules and Regulations,with the exceptions of waivers granted in Condition 15. Upon reaching the above fmdings,the Planning Board approves this Defmitive PRD Subdivision based upon the following CONDITIONS: 14. Permit Definitions: a) The"Locus"or"Site"refers to the 17.98 acre site with land fronting on Boxford Street as shown on Assessors Map 105C, Lot 22, and also known as 602 Boxford Street, North Andover,Massachusetts. b) The "Plans"refer to the plans prepared by Christiansen & Sergi, Inc. entitled"Definitive PRD Subdivision of Wellington Woods", dated June 23, 2015, as most recently revised on August 10, 2015, consisting of Sheets 1-14, along with an associated Stormwater Management Report dated June 26,2015 revised Aug. 10,2015,and a Perimeter,Lot,Right of Way Closure Calculations report dated June 26,2015. c) The "Project" refers to the construction of a seven (7) lot subdivision for single family homes, construction of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of underground utilities, septic systems, connection to town water service,site grading and an Open Space designation of 11.87 acres located within the R-1 zoning district. d) The "Applicant" refers to Messina Development, 277 Washington St. Groveland, MA 01834,the applicant for the Special Permit, its successors and assigns. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 15. WAIVERS: The roadway, utilities and stormwater management systems will be constructed according to the Plans, with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land and the Town of North Andover Zoning Bylaw. These waivers are hereby granted in consideration of the fact that the design of the roadway was changed from that of a conventional subdivision road to the less intrusive roadway design as presented on the approved Definitive PRD Subdivision Plan: a) Sec. 6.7.1 Table 1A—The minimum pavement width for a local residential street is 26 feet. A width of 24' is proposed. b) Sec. 6.8.1 Street Design Standards Table 1A — This section requires that a cul-de-sac does not exceed 600' in length. A waiver is requested for Wellington Way to extend to approximately 725'. c) Sec. 6.9 Curbing — Granite curbing is required on all new streets. Granite curbing is proposed only at the beginning of the road. d) Sec. 6.11 Sidewalks— Sidewalks are required on one side of local streets. No sidewalk is proposed. e) Sec. 6.18.1 Street Trees — Street trees are required to be located within the street right of way. Street trees are proposed outside of the right of way. f) Sec. 6.21 Street Lighting—The Planning Board shall provide provisions for street lighting. No street lighting is proposed. 3 fi 602 Boxford Street Wellington Woods Defmitive Subdivision Plan g) Sec. 5.2.2.2.4—Benchmarks&Elevations are required to be shown on the subdivision plans to be based on the National Geodetic Vertial Datum of 1929(NGVD). The elevations shown on the plans reference the NAVD 1988 Datum which is the datum used on the current FEMA Maps for the Town of North Andover. h) Sec. 6.12.1 Monuments—Monuments 4' long 6" sq. concrete or granite bounds are required to be installed at all street intersections, at all points of change in direction or at curvature of streets,at 2 property corners of all new lots,and at any other points where,in the opinion of the Board, permanent monuments are necessary. Granite monuments are proposed at all points of change in direction, at curvature of streets, and at front corners of open space parcels only. Granite monuments are proposed to be 4'long and 5"sq. per 6.12.3. The 2 property corners of Lots 1-7 are proposed to be 5/8"iron rods 30"+long. i) Sec. 8.5.7.D Dimensional Regulations — This section requires a 50' from the parcel boundary running the full length of the perimeter of the parcel. A waiver is requested for Lots 4 and 5 are proposed to allow for septic systems within the buffer. The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby granted. With respect to those waivers concerning development standards above, the Planning Board also makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations,that the waived requirements will not impair the functioning, long term maintenance nor appearance of the future development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to the land shown on the Plan, and is consistent with the Board's development objectives. And upon the following additional SPECIAL CONDITIONS 16. With the exception of catch basins located with the Right-of-Way(ROW)of the new cul-de-sac,the drainage structures, infiltration basins, grassed swales, drainage channels and the stormwater management basins (Ponds) in the Open Space Parcel A &B will be maintained in perpetuity by a Homeowner's Association, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. An access and maintenance 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 shall be granted to the Town of North Andover for the stormwater treatment areas located on the Open Space parcel A&B. 17. The infiltration basins,ponds, located on Lots 3,4, and 5 will be maintained by the owners of those lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. 18. All roof infiltration systems that are located on individual lots are to be maintained by the owners of those lots,with the terms of ownership and maintenance to be documented in the respective deeds for each lot. 19. All existing trees that are noted on the plan to remain will be maintained in perpetuity. 20. The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the fmal authority on determination of significance of proposed plan changes. 21. In consideration of the approval of the Plan,there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot in the subdivision. 22. Prior to endorsement of the Special Permit by the Planning Board and recording with the North Essex Registry of Deeds, the applicant shall meet all of the requirements stated in the Planned Residential Development Special Permit decision dated September 1,2015 and noted before the term 4 602 Boxford Street Wellington Woods Definitive Subdivision Plan "Prior to endorsement of Plans" 23. PRIOR TO ENDORSEMENT OF THE PLAN Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A covenant(FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 25 under"PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANT'. b) A Site Opening Bond in the amount of ten thousand dollars($10,000)to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing bond account. c) Unless the drainage structures are to be maintained by the town, a recorded Homeowner's Association Agreement shall be submitted, containing the provision that the stormwater drainage structures, as noted in SPECIAL CONDITION 16, will be maintained by the Association and the Easement will be granted to the Homeowner's Association and Town of North Andover. d) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. e) All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. f) All stormwater structures to be maintained by the Homeowner's Association,the infiltration basins,the grassed swales,the drainage channels,and the Stormwater Infiltration Basins located within the Open Space shall be shown on the plan. g) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. These plans must be submitted within ninety (90) days of filing the decision with the Town Clerk. h) The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the list of waivers for this project must appear on the mylars. i) A Deed for each individual lot shall be submitted, reviewed and approved by Town Counsel. j) A construction and grading easement shall be included for Open Space Parcel A and Open Space Parcel B. k) A stormwater management easement shall be provided for Open Space Parcel B to the Homeowners Association. 1) A 10' drainage easement around the length of the roadway should be provided for the Town of North Andover Division of Public Works. m) Easement documents, deed restrictions, Homeowners Association Agreements and maintenance agreements concerning the drainage structures must be submitted, reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. n) The Subdivision Decision and the list of waivers for this project must appear on the mylars. o) A Development Schedule must be submitted for signature by the Town Planner. The schedule must show building permit eligibility by quarter for all lots. p) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. q) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project,provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to 5 602 Boxford Street Wellington Woods Definitive Subdivision Plan inspect the site accompanying a Planning Department designated official. r) The applicant will provide copies of all Decisions, Notification or Order of Conditions from the North Andover Conservation Commission. s) If as a result of any decision made by another Town Board, the proposed plan as approved by the Planning Board is changed, the Applicant shall provide those changes to the Planning Board for approval. 24. PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK. a) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of Deeds b) Three (3) copies of the signed, recorded plans and two copies of the following recorded documents must be delivered to the Planning Department: Subdivision Approval Form M, Easement documents, homeowners' agreement and maintenance documents referred to in Condition 16 under "Special Conditions" and in sections C, F, K, and M as referred to in section Prior to the Endorsement of the Plan in this Decision. c) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Town Planner must be contacted prior to any cutting and or clearing on site. d) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. e) A pre-construction meeting must be held with the developer, their construction employees, Planning Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. f) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the contribution and evidence of DPW's determination and a receipt for the contribution must be submitted to the Town Planner. g) The applicant shall provide evidence to the Town Planner of filing and approval of the EPA NPDES General Construction Permit for the project. 25. PRIOR TO ANY LOTS BEING RELEASED FROM'1'HE STATUTORY COVENANTS a) The applicant must submit a lot release(Form J)to the Planning Board for signature. b) A Performance Guarantee in an amount to be determined by the town's engineer and by the Town Planner, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings; ii. sewers and utilities; iii. roadway construction and maintenance; iv. lot and site erosion control; v. site screening and street trees; vi. drainage facilities; vii. site restoration; viii. final site cleanup. 26. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a) The roadway must be constructed to binder paving with stabilized shoulders. b) A Plot Plan(in paper form and in SDF: Standard Digital File)for the lot in question must be submitted to include the following: i. Location of the structure ii. Location of the driveway iii. Location of all water and sewer lines 6 Y-, 602 Boxford Street Wellington Woods Definitive Subdivision Plan iv. Any grading called for on the lot v. Location of drainage,utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. d) All catch basins shall be protected and maintained with filter fabric to prevent siltation into the drain line during construction. e) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. f) Lot numbers,visible from all roadways must be posted on all lots. 27. DURING CONSTRUCTION a) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. b) It shall be the responsibility of the developer to assure that no erosion from the site of construction shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a fmding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 28. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY a) House numbers for each lot must be posted so as to be seen from the street. b) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety. c) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit seeding or sodding. d) It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. e) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. f) The applicant must submit a letter from the architect and engineer of the project stating that the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 29. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) A final as-built plan showing final topography, the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. The as- built must be provided in paper form as well as in SDF(Standard Digital File)format. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. c) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d) The roadway and all stormwater management systems must be constructed according to the plans approved by the Planning Board 7 602 Boxford Street Wellington Woods Definitive Subdivision Plan 30. GENERAL CONDITIONS a) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. b) Gas, Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies. c) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. d) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. e) Any action by a Town Board, Commission,or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. f) The Town Planner shall review any insubstantial changes made to the plans and reports described herein. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination as to whether such changes should be discussed at a public meeting and/or hearing, or might otherwise require a modification to the original Special Permit approval. The Planning Board holds the fmal authority on determination of significance of proposed plan changes. g) The following information shall be deemed part of the decision: Plan titled: "Definitive PRD Subdivision Plan of Wellington Woods Prepared for: Messina Development Co. INC. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: June 26,2015,Revised Aug. 10,2015 Sheets: 1-14 Report Titled: Stormwater Management Report Prepared for Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015,Revised Aug. 10,2015 Report: Wellington Woods Perimeter,Lot,Right of Way,Closure Calculations Prepared for: Messina Development Co. 277 Washington Street Groveland,MA 01834 Prepared by: Christiansen&Sergi,Inc. 160 Summer Street Haverhill,MA 01830 Date: June 26,2015 cc: Town Departments Applicant Engineer Abutters Assessor 8 • n4ORTy 4$1641110F 4010c2. x y x I x t x Order of Resource Area Delineation (ORAD) Lot 1 &2 Boxford Street (602 Boxford Street) DEP File #242-1640 Facts&Findings: Wetland resource areas,jurisdictional under the Massachusetts Wetland Protection Act(WPA) and/or the North Andover Wetland Protection Bylaw (Bylaw),within the subject parcel include: Bordering Vegetated Wetland (BVW),Bordering Land Subject to Flooding(BLSF) and Ephemeral Pool and Ephemeral Pool Habitat. Norse Environmental Services,Inc. delineated these resource areas on September 2,2014. Wetland flags were reviewed and amended by Jennifer Hughes,Conservation Administrator,on November 25,2014 and include: BVW Flags Al-A148,B1-B22,and C1-C11 Bordering Land Subject to Flooding-Line on Sheet 1 of 3 labeled"Limit of FEMA 100-Year Flood Hazard Zone A" The site also falls within Natural Heritage Endangered Species Program(NHESP)Priority Habitat for Rare Species The presence of Ephemeral Pools and Ephemeral Pool Habitat, as defined in section 3.1 of the Bylaw,was noted in the letter from Maureen Hanley of Norse Environmental, Inc. dated November 18,2014 and submitted as part of the Abbreviated Notice of Resource Area Delineation. The Conservation Administrator confirmed the presence of the Ephemeral Pools and Ephemeral Pool habitat during the site inspection on November 25,2014. The boundaries of these resource areas were not delineated or confirmed as part of this filing. The NACC formally approved the resource area boundaries at a public hearing on December 3,2014. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation-WPA Form 4A and supporting documents,received November 21,2014; D Plan entitled"ANRAD Plan for Lot 1 &2 Boxford Street in North Andover, Mass." Prepared by Christiansen&Sergi, Inc. and signed by Philip G. Christiansen,P.E., dated November 10,2014 and last revised December 1,2014. 3 ,,::: Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1640 Lik WPA Form 4B -Order of Resource Area Delineation eDEP Transaction#:706399 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTHANDOVER A.General Information 1.Conservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. F Order of Resource Area Delineation b. r Amended Order of Resource Area Delineation 3.Applicant Details a First Name ROBERT b.Last Name MESSINA c.Organization MESSINA DEVELOPMENT CO.INC. d.Mailing Address 277 WASHINGTON STREET e.City/Town GROVELAND f.State MA g.ZIP 01834 4.Property Owner(if different from applicant): a First Name CHARLO f1'E b.Last Name HOPPING(LOT 3) c.Organization GORTON FAMILY TRUST(LOT 22) 4#d.Mailing Address 5$2(HOPPING)AND 623(TRUST)BOXFORD STREET S e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 5.Project Location a Street Address 602 BOXFORD STREET b.City/Town NORTH ANDOVER c.Zip 01845 d.Assessors Map/Plat# 105C e.Parcel/Lot# 3&22 f.Latitude 42.6682N g.Longitude 71.04739W 6.Dates a Date ANRAD Filed 11/24/2014 b.Date Public Hearing Closed 12/3/2014 c.Date Of Issuance 12/5/2014 7.Final Approved Plans and Other Documents Plan Tide Han Prepared By Han Signed By Han Final Nam Scale Date ANRAD PLAN FOR LOT 1&2 CHRISTIANSEN& PHILIP G. December 1, 1"=60'& BOXFORD STREET(3 SHEETS) SERGI,INC CHRISTIANSEN,P.E. 2014 1"=40' B.Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. F Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. F Bordering Vegetated Wetlands 2. F Other resource area(s),specifically a.BORDERING LAND SUBJECT TO FLOODING SEE ATTACHED REGARDING PRESENCE OF EPHEMERAL POOLS AND EPHEMERAL POOL HABITAT b. r Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically Page 1 of 3 *ELECTRONIC COPY Yl 1 1 / Aft n n 4 A.-I inn/1.I, A i /tic, c C ( _ ,iLnD.Iii?G .56, 2 3 ax-g &4°e 0 Massachusetts Department of Environmental Protection Provided by MassDEP: f' Bureau of Resource Protection-Wetlands MassDEP File#:242-1640 WPA Form 4B-Order of Resource Area Delineation eDEP Transaction#:706399 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER a. c. E Isamu-ate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. E Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. 3.The boundaries were determined to be inaccurate because: C.Findings This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L.c.131,S 40)and its regulations(310 CMR 10.00).This Order does not,however,determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of the Conservation Commission.The Order must be sent by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office(see http://www.mass.gov/dep/about/region/findyour.htm). D.Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Departments review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order of Resource Area Delineation will be required to demonstr ate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination.The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L.c. 131,S 40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. Page 2 of 3 *ELECTRONIC COPY k • r, Massachusetts Department of Environmental Protection Provided by assDEP: k; Bureau of Resource Protection -Wetlands a 4,2 - �is �d , WPA Form 4B — Order of Resource Area Ma7D P File Nurx1 er eDEP Transaction Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town f E. Signatures /2- _- / T Date of Ince Please indicate the n user of members who will sign this forV.......,/ _ _ 1.Number of Signers •Sigaeti re of C•''.-• .`on +mmission Member S' ature Consery n Commission Member ///;%,.. Signature •f o)...:ratio o iss' n ember Signature of Conservation Commission Member Signa e of,.o�nommission Member Signature of Conservation Commission Member Sig t of Conservation Commission Member This Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend the issuance date of the original Final Order, which expires on unless extended in writing by the issuing authority. This Order is issued to the applicant and the property owner(if different)as follows: 2.❑ By hand delivery on 3.[ 'By certified mail, return receipt requested on iJ5jiV a. Date a. Date i { wpaform4b.doc•rev.08/13 WPA 48,Order of Resource Area Delineation•Page 4 of 4