HomeMy WebLinkAboutMESITI DEVELOPMENT pORTly
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Town of North Andoveir
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s Office of the Planning Dep
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Community Development and Services ivisi n
CHUSE� 1600 Osgood Street
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North Andover,Massachusetts 0W
NOTICE OF DECISION
Site Plan Review Special Permit- Modification
Date of Decision: September 17,2008
Application of: Mesiti Development
231 Sutton St, Suite 2F
North Andover, MA 01845
Premises Affected: Boston Ski Hill, Turnpike St (Rte. 114) and Johnson Road, Assessor's
Map 107A& 107C, Lots 149& 10, within the Village Residential Zone
In May 2002, the Planning Board unanimously voted to grant the applicant, Mesiti Development, 231
Sutton St, Suite 217,North Andover, MA 01845, a Site Plan Review Special Permit for the construction of
96 age restricted town homes with grading and landscaping improvements. The project is located within
the Village Residential (VR) Zoning District on Map 107A & 107C, Parcels 149& 10 with frontage on
Salem Turnpike(Route 114).
On October 16,2007,the Planning Board voted unanimously to grant an extension of the Special Permit
for Site Plan review to the applicant for a period of one year to October 26,2008.
On August 11, 2008,the applicant filed an Application for a Modification to the Site Plan Review Special
Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
SITE PLAN SPECIAL PERMIT MODIFICATION for the above mentioned premises.
eorthAndov/r Plan ing Board
, Chairman
Jennifer Kusek, Clerk
Richard Rowen
Tim Seibert
Michael Walsh
Boston Ski Hill/Mesiti Development Corp.
Map 107A& 107C,Parcels 149& 10
Site Plan Review Special Permit—Modification
September 17,2008
Conditions
After a public hearing given on September 17, 2008,the Planning Board voted unanimously to Approve
the Modifications to the Site Plan Review Special Permit for the premises affected,with the following
conditions:
I. Modification of Phase 1 &2 to eliminate the demolition of the retaining walls,the pavement and
the removal of the guardrail from Phase 1 and add that work to the scope of Phase 2. All other
items as shown on the Plan will be completed.
2. Completion of Phase 1 constitutes"substantial use and construction"as specified in the original
decision in section 7L.
3. Reduction of Site Opening Bond/Erosion Control Bond from$20,000 to$5,000.
4. Defer the requirement to post a Slope Stabilization Bond,per condition 2C of original Decision
dated May 15, 2007,to be made prior to the commencement of Phase 2.
5. Install erosion control barrier(silt fence and hay bale)as shown on plan entitled"Phase 1
Demolition Plan, Boston Hill in North Andover"prepared by Marchionda&Associates,L.P.,
dated 4/15/02 and revised 8/20/08.
6. Demolish existing lodge, out building and pump house. Retain slabs of buildings to be
demolished and fill existing basement area to grade. Retain as much of the existing bituminous
concrete parking area as possible.
7. Abandon existing underground utilities in place(do not excavate and remove).
8. Cut existing suction line pipe from snow making pond 6 inches below grade and leave remainder
in place.
9. Remove elevated water discharge pipe by cutting it into manageable lengths without disruption to
existing wetland vegetation.
10. Stabilize all disturbed areas with 4 inches loam and seed.
11. In accordance with Condition No.2(A)of the Special Permit,for each of the five(5)phases of
work described in the Specifications,prior to the commencement of work for each phase,a
construction schedule shall be submitted to the Town Planner. The schedule shall include a
timetable for substantial completion of that phase. (The term"substantial completion"refers to
the definition in Condition No. 4(J)of the Special Permit.)No timetable for any one phase shall
exceed 24 months; if work for the phase is not completed within the 24 month period,then the
Special Permit shall deemed to have expired; provided,however,that reasonably prior to the end
of any 24-month period the permittee may seek from the Planning Board an extension of said 24-
month period for good cause.
The following information shall be deemed part of this decision:
Plan titled: Phase 1 Demolition Plan in No.Andover,MA
Prepared for: Mesiti Development Group.
231 Sutton St., Suite 2F
North Andover,Massachusetts 01845
Prepared by: Marchionda&Associates,L.P.
62 Montvale Ave.
Stoneham,MA 02180
2
Boston Ski Hill/Mesiti Development Corp.
Map 107A& 107C,Parcels 149& 10
Site Plan Review Special Permit—Modification
September 17,2008
Scale: 1"=80'
Date: April 15,2002,revised to 8/20/2008
Sheets: 1
3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-500
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Kenneth Grandstaff
computer, use Name
only the tab
key to move 100 Andover By-Pass, Suite 300
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State Zip Code
r� 2. This Certificate..of Compliance is issued for work regulated by a final Order of Conditions issued to:
Robert J. Batal Builders, Inc.
Name
5/31/89, (Amended 6/12489) 242-500
Dated DEP File Number
3. The project site is located at:
Turnpike Street, Boston Ski Hill North Andover
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North 1.186 306
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7/13104 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-500
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
47
C. Authorization
Issued by:
North Andover i f
Conservation Commission Date of Iss ante
This Certificate must be signed by a majority of the Conservation Commission and a sen.Ro the
applicant and appropriate DEP Regional Office(See Attachment).
Signatures:
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-500
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
ement
N
Commonwealth of Massachusetts County of Essex North
On this ,, Of a
Day Month Year
before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
CityTrown
ignature of Notary Public
� DMMALon n ✓�- j?J.
E
NOTAR1�Ptl8!!C Printed Name of Notary Public
COMMONWEALTIJof WSACBU3ETi8
Mr comm,fxpia A g.7,2W O
ov q
:YAUI
ssion xpires(Date)
Place notary seal and/or any stamp above Siof Notary Public
wpaform 8b.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-500
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
S^
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
e
242-500
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform Bb.doc•rev.7113/04 Page 4 of 4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
r
Boston, MA 02211
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121.3:'2005 15:21 FAX 781 116 5799 ZOO 1/016
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12/13'2005 15:22 P:1T 781 416 5799 2002/016
Town of North Andove-
Office of the Planning Depanment 3�
Community Development and Services Division .
27 Charles street '•
North Andover, Massachusetts 01845 ;,SS."c�t�,s
Telephone(978)688-9535
Fax (978)688-9542
Notice Of Decision
Any appeal shall be filed
Within (20) days after the
Date of fling this Notice
In the Office of the Town
Clerk
w;
Date: May 15, 2002
Date of Hearing: May 7, 2002 ^'
Petition of: Mesiti Development 231 Sutton Street North Andover tvLA
Premises Affected: Route 114 Turnpike Street across from Johnson Street
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of 96 age restricted town homes within the Village
Residential Zoning District v
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed:
J00,Simo s, Chairman
Cc: Applicant AlWrto Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Felipe Schwarz
DPW George White
Building Department
Conservation Department
Health Department
ZBA
�Q�RD OF ;PPEaLS 588-9 4 t BCR'DI G 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLy%-NTNG 68S-9':
M745
12%13!2005 15:22 FAX 781 416 5799 IM 003/016
Boston Ski Hill
Site Plan Review - Special Permit
The Planning Board hereby approves the Special Permit/Siie Plan Review for the construction of 96
townhouses to be built upon the land shown on Map 107A& 107C.Lots 149&10.located in the village
Residential zone_ Mesiti Development, 231 Sutton Street,North Andover, MA 01845,requested this
Special Permit/Site Plan Review on April 17,2002.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
I. The specific site is an appropriate location for the project as it is located in the Village Residential
Zone and the use is multi-family residential_
2. The use as developed will not adversely affect the neighborhood, as the project is residential in
nature.
3. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic
Impact & Access Study performed by Dermot J. Kelly Associates; Inc. and reviewed by the
Town's Outside Engineering Consultant, Vanasse Hansen Brustlin,Inc.
4_ The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements. The
drainage calculations submitted by Marchionda & Associates were reviewed with the Town's
Outside Engineering Consultant.Vanasse,Hangen,Brustlin.Inc_and deemed to be acceptable.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 83
and for Special Permits as stated in Section 10.3 of the Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The facility will be connected to the municipal sewer system in the Town of North Andover.
Nloreover. the Town will not be responsible for maintaining or plowing any of the ways shown on
the Site Plans.
8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.
Finally, the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 83(5) and (6) subject to the following conditions. The
Planning Board hereby grants an approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
Permit Definitions:
i) The"Locus"refers to the 33.35 acre parcel of land adjacent to Route 114 also known as
Turnpike Street and located across from Johnson Street,North Andover,Massachusetts.
it) The"Pians" refer t
o the fans prepared by Marchionda&- Associates.L-P.dated June 20.
�I P P P
2001 and last revised .April 12.2002.entitled "Boston Hill an Age-Restricted Community
Boston Hill Soecioi Permit AZ)provot
1
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12/13/2005 15:22 FA1 781 416 5799
1004/016
Located in North Andover, Massachusetts"consisting of Sheets 1 through 25 and LI through
L4.
ill) The"Project"or`Boston Hill Condominiums"refers to the development of 96 age-restricted
townhouse condominium units at the Locus in accordance with the Plans and the instant
Special Permit.
jv) The"Applicant"refers to Mesitj Development,the applicant for the instant Special Permit.
v) The"Condominium Documents refers to the condominium trust,master deed and rules and
regulations of the Boston Hill Condominium.
vi) The`Board of Trustees"refers to the Board of Trustees of the Boston Hill Condominium.
vii) The"Unit Owners"refers to the owners of the units at the Boston Hill Condominium.
viii)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
Board of Trustees of the Boston Hill Condominiums.
l) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant,
and the Planning Department and be endorsed by the Planning Board- The final plans must be
submitted for review within ninety days of filing the decision with the Town Clerk.
B) The restriction providing that the Open Space Parcel (defined below) shall be retained in
perpetuity as described below(the "Land Restriction") must be reviewed and approved as to form
by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a
timely fashion but ir,no event later than thirty(30)days after submission.
i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by
the Board of Trustees or organization of unit owners of Boston Hill Condominium as
defined herein (the "Open Space Parcel"). A perpetual restriction running to or
enforceable by the Town shall provide that the Open Space Parcel shall be retained
in perpetuity for either conservation, agriculture or recreation purposes (the "Land
Restriction")_ All uses and structures shown on the Plans (such as, for example,
drainage purposes)shall also be permitted under the Land Restriction.Moreover,the
Open Space Parcel shall not be open or accessible to tate general pubiic but snail be
devoted exclusively to the use and enjoyment of the residents and invitees of the
Boston Hill Condominium; provided, however, that the hiking tail shown on said
Sheet 23 (and the six accessory parking spaces thereto)shall be open and accessible
to the general public solely for hitting purposes.
C) The Land Restriction shall be recorded at the North Essex Registry of Deeds with a copy of the
recording provided to the Planning Department.
21) PRIOR TO THE START OF CONSTRUCTION
A) A construction schedule shall be submitted btnitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities or,.the site.
B) A bond shall be posted (per agreement with the North Andover Planning Board) a Site Opening
Bond/ Erosion Control Bond in the total amount of twenty thousand ($20,000.00)dollars for the
purpose of co—trino anv contingencies that might affect the public welfare such as site-opening,
Boston Hit;Sr>eciol Permit Approvoi
2
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12%1'3;'2005 15:23 FAX 781 416 5799 U005/0.16
clearing, erosion control and performance of any other condition contained herein. The
Guarantee shall be in the form of a check made payable to the Town of North Andover escrow
account.
C) .A Slope Stabilization Bond in the amount of seventy-five thousand ($75.000) to be held by the
Town of North Andover. The Slope Stabilization Bond shall be in the form of a check made
payabie to the Town of North Andover that will be placed into an interest bearing escrow account.
These monies may be utilized by the Town to ensure the stabilization of the slopes.These monies,
or the balance thereof. will not be released until three years from the date of completion of
slope construction. For purposes of this section,"date of completion of slope construction'
shall be defined as the date that the Town's Outside Engineering Consultant certifies in
writing to the Planning Board that the slopes have been constructed in accordance with the
approved plans.and this decision..Furthermore,the Town's Outside Engineering Consultant
shall not make this determination until a joint site visit has been scheduled with the Planning
Board.
D) All applicable erosion control measures as shown on the plan must be in place and reviewed and
approved by the Town's Outside Engineerine Consultant.
E) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning Staff. The Environmental Monitor must be available upon four.(4)
hours notice to inspect the site with the Planning board designated official_ The Environmental
Monitor shall make weekly written reports to the Board containing construction updates and any
areas of non-compliance with the plans and conditions of approval.
F) 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 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 oive the developer written notice of any such
finding and ten days to cure said condition.
G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the
plan The. Town's Outside Engineering Consultant must be contacted prior to any cutting and or
clearinc on site. y
H) A pre-construction meeting must be held with the developer and their construction employees, the
Community Development Director, Town Planner and the Town's Outside Engineering
Consultant to discuss scheduling of inspections and inspections to be conducted on the project.
I) The developer must deposit funds to pay for the Town's Outside Engineering Consultant to
perform inspectional services for the construction of this project. The estimate of the cost of
construction inspectional services will be calculated by the Town's Outside Engineering
Consultant upon receipt of final endorsed site pians and other necessary construction documents
and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant
and the developer. In the absence of mutual agreement, the Planning Board shall set the final cost.
The reason for the Town's Outside Engineering Consultant performing the construction
inspectional services is that due to the enormity of the cutting and filling. erosion control and
length of the roadways, the Department of Public Works is unable to perform inspections on a
regular and timely basis.
J) A Performance Guarantee in an amount to be determined by the Town's Outside Engineering
Consultant. shall be posted to ensure completion of the work in accordance with the Plans
approNed as part of this conditional approval. The bond must be in the form acceptable to the
forth Andover Planning Board. Items covered by the Bond may include, but shz!i not be limited
to:
Boston Hit:Soec:a'.Permit Approvol
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1213,'2005 15:23 F.-k1 781 416 5799 Ij006/016
i) as-built drawings;
it) sewers and utilities
iii)roadway construction and maintenance
iv)lot and site erosion control
�) site screening and street trees
vi)drainage facilities
v10siie restoration
viii)final site cleanup
K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw
for the removal of earth from the Zoning Board of Appeals. The developer shall inform the
Planning DepartmenUPlanning Board of the final decision of the Zoning Enforcement
Officer/ZBA,and provide revised plans as needed.
I_) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from the Conservation Commission. In accordance with General Condition 7(k)below,
should the Community Development Director find that plans approved by the Conservation
Commission substantially differ from the approved pians of the Planning Board, the developer is
required to present the changes through a public hearing to the Planning Board for a modification
to site plan approval, y
M) The %eater booster station design requires approval from the Division of Public Works and Fire
Department. The minimum criteria for domestic water system pressure is 20 PSI at any time,
minimum domestiz supply pressure of 35 PSI, a one day storage capacity if no standby system
with the system design demand of 100 gallons per capita per day. Prior to the installation of the
water booster stations, the applicant and/or developer must demonstrate to the Division of Public
Works and Fire Department that domestic water service will have a supply pressure of 50 PSI with
system design demand of 150 gallons per capita per day. Also that the minimum flow at any
hydrant for fire protection is 1. 000 GPM with a residual pressure of twenty-five (25) PSI at
hydrants adjacent to the hydrant being utilized.
3) DURING CONSTRUCTION
A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed
by the Town Planner. or in the absence of a Town Planner, the Community Development
Director. throuchoui the construction process.
B) Street sweeping must be perforrrred, ai least once pe: wee%, throuv!iout .he consu-ucticn pr cess,
or more frequently as directed by the Town Planner or in the absence of a Town Planner, the
Community Development Director.
C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be
from 7:00 a.m. to 7:00 p.m. Construction outside of these hours can only be permitted by a
majority vote from the Planning Board to do so. Construction shall be limited to weekdays,.
Monday through Friday, during the above hours. Construction may occur on Saturday during the
hours of 9 a.m. to p.m. to facilitate a shorter construction period.
D) 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 ail
times to minimize any dus! problems that may occur with adjacent properties_ Any stock piles to
remain for longer than one week must be fenced off and covered.
E) In an effort to reduce noise levels_ the developer shall keep in optimum working order. through
regular maintenance. arty and all equipment that shall emanate sounds from the structures or site.
Bostca Hri Speci"I Perm"Appovol
4
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12%13'2005 15:24 FAN 781 416 5799 X 007/016
4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY PRASE OF THE
PROJECT.
A) Three(3)copies of the signed, recorded plans must be delivered to the Planning Department.
B) One certified covv of the recorded decision must be subrnined to the Planning Department.
C) The roadways for the applicable phase must be constructed to at least binder coat of pavement to
properly access the buildings in question. For the applicable phase,retaining walls shall be
constructed and earth slopes shall be stabilized. Prior to construction of the binder coat,the
developer shall ensure that all required inspection and testing of water,sewer,and drainage
facilities has been completed for the applicable phase_ The developer must submit to the Town
Planner and the Town's Outside Engineering Consultant an interim as-built,certified by a
professional engineer, verifying that all utilities have been installed in accordance with the plans
and profile sheet for the applicable phase.
D) The developer must comply with the Growth Management Bylaw,Section 8.7 of the Town of
North .Andover Zoning Bylaw: provided, that the Planning Board finds that the developer
qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6.d so long
as the Master Deed references the below and incorporates Special Conditions 4(G),4(H)and 4(1)
and is recorded prior to the issuance of any certificate of occupancy_
E) An as-built plan must be submitted to the Division of Public Works for review and approval prior
to acceptance of the sewer appurtenances for use.
F) The developer is required to pay sewer mitigation fees at the Department of Public Works.The
fees paid shall be based on the number of bedrooms for which the building permit is sought. Proof
of payment must be supplied to the Planning Department.
G) Aee Restriction and.Age Restriction Deed Conditions:
i) The units at the Project are intended for the housing of persons 55 years of age or older.These
conditions are intended(a)to be consistent with the exemption under the Fair Housing.Act,
42 USC section 3607(b). as.amended, the regulations promulgated thereunder, 24 CFR
Subtitle B,Ch. 1, section 100.300 et seq.and Massachusetts General Laws chapter 151B,
section 4(the"Housing Laws")and (b)to qualify the Project for the exemption to the Growth
Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(d).
it) All occupied units at the Project shall be occupied by at least one person.who:s ane 55 or
older(the"Qualified Occupant"):provided,however,that in the event of the death of the
Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit,a
two year exemption shall be allowed to permit the transfer of the unit to another Qualified
Occupant(s)so long as the provisions of the Housing Laws are not violated by such
occupancy.Children under the age of 13 may not reside in a unit for more than six months
during any nine month period
iii) The ate restriction described in the above shall be (a) included in a properly executed and
recorded deed restriction running in perpetuity with the land and (b) incorporated into the
Condominium Documents. The Condominium Documents shall also include additional rules
and exceptions to the age restriction described above and shall be consistent with the Housing
Laws so long as the Condorrin.iurn Documents do not require more than one Qualified
Occupant per unit_ Prior to the issuance of any bui)dina permit, the age restriction provisions
in the Condominium Documents and the deed restriction shall be reviewed and approved as to
form by Town Counsel whose approval shall not be unreasonably withheld and shall be
issued in a timer fashion but in no event later than thirt} (30)days after submission_ The age
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restriction and Condominium Documents shall be recorded at the North Essex Registry
of Deeds prior to the issuance of any certificate of occupancy.
H) Maintenance Obligations
The Project Owner shall
i) maintain and repair of the trail system and signage on the Locus and the accessory visitor
parking and signage thereto shown on the Pians. Said maintenance and repairs shall include
any clearing.trimming or other upkeep normally associated with passive recreation hiking
trails:
ii) maintain,repair and plow the private road on the Locus shown on the Plans.
iii) at all times be responsible for trash removal at the Proiect.The Town of North Andover,as a
condition of this approval, shall not at any time,be responsible for trash removal at the project
site-
iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans;
provided,however, that in the event of an emergency to which the Project Owner,Board of
Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond,the
Town of North Andover,by its designee,may enter the Locus and undertake necessary
maintenance or repairs to these structures and may charge back its reasonable costs and
expenses to the Project Owner, Board of Trustees or organization of Unit Owners of the
Boston Hill Condominium as the case be may be;and
v) maintain and repair the water booster pump structures and system on the Locus shown on the
Plans;provided,however,that in the event of an emergency to which the Project Owner,
Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to
respond, the Town of North Andover,by its designee,may enter the Locus and undertake
necessary maintenance or repairs to these structures or system and may charge back its
reasonable costs and expenses to the Project Owner.Board of Trustees or organization of Unit
Owners of the Boston Hill Condominium as the case be may be.
vi) Special Condition 4(H)(i-v)shall be incorporated into the Condominium Documents and
shall run in perpetuity. It is intended that the Town of North Andover shall not become
responsible for the maintenance,repairs or other obligations set forth in Special Condition
4(Il)(1-v)(Maintenance Obligation)at any time.
it S;ould the Project Owner transfer the project, the seller and the buyer sha:1 mee! with the
Planning Board to update the Board on the status of the project, and provide the Planning
Board and Planning Department with written notification of the transfer.
viii The Project Owner shall in consultation with the North Andover Department of Public Works,
establish an amount to be included in the performance bond to cover the cost of one year of
prospective maintenance for items iv and v above.This amount must be retained at all times,
in it's entire amount, by all current and future Project Owners and reviewed every two years,
as a safeguard against failure of equipment and or structures noted in(H)(iv)and(H)
(v )above. This condition must be wTitten into the Condominium documents and noted as a
condition of approval-
Easement
pprovalEasement for Widenin! Route 114: In the event that Route 114 is widened by the Commonwealth,
the applicantlowner shall convey to The Town of North Andover or its designee an easement on
the Locus up to ter.feet wide running along the south side of Route 114 whose approximate
9ostor^Hut SE)eciat Petml`Approval
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location is shown on Sheet 23 of 25 of the Plans.This condition shall be incorporated into the
Condominium Documents.
J) The Project Owner must schedule presentations in front of the Planning Board to obtain
permission to proceed for each level of construction phasing as listed in the plans entitled
"Construction Phasing& Erosion Control Specifications"prepared by Marchionda & Associates,
consisting of sheets I through 10,dated December 10.2001 and a booklet entitled"Construction
Phasing&Erosion Control Specifications.Boston Hill"prepared by Marchionda& Associates
dated December 4.2001 and revised April 12,2002(collectively.the"Erosion Control Plans").
No building permits may be issued for any subsequent phase until the Project Owner notifies the
Planning Board that the prior phase has been substantial)v completed.presents supporting
information to the Plannin_Board and the Planning Board confirms in writing that the prior phase
has been substantially completed in accordance with the Erosion Control Plans(regardless of
whether or not building permits are required for any phase)-The term"substantially completed"
means substantial completion and stabilization of the cut anJ fill slopes within the specific phase
in question and does not mean the completion of buildings or pulling of building permits within
any particular phase. As listed in the above-mentioned document,building permits coincide with
each phase as noted below
Phase 1 -No building permits associated with this phase.
Phase'-)-Building Permits for Buildings 1.2, 3,4.5&7.
Phase 3- Building Permits for Buildings 12. 13. 14, 15 & 16.
Phase 4-Building Permits for Buildings 6,8.9. 10, 11. 17, 18. 19,& 20.
Phase 5- No building permits associated with this phase.
K) The developer shall utilize the below listed materials for the construction of the building units, as
presented to the Planning Board. Prior to the start of construction the developer shall present
to the Plannine Board the actual material to be used in the construction of the building units.
The Planning Board acknowledges that all manufacturers are listed to represent a quality standard
only,equal products may be approved by the project architect.
i) Wood Grained Vinyl Siding Wolverine Vinvi Siding -Restoration Collection-siding
ii} Wood Grained Vinyl Siding Wolverine Viml Siding Restoration Collection-Accents-
shakes.half-rounds
Iii) Wood Grained Vinyl Siding Wolverine Vinyl Siding -Restoration Collection-corner
systems,window and door surrounds and crown molding
iv) Wood Grained Vinvl Siding Wolverine Vinyl Siding -Md)enium Collection-siding
v) Solid PVC Trim - Southeastern Millwork Co..Inc. -Boards,molding and sheet stock
vi) 30 year Asphalt Roof Shingles-Timberline
vii) 30 Year Fiberglass Roof Shingle- Bird Incorporated
L) Retainin; walls shall be designed and stamped by a structural engineer registered in the state of
Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department
and Building Inspector prior to construction. The submittal of plans is for informational purposes
to the Planning Department only,the applicant must apply for and receive a building permit to
construct the retaining walls-
M)Tne developer must secure anv necessary variances for the height of the proposed townhouses from
the Zoning Board of Appeals. Tire developer shall inform the Planning Department/Planning
Board of the final decision of the Zoning Enforcement Officeri7B.4_and provide revised plans as
needed. Should the Zoning Enforcement OfficerfZBA require changes to the plans the developer
5cston Hill Spe-iol Permit Approvol
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12 13:'2005 15:25 P;1T 781 416 5799 colo/o1(i
must comeback to the Planning Board with the changes prior to start of construction in
accordance with the procedure set forth in General Condition 7(k).
N) Depictions of signage or other installations on the approved plans may be subject to other
restrictions or ordinances of the Town of North Andover. This approval shall not be interpreted as
compliance with these additional requirements. All relevant additional permits must be ohtainf!d
by the developer prior to construction.
=) PRIOR TO THE ISSUANCE OFA CERTIFICATE OF OCCUPANCY
A) The Project Owner must submit a letter from the architect and engineer of the project stating that
the applicable phase of the building, signs, landscaping. lighting and site layout substantially
comply with this decision as endorsed by the Planning Board_
B i The building must have any and all fire sprinklers irstalled in accordance with the Massachusetts
General Laws Chapter 148 Section 26.
C) All lighting shall be built in accordance with the approved plans. All lighting shall have
underground wiring and shall be so arranged that all direct rays from such lighting falls entirely
Within the site and shall be shielded or recessed so as not to shine upon abutting properties or
streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as
►nay be reasonably required by the Planning Staff shall be made at the owner's expense. All site
lighting shall provide security for the site and structures however it must not create any glare or
project anv light onto adjacent residential properties_
6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except
the Slope Stabilization Bond_
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography, the location of all on- site utilities. structures, curb
cuts. parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the T ow-r►'s Outside Engineering Consultant.
Ci The parking spaces for access to the Open Space Parcel and signage indicating what the parking is
to be utilized for must be constructed as shown on the plans referenced at the end of this decision.
D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of
flagging the hikine trail to connect from the parking spaces at the entrance of Road A to the off-
site trail adjacent to the southeast corner of the property.The developer agrees to cut the brush
,A ithin the area of the flagged trail performed by the?North Andover Traits Corrunittee for purposes
of utilization of the trail for hiking purposes.
Boston Hitt Spscioi Permit Apptovol
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12 '13 '2005 15:25 FAX 781 416 5799 10011 o16
7) GENERAL CONDITIONS
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die within two years from the date of planting shall be replaced by the project owner.
1)1) Tree cutting shalt' be kept to a minimum throughout the project to minimize erosion and preserve
the natural features of the site. If anv tree cutting occurs outside of the no-cut line as shown on the
}a Section�.8 6)of the Zoning $
plan,a reforestation plan must be submitted as outlined m Se Bylaw-
Should
� Y
C) Should the Protect Owner transfer the project, the SELLER AND the buyer shall meet with the
Planning Board to update the Board on the status of the project. and provide the Planning Board
and Planning Department with written notification of the transfer. V
D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation_
E) Gas, Telephone. Cable and Electric utilities shall be installed underground as specified by the
respective utility companies_
F) No open burning shall be done except as is permitted during burning season under the Fre
Department regulations_
G) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
H) All blasting shall be in complete compliance with regulations and procedures required by the North
Andover F=ire Department_ The developer shall offer to perform a pre-construction video survey to
any structure within 1000' of the proposed site to determine the pre-construction foundation and
wall conditions of such structure. Such survey shall be in accordance with requirements typical to
pre-blast survey and the contractor shall engape a professional firm that is experienced in such
surveys. The written and video results of the survey shall be made available to the owner of the
homes that have been surveyed,upon request.
1) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
J) 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 review by the
Planning Board as provided in General Condition 7(k)below.
h) Any revisions shall be submitted to the Community Development Director for review. If these
revisions are deemed substantial, the developer must submit revised plans to the Planning Board
for approval.
L) This Special Permit approval shalt be deemed to have lapsed two years after the date of the grant of
this special permit, 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. For purposes of this phased development,the developer shalt be deemed to have undertaken
substantial use or construction if the developer has completed Phase 1 and commenced Phase 2.
Moreover, any delay arising from the need to obtain a height variance,earth removal permit or any
other permits and the time required to pursue or await determination of any appeals shall constitute
I-ood cause_
M) The following information shall be deemed part of the decision:
it A set of plans entitled 'Boston Hill, An Age Restricted Community,
Located in Nonh Andover".prepared for Mesm Development Group. 100
$ostor Hit!Speciot Permit Approvai
4
N1754
12 13 '2005 1.5:26 F:1\ 781 416 5799 Cf7j01 016
Andover By-Pass,North Andover,MA 01845;prepared by Marchionda&
Associates,L.P.. 62 Montvale Avenue,Stoneham,MA 02180,consisting of sheets 1
through 25.dated June 20.2001 and revised as of January 31,2002 and sheets LI
through L4 prepared by Huntress Associates, 17 Tewksbury Street,Andover, MA 0 18 10.
dated April 17,2002.
A set of plans entitled"Boston Hill Construction Phasing and Erosion
Control Plans";prepared for Mesin Development Group, 100 Andover By-Pass.North
Andover,MA 01845;prepared by Marchionda&Associates,L.P.,62 Montvale Avenue,
Stoneham.MA 02180.consisting of sheets I through 10.dated December 10,2001,
revised April I2,2002
iii) A booklet entitled"Construction Phasing& Erosion Control
Specifications, Boston Hill"; prepared by Marchionda& Associates,L-P.,62 1Alontvake
Avenue.Stoneham,MA 02180,dated December 4, 2001 and revised April 10,2002.
I A traffic study prepared by DJK Associates entitled"Traffic Impact&
Access Study,Propo>--d Residentia: Development Project. Route 114,North Andover_
Massachusetts"dated jun--2001, revised September 2001_
�) Drainage calculations entitled "Hydrological Analysis for Boston Hill in
North Andover,Massachusetts";prepared by Marchionda&Associates.L.P. ;dated
December 1, 1999 and revised as of December 14,2001.
YO "Supplemental Calculations,Boston Hill in North Andover,
Massachusetts';prepared for Mesiti Development Group;prepared by
Marchionda&Associates,L.P.,62 Montvale Avenue-Suite I, Stoneham, MA 02180,
dated January 28.2002:
vii) Boston Hill Townhorrtes,Nonh Andover Massachusetts.Dated April 1 2001.
N'111) Elevations Uphill Buildings,Boston Hill Townhomes,North Andover Massachusetts.
Dated.April 2, 2001
IX) Elevations Downhill Buildings.Boston Hill A 92 Montvale Avenue, Suite
2400 Stoneham MA 02180,including the following:Artist's Concept,Townhomes.North
Andover Massachusetts.Dated April 2,2001 Color and Detail Variations for the Front
Elevations of the Typical Downhill Building,Dated January 8,2002
X) Rendered Masterplan entitled "Boston Hill in North Andover Massachusetts"Prepared by
Huntress Associates, Inc.
cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Drainage Consultant
Planning Board
Po)i--e Chief
Fire Chief
Applicant
Engineer
File
Bostor.Hm Special Perrni:.Approvot
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12'13 2005 15:26 F.,U 781 416 5799 013/016
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
04-P-1155
BENJAMIN G. FARNUM
VS .
MESITI DEVELOPMENT & others.'
MEMORANDUM AND ORDER PURSUANT TO RULE 1 .28
The defendant Mesiti Development (Mesiti) was granted a
special permit by the defendant North Andover planning board
(board) to construct a multi-family townhouse project (project) ;
the plaintiff is an abutter. In an action brought pursuant to G.
L. c. 40A, § 17, in the Land Court, the plaintiff sought to
overturn the board' s decision. This is an appeal from the action
of a judge of the Land Court dismissing the complaint on the
basis that the plaintiff lacked standing. We affirm the
judgment .
While the plaintiff is, as noted, an abutter, his principal
asserted basis for standing is that the project ' s water control
system would have a negative impact on farm land he owns across
the street. The locus was formerly a ski slope, and the plan is
to build ninety-six town houses on the thirty-three acre parcel.
The judge conducted a three day trial, and heard testimony of
experts presented by the abutter and the developer. The project
was engineered to provide drainage facilities, and the judge,
i
The town of North Andover and itsl
p arming board.
12113%2005 15:26 FAX 781 116 5799 Q 014/016
relying on the expert testimony, made detailed findings and ruled
that the project would 7 d not result in a discharge of water onto
the plaintiff 's property, as he argued, but is more likely to
reduce potential runoff. RA 73-79. The judge found that the
plaintiff "failed to put forth any credible evidence that would
substantiate his claim of harm from excessive flooding caused by
the [p] roject. " RA 79. Moreover, she determined that the
plaintiff "failed to submit any evidence substantiating his claim
that the (p] roject's drainage system will fail, " or that possible
"surcharge" of the drainage sysem will have any effect on the
plaintiff' s land. RA 79 . On appeal, the thrust of the
plaintiff' s argument is that the judge erred in her determination
that the drainage systems planned for the project will be
adequate .
We will not disturb a trial judge's findings of fact unless
they are clearly erroneous . Jancey v. School Comm. of Everett,
427 Mass . 603, 605 (1998) . Here there was abundant evidence and
justification for the judge' s findings, and they have not been
shown to be clearly erroneous.z Having determined after review
of all the trial evidence that the plaintiff had failed to put
forth credible evidence substantiating his claim of injury from
the project, the court did not err in concluding that the
2 Besides addressing the drainage issue, the judge also
found that the plaintiff' s concerns about traffic were not
supported by the record. This finding is not clearly erroneous.
2
12/13 2005 15:27 FAN 781 416 5799 0015/016
Plaintiff lacked standing to prosecute. See Marashlian v. Zoning
Bd. of AP eals of NeKL2.L Ort, 421 Mass. 719, 721 (1996) ;
Standerwick v. Zoning Bd. of Appeals of Andover, 64 Mass. App.
Ct . 337, 340-346 (2005) . Accordingly, the judge appropriately
dismissed the plaintiff ' s complaint.
Given our determination that the judge did not commit error
in finding that the abutter lacked standing to pursue his
challenge to the board' s decision, we need not address his
arguments regarding the board' s authority to grant conditional
approval of the developer ' s application or whether the
application should have been dismissed because of errors on the
application form. In any event, substantially for the reasons
set forth in Mesiti' s brief at pages 34-44, we are unpersuaded by
these contentions. 3
Judgment affirmed.
By the Court (Cowin, Cohen &
Katzmann, JJ. ) ,
/ .V Clerk
Entered: October 26, 2005
3 To the extent that we do not discuss other contentions
made by the plaintiff, they "have not been overlooked. We find
nothing in them that requires discussion. " Commonwealth v.
Domanski, 332 Mass. 66, 78 (1954).
3
12/13,`2005 1.5:27 FAX 781 416 5799
016i 016
(BEAD COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
ESSEX, ss. MISCELLANEOUS CASE
NO. 281484
BENJAMIN G. FARNUM, )
Plaintiff )
V. )
MESITI DEVELOPMENT and JOHN ) JUDGMENT OF DISMISSAL
SIMONS, ALBERTO ANGELES, )
RICHARD NARDELLA, RICHARD }
ROWEN, FILIPE SCHWARTZ and }
GEORGE WHITE,as they comprise the }
PLANNING BOARD OF NORTH )
ANDOVER, and THE TOWN OF )
NORTH-ANDOVER, )
)
Defendants }
In this action brought pursuant to G. L. c. 40A, § 17, Plaintiff appeals the North Andover Planning
Board's grant of a special pennit/site plan review to Mesiti Development also known as Mesiti
Development Corp. (Mesio) by a Notice of Decision dated May 7, 2002 (Decision). The Decision
approved the construction and maintenance of a 96-unit, age restricted, multi-family townhouse
development on a thirty-three acre parcel of land in North Andover that is adjacent to land owned by
Plaintiff.
A decision of today's date has entered in favor of Mesiti, holding that Plaintiff does not have
standing to bring an appeal under G. L. c_ 40A, § 17. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiff lacks standing to prosecute the instant action and the
court therefore lacks subject matter jurisdiction to entertain this appeal; and it is further
ADJUDGED and ORDERED that Plaintiff's Complaint is hereby dismissed.
V�By the Court. (Scheier, C.J.)
Attest:
Deborah JA. 99)84PY
Reco�cEST
Dated: June 29, 2004
Qtzcx�
RECORDER