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FINDINGS AND DECISION
RE: Application of the North Andover Housing Authority This is to certify that twenty(20)days
for Comprehensive Permit have elapsed from date of decision,filed
without filing of an 1.
Data
DATE: September 11,2007 Joyce A.l3radsha
Town Clerk
PROCEDURAL HISTORY
1. On or about March 15,2007,the North Andover Housing Authority(hereinafter,the
Applicant), applied for a comprehensive permit from the Zoning Board of Appeals
(Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property
located 22-24 Ashland Street,in North Andover(the Application). The Applicant
proposed to construct two dwelling units in a single duplex structure"(the
"Development"). As proposed,the Development would be located on a site with
approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter,the
Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover
Zoning By-Law.
2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and
continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007.
3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit
decision was discussed Under Advisement on June 28 and September 11, 2007.
4. The following documents and exhibits were received during the public hearing:
2007-009A-Page 1 of 10
l()CTI?Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-9784388-9irl 1 Fax-978-688-9542 Web-www.tow ianorthandover.com
N-N,
From Contents Item Date
North Andover Comprehensive Permit 2007-009A Town Clerk
Housing Authority 22-24 Ashland Street(MI7P19) 3-15-07
a) Joanne M. Comerford, Ex. Dir.,NAHA letter
authorizing Raymond A. Vivenzio, Esq.
b) Applicant Memorandum
c) Ray Frieden, Dir. Bureau of Housing
Development& Construction, DHCD site
approval letter
d)Abutter's list
e) Proposed Multi-Unit Modular Housing for
the North Andover Housing Authority, DHCD
#196019, North Andover, Massachusetts,
issued for Comprehensive Permit Application,
February 1. 2007, Brown Lindquist Fenuccio &
Raber Architects, Inc., Allen&Major
Associates, Inc., TI,"Sheet I", C 1-A, L-2, A-5,
A-5.1, A-6, &A-7
North Andover Zoning Legal notice 22-24 Ashland Street Town
Board of Appeals Clerk
3-19-07
Allen& Major Proposed Multi-Unit...DHCD Project 4-2-07
Associates, Inc. #19607....04/02/07 Added Flood Zone
Information Sheet 1 & Setback Dimensions L-2
North Andover Requested Waivers 5-3-07
Housing Authority
North Andover Zoning Memo to abutters June 12, not June 8 6-4-07
Board of
Appeals
Brown Lindquist Proposed Multi-Unit...DHCD Project 5-24-07
Fenuccio & Raber #19607... Revised 5/24/07—22-24 Ashland St.
Architects, Inc. and Site Only, C 1-A, L-2, A-5, A-5.1, A-6,A-7
Allen& Major
Associates, Inc.
AIlen & Major Applicant/Owner: No. Andover Housing 7-18-07
Associates, Inc. Authority, One Morkeski Meadows,North
Andover, MA 01845,Project: Multi-Unit
Modular House, 22-24 Ashland Street,North
Andover, MA, DHCD Project#196019
2007-009A-Page 2 of 10
FINDINGS
5. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760
CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval
letter of the Department of Housing and Community Development
(DHCD) under its Chapter 705 Program dated Feb 27, 2007;
C) the Applicant alleges "control of the site" as that term is used in 760 CMR
31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69,
Page 145.
6. The Town of North Andover according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing
does not constitute more than 10%percent of the total number of dwelling units nor is
1.5%of the Town's land area in affordable housing. The Town has a plan for production
of affordable units certified by DHCD.
7. The Board retained the following consultants to assist in the review of the application:
Special legal counsel: Blatiian, Bobrowski&Mead, LLC, Concord, MA
8. The proposed development were submitted for review by the following municipal
officers or departments
1. Board of Health
2. Planning Department
3. Inspector of Buildings
4. Conservation Commission
5. Fire Department
6. Police Department
7. Department of Public Works
9. If developed in accordance with the conditions set forth herein, the proposed
Development will be consistent with local needs.
2007-009A-Page 3 of 10
11N'
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after
public hearing and findings of fact,hereby grants a comprehensive permit to the Applicant
for the construction on the Subject Property of two dwelling units in a duplex structure,
with associated infrastructure and improvements, subject to the following conditions. The
term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors,
transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning
Board of Appeals. Unless otherwise indicated herein,the Board may designate an agent
or agents to review and approve matters set forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of
record set forth below. Any change shall be governed by the provisions of 760 CMR
31.03.
Site: 22-24 Ashland Street,(Map l7,Parcel 19)North Andover,MA 10845
Site Plan Title: Applicant/Owner:No.Andover Housing Authority,One Morkeski Meadows,
North Andover,MA 01845,Project:Multi-Unit Modular House,22-24 Ashland
Street,North Andover,MA,DHCD Project#196019
Date(&Revised 03-22-06,A 01/04/07,B 01/18/07,C 02/06/07,D 05/07/07,E 05/18/07,F
Dates): 05/24/07,
G 06/08/07,H 06/13/07,107/18/07
Registered Kevin J.Kiernan,P.L.S.#40038,and Peter C.Bellantoni,C.E.#46199,Allen&
Professional Land Major
Surveyor/Civil Associates,Inc., 100 Commerce Way,P.O.Box 2118,Woburn,MA 01888-0118
Engineer:
Sheet/Drawing: I Conce tual Layout C I-A
Building Plan Title: North Andover Housing Authority,Proposed Multi-Unit Modular Housing,DHCD
Project No: 19609,22-24 Ashland Street,North Andover,MA
By: Richard Paul Fenuccio,Jr.,Registered Architect#7789,Brown Lindquist Fenuccio
Raber Architects, Inc.,203 Willow Street, Suite A,Yarmouth ort,MA 02675
Date: 9-12-05,Rev. 11/24/06, 12/05/06,04/02/07
Sheet/Drawing: L-2 Architectural/Landscape Design Plan,A-5 First Floor Plan,A-5.1, Second
Floor Plan,
A-6 Exterior Elevations&Second Floor Plan,A-7 Exterior Elevations
2. The Development shall be limited to two dwelling units and any existing structures on
the Property.
3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for
rental to households earning no more than eighty percent (80%)of the median household
income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental
2007-009A-Page 4 of 10
price for such Affordable Units shall be set at aprice affordable to households earning
seventy percent (70%)of the median household income in the Lawrence PMSA, adjusted
for household size. If the Development is funded by the New England Fund of the Federal
Home Loan Bank of Boston,pricing shall be in accordance with the "Guidelines for
Housing Programs in which Funding is Provided through a Nongovernmental Entity," as
published by the DHCD.
4. To the extent permitted by law,preference for the rental of seventy percent(70%)of
the Affordable Units in the initial lease up shall be given to persons or families who are
either(a) residents of North Andover or(b) employees, either special or municipal, of the
Town of North Andover. The local preference shall be implemented by the Applicant,
which will have responsibility for managing the Development, after consultation with the
Board. Tenants of the Affordable Units shall be selected in accordance with a tenant
selection and assignment plan and a marketing plan consistent with this preference and the
guidelines of the DHCD.
5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program
executed documents with DHCD. Such document(s) shall contain at a minimum, the
following terms:
(a) The Affordable Units shall be reserved in perpetuity or as long as the Property
is used for residential purposes,whichever is shorter,to households earning
seventy percent(70%)of the median household income for the Lawrence PMSA.
(b) The units shall be rental in perpetuity.
6. During construction,the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all
times use all reasonable means to minimize inconvenience to residents in the general area.
Exterior construction shall not commence on any day before 7:00 a.m. and shall not
continue beyond 6:00 p.m.;provided,however,that exterior construction shall not
commence on Saturday before 9:00 a.m. There shall be no exterior construction on any
Sunday or state or federal legal holiday. Hours of operation shall be enforced by the
North Andover Police Department.
7. Prior to the issuance of a building permit for any dwelling unit,the Applicant shall
submit the following final plans for approval by the Board as applicable and determined
by the Board. The Board may distribute such plan(s)to its consultants, consulting
engineers, and/or Town boards and officials for a written recommendation or report. The
cost for an outside
y reviews of these materials will be borne by the Applicant.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
2007-009A-Page 5 of 10
c. Grading plan;
d. Erosion control plan;
e. Architectural plan,including all principal and accessory structures;
f. Utilities plan including water,hydrants, gas, electric, cable, and telephone;
g. Signage plan;
h. Stormwater management plan.;
i. Snow storage and refuse disposal plan;
j. Cutting plan, showing the limits of clearing;
k. Construction management plan as required.
The Board shall make such determination and communicate same to the Applicant in
writing, specifying any objections,within seventy five (75)days of the Applicant's
submission of its proposed materials.
8. The applicant shall design such final plans with the following specifications:
a. The applicant shall conform with all pertinent requirements of the Americans
with Disabilities Act and Massachusetts Architectural Access Board, if applicable."
9. The Applicant has proposed, and the Board hereby requires,that the following aspects
of the Development shall be and shall remain the jurisdiction of the Housing Authority,
and that the Town of North Andover shall not have, now or ever, any legal responsibility
for operation, maintenance, repair or replacement of same as allowed by law:
All driveways and parking areas
Storm water management facilities
Snow plowing;
Landscaping
Street lighting
Building repair and maintenance
On-site water mains and water services
On-site sewer mains and service lines
10. The Applicant shall promptly pay the reasonable fee of the Board's consulting
engineers and/or the Board's legal counsel for review of the plans or documents described
herein or for inspections during the construction phase. The results of any inspections
2007-009A-Page 6 of 10
shall be provided to the Board in written format. The Board may require the
establishment of an escrow account to assure such payment, subject to replenishment.
11. The Board of Appeals hereby waives no fees.
12. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or
any order of the Department of Environmental Protection(DEP), either, if applicable,
regarding this property, shall be made a part of this comprehensive permit. If there is any
inconsistency between the plan of record for this permit and the plans as may be approved
by the Conservation Commission or the DEP,the Applicant shall submit an amended plan
to the and to the Conservation Commission and to DEP (if applicable) for approval in
order that all approvals are consistent with one another. Such submittal shall be made by
certified mail or in hand at a regular meeting. Said amended plan submitted to the Board
and its agents shall be accompanied by a letter setting forth any and all changes from the
submitted plan of record and shall include revised drainage calculations, if applicable.
12. No certificate of occupancy for any building shall be issued until the infrastructure or
common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building, or
adequate security has been provided,reasonably acceptable to the Board,to ensure the
completion of such improvements. The choice of performance guarantee shall be
governed by the provisions of G.L. c. 41, s. 81 U(excluding the statutory covenant which
shall not apply in this matter) and shall be approved as to form by the Board's legal
counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion
or performance guarantee.
13. Performance bonds, shall be established and released by the Zoning Board of Appeals
in accordance with the Subdivision Rules and Regulations of the Planning Board, as
determined by the Board.
14. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations,which shall be approved by the Board and/or its
agent as authorized by the Board. The Applicant shall provide a separate as-built plan
depicting the water and sewer mains and services to the Department of Public Works
demonstrating compliance with the Town's rules and regulations and installation
specifications.
15. During construction the site shall be secured in a manner approved by the Inspector of
Buildings so as to prevent injury or property damage to the residents of the Town.
16. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice, to ensure compliance with the terms of this
Decision, subject to applicable safety requirements.
2007-009A-Page 7 of 10
17. A pre-construction conference with town departments shall be held prior to the
commencement of construction. At such conference,the Board, Inspector of Buildings,
and other town officials shall review the proposed construction schedule. For the
purposes of this decision, "commencement of construction" shall occur when the clearing
and grubbing (removal of stumps and topsoil)has been initiated. The contractor shall
request such conference at least one week prior to commencing construction by contacting
the Inspector of Buildings by contacting the Board in writing in writing. At the
conference, the Applicant, the Board, and other municipal officials or boards shall agree
upon a schedule of inspections.
18. No certificate of occupancy for any building or phase shall be issued until the
infrastructure or common facilities or common improvements specified in this decision
and set forth on the plans of record are constructed and installed so as to adequately serve
said building or phase, or adequate security has been provided, reasonably acceptable to
the Board, to ensure the completion of such improvements. The choice of performance
guarantee shall be governed by the provisions of G.L. c. 41, s. 81U(excluding the
statutory covenant which shall not apply in this matter)and shall be approved as to form
by the Board's legal counsel. The Board shall notify the Building Commissioner, in
writing, of such completion or performance guarantee.
19. Performance bonds shall be released by the Board in accordance with the Subdivision
Rules and Regulations of the Planning Board as determined by the Board.
20. In determining the amount of the bond or surety,the Board shall be guided by the
following formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work;plus
b. a ten percent margin of error;plus
c. an appropriate rate of inflation over a five year period.
21. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance
with the qualifications and time schedule set forth herein specified all the
covenants, agreements, terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
and
2007-009A-Page 8 of 10
then this obligation shall be void; otherwise, it shall remain in full force and effect
and the aforesaid sum shall be paid to the Town of North Andover as liquidated
damages.
22. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations, which shall be approved by the Board or its agent.
The Applicant shall provide a separate as-built plan depicting the water mains and services
to the Department of Public Works demonstrating compliance with the Department's rules
and regulations and installation specifications.
23. The construction site shall be secured in a manner approved by the Building
Department so as to prevent injury or property damage to the residents of the Town.
24. The Applicant shall provide for the irrigation of the Development's landscaping.
25. The Town of North Andover and its agents are hereby authorized to enter upon the
Subject Property for the purpose of maintaining and repairing the water supply system and
sewer system after the connection of the systems to the public domain.
26. The Board of Appeals hereby waives no fees associated with the Development.
27. The Applicant has requested, and the Board has granted,the waivers from local rules
set forth in paragraph 28 as referenced hereto. In the event the Applicant or the Board's
consulting engineer determines, in the final design of the Project,that additional waivers,
not shown on the plans are required, the Applicant shall be required to obtain such
additional waivers after written request to the Board. The Board may grant such
additional waivers in accordance with applicable rules and regulations.
28. The Applicant has requested,and the Board of Appeals has granted, the following
waivers;
1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is
granted for two (2)residential buildings on Ashland Street, Map 17, Parcel 19.
2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the
requirement of a Special Permit for the construction of a two-family dwelling is
granted.
3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks),
and Table 2 in accordance with the following table is granted:
Street Frontage 100' To Street Frontage 83.0 feet
Front Yard Setback: 30' To Front Yard Setback: 10.0 feet
Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet
2007-009A-Page 9 of 10
4. A waiver from 8.17 a parking space shall mean an area of not �,jj f03
accessible over unobstructed driveways not less that 25 wide or a driveway 18
wide is granted.
5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is grante&t'( 't
6. A waiver from Section 10, Administration, is granted as the prcjeei1gtit'eMed by i
terms and conditions of this Comprehensive Permit.
To the extent the plans are silent on a particular issue, the appropriate Town by-law shall
apply and is not expressly waived. In the event the Applicant or the Board's consulting
engineer determines, in the final design of the Project, that additional waivers, not shown
on the plans are required, the Applicant shall be required to obtain such additional waivers
after written request to the Board. The Board may grant such additional waivers in
accordance with applicable rules and regulations.
.RECORD OF VOTE
Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following
members of the Zoning Board of Appeals voted to grant a comprehensive permit subject
to the above-stated terms:
Albert P. Manzi III Esq. Chairman
Ellen P. McIntyre Vice-Chairman
Richard J. Byers, Clerk
Joseph D. LaGrasse
Thomas D. Ip olito
Filed with the Town Clerk on o A(0 2007.
2007-009A-Page 10 of 10
Town of North Andover 'Town Clerk Time Stxnp
ZONING BOARD OFAPPEALS
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Richard 1•Byers,F^.59. t,le»e O��YLao 1.e
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Kati id R Webster � �
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Thomas D.Ippoluo o ` * t }i t l o-•.
Richard L1. Vailiancourt °wino
I1411id S. Braese, ACHUs��
FINDINGS AND DECISION
RE: Application of the North Andover Housin AuthorThis is to certify that twenty(20)days
g i ty have elapsed from date of decision,filed
for Comprehensive Permit without filing of an appeal.
Date
Joyce A.Bradshaw
DATE: September 11,2007 Town clerk
PROCEDURAL HISTORY
1. On or about March 15, 2007,the North Andover Housing Authority(hereinafter,the
Applicant), applied for a comprehensive permit from the Zoning Board of Appeals
(Board),pursuant to G.L. c. 40B, to construct an affordable housing project at property
located 22-24 Ashland Street, in North Andover(the Application). The Applicant
proposed to construct two dwelling units in a single duplex structure"(the
"Development"). As proposed,the Development would be located on a site with
approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter,the
Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover
Zoning By-Law.
2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and
continued to the following dates: May 3, 2007, May 9, 2007,and June 12,2007.
3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit
decision was discussed Under Advisement on June 28 and September 11, 2007.
4. The following documents and exhibits were received during the public hearing:
2007-009A-Page 1 of 10
1000 Osaood Street,Building 20-Suiten-36,North Andover,Massachusetts 01845
Phone-978-088-954 i Fax-978-688-9542 Web-wevw.towno1horthandovcr.com
t1r�
From Contents Item Date
North Andover Comprehensive Permit 2007-009A Town Clerk
Housing Authority 22-24 Ashland Street(MI7P19) 3-15-07
a) Joanne M. Comerford, Ex. Dir.,NAHA letter
authorizing Raymond A. Vivenzio, Esq.
b)Applicant Memorandum
c) Ray Frieden, Dir. Bureau of Housing
Development& Construction, DHCD site
approval letter
d) Abutter's list
e) Proposed Multi-Unit Modular Housing for
the North Andover Housing Authority, DHCD
#196019, North Andover, Massachusetts,
issued for Comprehensive Permit Application,
February 1. 2007, Brown Lindquist Fenuccio &
Raber Architects, Inc., Allen& Major
Associates, Inc., TI, "Sheet I", C 1-A, L-2,A-5,
A-5.1, A-6, &A-7
North Andover Zoning Legal notice 22-24 Ashland Street Town
Board of Appeals Clerk
3-19-07
Allen& Major Proposed Multi-Unit...DHCD Project 4-2-07
Associates, Inc. #19607....04/02/07 Added Flood Zone
Information Sheet 1 & Setback Dimensions L-2
North Andover Requested Waivers 5-3-07
Housing Authority
North Andover Zoning Memo to abutters June 12, not June 8 6-4-07
Board of
Appeals
Brown Lindquist Proposed Multi-Unit...DHCD Project 5-24-07
Fenuccio & Raber #19607... Revised 5/24/07—22-24 Ashland St.
Architects, Inc. and Site Only, Cl-A, L-2,A-5,A-5.1, A-6, A-7
Allen& Major
Associates, Inc.
Allen& Major Applicant/Owner: No.Andover Housing 7-18-07
Associates, Inc. Authority, One Morkeski Meadows,North
Andover, MA 01845, Project: Multi-Unit
Modular House, 22-24 Ashland Street,North
Andover, MA, DHCD Project#196019
2007-009A-Page 2 of 10
FINDINGS
5. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760
CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval
letter of the Department of Housing and Community Development
(DHCD)under its Chapter 705 Program dated Feb 27, 2007;
C) the Applicant alleges "control of the site"as that term is used in 760 CMR
31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69,
Page 145.
6. The Town of North Andover according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing
does not constitute more than 10%percent of the total number of dwelling units nor is
1.5% of the Town's land area in affordable housing. The Town has a plan for production
of affordable units certified by DHCD.
7. The Board retained the following consultants to assist in the review of the application:
Special legal counsel: Blatman, Bobrowski&Mead, LLC, Concord, MA
8. The proposed development were submitted for review by the following municipal
officers or departments
1. Board of Health
2. Planning Department
3. Inspector of Buildings
4. Conservation Commission
5. Fire Department
6. Police Department
7. Department of Public Works
9. If developed in accordance with the conditions set forth herein,the proposed
Development will be consistent with local needs.
2007-009A-Page 3 of 10
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after
public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant
for the construction on the Subject Property of two dwelling units in a duplex structure,
with associated infrastructure and improvements, subject to the following conditions. The
term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors,
transferees, and assigns. The term "Board" as set forth herein shall mean the Zoning
Board of Appeals. Unless otherwise indicated herein,the Board may designate an agent
or agents to review and approve matters set forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of
record set forth below. Any change shall be governed by the provisions of 760 CMR
31.03.
Site: 22-24 Ashland Street,(Map 17,Parcel 19)North Andover,MA 10845
Site Plan Title: Applicant/Owner:No.Andover Housing Authority,One Morkeski Meadows,
North Andover,MA 01845,Project: Multi-Unit Modular House,22-24 Ashland
Street,North Andover,MA,DHCD Project#196019
Date(&Revised 03-22-06,A 01/04/07,B 01/18/07,C 02/06/07,D 05/07/07,E 05/18/07,F
Dates): 05/24/07,
G 06/08/07,H 06/13/07, 107/18/07
Registered Kevin J.Kiernan,P.L.S.#40038,and Peter C.Bellantoni,C. E.#46199,Allen&
Professional Land Major
Surveyor/Civil Associates, Inc., 100 Commerce Way,P.O.Box 2118,Woburn,MA 01888-0118
Engineer:
Sheet/Drawing: Conceptual La out C1-A
Building Plan Title: North Andover Housing Authority,Proposed Multi-Unit Modular Housing,DHCD
Project No: 19609,22-24 Ashland Street,North Andover,MA
By: Richard Paul Fenuccio,Jr.,Registered Architect#7789,Brown Lindquist Fenuccio
Raber Architects,Inc.,203 Willow Street, Suite A,Yarmouth ort,MA 02675
Date: 9-12-05,Rev. 11724/06, 12/05/06,04/02/07
Sheet/Drawing: L-2 Architectural/Landscape Design Plan,A-5 First Floor Plan,A-5.1,Second
Floor Plan,
A-6 Exterior Elevations&Second Floor Plan,A-7 Exterior Elevations
2. The Development shall be limited to two dwelling units and any existing structures on
the Property.
3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for
rental to householdso
earning no more than eighty percent(SO/o) of the median household
income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental
2007-009A-Page 4 of 10
price for such Affordable Units shall be set at a price affordable to households earning
seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted
for household size. If the Development is funded by the New England Fund of the Federal
Home Loan Bank of Boston,pricing shall be in accordance with the "Guidelines for
Housing Programs in which Funding is Provided through a Nongovernmental Entity," as
published by the DHCD.
4. To the extent permitted by law,preference for the rental of seventy percent(70%) of
the Affordable Units in the initial lease up shall be given to persons or families who are
either(a) residents of North Andover or(b) employees, either special or municipal, of the
Town of North Andover. The local preference shall be implemented by the Applicant,
which will have responsibility for managing the Development, after consultation with the
Board. Tenants of the Affordable Units shall be selected in accordance with a tenant
selection and assignment plan and a marketing plan consistent with this preference and the
guidelines of the DHCD.
5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program
executed documents with DHCD. Such document(s) shall contain at a minimum, the
following terms:
(a) The Affordable Units shall be reserved in perpetuity or as long as the Property
is used for residential purposes, whichever is shorter,to households earning
seventy percent(70%)of the median household income for the Lawrence PMSA.
(b) The units shall be rental in perpetuity.
6. During construction, the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all
times use all reasonable means to minimize inconvenience to residents in the general area.
Exterior construction shall not commence on any day before 7:00 a.m. and shall not
continue beyond 6:00 p.m.;provided, however,that exterior construction shall not
commence on Saturday before 9:00 a.m. There shall be no exterior construction on any
Sunday or state or federal legal holiday. Hours of operation shall be enforced by the
North Andover Police Department.
7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall
submit the following final plans for approval by the Board as applicable and determined
by the Board. The Board may distribute such plan(s)to its consultants, consulting
engineers, and/or Town boards and officials for a written recommendation or report. The
cost for any outside reviews of these materials will be borne by the Applicant.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
2007-009A-Page 5 of 10
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
f. Utilities plan including water, hydrants, gas, electric, cable, and telephone;
g. Signage plan;
h. Stormwater management plan.;
i. Snow storage and refuse disposal plan;
j. Cutting plan, showing the limits of clearing;
k. Construction management plan as required.
The Board shall make such determination and communicate same to the Applicant in
writing, specifying any objections, within seventy five (75)days of the Applicant's
submission of its proposed materials.
8. The applicant shall design such final plans with the following specifications:
a. The applicant shall conform with all pertinent requirements of the Americans
with Disabilities Act and Massachusetts Architectural Access Board, if applicable."
9. The Applicant has proposed, and the Board hereby requires,that the following aspects
of the Development shall be and shall remain the jurisdiction of the Housing Authority,
and that the Town of North Andover shall not have,now or ever,any legal responsibility
for operation, maintenance, repair or replacement of same as allowed by law:
All driveways and parking areas
Storm water management facilities
Snow plowing;
Landscaping
Street lighting
Building repair and maintenance
On-site water mains and water services
On-site sewer mains and service lines
10. The Applicant shall promptly pay the reasonable fee of the Board's consulting
engineers and/or the Board's legal counsel for review of the plans or documents described
herein or for inspections during the construction phase. The results of any inspections
2007-009A-Page 6 of 10
shall be provided to the Board in written format. The Board may require the
establishment of an escrow account to assure such payment, subject to replenishment.
11. The Board of Appeals hereby waives no fees.
12. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or
any order of the Department of Environmental Protection(DEP), either, if applicable,
regarding this property, shall be made a part of this comprehensive permit. If there is any
inconsistency between the plan of record for this permit and the plans as may be approved
by the Conservation Commission or the DEP,the Applicant shall submit an amended plan
to the and to the Conservation Commission and to DEP(if applicable) for approval in
order that all approvals are consistent with one another. Such submittal shall be made by
certified mail or in hand at a regular meeting. Said amended plan submitted to the Board
and its agents shall be accompanied by a letter setting forth any and all changes from the
submitted plan of record and shall include revised drainage calculations, if applicable.
12. No certificate of occupancy for any building shall be issued until the infrastructure or
common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building, or
adequate security has been provided, reasonably acceptable to the Board,to ensure the
completion of such improvements. The choice of performance guarantee shall be
governed by the provisions of G.L. c. 41, s. 81U(excluding the statutory covenant which
shall not apply in this matter) and shall be approved as to form by the Board's legal
counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion
or performance guarantee.
13. Performance bonds, shall be established and released by the Zoning Board of Appeals
in accordance with the Subdivision Rules and Regulations of the Planning Board, as
determined by the Board.
14. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations,which shall be approved by the Board and/or its
agent as authorized by the Board. The Applicant shall provide a separate as-built plan
depicting the water and sewer mains and services to the Department of Public Works
demonstrating compliance with the Town's rules and regulations and installation
specifications.
15. During construction the site shall be secured in a manner approved by the Inspector of
Buildings so as to prevent injury or property damage to the residents of the Town.
16. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice,to ensure compliance with the terms of this
Decision, subject to applicable safety requirements.
2007-009A-Page 7 of 10
17. A pre-construction conference with town departments shall be held prior to the
commencement of construction. At such conference, the Board, Inspector of Buildings,
and other town officials shall review the proposed construction schedule. For the
purposes of this decision, "commencement of construction" shall occur when the clearing
and grubbing (removal of stumps and topsoil)has been initiated. The contractor shall
request such conference at least one week prior to commencing construction by contacting
the Inspector of Buildings by contacting the Board in writing in writing. At the
conference, the Applicant, the Board, and other municipal officials or boards shall agree
upon a schedule of inspections.
18. No certificate of occupancy for any building or phase shall be issued until the
infrastructure or common facilities or common improvements specified in this decision
and set forth on the plans of record are constructed and installed so as to adequately serve
said building or phase, or adequate security has been provided, reasonably acceptable to
the Board, to ensure the completion of such improvements. The choice of performance
guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the
statutory covenant which shall not apply in this matter)and shall be approved as to form
by the Board's legal counsel.The Board shall notify the Building Commissioner, in
writing, of such completion or performance guarantee.
19. Performance bonds shall be released by the Board in accordance with the Subdivision
Rules and Regulations of the Planning Board as determined by the Board.
20. In determining the amount of the bond or surety,the Board shall be guided by the
following formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work;plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
21. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance
with the qualifications and time schedule set forth herein specified all the
covenants, agreements,terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
and
2007-009A-Page 8 of 10
then this obligation shall be void; otherwise, it shall remain in full force and effect
and the aforesaid sum
shall
be paid to the Town of North Andover as liquidated
damages.
22. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations, which shall be approved by the Board or its agent.
The Applicant shall provide a separate as-built plan depicting the water mains and services
to the Department of Public Works demonstrating compliance with the Department's rules
and regulations and installation specifications.
23. The construction site shall be secured in a manner approved by the Building
Department so as to prevent injury or property damage to the residents of the Town.
24. The Applicant shall provide for the irrigation of the Development's landscaping.
25. The Town of North Andover and its agents are hereby authorized to enter upon the
Subject Property for the purpose of maintaining and repairing the water supply system and
sewer system after the connection of the systems to the public domain.
26. The Board of Appeals hereby waives no fees associated with the Development.
27. The Applicant has requested, and the Board has granted, the waivers from local rules
set forth in paragraph 28 as referenced hereto. In the event the Applicant or the Board's
consulting engineer determines, in the final design of the Project, that additional waivers,
not shown on the plans are required, the Applicant shall be required to obtain such
additional waivers after written request to the Board. The Board may grant such
additional waivers in accordance with applicable rules and regulations.
28. The Applicant has requested, and the Board of Appeals has granted, the following
waivers;
1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is
granted for two (2)residential buildings on Ashland Street, Map 17, Parcel 19.
2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the
requirement of a Special Permit for the construction of a two-family dwelling is
granted.
3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks),
and Table 2 in accordance with the following table is granted:
Street Frontage 100' To Street Frontage 83.0 feet
Front Yard Setback: 30' To Front Yard Setback: 10.0 feet
Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet
2007-009A-Page 9 of 10
4. A waiver from 8.17 a parking space shall mean an area of notA � J
accessible over unobstructed driveways not less that 25 wide for a riveY wa 18
wide is granted.
5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is grantac t,i G
6. A waiver from Section 10, Administration, is granted as the projee 'g6Ve'h"ied by'
terms and conditions of this Comprehensive Permit.
To the extent the plans are silent on a particular issue, the appropriate Town by-law shall
apply and is not expressly waived. In the event the Applicant or the Board's consulting
engineer determines, in the final design of the Project,that additional waivers, not shown
on the plans are required, the Applicant shall be required to obtain such additional waivers
after written request to the Board. The Board may grant such additional waivers in
accordance with applicable rules and regulations.
RECORD OF VOTE
Upon a motion by Joseph D.LaGrasse and seconded by Richard J. Byers, the following
members of the Zoning Board of Appeals voted to grant a comprehensive permit subject
to the above-stated terms:
Albert P. Manzi III Esq., Chairman
Ellen P. McIntyre Vice-Chairman
Richard J. Byers Clerk
Joseph D. LaGrasse
Thomas D. Ippolito
Filed with the Town Clerk on /a (o 92007.
2007-009A-Page 10 of 10
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS , -C_EIVED
Albert P.Manzi 111,Esq. Chairman
Ellen P.McIntyre, Vice-Gairman
Richard J.Byers,Esq. Clerk 32.
2007 OCT 26 PH 1: 03
.1 6
Josepli D.LaGrasse 0
David R.Webster
Asswiate Members
NORTil MIIDOVEi
Thomas D.Ippolito
Richard M.Vaillancouit
'#Area
Daniel S.Braese,Esq, 9sSgcHu
FINDINGS AND DECISION
RE: Application of the North Andover Housing Authority
for Comprehensive Permit
DATE: September 11,2007
PROCEDURAL HISTORY
1. On or about March 15, 2007,the North Andover Housing Authority(hereinafter,the
Applicant), applied for a comprehensive permit from the Zoning Board of Appeals
(Board), pursuant to G.L. c. 40B,to construct an affordable housing project at property
located 22-24 Ashland Street, in North Andover(the Application). The Applicant
proposed to construct two dwelling units in a single duplex structure "(the
"Development"). As proposed,the Development would be located on a site with
approximately 25,926 square feet of land being Map 0 17.0, Block 0019 (hereinafter,the
Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover
Zoning By-Law.
2. A duly advertised public hearing was opened on Tuesday,April 10, 2007, and
continued to the following dates: May 3, 2007, May 9, 2007, and June 12,2007.
3. The public hearing was terminated on Tuesday, June 12,2007 and the Comprehensive Permit
decision was discussed Under Advisement on June 28 and September 11, 2007.
4. The following documents and exhibits were received during the public hearing:
2007-009A-Page I of 10
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Masswhusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordiandover.com
From Contents Item Date
North Andover Comprehensive Permit 2007-009A Town Clerk
Housing Authority 22-24 Ashland Street(MI7P19) 3-15-07
a)Joanne M. Comerford, Ex. Dir.,NAHA letter
authorizing Raymond A. Vivenzio,Esq.
b)Applicant Memorandum
c)Ray Frieden, Dir. Bureau of Housing
Development& Construction,DHCD site
approval letter
d)Abutter's list
e)Proposed Multi-Unit Modular Housing for
the North Andover Housing Authority, DHCD
#196019,North Andover, Massachusetts,
issued for Comprehensive Permit Application,
February 1. 2007, Brown Lindquist Fenuccio &
Raber Architects, Inc., Allen& Major
Associates, Inc., TI, "Sheet 1", C1-A, L-2, A-5,
A-5.1, A-6, &A-7
North Andover Zoning Legal notice 22-24 Ashland Street Town
Board of Appeals Clerk
3-19-07
Allen& Major Proposed Multi-Unit...DHCD Project 4-2-07
Associates, Inc. #19607....04/02/07 Added Flood Zone
Information Sheet I & Setback Dimensions L-2
North Andover Requested Waivers 5-3-07
Housing Authority
North Andover Zoning Memo to abutters June 12, not June 8 6-4-07
Board of
Appeals
Brown Lindquist Proposed Multi-Unit...DHCD Project 5-24-07
Fenuccio & Raber #19607... Revised 5/24/07-22-24 Ashland St.
Architects, Inc. and Site Only, C1-A, L-2,A-5,A-5.1, A-6, A-7
Allen&Major
Associates, Inc.
Allen& Major Applicant/Owner:No. Andover Housing 7-18-07
Associates, Inc. Authority, One Morkeski Meadows,North
Andover, MA 01845,Project: Multi-Unit
Modular House, 22-24 Ashland Street,North
Andover, MA,DHCD Project#196019
2007-009A-Page 2 of 10
FINDINGS
5. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760
CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval
letter of the Department of Housing and Community Development
(DHCD)under its Chapter 705 Program dated Feb 27,2007;
c) the Applicant alleges "control of the site" as that term is used in 760 CMR
31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69,
Page 145.
6. The Town of North Andover according to the DHCD,has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing
does not constitute more than 10%percent of the total number of dwelling units nor is
1.5%of the Town's land area in affordable housing. The Town has a plan for production
of affordable units certified by DHCD.
7. The Board retained the following consultants to assist in the review of the application:
Special legal counsel: Blatman, Bobrowski&Mead, LLC, Concord, MA
8. The proposed development were submitted for review by the following municipal
officers or departments
1. Board of Health
2. Planning Department
3. Inspector of Buildings
4. Conservation Commission
5. Fire Department
6. Police Department
7. Department of Public Works
9. If developed in accordance with the conditions set forth herein, the proposed
Development will be consistent with local needs.
2007-009A-Page 3 of 10
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after
public hearing and findings of fact,hereby grants a comprehensive permit to the Applicant
for the construction on the Subject Property of two dwelling units in a duplex structure,
with associated infrastructure and improvements,subject to the following conditions. The
term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors,
transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning
Board of Appeals. Unless otherwise indicated herein,the Board may designate an agent
or agents to review and approve matters set forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of
record set forth below. Any change shall be governed by the provisions of 760 CMR
31.03.
Site: 22-24 Ashland Street,(Map 17,Parcel 19)North Andover,MA 10845
Site Plan Title: Applicant/Owner:No.Andover Housing Authority,One Morkeski Meadows,
North Andover,MA 01845,Project:Multi-Unit Modular House,22-24 Ashland
Street,North Andover,MA,DHCD Project 4196019
Date(&Revised 03-22-06,A 01/04/07,B 01/18/07,C 02/06/07,D 05/07/07,E 05/18/07,F
Dates): 05/24/07,
G 06/08/07,H 06/13/07,107/18/07
Registered Kevin J.Kiernan,P.L.S.#40038,and Peter C.Bellantoni,C.E.#46199,Allen&
Professional Land Major
Surveyor/Civil Associates,Inc., 100 Commerce Way,P.O.Box 2118,Woburn,MA 01888-0118
Engineer:
Sheet/Drawing: Conceptual Layout C1-A
Building Plan Title: North Andover Housing Authority,Proposed Multi-Unit Modular Housing,DHCD
Project No: 9609,22-24 Ashland Street,North Andover,MA
By: Richard Paul Fenuccio,Jr.,Registered Architect#7789,Brown Lindquist Fenuccio
Raber Architects,Inc.,203 Willow Street,Suite A,Yarmouth ort,MA 02675
Date: 9-12-05,Rev. 11/24/06, 12/05/06,04/02/07
Sheet/Drawing: L-2 Architectural/Landscape Design Plan,A-5 First Floor Plan,A-5.1,Second
Floor Plan,
A-6 Exterior Elevations&Second Floor Plan,A-7 Exterior Elevations
2. The Development shall be limited to two dwelling units and any existing structures on
the Property.
3. Both of the dwelling units(the "Affordable Units"), shall be reserved in perpetuity for
rental to households earning no more than eighty percent(80%)of the median household
income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental
2007-009A-Page 4 of 10
price for such Affordable Units shall be set at a price affordable to households earning
seventy percent(70%) of the median household income in the Lawrence PMSA, adjusted
for household size. If the Development is funded by the New England Fund of the Federal
Home Loan Bank of Boston,pricing shall be in accordance with the "Guidelines for
Housing Programs in which Funding is Provided through a Nongovernmental Entity," as
published by the DHCD.
4. To the extent permitted by law, preference for the rental of seventy percent(70%)of
the Affordable Units in the initial lease up shall be given to persons or families who are
either(a) residents of North Andover or(b)employees, either special or municipal, of the
Town of North Andover. The local preference shall be implemented by the Applicant,
which will have responsibility for managing the Development, after consultation with the
Board. Tenants of the Affordable Units shall be selected in accordance with a tenant
selection and assignment plan and a marketing plan consistent with this preference and the
guidelines of the DHCD.
5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program
executed documents with DHCD. Such document(s) shall contain at a minimum, the
following terms:
(a) The Affordable Units shall be reserved in perpetuity or as long as the Property
is used for residential purposes, whichever is shorter,to households earning
seventy percent(70%)of the median household income for the Lawrence PMSA.
(b) The units shall be rental in perpetuity.
6. During construction,the Applicant shall conform with all local,state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all
times use all reasonable means to minimize inconvenience to residents in the general area.
Exterior construction shall not commence on any day before 7:00 a.m. and shall not
continue beyond 6:00 p.m.;provided,however,that exterior construction shall not
commence on Saturday before 9:00 a.m. There shall be no exterior construction on any
Sunday or state or federal legal holiday. Hours of operation shall be enforced by the
North Andover Police Department.
7. Prior to the issuance of a building permit for any dwelling unit,the Applicant shall
submit the following final plans for approval by the Board as applicable and determined
by the Board. The Board may distribute such plan(s)to its consultants, consulting
engineers, and/or Town boards and officials for a written recommendation or report. The
cost for any outside reviews of these materials will be borne by the Applicant.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
2007-009A-Page 5 of 10
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
f. Utilities plan including water,hydrants, gas, electric, cable, and telephone;
g. Signage plan;
h. Stormwater management plan.;
i. Snow storage and refuse disposal plan;
j. Cutting plan,showing the limits of clearing;
k. Construction management plan as required.
The Board shall make such determination and communicate same to the Applicant in
writing, specifying any objections,within seventy five(75)days of the Applicant's
submission of its proposed materials.
8. The applicant shall design such final plans with the following specifications:
a. The applicant shall conform with all pertinent requirements of the Americans
with Disabilities Act and Massachusetts Architectural Access Board, if applicable."
9. The Applicant has proposed, and the Board hereby requires,that the following aspects
of the Development shall be and shall remain the jurisdiction of the Housing Authority,
and that the Town of North Andover shall not have, now or ever,any legal responsibility
for operation, maintenance,repair or replacement of same as allowed by law:
All driveways and parking areas
Storm water management facilities
Snow plowing;
Landscaping
Street lighting
Building repair and maintenance
On-site water mains and water services
On-site sewer mains and service lines
10. The Applicant shall promptly pay the reasonable fee of the Board's consulting
engineers and/or the Board's legal counsel for review of the plans or documents described
herein or for inspections during the construction phase. The results of any inspections
2007-009A-Page 6 of 10
shall be provided to the Board in written format. The Board may require the
establishment of an escrow account to assure such payment, subject to replenishment.
11. The Board of Appeals hereby waives no fees.
12. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or
any order of the Department of Environmental Protection(DEP), either, if applicable,
regarding this property, shall be made a part of this comprehensive permit. If there is any
inconsistency between the plan of record for this permit and the plans as may be approved
by the Conservation Commission or the DEP,the Applicant shall submit an amended plan
to the and to the Conservation Commission and to DEP(if applicable)for approval in
order that all approvals are consistent with one another. Such submittal shall be made by
certified mail or in hand at a regular meeting. Said amended plan submitted to the Board
and its agents shall be accompanied by a letter setting forth any and all changes from the
submitted plan of record and shall include revised drainage calculations, if applicable.
12. No certificate of occupancy for any building shall be issued until the infrastructure or
common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building, or
adequate security has been provided, reasonably acceptable to the Board,to ensure the
completion of such improvements. The choice of performance guarantee shall be
governed by the provisions of G.L. c. 41, s. 8 1 U(excluding the statutory covenant which
shall not apply in this matter) and shall be approved as to form by the Board's legal
counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion
or performance guarantee.
13. Performance bonds, shall be established and released by the Zoning Board of Appeals
in accordance with the Subdivision Rules and Regulations of the Planning Board,as
determined by the Board.
14. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations,which shall be approved by the Board and/or its
agent as authorized by the Board. The Applicant shall provide a separate as-built plan
depicting the water and sewer mains and services to the Department of Public Works
demonstrating compliance with the Town's rules and regulations and installation
specifications.
15. During construction the site shall be secured in a manner approved by the Inspector of
Buildings so as to prevent injury or property damage to the residents of the Town.
16. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice,to ensure compliance with the terms of this
Decision, subject to applicable safety requirements.
2007-009A-Page 7 of 10
17. Are-
p construction conference with town departments shall be held prior to.the
commencement of construction. At such conference,the Board, Inspector of Buildings,
and other town officials shall review the proposed construction schedule. For the
purposes of this decision, "commencement of construction" shall occur when the clearing
and grubbing(removal of stumps and topsoil)has been initiated. The contractor shall
request such conference at least one week prior to commencing construction by contacting
the Inspector of Buildings by contacting the Board in writing in writing. At the
conference, the Applicant,the Board, and other municipal officials or boards shall agree
upon a schedule of inspections.
18. No certificate of occupancy for any building or phase shall be issued until the
infrastructure or common facilities or.common improvements specified in this decision
and set forth on the plans of record are constructed and installed so as to adequately serve
said building or phase, or adequate security has been provided,reasonably acceptable to
the Board, to ensure the completion of such improvements. The choice of performance
guarantee shall be governed by the provisions of G.L. c. 41,s. 81U (excluding the
statutory covenant which shall not apply in this matter)and shall be approved as to form
by the Board's legal counsel. The Board shall notify the Building Commissioner, in
writing, of such completion or performance guarantee.
19. Performance bonds shall be released by the Board in accordance with the Subdivision
Rules and Regulations of the Planning Board as determined by the Board.
20. In determining the amount of the bond or surety,the Board shall be guided by the
following formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work;plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
21. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance
with the qualifications and time schedule set forth herein specified all the
covenants, agreements,terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
and
2007-009A-Page 8 of 10
then this obligation shall be void; otherwise, it shall remain in full force and effect
and the aforesaid sum shall be paid to the Town of North Andover as liquidated
damages.
22. The Applicant shall provide an "as-built" plan to the Board and Building Department
prior to the issuance of the final certificate of occupancy in the Development in
accordance with applicable regulations,which shall be approved by the Board or its agent.
The Applicant shall provide a separate as-built plan depicting the water mains and services
to the Department of Public Works demonstrating compliance with the Department's rules
and regulations and installation specifications.
23. The construction site shall be secured in a manner approved by the Building
Department so as to prevent injury or property damage to the residents of the Town.
24. The Applicant shall provide for the irrigation of the Development's landscaping.
25. The Town of North Andover and its agents are hereby authorized to enter upon the
Subject Property for the purpose of maintaining and repairing the water supply system and
sewer system after the connection of the systems to the public domain.
26. The Board of Appeals hereby waives no fees associated with the Development.
27. The Applicant has requested, and the Board has granted,the waivers from local rules
set forth in paragraph 28 as referenced hereto. In the event the Applicant or the Board's
consulting engineer determines, in the final,design of the Project,that additional waivers,
not shown on the plans are required,the Applicant shall be required to obtain such
additional waivers after written request to the Board. The Board may grant such
additional waivers in accordance with applicable rules and regulations.
28. The Applicant has requested, and the Board of Appeals has granted,the following
waivers;
1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is
granted for two (2)residential buildings on Ashland Street, Map 17, Parcel 19.
2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the
requirement of a Special Permit for the construction of a two-family dwelling is
granted.
3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks),
and Table 2 in accordance with the following table is granted:
Street Frontage 100' To Street Frontage 83.0 feet
Front Yard Setback: 30' To Front Yard Setback: 10.0 feet
Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet
2007-009A-Page 9 of 10
t CEIV . �+
u !"
4. A waiver from 8.17 aparking space shall mean an area of notj03
accessible over unobstructed driveways not less that 25 wide floorea'TiRveway 18
wide is granted. 6 0"';N 0
5. A waiver from Section 8 Paragraph 8.3 Site Plan Review is grant ARTH A 3 0-v E
6. A waiver from Section 10,Administration, is granted as the projeeie by
terms and conditions of this Comprehensive Permit.
To the extent the plans are silent on a particular issue,the appropriate Town by-law shall
apply and is not expressly waived. In the event the Applicant or the Board's consulting
engineer determines, in the final design of the Project,that additional waivers, not shown
on the plans are required, the Applicant shall be required to obtain such additional waivers
after written request to the Board. The Board may grant such additional waivers in
accordance with applicable rules and regulations.
RECORD OF VOTE
Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers,the following
members of the Zoning Board of Appeals voted to grant a comprehensive permit subject
to the above-stated terms:
Albert P. Manzi, III, Esq., Chairman at
Ellen P. McIntyre, Vice-Chairman
Richard J. Byers, Clerk
Joseph D. LaGrasse
Thomas D. Ippolito
Filed with the Town Clerk on /a AL f� , 2007.
2007-009A-Page 10 of 10
Town Clerk Time Stamp
Town of North Andover K E 1 E D
ZONING BOARD OF APPEALS T Will ^EF Pi > , r.
Albert P.Manzi III,Esq.Chairman
C Ir
Ellen P.McIntyre, [ice-Chairman cf NORTH
�y.o qti
Richard J.Byers,Esq.Clerk 3� bt< .6 o0L 2001 MAR 19 PM 2: 4
Joseph D.LaGrasse O
David R.Webster
Associate Members! 41 * ', s3
Thomas D.IppohtQ i S. 4,
Richard M.Vaillancourt
Daniel S.Braese,Esq. 9SSgeHus��
Legal Notice
North Andover,Zoning Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing in the
Meeting Room of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 10a`
of April, 2007 at 7:30 pm to all parties interested in the application of the North
Andover Housing Authority,310 Greene Street, for premises at: 22-24 Ashland Street
(Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a
Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law
(M.G.L., c. 40B, §§20-23)and the Town of North Andover Comprehensive Permit Rules
and Regulations of the Zoning Board of Appeals(the"Local Rules"). The proposed
development is for a second two-f tmily three-bedroom rental dwelling, one unit of which
will be handicapped-accessible,located on a.59-acre parcel of land with a Chapter 705
(M.G.L., c. 121B, §26)grant from the Department of Housing and Community
Development.
The said premise affected is property with frontage on the Northwest side of Ashland
Street within:the Residential 4(R-4)zoning district.
Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street,
North Andover, MA Monday through Friday from the hours of 9:30 AM to 4:30 PM.
By order of the Board of Appeals
Albert P.Manzi,III,Esq., Chairman
Published in the Eagle-Tribune on March 26&April 2,2007,
Legal Notice 2007-009A.
M17P19.
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
y J'.
TOWN OF NORTH ANDOVER SPECIAL PERMIT
GGIVED
ZONING BOARD OF APPEALS T :' wF .: �, � ,sur
NAME North Andover Housing- Authority '
ADDRESS OF APPEAL 22-24 'Ashland street
T ioFa rfr
Procedure & Requirements for !tl �T 0R(T* H �`,r"
lZ) J r.1�
1.Ea 4i
an Application for a Special
Permit
Ten (i o)copies of the foilowing information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in`a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and
The information herein is an abstract of more specific for publication in the newspaper. The petitioner is
requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the
Regulations and is not meant to supersede them._The cost of the Party in Interest fee.
petitioner will complete items that are underlined.
STEP 7* DELNBRY OF LEGAL NOTICE TO
STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner applies for a Building PermiC`and ' The petitioner picks up the legal notice from the Office
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal
Building Commissioner, notice to the local newspaper for publication.
STEP 2• SPECIAL PERMIT APPLICATION FORM STEP a: PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf,or be
as required in items 1 through and Including 11 shall be represented by an agent or attorney. in the absence of
completed. any appearance without due cause onbehalf of the
petition,the Board shall decide on the matter by using
STEP 3: PLAN PREPARATION: the information it has received to date.
Petitioner submits all of the required pian information as STEP 9: DECISION:
cited in Section 10 page 4 of this form.
After the hearing, a copy of the Board's decision will be
STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's
.Office to compile . decision may be made pursuant to Massachusetts
The petitioner requests the Assessors
ch.40A se
General La
a.certified list-of-Parties-in irrt�reaL(abutters): ver c. 17,within twenty(20)days
__.afCerrtt�tfectsiotris-filect wFth-ihe-Town-8 .--
STEPS: SUBMIT APPLICATION• �a�^w ewD P N$
Petitioner submits one(1)original and 10 Xerox copies STEP 10 RECORDING THE_DECIS
T Clerk's Office The petitioner is responsible for recording certification of
of all the required information to the own
to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the
of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds,381 Common
Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification
Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of
Appeals and the Building Department..
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. 6 Services North Andover Town Hall
1600 Osgood St., Bldg.20, Suite 2-36 120 Main Street
North Andover, MA 01845 North Andover, MA 01845
gft480-a'#4t for all Community Development offices
8-688-9545 Building Department 978-688-9501 Town Clerk's Office
MAK c u u, 8-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office
PAGE 1 of 4
BOARD OF APPEALS
PAGE 2 OF 4 Date&Time
Stamp
Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number.
North Andover Housing Authority, 310 Greene Street
North Andover, MA 01845 Tel . ( 978) 682-3932
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name-, Address and Telephone number and number of
years under this ownership:
North Andover Housing Authority, 310 Greeno'�.;5treet
North Andover, MA 01845 .T-0-1:, J978)978) :682-39:32
Years Owmed Land 21 years
3. Location of Property:
a. Street: 22-24 Ashland Street Zoning District.. R-4
b. Assessors: Map number 017. 0 Lot Number:B l ock 0019, Lot 0000 . 0
c. Registry of Deeds: Book.Number` 69 Page Number: 14 5
4. By-Law Sections under which the petition for the Special Permit is made.
Comprehensive Permit under General Laws, Chapter 40B
*Refer to the Permit Denial and Zoning ey- plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request
Permit under G.L. c40B to erect a two ( 2). family dwelling upon premises
which now contain an existing two ( 2) family dwelling. There will be a
total of four ( 4 ) units thereafter.T:Applicant requests waivers from
local bylaws , ordinances, rules and regulations , and also from any and
all other local laws that may be applicable.
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is
required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
6A. Existing Lots)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Cover NR
Feet Spaces Front Side A Side B Rear
25 , 926 N/A N�A % 83 4
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
25 , 926 N/A N/A % R1 R 9. 6 6.8 32. 9 261 . 8
6C. Required Lot: (As required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot: Frontage Parking Minimum Lot`Setback
Sq. Ft. t. r
/A Co,Cov age Feet Spaces Front Side A Side B Re
12, 500 NIA N % 100 8 30 15 15 30
7A. Existing Building(s):`
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building" of Units-
2 Residential 2
*Reference Uses from the Zoning Bylaws 8 Table 1.
**State number of units in building.
7B. Proposed Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet: Building*.. of Units*"
.2 , 097 _ _Resident i-a l., 2 _
*Reference Uses from the Zoning Bylaws 8 Table 1.
*"State number of units in building.
S. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of AppealF
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure o mply with ap 'esti requirements, as cited herein and in the Zonl Board Rules and Regulations may
result in a dismis a oning Boa is ap 'ori as incomplete.
Si nature
Type aboa name(s) here Domenic J. Scalise, Esq. and Raymond A. Vivenzio, Esg.
Attorneys for North Andover Housing Authority
PAGE 4 OF 4 SPECIAL PERMIT
9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications:
Application for a Special Permit must be supported by a 1) Size of plan. Ten(10) paper copies of a plan not
legibly written or typed memorandum setting forth in to exceed 11"x17'. preferred scale of 1"=40'
1 One
detail all facts relied upon. When requesting a Special M ( )Mylar.
Permit from the requirements of MGLA ch.40A, and the 111) Plan prepared by a Registered Professional
North Andover Zoning By-laws,all dimensional Engineer and/or land Surveyor,with a block for
requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the
supported. All points, 14,are required to be Mylar.
addressed with this application. *10 C. *Features To Be Included On Plan:
[) Site Orientation shall include:
1. The particular use proposed for the land or structure. 1. north point
2. The specific site is an appropriate location for such 2. zoning district(s)
use, structure or condition. 3. names of streets
3. There will be no nuisance or serious hazard to 4. wetlands(if applicable)
vehicles or pedestrians. 5. abutters of property,within 300* radius
4. Adequate and appropriate facilities will be provided g. locations of buildings on adjacent properties
for the proper operation of the proposed use. i+ithin 50'from applicants proposed structure
5. The use is in iia;mony with the purpose and intent of t 7. deed restrictions, easements.
Zoning Bylaw. 11)Legend&Graphic Aids:
S. Specific reference and response to the criteria 1. Proposed features in solid lines &outlined in red
r oluited by the particular Special Permit for which 2. Existing features to be removed in dashed lines
this application is made (i.e.the Earth Removal 3. Graphic Scales
:Special Permit has -.rnique criteria and submittal 4. Data of Plan
requirements.). S. Title of Plan
B. Names addresses and phone numbers of the
10. PLAN OF LANG applicant. owner or record and designer or
Each application to the Zoning Board of Appeals shall
surveyor.
he accompanied by the tollowing described plan. Plans 100. Minor Projects
must be submitted with this application to the Town Minor projects, such as decks, sheds,and garages,
Clerk's Office and r BA secretary at least thirty(30)days
prior to the public hearing before the Zoning Board of �haH require only the plan information as indicated with
sn. asterisks(`). In some cases further information may
.appeals be required
A set of building elevation plans by a Registered 11. APPLICATION FILING FEES
Architect may be required when the application
involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a
r,�
_._._. ____. _ _�_ ___ _.___�.____.: .____ c_Qf money--order-ur,"Tawe-of_N.odh-An(ove—
proposed change in use.
#022-1780-4841'for the cost of first class. certified.
10 A. Major Projects return receipt($4.42 as of November 2003)x#of all
parties in interest identified in MGLA ch. 40A §11 on the
Major projects are those which involve one of the abutter's list for the legal notice check. Also, the
following whether existing or proposed: applicant shall supply first class postage stamps
!)five or more parking spaces. (currently 37c)x the#of parties of interest on the
if) three (3) or more dwelling units, abutters list for the decision marling:`
+11)2000 square *eet ,)f building area. B Mailing labels: .I�pplicant shall provide: four(4)
Jets of mailing labels no larger than 1"x2-5/8" (3 copies
,H=alo r Projects shall require :hat in addition to the :-jbove for the U.gal mailing and one copy for the Decision
:atures, Flans must show detailed utilitills, soils and mailing).
�. ;oyr,rNhi, ir.formafior�
C S+;e OQ5 Rt'i r:ed Fee. S&ed,ttrl.
; 4-)4 A Special Pennit .)nce granted 'ay the ZBA
Mill!apse in 2(two) years if not exercised and a nevi
petition must be submitted. F F F F
' ' 4
MEMORANDUM
APPLICANT: North Andover Housing Authority
310 Greene Street
North Andover, MA 01845
PURPOSE: Applications for Comprehensive Permits
Pursuant to Massachusetts General
Laws, Chapter 40B.
Properties: 22-24 Ashland Street and 50-53 May Street
North Andover,MA 01845
The Applicant,North Andover Housing Authority,hereby submits separate
applications for Comprehensive Permits for each of the above described parcels upon
which it intends to construct two (2)family residential dwellings of low-income housing.
The May Street parcel is a vacant lot of land,whereas the Ashland Street parcel
contains an existing two (2)family dwelling. These proposed residential units are an
allowed use in the R-4 district in which they are both located.
The Comprehensive Permit requests seek waivers from all dimensional
requirements of the North Andover Zoning By-Law as well as waivers from the
requirements of section 4.122 and section 10.3,along with any and all other applicable
local laws.
The use will be in harmony with the general purpose and intent of the Zoning By-
Law.
03/07/2007 10:30 FAX 978 794 1142 NO AND HOUSING AUTHORITY 121002
Mar. 5, 2007 4:38PM DHCD No, 35f 2 P 2
IL
Commonwealth of Massachusetts
DEPARTMENT OF X-TOUSING & `
COMMUNITY DEVELOPMENT
Deva)L.P0iCk,Cwvwr r ♦ 'n=hy P,Mwra,y,u aovQmw ♦ Tina Brooks,Uaftseara[aty
February 27, 2007
Ms, Joanne Comerford, Executive Director
North Andover Housing Authority
One Morkeskl Meadows
North Andover, MA 01845
RE: Project Eligibility (site Approval)
Dear Ms. Comerford;
The Department of Housing and Community Development(DHCD) has provided a 0.705 ;front t)your
Authority to develop tha .5®6 acre property located at 22-24 Ashland Street for 2 units of I mN-
incorne rental housing. This Is to notify your Authority that DHCD has determined that your;aroji sct is
eligible under the c.705 program and that your eke is approved for construction of 2 units uri; er the
c.705 program.
To make this determination, the DHCD has made the following findings:
1. Subject to final program review and approval by the Department,the North ArAwger
Mousing Authority and its undertaking of the above proposed project appete imi alig ibis for
the purpose of providing housing projects for families of low income as pro-rid Yid I iy MDL
n, 1218 see.26 also known as the Chapter 705 program.
2. DHCD staff has performed an on-site inepsotion of the proposed project sha.
3. The proposed housing deslgn Is appropriate for the site.
4. The proposed project appears financially feasible in,the context of the Nort,1 di ndc Iver
housing market,
5. The initial pro forma for the project appears financially feasible on the basht.cr`Orsi(mated
development costs.
We congratulate the Town of North Andover on-their efforts to work together to increase Vial Iaw is
supply of affordable housing, If you have any questions as you proceed with the project, I,iha.tse call
Linda Lamont, your project manager, at(517) 573-1176.
Sln aife
,
en, Director
Buy aHousing Development and Construction
100 Cambridge Smg,Suke 340 www,mi sr,;py/d 1od
Boston,Massachuot s 42114 617.573,11.10
i
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Page: 1
Town of North Andover
Abutters Listing
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 oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petifKxw 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
board of the city or town,and the planning board of every abutting city or town."
Subject Property:
MAP PARCEL Name Address
17 19 North Andover Housing Authority 310 Greene Street,North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
17 8&20 Robert Mc Carrick' P.O.Box 263,Milton Village,MA 02187
17 9 KLC Realty Truster 110 Lancaster Road,North Andover,MA 01845
17 7 James Wilen' 28 Ashland Street,North Andover,MA 01845
17 6 Jason Horyn'•' 32 Ashland Street,North Andover,MA 01845
17 5 John Lu-' 945 Main Street,Tewksbury,MA 01876
17 4,21,22 Russell Hettrich 91 Hampstead Street,Methuen,MA 01844
17 2 Louis Kmiec 1001 Turnpike Street,North Andover,MA 01845
17 1 C/O Countrywide Bank- 16 Ferry Street,North Andover,MA 01845
17 17 Fieldcom Realty Trust 11 Wheeling Avenue,Woburn,MA 01801
17 11 Trombly Realty Corporatiort,, 141 Sutton Street,North Andover,MA 01845
17 16 Pridecraft,Inc V� 109 Sutton Street,North Andover,MA 01845
17 13 Annie Williams, 13 May Street,North Andover,MA 01845
17 24/1 Karima Elhajjajy_' 21 May Street,North Andover,MA 01845
17 24/2 Michael'Letoumeauv 23 May Street,North Andover,MA 01845
17 14 Scott Longuelt✓ 291 Hudson Road,Bolton,MA 01740
18 72 Charles Faro�' 51 May Street,North Andover,MA 01845
12 8 Bestway Realty Trust tI P.O,Box 32,North Andover,MA 01845
28 7 Sutton Street Realty Trust,_ 109-123 Main Street#E2,North Andover,MA 01845
28 11 Trombly Realty Corporation- 147 Sutton Street,North Andover,MA 01845
4 2 B&M Railroad ,/ Iron Horse Park,High Street,No.Billerica,MA 01862
This certifies that the names appearing on the
records of the As ors Office as of
Certified by Date a7
BLE 2
SUMMARY OF DIMENSIONAL REQUIREMENTS
Res. RM. RM. P.M. VRhps RM. RM. Bus. Bus. an. Bus. Vll w PCD ciwww led.- ind. Ind. Ind.
(14) t6)t71 -- —
1 2 3 - - 4-- Res.- --5 6 1 -2 3_ 4 Comm. -- Bus. 1 2 3 8
— LotArea --- -- --- (7)
Min_S.F.--- 87,120 43,580 25,000 12,500 43,580 43,580 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 80,000 80,000 435,600 50,0oo
- - Heighmax(it) 35 35 35 35 35 35 35 35 _ 35 35 W 40' 35*" 45 55 55 55 55
(13) (13) --` -
--
Min(ft) 175 150 125 -100 -_as 150 150 125 125 300 -200 200 300 125 150 150 150 150
Front Setback - - (8) (17)(1) -- (10)
Min.(ft) 30 30 30 _30 25 _ 30_ 25 30 25 100 50 50" 100 25 50 50 100 30
Bide Selbecli - - -- (2) (2) (3) (3) (17) (2) (3) (3) -(1—0) (2)
Min.(it) 30 30 20 1515 25 15 20 25 W W 25" W 25 W W 200 20
(2) (2) (3) (17) (2) (3) t3) (10) (2)
Min(it) 30 30„ 30 30 _ 30 30 30 30 30 50 50 25" 50 35 50 50 200 30
Flaw Area (15)
Ratio Max. WA WA WA- _WA - WA- 0.75:1 0.25_1 0.30:1 0.75:1 0.40:1 1.50:1 WA 0.75:1 -WA 0.50:1 0.50:1 0.50:1 0.50:1
Man. WA WA WA WA WA 20% ZO% 30% 35% 30% 25% 25% 25% 35% 35% 35% 35% 35%
ling unit - - -- -- - - (12) (12) (12)
Density MWAcre -WA WA WA WA -1/acro o ho Wars NIA WA WA WA_ WA WA WA_ _ WA _WA WA WA
—.._..- ----- - (16)
-Open Ste!_.. 25%"
`Two stories not to eoaceed --
"Refer to Sectioru 8.1(13)and 8-4--(6j
"'Sea detailed Distrkt Uss Regulations __ ..---- -----. __
Please refer to foatran for addWwW kdorn otion - - -- -