HomeMy WebLinkAboutVALLEY REALTY DEVELOPMENT LLC (3) O NORTfy Town Clerk Time Stamp
�
��" 6qa 'rIVE:w?
C_
• O c
3g b�` - •, a dL j�' "' ""�'� "C e't�«-�
� � * 2066 DEC 22 PH •' 24
ti
4
�9ssac Hus €0 V ;1
NOR Ir H AHT°0
ZONING BOARD OF APPEALS A9St4
Community Development Division
Notice of Decision
Oakridge Village&Maplewood Reserve Comprehensive Permit
Regulatory Agreement—Second Amendment
Minor Modification
NAME: Valley Realty Development,LLC MODIFICATION DATE: December 12,2006
231 Sutton Street, Ste. IA,
North Andover,MA 01845
ADDRESS: Property at: 2357 Turnpike Street PETITION: 010-2001
PETITION DATE: January 14,2003
The North Andover Board of Appeals heard a request of Valley Realty Development,LLC(the
"Applicant")for approval of a second amendment to the Regulatory Agreement of the Comprehensive Permit
(Petition#2002-032)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,
sec.'s 20-23(the"Ac(")at its regular meeting on Tuesday,December 12,2006 at 7:30 PM in the Town Hall
top floor meeting room, 120 Main Street,North Andover,Massachusetts.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and David R Webster. The fallowing non-voting members were present: Thomas D.
Ippolito,Richard M.Vaillancourt,and Daniel S.Braese.
Upon a motion by David R Webster and 2nd by Richard M.Vaillancourt,the Board voted to grant the request
for a minor modification to the Regory Agreement's Paragraph G by deleting the reference to 3-bedroom
Unit 1104 in Building 1 I of the Affordable Units in Maplewood Reserve by exchanging 1104 with the 3-
bedroom Unit 1103 in Building 11 in order to provide an Affordable Unit with a ground floor bedroom
Voting in favor: Ellen P.McIntyre,Joseph D.LaG sse,Richard J.Byers,Albert P.Manzi,III,and David R
Webster.
Town of North Andover
Board of Appeals,
E en P.McIntyre,thairmart
Decision 2002-031
M108.AP17&M108.CP33,38,&39.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
}� WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
I,
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
I
A. General Information
Important:
When filling out 1. Applicant:
forms on the Valley Realty Development
computer, use Name
only the tab
key to move 231 Sutton Street, Suite 1 B
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State Zip Code
r� 2. Property Owner(if different):
Name
reten
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
1/22/03
Date
for work at:
2357 Turnpike Street Map 108A, 108C 38, 33, 39
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 1888 349
County Book Page
Certificate(if registered land)
is hereby extended until:
1/22/07
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
North Andover
Conservation Commission Date
wpaformTdoc•rev.311/05 Page 1 of 3
r +
Massachusetts Department of Environmental Protection DEP File Number:
�— Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Authorization (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission
and a copy sent to the applicant an the appropriate DEP Regional Offie6.'
Signat4es: ,
L",rrv#'
�'YzNotary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day of Month Year
Before me, the undersigned Notary Public, personally appeared
Name of 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
City/Town
DONNA M.WEDGE
x NOTARY PUBLIC Signature of Notary Public
nn.{cALTH OF MASc 4lISETT$
f Co'r'm.Expire:;Auj.I,2009
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commis on Eykires(Date)
wpaformTdoc•rev.311/05 Page 2 of 3
t
Massachusetts Department of Environmental Protection DEP File Number.
1�-- Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
�1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. in the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
242-1169
Project Location DEP File Number
has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaformTdoc•rev.3/1/05 Page 3 of 3
J r
Massachusetts 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
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
SII
wpaform7.doc•'DEP Addresses•rev.12/22/05 Page 1 of 1
. r
Town of North Andover 'rot
{ "fice of the Zoning.Board of Appeals r�Ee%41
`oo�
nmunityh
Development and Services Division
27 Charles Street
"V, ' North Andover,Massachusetts 01845 �'ss�cHus `
D. Robert Nicetta Telephone(978)688-9541
Bacildirtg Commissioner
Fax(978)688-9542
Notice of Decision Year 2003
Any appeal shall be filed within(20)' Property at 2357 Turnpike Street
days after the date of filing of this
notice in the office of the town clerk.
NAME: Valley Realty Development,LLC DATE: January 14,2003
ADDRESS: 231 Sutton St. Suite 2E-F PETITION: 2002-31 '
North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02,
10/15/02, 10/22/02, 10/29/02,
11/12/02, 12/10/02
The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public
hearing was closed on December 10, 2002 by placing the petition "under advisement"for 40 days. The"under advisement"
meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, I' floor Town Hall, 120 Main Street, North
Andover,Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty
Development,LLC,231 Sutton Street,Suite 2E-F,North Andover,Massachusetts.This application was for 270 housing units
per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential, and
I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts.
The following members were present and voting:Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley,
William Sullivan was not in attendence during the vote.
Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the
comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be
affordable per the following preliminary plans:
Prepared by Sheet Title Rev.Date
a GSD Associates, Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
_. SUBDIVISION PLAN__
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-16 EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
BOARD OF APPEALS 6X8-09541 BUILDING 688-9545 GONSERVATION11688-4530 HEALTH 688-9540 PL NNi GG 688-9535
1 j
h GZA GeoEnvironmental, Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental, Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental, Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates, Inc. Al-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03!02
FLOOR PLAN
x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH,FLOOR PLAN 12/03/02
y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates, Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection
at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be
viewed during normal office hours.
Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley.
Town of North Andover
Board of Appeals
Walter F.Soule
Acting Chairperson
1 1
Decision on Comprehensive Permit ApplicatiQ&Y1`,E BRADSI-;M'
T0YJN CLERK
x= R T.� ANDOVER
Valley Realty Development, LLC
231 Sutton Street, Suite 2E
North Andover, MA 01845 ,SAN l S 2. 3b
Petition No. 2002-31
PROCEDURAL HISTORY
Valley Realty Development,LLC,("The Applicant"),is seeking a Comprehensive Permit pursuant to M.G.L.Chapter
40B, Sections 20 through 23,to construct 270 units of condominium housing of which 25%or 68 shall be set aside
as"affordable,"in the Residential and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover,
MA 01845, ("the Property").
The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11,2002
at 1:30pm.
The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and
July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at
the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of '
Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley;
Ellen P.McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused.
A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by
Thomas D. Laudani,Managerfor Valley Realty Development,LLC,forthe Comprehensive Permit Application to be
continued and heard at a regular hearing to be held on September 10,2002 at 7:30 p.m.; an additional waiver for
a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October
29, 2002 and November 12, 2002.
At the July 9,2002 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue
the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development,
LLC, 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin &
Mellott, LLC,Attorneys at Law,One International Place, 18`h Floor, Boston, MA 02110;Gregory P.Smith,AIA,GSD
Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE, Dermot J.
Kelly Associates, Inc., 280 Main Street, Suite 204, North Reading, MA 01864; Steven Trettel, GZA-
GeoEnvironmental, Inc.-Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress
Associates, Inc., 17 Tewksbury Street,Andover,MA01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino,
Valley Realty Development, LLC.
Mark West,West Environmental,Inc.,122 Mast Road,Suite 6,Lee,NH 03824,represented the Applicant for matters
pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings.
The public hearing was closed on December 10,2002.
The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the
hearing.
These findings are based on the following submissions which include,but are not limited to,the following materials,
which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a
portion of this Application for a Comprehensive Permit.
1. Exhibit A: Traffic Impact and Access Study, Proposed Development Project,The Meadows,North
Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC,April,2002;
2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK
Associates, Inc.for Valley Realty Development, LLC, November 2002;
Page 1 of 19
4 1
3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover
Zoning Board of Appeals, August 13, 2002,with subsequent revisions;
4. Exhibit D: Certificate of Legal Existence of Applicant;
5. Exhibit E: Certified List of Abutters;
6. Exhibit F: Sample Regulatory Agreement and Deed Rider;
7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographics,Inc.,
November 2002;
The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning
Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board
of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire
Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover
Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and
recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002,which
are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the
North Andover Zoning Board of Appeals reviewed forthe Comprehensive Permit decision.There are no outstanding
issues raised by any Town Boards.All issues have been addressed by the Applicant.
Prior to the close of the public hearing on December 17, 2002,the North Andover Zoning Board of Appeals also
received and considered the following written communications:
No. DATE RECIPIENT SENDER CONTENT/NOTES
8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test
Realty Development,LLC
9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General
10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice
Fink's Memo
11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review
12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary
13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review
14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review -
15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and
Names
16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments
17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments
18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review
19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments
Development
20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from
Dept.Heads
21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture
22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Memo
Page 2 of 19
1 T
23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments
24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett
25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review
26 11/07/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Ira Singer's Review
27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments
z
28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Comments
29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments
30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kelly's
Comments
31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request
32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop
33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1
34 08/12/02 ZBA-Abutters List for North. • Assessors Office Map 108C Parcel 33,38;39
Andover
35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental
Notification Form
36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study
37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review
Commissioner
38 '10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations
39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test
Development,LLC
In addition to the foregoing materials, the North..Andover Zoning Board of Appeals retained Vanasse Hangen
Brustlin, Inc. (VHB)to provide a technical review of the Applicant's application, plans, and studies and to present
findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review
of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.,This review was
paid for from funds received from the Applicant for this purpose.
The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists
of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and
kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be
extended to the site at the Applicant's expense. All of the existing structures are to be demolished.The Project as
proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings,
each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage.
Building 4 shall have 84 units and a 121 car garage; Lower Meadows-78 three bedroom townhouse style units in
27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the
Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces.
The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section
40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands
Protection Act Regulations,with the Conservation Commission on August 28, 2002, DEP File Number 242-1169,
for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to
take place in the public right of way along Route 114 for the installation of utilities.
Page 3 of 19
S 1
The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows
and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North
District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability
company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals.
The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349.it is also
identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33,38,and 39.The site is located in Zoning Districts
Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993
indicates that the parcel is largely located in Zone C with a small portion in Zone A.
Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan
Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender
with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility
Letter to the Applicant on April 18,2002. As a result of the decision by the Massachusetts Housing Appeals
Committee in Stuborn Ltd. Partnership v.Barnstable Bd. of Appeals, No. 98-01 (Decision March 5, 1999),the New
England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed
by the Applicant.
During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from
Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee;an abutter,and Jay W illis,Esq.,
Alfred J. Morrison, also an abutter.
In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the
proposed Project on the Town of North Andover,specifically with respect to the impact on the public school system.
As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact
Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural
Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land
Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The
original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and
comments from the North Andover Zoning Board of Appeals and the North Andover Finance Committee
representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive
fiscal impact to the Town,with a final break even point in excess of 98 children.
On August 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary
of the Executive Office of Environmental Affairs, Robert Durand,to initiate the Massachusetts Environmental Policy
Act(MEPA) review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the
Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31,
2002,which required that an Environmental Impact Report (EIR) be provided.
In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access
to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the
creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The
Applicant has stated that in order to create a deceleration lane; it will need permission and an easement from the
Owner of the adjacent property to relocate a driveway and permission from the Massachusetts Highway Department
to alter Route 114.
A letter dated October 29, 2002 was received from Ira Singer, Town Administrator, Town of Middleton,expressing
his concerns regarding traffic with respect to two access roads from the Property intersecting.Route 114 and the
need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant
submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of
Appeals on November 7,2002,a copy of which was also sent to Mr. Singer. In this response was included'a copy
of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive
Office of Environmental Affairs,Robert Durand, in which it stated that"the Expanded ENF included a traffic study
performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the
Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we
recommend that no further environmental review be required based on traffic issues."
In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use
of the name "Meadows"would conflict with other residential developments in Town already using that name. The
Applicant submitted the name"Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower
Page 4 of 19
Meadows to both the Fire Department and the Police Department,which approved the selection. The Project has
been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower
Meadows will continue to be used in conjunction with the new names.
In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna
on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in
certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to
work with the Fire Department on meeting their requests.
In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup,the
Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two
locations for trash dumpters in the Upper Meadows/Oakridge Village;and private curbside trash pickup in the Lower
Meadows/Maplewood Reserve.
The Applicant has chosen the Citizens'Housing and Planning Association (CHAPA),as the agency to monitor the
resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with
them to this effect.
FINDINGS
1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization"
as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the
funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit.
Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a.limited dividend
organization, the Project is fundable bythe Federal Home Loan Bank of Boston's (FHLB/B) New England Fund
through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant
has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust,the
present owner.
2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met
the statutory minima set forth in M.G.L. Chap. 40B§20 or 760 CMR 31.04.
3. The Project. The Project,as shown on the final Site Plan,consists of a 192 condominium units in
four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site,
including forty-five (45) one bedroom units, one hundred forty-seven (147) two bedroom units and a total of 428
parking spaces with related improvements; 78 three-bedroom condominium townhouse units and a community
building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirtyfour(234)parking spaces
with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood
Reserve (f/k/a the Lower Meadows).
4. Affordable Housing to be Provided.Twenty-five per (25%)of the units or 68(sixty-eight)units
shall be "low or moderate income housing"as that term is defined in MGL Chap. 40B § 20. Seven (7) additional
affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The
final number of afford able units shall be 75 or 27.78%of the total.
The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall
be fora term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by
Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained
in such restriction, as specified in the Conditions to this Decision.
5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway
aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North
Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate
the needs of the Project for ordinary and emergency services: In addition, the North Andover Zoning Board of
Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with
respect to traffic issues.
Page 5 of 19
i e
6. Support by Town Board and Agencies. During the course of the public hearings,the North Andover
Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department
of Public Works, the Police Department,the Fire Department,the Conservation Commission, the Planning Board,
and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding
-
issues.
7. Waivers Granted.As part of its application for a comprehensive permit,the Applicant submitted a
list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The
North Andover Zoning Board of Appeals finds that these waivers,included herein as revised,are necessary to make
the Project economically feasible and grants the requests.
DECISION
Based on the above findings and a 4-0(four to zero)vote of the North Andover Zoning Board of Appeals taken on
January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general
conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following
conditions.
Comprehensive Permit Conditions
A. General Conditions
1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not
be substantially changed,altered'or reconfiguredinanywaywithout modification to this Comprehensive Permit,after
notice and hearing by law.The following plans were prepared for the Applicant:
Prepared by Sheet Title Rev.Date
a GSD Associates,Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental, Inc.-Mass. C-1A EXISTING.CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental, Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02.
f GZA GeoEnvironmental, Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental, Inc.-Mass. C-2B SITE DEVELOPMENT AND GRADING PLAN 12/06/02
I GZA GeoEnvironmental, Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
Page 6 of 19
r
o GSD Associates,Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates,Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates, Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates, Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02
y GSD Associates,Inca A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03102
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
2. All requirements of the New England Fund program as administered by the Federal Home Loan
Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be
executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds.
3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy
(270).The affordable units shall comprise twenty-five percent(25%)of the total or sixty-eight(68)units which shall
be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two
affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units
in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the
same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent
buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others,
in those units.
4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7)
additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total
number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units
approved.
5. All affordable units are to be sold through a lottery process in accordance with Massachusetts
Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility
of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents
according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community
Development Department,and approved by the North Andover Zoning Board of Appeals.
Page 7 of 19
6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after
completion of construction, issuance of Certificate(s)of Occupancy by the building commissioner and conveyance
to individual unit owners.
7. During construction, all local, state and federal laws and regulations shall be followed regarding
noise,vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize
inconvenience to the residents in the area.
8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the
development of the site, unless expressly waived herein.
9. Before beginning any construction under this Comprehensive Permit, other than site work, the
Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions
necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include
either an Engineer's or an Architect's stamp, asappropriate. Documentation of recording, including either a
document number or a book and page number shall be provided to the Building Commissioner.
10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage
for general liability in an amount not less than$1,000,000,automobile liability, umbrella coverage,and Workmen's
Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of
construction, including site preparation.
11. Prior to obtaining a building permit, the Applicant shall submit to the North Andover Zoning'Board
of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site
plan signed by a Registered Architect and a Registered Engineer, as appropriate.
12. The Building Commissioner shallbe the authorized agent of the North Andover Zoning Board of
Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions,
or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior
Court of the Commonwealth.
13. The comprehensive permit is granted based on the Application and no use and no other
improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by
virtue of the granting of the comprehensive permit.
14. The comprehensive permit shalt run with the land.
15. The comprehensive permit shall become void in the event the Applicant does not obtain a building
permit in connection with the Project within three(3)years after the later of the date of (a) recording of this Permit
by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not
subject to an appeal or contest.
16. Any substantial deviation from the Project Plan shall require the approval of the North Andover
Zoning Board of Appeals,as determined by the Building Commissioner.
17. The Applicant shall not be permitted to receive a building permit (other than for the community
building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement
substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of
Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of
reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive
goals, based upon review of the form by the monitoring agent to be selected.
18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws,
rules,and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No
municipal fees are waived unless expressly stated in this decision.
19. The Project shall comply with all applicable state and federal regulations including but not limited
to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing,Electrical and
Fire Codes.
Page 8 of 19
20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment
a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation,
tree and brush clearing, grading and general site mitigation measure.
21. To the extent permitted by the law,residents of the Town of North Andover are to be granted a local
reference for o
p he affordable units.In no case shall local preference be granted for more than seventy per cent(70/o)
of the affordable units.
22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and
Regulations, 521 CMR.
B. SPECIFIC CONDITIONS
1. The Applicant shall be responsible for the snow removal,trash removal,rubbish removal,recyclable
materials removal, road maintenance, and storm drainage maintenance on the property until such time as the
organization of unit owners for the condominium assumes those obligations, which shall be stated in the
condominium rules and regulations.
2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules
and regulations of the condominium shall contain a provision which isnot less restrictive than the following:
Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following
conditions:
a. Such lease or rental agreement shall be in writing;
b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof;
C. The term of the lease or rental agreement shall be for a term of not less than six(6)months;
d. The occupancy of the unit shall be for not more than two (2) unrelated people;
e. The lease or rental agreement shall expressly provide that the lease or rental is subject to
the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the
Condominium; and
f. A copy of the lease or rental agreement shall be provided to the Organization of Unit
owners.
g. Leasing or renting of the affordable units shall be prohibited, except as governed by the
provisions of the Regulatory Agreement and Deed Rider.
3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with
guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The
Applicant shall work with the Town of North Andover towards this goal.
4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association
(CHAPA).
5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons
whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and
Urban Development. In addition,the seven(7)additional affordable one bedroom units of the applicant's choosing
which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose
income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban
Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and
indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers
and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a
building permit and to the North Andover Zoning Board of Appeals for their file.
Page 9 of 19
Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of
Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every
affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in
accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184§§31-33.
Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals,the Applicant shall use
its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity.In the event
that the Department of Housing and Community Development(formerly the Executive Office of Communities and
Development, EOCD) ("DHCD")is required by law to approve but declines to approve the perpetual restriction,the
proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and
approved by the DHCD, but in no case less than ninety-nine years as offered by the Applicant.. In this event,the
Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to
secure approval of the perpetual restriction,the written denial thereof, and the grounds for denial, IF PROVIDED;
and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first
refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every
affordable unit in the Project effective upon the expiration of the affordability period.
6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge
Village plus a community building. In addition, seven(7)additional one bedroom units of the Applicant's choosing
shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper
Meadows/Oakridge Village
There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood
Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood
Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per
unit.
The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%.
7. The Applicant shallprovide handicapped accessible curb cuts at all locations where sidewalks cross
over streets on the site.
8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge
Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled
curbside trash pickup.
9. The Applicant shall provide snow storage locations on the site as shown on the final revised
preliminary plan.
10. There shall be two driveways to the site as shown on the final revised preliminary site plan.
11. There shall be master fire alarm box(es) as required by state code.
12. All buildings shall be equipped with a sprinkler system as per State regulations and building code.
13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for
entrance onto Route 114/Turnpike Street before a building permit is issued.
14. A fire protection system shall be designed by licensed fire protection engineer and approved by
the North Andover Fire Department.
15. The execution of Form "U" by the North Andover Department of Public Works shall constitute
approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility
issues, including, but not limited to gas,sewer,water,etc.
16. Cross connection details and proper backflow information regarding water tie-ins and the type and
size of water services shall be provided and approved by the North Andover Department of Public Works; such
approval shall not be unreasonably withheld and shall be issued in a timely fashion.
Page 10 of 19
1
17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer
pumping station,shall be the responsibility of the Applicant and subsequent condominium association until such time
as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association
shall transfer the ownership of the sewer, in whole or in part,to the Town of North Andover at no cost. The sewer
pumping station shall remain privately owned.
18. The Applicant shall provide details on the sewer main and sewer services including profiles of the
utility to the North Andover Department of Public Works.
19. Drawings and specifications of the sewer conduits,sewer connections,and sewer pumping station
design shall be submitted to the North Andover Department of Public Works for review.
20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as
to prevent direct glare from the light source into any public street or private way or onto any adjacent property.
21. Screening and landscaping shall be substantially in compliance with the plan provided.
22. A drainage system maintenance manual shall be provided to the North Andover Department of
Public Works.
23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of
the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works
prior to the issuance of any building permit other than a foundation permit or a building permit for the construction,
of the community building.
24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the
Property.
25. Whenever residents of the Project are eligible for school busing,the bus shall pickup and discharge
students at the community building at Upper Meadows/Oakridge Village only.
26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower -
Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State
Forest and the site shall be identified with markings and small signs.
27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the
road opening within the public right of way, including the water and sewer connections, in the amount to be
determined by the North Andover Department of Public Works, in the form of a letter of credit or other security
agreed to by the Applicant and the North Andover Zoning Board of Appeals.
28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such
signal be installed by the Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The
conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower
Meadows/Maplewood Reserve,and shall have a pull box at each end.
29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall
contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed
in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to
the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board
of Appeals as part of this decision.
30. Upon completion of the project construction and 80%occupancy of the project units,the Applicant
shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals
project, as currently proposed.This study shall be supplied to the North Andover Zoning Board of Appeals for the
information. The results of this revised Traffic Impact and Access Study are for informational purposes only.
Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study
completed.
Page 11 of 19
,
Approved Waivers to the By-Laws and Regulations
in Effect in the Town of North Andover
For the Approved 270 Unit Residential Housing Project
To be known as
The Meadows(now known as "OAKRIDGE VILLAGE"and "MAPLEWOOD RESERVE'q
at 2357 Turnpike Street, North Andover, Massachusetts
Based on final revised plans and drawings prepared by GZA GeoEnvironmental,Inc.-Mass.and plans and drawings
prepared by GSD Associates, Inc. including
Prepared by Sheet Title Rev.Date
a GSD Associates, Inc. COVERSHEET 12/03/02
b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02'
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates, Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates,Inc. A11-1.1 TYR 36 UNIT BLDG.FLOOR PLANS 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
Page 12 of 19
v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates, Inc. A2-1.2 TYR 84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYR TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers
described herein are granted.
The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the ,
Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294
units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the
project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or
68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven(7)
affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village,.
for a total of 75 affordable units or 27.78%.
The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a
number of kennels, fenced dog runs, and residential structures; however, the majority of the site is vacant and
unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the
demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and
related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (l-1) and
Residential 2(R-2). Multi-family dwellings are not allowed by right in 1-1 and R-2 districts. In addition to market rate
and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the
site.The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law.
Waivers Required from the Zoning Bylaw
Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and
based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the
following waivers.
1. Section 1 - Purposes:
A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as
provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern
this Application,where they are in conflict.
2. Section 4-Buildings and Uses Permitted:
Page 13 of 19
A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following
designated buildings and alterations and extensions thereof and buildings accessory thereto and the
following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted.All
other buildings and uses are hereby expressly prohibited except uses which are similar in character to the
permitted uses shall be treated as requiring a Special Permit.A waiver from this section is granted since the
proposed multi family use is not allowable in the Industrial-1 and Residential-2 district.A multi family use
does not require a Special Permit.
3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of
record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying
to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern
at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear
feet to depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver
is granted from this section in its entirety.This section could be interpreted to apply the this Project in that
the Project is located in two zoning districts.
4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985120)way giving access to a
building or use or not permitted in residential district shall be laid out or constructed so as to pass through
a residential district.This section is waived in entirely to allow such access since the private or public ways
are located in and through a residential district that does not allow multifamily residences.
5. A Waiver from Section 4.121.1 is granted which states:One family dwelling,but not to exceed one dwelling
on any one lot.A waiver from this section is granted to allow multi-family residential uses since the Project
is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage
buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have
multiple building and multifamily development in this zoning district.
6. A Waiver from Section 4.121.7 is granted which states:Swimming pools in excess of two(2)feet deep shall
be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four
(4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than
those residing at the pool location. Pools shall have a minimum ten(10)foot setback from side and rear lot
lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.A
waiver from this section is granted to allow the development of a community building with pool located within
the R-2 district as indicated on the site plan.
7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any
of the above permitted uses,provided that such accessory use shall not be injurious,noxious, or offensive
to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the
placement on site of a sewage pumping station.
8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1
zoning district.
9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice
skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any
proposed pool or community buildings may be considered a swimming club.The pool and the community
building are for the exclusive use of the residents and their guests.
Page 14 of 19
10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety.This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for
multifamily dwellings and associated uses in each of the zoning districts which the property is located where
it is not permitted by right.
13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this
section may be construed to hinder the development of this Project as indicated on the site plan.
14. Section 7- Dimensional Requirements:
A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List
of Dimensional Waivers by Building 12/05/02(rev.),including a waiver from Footnote 1,page FN1, 10'from
the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to
40')from the property fine and 60'from the requirement that no building be located less than 100'from Route
114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded
to 40') from the property linea
Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional
Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all
zoning districts.
Page 15 of 19
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
•
BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. ront Side Rear Ir.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build
Min.SF Max. FT Min.FT Ain.FT Min. FT Min.FT 3atio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT
DG.# ESCRIPTION
Res.2 District Req'ts 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50
19 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
0 Waivers Required no no no no no N/A N/A N/A N/A no no SEWER no no N/A no no
20 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A >25 <50
aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
21 OMMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
0 Waivers Required no no no no no WA N/A N/A N/A no no N/A no no N/A no na
22 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A N/A N/A N/A yes 'yes N/A no yes N/A no yes
23 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A NIA <50 <75 N/A >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A N/A N/A N/A yes yesN/A no yes N/A no yes
24 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A NAA N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no NIA no no
25 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NAA N/A >50 <76 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A NAA NAA N/A no yes N/A no no N/A no no
26 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A N/A >50' <75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A NAA N/A N/A no yes N/A no no N/A no no
27 5 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A ; " N/A NAA >50 >75 N/A >25 >50 N/A >25 >50
Waivers Granted yes no no no no N/A NAA N/A N/A no no N/A no no N/A no no.
28 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no N/A WA N/A N/A no no NLA no no WA no no
UB TOTALS 1,604,600 2.12
o Waivers Required no N/A
TOTALS 2,053,543
Page 17 of 19
1005/02(rev.) THE MEADOWS/OAKRIDGE VILLAGE & MAPLEWOOD RESERVE - LIST OF DIMENSIONAL WAIVERS BY BUILDING
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. ront Side Rear 9r.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build
Min.SF Max.FT Min.FT Win.FT Min. FT Min.FT Ratio Max. Max. Density Max/Acre Space Zone FT Zone FT. SetbackFT Zone FT Zone FT N/A Zone FT Zone FT
nd. 1 District Requirements
BLDG.# ESCRIPTION 80,000 55 150 50 50 50 0.500:1 35%, N/A N/A 50 75 100 25 50 N/A 25 50
PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A
1 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 N/A >25 >50 N/A >25 >50
Waivers Granted no no yes no no N/A no no SEWER no no N/A no no
2 36 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 SYSTEM >25 >50 N/A >25 >50
aivers Granted no no yes no no N/A no no N/A no no N/A no no
3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 N/A >50 >75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no yes no , N/A no no N/A no no N/A no no
4 34 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >50 0.375:1 8.0% 8.12 N/A >50 >75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A no no N/A no no N/A no no
5 DOMMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5% 0 N/A >50 >75 N/A >25 >50 NIA >25 >50
o Waivers Required no no no no no WA no no WA no no N/A no no
UB TOTALS 448,943 0.730:1 19.0% 18.56
Waivers Granted no yes no N/A
es.2 District Requirements
BLDG.# ESCRIPTION 43,560 35 150 30 30 30 N/A NIA N/A N/A 50 75 100 25 50 N/A 25 50
OWER MEADOWS(MAPLEWOOD 1,604,600
6
112 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A <25 <50 N/A <25 <50
aivers Granted yes no no no no N/A N/A N/A N/A yes yes SEWER yes yes N/A yes yes
7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A <25. <50
aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A yes yes
8 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 <75 N/A >25 >50 N/A >25 >50
Waivers Granted no no no no no N/A N/A NIA N/A no yes N/A no no N/A no no
9 UNITS+.2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A WA N/A >50 >75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A N/A N/A N/A no no NIA no no N/A no no
10 CAR GARAGE <35 >150 >30 >30 >30 N/A NFA N/A N/A <50 <75 NIA >25 <50 N/A >25 <50
aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
11 5 UNITS >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
Waivers Granted yes no no no no N/A N/A NIA N/A no no N/A no no N/A no no
12 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5C
alvers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 NFA NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <5(
aivers Granted yes no yes yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no ye:
14 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5(
Waivers Granted yes no no no no N/A NIA N/A N/A yes yes N/A no yes N/A no ye!
15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <51
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye:
16 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <5
Waivers Granted yes no yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no ye
17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no YE
18 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <E
aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no YE
Page 16 of 19
7 , r
Section 8, Supplementary Regulations
15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the
development of this Project as indicated on the site plan.
16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow
for the parking ratios indicated on the site plan with respect to the community buildings.
17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than
9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide
and 20'wide as indicated on the site plan.
18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be
used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this
section could be construed to prohibit parking as indicated on the site plan.
19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used
for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section
could be construed to prohibit parking as indicated on the site plan.
20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one
(1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear
of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed
structures. A waiver is granted from this section in its in as much as this section could be construed to
prohibit parking as indicated on the site plan.
21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided
for every 20 parking spaces provided on site.The handicapped space shall be 12'x 20'and be indicated
by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to
allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR
the Architectural Access Board Regulations for accessible spaces.
22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated
by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review.
23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and
Industrial Districts(1987/12) is. A waiver is granted from this section in as much as this section could be
construed to be applicable to this Project.
24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this
Project is regulated bythe requirements under a Comprehensive Permit(Chapter 40B)and are exempt from
such review.
25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be
construed to hinder the development of this Project.
Page 18 of 19
26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section
could be construed to be applicable to this Project. A waiver is granted insofar as this section may be
construed to hinder the development as indicated on the site plan.
27. Section 10-Administration:
A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be
construed to be applicable to this Project.References are made to various special permit granting authorities
that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is
exempt from such review.
28. Section 11 - Planned Development District:
A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section
could be construed to be applicable to this Project. This Project is not located in an I-S district, is being
submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such
review.
29. Wetlands BVIaW
A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations
pertaining thereto, is granted with respect to:
a. Disturbance in the 25' no disturbance zone (Section 3e(3));
b. Disturbance in the 50' no build zone (Section 3e(2)); and
C. Disturbance in the 75' no build zone pertaining to vernal pools(Section 3a(4)).
30. Subdivision Bylaw
A waiver from the Town of North Andover Subdivision Control Bylaw is granted.
31. Local Board of Health Bylaws
A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted
where it is more restrictive than the State Sanitary Code.
32. Bonds
A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this
Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the
North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work
in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the
road opening within the public right of way, including the water and sewer connections.
33. Fees
A waiver is granted forwaterand sewerconnection fees associated with the 75 affordable units[see Specific
Condition#29, Page 11 of 19].
Page 19 of 19
1J.DD Jrda/d'2b30 NORTH ATLANTIC
PAGE @1
NORTHPOINT Realty Development SOUTHPOINT Rwky Development
PO Box 3439 -1851'+1 L e Avenve
Andover, MA o-i8-io Delray Beach, FL 33483
(978) 47257 (56.1)272-9958
Date: October 2-9,2oo2
To: North Andover Fire Dept.(Chief William Dolan and Lt_Andrew.Mehnikas)
North Andover Pali pt.(Richard Boettcher,Communications Supervisor)
From: Gerry-Lynn Darcy
Re: Name Change for"the Meadow"
cc: Chris Huntress,Dermott Kelly,Julie Parrino,Karen Pollastrino,Thomas Laudani, Robert
Nicetta, Gregg Smith,William Sullivan,Steve Trettel
We have been requested to change the name of our proposed 4oB development. It appears as
thought"the Meadows"has already been used for a few locations in Town. To avoid any potential
confusion with the public safety departments servicing our Town,we have chosen the names listed
below.
UpperMeadow "Parker Common"
Lower Meadow "Parker Reserve"
Please contact me immediately should there be a problem with the new names as provided. Thank
you in advance for your attention to this matter.
r..a
CD
rl
CF-
( M r Fn,
BOARD OF APPEALS
NORT"Pa1NT Realty Development SOUTNPOINT Realty Developmennt
PO Box 3039 -i 85 NF 61 Avenue
Andover, MA o18ho Delray Beach, FL 33483
(978) 470-8257 (561) 272-9958
4`
Date: October 29,2-002
To: North Andover Fire Dept.(Chief William Dolan and Lt.Andrew Melnikas)
North Andover Poli t.(Richard Boettcher,Communications Supervisor)
From: Gerry-Lynn Darcy
Re: Name Change for"the Meadow"
CC: Chris Huntress,Derrnott Kelly,Julie Parrino,Karen Pollastrino,Thomas Laudani, Robert
Nicetta,Gregg Smith,Williams Sullivan,Steve Trettel
We have been requested to change the name of our proposed 4oB development. It appears as
thought"the Meadows"has already been used for a few locations in Town. To avoid any potential
confusion with the public safety departments servicing our Town,we have chosen the names listed
below.
Upper Meadow "Parker Common"
Lower Meadow "Parker Reserve"
Please contact me immediately should there be a problem with the new names as provided Thank
you in advance for your attention to this matter.
N
C�
G
CD Cn
N
6'
rn
r ,'J
BOARD OF APPEALS
f
a` ORTHPOINT
REALTY DEVELOPMENT
OfJT IPOINT
Northpoint Realty Development Southpoint Realty DeveJopment
P.O.Box 907 1020 Miramar Drive
North Andover,MA o1845 Delray Beach,FL 33483
(978)327-654o (561)272-9958
............................................................................................................................................................
Date: October 14,2003
To: North Andover Zoning Board of Appeals
Robert Nicetta,Code Enforcement Officer
From: Gerry-Lynn Darcy
Valley Realty Development,LLC
Re: Oakridge Village and Maplewood Reserve
Final Approval under Decision#2002-31
cc: Thomas Laudani,Robert Levy
In an effort to finalize the remaining open item as it relates to our Decision on Comprehensive Pelt'
dated January 14,2oo3,and to expedite our ability to obtain a building permit,I have been equie et „
to attach the Performance Guarantee and Letter of Credit for the project as referenced above for 4.
sign off by the North Andover Zoning Board of Appeals.
E5
This document must be approved for its'format and content. The actual amount to be secured by this
document will not be inserted until such date that VHB(or other Town Consultant)has ass gned
specific values to the corresponding improvements as they relate to said Performance Guarantee and
Letter of Credit. Additionally,the content of this Performance Guarantee and Letter of Credit is subject
to future modifications,by the Developer,only upon approval by the majority of the Members of the
North Andover Zoning Board of Appeals.
Furthermore,it is the Board's intention to appoint the Building Commissioner/Code Enforcement
Officer as its'authorized agent to issue approval of the amount to be secured by said Performance
Guarantee and Letter of Credit based on the schedule of values as provided by the Town's Consultant
for the proposed improvements. In addition to the above,the Building Commissioner/Code
Enforcement Officer is also responsible for approving the executed regulatory agreement form,and
affirmative action plan prior to the issuance of a foundation permit for any building to be erected within
the Project.
Approved on October 14,2oo3:
Date Date
fd 63
Date Date
PERFORMANCE GUARANTY AND LETTER OF CREDIT AGREEMENT .i J
�31
THIS AGREEMENT (the"Agreement") effective as of Date,by and between the
Town of North Andover Zoning Board of Appeals (the"ZBA'),with an address at 27
Charles Street,North Andover, MA 01845, and Valley Realty Development, LLC
("Developer"), having an address of 231 Sutton Street, Suite 2F,North Andover, MA
01845.
WITNESSETH:
WHEREAS, Developer is the owner of certain property known as Oakridge
Village and Maplewood Reserve located at 2357 Turnpike Street,North Andover,
Massachusetts and being more particularly described in Exhibit A attached hereto (the
"Property");
WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant
to M.G.L. c. 40B, §20 et. seq., dated January 14,2003 (the"Permit") for the construction
of a 270 unit residential condominium (the"Project");
WHEREAS, the Developer did not appeal the Permit or the conditions therein and
therefore all rights for such appeal by the Developer are hereby waived by the Developer;
WHEREAS, the ZBA has required as a condition of the Permit that the Developer
provide security for the completion of certain improvements to the Property(the
"Improvements") set forth in the letter of Vanasse Hangen Brustlin,Inc. ("VHB"}to Mr.
Robert Nicetta, dated , a copy of which is attached hereto as Exhibit B (the
"VHB Letter");
WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of
Credit in lieu of a surety bond as stated in specific condition 27 in the"Permit", to cover
the cost associated with the improvements as set forth in said condition, inclusive of
water and sewer improvements; and
WHEREAS, the Developer has agreed to guarantee the construction of the
Improvements and to provide the required security in the form of a Letter of Credit,
which Letter of Credit will be governed by the terms and conditions hereof.
NOW, THEREFORE, for good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged,the parties hereby covenant and agree as
follows:
1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of
Credit No in the amount of (the"Stated Amount") in favor of the ZBA
issued by (the"Bank") and dated (the"Letter of Credit")with an
expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA
{K0247031.5}
shall hold the Letter of Credit, subject to the terms and conditions of this Agreement.
2. Release of the Letter of Credit. The parties acknowledge that the
Improvements to be completed and the estimated costs associated therewith are contained
in the VHB Letter. The Letter of Credit shall be released or partially released, as the case
may be,upon completion or partial completion of the Improvements. Accordingly, upon
the certification to the ZBA, from time to time, by VHB or such other consultant approved
by the ZBA (the"ZBA Consultant") certifying the Improvements that have been completed
and the corresponding dollar value ascribed to such Improvements in the VHB Letter(the
"Consultant's Certificate'),the Letter of Credit shall be reduced by such amount. The
ZBA shall cooperate with the Developer and(Bank) in facilitating the reduction of
the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the
Building Commissioner for the Town of North Andover, or his designee, shall promptly
execute and deliver to the Developer, for delivery to the Bank, a written direction that the
Stated Amount in the Letter of Credit be reduced by the amount contained in the
Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D.
Upon certification by the ZBA Consultant that all the Improvements have been completed,
the Letter of Credit shall be returned to Developer and terminated and the Building
Commissioner shall so instruct the Bank. The Developer shall pay forthwith, upon written
demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic
certification, from time to time,by the ZBA Consultant. Notwithstanding the foregoing,
upon failure of the Developer to pay such costs and expenses, the ZBA may, ten(10)days
after written demand to the Developer therefore, draw upon the Letter of Credit for such
payment.
3. Presentment of the Letter of Credit. In the event the Improvements have
not been completed on or before , thereafter the ZBA may draw on the Letter of
Credit in the amount of such costs necessary to complete the Improvements not
previously completed,or not certified by VHB to have been completed, including, but not
limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn
upon, the amount drawn shall be used for the completion of the Improvements. Any
unused funds will be returned to Developer upon completion of the Improvements on
behalf of the ZBA.
4. Renewal of the Letter of Credit. In the event the Developer has not
completed the Improvements on or before ,Developer shall replace or extend
the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior
. In the event Developer fails to replace or extend the Letter of Credit on or
before , the ZBA may draw on the Letter of Credit and the proceeds thereof
shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either
fund the cost of the Improvements or be returned to Developer, as the case may be.
5. Performance Guaranty. Developer hereby agrees, warrants and guaranties
to the ZBA that it will complete the Improvements as required. The provisions hereof are
rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection
with the Permit. The foregoing may not be relied upon for any other purpose or relied
upon by any other persons or entities for any reason nor shall it be deemed to create any
K0247 1.5
� 03 ) _ 2
rights in any party or entity other than the ZBA.
6. Amendments. This Agreement may not be waived changed, or
discharged orally but only by an agreement in writing signed by thep arties hereto.
7. Notices. Any notices required to be furnished by either party hereto shall
be personally delivered, sent by overnight courier or by certified mail,return receipt
requested to the parties at the above-noted addresses, and in case of notice to Developer,
a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin &Mellott, LLC, One
International Place, 18`h Floor, Boston, MA 02110, or at such other address as the parties
may designate in writing to the other party hereto.
8. Miscellaneous. Time shall be of the essence of this Agreement. This
Agreement may be executed in one or more counterparts, each of which shall be deemed
an original and all such counterparts shall constitute one and the same instrument. This
Agreement shall be construed in accordance with and governed by the laws of the
Commonwealth of Massachusetts. This Agreement shall be binding upon the successors
and assignees of Developers development rights to the Project. The parties hereto waive
the right to trial by jury in any action to enforce the provisions of this Agreement. The
parties further agree that any action to enforce the provisions of this Agreement shall be
brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of
the Superior Court, the Lawrence District Court.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed
as a sealed instrument as of the date and year first above written.
Signatures on next page.
{K0247031.51 3
i
TOWN OF NORTH ANDOVER Valley Realty Development, LLC
ZONING BOARD OF APPEALS
By: A,4,0By:
BX�C1 By:
By:
BY t !`
By:
By:
(K0247031.5} 4
EXHIBIT C
LETTER OF CREDIT
{K0247031.5) 7
EXHIBIT D
LETTER OF TOWN
TOWN OF NORTH ANDOVER
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
[insert date]
Bank
Re: Irrevocable Letter of Credit No.
Beneficiary: Town of North Andover
Customer:
Dear Sir/Madam:
You are hereby authorized and directed to permanently reduce the Stated Amount
of the above referenced Letter of Credit by the amount of[insert amount o reduction)
($ )US Dollars.
Thank you for your attention to this matter.
Very truly yours,
cc: Bank
Valley Realty Development, LLC
{K0247031.5) 8
Town of North Andover E NORTit
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Streetrep
' °+ •�---• ~a'
North Andover,Massachusetts 01845 'ss^c
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner
Fax(978)688-9542
Oakridge Village and Maplewood Reserve
Notice of Approval under Decision#2002-31
NAME: Valley Realty Development,LLC DATE: November 3,2003
ADDRESS: 231 Sutton.St. Suite 2E-F PETITION: 2002-31
North Andover,MA 01845 HEARING: 07/09/02,08/13/02,09/10/02,
10/17/02, 10/22/02, 10/29/02,
11/12/02, 12/10/02
Voting Members:Ellen McIntyre,George Earley,Walter Soule
The attached Letter of Credit, Affirmative Action Plan and Regulatory Agreement for Oakridge Village and
Maplewood Reserve (approved by the North Andover Zoning Board of Appeals for a comprehensive permit
pursuant to MGL Chap. 40B §§20-22 for 270 housing units on January 14, 2003) are approved by the North
Andover Zoning Board of Appeals and.Code Enforcement Officer. Any Substantial modifications to the attached
documents must be approved by a majority vote of the North Andover Zoning Board of Appeals.
Robert icetta Ellen McIntyre
r `AM. i -1i
George Earley Walter Soule
9 --
a,a
_O
BOARD OF.APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
PERFORMANCE GUARANTY AND LETTER OF CREDIT AG FENT
6.J
THIS AGREEMENT (the "Agreement") effective as of Date, by and between the
Town of North Andover Zoning Board of Appeals (the "ZBA"), with an address at 27
Charles Street, North Andover, MA 01845, and Valley Realty Development, LLC
("Developer"), having an address of 231 Sutton Street, Suite 2F,North Andover, MA
01845.
WITNESSETH:
WHEREAS, Developer is the owner of certain property known as Oakridge
Village and Maplewood Reserve located at 2357 Turnpike Street, North Andover,
Massachusetts and being more particularly described in Exhibit A attached hereto (the
"Propert
WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant
to M.G.L. c. 40B, §20 et. seq., dated January 14, 2003 (the"Permit")for the construction
of a 270 unit residential condominium (the "Project");
WHEREAS,the Developer did not appeal the Permit or the conditions therein and
therefore all rights for such appeal by the Developer are hereby waived by the Developer;
WHEREAS, the ZBA has required as a condition of the Permit that the Developer
provide security for the completion of certain improvements to the Property(the
"Improvements") set forth in the letter of Vanasse Hangen Brustlin, Inc. ("VHB')to Mr.
Robert Nicetta, dated ; a copy of which is attached hereto as Exhibit B (the
"VHB Letter");
WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of
Credit in lieu of a surety bond as stated in specific condition 27 in the"Permit", to cover
the cost associated with the improvements as set forth in said condition, inclusive of
water and sewer improvements; and
WHEREAS, the Developer has agreed to guarantee the construction of the
Improvements and to provide the required security in the form of a Letter of Credit,
which Letter of Credit will be governed by the terms and conditions hereof.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as
follows:
1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of
Credit No in the amount of (the "Stated Amount") in favor of the ZBA
issued by (the "Bank") and dated (the"Letter of Credit")with an
expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA
(K0247031.5)
shall hold the Letter of Credit, subject to the terms and conditions of this Agreement.
2. Release of the Letter of Credit. The parties acknowledge that the
Improvements to be completed and the estimated costs associated therewith are contained
in the VHB Letter. The Letter of Credit shall be released or partially released, as the case
may be, upon completion or partial completion of the Improvements. Accordingly, upon
the certification to the ZBA, from time to time, by VHB or such other consultant approved
by the ZBA (the "ZBA Consultant") certifying the Improvements that have been completed
and the corresponding dollar value ascribed to such Improvements in the VHB Letter(the
"Consultant's Certificate"), the Letter of Credit shall be reduced by such amount. The
ZBA shall cooperate with the Developer and (Bank) in facilitating the reduction of
the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the
Building Commissioner for the Town of North Andover, or his designee, shall promptly
execute and deliver to the Developer, for delivery to the Bank, a written direction that the
Stated Amount in the Letter of Credit be reduced by the amount contained in the
Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D.
Upon certification by the ZBA Consultant that all the Improvements have been completed,
the Letter of Credit shall be returned to Developer and terminated and the Building
Commissioner shall so instruct the Bank. The Developer shall pay forthwith,upon written
demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic
certification, from time to time,by the ZBA Consultant. Notwithstanding the foregoing,
upon failure of the Developer to pay such costs and expenses,the ZBA may, ten(10) days
after written demand to the Developer therefore, draw upon the Letter of Credit for such
payment.
3. Presentment of the Letter of Credit. In the event the Improvements have
not been completed on or before ,thereafter the ZBA may draw on the Letter of
Credit in the amount of such costs necessary to complete the Improvements not
previously completed, or not certified by VHB to have been completed, including,but not
limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn
upon, the amount drawn shall be used for the completion of the Improvements. Any
unused funds will be returned to Developer upon completion of the Improvements on
behalf of the ZBA.
4. Renewal of the Letter of Credit. In the event the Developer has not
completed the Improvements on or before , Developer shall replace or extend
the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior
. In the event Developer fails to replace or extend the Letter of Credit on or
before , the ZBA may draw on the Letter of Credit and the proceeds thereof
shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either
fund the cost of the Improvements or be returned to Developer, as the case may be.
5. Performance Guaranty. Developer hereby agrees, warrants and guaranties
to the ZBA that it will complete the Improvements as required. The provisions hereof are
rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection
with the Permit. The foregoing may not be relied upon for any other purpose or relied
upon by any other persons or entities for any reason nor shall it be deemed to create any
{K0247031.5} 2
rights in any party or entity other than the ZBA.
6. Amendments. This Agreement may not be waived, changed, or
discharged orally but only by an agreement in writing signed by the parties hereto.
7. Notices. Any notices required to be furnished by either party hereto shall
be personally delivered, sent by overnight courier or by certified mail, return receipt
requested to the parties at the above-noted addresses, and in case of notice to Developer,
a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin & Mellott, LLC, One
International Place, 18`h Floor, Boston, MA 02110, or at such other address as the parties
may designate in writing to the other party hereto.
8. Miscellaneous. Time shall be of the essence of this Agreement. This
Agreement may be executed in one or more counterparts, each of which shall be deemed
an original and all such counterparts shall constitute one and the same instrument. This
Agreement shall be construed in accordance with and governed by the laws of the
Commonwealth of Massachusetts. This Agreement shall be binding upon the successors
and assignees of Developers development rights to the Project. The parties hereto waive
the right to trial by jury in any action to enforce the provisions of this Agreement. The
parties further agree that any action to enforce the provisions of this Agreement shall be
brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of
the Superior Court, the Lawrence District Court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as a sealed instrument as of the date and year first above written.
Signatures on next page.
(K0247031.5) 3
TOWN OF NORTH ANDOVER Valley Realty Development, LLC
ZONING BOARD OF APPEALS
By: By:
Y
B By:
B1
Y:
By: ��--
By:
By:
{
K0247031.5) 4
EXHIBIT C
LETTER OF CREDIT
{K0247031.5} 7
EXHIBIT D
LETTER OF TOWN
TOWN.OF NORTH ANDOVER
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
[insert date]
Bank
Re: Irrevocable Letter of Credit No.
Beneficiary: Town of North Andover
Customer:
Dear Sir/Madam:
You are hereby authorized and directed to permanently reduce the Stated Amount
of the above referenced Letter of Credit by the amount of Einsert amount of reduction)
f$ )US Dollars.
Thank you for your attention to this matter.
Very truly yours,
cc: Bank
Valley Realty Development, LLC
(K0247031.5) 8
HOMEBUYERS AFFIRMATIVE MARKETING AND
BUYERS SELECTION PLAN
Oakridge Village (f/k/a The Upper Meadows)
Maplewood Reserve (f/k/a The Lower Meadows)
2357 Turnpike Street
North Andover, Massachusetts 01845
Cn
C:-7
a rsp
Submitted by:
JTE Realty Associates, LLC
P. O. Box 955
North Andover, Massachusetts 01845
Telephone (978)258-3492
Date: October 3, 2003
Oakridge Village
Maplewood Reserve
Property Description
The project is a community of 270 new construction condominiums located at 2357
Turnpike Street. The project is being developed by Valley Realty Development, LLC,
also located in North Andover. The project consists of Oakridge Village/(f/k/a the Upper
Meadows) and Maplewood Reserve (f/k/a the Lower Meadows). Oakridge Village
consists of 192 condominium units located in 4 three-level elevator buildings constructed
of steel frame and concrete flooring with 45 one-bedroom units and 147 two-bedroom
units, community building, outdoor pool and 428 parking spaces. Maplewood Reserve
consists of 78 three-bedroom townhouse condominiums located in 27 residential
buildings, a community building, outdoor pool and 234 parking spaces. Each community
building will have sitting area with fireplace, fitness center and common area kitchen.
Other site amenities within the community include a tot lot, hiking trails and kiosk bus
stop.
Twenty-five percent (25%) plus an additional seven units, for a total of 75 units, 27.78%,
will be sold by lottery as affordable units and targeted as described below. The
affordable units will be dispersed throughout the development, mixed with market rate
units, and shall be indistinguishable from the outside as being affordable. The applicant
shall endeavor to not locate any two affordable units contiguous to each other, unless the
design of the buildings makes locating the 75 affordable units in this manner
unattainable. The utilities, equipment, fixtures and appliances in the affordable units shall
be the same as those in the standard market rate units at the time of first conveyance.
This shall not be construed to prevent buyers of standard market rate units from
upgrading the utilities, equipment, fixtures and appliances, among others, in those units.
Pre-construction one-bedroom market rate units will range in price from $199,000 to
$215,000. The eighteen (18) affordable one-bedroom units will have a price of$146,000.
Pre-construction two bedroom market rate units will range in price from $235,000 to
$255,000. The thirty-seven (37) affordable two-bedroom units will have a price of
$160,000. Pre-construction three bedroom market rate units will range in price from
$399,000 to $439,000. The twenty(20) affordable three bedroom townhouses will have a
price of$174,000.
-1-
The one, two and three bedroom affordable units will be allocated between the major set-
aside categories follows:
18 37 20 75
1-Bedroom' 2 Bedroom 3 Bedroom Total
Up to Local Set Aside 70% 12 26 14 52
General Population 30% 6 11 6 23
Total 18 37 20 75
Income and Asset Requirements
Purchasers of the 75 affordable units will be required to have incomes below 80% of
current Median Income for the Lawrence PMSA, adjusted for family size. Annual
income is defined as the gross annual income of all household members over the age of
18 (not including full time students) during the most recent calendar year (2004, or later
date to be determined based on construction timeline).
For households under the age of 55, the total gross asset limitation is $50,000, including
the value of the primary residence. If one household member is over the age of 55, the
total gross household asset limitation is $375,000 including the value of the primary
residence.
Other threshold requirements, such as minimum/maximum household size and the ability
to obtain financing and pay closing costs on the part of applicants apply. Applicants must
remain qualified at all stages of the process including pre-screening, lottery selection,
mortgage commitment and conveyance. Evidence of eligibility may be requested from
the applicant subsequent to the submittal of the application and through the time a unit is
sold by the developer.
Local Set Aside
Local Set Aside—Up to 70%, 52 Units:
Up to seventy percent (70) percent of the seventy-five (75) affordable units, a total of
fifty-three(52)units, will be established as a local set aside.
The Lawrence PMSA has a minority percentage of 19.9%. In order to comply with
DHCD regulations, after the close of the advertising period, if the percentage of minority
applicants in the local preference pool is less than the percentage of minorities in the
surrounding HUD-defined area, the number of minority applicants in the local preference
pool will need to be adjusted to the percentage of minorities in the surrounding HUD-
defined area, by adding the required number of minority applications from the general
state-wide pool to achieve the appropriate representation within the local preference pool.
-2-
A pre-lottery will be conducted at the beginning of the affordable unit lottery to select the
appropriate number of minority applications that will be entered in the local preference
pool to comply with this regulation. Applicants will be entered into all pools for which
they qualify.
Within this local set aside category, 26 units will be established as the North Andover
municipal employee preference pool (Pool #1). To be eligible for this preference, at
least one member of the applicant household must be a North Andover municipal
employee, as defined.
A North Andover municipal employee is defined as a household in which any member is
currently employed by the Town of North Andover or a retired Town of North Andover
employee or any member of the household that is currently employed by the North
Andover Housing Authority or retired by the North Andover Housing Authority,
regardless of where they currently reside.
Within the local set aside category, eleven (11) units will be set aside for North Andover
residents over age 55 (Pool #2) and fifteen (15) units will be set aside for North Andover
residents under the age of 55 (Pool #3-all other residents). To be eligible for either
preference, at least one member of the applicant household must be a North Andover
resident or an immediate family member of current North Andover resident, as defined.
A resident of the Town of North Andover is defined as a current resident of the Town of
North Andover or a person, regardless of where they currently reside, who has a member
of their immediate family who currently resides in North Andover. Immediate family
includes a parent, child or sibling.
The allocation of the one, two and three bedroom units within the Local Preference
category will be split among three pools as follows:
12 26 14
1-Bedroom 2 Bedroom 3 Bedroom Total
Municipal Employees Pool#1 - 6 14 6 26
Residents—Over Age 55 -Pool#2 3 6 2 11
Resident—Under Age 55 Pool#3 3 6 6 15
Total 12 26 14 52
-3-
The order of drawing within the local set aside will be Pool #1, Pool #2 and Pool #3. If
there are an insufficient number of ballots in Pool #1 to fill the 26 affordable units, the
remaining balance of units will be added to Pool #2. If there are an insufficient number
of ballots to fill the 11 affordable units in Pool #2, the remaining balance of units will be
added to Pool#3.
General Population—30%, 23 Units:
Thirty percent (30%) of the 75 units equal to 23 units will be set-aside for the statewide
general population.
Within the General Population category, 23 units will be set-aside as the statewide
population pool.
1-Bedroom' 2 Bedroom 3 Bedroom Total
State Wide General Population 6 11 6 23
-Pool #4 Total
Eligible applicants will be placed in as many pools as that they are qualified to enter in
accordance with DHCD regulations. A confirmation letter indicating which lottery pools
the eligible applicants have been entered into and a registration card/ballot with
registration number will be provided by mail, at the conclusion of all preliminary
requirements, as noted above.
Affirmative Marketing Plan
In accordance with Section 5 of the Regulatory Agreement:
The Developer shall not discriminate on the basis of race, creed, color, sex, age,
handicap, marital status, national origin or any other basis prohibited by law in the
selection of the buyers for the Affordable Units. The Developer shall affirmatively
market the Affordable Units to minority households through direct outreach efforts to
local churches, social service and civic organizations as well as local and area-wide
newsprint media where minority households are most likely to be contacted. This
outreach effort must continue for a period of at least sixty (60) days prior to the
selection of buyers for the affordable units. The Developer agrees to maintain for at
least five (5) years following the sale of the affordable units, a record of all
newspaper ads, outreach letters, translations, leaflets and any other outreach efforts,
which may be inspected by the Monitoring Agent or the Municipality.
-4-
Advertising and Sales Promotion
The objective of the affirmative fair marketing plan is to attract minority applicants who
are qualified buyers. A variety of media and outreach contacts will be used to provide
information to minority groups. The outreach program will also inform local residents
and non-residents about the availability of the affordable program units. The affirmative
fair marketing plan will utilize the following approach:
• Newspaper advertising in minority and community publications
• Communications with community groups, social, religious, municipal
Advertisements will be placed in the following newspapers:
Newspaper Target Market
Rumbo Hispanic
Baystate Banner African American
The Sampan Asian/Pacific Islander
O Journal Cape Verdean
Newsletter
Native American Native American/Alaskan
Tribal Council Native
The advertisement will be placed in all of the newspapers twice (one/month) during the
sixty-day advertising period. All advertisements will include the HUD equal housing
opportunity logo.
Other newspapers such as the Lawrence Eagle Tribune or the Lowell Sun, will also be
used to promote the affordable homeownership opportunity to all members of the public.
A complete file of all advertisements, notices and flyers and a list of community contacts
will be established and maintained for a period of five years.
Outreach Plan
In addition to newspaper advertising in minority and community publications, direct
outreach efforts will be made to local churches, social services, and civic organizations.
Telephone contact with a follow-up letter to each organization will explain the affordable
condominium home opportunity at Oakridge Village/Maplewood Reserve for
participation by eligible applicants. Bulletin board flyers, that summarize the program in
a fashion similar to newspaper advertisements, will be provided to these organizations.
-5-
The town's website will also be used to notify municipal employees of the affordable
condominium home opportunity. Notices will also be prepared for municipal employees
and included with a payroll during the advertising period. This will include details of
where or how to obtain an application and information packet and details regarding the
training sessions.
Advertising? and Sales Promotion Timetable
Subsequent to receiving the monitoring agent (CHAPA) approval, advertising and
outreach will commence for a sixty (60) day period six to eight months prior to estimated
completion date of the first building. The projected occupancy date of the first building
is to be determined. During this period of time applications will be accepted from all
groups. Two informational meetings will be held during the sixty (60) advertising
period. Applicants will be given the necessary guidance to complete the application.
Applicants will be encouraged, but not required to attend the informational meeting.
Within a two to three week period of the close of the advertising and pre-lottery
activities, the affordable unit lottery will be conducted.
Due to the possibility that the project may be built-out with significantly different initial
occupancy dates, it may be necessary to conduct two separate lotteries; one for Oakridge
Village and one for Maplewood Reserve. If it becomes necessary to conduct two
separate lotteries, the outreach plan, advertising and sales promotion, two informational
meetings and application intake and processing will be conducted, separately for
Oakridge Village and Maplewood Reserve, within the six to eight months of initial
occupancy.
Buyer Selection Process
The selection process for the affordable units will consist of a series of pools referenced
generally as a lottery selection. The pools have been designed to recognize a North
Andover municipal employee preference, a North Andover elderly preference, a North
Andover residency and Immediate Family of Current Residents, as outlined and further
defined in the Local and Minority Preference Plan.
Pool#1 Pool#2 Pool#3 Pool#4
Municipal Employee Residents and Residents and General
and N. Andover Immediate Immediate State Wide
Housing Authority Family Members, Family Members, Population
employee, as defined as defined as defined—
Over Age 55 Under age 55
Elderly
26 Units 11 Units 15 Units 23 Units
-6-
Applications will be reviewed to determine threshold eligibility. Those households that
meet threshold eligibility will be notified by mail after the close of advertising and pre-
lottery activities, described above under the Local Set Aside section, and will receive:
• Confirmation Letter — confirming threshold eligibility with registration number
and information regarding the number of pools the household will be entered in.
• Registration Card — This registration card will have two sections, an applicant
section and perforated sections representing a ballot for each lottery pool.
Applicants will receive their portion of the card with registration number. The
perforated matching ballots will be used to enter the eligible applicants in the
pools that they have been qualified to enter. These ballots will have matching
registration numbers to the applicant registration section. Eligible applicants will
be entered in as many pools that they are eligible to enter.
The ballots will be placed in the ballot box and drawn one by one. The order of the
application selection will be as follows:
Pool#1
Pool #2
Pool#3
Pool#4
All ballots placed in the pools will be drawn randomly and assigned a lottery selection
number in the order drawn. Four Lottery Selection Lists will be established to match the
corresponding Lottery Pools and to track the order of ballot selection
After completing the selection of every ballot for Pool #1 and assigning a lottery
selection placement number on Pool #1 Lottery Selection List, the lottery selection will
move on to the next pool and the same procedure will be implemented until all ballots
have been pulled from all Pools and all Lottery Selection Lists have been completed.
There are three unit sizes in Oakridge Village/Maplewood Reserve that have been
proportionately allocated among the pools as outlined above. Once the application
selection is complete, the appropriate number of selected applications for each pool by
bedroom size need will be assembled and the selected applicants will be notified that they
must begin the process of obtaining their financing.
-7-
The order of drawing within the local set aside will be Pool #1, Pool #2 and Pool #3. If
there are an insufficient number of ballots in Pool #1 to fill the affordable unit allocation,
the remaining balance of units will be added to Pool #2. If there are an insufficient
number of ballots to fill the affordable unit allocation in Pool #2, the remaining balance
of units will be added to Pool#3. If, after completing the ballot selection of the local set
aside, there are any remaining affordable units, those units will be added to the General
State Wide Set Aside category, Pool ##4.
If at any point in the lottery process a selected applicant becomes ineligible, the next
eligible applicant in the appropriate pool with the same bedroom need size will be
notified that they must begin the process of obtaining their financing.
-8-
L LtREGULATORY AGREEMENT
.IY. S
f-�ii.J
[FHLBB-NEW ENGLAND FUND]
`- "j*a `1 P 3: For Ownership Projects
This Regulatory Agreement(this"Agreement") is made this day of 2004
by Valley Realty Development, LLC , a Massachusetts Limited Liability Company having an
address at P.O. Box 907 North Andover,MA 01845 ("Developer") and ,N.A. of
, MA (the"Bank"), a member institution of the Federal Home
Loan Bank of Boston.
BACKGROUND:
A. The Developer intends to construct a 270-unit homeownership development on an
approximate 47.14 acre site on Turnpike Street Road in North Andover, MA, more particularly
described in Exhibit A attached to and made apart of this Agreement(the "Project");
B. The Developer has received a comprehensive permit(the "Comprehensive Permit")
from the Zoning Board of Appeals for the City/Town of North Andover(the "Municipality")under
Chapter 40B of the Massachusetts General Laws,which permit is recorded at the Essex North
District Registry of Deeds(the"Registry")herewith.
C. The Comprehensive Permit has specified that 75 units, or 27.78% of the total units in
the Project will be affordable units(the"Affordable Units")which will be subject to this Regulatory
Agreement to restrict the sale of the Affordable Units to moderate income first time home buyers.
D. Pursuant to the terms of this Regulatory Agreement, the Affordable Units will be
sold to households earning no more than eighty percent(80%)of the median income,by household
size, for the Lawrence, MA-NH PMSA Area(the "Base Income") as published from time to time
by the Department of Housing and Community Development of the Commonwealth of
Massachusetts or successor agency("DHCD").
E. The Project is being financed under the Federal Home Loan Bank of Boston's New
England Fund("NEF") and the NEF requires that the Developer provide the number of Affordable
Units described above;
F. Pursuant to the requirements of the Comprehensive Permit and this Regulatory
Agreement, the Developer has agreed to retain Citizens'Housing and Planning Association, Inc.
(the "Monitoring Agent") to perform monitoring and enforcement services regarding compliance of
the Project with the Affordability Requirement and compliance of the Developer with the Limited
Dividend Requirement.
G. The Affordable Units in Oakridge Village are the following Units: Building 1: Units 3,
5, 9, 11,15, 17, 21, 23, 27, 33, 35; Building 2: Units 39,41, 45, 47, 51, 53, 59, 63, 65, 71; Building
3: Units 76, 81, 83, 86, 92, 95, 98, 104, 107; Building 4:Units 110, 112, 114, 117, 119, 121, 123,
-1-
125, 127, 128, 130, 132, 134, 139, 141, 145, 149, 151, 154, 158, 163, 165, 173, 175, 178 and in
Maplewood Reserve the following Units: Building 6: Unit 7 and 10;. Building 9: Unit 4; Building
11: Unit 4; Building 13: Units 2 and 4; Building 14: Unit 2;Building 15: Unit 2; Building 16: Units
2 and 5; Building 17: Unit 2; Building 18: Units 2 and 4;Building 20: Unit 2; Building 22: Unit 2;
Building 23: Units 2 and 4; Building 25: Unit 2;Building 26: Unit 3: Building 27: Unit 3 all at
Maplewood Reserve/Oakwood Village Condominium, a condominium to be established by Master
Deed to be recorded with the Registry. The Affordable Units are the Units referred to as the First
Home Units in the Master Deed.
NOW THEREFORE, in consideration of the agreements and covenants set forth in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Developer and the Bank agree and covenant as follows:
1. Unit Designation. The distribution of the Affordable Units by unit size shall be as
set forth below:
1 BEDROOM 2 BEDROOM 3 BEDROOM
Number of Units 18 37 20
Oakridge Village Oakridge Village Maplewood Reserve
Bldg./Unit Nos. Bldg./Unit Nos. Bldg./Unit Nos.
Building 1: Units Building 1: Units Building 6: Units 7 and
5, 9, 17, 21, 33. 3, 11,15,23, 27, 35. 10.
Building 2: Units Building 2: Units Building 9: Unit 4.
41, 45, 53, 65. 39,47, 51, 59, 63, 71.
Building 11: Unit 4.
Building 3: Units Building 3: Units
81, 86, 98. 76, 83, 92, 95, 104, 107. Building 13: Units
2 and 4.
Building 4: Units Building 4: Units
110, 121, 127, 134, 112, 114, 117, 119, 123, Building 14: Unit 2.
145, 158. 125, 128, 130, 132, 139,
141, 149, 151, 154, 163, Building 15: Unit 2.
165, 173, 175, 178.
Building 16: Units 2 and
5.
Building 17: Unit 2.
Building 18: Units 2 and
4.
-2-
Building 20: Unit 2
Building 22: Unit 2.
Building 23: Units 2 and
4.
Building 25: Unit 2
Building 26: Unit 3.
Building 27: Unit 3
Initial Affordable Price $146,000.00 $160,000.00 $174;000.00
(the initial Certified
Sale Price)
The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the
Base Income for a family of four(4) would pay no more than 33% of gross income for the sum of
annual debt service on a mortgage of 95%of the Certified Sales Price (including principal and
interest at current interest rates)plus property taxes,property insurance (unless covered by the
condominium fees),private mortgage insurance and any required condominium association fees.
The Certified Sales Price shall be determined by the Monitoring Agent.
2. Affordability. Except as specifically provided in the Deed Rider attached as Exhibit
B, the Affordable Units shall be sold to households which have an annual income equal to or less
than the Base Income as adjusted from time to time according to DHCD guidelines.
The first sale of an Affordable Unit by the Developer shall be at a price not in excess of the
Initial Affordable Price set forth in Section 1 of this Agreement for that Affordable Unit.
Subsequent sales ("Resales") of Affordable Units shall be for sale prices that are affordable to
families of four whose gross annual income is equal to 80% of the median income for the
Haverhill MA-NH Primary Metropolitan Statistical Area as determined by DHCD at the time of
such subsequent sale (the "Maximum Resale Price"). The Maximum Resale Price shall be
determined by the Monitoring Agent within fourteen (14) days of the Monitoring Agent receiving
notice from the seller of its intention to sell the Affordable Unit, and shall be calculated in the
same manner as the Certified Sales Price, above. In the event that a subsequent seller of an
Affordable Unit disputes the Monitoring Agent's determination of the Maximum Resale Price,
the Seller may appeal said determination to the Municipality or its designated board or official,
which may, in its sole discretion, either (a) affirm the Monitoring Agent's determination; (b)
annul the Monitoring Agent's determination and set a different Maximum Resale Price; or (c)
annul the Monitoring Agent's determination and direct the Monitoring Agent to re-calculate the
Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit and
-3-
this Agreement. The seller's appeal of the Monitoring Agent's determination to the Municipality
shall be its sole remedy, and the Municipality's decision shall be final.
3. Deed Riders. Deed Riders. At the time of sale of the Affordable Units by the
Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the
Affordable Units to execute a deed rider substantially in the form of Exhibit B attached to and made
a part of this Agreement(each a"Deed Rider"). Each Deed Rider shall require the unit owner at the
time he/she desires to sell the Affordable Unit to notify the Monitoring Agent so that the Monitoring
Agent can make a determination of the Maximum Resale Price. The owner of the Affordable Unit
must thereafter offer the unit to the Municipality at the Maximum Re-sale Price which may or may
not exercise its right-of-first refusal and if not, the seller must find a purchaser who meets the
income guidelines.
The Deed Rider requires the Affordable Unit owner and any purchaser to execute at the time
of resale a similar Deed Rider which shall be attached to and made a part of the deed from the
owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time
that subsequent resale of the Affordable Unit occurs during the period of affordability specified in
this Agreement.
4. Dividend Limitation. Developer agrees that the profit to the Developer or to the
members, or other owners of Developer or of the Project shall not exceed twenty percent(20%) of
total development costs of the Project, exclusive of development fees (the"Allowable Profit").
Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer
shall deliver to the Monitoring Agent an itemized statement of total development costs together
with a statement of gross sales revenues from the Project received by the Developer to date certified
by the Developer("Certified Cost and Income Statement"). If all units in the Project which are
offered for sale have not been sold as of the date the Certified Cost and Income Statement is
delivered to the Monitoring Agent, the Developer shall at least once every ninety(90) days
thereafter, until such time as all of the units which are offered for sale are sold, deliver to the
Monitoring Agent an updated Certified Cost and Income Statement. After all units in the Project
which are offered for sale have been sold, the Developer shall deliver to the Monitoring Agent a
final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable
Profit shall be paid by the Developer to the Municipality. The Municipality shall deposit such funds
into an affordable housing fund to be used by the Municipality for the purposes of encouraging,
creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the
Municipality. The Allowable Profit shall be measured as the excess of certified income, less any
brokerage fees and commissions and selling expenses over certified costs and less all development
costs related to the Project including costs incurred by the developer as administrative and overhead
expenses which do not exceed four percent(4%) of total development costs, excluding such
administrative and overhead costs. Acceptable development costs include,but are not limited to,
the cost of site acquisition,which for the purposes of the Certified Cost and Income Statement used
for the calculation of the Dividend Limitation, shall be defined as the market value of the Land
determined by Avery Associates,the appraiser for Banknorth,N.A, which shall not be less than
$8,250,000.
-4
5. Affirmative Marketing. The Developer shall not discriminate on the basis of race,
creed, color, sex, age, handicap,marital status,national origin or any other basis prohibited by law
in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market
the Affordable Units to minority households through direct outreach efforts to local churches, social
service and civic organizations as well as local and area-wide newsprint media where minority
households are most likely to be contacted. This outreach effort must continue for a period of at
least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to
maintain for at least five(5)years following the sale of the Affordable Units, a record of all
newspaper ads, outreach letters translations, leaflets and any other outreach efforts which may be
inspected by the Monitoring Agent or the Municipality.
6. Recording. Upon execution of this Agreement, the Developer shall immediately
cause this Agreement to be recorded or filed with the Registry. Upon recording and/or filing as
applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent
evidence of such recording and/or filing.
7. Representations. The Developer represents, covenants and warrants as follows:
(a) The Developer(i)is a limited liability company duly organized under the laws of
the Commonwealth of Massachusetts, and is qualified to transact business under the
laws of this state, (ii)has the power and authority to own properties and assets and to
carry on its business as now being conducted, and(iii)has full legal right,power and
authority to execute and deliver this Agreement.
(b) The execution and performance of this Agreement by the Developer(i)will not
violate or, as applicable, has not violated any provision of law,rule or regulation, or
any order of any court or other agency or governmental body, and(ii)will not violate
or, as applicable, has not violated any provision of any indenture, agreement,
mortgage, mortgage note or other instrument to which the Developer is a party or by
which it or the Project is bound, and(iii)will not result in the creation or imposition
of any prohibited encumbrance of any nature.
(c) The Developer will, at the time of execution and delivery of this Agreement,have
good and marketable title to the Project free and clear of any lien or encumbrance,
subject to the encumbrances created pursuant to this Agreement, any loan documents
relating to the Project, or other permitted encumbrances.
8. Governing Law/Amendments/Severability. This Agreement shall be governed by the
laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in
writing and executed by all of the parties to this Agreement. The invalidity of any clause,part, or
provision of this Agreement shall not affect the validity of the remaining portions of this
Agreement.
9. Monitoring Agent. The Developer shall retain the Monitoring Agent for purposes of
monitoring Developer's performance under this Agreement pursuant to an agreement acceptable to
-5-
the Monitoring Agent and the Bank. All notices and reports required to be submitted under this
Agreement shall be submitted directly to the MonitoringAgent. The Monitoring Agent shall have
authority to act in all matters relating to this Agreement.
10. Notices. All notices to be given pursuant to this Agreement shall be in writing and
shall be deemed given when delivered by hand or when mailed by certified or registered mail,
postage prepaid, return receipt requested, to the parties to this Agreement at the addresses set forth
below, or to such other place as a party may from time to time designate by written notice with a
copy to the Monitoring Agent:
Developer:
Valley Realty Development, LLC
P.O. Box 907
North Andover, MA 01845
Bank:
Monitoring Agent:
Citizens Housing and Planning Association, Inc.
18 Tremont Street
Boston, Massachusetts 02108
Municipality:
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Attention: Chairman
11. Term. The term of this Agreement shall be ninety-nine years, unless this restriction
is approved as an affordable housing restriction in accordance M.G.L. c. 184, §§ 31-33, in which
case the restriction shall be in perpetuity, terminating with respect to each of the Affordable Units
on the date on which the Deed Rider attached as Exhibit B is no longer applicable to such
Affordable Unit..
Upon the expiration of the term of each Deed Rider, each of the then owners of Affordable
Units shall be bound to pay to the Municipality(a) all proceeds of sale at the time of sale in excess
of the Maximum Resale Price of such unit at the time of sale as if such unit were still subject to
the provisions of this Agreement,which sale shall be at arms length and for the fair market value
of such unit, or(b) a payment by refinancing or from other sources to the Municipality in the same
amount as the Municipality would receive if such unit were still subject to the provisions of this
-6-
Agreement in the event of a sale at fair market value on the date of payment the expiration of the
term of this Agreement. The provisions of this section of this Agreement shall survive the
expiration of the term of this Agreement.
12. Successors and Assigns. The Developer intends, declares and covenants on behalf of
itself and its successors and assigns (i)that this Agreement and the covenants, agreements and
restrictions contained in this Agreement shall be and are covenants running with the land,
encumbering the Project for the term of this Agreement, and are binding upon the Developer's
successors in title, (ii) are not merely personal covenants of the Developer, and(iii) shall bind the
Developer, its successors and assigns for the term of the Agreement. Developer agrees that any
and all requirements of the laws of The Commonwealth of Massachusetts to be satisfied in order
for the provisions of this Agreement to constitute restrictions and covenants running with the land
shall be deemed to be satisfied in full and that any requirements of privity of estate are also
deemed to be satisfied in full.
13. Default. If any default,violation or breach by the Developer under this Agreement is
not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the
Developer thereof, then the Monitoring Agent may send notification to the Bank and the FHLBB
that the Developer is in violation of the terms and conditions of this Agreement. The Bank and/or
the FHLBB may exercise any remedy available to it, including calling its advance under the NEF
or increasing the interest rate on such advance. The Municipality or the Monitoring Agent may
also exercise any legal remedy available to it. The Developer shall pay all costs and expenses,
including legal fees, incurred by Monitoring Agent in enforcing this Agreement, and, in the event
of any action by the Monitoring Agent against the Developer,the Monitoring Agent shall be
entitled to seek an attachment against the Developer's property including,without limitation, its
interest in the Project. The Monitoring Agent may perfect a lien on the Project by recording/filing
one or more certificates setting forth the amount of the costs and expenses due and owing in the
Registry. A purchaser of the Project or any portion of it shall be liable for the payment of any
unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the
purchaser's acquisition of the Project or portion thereof.
14. Mortgagee Consent. The Developer represents and warrants that it has obtained the
consent or subordination of all existing mortgagees of the Project to the execution and recording of
this Agreement and to the terms and conditions of this Agreement and that all such mortgagees have
executed a consent or subordination to this Agreement which shall be recorded/filed herewith.
15. Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable
for any action taken or omitted under this Agreement so long as it shall have acted in good faith and
without gross negligence.
16. Indemnification. The Developer, for itself and its successors and assigns, agrees to
indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities,
including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its
relationship to the Project under this Agreement and not involving the Monitoring Agent acting in
bad faith and with gross negligence.
-7
17. Amendments This Agreement shall not be amended without written consent of the
Monitoring Agent.
IN WITNESS WHEREOF,the parties to this Agreement have caused this Agreement to be
executed as a sealed instrument as of the date first above written.
DEVELOPER: Valley Realty Development, LLC BANK:
By: By:
, Its Manager , Its
By:
,Its Manager
By:
, Its Manager
COMMONWEALTH OF MASSACHUSETTS
County of Essex , 2004
Then personally appeared the above-named<>, <>and<>,Managers of Valley Realty
Development, LLC, and acknowledged the foregoing instrument to be their free act and deed,before
me.
Notary Public
My commission expires:
-8-
EXHIBIT B
DEED RIDER
For
FHLBB New England Fund
Ownership Project
(annexed to and made part of that certain deed(the "Deed")
from Valley Realty Development, LLC ("Grantor")
to ("Grantee")
dated , 200_
WITNESSETH:
WHEREAS, a comprehensive permit for land in the City/Town of North Andover,
Massachusetts (the"Municipality")has been granted under Chapter 40B of M.G.L. for the
purpose of constructing 270 residential units(the"Project") comprised of units to be sold by the
Grantor at market rates, 75 units to be sold to households with low and moderate incomes in
accordance with the terms and provisions of the Regulatory Agreement by and between Valley
Realty Development, LLC (the"Developer") and (the"Bank"), as part of the New
England Fund Program (the"Regulatory Agreement")which Regulatory Agreement is dated
_, 200_and is recorded/filed with the Essex North District Registry of Deeds(the
"Registry") in Book at Page ;
WHEREAS, the rights and restrictions granted in this Rider to the Municipality serve the
public's interest in the creation and retention of affordable housing for persons and families of
low and moderate income and in the restricting the resale price of property in order to assure its
affordability by future low and moderate income purchasers;
WHEREAS,pursuant to the Regulatory Agreement, eligible purchasers such as the
Grantee are given the opportunity to purchase certain property at a discount of the property's
appraised fair market value if the purchaser agrees to convey the property on resale to an income-
eligible purchaser located by the Municipality or,to the Municipality, for a"Maximum Resale
Price" as specified in this Rider and in the Regulatory Agreement;
WHEREAS, the"Maximum Resale Price"is intended to ensure long-term affordability
of the Property to a household at 80%of area median income;
WHEREAS, the Maximum Resale Price shall be determined by the Monitoring Agent, as
described in the Regulatory Agreement, to be a price such that a household earning no greater
-1-
than 80% of the median income for the Lawrence, MA-NH Primary Metropolitan Statistical Area
for a family of four(4)would pay no more than 33%of gross income for the sum of annual debt
service on a mortgage of 95% of the Maximum Resale Price (including principal and interest at
current interest rates)plus property taxes,property insurance(unless covered by the
condominium fees),private mortgage insurance and any required condominium association fees.
WHEREAS, the Grantor and the Grantee are participating in the NEF Program, and in
accordance with the NEF Program the Grantor is conveying that certain real property more
particularly described in the Deed to which this Deed Rider is attached("Provert ') to the
Grantee at a consideration which is less than the appraised value of the Property; and
NOW THEREFORE, as further consideration from the Grantee to the Grantor and the
Municipality for the conveyance of the Property at an affordable price in accordance with the
Regulatory Agreement, the Grantee,his/her heirs, successors and assigns, agrees that the
Property shall be subject to the following rights and restrictions which are imposed for the
benefit of and shall be enforceable by, the Grantor's assignees and designees, or the Monitoring
Agent, or the Municipality, acting by and through its chief elected official.
1. Right of First Refusal. (a)When the Grantee or any successor in title to the
Grantee shall desire to sell,dispose of or otherwise convey the Property, or any portion thereof,
the Grantee shall first notify the Monitoring Agent and subsequently the Municipality in writing
of the Grantee's intention to so convey the Property(the"Notice"). The Notice shall request the
Monitoring Agent to set the Maximum Resale Price of the Property and shall advise the
Municipality of a 30 day right of first refusalinfavor of the Municipality. The Maximum Resale
Price shall be determined by the Monitoring Agent within thirty (30) days of such request, and
shall be calculated in the same manner as the Monitoring Agent calculated the Initial
Affordable Price for the Property as provided in the Regulatory Agreement. If the Grantee
disputes the Monitoring Agent's determination of the Maximum Resale Price, the Grantee may
appeal said determination to the Municipality or its designated board or official, which may, in
its sole discretion, either (a) affirm the Monitoring Agent's determination; (b) annul the
Monitoring Agent's determination and set a different Maximum Resale Price; or (c) annul the
Monitoring Agent's determination and direct the Monitoring Agent to re-calculate the
Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit
and this Agreement. The Grantee's appeal of the Monitoring Agent's determination of the
Maximum Resale Price to the Municipality shall be the Grantee's sole remedy, and the
Municipality's decision shall be final. Within thirty(30) days of the giving of the Notice by the
Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is
proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its
right of first refusal to purchase the Property(the,"Municipalit)'s Notice'). For the purpose of
this Deed Rider, an"Eligible Purchaser" shall mean a purchaser whose household income is less
than the Base Income as defined in the Regulatory Agreement,and who,if located by the
Municipality, is ready and willing to purchase the Property within ninety(90) days after the
Grantee gives the Notice. -
-2-
(b) In the event that (i)the Municipality's Notice states that the Municipality does not
intend to proceed to locate an eligible purchaser and that the Municipality does not intend to
exercise its right of first refusal to purchase the Property,or the Municipality fails to give the
Municipality's Notice within thirty(30) days, the Grantee must use diligent efforts to find an
eligible purchaser within a one hundred twenty(120)day period from the date the Property is put
on the market, as determined by the date of the first advertisement for sale, as set forth below.
The term"diligent efforts shall mean (A) the placement of an advertisement in the real estate
section of at least one newspaper of general circulation for a period of three consecutive weeks
which sets forth a customary description of the unit for sale, a single price which is not in excess
of the Maximum Resale Price, Grantee's telephone number, and the phrase: "Sale of unit subject
to certain guidelines and restrictions with respect to the maintenance and retention of affordable
housing for households of low and moderate income."and(B)the receipt of satisfactory
evidence that the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to
locate an eligible purchaser within one hundred twenty(120) days from the date the Property is
put on the market, the Grantee may convey the Property to any third party at no less than the fair
market value, free of all restrictions set forth in this Deed Rider,provided, however, all
consideration and payments of any kind received by the Grantee for the conveyance of the
Property to the third party which exceeds the Maximum Resale Price shall be immediately and
directly paid to the Municipality after review by the Monitoring Agent. Upon receipt of this
excess amount, if any, the Municipality, shall issue to the third party and to the Monitoring Agent
a certificate in recordable form(the"Compliance Certificate") indicating the Municipality's
receipt of the excess amount, if applicable, or indicating that no excess amount is payable, and
stating that the Municipality has elected not to exercise its right of first refusal, and indicating
the Monitoring Agent's approval of the saleof the Property to the third party consistent with
the terms of this Deed Rider. This Compliance Certificate is to be recorded in the appropriate
Registry of Deeds or registered with the appropriate Registry District of the Land Court and such
Compliance Certificate may be relied upon by the then owner of the Property and by third parties
as constituting conclusive evidence that such excess amount, if any,has been paid to the
Municipality, or that no excess amount is payable, and that the rights, restrictions, agreements
and covenants set forth in this Deed Rider are null and void. The sale price to a third party shall
be subject to the Monitoring Agent's approval and the Monitoring Agent may withhold its
approval if in its sole judgment the purchase price is not consistent with the requirements of this
Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price
shall be evidenced by its issuance of an acceptance by the Monitoring Agent of the
Municipality's Compliance Certificate. Funds received by a Municipality under this paragraph
shall be deposited in an affordable housing fund to be used by the Municipality to support other
affordable housing within the municipality.
(c) In the event the Municipality,within said thirty(30)day period,notifies the
Grantee that the Municipality is proceeding to locate an eligible purchaser or that the
Municipality shall exercise the Municipality's right of first refusal to purchase the Property, the
Municipality may locate an eligible purchaser,who shall purchase the Property at a price not in
excess of the Maximum Resale Price subject to a Deed Rider,within sixty(60) days of the date
that the Municipality's Notice is given, or the Municipality may purchase the Property itself at a
price not in excess of the Maximum Resale Price within sixty(60) days of the date that the
-3-
Municipality's Notice is given. If more than one eligible purchaser is located by the
Municipality, the Municipality shall conduct a lottery or other like procedure to determine which
eligible purchaser shall be entitled to the conveyance of the Property.
(d) If an eligible purchaser is selected to purchase the Property, or if the Municipality
elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible
purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed
conveying a good and clear record and marketable title to the Property free from all
encumbrances except (i) such taxes for the then current year as are not due and payable on the
date of delivery of the deed(ii)any lien for municipal betterments assessed after the date of the
Notice, (iii)provisions of local building and zoning laws, (iv) all easements,restrictions,
covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v)the
Regulatory Agreement which cannot be amended without the consent of the Monitoring Agent,
(vi) such additional easements, restrictions, covenants and agreements of record as the
Municipality and the Monitoring Agent consent to, such consent not to be unreasonably withheld
or delayed, and(vii) in the event that the Property is conveyed to an eligible purchaser, a Deed
Rider satisfactory in form and substance to the Monitoring Agent which the Grantee agrees to
annex to said deed.
(e) Said deed shall be delivered and the purchase price paid(the"Closing') at the
Registry, or at the option of the eligible purchaser(or the Municipality, as the case may be, if the
Municipality is purchasing the Property), exercised by written notice to the Grantee at least five
(5) days prior to the delivery of the deed, at such other place as the eligible purchaser(or the
Municipality, as the case may be, if the Municipality is purchasing the Property)may designate in
said notice. The Closing shall occur at such time and on such date as shall be specified in a
written notice from the eligible purchaser(or the Municipality, as the case may be, if the
Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5) days
after the date on which such notice is given, and if the eligible purchaser is a purchaser located by
the Municipality, or if the Municipality is purchasing the Property no later than sixty(60) days
after the Municipality's Notice is given to the Grantee.
(f) To enable Grantee to make conveyance as provided in this Deed Rider, Grantee
may if he/she so desires at the time of delivery of the deed, use the purchase money or any
portion thereof to clear the title of any or all encumbrances or interests; all instruments so
procured to be recorded simultaneously with the delivery of said deed.
(g) Water and sewer charges, condominium fees and taxes for the then current tax
period shall be apportioned and fuel value and any common area charges or association fees, if
any, shall be adjusted as of the date of Closing and the net amount thereof shall be added to or
deducted from, as the case may be,the purchase price payable by the eligible purchaser or by the
Municipality.
(h) Full possession of the Property free from all occupants is to be delivered at the
time of the Closing, the Property to be then in the same condition as it is in on the date of the
Grantee's Notice,reasonable wear and tear only excepted.
-4-
(i) If Grantee shall be unable to give title or to make conveyance as above stipulated,
or if any change of condition in the Property not included in the above exception shall occur,then
the Closing shall be extended for up to thirty(30)days and Grantee shall remove any defect in
title or restore the Property to the condition required by this Deed Rider. The Grantee shall use
best efforts to remove any such defects in the title whether voluntary or involuntary and to restore
the Property to the extent permitted by insurance proceeds or condemnation award. The eligible
purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property)
shall have the election, at either the original or any extended time for performance,to accept such
title as the Grantee can deliver to the Property in its then condition and to pay therefore the
purchase price without deduction, in which case the Grantee shall convey such title, except that
in the event of such conveyance in accordance with the provisions of this clause, if the Property
shall have been taken by a public authority,then the Grantee shall, unless the Grantee has
previously restored the Property to its former condition,either:
(1) pay over or assign to the eligible purchaser or the Municipality, as the case may
be, on delivery of the deed, all amounts recovered or recoverable on account of
such insurance or condemnation award less any amounts reasonably expended by
the Grantee for the partial restoration, or
(2) if a holder of a mortgage on the Property shall not permit the insurance proceeds
or the condemnation award or part thereof to be used to restore the Property to its
former condition or to be so paid over or assigned, give to the eligible purchaser
or to the Municipality, as the case may be, a credit against the purchase price, on
delivery of the deed, equal to said amounts so retained by the holder of the said
mortgage less any amounts reasonably expended by the Grantee for any partial
restoration.
(j) If the Municipality fails to locate an Eligible Purchaser who purchases the Property
within ninety (90) days after the Notice is received by the Municipality, and the Municipality
does not purchase the Property during said period, then following expiration of ninety (90)
days after the Municipality receives the Notice from the Grantee, the Grantee may convey the
Property to any third party at no less than fair market value, free and clear of all rights and
restrictions contained herein, including, but not limited to the Maximum Resale Price,
provided, however, all consideration and payments of any kind received by the Grantee for the
conveyance of the Property to the third party which exceeds the Maximum Resale Price (the
"Windfall Amount") shall be immediately and directly paid to the Municipality. Upon receipt
of this excess amount, if any, the Municipality and the Monitoring Agent shall issue to the
third party and to the Monitoring Agent a Compliance Certificate in recordable form indicating
the Municipality's receipt of the excess amount, if any, and indicating that the Municipality
has elected not to exercise its right to locate an Eligible Purchaser and its right of first refusal
hereunder and that all rights, restrictions, agreements and covenants contained herein are
henceforth null and void, and indicating the Monitoring Agent's approval of the sale of the
Property to the third party consistent with the terms of this Deed Rider. This Compliance
Certificate is to be recorded in the Registry and such Compliance Certificate may be relied
-5-
upon by the then owner of the Property and by third parties as constituting conclusive evidence
that such excess amount, if any, has been paid to the Municipality and that the rights,
restrictions, agreements and covenants set forth herein are null and void. The sale price to a
third party shall be subject to the Monitoring Agent's approval and the Monitoring Agent may
withhold its approval if in its sole judgment the purchase price is not consistent with the
requirements of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's
approval of the sale price shall be evidenced by its issuance of its acceptance of the
Municipality's Compliance Certificate.
2. Re-sale and Transfer Restrictions.
(a) Except as otherwise stated in this Agreement,the Property or any interest therein,
shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no
attempted sale shall be valid, unless:
(i) the aggregate value of all consideration and payments of every kind given or paid
by the eligible purchaser(as located and defined in accordance with Section 1
above) or the Municipality, as the case may be,to the then owner of the Property
for and in connection with the transfer of such Property,prior to customary
closing adjustments for fuel,taxes,or similar items, is not in excess of the
Maximum Resale Price for the Property, and(A)if the Property is conveyed to an
Eligible Purchaser, and a certificate(the"Eligible Purchaser Certificate") is
obtained and recorded, signed and acknowledged by the Monitoring Agent which
Eligible Purchaser Certificate refers to the Property, the Grantee, the Eligible
Purchaser thereof and the Maximum Resale Price therefore, and states that the
proposed conveyance, sale or transfer of the Property to the Eligible Purchaser is
in compliance with this Deed Rider and the Regulatory Agreement, and there is
also recorded a new Deed Rider executed by the eligible purchaser which new
Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and
substance to the Monitoring Agent; or(B) if the Property is conveyed to the
Municipality and a Certificate(the"Municipal Purchaser Certificate") is obtained
from the Monitoring Agent and signed and acknowledged by the Municipality and
the Monitoring Agent and recorded with the Registry of Deeds,which Municipal
Purchaser Certificate refers to the Property, the Grantee, the Municipality, the
Maximum Resale Price and states that the proposed conveyance, sale or transfer
of the Property to the Municipality is in compliance with the rights, restrictions,
covenants and agreements contained in this Deed Rider and there is also recorded
a new Deed Rider which Deed Rider is satisfactory in form and substance to the
Monitoring Agent; or(C) if the Property is conveyed to a third party in accordance
with Section 1(b)or 0), the Monitoring Agent executes and delivers an acceptance
of the Compliance Certificate in accordance with Section 1(b) or 0);
(ii) Any good faith purchaser of the Property, any lender or other party taking a
security interest in such Property and any other third party may rely upon a
Compliance Certificate accepted by the Monitoring Agent or an Eligible
-6
Purchaser Certificate or a Municipal Purchaser Certificate referring to the
Property as conclusive evidence of the matters stated therein and may record such
Certificate in connection with conveyance of the Property,provided, in the case of
an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the
consideration recited in the deed or other instrument conveying the Property upon
such re-sale shall not be greater than the maximum permitted price stated in the
Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case
may be. If the Property is conveyed to the Municipality, any future sale of the
Property by the Municipality shall be subject to the Regulatory Agreement and the
Deed from the Municipality shall contain a Deed Rider in form and substance
satisfactory to the Monitoring Agent together with an Eligible Purchaser
Certificate from the Monitoring Agent.
(c) Within ten(10) days of the closing of the conveyance of the Property from
Grantor to Grantee, the Grantee shall deliver to the Monitoring Agent and to the Municipality a
true and certified copy of the deed of the Property,together with information as to the place of
recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns
to comply with the preceding sentence shall not affect the validity of such conveyance.
(d) Notwithstanding anything to the contrary contained in this Deed Rider, the
Maximum Resale Price shall not be less than the purchase price paid by the Grantee which at the
time of purchase complied with the requirements of the preceding deed rider and of the
Regulatory Agreement and which is recited in an Eligible Purchaser Certificate or a Municipal
Purchaser Certificate recorded with the Registry plus the costs of approved capital improvements
and marketing expenses, as determined by the Monitoring Agent.
(e) The Grantee understands and agrees that nothing in this Deed Rider or the
Regulatory Agreement in any way constitutes a promise or guarantee by the Municipality,the
Monitoring Agent or any other person or entity that the Grantee shall actually receive the
Maximum Resale Price for the Property or any other price for the Property.
3. Restrictions Against Leasing and Junior Encumbrances. The Property shall not be
leased, refinanced, encumbered(voluntarily or otherwise)or mortgaged without the prior written
consent of the Monitoring Agent,provided,however, that this provision shall not apply to a first
mortgage granted in connection with this conveyance for a principal amount less than the price
approved by the Monitoring Agent in the Eligible Purchaser Certificate, the Municipal Purchase
Certificate. Any rents,profits, or proceeds from any transaction which has not received the prior
written consent of the Monitoring Agent shall be paid to and be the property of the Municipality.
In the event that the Monitoring Agent, in the exercise of its absolute discretion, consents to any
such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all
rents,profits or proceeds from such transaction which exceed the carrying costs of the Property
as determined by the Monitoring Agent in its sole discretion shall be paid to and be the property
of the Municipality. Notwithstanding the restrictions outlined in this paragraph, any Property
purchased by the Municipality, under its Right of First Refusal,may be rented by the
Municipality, at its discretion, so long as the income limits for the lessee household do not
-7-
exceed the Base Income as defined in the Regulatory Agreement. Funds received by a
Municipality under this paragraph shall be deposited in an affordable housing fund to be used by
the Municipality to support other affordable housing within the municipality.
4. Rights of Mortgagees. (a)Notwithstanding anything in this Agreement to the
contrary, but subject to paragraph 4(b) of this Agreement, if the holder of record(other than the
Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in
which the Grantor or any related person has a financial interest(an "Interested Party")) of an
eligible mortgage granted to a state or national bank, state or federal savings and loan
association, cooperative bank,mortgage company,trust company, insurance company or other
institutional lender or its successors or assigns(other than an Interested Party) shall acquire the
Property by reason of foreclosure or similar remedial action under the provisions of such
mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that such
holder has given the Monitoring Agent and the Municipality not less than(60) days prior written
notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in
lieu of foreclosure,the rights and restrictionscontainedin this Agreement shall not apply to such
holder upon such acquisition of the Property, any purchaser(other than an Interested Party) of the
Property at a foreclosure sale conducted by such holder, or any purchaser(other than an
Interested Party) of the Property from such holder, and subject to the disposition of proceeds
established in Paragraph 4(b) of this Agreement such Property shall thereupon and thereafter be
free from all such rights and restrictions. For purposes of this Deed Rider an eligible mortgage
shall be a first mortgage encumbering only the Property and in an original principal amount not
to exceed ninety-five(95%)percent of the sale price stated in the Eligible Purchaser Certificate,
the Municipal Purchase Certificate recorded with the mortgagor's deed. Any foreclosing
mortgagee holding a mortgage which is not an eligible mortgage, shall not be entitled to the
protections of this section and shall be deemed to be an owner subject to all the restrictions and
obligations of an owner under this Deed Rider.
(b) In the event such holder of an eligible mortgage conducts a foreclosure or other
proceeding enforcing its rights under such mortgage or if the Property is conveyed to such
holder in lieu of foreclosure and the Property is sold for a price in excess of the greater of(i)the
sum of the outstanding principal balance of the note secured by such mortgage plus all accrued
interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to
the terms of the mortgage and(ii) the Maximum Resale Price applicable on the date of the sale,
such excess shall be paid to the Municipality in consideration of the loss of the value and
benefit of the rights and restrictions contained in this Deed Rider and held by the Municipality
and released by the Municipality pursuant to this section in connection with such proceeding
(provided, that in the event that such excess shall be so paid to the Municipality by such holder,
the Municipality shall thereafter indemnify such holder against loss or damage to such holder
resulting from any claim made by the mortgagor of such mortgage to the extent that such claim
is based upon payment of such excess by such holder to the Municipality in accordance
herewith,provided that such holder shall give the Monitoring Agent and the Municipality
prompt notice of any such claim and shall not object to the intervention by the Municipality in
any proceeding relating thereto). In order to determine the Maximum Resale Price of the
Property at the time of foreclosure or other proceeding,the Municipality may, at its own
-8-
expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder.
The Maximum Resale Price shall be equal to the appraised fair market value so obtained,
multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such
appraised value, the holder may obtain a second appraisal, at the holder's expense and the
Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by
the Discount Rate. To the extent the Grantee possesses any interest in any amount which would
otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible
by law, the Grantee assigns all its interest in such amount to said holder for payment to the
Municipality. Funds received by a Municipality under this paragraph shall be deposited in an
affordable housing fund to be used by the Municipality to support other affordable housing
within the municipality.
5. Covenants to Run With the Property. (a) The Grantor and the Grantee, for good
and valuable consideration, the receipt and sufficiency of which is acknowledged, grant and
assign to the Municipality,the Municipality's agents, successors, designees and assigns the right
of first refusal to purchase the Property as set forth in this Deed Rider, and to the Monitoring
Agent and the Municipality the right to enforce the rights and restrictions, covenants and
agreements set forth in this Deed Rider. The Grantor and the Grantee grant to the Monitoring
Agent and the Municipality the right to enter upon the Property for the purpose of enforcing any
and all of the restrictions, covenants and agreements contained in this Deed Rider, and of taking
all actions with respect to the Property which the Monitoring Agent and/or Municipality may
determine to be necessary or appropriate,with or without court order, to prevent, remedy or abate
any violation of the restrictions, covenants and agreements set forth in this Deed Rider. The
rights granted to the Monitoring Agent and the Municipality shall be in addition to and not in
limitation of any other rights and remedies available to the Grantor or the Monitoring Agent or to
the Municipality for enforcement of the restrictions,rights, covenants and agreements set forth in
this Deed Rider. It is intended and agreed that all of the agreements, covenants, rights and
restrictions set forth in this Deed Rider shall be deemed to be covenants running with the
Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors
and assigns and any party holding title to the Property for the benefit of and enforceable by the
Monitoring Agent and/or the Municipality, the Monitoring Agent's and/or Municipality's agents,
successors, designees and assigns for a period which is the shortest of(i)upon the recording of a
Compliance Certificate, as provided under Section 1(b)or 10)herein, or(ii)upon the recording
of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser
referenced in the Eligible Purchaser Certificate,,which new Deed Rider is certified in the Eligible
Purchaser Certificate to be in form and substance satisfactory; or(iii)upon the recording of a
Municipal Purchaser Certificate as set forth in this Deed Rider.
(b) The Monitoring Agent shall be entitled to a fee of one-half of one percent of the
Maximum Resale Price of the Property to the Municipality or an eligible purchaser or an
ineligible purchaser in accordance with the provisions of this Deed Rider and the Regulatory
Agreement for the services performed according to the Monitoring Services Agreement(and
referenced in the Regulatory Agreement). This fee shall be paid by the Grantee as a closing cost
at the time of closing, and payment of the fee of the Monitoring Agent shall be a condition to
delivery and recording of its compliance certificate,failing which the Monitoring Agent shall
-9-
have a claim against the Grantee and persons claiming under the grantee for which the
Monitoring Agent may seek an attachment against the Property.
(c) This Deed Rider and all of the agreements,restrictions, rights and covenants
contained in this Deed Rider shall be deemed to be an affordable housing restriction as that term
is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33.
(d) The Grantee intends, declares and covenants on behalf of itself and its successors
and assigns (i)that this Deed Rider and the covenants, agreements, rights and restrictions
contained in this Deed Rider shall be and are covenants running with the land, encumbering the
Property for the term of this Deed Rider, and are binding upon the Grantee's successors in title,
(ii) are not merely personal covenants of the Grantee, and(iii) shall bind the Grantee, its
successors and assigns and enure to the benefit of the Municipality and their successors and
assigns for the term of the Deed Rider. Grantee agrees that any and all requirements of the laws
of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed
Rider to constitute restrictions and covenants running with the land shall be deemed to be
satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in
full.
(e) Without limitation on any other rights or remedies of the Grantor, the Monitoring
Agent, the Municipality, their agents, successors, designees and assigns, any sale or other transfer
or conveyance of the Property in violation of the provisions of this Deed Rider, shall, to the
maximum extent permitted by law,be voidable by the Municipality or the Monitoring Agent, or
their agents, successors, designees and assigns by suit in equity to enforce such rights,
restrictions, covenants, and agreements.
(fj Notwithstanding any other provision in this Deed Rider, this restriction shall
terminate at end of the ninety-ninth year from the date this restriction was first placed on the
Property by either this Deed Rider or a preceding deed rider in substantially similar form and
substance unless this restriction is approved as an affordable housing restriction in accordance
M.G.L. c. 184, §§ 31-33, in which case the restriction shall be in perpetuity(the"Termination
Date"), the then owner of the Property then subject to this Deed Rider may sell the Property at a
price equal to the fair market value of the Property as of the date of sale and not subject to this
Deed Rider,provided,however that the owner, at the time of such sale must pay to the
Municipality the difference between the fair market value as so determined and the Maximum
Resale Price which the owner could realize in a sale to an Eligible Purchaser were this Deed Rider
to have remained in effect, and upon such payment the Property will be deeded free and clear of
this Deed Rider. In the event of any failure of any owner to make a payment under this Deed
Rider the Municipality shall have the right to seek payment from the purchaser of the Property,
and his/her successors and assigns,which right shall be prior to the encumbrance of any mortgage
upon the Property. The owner of the Property after the Termination Date shall have the right to
make a payment by refinancing or from other sources in the same amount to the Municipality as
the Municipality would receive were this Deed Rider to have remained in effect in the event of a
sale at fair market value on the date of payment after the Termination Date, and in the event of
-10-
such a payment the owner shall hold the Property free and clear of this Deed Rider. The
provisions of this paragraph shall survive the expiration of the term of this Deed Rider.
6. Notice. Any notices, demands or requests that may be given under this Deed
Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified
or registered mail,postage prepaid, return receipt requested, to the parties to this Deed Rider at
the addresses set forth below, or such other addresses as may be specified by any party by such
notice.
Municipality: North Andover Zoning Board of Appeals
27 Charles Street
North Andover,MA 01845
Attention: Chairman
Grantor: Valley Realty Development,LLC
P.O. Box 907
North Andover, MA 01845
Grantee:
North Andover,MA 01845
Monitoring Ate: Citizens Housing and Planning Association
18 Tremont Street
Boston,MA 02108
Any such notice, demand or request shall be deemed to have been given on the day it is hand
delivered or mailed.
7. Further Assurances. The Grantee agrees from time to time, as may be reasonably
required by the Monitoring Agent or the Municipality, to furnish the Monitoring Agent and the
Municipality with a written statement, signed and, if requested, acknowledged, setting forth the
condition and occupancy of the Property, information concerning the resale of the Property and
all other information pertaining to the Property or the Grantee's eligibility for and conformance
with the Regulatory Agreement for this Project.
8. Waiver. Nothing contained in this Deed Rider shall limit the rights of the
Monitoring Agent and/or the Municipality to release or waive, from time to time, in whole or in
part, any of the rights, restrictions, covenants or agreements contained in this Deed Rider with
respect to the Property. Any such release or waiver must be made in writing and must be
executed by the Monitoring Agent and/or the Municipality or designee.
-11-
9. Severability. If any provisions of this Deed Rider or the application thereof to any
person or circumstance shall come,to any extent, to be invalid or unenforceable,the remainder of
this Deed Rider or the application of such provision to the persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby, and each
provision of this Deed Rider shall be valid and enforced to the fullest extent permitted by law.
10. Responsibility of the Monitoring Agent. The Monitoring Agent shall not be held
liable for any action taken or omitted under this Deed Rider so long as it shall have acted in good
faith and without gross negligence.
11. Indemnity. The Grantor and the Grantee agree to indemnify and hold harmless
the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's
fees, asserted against the Monitoring Agent by reason of its relationship with the Project under
this Deed Rider and not involving claims that the Monitoring Agent acted in bad faith and with
gross negligence.
Executed as a sealed instrument this of . 200—.
Grantor: Grantee:
Valley Realty Development, LLC
By:
Its Manager
COMMONWEALTH OF MASSACHUSETTS
County of Essex 200_
Then personally appeared the above-named
Manager, Valley Realty Development, LLC , and acknowledged the foregoing
instrument to be his/her free act and deed,before me.
Notary Public
My commission expires:
-12-
COMMONWEALTH OF MASSACHUSETTS
County of Essex , 200_
Then personally appeared the above-named
[Grantee], and acknowledged the foregoing instrument to be his/her free act and deed, before me.
Notary Public
My commission expires:
-13-
01/213/210U3 13:04 9784102b90 NORTH ATLANTIC PAGE 02
Towit of North Andover
AfFirp of the Plalinitle Department Ai"01*1
qPrWicos DivisioO
(rl A45
(978)6W9315
)78)48-%42
Town of North Andover
Pimmitm Board
,)7 rilafies Street
ATwinver. MA 01945
jjOt can %acnustus
jgjW pursuant to MW
-IT AAA 0 fAro,,.Piminima Bowl to make a dccWon r6gardW9 ft_gjrsm�lg
V=IGIUL Adavyo IV_. ___ - .- —
Tlovetimment-TLC.
-rhis cmenMwn is grmwj go: I'q&P L""j
............
nnerri RonrehrmaVt r,
i own u ILI 1'%UAAV V"..
A
/7
Town of North Andover Noasy
y` ` Office of the Zoning.Board of Appeals
} Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Notice of Decision Year 2043
Any appeal shall be filed within(20)' Property at 2357 Turnpike Street
days after the date of filing of this
notice in the office of the town clerk.
NAME: Valley Realty Development,LLC DATE: January 14,2003
ADDRESS: 231 Sutton St.Suite 2E-F PETITION: 2002-31
North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02,
10/15/02, 10/22/02, 10/29/02,
11/12/02, 12/10/02
The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public
hearing was closed on December 10,2002 by placing the petition"under advisement"for 40 days.The"under advisement"
meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, 1' floor.Town Hall, 120 Main Street, North
Andover,Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty
Development,LLC,231 Sutton Street,Suite 2E-F,North Andover,Massachusetts.This application was for 270 housing units
per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential,and
I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts.
The following members were present and voting:Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley.
William Sullivan was not in attendence during the vote.
Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the
comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be
affordable per the following preliminary plans:
Prepared by Sheet Title Rev.Date
a GSD Associates,Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBID)VISION_PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-tA EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06102
BOARD OF APPEALS 688-9541 B II DING 688-95451 GO.NT,13EP V.AT ON 689-9530 I-lE.U.TH 6$8-9540 Pl_.'N'IIj 70 688-95:31
z
h GZA GeoEnvironmental,Inc.-Mass. C-2B SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates, Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. A1-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates, Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection
at the Office of the Town Clerk,120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be
viewed during normal office hours.
Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley.
Town of North Andover
Board of Appeals
Walter F.Soule
Acting Chairperson
`
`
`
� DeC8iQD �O ���)�r�h��G�� P���� An�|i�8ii A�
� � � , .v" . ^+ ^`"°
Valley Realty Development,
,,,t r)
� 231Sutton Street^ Suite 2E
� �A0l |8N | � �� �� ��
�jV�hA0dQVe� K�A 01045 ^""' ~'"` ^ " ' = �°
Petition No. 2002-31
PROCEDURAL HISTORY
Valley Realty Development,LLC,(`TheApplicant"),is seeking aComprehensive Permit pursuant boyW.G.LChapter
40B.Sections 20through D3.hoconstruct 27Ounits mfcondominium housing ofwhich 25%orG8shall beset aside
aa"affondab|e.''inthe Residential 2 and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover,
K8AO1845. ("thePrnpert/1'
The Comprehensive Permit application was submitted to the North Andover Town Clerk's off ice on June 11,2002
et1:30pm.
The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and
July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9,2002 at
the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of
Appeals nnornborn present were Chairman VViU|ern Sullivan; Walter F. Souka, Vice Chairman; George M. Earley;
Ellen P.McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused.
A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by
Thomas D. Laudani, Manager for Valley Realty Development,LLC,for the Comprehensive Permit Application to be
continued and heard at a regular hearing to be held on September 10, 2002 at 7:30 p.m.;an additional waiver for
a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October
29.20U8and November 12,2OO2'
At the July 0. 2O02 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue
the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development,
LLC. 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levu Emo., Eckert Seamans Chehn &
Mellott, LLC,Attorneys at Law,One International Place, 18'Floor,Boston, MA 02110;Gregory P.Smith,AIA,GSD
Aaaun\atoa. Inc., 148 Main Street Building"A", North Andover, K8/\O1845; Dermot J. Kelly, PE, PTOE, Dermot J.
Kelly Aoenoietos. Inc., 280 Main Stnaet, Suite 204' North Raading, MA 01864; Steven Toette|, GZ/-
GeoEnvirnnmenta|. Inc.-Mass., One Edgewater Drive, Norwood, MA 82062; Christian Huntress, Huntress
Associates, Inc., 17 Tewksbury Street,Andover,MA01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino,
Valley Realty Development, LLC.
yWmrhVVest.West Environmental,|nc..122K8ao1Road,Sui0e0'Lee,NHO3824represented theApp|inartfmrmnatteno
pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings.
The public hearing was closed onDecember 1O. 2OO2.
The North Andover Zoning Board of Appeals made the following Findings of Factand Decision subsequent b»the
hearing.
�
These findings are based on the following submissions which include,but are not limited to,the following materials,
�
which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a
�
portion nfthis Application for aComprehensive Permit.
1. Exhibit/\: TndficImpact and Access Study, Proposed Development Project,TheyWeadowo' y6odh
Andover, K&4, Prepared bvOUKAssociates, Inc. for Valley Realty Development, LLC,April, 2002;
2. Exhibit B: A Gap Study and Analysis, The K8eudovvo, North Andover, MA, Prepared by DJK
Associates, Inc. for Valley Realty Development, LLC, November 2OO2; '
Page 1of 19
3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover
Zoning Board of Appeals, August 13, 2002,with subsequent revisions;
4. Exhibit D: Certificate of Legal Existence of Applicant;
5. Exhibit E: Certified List of Abutters;
6. Exhibit F: Sample Regulatory Agreement and Deed Rider;
7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographies,Inc.,
November 2002;
The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning
Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board
of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire
Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover
Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and
recommendations made by these Boards,the Applicant submitted revised plans dated December 3, 2002,which
are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the
North Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision.There are no outstanding
issues raised by any Town Boards.All issues have been addressed by the Applicant.
Prior to the close of the public hearing on December 17, 2002, the North Andover Zoning Board of Appeals also
received and considered the following written communications:
No. DATE RECIPIENT SENDER CONTENT/NOTES
8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test
Realty Development,LLC
9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General
10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice
Fink's Memo
11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review
12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary
13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review
14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review
15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and
Names
16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments
17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments
18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review
19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments
Development
20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from
Dept.Heads
21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture
22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Memo
Page 2 of 19
23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments
24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett
25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review
26 11/07/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Ira Singer's Review
27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments
28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Comments
29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments
30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kelly's
Comments
31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request
32 11/12/02 ZBA Paul Szymanski, Proposed School Bus Stop
33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1
34 08/12/02 ZBA-Abutters List for North Assessors Office Map 108C Parcel 33,38,39
Andover
35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental
Notification Form
36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study
37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review
Commissioner
38 10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations
39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test
Development,LLC
In addition to the foregoing materials, the North.Andover Zoning Board of Appeals retained Vanasse Hangen
Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present
findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review
of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.This review was
paid for from funds received from the Applicant for this purpose.
The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists
of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and
kennel buildings. The site is not presently served by municipal water,sewer, or natural gas, all of which shall be
extended to the site at the Applicant's expense.All of the existing structures are to be demolished.The Project as
proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings,
each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage.
Building 4 shall have 84 units and a 121 car garage; Lower Meadows-78 three bedroom townhouse style units in
27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces.Total parking at the
Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces.
The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section
40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00,the Wetlands
Protection Act Regulations,with the Conservation Commission on August 28,2002, DEP File Number 242-1169,
for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to
take place in the public right of way along Route 114 for the installation of utilities.
Page 3 of 19
The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows
and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North
District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability
company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals.
The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349.It is also
identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33,38,and 39.The site is located in Zoning Districts
Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993
indicates that the parcel is largely located in Zone C with a small portion in Zone A.
Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan
Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender
with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility
Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals
Committee in Stuborn Ltd. Partnership v.Barnstable Bd. of Appeals,No. 98-01 (Decision March 5, 1999),the New
England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed ,
by the Applicant.
During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from
Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee,an abutter,and Jay Willis,Esq.,
Alfred J. Morrison, also an abutter.
In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the
proposed Project on the Town of North Andover,specifically with respect to the impact on public school system.
As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact
Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural
Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land
Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The
original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and
comments from the North Andover Zoning Board of Appeals and the North Andover Finance Committee
representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive
fiscal impact to the Town,with a final break even point in excess of 98 children.
OnAugust 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary
of the Executive Office of Environmental Affairs,Robert Durand,to initiate the Massachusetts Environmental Policy
Act(MEPA)review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the
Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31,
2002, which required that an Environmental Impact Report (EIR) be provided.
In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access
to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the
creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The
Applicant has stated that in order to create a deceleration lane, it will need permission and an easement from the
Owner of the adjacent propertyto relocate a driveway and permission from the Massachusetts Highway Department
to alter Route 114.
A letter dated October 29, 2002 was received from Ira Singer,Town Administrator,Town of Middleton,expressing
his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the
need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant
submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of
Appeals on November 7, 2002, a copy of which was also sent to Mr. Singer. In this response was included a copy
of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive
Office of Environmental Affairs,Robert Durand, in which it is stated that"the Expanded ENF included a traffic study
performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the
Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we
recommend that no further environmental review be required based on traffic issues."
In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use
of the name "Meadows"would conflict with other residential developments in Town already using that name.The
Applicant submitted the name"Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower
Page 4 of 19
Meadows to both the Fire Department and the Police Department, which approved the selection.The Project has
been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower
Meadows will continue to be used in conjunction with the new names.
In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna
on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in
certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to
work with the Fire Department on meeting their requests.
In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup,the
Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two
locations for trash dumpters in the Upper Meadows/Oakridge Village,and private curbside trash pickup in the Lower
Meadows/Maplewood Reserve.
The Applicant has chosen the Citizens' Housing and Planning Association(CHAPA), as the agency to monitor the
resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with
them to this effect.
FINDINGS
1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization"
as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the
funding agency to limit profits,and is eligible to apply for and receive a comprehensive permit.
Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend
organization, the Project is fundable by the Federal Home Loan Bank of Boston's (FHLB/B) New England Fund
through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant
has entered into a Purchase and Sale Agreement forthe acquisition of the property from Meadows Realty Trust,the
present owner.
2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met
the statutory minima set forth in M.G.L. Chap.40B§20 or 760 CMR 31.04.
3. The Proiect.The Project, as shown on the final Site Plan,consists of a 192 condominium units in
four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site,
including forty-five (45) one bedroom units, one hundred forty-seven (147)two bedroom units and a total of 428
parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community
building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirty four(234)parking spaces
with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood
Reserve (f/k/a the Lower Meadows).
4. Affordable Housing to be Provided.Twenty-five percent(25%)of the units or 68(sixty-eight),units
shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B §20. Seven(7) additional
affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The
final number of afford able units shall be 75 or 27.78%of the total._
The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall
be for a term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by
Massachusetts Department of Housing and Community Development,in perpetuity or such other term contained
in such restriction, as specified in the Conditions to this Decision:
5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway
aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village.The North
Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate
the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of
Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with
respect to traffic issues.
Page 5 of 19
6. Support by Town Board and Agencies. During the course of the public hearings,the North Andover
Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department
of Public Works,the Police Department,the Fire Department, the Conservation Commission, the Planning Board,
and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding
issues.
7. Waivers Granted. As part of its application for a comprehensive permit,the Applicant submitted a
list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws.The
North Andover Zoning Board of Appeals findsthat these waivers,included herein as revised,are necessary to make
the Project economically feasible and grants the requests.
DECISION
Based on the above findings and a 4-0 (four to zero)vote of the North Andover Zoning Board of Appeals taken on
January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general
conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following
conditions.
Comprehensive Permit Conditions
A. General Conditions
1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not
be substantially changed,altered or reconfigured inanywaywithout modification to this Comprehensive Permit,after
notice and hearing by law. The following plans were prepared for the Applicant:
Prepared by Sheet Title Rev.Date
a GSD Associates, Inc. COVERSHEET 12/03/02
b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03102
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN` 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m 'GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
Page 6 of 19
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. Al-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP:TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
2. All requirements of the New England Fund program as administered by the Federal Home Loan
Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be
executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds.
3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy
(270).The affordable units shall comprise twenty-five per cent(25%)of the total or sixty-eight(68)units which shall
be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two
affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units
in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the
same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent
buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others,
in those units.
4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7)
additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total
number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units
approved.
5. All affordable units are to be sold through a lottery process in accordance with Massachusetts
Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility
of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents
according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community
Development Department, and approved by the North Andover Zoning Board of Appeals.
Page 7 of 19
6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after
completion of construction,issuance of Certificate(s)of Occupancy by the building commissioner and conveyance
to individual unit owners.
7. During construction, all local, state and federal laws and regulations shall be followed regarding
noise,vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize
inconvenience to the residents in the area.
8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the
development of the site, unless expressly waived herein.
9. Before beginning any construction under this Comprehensive Permit, other than site work, the
Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions
necessitated by this decision, have been recorded with the Essex North Registry of Deeds.All plans shall include
either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a
document number or a book and page number shall be provided to the Building Commissioner.
10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage
for general liability in an amount not less than$1,000,000,automobile liability,umbrella coverage,and Workmen's
Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of
construction, including site preparation.
11. Prior to obtaining a building permit,the Applicant shall submit to the North Andover Zoning Board
of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site
plan signed by a Registered Architect and a Registered Engineer, as appropriate.
12. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of
Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions,
or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior
Court of the Commonwealth.
13. The comprehensive permit is granted based on the Application and no use and no other
improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by
virtue of the granting of the comprehensive permit.
14. The comprehensive permit shall run with the land.
15. The comprehensive permit shall become void in the event the Applicant does not obtain a building
permit in connection with the Project within three (3)years after the later of the date of(a) recording of this Permit
by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not
subject to an appeal or contest.
16. Any substantial deviation from the Project Plan shall require the approval of the North Andover
Zoning Board of Appeals, as determined by the Building Commissioner.
17. The Applicant shall not be permitted to receive a building permit (other than for the community
building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement
substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of
Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of
reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive
goals, based upon review of the form by the monitoring agent to be selected.
18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws,
rules, and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No
municipal fees are waived unless expressly stated in this decision.
19. The Project shall comply with all applicable state and federal regulations including but not limited
to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing, Electrical and
Fire Codes.
Page 8 of 19
20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment
a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation,
tree and brush clearing, grading and general site mitigation measure.
21. To the extent permitted by the law,residents of the Town of North Andover are to be granted a local
preference for the affordable units.In no case shall local preference be granted for more than seventy percent(70%)
of the affordable units.
22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and
Regulations, 521 CMR.
B. SPECIFIC CONDITIONS
1. The Applicant shall be responsible forthe snow removal,trash removal,rubbish removal,recyclable
materials removal, road maintenance, and storm drainage maintenance on the property until such time as the
organization of unit owners for the condominium assumes those obligations, which shall be stated in the
condominium rules and regulations.
2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules
and regulations of the condominium shall contain a provision which is not less restrictive than the following:
Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following
conditions:
a. Such lease or rental agreement shall be in writing;
b. The lease or rental agreement shallapply to the entire unit, and not a portion thereof;
C. The term of the lease or rental agreement shall be for a term of not less than six(6)months;
d. The occupancy of the unit shall be for not more than two (2) unrelated people;
e. The lease or rental agreement shall expressly provide that the lease or rental is subject to
the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the
Condominium;and
f. A copy of the lease or rental agreement shall be provided to the Organization of Unit
owners.
g. Leasing or renting of the affordable units shall be prohibited, except as governed by the
provisions of the Regulatory Agreement and Deed Rider.
3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with
guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The
Applicant shall work with the Town of North Andover towards this goal
4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association
(CHAPA).
5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons
whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and
Urban Development. In addition,the seven(7)additional affordable one bedroom units of the applicant's choosing
which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose
income is no more than 80% of the area medianus determined by the U.S. Department of Housing and Urban
Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and
indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers
and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a
building permit and to the North Andover Zoning Board of Appeals for their file.
Page 9 of 19
Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of
Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every
affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in
accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184§§31-33.
Prior to submitting the proposed Deed Rider tothe North Andover Zoning Board of Appeals,the Applicant shall use
its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event
that the Department of Housing and Community Development (formerly the Executive Office of Communities and
Development, EOCD) ("DHCD")is required by law to approve but declines to approve the perpetual restriction,the
proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by and
approved by the DHCD, but in no case less than ninety-nine years as offered by the Applicant. In this event,the
Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to
secure approval of the perpetual restriction,the written denial thereof, and the grounds for denial, IF PROVIDED;
and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first
refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every
affordable unit in the Project effective upon the expiration of the affordability period
6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge
Village plus a community building. In addition, seven (7)additional one bedroom units of the Applicant's choosing
shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper
Meadows/Oakridge Village
There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood
Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood
Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per
unit.
The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%.
7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross
over streets on the site.
8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge
Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled
curbside trash pickup,
9. The Applicant shall provide snow storage locations on the site as shown on the final revised
preliminary plan.
10. There shall be two driveways to the site as shown on the final revised preliminary site plan.
11. There shall be master fire alarm box(es)as required by state code.
12. All buildings shall be equipped with a sprinkler system as per State regulations and building code.
13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for
entrance onto Route 114/Turnpike Street before a building permit is issued.
14. A fire protection system shall be designed by a licensed fire protection engineer and approved by
the North Andover Fire Department.
15. The execution of Form "U" by the North Andover Department of Public Works shall constitute
approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility
issues, including, but not limited to gas, sewer,water, etc.
16. Cross connection details and proper backflow information regarding water tie-ins and the type and
size of water services shall be provided and approved by the North Andover Department of Public Works; such
approval shall not be unreasonably withheld and shall be issued in a timely fashion.
Page 10 of 19
17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer
pumping station,shall be the responsibility of the Applicant and subsequent condominium association until such time
as the Town of North Andover requests a legal transfer to the Town.The Applicant or the condominium association
shall transfer the ownership of the sewer, in whole or in part,to the Town of North Andover at no cost. The sewer
pumping station shall remain privately owned.
18. The Applicant shall provide details on the sewer main and sewer services including profiles of the
utility to the North Andover Department of Public Works.
19. Drawings and specifications of the sewerconduits,sewer connections,and sewer pumping station
design shall be submitted to the North Andover Department of Public Works for review.
20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as
to prevent direct glare from the light source into any public street or private way or onto any adjacent property.
21. Screening and landscaping shall be substantially in compliance with the plan provided.
22. A drainage system maintenance manual shall be provided to the North Andover Department of
Public Works.
23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of
the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works
prior to the issuance of any building permit other than a foundation permit or a building permit for the construction
of the community building.
24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the
Property.
25. Whenever residents of the Project are eligible for school busing,the bus shall pick up and discharge
students at the community building at Upper Meadows/Oakridge Village only.
26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower
Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State
Forest and the site shall be identified with markings and small signs.
27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the
road opening within the public right of way, including the water and sewer connections, in the amount to be
determined by the North Andover Department of Public Works, in the form of a letter of creditor other security
agreed to by the Applicant and the North Andover Zoning Board of Appeals.
28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such
signal be installed bythe Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The
conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower
Meadows/Maplewood Reserve, and shall have a pull box at each end.
29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall
contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed
in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to
the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board
of Appeals as part of this decision.
30. Upon completion of the project construction and 80%occupancy of the project units,the Applicant
shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals
project, as currently proposed.This study shalt be supplied to the North Andover Zoning Board of Appeals for the
information. The results of this revised Traffic Impact and Access Study are for informational purposes only.
Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study
completed.
Page 11 of 19
Approved Waivers to the By-Laws and Regulations
in Effect in the Town of North Andover
For the Approved 270 Unit Residential Housing Project
To be known as
The Meadows(now known as "OAKRIDGE`VILLAGE"and "MAPLEWOOD RESERVE')
at 2357 Turnpike Street, North Andover, Massachusetts
Based on final revised plans and drawings prepared by GZA GeoEnvironmental,Inc.-Mass.and plans and drawings
prepared by GSD Associates, Inca including
Prepared by Sheet Title Rev.Date
a GSD Associates,Inc. COVERSHEET 12/03/02
b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental,Inc.-Mass. C-26 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
I GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E `STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS'
GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates,Inc. A11-1.1 TYR 36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. A1-2.1 TYR 36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
Page 12 of 19
v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the zoning waivers
described herein are granted.
The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the
Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294
units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the
project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or
68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven (7)
affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village,
for a total of 75 affordable units or 27.78%.
The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a
number of kennels, fenced dog runs, and residential structures; however, the majority of the site is vacant and
unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the
demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and
related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (1-1)and
Residential 2(R-2). Multi-family dwellings are not allowed by right in 1-1 and R-2 districts. In addition to market rate
and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the
site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law.
Waivers Required from the Zoning Bylaw
Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and
based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the
following waivers.
1. Section 1 -Purposes:
A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as
provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern
this Application,where they are in conflict.
2. Section 4- Buildings and Uses Permitted:
Page 13 of 19
A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following
designated buildings and alterations and extensions thereof and buildings accessory thereto and the
following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted All
other buildings and uses are hereby expressly prohibited except uses which are similar in character to the
permitted uses shalt be treated as requiring a Special Permit.A waiver from this section is granted since the
proposed multi family use is not allowable in the industrial-1 and Residential-2 district.A multi family use
does not require a Special Permit.
3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of
record on June 5, 1972 in one ownership,all the zoning regulations set forth in this Zoning Bylaw applying
to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern
at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear
feet in depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver
is granted from this section in its entirety.This section could be interpreted to apply the this Project in that
the Project is located in two zoning districts.
4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985120)way giving access to a
building or use or not permitted in a residential district shall be laid out or constructed so as to pass through
a residential district.This section is waived in entirely to allow such access since the private or public ways
are located in and through a residential district that does not allow multifamily residences.
5. A Waiver from Section 4.121.1 is granted which states: One family dwelling,but not to exceed one dwelling
on any one lot.A waiver from this section is granted to allow multi-family residential uses since the Project
is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage
buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have
multiple building and multifamily development in this zoning district.
6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two(2)feetdeep shall
be considered a structure and permitted provided theyare enclosed by a suitable wall or fence at least four
(4)feet in height to be determined by the Building Inspector to prevent the entrance of persons other than
those residing at the pool location.Pools shall have a minimum ten(10)foot setback from side and rear lot
lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.A
waiver from this section is granted to allow the development of a community building with pool located within
the R-2 district as indicated on the site plan.
7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any
of the above permitted uses,provided that such accessory use shall not be injurious,noxious, or offensive
to the neighborhood.A waiver from this section is granted insofar as it could be construed to prevent the
placement on site of a sewage pumping station.
8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1
zoning district.
9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs andlor indoor ice
skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any
proposed pool or community buildings may be considered a swimming club.The pool and the community
building are for the exclusive use of the residents and their guests.
Page 14 of 19
10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety.This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for
multifamily dwellings and associated uses in each of the zoning districts which the property is located where
it is not permitted by right.
13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this
section may be construed to hinder the development of this Project as indicated on the site plan.
14. Section 7- Dimensional Requirements:
A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List
of Dimensional Waivers by Building 12/05/02(rev.),including a waiverfrom Footnote 1,page FN1,10'from
the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to
40')from the property line and 60'from the requirement that no building be located less than 100'from Route
114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded-
to 40')from the property line.
Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional
Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all
zoning districts.
Page 15 of 19
WETLANDS REQUIREMENTS
BUILDINGS ISOLATED VEG. RIVERFRONT
BUFFER ZONES
WETLANDS AREA
of Size ss. No Disturb No Build N/A
No Disturb No Build
in.SF �T Zone FT Zone FT N/A
DG.# ESCRIPTION Zone FT Zone FT
es.2 District Req'ts 43,560) 25 50 N/A
25 50
19 CAR GARAGE
I >25 >50 WA >25 >50
o Waivers Required 5Rno no WA no no
20 UNITS+2 CAR GARAGE laivers Granted EM >25 <50 N/A
>25 <50
no yes N/A no yes
21 COMMUNITY BLDG.
>
o Waivers Required 25 >50 N/A >25 >50
22 3 UNITS+3 CAR GARAGE no no NIA no no
Waivers Granted >25 <50 N/A >25 <50
no yes N/A no yes
23 7 UNITS+2 CAR GARAGE
aivers Granted >25 <50 N/A
>25 <50
24 CAR GARAGE no yes N/A no yes
>25 >50 N/A >25 >50
o Waivers Required n no no N/A
no no
25 UNITS+3 CAR GARAGE > >25 >50 N/A
>25 >50
Waivers Granted y!
26 no no N/A no no UNITS+4 CAR GARAGE > >25 >50 N/A
>25 >50
aivers Granted y" no no N/A
no no
27 UNITS+2 CAR GARAGE > >25 >50 N/A
>25 >50
aivers Granted P ! no no NIA
no no
28 CAR GARAGE < >25 >50 N/A >25 >50o Waivers Required � no no N/A
no no
UB TOTALS 1,604,600
No Waivers Required no
TOTALS 2,053,543
i
r
BUILDING
12/05/02(rev.)
WETLANDS REQUIREMENTS
ISOLATED VEG. RIVERFRONT BUFFER ZONES
BUILDINGS WETLANDS AREA
ys. No Disturb No Build N/A No Disturb No Build
Lot Size HeifT Zone FT Zone FT N/A Zone FT Zone FT
Min.SF Ma;
Ind.1 District Requirements 0 25 50 N/A 25 50
BLDG.# DESCRIPTION 80,000 N/A
UPPER MEADOWS(OAKRIDGE VILLAGE) 448,943 IA >25 >50 WA >25 >50
1 6 UNITS IIJER no no N/A no no
Waivers Granted TEM >25 >50 N/A >25 >50
2 36 UNITS /A no no N/A no no
Waivers Granted /A >25 >50 N/A >25 >50
3 36 UNITS+UNDERGRND PRKG. /A no no N/A no n9
Waivers Granted /A >25 >50 N/A >25 >50
4 B4 UNITS+UNDERGRND PRKG. /A no no N/A no no
Waivers Granted ;/A >25 >50 N/A >25 >50
5 1OMMUNITY BLDG. /A no no N/A no no
o Waivers Required
UB TOTALS 448,943
aivers Granted no
es.2 DistrictRequirements00 25 50 N/A 25 5o
BLDG.# ESCRIPTION 43,560
OWER MEADOWS(MAPLEWOOD 1,604,600 VA <25 <50 N/A <25 <50
6 12 UNITS+2 CAR GARAGE WER yes yes N/A yes yes
Waivers Granted STEM >25 <50 N/A <25, <50
7 5 CAR GARAGE WA no yes N/A yes yes
Waivers Granted WA >25 >50 N/A >25 >50
8 4 CAR GARAGE WA no no N/A no no
Waivers Granted V/A >25 >50 N/A >25 >50
9 6 UNITS+2 CAR GARAGE IWA no no N/A no no
Waivers Granted N/A >25 <50 N/A >25 <50
10 3 CAR GARAGE N/A no yes N/A no yes
aivers Granted N/A >25 >50 N/A >25 >5(
11 3 UNITS N/A no no N/A no no
Waivers Granted N/A >25 <50 N/A >25 <5(
12 6 CAR GARAGE N/A no yes N/A no ye:
Waivers Granted N/A >25 <50 N/A >25 <51
13 6 UNITS+4 CAR GARAGE N/A no yes N/A no ye;
Waivers Granted N/A >25 <50 N/A >25 <51
14 5 UNITS+4 CAR GARAGE N/A no yes N/A no ye.
Waivers Granted N/A >25 <50 N/A >25 <5
15 3 UNITS+4 CAR GARAGE N/A no yes N/A no ye
Waivers Granted N/A >25 <50 N/A >25 <E
16 6 UNITS+6 CAR GARAGE N/A no yes N/A no ye
Waivers Granted N/A >25 <50 N/A >25 <
17 3 UNITS+2 CAR GARAGE N/A no yes N/A no ye
Waivers Granted N/A >25 <50 N/A >25 <!
18 UNITS+4 CAR GARAGE N/A no yes N/A no p
aivers Granted
Section 8, SupplementarV Regulations
15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the
development of this Project as indicated on the site plan.
16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow
for the parking ratios indicated on the site plan with respect to the community buildings.
17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than
9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide
and 20'wide as indicated on the site plan.
18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be
used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this
section could be construed to prohibit parking as indicated on the site plan.
19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used
for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section
could be construed to prohibit parking as indicated on the site plan.
20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one
(1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear
of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed
structures. A waiver is granted from this section in its in as much as this section could be construed to
prohibit parking as indicated on the site plan.
21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided
for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated
by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to
allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR
the Architectural Access Board Regulations for accessible spaces.
22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated
by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review.
23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and
Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be
construed to be applicable to this Project.
24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this
Project is regulated by the requirements under Comprehensive Permit(Chapter 40B)and are exempt from
such review.
25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be
construed to hinder the development of this Project.
Page 18 of 19
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
BU1LDtNGSf ...........................
SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. cont Side Rear ir.Area Lot Coverage UwellingUnit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build
Min.SF Max.FT Min.FT in.FT Min.FT Min.FT do Max. Max. Density Max/Acre Space one FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT
DG.# DESCRIPTION
Res.2 District Req'ts 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50
19 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no N/A N/A WA N/A no no SEWER no no N/A no no
20 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A <50 <75 SYSTEM >25 <50 N/A >25 <50
aivers Granted yes no no no no WA N/A N/A N/A yes yes N/A no yes N/A no yes
21 OMMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
No Waivers Required no no no no no N/A N/A N/A N/A no no NIA no no N/A no no,
22 3 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 NIA >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A N/A N/A N/Ayes yes N/A no yes NIA no yes
23 7 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A N/A . N/A N/A yes yes N/A no yes N/A no yes
24 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
No Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no N/A no no
253 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 <75 N/A >25 >50 N/A >25 >50
Waivers Granted yes no no no no N/A N/A N/A N/A no yes NIA no no N/A no no
26 1 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A N/A >50 <75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A N/A N/A N/A no yes N/A no no N/A no no
27 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A X50 >75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no.
28 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no N/A no no
UB TOTALS 1,604,600
0 Waivers Required no N/A
TOTALS 2,053,543
Page 17 of 19
12/05/02(rev.) THE MEADOW S/OAKRIDG E VILLAGE & MAPLEWOOD RESERVE -LIST OF DIMENSIONAL WAIVERS BY BUILDING`
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. ront Side Rear 21r.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build
Min.SF Max. FT Min.FT Win.FT Min.FT Min. FT 3atio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT
nd.1 District Requirements
BLDG.# ESCRIPTION 80,000 55 150 50 50 50 0.500:1 35% N/A N/A 50 75 100 25 50 N/A 25 50
PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A
1 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.50/6 3.413 N/A >50 >75 N/A >25 >50 N/A >25 >50
aivers Granted no no yes no no N/A no no SEWER no no N/A no no
2 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 SYSTEM >25 >50 N/A >25 >50
aivers Granted no no yes no no N/A no no N/A no no N/A no no
3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 N/A >50 >75 WA >25 >50 N/A >25 >50
givers Granted yes no no yes no N/A no no N/A no no N/A no no
4 4 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >50 0.375:1 8.0% 8.12 N/A >50 >75 NIA >25 >50 N/A >25 >50
aivers Granted yes no no no no N/A no no N/A no no N/A no no
5 OMMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5% 0 N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no N/A no no N/A no no N/A no no
UB TOTALS 448,943 0.730:1 19.0% 18.56
aivers Granted no yes no N/A
es.2 District Requirements
BLDG.# ESCRIPTION 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50
OWER MEADOWS(MAPLEWOOD 1,604,600
6 2 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A <25 <50 WA <25 <50
aivers Granted yes no no no no N/A N/A N/A N/A yes yes SEWER yes yes N/A yes yes
7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A <25. <50
aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes NIA yes yes
8 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A ' N/A N/A >50 <75 N/A >25 >50 N/A >25 >50
Waivers Granted no no no no no N/A N/A N/A N/A no yes N/A no no N/A no no
9 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
alvers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no
10 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50
alvers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
11 UNITS >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >5(
[aivers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no
12 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5(
Waivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye:
13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <51
aivers Granted yes no yes yes yes N/A NIA WA N/A yes yes N/A no yes N/A no ye:
14 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5'
aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye
15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A NIA <50 <75 N/A >25 <50 N/A >25 <5
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye
16 5 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <G
aivers Granted yes no yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no y€
17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <E
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yE
18 5 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A NIA N/A N/A <50 <75 NIA >25 <50 N/A >25 <!
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no p ,
Page 16 of 19
Section 8, Supplementary Reputations
15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the
development of this Project as indicated on the site plan.
16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow
for the parking ratios indicated on the site plan with respect to the community buildings.
17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than
9'x18', accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide
and 20'wide as indicated on the site plan.
18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be
used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this
section could be construed to prohibit parking as indicated on the site plan.
19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used
for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section
could be construed to prohibit parking as indicated on the site plan.
20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one
(1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear
of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed
structures. A waiver is granted from this section in its in as much as this section could be construed to
prohibit parking as indicated on the site plan.
21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided
for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated
by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to
allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR
the Architectural Access Board Regulations for accessible spaces.
22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated
by the requirements under a Comprehensive Permit(Chapter 40B) and are exempt from such review.
23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and
Industrial Districts (1987/12)is. A waiver is granted from this section in as much as this section could be
construed to be applicable to this Project.
24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this
Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from
such review.
25. A waiverfrom Section 8.7 Growth Management is granted in its entirety in as much as this section could be
construed to hinder the development of this Project.
Page 18 of 19
26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section
could be construed to be applicable to this Project. A waiver is granted insofar as this section may be
construed to hinder the development as indicated on the site plan.
27. Section 10-Administration:
A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be
construed to be applicable to this Project.References are made to various special permit granting authorities
that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is
exempt from such review.
28. Section 11 - Planned Development District:
A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section
could be construed to be applicable to this Project. This Project is not located in an l-S district, is being
submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such
review.
29. Wetlands Bylaw
A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations
pertaining thereto, is granted with respect to:
a. Disturbance in the 25' no disturbance zone (Section 3e(3));
b. Disturbance in the 50' no build zone (Section 3e(2)); and
C. Disturbance in the 75'no build zone pertaining to vernal pools (Section 3a(4)).
30. Subdivision Bylaw
A waiver from the Town of North Andover Subdivision Control Bylaw is granted.
31. Local Board of Health Bylaws
A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted
where it is more restrictive than the State Sanitary Code.
32. Bonds
A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this
Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the
North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work
in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the
road opening within the public right of way, including the water and sewer connections.
33. Fees
A waiver is granted forwater and sewerconnection fees associated with the 75 affordable units[see Specific
Condition #29, Page 11 of 19].
Page 19 of 19
%,j� Town of North Andover NORT„
Office of the Zoning.Board of Appeals
Community Development and Services Division � n �
` 27 Charles Street �� �. :„. 4L
North Andover,Massachusetts 01845
c►�us
D. Robert Nicetta Telephone(978)688-9543
Building Coinrnissioner Fax(978)688-9542
Notice of Decision Year 2003
Any appeal shall be filed within(20) Property at 2357 Turnpike Street
days after the date of filing of this
notice in the office of the town clerk.
NAME: Valley Realty Development,LLC DATE: January 14,2003
ADDRESS: 231 Sutton St. Suite 2E-F PETITION: 2002-31
North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02,
10/15/02, 10/22/02, 10/29/02,
11/12/02, 12/10/02
The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public
hearing was closed on December, 10, 2002 by placing the petition"under advisement"for 40 days.The "under advisement"
meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, ?floor.Town Hall, 120 Main Street, North
Andover,Massachusetts,was opened for Board members to discuss the request for a comprehensive permit by Valley Realty
Development,LLC,231 Sutton Street,Suite 2E-F;North Andover,Massachusetts.This application was for 270 housing units
per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential,and
I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts.
The following members were present and voting:Walter F.Soule,Scott,A.Karpinski,Ellen P.McIntyre,and George M.Earley.
William Sullivan was not in attendence during the vote.
Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the
comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be
affordable per the following preliminary plans:
Prepared by Sheet Title Rev.Date
a GSD Associates, Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
_.. SUBDIVISION.PLAN! _
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-1 B EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
BOARD OF y"PEAL8 688-9541 BUILDING 688-9545 CONSERVATIONI T 688-9530 HEALTH 688-9540 FL INWj IiNG 688-9535
h GZA GeoEnvironmental, Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-2D EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental, Inc.-Mass. C-3A UTILITY PLAN 12/06102
m GZA GeoEnvironmental,Inc.-Mass. C-36 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection
at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be
viewed during normal office hours.
Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley.
Town of North Andover
Board of Appeals
Walter F. Soule
Acting Chairperson
f T^
Decision on Comprehensive Permit Applicatioa YCE PRADSI ;.Y
i 0"N'ri CL IE E'K
Valley Realty Development, LLC � ! tTH AND0VcR
231 Sutton Street, Suite 2E
North Andover, MA 01845 2003 JAN I CQ P 35
Petition No. 2002-31
PROCEDURAL HISTORY
Valley Realty Development,LLC,("The Applicant"),is seeking a Comprehensive Permit pursuant to M.G.L.Chapter
40B,Sections 20 through 23,to construct 270 units of condominium housing of which 25%or 68 shall be set aside
as"affordable,"in the Residential 2 and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover,
MA 01845, ("the Property").
The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11,2002
at 1:30pm.
The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and
July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at
the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of
Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley;
Ellen P. McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused.
A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by
Thomas D. Laudani,Manager for Valley Realty Development,LLC,for the Comprehensive Permit Application to be
continued and heard at a regular hearing to be held on September 10,2002 at 7:30 p.m.;an additional waiver for
a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October
29, 2002 and November 12, 2002.
At the July 9, 2002 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue
the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development,
LLC, 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin &
Mellott, LLC,Attorneys at Law,One International Place, 18"'Floor, Boston, MA 02110;Gregory P.Smith,AIA,GSD
Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE,Dermot J.
Kelly Associates, Inc., 280 Main Street, Suite 204, North Reading, MA 01864; Steven Trettel, GZA-
GeoEnvironmental, Inc.-Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress
Associates, Inc., 17 Tewksbury Street,Andover,MA 01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino,
Valley Realty Development, LLC.
Mark West,West Environmental,Inc.,122 Mast Road,Suite 6,Lee,NH 03824,represented the Applicant formatters
pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings.
The public hearing was closed on December 10, 2002.
The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the
hearing.
These findings are based on the following submissions which include,but are not limited to,the following materials,
which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a
portion of this Application for a
P PP Comprehensive Permit.
1. Exhibit A: Traffic Impact and Access Study, Proposed Development Project,The Meadows, North
Andover, MA,Prepared by DJK Associates, Inc.for Valley Realty Development, LLC,April, 2002;
2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK
Associates, Inc. for Valley Realty Development, LLC, November 2002;
Pagel of 19
3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover
Zoning Board of Appeals, August 13, 2002, with subsequent revisions;
4. Exhibit D: Certificate of Legal Existence of Applicant;
5. Exhibit E: Certified List of Abutters;
6. Exhibit F: Sample Regulatory Agreement and Deed Rider;
7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographies, Inc.,
November 2002;
The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning
Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board
of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire
Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover
Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and
recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002, which
are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the
North Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision.There are no outstanding
issues raised by any Town Boards. All issues have been addressed by the Applicant.
Prior to the close of the public hearing on December 17,2002, the North Andover Zoning Board of Appeals also
received and considered the following written communications:
No. DATE RECIPIENT SENDER CONTENT/NOTES
8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test
Realty Development,LLC
9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General
10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice
Fink's Memo
11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review
12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary
13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review
14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review
15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and
Names
16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments
17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments
18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review
19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments
Development
20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from
Dept.Heads
21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture
I
22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Memo
Page 2 of 19
6
23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments
24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett
25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review
26 11/07/02 ZBA-William Sullivan Valley Realty Development, LLC Response to Ira Singer's Review
27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments
28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse
Comments
29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments
30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kellys
Comments
31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request
32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop
33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1
34 08/12/02 ZBA-Abutters List for North Assessors Office Map 108C Parcel 33,38,39
Andover
35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental
Notification Form
36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study
37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review
Commissioner
38 10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations
39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test
Development,LLC
In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen
Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present
findings of this review to the North Andover Zoning Board of Appeals in writing.Included in this review was a review
of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.This review was
paid for from funds received from the Applicant for this purpose.
The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists
of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and
kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be
extended to the site at the Applicant's expense.All of the existing structures are to be demolished. The Project as
proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings,
each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage.
Building 4 shall have 84 units and a 121 car garage;Lower Meadows-78 three bedroom townhouse style units in
27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the
Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces.
The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section
40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands
Protection Act Regulations,with the Conservation Commission on August 28,2002, DEP File Number 242-1169,
for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to
take place in the public right of way along Route 114 for the installation of utilities.
Page 3 of 19
The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows
and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North
District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability
company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals.
The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349. It is also
identified as Assessor's Ma 108A Lot 17 and Ma 108C Lots 33 38 and 39.The site is located in Zoning District
Map P , 9 s
Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993
indicates that the parcel is largely located in Zone C with a small portion in Zone A.
Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan
Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender
with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility
Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals
Committee in Stuborn Ltd Partnership v. Barnstable Bd. of Appeals,No. 98-01 (Decision March 5, 1999),the New
England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed
by the Applicant.
During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from
Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee,an abutter,and Jay Willis,Esq.,
Alfred J. Morrison, also an abutter.
In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the
proposed Project on the Town of North Andover,specifically with respect to the impact on the public school system.
As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact
Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural
Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land
Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The
original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and
comments from the North Andover Zoning Board of Appeals -and the North Andover Finance Committee
representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive
fiscal impact to the Town,with a final break even point in excess of 98 children.
On August 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary
of the Executive Office of Environmental Affairs,Robert Durand,to initiate the Massachusetts Environmental Policy
Act(MEPA) review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the
Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31,
2002, which required that an Environmental Impact Report (EIR)be provided.
In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access
to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the
creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The
Applicant has stated that in order to create a deceleration lane,it will need permission and an easement from the
Owner of the adjacent propertyto relocate a driveway and permission from the Massachusetts Highway Department
to alter Route 114.
A letter dated October 29, 2002 was received from Ira Singer,Town Administrator,Town of Middleton, expressing
his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the
need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant
submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of
Appeals on November 7, 2002, a copy of which was also sent to Mr.Singer. In this response was included a copy
of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive
Office of Environmental Affairs,Robert Durand, in which it is stated that"the Expanded ENF included a traffic study
performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the
Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we
recommend that no further environmental review be required based on traffic issues."
In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use
of the name"Meadows"would conflict with other residential developments in Town already using that name. The
App g
Applicant submitted the name 9 ePP
"Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower
Page 4 of 19
Meadows to both the Fire Department and the Police Department,which approved the selection. The Project has
been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower
Meadows will continue to be used in conjunction with the new names.
In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna
on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in
certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to
work with the Fire Department on meeting their requests.
In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup, the
Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two
locations for trash dumpters in the Upper Meadows/Oakridge Village,and private curbside trash pickup in the Lower
Meadows/Maplewood Reserve.
The Applicant has chosen the Citizens' Housing and Planning Association (CHAPA),as the agency to monitor the
resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with
them to this effect.
FINDINGS
1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization"
as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the
funding agency to limit profits,and is eligible to apply for and receive a comprehensive permit.
Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend
organization, the Project is fundable by the Federal Home Loan Bank of Boston's (FHLB/B) New England Fund
through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant
has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust,the
present owner.
2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met
the statutory minima set forth in M.G.L. Chap. 40B§20 or 760 CMR 31.04.
3. The Project.The Project, as shown on the final Site Plan, consists of a 192 condominium units in
four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site,
including forty-five (45) one bedroom units, one hundred forty-seven (147)two bedroom units and a total of 428
parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community
building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirty four(234)parking spaces
with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood
Reserve (f/k/a the Lower Meadows).
4. Affordable Housing to be Provided.Twenty-five percent(25%)of the units or 68(sixty-eight)units
shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B§ 20. Seven (7) additional
affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The
final number of afford able units shall be 75 or 27.78%of the total.
The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall
be for a term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by
Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained
in such restriction,as specified in the Conditions to this Decision.
5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway
aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North
Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate
the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of
Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with
respect to traffic issues.
Page 5 of 19
6. Support by Town Board and Agencies.During the course of the public hearings,the North Andover
Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department
of Public Works,the Police Department,the Fire Department,the Conservation Commission, the Planning Board,
and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding
issues.
7. Waivers Granted.As part of its application for a comprehensive permit,the Applicant submitted a
list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The
North Andover Zoning Board of Appeals finds that these waivers,included herein as revised,are necessary to make
the Project economically feasible and grants the requests.
DECISION
Based on the above findings and a 4-0 (four to zero)vote of the North Andover Zoning Board of Appeals taken on
January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general
conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following
conditions.
Comprehensive Permit Conditions
A. General Conditions
1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not
be substantially changed,altered or reconfigured in anywaywithout modification to this Comprehensive Permit,after
notice and hearing by law. The following plans were prepared for the Applicant:
Prepared by Sheet Title Rev.Date
a GSD Associates,Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-16 EXISTING CONDITIONS PLAN 1003/02
f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06t02
j GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
Page 6 of 19
o GSD Associates,Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates,Inc. A1-1.1 TYP.36 UNIT BLDG. FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. Ai-2.1 TYP.36 UNIT BLDG. ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates,Inc. A2-1.1 TYP,84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
2. All requirements of the New England Fund program as administered by the Federal Home Loan
Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be
executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds.
3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy
(270).The affordable units shall comprise twenty-five per cent(25%)of the total or sixty-eight(68)units which shall
be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two
affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units
in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the
same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent
buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others,
in those units.
4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7)
additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total
number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units
approved.
5. All affordable units are to be sold through a lottery process in accordance with Massachusetts
Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility
of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents
according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community
Development Department, and approved by the North Andover Zoning Board of Appeals.
Page 7 of 19
6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after
completion of construction, issuance of Certificate(s)of Occupancy by the building commissioner and conveyance
to individual unit owners.
7. During construction, all local, state and federal laws and regulations shall be followed regarding
noise, vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize
inconvenience to the residents in the area.
8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the
development of the site, unless expressly waived herein.
9. Before beginning any construction under this Comprehensive Permit, other than site work, the
Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions
necessitated by this decision, have been recorded with the Essex North Registry of Deeds.All plans shall include
either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a
document number or a book and page number shall be provided to the Building Commissioner.
10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage
for general liability in an amount not less than$1,000,000,automobile liability,umbrella coverage,and Workmen's
Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of
construction, including site preparation.
11. Prior to obtaining a building permit,the Applicant shall submit to the North Andover Zoning Board
of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site
plan signed by a Registered Architect and a Registered Engineer,as appropriate.
12. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of
Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions,
or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior
Court of the Commonwealth.
13. The comprehensive permit is granted based on the Application and no use and no other
improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by
virtue of the granting of the comprehensive permit.
14. The comprehensive permit shall run with the land.
15. The comprehensive permit shall become void in the event the Applicant does not obtain a building
permit in connection with the Project within three(3)years after the later of the date of(a) recording of this Permit
by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not
subject to an appeal or contest.
16. Any substantial deviation from the Project Plan shall require the approval of the North Andover
Zoning Board of Appeals, as determined by the Building Commissioner.
17. The Applicant shall not be permitted to receive a building permit (other than for the community
building and site work) until such time as the Applicant has executed and delivered a Regul4JM Agreement
substantially in the form as shown in Exhibit F (the Regulatory Agreement).The North Andover Zoning Board of
Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of
reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive
goals, based upon review of the form by the monitoring agent to be selected.
18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws,
rules, and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No
municipal fees are waived unless expressly stated in this decision.
19. The Project shall comply with all applicable state and federal regulations including but not limited
to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing,Electrical and
Fire Codes.
Page 8 of 19
20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment
a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation,
tree and brush clearing, grading and general site mitigation measure.
21. To the extent permitted by the law,residents of the Town of North Andover are to begranted a local
preference for the affordable units.In no case shall local preference be granted for more than seventy per cent(70%)
of the affordable units.
22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and
Regulations, 521 CMR.
B. SPECIFIC CONDITIONS
1. The Applicant shall be responsible forthe snow removal,trash removal,rubbish removal,recyclable
materials removal, road maintenance, and storm drainage maintenance on the property until such time as the
organization of unit owners for the condominium assumes those obligations, which shall be stated in the
condominium rules and regulations.
2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules
and regulations of the condominium shall contain a provision which isnot less restrictive than the following:
Any lease or rental of a unit by a Unit Owner,other than by the Declarant, shall be subject to the following
conditions:
a. Such lease or rental agreement shall be in writing;
b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof;
C. The term of the lease or rental agreement shall be for a term of not less than six(6)months;
d. The occupancy of the unit shall be for not more than two (2) unrelated people;
e. The lease or rental agreement shall expressly provide that the lease or rental is subject to
the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the
Condominium; and
f. A copy of the lease or rental agreement shall be provided to the Organization of Unit
owners.
g. Leasing or renting of the affordable units shall be prohibited, except as governed by the
provisions of the Regulatory Agreement and Deed Rider.
3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with
guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The
Applicant shall work with the Town of North Andover towards this goal.
4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association
(CHAPA).
5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons
whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and
Urban Development. In addition,the seven (7)additional affordable one bedroom units of the applicant's choosing
which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose
income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban
Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and
indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers
and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a
building permit and to the North Andover Zoning Board of Appeals for their file.
Page 9 of 19
Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of
Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every
affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in
accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184 §§31-33.
Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals,the Applicant shall use
its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event
that the Department of Housing and Community Development (formerly the Executive Office of Communities and
Development,EOCD) ("DHCD") is required by law to approve but declines to approve the perpetual restriction,the
proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and
approved b the DHCD but in no case less than ninety-nine ears as offered b the Applicant. In i v
pp y ty y y pp this event, the
Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to
secure approval of the perpetual restriction, the written denial thereof,and the grounds for denial, IF PROVIDED;
and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first
refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel,covering each and every
affordable unit in the Project effective upon the expiration of the affordability period.
6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge
Village plus a community building. In addition, seven (7)additional one bedroom units of the Applicant's choosing
shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper
Meadows/Oakridge Village
There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood
Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood
Reserve.The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per
unit.
The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%.
7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross
over streets on the site.
8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge
Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled
curbside trash pickup.
9. The Applicant shall provide snow storage locations on the site as shown on the final revised
preliminary plan.
10. There shall be two driveways to the site as shown on the final revised preliminary site plan.
11. There shall be master fire alarm box(es)as required by state code.
12. All buildings shall be equipped with a sprinkler system as per State regulations and building code.
13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for
entrance onto Route 114/Turnpike Street before a building permit is issued.
14. A fire protection system shall be designed by a licensed fire protection engineer and approved by
the North Andover Fire Department.
15. The execution of Form "U" by the North Andover Department of Public Works shall constitute
approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility
issues, including, but not limited to gas,sewer, water, etc.
16. Cross connection details and proper backflow information regarding water tie-ins and the type and
size of water services shall be provided and approved by the North Andover Department of Public Works; such
approval shall not be unreasonably withheld and shall be issued in a timely fashion.
Page 10 of 19
17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer
pumping station,shall be the responsibility of the Applicantand subsequent condominium association until such time
as the Town of North Andover requests a legal transfer to the Town.The Applicant or the condominium association
shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost.The sewer
pumping station shall remain privately owned.
18. The Applicant shall provide details on the sewer main and sewer services including profiles of the
utility to the North Andover Department of Public Works.
19. Drawings and specifications of the sewer conduits,sewer connections,and sewer pumping station
design shall be submitted to the North Andover Department of Public Works for review.
20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as
to prevent direct glare from the light source into any public street or private way or onto any adjacent property.
21. Screening and landscaping shall be substantially in compliance with the plan provided.
22. A drainage system maintenance manual shall be provided to the North Andover Department of
Public Works.
23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of
the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works
prior to the issuance of any building permit other than a foundation permit or a building permit for the construction
of the community building.
24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the
Property.
25. Whenever residents of the Project are eligible for school busing,the bus shall pick up and discharge
students at the community building at Upper Meadows/Oakridge Village only.
26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower
Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State
Forest and the site shall be identified with markings and small signs.
27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the
road opening within the public right of way; including the water and sewer connections, in the amount to be
determined by the North Andover Department of Public Works, in the form of a letter of creditor other security
agreed to by the Applicant and the North Andover Zoning Board of Appeals.
28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such
signal be installed by the Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The
conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower
Meadows/Maplewood Reserve, and shall have a pull box at each end.
29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall
contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed
in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to
the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board
of Appeals as part of this decision.
30. Upon completion of the project construction and 80 occupancy of the project units,the Applicant
shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals"
project, as currently proposed.This study shall be supplied to the North Andover Zoning Board of Appeals for the
information. The results of this revised Traffic Impact and Access Study are for informational purposes only.
Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study
completed.
Page 11 of 19
Approved Waivers to the By-Laws and Regulations
in Effect in the Town of North Andover
For the Approved 270 Unit Residential Housing Project
To be known as
The Meadows(now known as "OAKRIDGE VILLAGE"and "MAPLEWOOD RESERVE")
at 2357 Turnpike Street, North Andover, Massachusetts
Based on final revised plans and drawings prepared by GZA GeoEnvironmental, Inc.-Mass.and plans and drawings
prepared by GSD Associates, Inc. including
Prepared by Sheet Title Rev.Date
a GSD Associates,Inc. COVERSHEET 12/03/02
b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02
SUBDIVISION PLAN
c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02
d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02
e GZA GeoEnvironmental,Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02
f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02
g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02
h GZA GeoEnvironmental,Inc.-Mass. C-26 SITE DEVELOPMENT AND GRADING PLAN 12/06/02
i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02
j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02
k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02
DETAILS
I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02
m GZA GeoEnvironmental,Inc.-Mass. C-36 UTILITY PLAN 12/06/02
n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02
o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02
p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02
q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02
r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02
s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02
t GSD Associates,Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates,Inc. A1-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02
SCHEMATIC ELEVATIONS
Page 12 of 19
v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02
w GSD Associates, Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02
FLOOR PLAN
x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02
y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02
as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02
ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02
ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02
and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers
described herein are granted.
The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the
Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294
units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the
project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or
68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven (7)
affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village,
for a total of 75 affordable units or 27.78%.
The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a
number of kennels, fenced dog runs,and residential structures; however, the majority of the site is vacant and
unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the
demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and
related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (1-1) and
Residential 2(R-2). Multi-family dwellings are not allowed by right in I-1 and R-2 districts.In addition to market rate
and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the
site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law.
Waivers Required from the Zoning Bylaw
Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and
based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the
following waivers.
1. Section 1 - Purposes:
A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as
provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern
this Application,where they are in conflict.
2. Section 4- Buildings and Uses Permitted:
Page 13 of 19
A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following
designated buildings and alterations and extensions thereof and buildings accessory thereto and the
following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted.All
other buildings and uses are hereby expressly prohibited except uses which are similar in character to the
permitted uses shall be treated as requiring a Special Permit.A waiver from this section is granted since the
proposed multi family use is not allowable in the Industrial-1 and Residential-2 district.A multi family use
does not require a Special Permit.
3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of
record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying
to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern
at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear
feet in depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver
is granted from this section in its entirety.This section could be interpreted to apply the this Project in that
the Project is located in two zoning districts.
4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985/20)waygiving access to a
building or use or not permitted in a residential district shall be laid out or constructed so as to pass through
a residential district This section is waived in entirely to allow such access since the private or public ways
are located in and through a residential district that does not allow multifamily residences.
5. A Waiver from Section 4.121.1 is granted which states: One family dwelling,but not to exceed one dwelling
on any one lot A waiver from this section is granted to allow multi-family residential uses since the Project
is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage
buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have
multiple building and multifamily development in this zoning district.
6. A Waiver from Section 4.121.7 is granted which states:Swimming pools in excess of two(2)feet deep shall
be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four
(4)feet in height to be determined by the Building Inspector to prevent the entrance of persons other than
those residing at the pool location. Pools shall have a minimum ten(10)foot setback from side and rear lot
lines and be located no nearer the street than the building line of the dwelling, except by Special Permit A
waiver from this section is granted to allow the development of a community building with pool located within
the R-2 district as indicated on the site plan.
7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any
of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive
to the neighborhood.A waiver from this section is granted insofar as it could be construed to prevent the
placement on site of a sewage pumping station.
8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1
zoning district.
9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice
skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any
proposed pool or community buildings may be considered a swimming club.The pool and the community
building are for the exclusive use of the residents and their guests.
Page 14 of 19
10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety.This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as
this section may be construed to hinder the development of this Project as indicated on the site plan.
12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for
multifamily dwellings and associated uses in each of the zoning districts which the property is located where
it is not permitted by right.
13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this
section may be construed to hinder the development of this Project as indicated on the site plan.
14. Section 7-Dimensional Requirements:
A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List
of Dimensional Waivers by Building 12/05/02(rev.),including a waiverfrom Footnote 1,page FN1, 10'from
the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to
40')from the property line and 60'from the requirement that no building be located less than 100'from Route
114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded
to 40')from the property line.
Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional
Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all
zoning districts.
Page 15 of 19
i
GILDING
12/05/02(rev.)
WETLANDS REQUIREMENTS
ISOLATED VEG. RIVERFRONT BUFFER ZONES
BUILDINGS
::::: WE AREA
No Disturb No Build N/A No Disturb No Build
Lot Size Zone FT Zone FT N/A Zone FT Zone FT
Min.SF
nd.1 District Requirements 25 50 N/A 25 50
BLDG.# DESCRIPTION 80,000N/A
PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 >25 >50 N/A >25 >50
1 36 UNITS 3 no no N/A no no
aivers Granted V. >25 >50 N/A >25 >50
2 6 UNITS no no N/A no no
aivers Granted >25 >50 N/A >255 >50
3 6 UNITS+UNDERGRND PRKG. no no N/A no n9
aivers Granted >25 >50 N/A >25 >50
4 4 UNITS+UNDERGRND PRKG. no no N/A no no
aivers Granted >25 >50 N/A >25 >50
5 OMMUNITY BLDG. no no N/A no no
o Waivers Required
UB TOTALS 448,94;
aivers Granted n
Res.2 DistrictRequirements25 50 N/A 25 50
BLDG.# DESCRIPTION 43,561
OWER MEADOWS(MAPLEWOOD 1,604,60' <25 <50 N/A 125 <50
6 12 UNITS+2 CAR GARAGE A yes yes N/A _yes yes
Waivers Granted M >25 <50 N/A <25 <50
7 CAR GARAGE no yes WA yes yes
Waivers Granted >25 >50 N/A >25 >50
8 4 CAR GARAGE no no N/A no no
i
Waivers Granted >25 >50 N/A >25 >5C
9 6 UNITS+.2 CAR GARAGE no no N/A no no
Waivers Granted _ >25 <50' N/A >25 <5(
10 9 CAR GARAGE no yes N/A no ye€
Waivers Granted >25 >50 N/A >25 >5(
11 6 UNITS no no N/A no no
Waivers Granted >25 <50 N/A >25 <51
12 6 CAR GARAGE no yes N/A no ye
Waivers Granted >25 <50 N/A >25 r5
13 UNITS+4 CAR GARAGE no yes N/A no ye
Waivers Granted >25 <50 N/A >25 <F
i
14 5 UNITS+4 CAR GARAGE no yes N/A no y€
Waivers Granted >25 <50 N/A >25 <',
i
15 UNITS+4 CAR GARAGE no yes N/A no yF
Waivers Granted >25 <50 N/A >25 <
16 6 UNITS+6 CAR GARAGE no yes N/A no
Waivers Granted >25 <50 N/A >25 <
17 3 UNITS+2 CAR GARAGE no yes N/A no y
Waivers Granted >25 <50 N/A >25 < ++
18 6 UNITS+4 CAR GARAGE no yes N/A no y
Waivers Granted
WETLANDS REQUIREMENTS
BUILDINGS
ISOLATED VEG. RfVERFRONT BUFFER ZONES
WETLANDS AREA
of Size No Disturb No Build N/A
--WoDisfurb No Build
in.SF r Zone FT Zone FT WA
DG.# ESCRIPTtON Zone FT Zone FT
es.2 District Req'ts 43,560
25 50 N/A 25 50
19 CAR GARAGE
>25 >50 N/A >25 >50
o Waivers Required
no no N/A no no
20 UNITS+2 CAR GARAGE kA >25 <50 WA
>25 <50
aivers Granted
21 OMMUNITY BLDG. no yes N/A no yes
o Waivers Required >25 >50 N/A >25 >50
22 3 UNITS+3 CAR GARAGE no no WA no no.
aivers Granted >25 <50 NIA >25 <50
23 7 UNITS+2 CAR GARAGE no yes WA no yes
Waivers Granted >25 <50 N/A >25 <50
24 CAR GARAGE no yes N/A no yes
No Waivers Required r
>25 >50 N/A >25 >50
25 3 UNITS+3 CAR GARAGE no no N/A no no
aivers Granted
>25 >50 N/A >25 >50
Y
no no N/A no no
26 4 UNITS+4 CAR GARAGE >25 >50 N/A >25 >50
Waivers Granted no no N/A
no no
27 5 UNITS+2 CAR GARAGE
>25 >50 N/A >25 >50
aivers Granted y no no _ N/A
no no
28 3 CAR GARAGE < >25 >50 N/A
>25 >50
o Waivers Required
no no N/A no no
UB TOTALS 1,604,600
o Waivers Required no
OTALS 2,053,543
Section 8, Supplementary Regulations
15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the
development of this Project as indicated on the site plan.
16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow
for the parking ratios indicated on the site plan with respect to the community buildings.
17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than
9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide
and 20'wide as indicated on the site plan.
18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be
used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this
section could be construed to prohibit parking as indicated on the site plan.
19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used
for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section
could be construed to prohibit parking as indicated on the site plan.
20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one
(1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear
of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed
structures. A waiver is granted from this section in its in as much as this section could be construed to
prohibit parking as indicated on the site plan.
21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided
for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated
by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to
allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR
the Architectural Access Board Regulations for accessible spaces.
22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated
by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review.
23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and
Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be
construed to be applicable to this Project.
24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this
Project is regulated bythe requirements under a Comprehensive Permit(Chapter40B)and are exempt from
such review.
25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be
construed to hinder the development of this Project.
Page 18 of 19
12/05/02(rev) THE MEADOWS/OAKRIDGE VILLAGE & MAPL.EWOOD RESERVE -LIST OF DIMENSIONAL WAIVERS BY BUILDING
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. rout Side Rear Fir.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys• No Disturb No Build N/A No Disturb No Build
Min.SF Max. FT Min.FT Ain.FT Min.FT Min.FT qatio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT
nd.1 District Requirements
BLDG.# DESCRIPTION 80,000 55 150 50 50 50 0.500:1 35*/0 WA N/A 50 75 100 25 50 N/A 25 50
PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A
1 36 UNITS <55 >150 <100 >50 >50 0.105:1 3.511/1 3A8 N/A >50 >75 N/A >25 >50 WA >25 >50
givers Granted no no yes no no WA no no SEWER no no N/A no no
26 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 NIA >50 >75 SYSTEM >25 >50 N/A >25 >50
aivers Granted no no yes no no N/A no no N/A no no N/A no no
3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 NIA >50 >75 N/A >25 >50 N/A >25 >50
aivers Granted yes no no yes no , WA no no NIA no no N/A no nq
4 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >60 0.375:1 8.0% 8.12 N/A >50 >75 NIA >25 >50 NIA >25 >50
aivers Granted yes no no no no N/A no no WA no no WA no no
5 MMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5%, 0 WA >50 >75 WA >25 >50 NIA >25 >50
o Waivers Required no no no no -no N/A no no WA no no WA no no
UB TOTALS 448,943 0.730:1 19.00/0 18.56
aivers Granted no yes no N/A
Res.2 District Requirements
BLDG.# DESCRIPTION 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50
OWER MEADOWS(MAPLEWOOD 1,604,600
6 2 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A WA WA N/A <50 <75 NIA <25 <50 WA <25 <50
aivers Granted yes no no no no NIA N/A NIA N/A yes yes SEWER yes yes N/A _yes yes
7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <76 SYSTEM >25 <50 NIA <25. <50
aivers Granted no no no no no N/A N/A WA N/A yes yesN/A no yes N/A yes yes
8 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A N/A WA >50 <75 WA >25 >50 N/A >25 >50
Waivers Granted no no no no no WA N/A N/A N/A no yes N/A no no N/A no no
9 UNITS+.2CAR GARAGE >35 >150 >30 >30 >30 N/A N/A WA N/A >50 >75 WA >25 >50 WA >25 >50
aivers Granted yes no no no no N/A N/A N/A NIA no no N/A no no N/A no no
10 CAR GARAGE <35 >150 >30 >30 >30 N/A NIA WA WA <50 <75 NIA >25 <50' WA >25 c5(
alvers Granted no no no no no N/A WA WA N/A yes yes WA no yes N/A no ye;
11 UNITS >35 >150 >30 >30 >30 N/A WA NIA WA >50 >75 N/A >25 >50 WA >25 >51
aivers Granted yes no no no no N/A N/A N/A WA no no N/A rio no WA no no
12 CAR GARAGE <35 >150 >30 >30 >30 N/A NIA NIA N/A <50 <75 N/A >25 <50 N/A >25 <51
Waivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye
13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 NIA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5
UNITS
Granted yes no yes yes yes N/A N/A WA NIA yes yes WA no yes WA no ye
14 5 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 WA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <F
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no y€
15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <`
aivers Granted yes no no no no N/A N/A WA N/A yes yes NIA no yes N/A no yf
16 6 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <'
aivers Granted yes no yes yes N/A NIA N/A N/A yes yes N/A no yes N/A no y,
17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A NIA <50 <75 N/A >25 <50 N/A >25 <
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no y
18 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <
aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no 1
Page 16 of 19
ZONING REQUIREMENTS WETLANDS REQUIREMENTS
BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES
(VERNAL POOLS) WETLANDS AREA
Lot Size Height St Front. ront Side Rear Fir.Area Lot Coverage t?welling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build
Win.SF Max.FT Min.FT An.FT Min.FT Min.FT Ratio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT
DG.# ESCRIPTION
es.2 District Regls 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50
19 [CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
No Waivers-Required no no no no no N/A N/A N/A N/A no no SEWER no no N/A no no
20 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A >25 <50
aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
21 30MMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no WA N/A N/A N/A no no N/A no no N/A no no.
22 3 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 WA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes
23 7 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 NJA N/A N/A N/A <50 <75 " N/A >25 <50 N/A >25 <50
Waivers Granted yes no no no no N/A NIA N/A NIA yes yes N/A no yes N/A no yes
24 4 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A NIA N/A >50 >75 N/A >25 >50 N/A >25 >50
o Waivers Required no no no no no WN/A N/A N/A no no N/A no no N/A no no
A
253 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A >50 <75 N/A >25 >50 N/A >25 >50
Waivers Granted yes no no no no N/A N/A WA N/A no yes N/A no no N/A no no
26 4 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A NIA >50 <75 N/A >25 >50 NIA >25 >50
Waivers Granted yes no no no no N/A N/A N/A N/A no yes N/A no no N/A no no
27 5 UMTS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A X50 >75 N/A >25 >50 N/A >25 >50
Waivers Granted yes no no no no N/A N/A N/A WA no no N/A no no N/A no no
28 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 NFA >25 >50 N/A >25 >50
n no
A o
o Waivers
no no N/
a s it WA
Re u no
ed
o A no
n no no no no A A° � N/A NI
Required N! N/
UB TOTALS 1,604,600 2.12
No Waivers Required no NIA
OTALS 2,053,543
Page 17 of 19
Section 8, Supplementary Regulations
15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the
development of this Project as indicated on the site plan.
16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow
for the parking ratios indicated on the site plan with respect to the community buildings.
17. A waiver from Section 8.1.7 is granted which reads: A parking space shalt mean an area of not less than
9'x78; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide
and 20'wide as indicated on the site plan.
18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be
used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this
section could be construed to prohibit parking as indicated on the site plan.
19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used
for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section
could be construed to prohibit parking as indicated on the site plan.
20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one
(1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear
of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed
structures. A waiver is granted from this section in its in as much as this section could be construed to
prohibit parking as indicated on the site plan.
21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided
for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated
by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to
allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR
the Architectural Access Board Regulations for accessible spaces.
22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated
by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review.
23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial ar d
Industrial Districts (1987/12) is.A waiver is granted from this section in as much as this section could be
construed to be applicable to this Project.
24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this
Project is regulated by the requirements under Comprehensive Permit(Chapter 40B)and are exempt from
such review.
25. Awaiverfrom Section 8.7 Growth Management is granted in its entirety in as much as this section could be
construed to hinder the development of this Project.
Page 18 of 19
26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section
could be construed to be applicable to this Project. A waiver is granted insofar as this section may be
construed to hinder the development as indicated on the site plan.
27. Section 10-Administration:
A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be
construed to be applicable to this Project.References are made to various special permit granting authorities
that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is
exempt from such review.
28. Section 11 - Planned Development District:
A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section
could be construed to be applicable to this Project. This Project is not located in an I-S district, is being
submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such
review.
29. Wetlands Bylaw
A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations
pertaining thereto, is granted with respect to:
a. Disturbance in the 25' no disturbance zone (Section 3e(3));
b. Disturbance in the 50' no build zone (Section 3e(2)); and
C. Disturbance in the 75'no build zone pertaining to vernal pools(Section 3a(4)).
30. Subdivision Bylaw
A waiver from the Town of North Andover Subdivision Control Bylaw is granted.
31. Local Board of Health Bylaws
A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted
where it is more restrictive than the State Sanitary Code.
32. Bonds
A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this
Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the
North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work
in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the
road opening within the public right of way, including the water and sewer connections.
33. Fees
A waiver is granted for water and sewer connection fees associated with the 75 affordable units(see Specific
Condition#29, Page 11 of 19].
Page 19 of 19
4
a-A
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
j A. General Information
Important:
When filling out 1. Applicant:
forms on the Valley Realty Development
computer, use Name
only the tab
key to move 231 Sutton Street, Suite 1-B
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State Zip Code
vtw I! 2. Property Owner(if different):
Name
ream
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
1/22/03
Date
for work at:
2357 Turnpike Street Map 108A, 108C 38, 33, 39
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 1888 349
County Book Page
Certificate(if registered land)
is hereby extended until:
1/22/08
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extendedlicable if applicable): 1/22/07
( PP )
Date
Issued by:
North Andover /13k&
Conservation Commission Date
wpaformTdoc•rev.3/1/05 Page 1 of 3
i
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Authorization (cont.)
J
This Order of Conditions Extension sf be signed by a ajority of
nservation Commission
and a copy sent to the applicant " d e appropriate D Reg' n 1
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
cGu 'r
b X006
On this Day 13Of De-Month Year
Before me, the undersigned Notary Public,personally appeared
sc 04 MA6 s¢--
Name of 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
City/Town
DONNA M.WEDGE /r('
IOTARYPWLIC Signature of Notary Public/ '
- COMMONWEALTH OF MASSACHUSETTS V 4f /_
MY Comm. ares A .7 20 G
P �9 . 09
Printed Name of Notary Public
/!z 2
Place notary seal and/or any stamp above d a�
My CommIssion Evoires(Date)
wpaformTdoc•rev.3/1/05 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1169
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
242-1169
Project Location DEP File Number
has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaformTdoc rev.3/1/05 Page 3 of 3
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
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverelt Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Millon Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform7.doc•DEP Addresses•rev.12/4/06 Page 1 of 1