By DAN TOMASELLO
LYNNFIELD — The Planning Board recently approved a four-lot subdivision that will be located off Lowell Street.
Lowell Street resident Linda Vallis and developer Paul Caggiano closed the sale for a portion of the 109 Lowell St. property during the last week of December. Atty. Tim Doyle represented Vallis and atty. Jay Kimball represented Caggiano.
The plan calls for Vallis retaining her lot while Caggiano will be developing four new lots as part of a subdivision called Vallis Way.
Planning Board Chair Brian Charville stated in a decision that the first public hearing for the Vallis Way definitive subdivision plan began on May 26, 2021. The Planning Board approved the definitive plan on Nov. 30, 2022. After the 20-day appeal period ended, the decision was recorded with the Essex County Registry of Deeds last month.
“It was our longest subdivision approval process in recent memory, but it resulted in one of our best products in the last several years,” said Charville in an interview with the Villager. “It took a long time to shape the project and make it a good outcome for Mrs. Vallis, Mr. Caggiano and the abutters.”
Charville recalled in the decision that the definitive subdivision plan for Vallis Way originally included six total lots, and the five new lots would have had one single-family home built on them.
“As ultimately approved, the plan calls for one existing lot to become six total lots, with four of the lots having one new single-family dwelling constructed upon it, one of the lots retaining the preexisting single-family home upon it and Lot 5 remaining perpetually preserved and not having any building or buildings upon it,” Charville stated.
Charville recalled in an interview with the Villager that Lot 5 has a wooded hill located on it. While Caggiano originally proposed blasting the hill to reduce its height in order to allow a house to be built on Lot 5, the Planning Board and Lowell Street abutters aired concerns about that proposal.
“By working collaboratively, the project went from five proposed new houses down to four,” said Charville. “That allowed us to protect the hill on the property. The hill abuts several existing homes. If there had been five new houses instead of four, it would have resulted in significant blasting to lower the hill’s height. That would have affected and disrupted the abutters. On top of and adjacent to the hill is some of the densest and most mature forest in Lynnfield. Preserving the hill will allow those trees to be preserved. The Planning Board really appreciated Mrs. Vallis and Mr. Caggiano, along with their Lynnfield-based lawyers Jay Kimball and Tim Doyle, for being open-minded and cooperative.”
Planning Board Vice Chair Kate Flaws agreed.
“It’s a good example of the board working collaboratively with the developer and property owner to prevent blasting from occurring,” said Flaws in an interview with the Villager. “We appreciate Mrs. Vallis and Mr. Caggiano’s willingness to compromise.”
Charville also noted in the decision that the Vallis Way subdivision will include a retaining wall on Lots 4 and 5.
“The design of the proposed retaining wall on Lots 4 and 5 shall be subject to review and approval by both the town engineer and Planning Board, from both the aesthetic and engineering perspectives, before the wall is constructed,” Charville stated. “The homeowners association trust shall be responsible for the perpetual care, maintenance, repair and/or replacement of the retaining wall upon project completion and street acceptance.”
Charville also noted in the decision that Caggiano will need to comply with the rules and regulations outlined in the Tree Preservation Bylaw. The Tree Bylaw requires a subdivision’s developer to either plant new trees to replace the ones that were cut down during construction or make a financial contribution to the town’s Tree Fund.
Kimball informed the Villager that the Vallis Way development team has undertaken some preliminary engineering in order to preserve some “magnificent pine trees” on the property.
Charville noted in the decision that the Planning Board approved a number of design and plan waivers for the Vallis Way subdivision. One of the design waivers will allow Caggiano to construct a dead-end street that is longer than 500-feet. The street will include a cul-de-sac.
“Reducing the number of homes and preserving the hill allowed the Planning Board to somewhat shorten the length of the street,” said Charville in an interview. “That means less land disruption and tree-clearing.”
Similar to other approved subdivisions in town and around the state, the Planning Board is requiring Caggiano to obtain a performance bond. Charville stated in the decision that the performance bond will be “serving as security for the installation of ways and any municipal services which shall be completed in accordance with applicable Subdivision Rules and Regulations of the Lynnfield Planning Board and Massachusetts General Laws Chapter 41, Section 81U.”
Charville stated in the decision that DPW Director/Tree Warden John Tomasz will be required to sign off on the approved location and species of street trees that will be planted along Vallis Way.
“Upon street acceptance, the homeowners association trust shall be responsible for the perpetual care, maintenance and/or replacement of said trees,” stated Charville.
Additionally, Charville stated that Caggiano will be required to ensure that Vallis Way complies with the “Lynnfield Scenic Roads Bylaw related to any work performed in the Lowell Street right-of-way.” The Scenic Roads Bylaw requires developers and residents to receive Planning Board approval for any work undertaken in the public right-of-way that involves stone walls or trees on Lowell Street, Chestnut Street, Essex Street, Main Street and Summer Street.
Charville stated in the decision that Caggiano will be required to submit an as-built plan and street acceptance plan to both the Planning Board and town engineer. He also noted that Town Meeting will be required to accept Vallis Way as a public way a year after the subdivision is completed.
The Board of Health will be required to issue permits for the four new homes’ respective septic systems.
Charville also noted in the decision that exterior construction, other than emergency work, is prohibited from commencing before 7 a.m. during the workweek and must conclude by 6 p.m. He stated that the earliest exterior construction could begin on Saturdays is 8 a.m. and must be wrapped up by 6 p.m.
“No exterior construction activity, other than emergency work, shall occur on Sundays,” Charville stated.
Charville also stated in the decision that the DPW will be required to issue Street Opening Permits to Caggiano “prior to commencing with any construction activities within the subdivision right-of-way.” He also noted that the DPW will be required to approve the curb cuts and entrance for Vallis Way.
Additionally, Charville stated that the Planning Board, Building Inspector Joe O’Callaghan and the next town engineer will be required to approve the four new homes’ respective roof recharge systems to make sure they comply with drainage regulations. The Planning Board, town engineer and a consultant engineer will be reviewing the stormwater management system as well.
Kimball said a start date for construction of the Vallis Way subdivision has yet to be determined.
