HomeMy WebLinkAboutONE HUNDRED FOURTEEN TRUST FROM :TRUST CONSTRUCTION FAX NO. :976-640--0531 Oct. 10 2007 12:17PM P1
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JOHNSON & BORENSTEIN, LLC
Attorneys at Law CCEIVED �
12 Chestnut Street
Andover,Massachusetts 01810-3706T Q Y "1 r ' R�` .- r r w
2005 DEC 26 AM 11: 3
(978)475-4488
Telecopier: (978)475-6703 T t I vi
NORTH
MARK B. JOHNSON (MA,NH,DC) Paralegals
DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN
MICHELE C. JONIKAS
KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER
ANNA R. VERGADOS(MA,NH) KAREN L. BUSSELL
DENISE A. BROGNA(MA,CA) DONELL KING
EMILY M. SAMANSKY(MA)
LAURA BUCK(MA,FL)
December 19, 2006
VIA FACSIMILE/(978) 688-9542 and
FIRST CLASS MAIL
Mitch Glennon, Secretary
North Andover Zoning Board of Appeals
400 Osgood Street
North Andover, MA 01845
ReOne Hundred Fourteen Trust
Merrimac Condominiums, Comprehensive Permit
Turnpike Street, North Andover, MA"
Dear Mitch:
The purpose of this letter is to confirm that the above-captioned matter will
be continued from tonight's meeting to either January 16, 2006 or January 18,
2006, as determined by the Board and announced at tonight's meeting, and that the
Applicant requests and assents to same.
Should you have any questions or concerns,please do not hesitate to
contact me
Very truly yours,
JOHNSON & BORENSTEIN, LLC
- girls' ,
Donald F..Borenstein
DFB/dms
cc: One Hundred Fourteen Trust
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08/31/2007 14:07 0000000000 JOHNSON & BORENSTEIN PAGE 02/02
JOHNSON & BORENSTEM, LLC
Attorneys at Law i`r i i��V E D
12 Chestnut Street TO
Andover,A+Mmachuscas 0 18 10-3 706
2007 AUG 31 PH 2* 5 1
r (979)1975-6703Td(piev e
www.bliclaw.com NORTH
MAS5 �� 6
MARK 8. IOHNSON (MA.NH.00 P'4 1e ¢
DONALD F. 80RFWsTEIN (MA.M6.NH) KATHRYN M. MORIN
_ MICHELE C. JONIKAS
KRISTINE M. S141;EHY(MA) KARAW L. RUSSEIa,
ANNA R. V$RGADOS(MA.NH)
DENISE A. BROGNA(MA.CA)
EMILY M. SAMANSKY(MA)
LAURA B. SGWMACM(MA,FL)
August 31,2007
Fla Facsimile: 978-689-954.2
And First Class Afail
Albert P, Manzi,III, Esquire,Chairnnan
C/O Michel Glennon
Zoning Board of Appeals
1600 Osgood Street
Building 20, Suite 2-36
North Andover,MA 01845
Re: One Hundred Fourteen'Trust
Merrimac Condominiums,Comprehensive Permit
Tunwike Street Nor(b Andover MA
Dear Chairman Manzi:
This letter will confirm that the Applicant has assented to the extension of the
deadline by which the Board is to take"final action"on this Comprehensive Permit
Application to Friday,September 14,2007.
Very truly yours,
.1owsoN&>soRENSTEIN,LLC
Donald F.`Borenstein
III
DFB
PC: Peter Hingorani, via electronic mail
Patrick Garner, via etectronle mail
Mark Bobrowski,Esquire,via electronic HWU
Albert P.Manzi, III,Esquire, Chairman,via e1ed?0nic nWl
f4-
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MARK B. JOHNSON f IVF_D
12 Chestnut Street `'' � ° :_
Andover,Massachusetts 01810-3706 ` F I f.;'"
206`1 OCT [2 PH 3: 31
(978)475-4488 10
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Telecoer. ( 8) 75
i 97 4 -6703
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MASS Chit
& _, Paralegals
MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN
LINDA A. O'CONNELL (MA,NH,RI) LIANNE CRISTALDI
DONALD F. BORENSTEIN (MA,ME) JOAN H.DUFF
MICHAEL G. FURLONG (MA) MICHELE C.JONIKAS
JAMES BONFANTI (MA)
SHAUNA E.McCARTHY,J.D.
October 12,2007
Via Hand Delivery &
Certified Mail Return Receipt Requested
Albert P. Manzi, III, Esq., Chairman
c/o Mitch Glennon, Secretary
North Andover Zoning Board of Appeals
400 Osgood Street
North Andover,MA 01845
Re: Applicant: One Hundred Fourteen Trust
Project: Merrimac Condominiums
Property: Turnpike Street &Berry Street
Map 106D, Lots 44, 63, 74 &75
Original
Decision: Comprehensive Permit Finding And Decision dated
9/11/07, filed with the Town Clerk on 9/19/07
Notification of Proiect Change, 760 CMR 31.03(3)
Dear Chairman Manzi:
Thank you again for your cooperation and that of your Board Members in
connection with the above-referenced Comprehensive Permit. Consistent with the
Board's Decision and the Comprehensive Permit regulations, by this letter the
Applicant gives notice of the following Project Changes". Under Condition No.
1 of the Decision and 760 CMR 31.03(3), the Applicant is entitled to make
"insubstantial" changes to the Project. A copy of 760 CMR 31.03 is attached
hereto as Exhibit A for your reference. Unless the Board determines and notifies
the Applicant, within 20 days of the Applicant's submission of a notice of project
WI
OCT 12 ZOO/
D
BOARD OF APPEALS
Albert P. Manzi, III, Esq., Chairman
October 12, 2007
Page 2
change, that the proposed change is substantial, then the Decision is deemed to
have been modified to incorporate the change. A table illustrating the changes is
attached hereto for your reference as Exhibit B. The Applicant believes that its
proposed changes are "insubstantial" and, that no action is necessarily required of
the Board for the Decision to be deemed as modified to include them. However,
for clarity of the Board's record, I have prepared a proposed Insubstantial
Modification Decision for the Board's review and have attached same as Exhibit
C.
Proposed Changes
1. Replace Proposed ANR Plan with Final ANR Plan
The Decision lists 12 plan sheets as constituting the Project's"Plans of
Record See Condition No. 1 at pages 3 and 4 of the Decision. The eighth
listed plan of record is entitled "Proposed ANR Plan, Lots 1 N-A thru 4N-A,
North Andover, Mass." with revisions through 3/26/07. Under the last
paragraph of Condition No. 5 of the Decision, the Applicant is to prepare and
submit a Final ANR Plan for endorsement by the Board and recording at the
Registry of Deeds, creating the 3 single-family Berry Street lots.
The Applicant has prepared and submitted the Final ANR Plan, entitled
"Approval Not Required Plan, Lots 1N-A thru 4N-A, North Andover,Mass.",
with revisions through Oct. 11, 2007 ("Final ANR Plan"). A copy of the Final
ANR Plan is attached hereto as Exhibit D. The Applicant now proposes to
eliminate the "Proposed ANR Plan" from the Decision's "Plans of Record"
and to substitute in its place the Final ANR Plan. Aside from various
formatting changes consistent with the Planning Board's ANR Regulations and
requested by the Town Planner, the principle differences between the Proposed
ANR Plan and the Final ANR Plan are minor mathematical alterations to the
lot boundaries. These alterations are detailed in the attached table, Exhibit B.
This proposed"change" adopting the Final ANR Plan, does not trigger or
require any additional waivers from the Board. The Applicant believes this
proposed "change" is insubstantial.
Albert P. Manzi, III, Esq., Chairman
October 12, 2007
Page 3
2. Incorporate Conservation Commission Plan into Decision -
Condition No. 21 of the Decision requires that the plans approved by the
Conservation Commission under the State Wetlands Protection Act be
incorporated into the Board's Decision. Also, several of the waivers granted
by the Board from the Town's Wetland Protection Bylaw require that wetland
replication be provided as recommended by the Commission. The Applicant
has submitted State Wetlands Act Notices of Intent to the Town's
Conservation Commission in connection with the 3 single-family house lots,
the sewer connection and the forest restoration and wetland replication
proposed along Berry Street. (The Applicant will be submitting a separate
Notice of Intent to the Commission for the condominium development
accessed off of Turnpike Street once those detailed plans are completed.) On
October 10, 2007, the Commission closed its public hearings on the Berry
Street work and moved to issue Orders of Conditions for that work based on
the Applicant's plan entitled, "Proposed Houses &Assoc. Utilities, Lots 1N-A
Thru#n-A, North Andover, Mass." consisting of 2 sheets, with revisions
through October 2, 2007 ("Berry Street Conservation Commission Plan"). A
copy of that plan is attached hereto as Exhibit E. The Orders of Conditions
are expected to be issued at the Commission's next meeting on October 24,
2007, and copies of those Orders will be submitted to the Board promptly
following their issuance.
The Applicant now proposes to incorporate the Berry Street Conservation
Commission Plan into the Decision's "Plans of Record' and, for the more
detailed and final information shown on that plan to control the Berry Street
work. The additions and differences between the Berry Street Conservation
Commission Plan and the original Decision's Plans of Record consist
principally of the final location and details of the, specifications and
dimensions of wetland replication and reforestation areas;house locations;
sedimentation barriers; and other items required by the Commission, such as,
an extensive stone wall demarcating the wetland boundary. This proposed
"change"; incorporating the Berry Street Conservation Commission Plan,
does not trigger or require any additional waivers from the Board. The
Applicant believes this proposed "change" is consistent with the Board's
Decision and is insubstantial.
Albert P. Manzi, III, Esq., Chairman
October 12, 2007
Page 4
Nine additional copies of this package are submitted by hand-delivery
herewith for your distribution. Thank you again for your cooperation.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Donald F. Borenstein
DFB-klb
pc: Peter Hingorani, Trustee, via I"class mail
Patrick Garner, R.P.L.S., via Is`class mail
North Andover Town Clerk, via hand-delivery
Mark Bobrowski, Esq., via I"class mail
+ r
EXHIBIT A
760 CMR 31.03
31.03: Changes in Applicant's Proposal
(1) Substantial Changes. If an applicant involved in an appeal to the
Committee desires to change aspects of its proposal from its content at the
time it made application to the Board, it shall notify the Committee in
writing of such changes and the Committee shall determine whether such
changes are substantial. If the Committee finds that the changes are
substantial, it shall remand the proposal to the Board for a public hearing to
be held within 30 days and a decision to be issued within 40 days of
termination of the hearing as provided in M.G.L. c. 40B, § 21. Only the
changes in the proposal or aspects of the proposal affected thereby shall be
at issue in such hearing. If the Committee finds that the changes are not
substantial and that the applicant has good cause for not originally presenting
such details to the Board, the changes shall be permitted if the proposal as so
changed meets the requirements of M.G.L. c. 40B and 760 CMR 31.00.
(2) CommentM and Examples. The statute requires that an applicant
present its application first to a local Board of Appeals before appealing to
the Housing Appeals Committee. If on appeal to the Committee the
applicant wishes to make changes in its proposal from its content as
originally presented to the Board,the Board should have an opportunity to
review changes which are substantial.
Following are some examples of what circumstances ordinarily will and
will not constitute a substantial change of the kind described in 760 CMR
31.03(1):
(a) The following matters ordinarily will be substantial changes:
1. An increase of more than 10% in the height of the building(s);
2. An increase of more than 10% in the number of housing units
proposed;
3. A reduction in the size of the site of more than 10% in excess of
any decrease in the number of housing units proposed;
4. A change in building type (e.g., garden apartments, townhouses,
high rises);
5. A change from rental property to homeownership or vice versa;
(b) The following matters ordinarily will not be substantial changes:
1. A reduction in the number of housing units proposed;
2. A decrease of less than 10% in the floor area of individual units;
3. A change in the number of bedrooms within individual units, if
such changes do not alter the overall bedroom count of the proposed
housing by more than 10%;
4. A change in the color or style of materials used;
5. A change in the financing program under which the applicant
plans to receive financing, if the change affects no other aspect of the
proposal.
(3) Changes after Issuance of a Permit.
(a) If after a comprehensive permit is granted by the Board or the
Committee, an applicant desires to change the details of its proposal
as approved by the Board or the Committee,it shall promptly notify
the Board in writing,describing such change. Within 20 days the
Board shall determine and notify the applicant whether it deems the
change substantial or insubstantial.
(b) If the change is determined to be insubstantial or if the Board
fails to notify the applicant,the comprehensive permit shall be
deemed modified to incorporate the change.
(c) If the changeisdetermined to be substantial,the Board shall hold a
public hearing within 30 days of its determination and issue a decision
within 40 days of termination of the hearing, all as provided in M.G.L. c.
40B, § 21. Only the changes in the proposal or aspects of the proposal
affected thereby shall be at issue in such hearing. A decision of the
Board denying the change or granting it with conditions which make the
housing uneconomic may be appealed to the Committee pursuant to
M.G.L. c.40B, § 22; a decision granting the change may be appealed to
the superior court pursuant to M.G.L. c. 40B, § 21 and M.G.L. c. 40A, §
17.
(d) The applicant may appeal a determination that a change is
substantial by filing a petition with the Committee within 20 days of
being so notified. Such an appeal will stay the proceedings before the
Board.
1. If the Committee rules that the change is insubstantial, it shall
modify the comprehensive permit.
2. If the Committee rules that the change is substantial, it shall
remand the proposal fora hearing pursuant to 760 CMR 31.03(3)(c).
EXHIBIT B
TABLE COMPARING
PROPOSED ANR PLAN vs. FINAL ANR PLAN
Proposed ANR vs. Final ANR Front Right Side Left Side Rear Area
Lot 1 N-A (Proposed ANR/Original Decision) 174.95 226.76 104.56 507.19 1 .9
Lot 1 N-A (Final ANR) 174.95 226.53 104.17 507.19 1.900
Lot 2N-A (Proposed ANR/Original Decision) Not Shown 250.06 226.76 Not Shown 1 .0
Lot 2N-A (Final ANR) 185.18 249.99 226.53 186.00 1.000
Lot 3N-A (Proposed ANR/Original Decision) Not Shown Not Shown 250.06 Not Shown 1.0
Lot 3N-A (Final ANR) 612.23 241.06 249.99 206.31 1.000
Lot 4N-A (Proposed ANR/Original Decision) Not Shown Not Shown 522.15 Not Shown 10.8
Lot 4N-A (Final ANR) 689.00 1272.31 522.15 1182.91 10.799
Total Area (Proposed ANR/Orifi. Decision): 14.7
Total Area (Final ANR): 14.699
NOTES:
"Not Shown"indicates that dimension is either not shown whatsoever or only partially indicated.
"Proposed ANR/Original Decision"refers to Proposed ANR Plan revised through 3/26/07 included in the Original Decision's"Plans of Record".
"Final ANR"refers to Final ANR Plan entitled"Approval Not Required Plan, Lots 1 N-A thru 4N-A, North Andover, Mass.",with revisions through Oct. 11, 2007,
submitted with the Applicant's Notice of Project Change dated 10/12/07.
Proposed ANR/Original Decision Area information is taken from Page 1 of the Original Decision,this information was incomplete on the Proposed ANR Plan.
EXHIBIT C
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
INSUBSTANTIAL MODIFICATION OF
FINDING AND DECISION
(760 CMR 31.03(3))
Applicant: One Hundred Fourteen Trust
Project: Merrimac Condominiums
Property: Turnpike Street & Berry Street
Map 106D, Lots 44, 63, 74 &-75
Original
Decision: Comprehensive Permit Finding And Decision dated
9/11/07, filed with the Town Clerk on 9/19/07
Date: November 2007
At a public hearing held on November , 2007, the North Andover
Zoning Board of Appeals (`Board") made a finding that the Applicant's
Notification of Project Change dated October 12, 2007, and filed with the Board
and the Town Clerk on October 12, 2007, constituted an insubstantial change and
voted to modify its Original Decision as follows:
1. Replace Proposed ANR Plan with Final ANR Plan
The Original Decision's "Plans of Record", listed at Condition No. 1 at pages 3
and 4 of the Original Decision, are amended to eliminate the eighth listed plan
sheet entitled "Proposed ANR Plan, Lots IN-A thru 4N-A, North Andover,
Mass." with revisions through 3/26/07, and to replace said plan with the
Applicant's Final ANR Plan; entitled "Approval Not Required Plan, Lots IN-A
thru 4N-A, North Andover, Mass.", with revisions through Oct. 11, 2007
("Final ANR Plan"). The Final ANR Plan was submitted as Exhibit D to the
Applicant's Notification of Project Change dated October 12, 2007, and shall
now be a part of the "Plans of Record" of the Decision, as amended.
2. Incorporate Conservation Commission Plan into Decision
The Original Decision's "Plans of Record", listed at Condition No. 1 at pages 3
and 4 of the Original Decision, are amended to include the Applicant's plan
entitled, `.`Proposed Houses & Assoc. Utilities, Lots IN-A Thru 3N-A, North
Andover,Mass." consisting of 2 sheets, with revisions through October 2,
2007 ("Berry Street Conservation Commission Plan"). The Berry Street
Conservation Commission Plan was submitted as Exhibit E to the Applicant's
Notification of Project Change dated October 12, 2007, and shall now be a part
of the "Plans of Record" of the Decision, as amended, and control as to work
on Lots I N-A, 2N-A, 3N-A and along Berry Street.
The vote of the Board was as follows:
Affirmative-
Negative-
i
cf) W ZONING DIMENSIONAL RE4U1R�fTS:
FERN ST. _ 1. RET VARIABLE R/
T
RRY `
5 B E VILLAGE TRE. j
(/7 SIF hry0 36'ELM RES. 4
.�� Q 1 + FRONTAGE TD AL=i74.9s' LOTAREA
.16
/•�/ q 2S
FRONT — 6� 43,s6o 10.000
t. > AaEA E. 8s 2w
- SIDE
e s — FR«NT SETBACK Ir Sw
LOT 3N—A "m
A 1.000 AC. �� p, SETBACK 30' sD'
,a /2� LOT 2N— ,1:\ \a 3i�is sF \�
\ \ A \ ( N/F Beth PADELLARO SCALE 1* 100V
1.000 AC. i ► CON11G000S UPLAND) \ 193 Berry St.
q 43,562,50 S.F. $\
LOT 1 N—A \ \fi j32 733 SF \ pTHIS HAS MEN PREPMED
OQ / CON 6tlOUS UPLAND) \ \' WITH TINE RULES 8 REGIRATIONaI OF TME
1.900
� AC. �
\ h REGISTRARS of DEEDS R4'11E COMMONWEALTH of
82,814.20 S.F. / Na \ \ ' 1 tASMCNUSFM AND INCOIPLNNCEWITH THE
S.F. \ \ 4�. \ RULS&REOUTATIONS PWLTHE PRACOCEOF LAND
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M Amari Ens.THaDIARATIONaI4mor
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PRIORDECIRONS ONT IS LA BOARD APPLICATIONS OR ('. �ND: .�T \ ti �•'-"'�- AREA c. "'� TO MFM7HERWiRalENf5�7NE REGI4TRY�
O).PIATMING BOARD-STUB PEAK RflOEW SPEGAI,PDIMR \V 3p._ ' 31• F � !/ q - y..,`gi ter; �AND a NOTA CERTIFICATION OF THE TITLE
-TO CfHaiA1KT 2 S-STORYOFFICE BIRLDINCS 0F09-OE.
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(O ZONMNG 80AAD OPAIPEALS•VAMANQ flIOM .� Ftp AREA /�( � -,_, - yp�� S83� ^""•� � a+w, .
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(4)ZONING 80ALD OF APPEALS-VARIANCE FOR PASBONG __,,fi�tt p ___VIIIAGE RESIDENTIAL ZONE, J FOR REGISTRY USE ONLY
REM FOR T1EZ 5-STORY DRUM BUILDINGS(4m/OIL \� / \ 3%� � �� � �•�" � 81M1Ea$•��C' T "'NE /�' \ V
GRANTED LWOWAMAL:APPEAL DISMISSED FEB 2Oa. V + \ i '� C ^ JP TECHNIcALNOTES:
W ZO/MNC BOARDaAFPBALS.4pBAPPLKA7pN \ `Cy, / •••-� '+�\ APPROVAL UNDER SUBDIVISION
G'.00S-04S).CMNF®a/iT/07).
ORE\\ '' •l �-\�� i PROAL BY THE NORRTTHH WERANOS SHORN WERE
ANDOVER ZONING BOARD OF APPROVED BY CONCOM M MAY
APPEALS ACTING AS THE 2006,t ARE THOSE
•a ��' ' / O $. PLANNING BOARD IN.ITS PROTECT-ED'UNDER THE STATE
APIE
\ CAPACITY AS THE COMPRE- WET'-LANDS PROTECTION ACT.
!� �IT1' 6 / P frJ• ^ �yb` �G `/ AUTHORITHENSIVE Y
UNDERRMIT �, LOTS 1-N THRU 3-N TO USE
-�-J 16' •6� 5d'� FORFSiO AREA ` tfi lQ AT A MEETING ON IT TOM SEWER&INWNWN.
\ \. WAS VOTED TO APPROVE THIS �,
- N Beth PADELLARO-y� - PLAN.
/, 193 Berry$t. TOTAL SITE ACREAGE(AL1
1
/ ./\ cPy1 FOUALLR PARCE.S)=14.899 AC'S
m'MAPLE _•/. / / - G �.r /'_."'� J \ "per Ya •'-- ---- BOUNDWBY STONE IIIALLS.NO
SIRIJCTURM.�. �•� / '3 i /
F010 ARE ABOVE OR m E�iasr
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ON ATE.
,N. THE EVoeALL FROM
FOR
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N5 ORTHM
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�C. fit') 8' ✓ �" '"\ SOMAOL_ y' •r. S lC'�. - MA'DATED SEPT 25 1985 BY
l� ' '�y�T. /� = rr VAMA�HMNGEN ENR.INC.
15 / .Va- "�/ -- SAID PLAN IS RECORDED IN
r _ --- ---
h�.
THE N.gS7RK:T E59EX COUNTY
�ty` / //. - /"••r_._� rr . �/ : 465'1 REGISTRY AS PLAN 11110143.
F0 ARE" ------ FOR TME REIFERENCE.SEE
XY
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ACTING
PLANNUIG BOARD,THE THE ZOMNO-WITHIN OVERALL
\\ RESIDE.a ETHER SINESVILLAGE
lw M / //. \\ �p \ EXISTING 81•DG• AS NOT
SUBDIVISIONOVAL ZONE LINES SH RESIDENTIAL OR BUSINESS
k \ ENDORSEMENTOROF THE PLAN DISTRICT
CONTROI.LAW IS NOT A APPROMMATE IV SCALED FROM
DETERMINATION AS.TO TOWN ZONING MAP.
\ cONFoRmANCE WITH THE NMS PLAN SENSES A PRIOR
4 ZONE d� !
TOWN OF NORTH ANDOVER
DISTRICT \ a L 0 T 4 N—A \ rr ZONING BYLAWs �RM APPROVED OOVVEDDBBY TE QBE
• INESS. '� \ REGUu110NS.
• N/F FOUR COMPANY LLC PLANNING BOARD Nt DATED
RESIDENTIAL ZONE \ 10.799 AC. \ 1980 Tumpike St. JULY 1995(SEE AMR PLAN
VILLAGE 470,404.4 S.F. \ /13394).
\ (3.21 All NO FURTHER BOUNDS ARE
CONTIGUOUS UPLAND) \ PROPOSED TO BE SET.NO
•a. rr. > �'�' .--� \ ) UTILITY EASEMENTS EOST
OTHER THAN QR�JS g5� \ \ \ dp \ FG
ON. THOSE sMOWN
JDOcyt\ Pp� \ rEXISTING
aIF V 49\ /� 61G TOWN ASSESSOR DATA: OWNER/APPLICANT:
R � \\ LOTT 1N-A 1080-75 3N-A 1080-75 ON HUNDRED FOURTEEN TRIIST
GARAGE FSS I S
SBURY.MA 01976
ZONE LOT 3N-A 1050-74 T MOUNT,TOY oR
LOTT 4N-A 1
0e0-53
GENERAL
EXIST. HOUSE � AL�D. %ETLAND RESOURCE AREA PATRICK C. GARNER CO., INC.
F i' \ r
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LOT WIDTH=BBS'
.f Ap' ,� TOTAL FRONTAGE=681L b. .� nY .. 109 WHITNEY STREET
^§ i Q ° f"'� TREE UNE(APPROX) NORTHBOROUGH, MASS.01532
'+ 508.393.3200 www.patdckgamer.com
ROUTE 114 —— 80' R/W APPROVAL NOT REQUIRED PLAN
LOTS i N-A THRU 4N-A
NORTH ANDOVER,MASS.
COPYRIGHT PATRICK G GARNER,2007 SCALE, i' = 50 FT.
DATE, SEPT 24, 2007 PROJECT No.
REVISIONS,DCT 09, 2007 SHEET 1
GRAPHIC SCALE DCT 11,2007 1
OF I
_--
r
j
i
IROM ON RlSTORATM AND WILDLIFE SENT AREAS:
t.The ohjecdve adNs p8ue k restore wvedards.buffeaaro,artd associated gPlands PLA TLIST FOR MLDE FE HABITAT E/YHANC.EildiE lT AREA
dhmrbed by Wranatton of water and$ewe lana,and the enhancement and reforestation of 26,500 S.F.UPLAND
�_^.� _r�. --
a wildlife htion G aro adjacent to the weterlds -. s (TT FE
2.Rasroratlon areae: f -_ del�ddi'i-�- � LEXtS11NG 6"F.M.
Wetland-Ansa to be restored to wet meadow with wet meadow vegatattom.
Ruffemo a and Uphud-Meas to be restored at bufferaone and upland meadow.
W9dRe Habitat Enhancement Area-The purpose for Including the reforestation pians Into
the design of this project is to provide increased habitat for vernal pool animals.Rocks 155
graiar then 10 an in any dimension and coarse woody debris should not be removed SEE E- "7 -- FOR tESH 'ear as ts�
from the forest floor after as k provides cover for several specks of amphiblaws.reptiles, (2•SEWER R FORCE YAan)
2
2 ds°
small mammals and lonrushmo s while addldona y mak"ning moist and cod ver.
noovdimates. and
trees that may provide wMft valve(Le.mast p►odudng tree
spades win increase small mammal diversiM should be planes in order to m lmain a 'fit /
cooler mkrodimate on the forest floor and may help Man an adaWala anima biomass to ,eTn.T
3 Prior to construction the erosion control barrfer wai be banned at do Rmk of work and
I
around stockpila areas.
4.All areas disturbed during the 1nsa0alon of lin water and sewer(inn to ban all existing PAW EIK,LAND CONSERVAITON/vtLauFe SEED m0)a � �
grades restored upon completion. FaRoving cona"on of all excavation activities,all Aden
sFar+cs FalcBir
to be seeded feta plant IsW and muldnM.
S.Upon coWlpnloa of of restoration areas,the construction entrance will be restored to k
o
sIV UTILITY EASEMENT
avrrsclg++w.swpMiWV—. +p
preconstruction condition..Original topography to be graded.Wonadded,seeded(vrith crew A-ta.
F
seed for mown lawny and mulched
6.Wildlife Enhancement Area:Planting of tree,shrubs and herbaceous plant material will 1Aur i--. "- �L__ THREE--r SEWER FCRCE txrEs
W deraby talcs place a the spring or fes.M pbwting is scheduled for tiro 7 summer Months. CORR01 wMs.w WYAW TO BE BURIED M A 2'w x 4 DEEP
supplemental watarlag ray be treaded All Planting of tan and shrubs to be done by hand, 0"r"VWW dbARa,ses.4krAW.WANO 9 7RENcK uNEs To gE Et 4•APART
No wheeed or track maWdnas to be used for Wanting M the SOMMICansm area. P"WAYW "a W4• dyoaya PMffwvW*W _ s, ON TCP OF dr PROCESSED GRAVEL
7.Plant substitution due to commerdal availability or hY*Wogkai conditions PUM ha BASE.t COMM w/MAA TAPE SILT FENCE
rprw eA4w,e P°r'°r+aP1 4
apprand by tee project wenml scientist.Only native plant maredals mauve Shag be toed. aver a°oP,H Asa.(9J„pN ie Waw 1e.M,° u
L A wetland sdatht shall be On-site to monitor CORSU tedoa of the wayand restoration and caw a e MMWbefe<apYeu eerrA+q r /
ensure compliance with the restoration plow.The wetend scientist shall Provide a pkming re s cap AeeN we.wreeris weMmw ea
repot to the Conservation Commission upon completion of the mowadon erns WrAL as ZLSOO LF.WDLIFE HABfTA
B.The restoration shall be Initiated bro ediatdY upon completion of the sewer and water ENHANCEMENT AREA
Instalatioa if extreme weather Interferes,the Commission shall be nodRed If this goal (SEE PLANT LIST)
cannot be mar.In no an shall the restoration be complead more than 10 days after find
grading. maintained at all thnas.These structures seal ts'wilra
s
10.Erosion control barriers shall be properly
should be removed aml properly disposed as soon as approved by The Prq►ea wafered /
$dentist,and no tear than Nwanber i three fun growing seasons after planting. Sediment
ludged In manner that its
oved and a EXISTING 6 F.M.
t freest barriers win be rem upland prevents
erosion bu sport to a wetland p -— -
11.Wetland monitoring:For the first two full growing seasons following completion 01`00
raemradon,The she"be monitots&Supplosommary seeding will bepafor med as
needed.Mardleft rep"by a wedand.sdknhat skill be provided Maks annua(y,in the /
spring and fell.If titer we full grew"scissors,da w4*Md rest nOD"ares blare tax
adNw%d 0%cam with wetland spades,to fadude sealed spades as won as vdunreel
spades.a plan for adleving that goal(Indudfrg additional melkw*4 will be provided
OWf1E(t1A4PLiCAPff: seA x->wY !'jl► ......... "
ONE HUNDRED FOURTEEN TR. A:O+OO-IN 04
i f
OF 1%QHT-OF-WY WITH
81 MOUNT JOY DR. N/1 ftERRY s1REET r SCOW FOW MAIN
TEW WURY, MA 01876 RExTr TRUST
° LOT 4N-A.
SINGLE FAMILY(3 HOMES)
NBMW F tt 7Rt� TAM--r SEWER FORCE LINES .�"•. ®''! ms deme
(BURIEDIN A COMMON TRENCH i saes
2'WIDE$4'DEEP) .A
E1rSnaaB 6•F.M. s
F. uA s ® T LINES
E BURIED IN m wSENN as
V 02601- TRENCH,LINES TO BE SET a APART
SINGLE FAMILY(3 HOMES) srw«s
R s s i �: PROCESSED rT
TH --2'SEWER FORCE LINES
L �
(S ED IN A COMMON TRENCH LLP./2seo-3 GARAGE
Z WOE a•DEEP) � s s
•eiA
f o�� Is
U.P.#25W-2 �o
P, N/F PROULX
PAM` EXIST. HOUSE
jEMST e'F.M. U.P.P0-1 NIF PRCULX 9 _
/ (BENCHMARIC NAIL ma POLE
r40-1.Ei-140.76) I q y�96�mEP4/
,...m PATRICK C. GARNER CO., INC. PROPOSED HOUSES &ASSOC. UTILITIES
oosnNc
GRANTY SEM MANHOLE
HYDROLOGY . RIVER ANALYSIS . WETLAND SCIENCE LOTS 1 N-A THRU 4N-A
DISCHARGE SEWER MANHOLE SOIL EVALUATION . LAND SURVEYING . PLANNING NORTH ANDOVER,MASS.
I 13U
109 WHITNEY STREET'
ROUTE 114 - - 8 0' R/W
� 3-2" F.M. TO CONNECT WITHIN RTE. 114
NORTHBOROUGH, MASS. 01 532 COPYRIGHT PATRICK C.GARNER,2007 SCALE? 1' = SO FT,
TO EXISTING GRAV. MH WITHIN R/W. 508.393.3200 www.patrickgarner.com
DATE? JULY 10, 2007 PROJECT No•nand_070
REVISIONS,AUG 21, 2007 SHEET I
� (r} OF 2
NOTES ON RESTORATION AND WILDLIFE ENHANCEMENT AREAS: PLANTLIST FOR WILDLIFE HABITAT ENHANCEMENT AREA
1.The objective of this plan Is to restore wetlands,bufferzoneAnd associated uplands
disturbed by kuY WAaa of water and sewer fines,and the enhancement and reforestation of ___, _ 26,500 S.F.UPLAND
a wildlife habitat area adjacent to the wetlands. N _ St7WIY1C NAetE ^� am sii Tcn�unNc i
2.Restoration goals: rEXISTING 6" F.M.
L. .—.
pretend-Area to be restored to wet meadow with wet meadow vegetaaton.
Buffemon o and Upland-Areas to be restored at bulferzone and upland meadow.
Wildlife Habitat Enhancement Area-The purpose for Including the reforestation plans into
the design of the project is to provide Increased habitat for vernal pool animals.Rocks - —I g r- i FOR CON71NUATION of LINE
greater than 10 an in any dimension and coarse woodr debris should not be removed - s , 7"'—`I' SEE SHIM 2 of 2
from the forest floor after ask provides cover for several specks of amphlblans,reptiles,. —} "'- 01 f_ (2'SEWER FORCE MAIN)
snag mammals and Invertebrates while addklon illy maimaming moist and cod 7 , btirow�
microeiimates.Native trees that may provide wildlife value 0.e.mast producing tree ------ a 'yam'' /
spaces will Increase small mammal diversity) should be planted in order to maintain a ----fCCLC
cooler mkrodimate on the forest floor and mar help renin an adequate anknd biomass toAhm
persist.
3. Pdor to construction the erosion control barrier will be installed at cite bait of work and
around stockpile arae.
4.All areas disturbed during the Installation of the water and sewer fins to have all existing
grades restored upon completion. Following completion*fail excavation activitles,all cress NEW ENGLAND CONSERVATION/WILDLIFE SEW NIX
sP[ert3 _ T
L U sued(see plantof NEW for mulched, a9.n„ ,,,q,,,t.�q„o„,,, : ap 10'UTILITY EASEMENT
S.upon completion of of restoration areas,the construction entrance will be restored to k — -----�--___.._. _
preconstrucdon osn didon.Original topography to be graded.topsoil added.seedeal(with use.suwseN. 9aaPeraN �j' ale_
seed for mom lawn)and mulched.
Fm,txa.rcerx vwPvai�w''""_—__1'w—
S.* Nfe Enhancement Mea:Panting of tees,shrubs and herbaceous plow material will sw vw+ ff ME—_ wawo
prefer"take piece M the spring or fall.If Plurtlng Is scheduled for the summer months. cenn9 T eNw4al rA d o.sycwce) '� THREE--Y SEWER FORM UDEEP
NES
supplemental watering maybe needed.AR Naming of trees and shrubs to be done by hand. a.9re99aw tM�a„m.vu,danasanW _ a m ttuRIEO T A 2 E x 4 PAR
No wheeled or track machines to be used for planting M the enhancement arca. r ro•rrwx.a,-,&-" W046,.x,P-sytwf(Ts TON TO OF S TO OC SET 4'MART
ON HTP;C 6'PROCESSED ORAVQ SILT FENCE
7.Pent substitutions due to commercial availability or hydrological conditions must be 'e" o•-""w''^mD 4— eASE k COVERED W/MAe TME
approved by the project wedand sdendsL Only native pent materials native shag be used alder.exeoa near 1tyNpNotrYlw„wwW �'
S.A wetland scientist shell be on-sks to monkor construction of the wetland restoration sed Nnae.o w,•-w,roa+wee,s ar,w t
ensure compliance with the restoration plan.The wethmd scientist shall provide a plantingFuacep Aso i ab«ug.Ps° `_� � FE gfFAT_ S F.
report to the Conservation Commission upon completion of the restoration areas. tore
9.The restoration shall be initiated immedetehr upon completion of the sewer and ureter 8*U%NCEMENT ARR6�a
Installation. N wwome weather hmerferes,dwCem mission shelf be notified If this goal (SEE PLANT LIST)
cannot be met.M no case shag the restoration be completed more than 10 days after final
grading.Erosion control borders shall be property maintained at all times.These structures rsi ns'wine j
�.
i should be removed and properly disposed as soon as approved by the project wetWnd
stdmtst and no kir than Novembur l three fug growing seasons after planting. Sediment /
lodged against these barriers will be removed and placed upland in a manner that prevents its
erosion and transport to awetland. CEXI511NG 6;F.M.
11.yretlaml momko ft For the flrot two fug growing seasons fdbvdng completion ofthe jr 0T'
restoration,the site shag be monitored.SMPNemerhWysaeding wig be performad as
needed.Monitoring reports by a wNknd scientist shall be provided twice annuafy,In the /
Wing and fall.If after two fug growing seasons,the wmtland restoration areas have IWC
achieved 80%cover with wetland spades,to Include seeded spades as wall as volunteer
r specles,a plan for achieving that goal Ondudfug addfponai monitoring)will be provided.
/
OWNER/APPLICANT:
/
r
A. n a
ONE HUNDRED FOURTEEN TR. °v0D INtIc°N
51 MOUNT JOY DR. N/F!#RRY 5711EET ors' FOS
TEWKSBURY, MA 01876 REALTY 7RU5T Nla'rYi`m
LOT 4N-A
ANMFM-e1T , � ,
'
SINGLE FAMILY(3 HOMES) �.'~ fir.
. - N/r BERRY STREET THREE—2'SEWER FORCE LINES . f r 9rr mr6t
REAL.7Y TRusr. \ -
(9URIEa
IN
x 4 DEEP
U.P.P503-6
EaaTHO e'F.W. '•. g® „
. i ® THREE--2'SEWER FORCE LINES GG��
�-- TO BE BURIED til A 2'W x 4'DEEP P
,Y U p 0691-4 TRENCH.LINES TO BE SET 4'MARTON
i RAVEL
BASE a COVERED W/IMAOF r GO TAPE I�
SINGLE FAMILY(3 HOMES)
THR --2'SEWER FORCE UNESi ' L
(S ED IN A COMMON TRENCH U.P.pSeo-7 GARAGE
1
2'wDE x 4'DEEP)
U.P./26139-2 N/F PROULX
PATFF'�� ` EXIST. HOUSE
C1wG e'F.M. IN POLE .—1-N/F PROUD( I - —Ci'n I.i
'
U.P. EL
/ 0-1
(004CHMARK:NAIL
140-7.1.FL;I I I 'EC,SiE^.E' r',.•
os•���N411.K0•i.'r
PATRICK C. GARNER CO., INC. PROPOSED HOUSES&ASSOC. UTILITIES
STA YhlO
rxsnx9
9RAwrr seam MANNOIE
HYDROLOGY . RIVER ANALYSIS , WETLAND SCIENCE LOTS 1 N-A THRU 4N-A
DISCHARGE SEWER MANHOLE SOIL EVALUATION . LAND SURVEYING . PLANNING NORTH ANDOVER,MASS.
1_132.0+/-
ROUTE 114 - - g�' R W 109 WHITNEY STREET
/ 3-2" F.M. TO CONNECT WITHIN RTE. 114 NORTHBOROUGH, MASS. 01532 COPYRIGHT PATRICK C.GARNER, e007 SCALE+ i' = 5o FT.
TO EXISTING GRAV. MH WITHIN R/W. 508.393.3200 www.patrickgamer.com DATEi JULY 10, 2007 PROJECT No,nnnd_07n
REVISIONS,AUG 21, 2007 SHEET 1
9�jP}
OF 2
e a
" �r^ NEV ENGLAND WETMIX., _-
SPECIES W-
FERN ST. i= r BERRY_ STREET -
---- T �
1o'UnUTY EASEMENT - ° r7p Y-
. 1 --- _ _ _ - - --_-----1s+
-` W3 .�" -.,••--- `-. ���'9arDm-a'woeneWeasus aaitu4_-'-'s„_
S I T E
,-GA atom - '3c- _ RTE. 114 LOCUS
`---"-_-
SINGLE FAMILY(3 HOMES} ! _ .� `� i 120 LOT 3 N A LOCUS
THREE--2'SEWERFOR4E LINES _
(BURIED IN A COMMON iREHCN ---
�;. erisiT'-
r WE x 4 DOM _ „F � _ � ,, 1.0 AC.
am
n1REETO BE euwEo NH A 2'W x 4'DEEP.
T APART
TINOOF 'lROAXAVIX /- _ _._�.- ! �►'�.. `\�\`\
.0•HO / w )u
\\-
BASE.&COVERED W/MAO.TAPE Bwl'
LOT N 'A r� 1B TuwD REP noN 1� - ary, #,P- :T N/F RITA HOUGHTON TECHNICAL Nom,
480 S .ft. _ _.�:_.c :` aT
1.9 1�C. _ _'O
N OREPL TION �.- .�;�. 13,1 R;ft Ise _
00 '` DITCH �'” `: •`_
IT r s WETLANDS SHOWN WERE
APPROVED BY CONCOM IN
41 ID MAY 2008. AN ISOLATED
PN WETLAND ON LOTS 2N—A &
11 / / --� // O 1' ��_ 3N-A IS
,yam /r` C' � Je TOWN-JURISDICTIONAL
BUILDINGS, ROADS &
2 S ENELMdCEfAEiPt AREA °°4 /i �- % LOT N—A - OTHER INFRA— STRUCTURE
(SEE SHEET'1 OF 2 FOR DETAILS) e1 ' T{ ``�- CO CONDOMINIUM
En
>,ro � % � 1.0 AC. corlLsoMIN1uM PRoJEcr ON
t, LOT 4N—A ARE NOT
_ °'1°3 ~ GO�r �i �, J v ly �`�- ''.i� ISEPARATE'NOI WILL BENCLUDED N THIS NOI.
FILED FOR ALL ASPECTS
tx`•iwT611� e e.° v��� J Q\ OF THE LOT 4N-A
Fx ,°e i0 j DEVELOPMENT, INCLUD-ING
aa° e@.O�l�` ` 1 ) - SEWER & WATER UTILITIES
r�s< N0 u , '°° P - / ..1 TO SERVE THE
wAcawa,�lwa, ®. EDGE OF BORDERING wt. �` :% CONDOMINIUMS.
zwxar °. VEGETATED WETLANDS j _.-.--._. ..-3 /'%• '�.�
°• �� ;i ew� .%" �� �.-.._. LOTS 1-N THRU 3—N TO
rou eaewwmx a uae ee / `✓,�, /. BE SERVED BY TOWN
sx lletTl a•s / ° if
LOT 4 N-A --
............ ____ _ ____.r �.._------�o- GRAVITY SEWER IN
aaa _ 1 „�_ •„•_ RTE. 114), &BY INDIVIDUAL
01- % _ INTERMITTENT _ - �-- WELLS.
°� f Vis► 10.8 Acres. -� � — STREAM P
. a / e
/ ewr 3T
a
C
ewv ,/ OWNEPJAFPLICANT.
/' j)
/ �;�f•_T j EXISTING BLDG. ONE HUNDRED FOURTEEN 7R.
51 MOUNT JOY DR.
TEWXSBURY,MA 01876
PATRICK C. GARNER NC.
� TABLE OF WETLAND IMPACTS N/F FOUR H COMPANY LLC CO.,T
` TOTAL LVW ON SITE,LOTS IN-4N 18,750 SQ FT. xtoxaa HYDROLOGY . RIVER ANALYSIS.WETLAND SGENCE
i' PLANTLISTS FOR WETLAND REPLICATION TOTAL IVW IMPACTED,LOTS 1 N-4N 18,750 SQ Fr. SOIL EVALUATION . LAND SURVEYING . PLANNING
v,was.tocxuAaesronfie,
ARFAMI 50005E WEMND _ TBTY T SIZE 5PAC7NG caouwNC nw i09 WHITNEY STREET
TABLE OF WETLAND REPLICATION NORTHBOROLIGH, MASS. 01532
F,HEneaeEous .' _—r15o? 731ue�-;off 1�-zs: moo , eeenec 508.393.3200 www.paMekgarnereom
WETLAtdD REPLLCATION AREA#1 5.000 SQ FT. -Ir------�
__SEED____ -- --- --i i WETLAND REPLICATION AREA#2 480 SQ Fr. Tana
throuahoue
'Cy lH<xcFeslaa8w"+ - � " 1,� - WETLAND REPLICATION AREA#3 13,100 SQ Ff. uorarw aUawausm
n
GG�� �e2_&3_ 136005E WETLAND SIZE 1 SPACING I OROUPINC --}a PROPOSED HOUSES&ASSOC.UTILITIES
�P ( ;10 " z NP9 z oc t drod,edAe. TOTAL REPLICATION 18,580 SQ Ff. LOTS iN-ATHRU 3N-A
!.i maWmmu _.: 1 '_ ._.!_ 1w -Ueeuxessr0C AT NORTH ANDOVER,MASS. '
-} �`-nea6a6FT1ewV.i
r —I- TABLE OF UPLAND RESTORATION s mae o�p
TOTAL UPLAND RESTORATION 26.500 SQ CpPyA SCALE,Fr. 1'-40 FT.
DATE, JULY:20,2007 PROJECT No.na'n4w-07a
TOTAL REPLICATION+RESTORATION Q:I> 45,060 SQ FT. RE VISIONS,Aur.22,207 � p
FIELD STONE WALL OCT M,2007 OF 2
NDfTo6CALE 13CT 02,2007
4�
Town of North Andover 'Fawn Clerk Time Stamp
ZONING BOARD OF APPEALS
Albert P. Manzi I11,1 �q Chairman
alen I'. ,1clntyre L C
�t hrnrrnan 14ORTH
l:
Richard J.Bvers I-sq. Uer O sty°D e�'V !nn77 p
)oscph D.1_aGtasse 2i3U! tt'� 0
David R.Webster
:lssa -ve,lfembery
71aon1aS D.Ippolito
Richard V. Vaillanconrt �o�� �c SMASS
i�'
Tf0 � 1 �� .J;
Daniel S. Braese,F.s9. �SSAtHuS��
FINDINGS AND DECISION
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11, 2007
PROCEDURAL HISTORY
1. On or about February 9,2005, One Hundred Fourteen Trust,51 Mount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals(Board), pursuant to G.L. c. 40B, to construct an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct"for sale" ninety-five(95) condominium dwelling units,
consisting of two structures to be called "Merrimac Condominiums" (the"Development"). As
proposed, the Development would be located on a site with approximately 14.77+/-acres of
land being Map 106D, Lots 63, 75, 74, and 44(hereinafter, the Subject Property). Portions of
the Subject Property are located in the B4, R2 and VR zoning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein, the Subject Property is proposed to
be re-divided into 4 parcels, a.)Parcel A a/k/a Lot 4N-A consisting of 10.8 acres of land with
frontage on Turnpike Street a/k/a Route 114;b)parcel B a/k/a Lot 1N-A consisting of 1.9 acres
of land with frontage on Berry Street; c.)Parcel C a/k/a Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d.)Parcel D a/k/a Lot 3N-A consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised public hearing was opened on March 8, 2005, and continued to the
following dates:
March 8,2005 Tufa is to certify that twM*(20)daYs
April 4,2005 have igalpSed fronI date of decision,flied
June 7,2005 with"flung of an appeal
March 2,2006 Octe
April 25,2006 JWN h,Otadchaw
June 8,2006 Town Chin
June 28 2006
August 10,2006
September 28,2006
November 2,2006
December 19, 2006
January 23, 2007
March 13,2007
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.corn
t
T
March 29,2007
April 10,2007
May 3,2007
May 9,2007
June 12,2007
June 28,2007
3. The public hearing was terminated on June 28, 2007. The Board discussed the decision and
the requested waivers during the meetings of August 30, September 6, and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
5. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is or will become a "limited dividend corporation" as that term is used in G.L.
c. 40B, s. 21 and 760 CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 31, 2005 pursuant to its Housing Starts Program and New
England Fund Programs.
C) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01,
by virtue of the deed dated November 3, 1994, and recorded at the Essex County
Registry of Deeds at Book 4158,Page 216.
7. The Town of North Andover, according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 10%percent of the total number of dwelling units nor is 1.5%of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Vanasse, Hangen Brustlin, Inc., Watertown, MA
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Mark Bobrowski, Concord, MA
Pro Forma: MHJ Associates, Brookline, MA
9. The proposed development was reviewed by the following municipal officers or
departments:
. 4
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein,the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two (52)homeownership dwelling units,consisting
of three(3) single family homes and forty-nine (49)condominium units, with associated
infrastructure and improvements, subject to the following conditions. The term "Applicant" as
set forth herein shall mean the Applicant, its heirs, successors,transferees, and assigns. The
term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C.Garner, R.P.L.S.#32661, 1 of 7 Multi-Family Units, 3/22/07
Patrick C.Garner,Company, Inc., 109 49—Chap.40B Residences,
Whitney Street,Northborough,Mass. North Andover, Mass.
Patrick C.Garner, R.P.L.S. #32661, 2 of 7 Building Layout Plan 3/22/07
Patrick C.Garner,Company,Inca 49-Chap.40B Residences, 3/26/07
North Andover,Mass. 4/6/07
Patrick C.Garner,R.P.L.S.#32661, 3 of 7 Building Layout Plan 3/22/07
Patrick C.Garner,Company,Inc. 49-Chap.40B Residences,
North Andover,Mass.
Patrick C.Garner, R.P.L.S. #32661, 4 of 7 Drainage&Util. Plan 3/22/07
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C.Garner,R.P.L.S.#32661, 5 of 7 Drainage& Util. Plan 3/22/07
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences, 4/6/07
North Andover, Mass.
2005-003-Page 3
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Patrick C. Garner, R.P.L.S. #32661, 6 of 7 Landscaping Plan 3/22/07
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences, 4/6/07
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 7 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company,Inc. 49—Chap.40B Residences,
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner, Company,Inc. Lots IN-A'thru 4N-A, Aug 9,2006
North Andover, Mass. 3/26/07
David M. Crawley, Registered A1.01 The Merrimac Condominiums, January 15,2007
Architect#1082,David M. Rte 114 St., 1/23/07
Crawley Assoc., Inc.,South North Andover
Office 25 Sandwich St., Floor Plans Typical Units
Plymouth, MA 02360,North
Office,39 Adams St.,Acton,
MA 01720
David M. Crawley,Registered A2.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Floor Plans Typical Units
David M.Crawley,Registered A3.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Fiveplex Plan& Elevations
David M. Crawley, Registered Typical Building Cross Section January 15,2007
Architect#1082
2. The Development shall be limited to fifty-two dwelling units on four separate parcels. On
Parcel A, the Applicant shall locate not more than forty-nine attached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. On Parcels B, C and D each,the
Applicant shall locate not more than one single family home containing not more than 4
bedrooms per home.
3. Twenty five percent(25%)of the dwelling units, which, as proposed, is thirteen(13) of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent(80%) of the median household income for the Lawrence
PMSA, or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent (70%) of the median household income in the Lawrence PMSA, adjusted for household
size, with a five percent(5%) down payment used to calculate such price. If the Development
is funded by the New England Fund of the Federal Home Loan Bank of Boston,pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale of seventy percent 70% of the
( )
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time buyers and who are either(a)persons who have made their primary residence in North
Andover; and (b) employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the
T
Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located within Parcel A, the
Applicant shall prepare the final draft of a Regulatory Agreement,and a Deed Rider and submit
same to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of;the Town, such determination
and execution shall be completed and communicated to the Applicant in writing, specifying any
objections, within sixty-five(65)days of the Applicant's submission of its proposed documents.
The form of Deed Rider to be used is the so-called Universal Died Rider, which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a lender. Such idocument(s) shall contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent(80%)of the median household income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent(70%) of the median household income in the
Lawrence PMSA, adjusted for household size, with a five percent(5%)down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Units shall be owner-occupied only;provided,however, that the
Board may authorize the temporary rental of such unit at a price affordable to a
household earning not more than 80%of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the like.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and D, the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 41, s. 81 P in order to create Parcels A, B, C and D. The Board shall complete
such review and endorsement within forty five(45)days of the submission of said plan. The
Applicant shall then promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate of occupancy,the Applicant shall enter into a
Monitoring Agreement, approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shall notify the Building Commissioner, in
2005-003-Page 5
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writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain the following terms:
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. The market rate, single-family units to be located within Parcels B, C and D are excluded
for purposes of this provision.
8. During construction,the Applicant shall conform with all local,state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the generalarea. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond
6:00 p.m; provided, however,that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s)to its consultants and/or Town boards and officials for a written
recommendation or report.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
£ Utilities plan including water,hydrants, gas, electric, cable, and telephone;
g. Signage plan, including signs during the marketing phase;
t
h. Stormwater management plan;
i. Open space and recreation plan;
J. Snow storage and refuse disposal plan;
k. Cutting plan, showing the limits of clearing;
1. Fire sprinkler plan;
m. Construction management plan.
The Board shall make such determination and communicate same to the Applicant in writing,
specifying any objections,within seventy five (75) days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. Except as waived, all signage, including signs to promote sales, shall comply with the
Zoning By-law and shall be maintained in a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A brick wall, eight(8) feet in height, shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived, with the standards of the
Planning Board's Subdivision Rules and Regulations.
f. An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires, that the following aspects of
the Development on Parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever,any legal responsibility for operation,
maintenance, repair or replacement of same:
All roadways and parking areas
Storm water management facilities, including detention basins
Snow plowing
2005-003-Page 7
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Landscaping
Trash removal
Street lighting
Building repair and maintenance
Water and sewer services beyond the individual meter pits
12. The roadway within the Development shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall be responsible for the installation, operation, and maintenance of all
aspects of the common or private facilities on Parcel A set forth above until the final dwelling
unit is conveyed. Thereafter, such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association,the Applicant shall provide written evidence to the
Board that a reserve of two months has been established to fund maintenance and operation. In
the event that a management company is engaged, the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. Prior to the issuance of any certificate of occupancy on Parcel A, the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall be required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution thereof. The Board's legal
counsel shall approve such document as to form after determining that the document is
consistent with this decision, such determination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies, within thirty(30)days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the stormwater management system on Parcel A subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents of the Unit
Owners Association. In the event a management company is engaged,the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain the on-site
wastewater disposal system on Parcel A in accordance with applicable guidelines for operation
and maintenance, the Town may conduct such emergency maintenance or repairs, and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the event the Town conducts such maintenance or repairs,the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town, the Town may place a lien on the Development or any unit
therein to secure such payment, excluding Parcels B, C and D.
17. All invoices generated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town Clerk, whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have beenaid in
p . full; unless agreed to by and between the Applicant and
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment.
19. A preconstruction conference with town departments shall be held prior to the
commencement of construction:
a. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision, "commencement
of construction" shall occur when the clearing and grubbing(removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice,to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any
order of the Department of Environmental Protection(DEP), either if applicable, regarding this
property, shall be made a part of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may be approved by the
Conservation Commission or the DEP,the Applicant shall submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP(if applicable) for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or in hand at a regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shall include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
I
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided, reasonably acceptable to the Board, to ensure the
completion of such improvements. The choice of performance guarantee shall be governed by
the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the Board's legal counsel. The Board shall
notify the Building Commissioner,in writing, of such completion or performance guarantee.
2005-003-Page 9
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23. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24. In determining the amount of the bond or surety, the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work plus
b. a ten percent margin of error;plus
c. an appropriate rate of inflation over a five year period.
25. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants,agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages.
26. The Applicant shall provide an "as-built" plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant shall
provide a separate as-built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[28. Reserved]
29. The following conditions were recommended by the Board's consulting traffic engineers,
JNEI, Inc., and shall be required:
* Install a Stop sign and paint a Stop line on the site driveway;
* Install overhead lighting at the site driveway and Route 114;
* Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
* Install intersection warning signs along Route 114 in advance of the site driveway;
* Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
30. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates, and shall be required:
* The Final Design Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal high groundwater. Sufficient soil testing performed by a Massachusetts
Certified Soil Evaluator shall be included.
* The Final Design Plans shall eliminate driveway conflicts exist between units F3 and H1
and provide ample turning radius for cars in the area of units C2 and D4.
* Final Design Plans shall depict all proposed decks, rails and stairs at the front, rear and
sides of all units.
* The Board finds the submission is not fully comply with the requirements of 760 CMR
31.02. The Applicant has requested the Board act based on the reduced project
"concept"plans. The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stormwater
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 2, 10 and 100 year
24-hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
* The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03,possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03 in review of the Final Plans.
* The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
* The ZBA's engineer shall approve the maintenance schedule for the storm water system.
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
* The Applicant shall obtain a National Pollution Discharge Elimination System(NPDES)
Permit from the United States Environmental Protection Agency (EPA).
* Final grading of the site shall not direct additional runoff onto the property of others.
This project shall not increase the rate of runoff,not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant to assure
2005-003-Page 11
i
compliance with this condition. The project applicant/owner shall be solely liable for
any damage to other properties as a result of this construction.
* The location of all utilities, including but not limited to underground electric,telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
* A State Highway Access Permit shall be obtained from MassHighway prior to any work
or excavation within Route 114.
* A STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
* Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and MHD
standards.
* Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
* Garages shall be used for parking of vehicles and shall not be converted to living space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel.
* If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty (30)days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Upon review by the Board, the applicant my request in writing the Final Occupancy
Permit.
* Not more than thirty days prior to need for the Final Occupancy permit, the applicant
shall submit with their request for a Certificate of Compliance, an affidavit prepared by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts,stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans, based upon an on-site
inspection and the referenced site plan. An as-built drawing,prepared by a Professional
Land Surveyor or Professional Engineer,registered in the Commonwealth of
Massachusetts, and depicting the final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
"l
b
32. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth
of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan showing not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit Owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure
compliance with this condition. This condition shall be enforced by the Police Department.
35. All of the Affordable Units shall have the same package of garage, appliances, fittings, and
fixtures as the base package for the market rate units.
36. The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
39. Prior to issuance of each certificate of occupancy for a market rate dwelling unit,the
Applicant shall provide the sum of five thousand dollars ($5,000.00) to the Town, pursuant to
G.L. c. 44, s. 53A, or G.L. c. 40, s. 5B, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand($195,000.00)dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
40. The Applicant has requested, and the Boardhasgranted, the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project, that additional waivers, not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
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2005-003-Page 13
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2007 SEP 19 PrI 4: 10
A,�fir}r�
N C.Riii
i
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Thomas D. Ippolito, the Zoning
Board of Appeals voted 4-1,with the Chairman voting in opposition,to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2007 meeting:
Albert P. Manzi III Esq Chairman _
d
Ellen P. McIntyre, Vice Chairman
Joseph D. LaGrasse Member
1;�Wu LOCO
Thomas D. Ippolito, Associate Member '
Richard M. Vaillancourt Associate Memb
Filed with the Town Clerk on_Z,4A� /9 ' � , 2007.
2005-003 -Page 14
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
Pre-vleeting- Thomas R. Gleason,Executive Letter notifying site approval,with requirements and 1-31-05
1. Director, Municipality issues about the proposed 40$ I
fo 3-8-05 One Hundred Fourteen Trust, Affordable Housing Proposal—Merrimac Town Clerk
2. 51 Mount Joy Drive 2
} Condominiums l List of Documents,s O2-9-05
e t � BOA
Tewksbury,MA Application[Comprehensive Permit],3)Project
Eligibility,4)Site Control,5)Tabular Data,6)Plans,
_ Miscellaneous _
3. Susan Sawyer,Public Health Memorandum responding to ZBA 2-10-05 memo 2-11-05
Director,North Andover requesting Board'Department concerns&attached Board
of Health dum ster regulations
4. T North Andover Zoning Board Legal notice[Parcel 63= 10,03 ac.,95 units] Town Clerk
of Appeals(NA ZBA _ 2-11-05
5. Atty.Thomas J.Urbelis,Town Letter responding to ZBA 2-10-05 request 2-15-05
_ Counsel
6. Chief William V.Dolan,NA Letter and e-mail response to ZBA 2-10-05 request 3-1-05
Fire Department
7. Mark Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1-05
NA ZBA 2-I0-05
8. T One Hundred Fourteen Trust Update March 2,2005 Affordable Housing Proposal 1) i 3-2-05
Waivers revised,2)Permits on hand,3)Curriculum
Vitae
9. ! Dermot J,Kelly Associates, Traffic Impact&Access Study 3-2-05
I Inc.
280 Main Street North
Reading,MA
10. Alison McKay,NA Memorandum response to ZBA 2-10-05 3-3-05
Conservation Administrator
11. Jack Sullivan,Director of Memorandum to ZBA 2-10-05 3-3-04
_
Engineering,NA DPW
12. Lincoln Daley,NA Town E-mail response to ZBA 2-10-05 3-4-05
Planner
To 4-4-05 L.t.John Carney,NA Police Memorandum response to ZBA 2-10-05 3-16-05
13. De t.
�14. Nathalie. Wiles,89 Windsor Letter to Neighbors and Abutters,3-14-05, 1)North Rec'd
Lane Andover clipping of 34-05,2)Letter excerpt,3)40 3-28-05
signatures
15. One Hundred Fourteen Trust Update April 4,2005 Affordable Housing Proposal 1) 3-30-05
Response to comments,2)Waivers updated 3)Site plans
updated
To 6-7-05 Ellen P. McIntyre,Chair, Letter to Heidi Griffin,Director,NA Community 4-13-05
�16. North Andover Zoning Board Development re: 10.03 acres vs 14.77 acres.
� of A peals
17.. Atty. Donald F.Borenstein, Letter to Sarah Hal), MassHousmg re:Entirety of 4-13-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 Chestnut St., the proposed project.
_Andover,MA
is. Nathalie Wiles,89 Windsor Further 17 signatures for 3-14-05 petition 4-29.05
Lane ^�
19. � NA Conservation Commission Order of Conditions for Map 106D,Parcel 635-3-05
5-3-OS`�
...J
Exhibit B Documents-2005-003-Page 1
CA
co i
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
20. One Hundred Fourteen Trust A.Revised application,Special Permit form pages 2&3 5-5-05
adding parcels 44,74,&75,and changing acreage from
I
10.03 to l4. 77, acres.
B. Plan of Land,Lots IN,2N,3N,and 4N Berry Street
and Route 114,North Andover,Mass.Plan Date 8/23,96,
Planning Board Approval under Subdivision Control,
meeting held on 1,19/99,NERD Plan#13394 dated f
February 2, 1999.
C.Assessor's map 106D dated 6-5-0 1,with added 3
parcels indicated.
21. J�Atty.Donald F. Borenstein Cover letter for the MassHousing model Regulatory — 5-6-05
Agreement,Deed Rider,and Monitoring Services
—Agreement
22. ' North Andover Zoning Board Amended legal notice adding 3 Berry Street parcels. Town Clerk
of Appeals ii Now 40B is Map I06.1),Parcels 63,44,74,&75= 5-13-05
f 14.77 ac. for 95 units
23. William M. Hickey,328 I.New information on the 40B development on Rt. 114 6-2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
Troubling Questions pp 1-5,5-27-05. 3. E-mail Atty.
Borenstein&plan,revised boundaries 4-6-05. 4. Letter
I to Sarah Hall,MassHousing re Town response 9-10-04.
5. MassHousing Application letter &information 6-29-
04.6.Housing Starts Project Eligibility Application.7.
Resume,Tab J[of application package].8-15. 8 sheets of
black&white site pictures.
24. _ i One Hundred Fourteen Trust An Update June 7,2005 booklet. A.The Merrimac 6-2-05
Condominiums Sheet 1 of 2 5-27-05.B.The Merrimac
Condominiums Parking Sheet l of 1 5-27-05.C.Site
Lighting Pian.SL-I 5-27-05.D.Berry Street Proposed
Improvements Sheet I of 15-27-05.E.Dermot J.Kelly
Associates,Inc. Traffic!Tpact&Access Stud 5.31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet I of 2 rev.6-6- Rec'd.
05.B.The Merrimac Condominiums Parking Sheet I of 6-7-05
1,rev.6-6-05.C.Site Lighting Plan SL-1,rev.6-6-05.
D.Berry Street Proposed Improvements Sheet I of 1,
rev. 6-6.05
26. One Hundred Fourteen Trust Typical Section—Building A,3 pages. [Full elevation, Rec'd.
Garage elevation,Floorplan]no date 6-7-05
1227, One Hundred Fourteen Trust Typical Section—Building B,2 pages.[Garage Rec'd.
_ elevation,Floorplan) 6-7-05
X28. David M.Crawley Associates Mass State Building Code Analysis Rec'd.
Inc.,North Office,4 School 6-7-05
St.,Acton,MA
To 3-2-06 Stephan Hauville,Unit 1 & Letter requesting perimeter fence between 1980 6-7-05
29. Tom Diorio,Unit 3, 1980 Turnpike Street and 40B property.
Turnpike Street _
30. Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-05
Partnership Committee Condominiums,4-22-05
Exhibit B Documents-2005-003 -Page 2
Merrimac Condominiums Exhibit I3
Item No. Document From Contents/Notes Item Date
j 32. One Hundred Fourteen Trust r An update July 12,2005 booklet.'1)Letter responding to Rec'd 7-6-05
June 7,2005 questions,2)Tabular Data[3 p.],Amended
I Order of Conditions,5/3.'2005,3)undated e-mail to
Heidi Griffin Jack'
�Byerley from Chief Dolan re: the
proposed building on Rte 114,4)David M.Crawley
il Assoc. Inc.Architects-The Merrimac Condominiums
7,6/05,Building A Floor Plans Al-.00,A1.01,Elevations
A2.01,A3.01,Building Section A4.01,Building BFloor
Plan A5.00,Floor Plans A5A1,Elevations A6.01,
Building A7.01,6)DJK Curbcut Permit Plan,04/05/05,
33. Patrick C.Garner,Patrick C. A)The Merrimac Condominiums,Route 114,North Recd 7-6-05
Garner,Company,Inc., 109 1 Andover,Mass.5/27/05,6/6/05,7x'1/05,sheet 1 of 2,B)
Whitney Street,Northborough, ' The Merrimac Condominiums Parking,North Side of
Mass.01 532&Kanayo Lala, Route 114,North Andover,Massachusetts May 27,
Professional Engineer,Four 2005,6/6/05,7/01/05 sheet I of 1"
West Road,West Actor,MA
01720
34. Patrick C.Garner,Patrick C. C)Berry Street Proposed Improvements Sheet I of 1 Recd 7-6-05
_ Garner,Company,Inc., May 27 2005,revisions July 1,2005:
35. Patrick C.Garner,Patrick C. D)The Merrimac Condominiums Site-Lighting,North Recd 7-6-05
Garner,Company,Inc.,& Side of Route 114,03/08,05,E)The Merrimac
Kanayo Lala,Professional Condominiums Site-Lighting,North Side of Route 114
Engineer a Be Street,07/_05/05
36. David M.Crawley Associates The Merrimac Condominiums,Rte 114&Berry St, Rec'd 7-6-05
Inc. North Andover,MA,Floor Plans,7/05/05,sheets S-A.1,
S-B.1,S-ABI
37. MINCO Corporation,231 A Fiscal Impact Sturdy prepared for One Hundred 7-5-05
Sutton Street,North Andover, Fourteen Trust,27 p.&`Addendum I Profit Analysis
MA Provided by Client&Addendum it Scenario 2
Number of Students at Breakeven
38. Timothy B. McIntosh,P.E., Review of Merrimac Condominiums application 7-11-05
J Vanasse Hangen Bntstlin,Inc.,
1101 Walnut Street,
Watertown,MA
39. P.L.Hingorani,Trustee,One Letter requesting working session with a Subcommittee 7-12-05
Ilundred Fourteen Trust of the board.
40. One Hundred Fourteen Trust A.Offer Alternates to North Andover ZBA,B.Alternate 8-25-05
1 The Merrimac Condominiums Parking,May 27,2005,
6/06105,7/01/05,Alt.8/22-05,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
6!06/05,7/01/05,Alt. 8/22-05
41. NA ZBA Memo to Peter Hingorani on first response to the 8-22- 9-8-05
05 drawings_
42. One Hundred Fourteen Trust e-mail describing alternatives 1 through 5,with 3 PDF 1-23-06
attachments: Alternate#3 -Patrick C.Garner,Patrick C.
Garner,Company,Inc.,64- Chap.40B Residences,
North Andover,;Mass.Jan. 12,2006,Alternate#4--[96]
Proposed Multi-Family Units,Jan.07,2006,
Alternative#5-112 Multifamily Units,Jan. 10,2006,
,
and I CAD
4r 3. Patrick C. Garner,Patrick C. Single&Multi-Family Units,56-Chap.40B Rec'd
Garner,Company,Inc., 109 1 Residences North Andover,Mass.,0 Patrick C.Garner 2-23-06
Whitney Street,Northborough, 2005,Feb. 20,2006,Feb. 22,2006,
Mass,-015-32--
Exhibit
ass, 01532Exhibit B-Documents-2005-003 Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Nates Item Date
4r 4. NA ZBA Legal notice hearing continues 3-2-06&56 units down T Town Clerk
from 951 2-24-06
5 1 Lt.Andrew Melnikas, NA FD e-mail:Plan needs more detail,i.e. Hydrants& 2-28-06
s rinklers
46. Lt. Andrew' cInikas,NA 1D e-mail 3-1-09 meeting result: residential sprinklers& 3-I-06
hydrants every 500',FD can accept 18' roadway
47. .Alison McKay,NA Memo re: 56 Single& Multi-family concerns about 3-1-06
I Conservation Administrator bridge,building setbacks from wetlands,trail,&
ra osed_ARAD
48. North Andover Housing Criteria for Measuring the Appropriateness of Chapter 3-2-06
Partnership Committee 40B Projects,61'1/04
49. One Hundred Fourteen Trust Letter and charts re: Replace the two,5 story buildings 3-2-06
(with parking under)...with 56 3-bedroom,single&
multi&remove 1N,2N,and 3N from the application.,.
4-25.06 Comm. of Mas,. Superior Summons:Keeper of Records all documents re: 3-6-06
50. Court,Civil Action No. Variance dated 4-11-01
ESCV2002-01931
51. Patrick C. Garner,Patrick C. Single&Multi-Family Units 56 Chap.40B Residences 3-14-06
Garner,Company,Inc. North Andover,Mass. ,Mar. 14,2006,Sheet i of 1
52. One Hundred Fourteen Trust e-mail Excel worksheets: 1)Build cost$per SF- Inner 3-29-06
&End units,3/24/2006;2)Discounted Cash Flow
i Analysis 3-19-06;4)Proforma 3-23-06;5)ZBA$Per
SF Builders Cost 3/192006
53. One Hundred Fourteen Trust I An Update April 25,2006 Affordable Housing Proposal: Rec'd 4-18-
1)Kathleen M.Burns,MassHousing letter April 12, 06
2006 PE-267 Project Eligibility(Site Approval),2)
ArchitectuMs[5 drawings dated 3/3/06,3/17/06&n.d.],
3)Dermot J.Kelly Associates,Inc.April 14,2006
response to-VHB July 11,2005 report[13 pages],4)
Profotma3=23-06[11 pages]5)Waivers 6)Patrick C.
Garner Co.,Inc.-Single&Multi-Family Units,56
Chap.40B Residences North Andover,Mass.,Mar. 14,
2006,May 4,2006,May 30,2006,sheets 14,7)Patrick
C.Garner Co.,Inc. Plan for ANRAD Lots 1-N tiro 4-
N,
N,3-8-06,rev.,4-18-06,5-8-06,5-10-06 sheet 1 of 1,8) i
DJK Route 114 Curbcut Permit Plan#457,3/15/06,sheet
I of 1.
54. North Andover Housing Criteria for Measuring the Appropriateness of Chapter Recd
Partnership Committee 40B Projects,6/1/04 4-25-06
Exhibit B -Documents-2005-003 Page 4
Merrimac Condominiums Exhibit B
Item No, Document From Contents/Notes Item Date
To 6-28-06 1 One Hundred Fourteen Trust An Update June 8,2006 Affordable Housing Proposal: Ree'd
55. 1)Patrick C.Garner Co.,Inc.-Single& Multi-Family 5-30-06
Units,56 --Chap.40B Residences North Andover,
Mass.,Mar, 14,2006,May 4,2006,May 30,2006,
sheets 1-4&Proposed ANR Plan,Lots IN-A thru 3N-A,
May 30,2006 2)Patrick C.Garner Co.,Inc. -Plan for
ANRAD Lots 1-N thru 4-N,3-8-06,rev.,4-18-06,5-8-
06,5-10-06 sheet I of l;3)David M.Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5,'26x06,
A1.01,A2.01,Front Elevations,4/25/06 A3.01,
Elevations 5i26i06,A4.01;4)NA Conservation
Commission,Order of Resource Area Delineation,
5;25106;5)Waiver s[requested];6)Proforma 5-22-06&
6)Kanayo Lala 21-May-06-Preliminary Bid based on
Plans dated 5/11;06 7);7)DJK letter requesting
MassIlighway application curbcut 5.22-06,8)DJK
j Route 114 Curbeut Permit Plan#457,3/15/06,sheet 1 of
I.
To 8-10-06 One Hundred Fourteen Trust An Update June 8,2006,duplicate of above Rec'd 7-5-06
56,
57. Ellen P.McIntyre,Chair, Request Town Boards/Departments response to update 7-6-06
NAZBA June 8,2006
58. ! Susan Sawyer,NA Health Response to Update 6-8-06 pamphlet;on sewer=no 7-10-06
Administrator Health Jurisdiction
59. William V.Dolan,Chief,NA Response to Update 6-8-06;density of the structures;all 7-10-06
FD units should be sprinkled;some must be
60. Patricia A. Leavenworth,P.E., Letter to Dermot J.Kelly re: Merrimac Condominium 5-30-06
District Highway Director, curbcut onto State route 125,Turnpike Street
MassHi hwa
6L
George F. Koehler,Chair, Letter to Peter(Pribhu)L.Hingorani requesting 6-9-06
North Andover Housing inclusion of play areas for children of 3 BR_
Partnershi Committee
development,
62. Curt Bellavance,Director, Memo to Board of Selectmen re: site located on 7-21-06
Community Development Turnpike Street
63. Alison McKay,NA Merrimack Condominiums Berry Street/Turnpike 8-3-06
Conservation Commission Street,Applicant-One Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64 Douglas C.Prentiss,P,E., JNEI Project 6139,Traffic Peer Review,Merrimac 84-06
P.T.O.E.,Judith Nitsch Condominiums 40B,Turnpike Street(Route 114)[1")
Engineering,Inc., 186 Lincoln
Street,Suite 22,Boston,MA
65. Patrick C.Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,Route 7-27-06
Garner,Company,Inc. 124,North Andover,July 27,2006[4 pages] &26
_
August,2998 132a es+ 133,1341,received 8-8-06
66. Patrick C.Garner,Patrick C. Cover letter to Joseph D.Peznola,PE re:Hydrology, 7-28-06
Garner,Com an ,Inc. I Merrimac Condominiums received 8-8-06
67. +Patrick C.Garner,Patrick C. 1 Patrick C.Gamer Co., Inca-Single&Multi-Family Rec'd 8-8-06
Garner,Company,Inc. Units,56—Chap.40B Residences,North Andover,
Mass.,July 27,2006,sheets 1,2,3,4 of 8;Pre-&Post-
Watersheds,Sheet 5 of 8,Utility&Drainage Sheet,
1 sheets 6,7,8 of 8 `
68. Lincoln Daley,NA Town Planning Board preliminary review Merrimac ( Rec'd.
Planner + Condominium 40B project(3 pages] 8-9-06 I
Exhibit B-Documents-.1005-003 Page 5
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
69. Dermot 1, Kelly Associates, August 10,2006 Response to Traffic Peer Review 8-10-06
Inc. i Memorandum, 1 I pages,&Appendices: 1)Nitsch
Traffic Peer Review 8-4-06,7 pages,2)Accident Data
and Accident Rate Calculations,3)Background trip
generation,4)Level of Service Analysis,&5)The
March 16,2006 North Andover Fire Department If
comment memorandum and the July 10,2006 North
Andover Fire Department comment letter.
To 9-28-06 NA Board of Selectmen Merrimac Condominium Comprehensive Permit i 8-14-06
70. [comments]recommending Board not waive regulatory i
_ boards and commissions right to review...
71. Joseph D.Peznola,P.E., Engineering Peer Review,The Merrimac Condominiums 8-28-06
Hancock Associates,28 Lord
Road,Suite 280,Marlboro,
MA
72. v+Lt.John Carney,NA PD Police review:2 concerns,street lighting& 18' wide 9-11-06
roadways vs.guest parking.
73. Eugene P. Willis,P.E., Merrimac Condominiums 40B ...traffic review;concurs 9-20-06
Director of Engineering,NA with Nitsch Engineering report August 4,2006,
DPW_ specifically,the LOS analysis
74. Dermot J. Kelly Associates, DJK&Proponent's answer to JNEI Traffic Peer Review 9-21-06
Inc.
75. Patrick C.Garner Company,` Hancock Engineering Peer Review[response] 9-21-06
Inc.
76. One Hundred Fourteen Trust "An Update[to]September 28,2006"
1)Patrick Garner response to Con Com&Planning 8-14-06
Board. 2)Patrick Garner response to Hancock 9-22-06
Engineering Hydrology Comments 3)One Hundred
Fourteen Trust Tabular Data[2 pages]4)Patrick C. 9-22-06
Garner Co.,Inc.—Single&Multi-Family Units,56—
Chap.40B Residences,North Andover,Mass.,July 27,
2006,Sept 20,2006,Sept 22,2006,sheets 1,2,3,4 of 8;
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
DrainMe Sheet,sheets 6,7,8 of 8,
77. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 9-27-06
Judith Nitsch Engineering, Condominiums[2"d]
Inc.
78. Joseph D.Peznola,P.E., Engineering Peer Review,Second Review,The 9-28-06
Hancock Associates Merrimac Condominiums
To 11-2-06 Joseph D. Peznola,P.E., Engineering Peer Review Third Review,The Merrimac 10-26-06
79. Hancock Associates Condominiums
Exhibit B -Documents-2005-003 -Page 6
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
80. One Hundred Fourteen Trust An Update November.,2006: 1) Faxed response of NA Rec'd
I
Public Schools,location of bus shelter 10/24106;2) 10-2',-06
I Response to Joseph Peznola peer review 9-26-06;3) L
David C.Crawley, Typical Building Cross Section,Floor
P tans A 1.01 &A2.01,Front Elevations A3.41,
Elevations A4,01,4-2?-06 4)Waivers,5)Proforma 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA;6)Kanayo Lala 10/25i2006 Preliminary Bid based
I on Plans dated 10/20/06 7);Dermot J.Kelly cover letter
&Appendix A. DJK Letter to MassHighway 5-22-06,B.
MassHighway to DJK 5-30-06&C.fire emergency
vehicle graphics SU-30 accessing units 5,7,&55,
I I 10-'24106,[3 sheets] 7 8)Patrick C.Garner Co.,Inc.—
Single&Multi-Family Units,56—Chap.40B
Residences,North Andover,Mass.,July 27,2006,Sept
20,2006,Sept 22,2006,Oct 17,2006,sheets 1,2,3,4 of
8;Pre-&Post-Watersheds,-Sheet 5 of 8,Utility&
Drainage Sheet,sheets 6,7,8 of 8.
81. Michael H. Jacobs,Michael 1)Merrimac Condominiums Financial Analysis,North 10-27-06
Jacobs MHJ Associates,41 Andover Zoning Board of Appeals,4 pages,2)Base Pro
Coolidge Street,Brookline, Forma 13 pages],3)Adjusted Pro Forma[2 pages]
MA
82. Douglas C. Prentiss,P.E., j Traffic Peer Review [update] 11-1-06
Judith Nitsch Engineering,
Inc.
To 12-1.9-06 One Hundred Fourteen Trust Letter to Michael Jacobs re:Draft Pro Forma eliminating 11-9-06
83. 7 townhouse units&adding three single-family houses
on Berry Street[on N1,N2,&N3 [MI06.DP44,74,
&75
84. One Hundred Fourteen Tmst Proforma 49+3 11/13/06
85. bllen P. McIntyre,Chair,NA Memo inviting Conservation Commission to 12-19-06 11-15-06
Z.BA
86. Patrick C. Garner Company, Village Concept,Version 213&Version 2C,Single& 12-15-06
Inc. Multi-Family Units,56-Chap.40B Residences,North
Andover,Mass.,July 27,2006,Sept 20,2006,Sept 22,
2006,Oct 17,2006, 12/07/06, 12/11/06, 12/12/06,
12/14/06
87, Atty. Donald F.Borenstein - Letter requesting 12-19.06 be continued to 1-16 or 18-07 Town Clerk
Johnson&Borenstein, 12 12-26-06
�T Chestnut Street,Andover,MA
Exhibit B—Documents-2005-003 -Page 7
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 1-23-07 One Hundred Fourteen Trust An update January 23,2007[52 units;49 3] 1)David 1-16-07
88. M
Crawley,Registered Architect#1082- Typical Front
Elevation Five Unit Complex J1 45,5 Unit Complex J1-
J5,first floor pian,Typical unit AA,BB first&second
floor plans,Typical unit CC,DD first& second floor
plans,Typical Double Unit EE first,second,third floor 4
pians,Typical Building Cross Section,[6 p.],January
15,2007 2)Houses on Berry Street,Integrity Design,
498 Great Road,Acton,MA Owner.Builder Trust f�
Development,Plan 2 Federal;[8 pages]Grafton,MA
November 2,2006 0 2006 3)Proforma,4)Waivers,5)
Plans,6)DeimottJ.Kelly-Letter 1-12-07 to D.
Prentiss,7)DJK Route 114 Curbeut Permit Plan
01/10/07&Patrick C. Garner=Multi-Family Units 49-
Chap.40B Units 1/05/07, 1/09/07 1-3 sheets,Patrick C.
Garner-Landscape Plans,49-Chap.40B Units, 1-2
_ sheets,n.d.
89. NA ZBA NA ZBA&Conservation Commission meeting notice Town Clerk
1-18-07
To 3-13-07 Patrick C.Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units, 2-23-07
90. 1 Garner,Company,Inca Route 114,North Andover,[10 p.],88 pages,July 27,
2006,R 2/23/07
91. , One Hundred Fourteen Trust An Update March 13,2007 10 1)Proforma 04-Mar-07, Recd
2)David C.Crawley, 8-1/2x11 ofbelow,3)DJK Route 3-13-07
114 Curbcut Permit Plan 34-07&4)Patrick C. Garner-
Muhi-family units 49 40B Units 2-23-07 sheets 1-7,
Watershed Areas 2-23-07sheet 1,5)David M.Crawley-
Floor Plans 1-23-07 A1.01 &A2.01 &Fiveplex Plan&
Elevations,A3.01,6)Patrick C.Garner-Proposed ANR
Plan Lots 1 N-A thru 4N-A,May 30,2006,rev.Aug-9,
2006 sheet T
To 3-29-07 Susan Sawyer,NA Public Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
92. 1 Health Director Update"show on site dum stern if private trash disposal.
93. One Hundred Fourteen Trust e-mail&attached 3-22 Proforma&3-23-07 letter to M. 3-23-07
Jacobs
94. Timothy 1. Willett&Eugene Response to 3-13-07 One Hundred Fourteen Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One hundred Fourteen Trust An Update April 10,2007,Affordable Housing 3-27-07
95• Proposal: l)Proforma,2)Kanayu Lala-Engineering
Estimate,3)Zoning Chart,Zoning District(134 for lot
#N4)4)Proposal Meets the Following Criteria of the
Zoning Bylaw[3 pages],5)Waivers,Permits and
Exemptions to Town of No.Andover By-Laws and
Rules and Regulations,7 pages,6)Patrick C.Garner-
Typical Roadway Section 10-16-06,7)Patrick C.Garner
Watershed Areas 3-22-07,Sheet 1,-Patrick C.Garner
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
I Garner-Proposed ANR PIan,May 30,2006,Aug 9,
2007,3.i2610,1 Sheet 1
96. Patrick C. Garner,Patrick C. Patrick C.Garner&Kanayo C.Lala,R.P.E.,No. 33710- 3-26-07
Garner,Company,Inca& C-Hydrological Study,July 27,2006,rev 2`23/07,
,�
Kanayo C. Lala,R.P. E.,No. 3,.:fif07,[cover,.I1 pales] 12E pages:
33710-C
Exhibits-Documents-2005-003 -Page 8
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
y One 171undredFourteen Trust e-mail& PDF of M.Jacobs e-mail correspondence re: 3 28-07
fiscal anal sis of Berry Street houses
U`i• Douglas C. Prentiss,P.E., Nitsch Project#6139 [3d traffic peer review,2 pages] 3-29-07
Judith Nitsch Engineering,Inc
-One Ilundred Fourteen Trust e-mail Berry Street information&PDF of attachments " 3-29-07
_ numbered 8,9,4,1,7,5,6&2[elevations&floor tans] _
100. i ilichacl H. Jacobs,Michael e-mail&PDF of Merrimac Condominiums Update to 4-2-07
Jacobs.MID Associates Financial Analysis April 2,2007[10 pages] _
101.
Joseph D. Peznola,P.E., Hancock Associates Engineering Peer Review,Fourth 4-2-07
Hancock Associates review 18 ages]
102. One hundred Fourteen Trust Composite Updates April 10,2007[documents from 2-9- Recd 4-3-07
05 application to"An Update 4-10-07' in 3-1/2"binder)
103. Patrick C, Garner,Patrick C. e-mailed 4-5-07 letter to J.Peznola,Hancock re: 4-5-07
Garner,Company,Inc. Wetland Waiver Narrative&44-07 letter to NA ZBA
Narrative for Wetlands By-law Waiver Issues,
__ Merrimack Condominiums,5 pages.
To 5-3-07 Att,, Donald F.Borenstein Letter dated 4-5=07 requesting that the public hearing be 4-5-07
104. --- - _ closed.
105. Joseph D. Peznola,P.E., Summary of Outstanding Issues[9 issues,3 pages] 4-10-07
Hancock Associates
-TO-6. - One Hundred Fourteen Trust Town Comments and Consultant Reviews April 10,2007 4-10-07
compilation booklet
107. i One Hundred Fourteen Trust NHESP file 07-21329(Natural Heritage&Endangered 4-17-07
S ecies Program)plan booklet
108. William V. Dolan,Chief,NA e-mail-OK with last revision 4-26-07
FD
109•_ Alison McKay,NA Memorandum[Response to April 17,2007]agreeing, 4-26-07
Conservation Administrator with the Hancock 4-2-07&4-10-07
To 5-9-07 One Hundred Fourteen Trust 1)Multi-family units,49-Chap.40B Residences,North Ree'd 5-4-07
11 U. Andover,Mass.sheet I of 7,3-22-07,2)Building
Layout Plan,49-Chap.40B Residences,North
Andover,Mass.sheet 2 of 7,4-6-07;3)Building Layout
Pian,49-Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3-22-07;4)Drainage&Util. Plan,49-
Chap.40B Residences,North Andover,Mass.,sheet 4 of
7,3-22-07;5)Drainage&Util.Plan,49-Chap.40B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6)Landscaping Plan,49-Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07;7)Landscaping
Plan,49-Chap.40B Residences,North Andover,Mass.,
sheet 7 of 7,3-22-07;8)Proposed ANR Plan,Lots IN-A
thru 4N-A,North Andover,Mass.,sheet 1 of 1,3-26-
07&CD of the 8 plans.
To 6-12-07 ( Lt.John Carney,NA PD Memorandum responding to 4-6-07 site plans,concerned 5-11-07
111• that l car garage for 3 bedrooms causes stacked parking
j or on-street parking;police recommend against on-street
1—----- parking.
To 6-28-07—Under Advisement
Exhibit B-Documents-2005-003 -Page 9
MERRIMAC CONDOMINIUMS EXHIBIT A !T
Final Waivers Granted by the ZBA from the North Andover By-Laws and Rules and Regulations
Section . Criterion ; Requirement equested Waiver& ZBA Vote:
EM=Ellen P.McIntyre I
JL=Joseph D.LaGrasse
AM =Albert P. Manzi III
TI=Thomas D. Eppolito
RV=Richard M.Vaillancourt
5.3 frown of North By-law contains 25'no-disturb zone Applicant requests waivers from the 25' and 50' no-disturb/no-build zones as set forth
i lAndover Wetland and 50' no build zone from I erein and as indicated on the Site Plan of record
1Protection By-law Bordering Vegetative Wetland line. M&M&TI&RV=GRANT; AM=DENY i
nd Regulations
1,3.1iEphenieral Pools 150-foot No-Disturbance Zone —� plicaut requests a waiver to build units,retaining walls,roads and storm water
management devices in this zone as shown on the Site Plan of record. j
�EM&JL&TI&RV=GRANT;AM=DENY
X3.1 .Ephemeral Pools F5-foot No-Build Zone plicant requests a waiver to build units and associated items in this zone as shown on i
he Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY ;
3.2 Isolated Vegetated 125-foot No-Disturbance Zone pplicant requests a waiver from this requirement. Final plans to show replication as j
R etland("NW") 'Compensation of 2:1 is required ecommended by North Andover Conservation Commission
i Section 6.1 . ��EM&JL&TMRV=GRANT;AM=DENY_--
_3.2 Isolated Vegetated N-foot No-Build Zone 4pplicant requests a waiver from this requirement. Final plans to show replication as
Weiland("IVW')') Compensation of 2:1 is required `'recommended by the North Andover Conservation Commission
Section jEM&JL&TI&RV=GRANT;AM=DENY
13.4 Permit Applications 5-foot No-Disturbance Buffer -- �Applic:ant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,C&D,on
ne i Perry St. to build houses,appurtenances and a sanitary sewer through a portion of the 25''i o-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A
shown on the Site Plan of record.
�EM&JL&TI&RV=GRANT;AM_DENY
3.4 Vegetated Wetland 50-foot No-Build Zone �Applieant requests a waiver for houses l N-A,2N-A and 3N-A a/k/a Parcels B,C & D on
j (Alteration !ferry St.to build houses,appurtenances and a sanitary sewer through a portion of the 50'
+ no-build zone,as well as a waiver to build all units,and associated items on Lot 4N-A a's
shown on the Site Plan of record. j
1EM&JL&TI&RV=GRANT;AM=DENY
Exhibit A Waiver-20054)03-Page i
Section Criterion Requirement (Requested Waiver&ZBA Vote:
53 ;Vegetated Wetland Alteration of Wetlands under WPA�pplicant requests a waiver from this requirement. Final plans to show replication as �
;.Alteration (and Bylaw ISW combined not to keconunended by the North Andover Conservation Commission.
exceed 5000 SF may be Wanted. (ITEM&JL&TI&RV=GRANT; AM=DENY
!7.0 IStorni water commission has more restrictive Applicant requests a waiver that applicant be held to the standards defined in WPA.
Management and Flood;requirements than state. PM&JL&TI&RV=GRAM; AM=DENY
Control '
orth Andover f
nine Bylaw: I
12y B4 Huildings and Uses Multi family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1. permitted in B4 Zone record.
Summary of use EM&IL&TI&RV=GRANT;AM=DENY
_ e ulations
r .123.7 ;Signs eai Estate Sign not to exceed 24"x�pplicant requests a waiver to allow a 2'x4' permanent sign bearing the name of the
( 6" evelopment at the entrance,as well as a 4'x8'marketing sign until all units are sold.
JL&TI&RV-GRANT• EM&AM-DENY �
.2 I.Phased Development iPhased development bylaw_ Applicant requests a waiver from all phasing requirements.
t Maximum lots developed per year EM&JL&TI&RV=GRANT;AM=DENY
_— ! Lt20%0 of total of 56}-11 -- j
rmensional Table 2
( Requirements T able of Dimensional
I
(� Alone-B4Requirements
I
7.3 Yards(setbacks) runt setback of 100'on Rte 114 pplieant requests a waiver to 12'.
L&TI&RV=GRANT; EM&AM-DENY
48.4.2 'Screening and equires a strip of 6' wide with Applicant requests a waiver to allow wooded area between units and property line to be
(
'Landscaping it and shrubs and a fence of at eft natural per NHESP request that no disturbance occur in this area.
!Requirements abutting ;feast 6'high. L&TI&RV-GRANT;EM&AM=DENY
j I �residentiat district
(llagerty on West).
Exhibit A Waiver-2005-003-Page 2
Section L _ Criterion R_equirement Oequested Waiver&LBA Vote:
�1 ---
ubdlvision Rules andI�Ker--` _
e ulatious
i
2.2 1,imit the number of jl,imit one dwelling on any lot !App}icant requests permission for building 49 dwellings on 10.8 acre lot
L dwellinlgs �EM&JL&TI&RV=GRANT; AM=DENY _
1,6.8.1 Istreet standards for Min.Centerline Radius-225' :Applicant requests a waiver to 170'as shown on Site Plan of record. i
inor street ' L&TI& E,
RV=GRANT; M&AM=DENY
.6.8.1 .Street standards for !Min turnaround pave dia.100' pplicant requests a waiver to 66'as shown on Site Planof record. 44
? minor street &TI&RV=GRANT; EM&AM=DENY I
Exhibit A Waiver-2005-W3-Page 3
r
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS 1 i E1VE 3
Albert P.Manzi IIl,Esq, Chairman Tai;";;, -Ur P ' 0-F I C
Ellen P.McIntyre 1 ice-Chairman f 'AORTH qa
1007 SEP 19 PK 4• 10
Richard J,Byers Esq. CkTk
Joseph D.LaGrasse
David R,Webster �" a►
b
Thomas D.Ippolito "o �. :. ,' N 0 R T H A'10 0 VE
Richard M.Vaillancourt ';?A°RArso��'~•(`� ASJ.'TIs'USE §T
Dariiel S.Braese,Esq. 9�SACwuS��
FINDINGS AND DECISION
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11,2007
PROCEDURAL HISTORY
1. On or about February 9,2005, One Hundred Fourteen Trust, 51 Mount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals(Board), pursuant to G.L. c. 40B, to construct an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct"for sale"ninety-five(95)condominium dwelling units,
consisting of two structures to be called "Merrimac Condominiums" (the"Development"). As
proposed, the Development would be located on a site with approximately 14.77+/- acres of
land being Map 106D, Lots 63, 75, 74, and 44(hereinafter,the Subject Property). Portions of
the Subject Property are located in the B4,R2 and-VR zoning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein, the Subject Property is proposed to
be re-divided into 4 parcels,a.)Parcel A a/k/a Lot 4N-A consisting of 10.8 acres of land with
frontage on Turnpike Street a/k/a Route 114;b.)parcel B a/k/a Lot IN-A consisting of 1.9 acres
of land with frontage on Berry Street;c.)Parcel C a/k/a Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d.)Parcel D a/k/a Lot 3N-A consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised public hearing was opened on March 8, 2005, and continued to the
following dates:
March 8,2005
April 4,2005
June 7,2005
March 2,2006
April 25,2006
June 8,2006
June 28,2006
August 10,2006
September 28,2006
November 2,2006
December 19,2006
January 23,2007
March 13,2007
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.corn
r
March 29,2007
April 10,2007
May 3,2007
May 9,2007
June 12,2007
June 28,2007
3. The public hearing was terminated on June 28, 2007. The Board discussed the decision and
the requested waivers during the meetings of August 30, September 6,and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
5. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is or will become a"limited dividend corporation" as that term is used in G.L.
c. 40B, s. 21 and 760 CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 31,2005 pursuant to its Housing Starts Program and New
England Fund Programs.
c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.0 1,
by virtue of the deed dated November 3, 1994, and recorded at the Essex County
Registry of Deeds at Book 4158,Page 216.
7. The Town of North Andover, according to the DHCD,has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 10%percent of the total number of dwelling units nor is 1.5% of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Vanasse, Hangen Brustlin, Inc.,Watertown, MA
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers:Judith Nitsch Engineering, Inc.,Boston, MA
Special Legal Counsel: Mark Bobrowski, Concord, MA
Pro Forma: MHJ Associates,Brookline,MA
9. The proposed development was reviewed by the following municipal officers or
departments:
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein,the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B,the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact,hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two (52)homeownership dwelling units, consisting
of three (3) single family homes and forty-nine (49)condominium units,with associated
infrastructure and improvements, subject to the following conditions. The term "Applicant" as
set forth herein shall mean the Applicant, its heirs, successors,transferees, and assigns. The
term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C. Garner,R.P.L.S.#32661, 1 of 7 Multi-Family Units, 3/22/07
Patrick C. Garner, Company,Inc., 109 49-Chap.40B Residences,
Whitney Street,Northborough,Mass. North Andover,Mass.
Patrick C. Garner,R.P.L.S.#32661, 2 of 7 Building Layout Plan 3/22/07
Patrick C.Garner,Company,Inc. 49-Chap.40B Residences, 3/26/07
North Andover,Mass. 4/6/07
Patrick C.Garner,R.P.L.S.#32661, 3 of 7 Building Layout Plan 3/22/07
Patrick C. Garner, Company,Inc. 49-Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner,R.P.L.S. #32661, 4 of 7 Drainage&Util.Plan 3/22/07
Patrick C. Garner,Company,Inc. 49 Chap.40B Residences,
North Andover,Mass.
Patrick C.Garner,R.P.L.S.#32661, 5 of 7 Drainage&Util.Plan 3/22/07
Patrick C. Garner, Company,Inc. 49-Chap.40B Residences, 4/6/07
North Andover,Mass.
2005-003-Page 3
Patrick C. Garner,R.P.L.S.#32661, 6 of 7 Landscaping Plan 3/22/07
Patrick C. Garner, Company,Inc. 49—Chap.40B Residences, 4/6/07
North Andover,Mass.
Patrick C.Garner, R.P.L.S.#32661, 7 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company,Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner,R.P.L.S.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner,Company,Inc. Lots IN-A thru 4N-A, Aug 9,9 2006
North Andover,Mass. 3/26/07
David M. Crawley,Registered A1.01 The Merrimac Condominiums, January 15,2007
Architect#1082,David M. Rte 114 St., 1/23/07
Crawley Assoc.,Inc.,South North Andover
Office 25 Sandwich St., Floor Plans Typical Units
Plymouth, MA 02360,North
Office,39 Adams St.,Acton,
MA 01720
David M.Crawley, Registered A2.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Floor Plans Typical Units
David M.Crawley,Registered A3.01 The Merrimac Condominiums, January 15,2007
Architect 41082 Rte'114 St., 1/23/07
North Andover
Fiveplex Plan&Elevations
David M. Crawley,Registered Typical Building Cross Section January 15,2007
Architect 91082
2. The Development shall be limited to fifty-two dwelling units on four separate parcels. On
Parcel A, the Applicant shall locate not more than forty-nine attached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. On Parcels B, C and D each,the
Applicant shall locate not more than one single family home containing not more than 4
bedrooms per home.
3. Twenty five percent(25%)of the dwelling units,which, as proposed, is thirteen(13) of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent(80%) of the median household income for the Lawrence
PMSA, or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent (70%) of the median household income in the Lawrence PMSA, adjusted for household
size, with a five percent(5%)down payment used to calculate such price. If the Development
is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale of seventy percent(70%)of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
I�
time buyers and who are either(a)persons who have made their primary residence in North
Andover; and (b) employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery,the
r
Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located within Parcel A,the
Applicant shall prepare the final draft of a Regulatory Agreement and a Deed Rider and submit
same to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of the Town, such determination
and execution shall be completed and communicated to the Applicant in writing, specifying any
objections, within sixty-five (65) days of the Applicant's submission of its proposed documents.
The form of Deed Rider to be used is the so-called Universal Deed Rider,which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a lender. Such document(s)shall contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent(80%) of the median household income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent(70%)of the median household income in the
Lawrence PMSA, adjusted for household size,with a five percent(5%)down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Units shall be owner-occupied only;provided, however, that the
Board may authorize the temporary rental of such unit at a price affordable to a
household earning not more than 80%of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the like.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and D,the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 41, s. 8 1 P in order to create Parcels A, B, C and D. The Board shall complete
such review and endorsement within forty five(45) days of the submission of said plan. The
Applicant shall then promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate of occupancy,the Applicant shall enter into a
Monitoring Agreement,approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shall notify the Building Commissioner, in
2005-003-Page 5
writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain the following terms:
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales,by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. The market rate, single-family units to be located within Parcels B, C and D are excluded
for purposes of this provision.
8. During construction,the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond
6:00 p.m; provided, however, that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s)to its consultants and/or Town boards and officials for a written
recommendation or report.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
£ Utilities plan including water, hydrants, gas, electric, cable, and telephone;
g. Signage plan, including signs during the marketing phase;
"1
h. Stormwater management plan;
i. Open space and recreation plan;
j. Snow storage and refuse disposal plan;
k. Cutting plan, showing the limits of clearing;
1. Fire sprinkler plan;
m. Construction management plan.
The Board shall make such determination and communicate same to the Applicant in writing,
specifying any objections,within seventy five(75) days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. Except as waived, all signage,including signs to promote sales, shall comply with the
Zoning By-law and shall be maintained in a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A brick wall, eight(8) feet in height, shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived,with the standards of the
Planning Board's Subdivision Rules and Regulations.
f. An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires, that the following aspects of
the Development on Parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever, any legal responsibility for operation,
maintenance, repair or replacement of same:
All roadways and parking areas
Storm water management facilities,including detention basins
Snow plowing
2005-003-Page 7
Landscaping
Trash removal
Street lighting
Building repair and maintenance
Water and sewer services beyond the individual meter pits
12. The roadway within the Development shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall be responsible for the installation, operation, and maintenance of all
aspects of the common or private facilities on Parcel A set forth above until the final dwelling
unit is conveyed. Thereafter, such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association, the Applicant shall provide written evidence to the
Board that a reserve of two months has been established to fund maintenance and operation. In
the event that a management company is engaged, the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. Prior to the issuance of any certificate of occupancy on Parcel A,the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall be required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution thereof. The Board's legal
counsel shall approve such document as to form after determining that the document is
consistent with this decision, such determination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies,within thirty(30) days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the stormwater management system on Parcel A subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents of the Unit
Owners Association. In the event a management company is engaged, the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain the on-site
wastewater disposal system on Parcel A in accordance with applicable guidelines for operation
and maintenance, the Town may conduct such emergency maintenance or repairs, and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the event the Town conducts such maintenance or repairs,the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town,the Town may place a lien on the Development or any unit
therein to secure such payment, excluding Parcels B,C and D.
,.1
17. All invoices generated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town Clerk,whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have been paid in full;unless agreed to by and between the Applicant and
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment.
19. A preconstruction conference with town departments shall be held prior to the
commencement of construction:
a. At such conference,the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision, "commencement
of construction" shall occur when the clearing and grubbing(removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice,to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's Order of Conditions pursuant to310 CMR 10.00, or any
order of the Department of Environmental Protection(DEP),either if applicable,regarding this
property, shall be made apart of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may be approved by the
Conservation Commission or the DEP,the Applicant shall submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP(if applicable)for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or in hand at a regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shall include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided, reasonably acceptable to the Board,to ensure the
completion of such improvements. The choice of performance guarantee shall be governed by
the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the Board's legal counsel. The Board shall
notify the Building Commissioner, in writing,of such completion or performance guarantee.
2005-003-Page 9
23. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24. In determining the amount of the bond or surety, the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work;plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
25. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages.
26. The Applicant shall provide an "as-built" plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant shall
provide a separate as-built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[28. Reserved]
29. The following conditions were recommended by the Board's consulting traffic engineers,
JNEI, Inc., and shall be required:
* Install a Stop sign and paint a Stop line on the site driveway;
* Install overhead lighting at the site driveway and Route 114;
* Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
* Install intersection warning signs along Route 114 in advance of the site driveway;
* Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
30. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates, and shall be required:
* The Final Design Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal highroundwater. Sufficient soil testing performed b a Massachusetts
g gp y
Certified Soil Evaluator shall be included.
* The Final Design Plans shall eliminate driveway conflicts exist between units F3 and H1
and provide ample turning radius for cars in the area of units C2 and D4.
* Final Design Plans shall depict all proposed decks,rails and stairs at the front, rear and
sides of all units.
* The Board finds the submission is not fully comply with the requirements of 760 CMR
31.02. The Applicant has requested the Board act based on the reduced project
"concept" plans. The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stormwater
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 2, 10 and 100 year
24-hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
* The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03,possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03 in review of the Final Plans.
* The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
* The ZBA's engineer shall approve the maintenance schedule for the storm water system.
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
* The Applicant shall obtain a National Pollution Discharge Elimination System(NPDES)
Permit from the United States Environmental Protection Agency (EPA).
* Final grading of the site shall not direct additional runoff onto the property of others.
This project shall not increase the rate of runoff,not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant to assure
2005-003-Page 1 l
compliance with this condition. The project applicant/owner shall be solely liable for
any damage to other properties as a result of this construction.
* The location of all utilities, including but not limited to underground electric,telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
* A State Highway Access Permit shall be obtained from MassHighway prior to any work
or excavation within Route 114.
* A STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
* Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and MHD
standards.
* Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
* Garages shall be used for parking of vehicles and shall not be converted to living space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel.
* If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty(30)days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Upon review by the Board,the applicant my request in writing the Final Occupancy
Permit.
* Not more than thirty days prior to need for the Final Occupancy permit,the applicant
shall submit with their request for a Certificate of Compliance, an affidavit prepared by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans,based upon an on-site
inspection and the referenced site plan.An as-built drawing,prepared by a Professional
Land Surveyor or Professional Engineer,registered in the Commonwealth of
Massachusetts, and depicting the final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
I
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
32. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth
of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan showing not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit Owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure
compliance with this condition. This condition shall be enforced by the Police Department.
35. All of the Affordable Units shall have the same package of garage,appliances, fittings, and
fixtures as the base package for the market rate units.
36. The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
39. Prior to issuance of each certificate of occupancy for a market rate dwelling unit,the
Applicant shall provide the sum of five thousand dollars ($5,000.00)to the Town,pursuant to
G.L. c. 44, s. 53A, or G.L. c. 40, s. 5B, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand($195,000.00) dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
40. The Applicant has requested, and the Board has granted, the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project,that additional waivers,not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
2005-003-Page 13
'ECE I V E D
2007 SEP 19 PM 4: 10
0`rN
NORTH ANOOVEE
MASSA 0 F,US E1,T
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt,and seconded by Thomas D. Ippolito,the Zoning
Board of Appeals voted 4-1, with the Chairman voting in opposition, to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2007 meeting:
Albert P. Manzi III, Esq., Chairman
c
Ellen P. McIntyre, Vice Chairman
Joseph D. LaGrasse, Member
Thomas D. Ippolito, Associate Member 6 C)'14
Richard M. Vaillancourt Associate
Me
Filed with the Town Clerk on,�g M.�Le� /9 y ,2007."
2005-003 Page 14
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
Pre-Meeting Thomas R.Gleason,Executive Letter notifying site approval,with requirements and 1-31-05
1.
� Director. Municipality issues about the proposed 40B
-- -- MassHousing,
To 3-8-OS One Hundred Fourteen Trust, Affordable Housing Proposal—Merrimac i Town Clerk
2. 51 Mount Soy Drive, Condominiums, 1)List of Documents,")BOA 2-9-05
` Tewksbury,MA Application[Comprehensive Permit],3)Project
Eligibility,4)Site Control,5)Tabular Data,6)Plans,
Miscellaneous _
3. Susan Sawyer,Public Health Memorandum responding to ZBA 2-10-05 memo " 2-11-05
Director,North Andover requesting Board;Department concerns&attached Board `
of Health dum seer regulations
4. North Andover Zoning Board Legal notice[Parcel 63= 10.03 ac.,95 units] Town Clerk
of Appeals(NA ZBA) _ 2-11-05
5. Atty.Thomas J.Urbelis,Town j Letter responding to ZBA 2-10-05 request 2-15-05
Counsel
6. Chief William V. Dolan,NA Letter and e-mail response to ZBA 2-10-05 request 3-1-05
Fire De artment
7. Mark Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1-05
NA ZBA 2-I0.05
8. One Hundred Fourteen Trust Update March 2,2005 Affordable Housing Proposal 1) 3-2-05
Waivers revised,2)Permits on hand,3)Curriculum
Vitae
_47 Dermot J. Kelly Associates, Traffic Impact&Access Study 3-2-05
Inc.
280 Main Street North
Reading,MA
10, Alison McKay,NA Memorandum response to ZBA 2-10-05 3-3-05
Conservation Administrator
11. Jack Sullivan,Director of Memorandum to ZBA 2-10.05 3-3-04
Engineering,NA DPW
12. Lincoln Daley,NA Town E-mail response to ZBA 2-10-05 3-4-05
Planner
To 4-4-05 Lt. John Carney,NA Police Memorandum response to ZBA 2-10-05 3-16-05
13. _ Dept.
14. Nathalie. Wiles,89 Windsor Letter to Neighbors and Abutters,3-14-05, 1)North Recd
Lane Andover clipping of3-4-05,2)Letter excerpt,3)40 3-28-05
�� signatures
15. One Hundred Fourteen Trust Update April 4,2005 Affordable Housing Proposal 1) 3-30-05
Response to comments,2)Waiversupdated3)Site plans
_
updated
To 6-7-05 Ellen P.McIntyre,Chair, Letter to Heidi Griffin,Director,NA Community 4-13-05
16. North Andover Zoning Board Development re: 10.03 acres vs. 14.77 acres. "
_ of Appeals
17. Atty. Donald F.Borenstein, Letter to Sarah Hall,MassHousing re:Entirety ofEntirety of�4-13-0513-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 Chestnut St., the proposed project.
Andover,MA
is. Nathalie Wiles 89 Windsor Further 17signatures for 3-14-05 petition 4-29-05
OS
_Lane N
19. NA Conservation Commission Order of Conditions for Map 106D,Parcel 63 5-3-05r3
z --n '1
Exhibit B—Documents-2005-003-Page 1
c.rt
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
�20, One Hundred Fourteen Trust A.Revised application,Special Permit form pages 2&3 5-5-05
—� adding parcels 44,74,&75,and changing acreage from
10.03 to 14.77 acres.
B. Plan of Land,Lots IN,2N,3N,and 4N Berry Street
and Route 114,North Andover,Mass.Plan Date 8.23:96,
Planning Board Approval under Subdivision Control,
meeting held on 1,19/99,NERD Plan#13394 dated
i
February 2, 1999.
C. Assessor's map 106D dated 6-5-0 f,with added 3
parcels indicated.
21. Donald F. Borenstein I Cover letter for the MassHousing model Regulatory 5-6-05
Agreement,Deed Rider,and Monitoring Services
Agreement
22. North Andover Zoning Board Amended legal notice adding 3 Berry Street parcels. Town Clerk
of Appeals Now 40B is Map 106.1),Parcels 63,44,74,&75= 5-13-05
14.77 ac,for 95 units
23. William M. Hickey,328 1.New information on the 40B development on Rt. 114 6-2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
Troubling Questions pp 1-5,5-27-05.3. E-mail Atty.
Borenstein&plan,revised boundaries 4-6-05. 4. Letter
to Sarah Hall,MassHousing re Town response 9-10-04.
5.MassHousing Application letter &information 6-29-
04. 6.Housing Starts Project Eligibility Application,7.
Resume,Tab J[of application package].8-15.8 sheets of
___ black&white site pictures.
24. One Hundred Fourteen Trust An Update June 7,2005 booklet. A.The Merrimac 6-2-05
{ Condominiums Sheet 1 of 2 5-27-05.B.The Merrimac
i Condominiums Parking Sheet 1 of 1 5-27=05.C.Site
Lighting Plan.SL-1 5.27-05.D.Berry Street Proposed
Improvements Sheet I of 15-27-05.E.Dermot J.Kelly
Associates,Inc. Traffic Impact&Access Stud 5-31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet 1 of rev.6-6- Recd.
05.B.The Merrimac Condominiums Parking Sheet 1 of 6-7-05
1,rev.6-6-05.C. Site Lighting Plan SL-1,rev.6-6-05.
D.Berry Street Proposed Improvements Sheet 1 of 1,
rev.6-6-05
26. One Hundred Fourteen Trust Typical Section-Building A,3 pages:[Full elevation, Rec'd.
Garage elevation,Floorplan)no date 6-7-05
27. One Hundred Fourteen Trust Typical Section-Building B,2 pages. [Garage Rec'd.
_ elevation,Floorplan] 6-7-05
28. I David M.Crawley Associates Mass State Building Code Analysis Rec'd.
Inc.,North Office,4 School 6-7-05
St.,Acton,MA _
To 3-2-06 Stephan Hauville,Unit 1 & Letter requesting perimeter fence between 1980 6-7-05
29. Tom Diorio,Unit 3, 1980 Turnpike Street and 40B property.
Turnpike Street
30, Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-05
Partnership Committee Condominiums,4-22-05
Exhibit B -Documents 2005-003 Page 2
Merrimac Condominiums Exhibit S
Item No. Document From Contents/Notes Item Date
32, One Hundred Fourteen Trust An update July 12,2005 booklet. 1)Letter responding to Rec'd 7-6-05
June 7,2005 questions,2)Tabular Data(3 p.],Amended
Order of Conditions,5/3'2005,3)undated e-mail to
Heidi Griffin,Jacki Byerley from Chief Dolan re: the
proposed building on Rte 114,4)David M.Crawley
Assoc. Inc.Architects-The Merrimac Condominiums
7/6/05,Building A Floor Plans A1.00,A1.01,Elevations
A2.01,A3.01,Building Section A4.01,Building B Floor
Plan A5.00,Floor Plans A5.01,Elevations A6.01,
Building A7.01,6)DJK Curbcut Permit Plan,04/05/05,
33. Patrick C.Garner,Patrick C. A)The Merrimac Condominiums,Route 114,North Rec'd 7-6-05
Garner,Company,Inc., 109 I Andover,Mass.5/27/05,6/6/05,7/1/05,sheet 1 of 2,B)
Whitney Street,Northborough, i,The Merrimac Condominiums Parking,North Side of
J Mass. 01532&Kanayo Lala, Route 114,North Andover,Massachusetts May 27,
Professional Engineer,Four 2005,6/6/05,7/01/05 sheet I of 1
West Road,West Actor,MA
+01720
34. _ Patrick C.Garner,Patrick C. C)Berry Street Proposed Improvements Sheet 1 of 1 Ree'd 7-6-05
Garner,Com any,Inc., May 27,2005,revisions July 1,2005.
35. Patrick C.Garner,Patrick C. D)The Merrimac Condominiums Site-Lighting,North Rec'd 7-6-05
Garner,Company,Inc.,& Side of Route 114,03/08/05,E)The Merrimac
Kanayo Lala,Professional Condominiums-Site-Lighting,North Side of Route 114
Engineer w BerryStreet,07/05/05
36. David M.Crawley Associates The Merrimac Condominiums,Rte 114&Berry St, Rec'd 7-6-05
Inc. North Andover,MA,Floor Plans,7/05/05,sheets S-A.1,
_ S-B.1,S-AB1
37. MINCO Corporation,231 A Fiscal Impact Study prepared for One Hundred 7-5-05
Sutton Street,North Andover, Fourteen Trust,27 p.&Addendum I Profit Analysis
MA Provided by Client&Addendum fI Scenario 2:
Number of Students at Breakeven
38, Timothy B. McIntosh,P. E., Review of Merrimac Condominiums application 7-11-05
Vanasse Hangen Brustlin,Inc.,
101 Walnut Street,
Watertown,MA
39. P. L. Hingorani,Trustee,One Letter requesting working session with a Subcommittee 7-I2-05
Hundred Fourteen Trust of the board.
40. One Hundred Fourteen Trust A.Offer Alternates to North Andover ZBA,B.Alternate 8-25-05
1 The Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alts 8/22-05
41. NA ZBA Memo to Peter Hingorani on first response to the 8-22- 9-8-05
05 drawings
42. One Hundred Fourteen Trust e-mail describing alternatives I through 5,with 3 PDF 1-23-06
attachments: Alternate#3 Patrick C.Garner,Patrick C.
Garner,Company,Inc.,64 Chap.40B Residences,
North Andover,Mass.Jan. 12,2006,Alternate#4-[96]
Proposed Multi-Family Units,Jan.07,2006,
Alternative.#5- 112 Multifamily Units,Jan. 10,2006,
and 1 CAD
4� Patrick C.Gamer,Patrick C. Single&Multi-Family Units,56--Chap.40B Rec'd
Garner,Co,npany,Inc., 109 i Residences North Andover,Mass.,a Patrick C.Garner 2-23-06
Whitney Street,Northborough, 12005,Feb. 20,2006,Feb, 22,2006.
Mass_01532
Exhibit B-Documents-2005.003-Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
44, NA LBA Legal notice hearing continues 3-2-06&56 units down. Town Clerk
from 95 2-24-06
- ! Lt. Andrew Nlelnikas, NA FD e-mail:Plan needs more detail,i.e. Hydrants& 2-28-06
sprinklers
46. Lt. Andrew Melnikas,NA FD __J-mail 3-1-08 meeting result: residential sprinklers& 3-1-06
hydrants ev�500',FD can accept 18' roadway
47• Alison%IcKay,NA Memo re: 56 Single& Multi-family concerns about 3-1-06
Conservation Administrator bridge,building setbacks from wetlands,trail,&
__t �roTos,4 ARAD
48. - + North Andover Housing Criteria for Measuring the Appropriateness of Chapter 3-2-06
Partnership Committee 40B Projects,611104
49. One Hundred Fourteen Trust Letter and charts re:Replace the two,5 story buildings 3-2-06
(with arkin under
p g )...with 56 3-:bedroom,single& �
multi&remove 1N,2N,and 3N from the application...
4-25-06 Comm. of Mass. Superior Summons:Keeper of Records all documents re: 3-6-06
50, Court,Civil Action No. Variance dated 4-11-01
_ ESCV2002-01931
51. Patrick C. Garner,Patrick C. Single&Multi-Family Units 56—Chap.40B Residences 3-14-06
er,Comp ny,Inc'
over,Mass. ,
06,Sheet I
52. I OnenHur Hundred Fourteen Trust e-mail Excel worksheets 1)Budd cost$per SF-f Inner 3-29-06
&End units,3/24/2006;2)Discounted Cash Flow
Analysis 3-19-06;4)Proforma 3-23-06;5)ZBA$Per
SF Builders Cost 3/192006
53. One Hundred Fourteen Trust An Update April 25,2006 Affordable Housing Proposal: Rec'd 4-18-
1)Kathleen M.Burns,MassHousing letter April 12, 06
2006 PE-267 Project Eligibility(Site Approval),2)
Architecturals[5 drawings dated 3/3/06,3/17/06&n.d.],
3)Dermot J.Kelly Associates,Inc.April 14,2006
response to VHB July 11,2005 report[13 pages],4)
Proforma 3-23-06[11 pages]5)Waivers 6)Patrick C.
Garner Co.,Inc.-Single&Multi-Family Units,56 -
Chap.40B Residences North Andover,Mass.,Mar. 14,
2006,May 4,2006,May 30,2006,sheets 1-4,7)Patrick
C.Garner Co.,Inc. -Plan for ANRAD Lots 1-N thru 4-
N,3-8-06,rev.,4-18-06,5-8-06,5-10-06 sheet 1 of 1,_8)
DJK Route 114 Curbeut Permit Plan#457,3/15/06,sheet
1 of 1.
54• North Andover Housing Criteria for Measuring the Appropriateness of Chapter Recd
Partnership Committee 40B Projects,6/1/04 4-25-06
Exhibit B-Documents-2005-003 -Page 4
Merrimac Condombdums Exhibit B
Item No. Document From Contents/Notes Item Date
To 6-28-06 One Hundred Fourteen Trust An Update June 8,2006 Affordable Housing Proposal: Rec'd
55. 1)Patrick C.Garner Co.,Inc.-Single&Multi-Family 5-30-06
Units,56 - Chap. 40B Residences North Andover,
Mass.,Mar. 14,2006,May 4,2006,May 30,2006,
sheets 14&Proposed ANR Pian, Lots IN-A thru 3N-A,
May 30,2006 2)Patrick C.Garner Co.,Inc. Plan for
ANRAD Lots 1-N thru 4-N,3-8-06,rev.,4-18-06,5-8-
06,5-10-06 sheet 1 of 1;3)David M. Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5/26/06,
A1,01,A2.01,Front Elevations,4/25/06 A3.01,
Elevations 5%26/06,A4.01;4)NA Conservation
Commission,Order of Resource Area Delineation,
1 5125/06;5)Waiver s[requested];6)Proforma 5-22-06&
6)Kanayo Lala 21-May-06 Preliminary Bid based on
Plans dated 511 L06 7)-, 7)DJK letter requesting
Massllighway application curbcut 5-22-06,8)DJK
Route 114 Curbeut Permit Plan#457,3/15106,sheet I of
1.
j To 8-10-06 One IIundred Fourteen Trust An Update June 8,2006,duplicate of above Rec'd 7-5-06 '
56.
57. Ellen P.McIntyre,Chair, Request Town Boards/Departments response to Update 7-6-06
N_AZBA June 8,2006
58. _ Susan Sawyer,NA Health Response to Update 6-8-06 pamphlet;on sewer=no 7-10-06
Administrator Health jurisdiction
59. William V.Dolan,Chief,NA Response to Update 6-8-06;density of the structures;all 7-10-06
FD units should be s rinkled;some must be
60. Patricia A. Leavenworth,P.E., Letter to Dermot J.Kelly re: Merrimac Condominium 5-30-06
District highway Director, curbcut onto State route 125,Turnpike Street
MassHi hwa
61. George F. Koehler,Chair, Letter to Peter(Pribhu)L.Hingorani requesting 6-9-06
North Andover Housing inclusion of play areas for children of 3 BR
Partnershi Committee development,
62. Curt Bellavance,Director, Metro to Board of Selectmen re:site located on 7-21-06
_
Community Development Turnpike Street
63. Alison McKay,NA Merrimack Condominiums-Berry Street/Turnpike 8-3-06
Conservation Commission Street,Applicant One Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 8-4-06
P.T.O.E.,Judith Nitseb Condominiums 40B,Turnpike Street(Route 114) [1"]
Engineering,Inc., 186 Lincoln
_- Street,Suite 22,Boston,MA
65. Patrick C. Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,Route 7-27-06
Garner,Company,Inc. 114,North Andover,July 27,2006[4 pages]&26
August,1998 132 a es+ 133, 1341,received 8-8-06
66. Patrick C.Garner,Patrick C. Cover letter to Joseph D.Pe a,PE re:Hydrology, 7-28-06
Garner,Com an ,Inc. Merrimac Condominiums received 8-8-0_6
67.� Patrick C. Garner Patrick C. Patrick C.Garner Co.,Inc.-Single&Multi-Family Recd 8-8-t}6
Garner,Company,Inc. Units,56-Chap.40B Residences,North Andover,
Mass.,July 27,2006,sheets 1,2,3,4 of 8;Pre-&Post-
Watersheds,Sheet 5 of 8,Utility&Drainage Sheet,
-_-- - sheets 6,7,8 of 8
68, Lincoln Daley,NA Town Planning Boardpreliminary review Merrimac Rec'd.
Planner Condominium 40Bproject[3 ewes] 8-9-06
Exhibit B-Documents-2005=003 Page 5
a
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
6— Dermot 1, Kelly Associates, August 10,2006 Response to Traffic Peer Review 8-10-06
Inc. i Memorandum, 11 pages,&Appendices: 1)Nitsch
I
Traffic Peer Review 8-4-06,7 pages,2)Accident Data
and Accident Rate Calculations,3)Background trip i
generation,4)Level of Service Analysis,&5)The I
March 16,2006 North Andover Fire Department
comment memorandum and the July 10,2006 North
Andover Fire Department comment letter.
To 9-28-06 NA Board of Selectmen Merrimac Condominium Comprehensive Permit 8-14-06
j 70. [comments]recommending Board not waive regulatory
boards and commissions right to review...
71. Joseph 1), Peznola,P.E., Engineering Peer Review,The Merrimac Condominiums 8-28-06
Hancock Associates,28 Lord
Road,Suite 280,Marlboro,
MA
72, Lt. John Carney,NA PDPolice review:2 concerns,street lighting& 18' wide 9-11-06
road%a s vs,guest pasking.
73. Eugene P. Willis,P.E., Merrimac Condominiums 40B .traffic review;concurs 9-20-06
Director of Engineering,NA with Nitsch Engineering report August 4,2006,
DPW _ specifically,the LOS analysis
74. Dermot J. Kelly Associates, DJK&Proponent's answer to JNEI Traffic Peer Review 9-21-06
Inc.
75. Patrick C. Garner Company, Hancock Engineering Peer Review{response] 9-21-06
Inc.
76. One Hundred Fourteen Trust "An Update[to]September 28,2006"
1)Patrick Gamer response to Con Com&Planning 8.14-06
Board. 2)Patrick Garner response to Hancock 9-22-06
Engineering Hydrology Comments 3)One Hundred
Fourteen Trust Tabular Data[2 pages]4)Patrick C. 9-22-06
Gamer Co.,Inc.—Single&Multi-Family Units,56-
Chap,40B Residences,North Andover,Mass.,July 27,
2006,.Sept 20,2006,Sept 22,2006,sheets 1,2,3,4 of 8;
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
Drains a Sheet,sheets 6,7,8 of 8.
77. Douglas C.Prentiss,P.E., JNEI Project 6I39,Traffic Peer Review,Merrimac 9-27-06
Judith Nitsch Engineering, Condominiums[2"d]
Inc.
78. Joseph D.Peznola,P.E., Engineering Peer Review,Second Review,The 9-28-06
Hancock Associates Merrimac Condominiums
To 11-2-06 Joseph D. Peznola,P.E., Engineering Peer Review Third Review,The Merrimac 10-26.06
79. Hancock Associates Condominiums
Exhibit B Documents 2005-003 Page 6
Merrimac Condominiams Exhibit B
Item No. Document From Contents/Notes Item Date
80• One Hundred Fourteen Trust An Update November 2,2006: 1) Faxed response of NA Recd _
j Public Schools,location of bus shelter 10/24/06;2) 10-27-06
Response to Joseph Peznola peer review 9-26-06;3)
David C.Crawley,Yypical Building Cross Section,Floor
j Plans A1.01 &A2.01, Front Elevations A3.01,
I Elevations A4.01,4-2?-06 4 Waivers 5)Proforma 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA;6)Kanayo Lala 10/25/2006 Preliminary Bid based
on Plans dated 10/20/06 7);Dermot J.Kelly cover letter
&Appendix A. DJK Letter to MassHighway 5-22-06,B.
MassHighway to DJK 5-30-06&C.fire emergency
vehicle graphics SU 30 accessing units 5,7,&55,
10,,24/06,[3 sheets] 7 8)Patrick C.Garner Co.,Inc.—
Single&Multi-Family Units,56—Chap,40B
Residences,North Andover,Mass.,July 27,2006,Sept
20,2006,Sept 22,2006,Oct 17,2006,sheets 1,2,3,4 of
8;Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
_
Drainage Sheet,sheets 6,7,8 of 8.
81. Michael H Jacobs,Michael 1)Merrimac Condominiums Financial Analysis,North 10-27-06
Jacobs MHJ Associates,41 Andover Zoning Board of Appeals,4 pages,2)Base Pro
Coolidge Street,Brookline, Forma[3 pages],3)Adjusted Pro Forma[2 pages]
MA
82. Douglas C. Prentiss,P.E., Traffic Peer Review [update] 11-1-06
Judith Nitsch Engineering,
Inc.
To 12-1.9-06 One Hundred Fourteen Trust Letter to Michael Jacobs re:Draft Pro Forma eliminating 11-9-06
83. 7 townhouse units&adding three single-family houses
on Berry Street[on NI,N2,&N3 [M106.DP44,74,
&75
84. One Hundred Fourteen Trust Proforma 49+ 11/13/06
85. Ellen P. McIntyre,Chair,NA Memo inviting Conservation Commission to 12-19-06 11-15-06
Z,BA
86. Patrick C. Garner Company, Village Concept,Version 213&Version 2C,Single& 12-I5-06
Inc. Multi-Family Units,56-Chap.40B Residences,North
Andover,Mass.,July 27,2006,Sept 20,2006,Sept 22,
2006,Oct 17,2006, 12/07/06, 12111/06, 12/12/06,
12/14/06
87, Atty. Donald F. Borenstein Letter requesting 12-19-06 be continued to 1-16 or 18-07 Town Clerk
Johnson&Borenstein, 12 12-26-06
Chestnut Street,Andover,MA
Exhibit B -Documents 2005-003 -Page 7
Merrimac Condominiums Exhibit B
Item No, Document From Contents/Notes Item bate
To 1-23-07 One Hundred Fourteen TrustAn update January 23,2007[52 units;49-� 3] 1)David t-16-07
K8. M.
Crawley,Registered Architect#1082- Typical Front
I Elevation Five Unit Complex J1-J5,5Unit Complex J1-
J5,first floor plan,Typical unit AA,BB first&second
floor plans,Typical unit CC,DD first& second floor
plans,Typical Double Unit EE first,second,third floor
plans,Typical Building Cross Section,[6 p.],January �
15,2007 2)Houses on Berry Street,Integrity Design,
498 Great Road,Acton,MA Owner/Builder Trust
Development,Plan 2 Federal,[8 pages]Grafton,MA
i November 2,2006�Q 2006 3)Profonna,4)Waivers, 5)
Plans,6)Dermott J.Kelly-Letter 1-12-07 to D.
Prentiss,7)DJK Route 114 Curbeut Permit Plan
01/10/07&Patrick C.Garner-Multi-Family Units 49
Chap, 40B Units 1/05/07,1/09/07 1-3 sheets,Patrick C.
Gamer-Landscape Plans,49-Chap.40B Units, 1-2
_ sheets,n.d.
89. j NA ZBA NA ZBA&Conservation Commission meeting notice Town Clerk
1-18-07
To 3-13-07 Patrick C.Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units, 2-23-07
90. Garner,Company,Inc. Route 114,North Andover,[IO p.],88 pages,July 27,
2006,R 2/23/07
91. One Hundred Fourteen Trust An Update March 13,2007 10 1)Profanna 04-Mar-07, Rec'd
2)David C.Crawley,8-I/2xl 1 of below,3)DJK Route 3-13-07
114 CurbeutPennitPlan 3-4-07&4)Patrick C.Garner-
Multi-family units 49 40B Units 2-23-07 sheets 1-7,
j Watershed Areas 2-23-07sheet I,5)David M.Crawley-
Floor Plans 1-23-07 A1.01 &A2.01 &Fiveplex Plan&
Elevations,A3.01,6)Patrick C.Gamer-Proposed ANR
Plan Lots IN-A thru 4N-A,May 30,2006,rev.Aug-9,
2006 sheet 1
To 3-29-07 Susan Sawyer,NA Public Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
92. 1 Health Director Update"show on site dum sters if private trash disposal.
93. One Hundred Fourteen Trust e-mail&attached 3-22 Proforma&3-23-07 letter to M. 3-23-07
Jacobs`
94. Timothy J.Willett&Eugene Response to 3-13-07 One Hundred Fourteen Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One hundred Fourteen Trust An Update April 10,2007,Affordable Housing 3-27-07
95. Proposal:1)Proforma,2)Kanayu Lata-Engineering
Estimate,3)Zoning Chart,Zoning District(B4 for lot
+ #N4)4)Proposal Meets the Following Criteria of the
Zoning Bylaw[3 pages],5)Waivers,Permits and
Exemptions to Town of No;Andover By-Laws and
Rules and Regulations,7 pages,6)Patrick C.Garner-
i Typical Roadway Section 10-16-06,7)Patrick C.Garner
-Watershed Areas 3.22-07,Sheet 1,-Patrick C,Garner
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
I Garner-Proposed ANR Plan,May 30,2006,Aug 9,
2007,3/26/07 SheetI
96. L ! Patrick C.Garner,Patrick C. Patrick C.Garner&Kanayo C.Lala,R.P.E.,No. 33710- 3-26-07
Garner,Company,Inc.& C-Hydrological Study,July 27,2006,rev 2/23/07,
j' Kanayo C. Lala,R.P.E.,No. 3;'26,107,[cover,I I pages] 128 pages.
33710-C
Exhibit B-Documents-2005-003 -Page 9
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
y One Hundred Fourteen Trust e-mail&PDF of M.Jacobs e-mail correspondence re: 3 28-U7
fiscal anal sis of Berry Street houses
9h. Douglas C. Prentiss,P.E., Nitsch Project#6139 [3d traffic peer review,2 pages] 3-29-07
_ Judith Nitsch Engineering, Inc
99 -One Hundred Fourteen Trust e-mail Berry Street information&PDF of attachments -
3-29-07
numbered 8,9,4,1,7,5,6&2 elevations&floorplans] _
100. Michael H.Jacobs,Michael e-mail&PDF of Merrimac Condominiums Update to 4-2-07
Jacobs MHJ Associates Financial Analysis April 2,2007[10 pages] _
101• Joseph D. Peznola,P.E., I Hancock Associates Engineering Peer Review,Fourth 4-2-07
Hancock Associates review 18 ages
1 U-'• One hundred Fourteen Trust Composite Updates April 10,2007[documents from 2-9- Recd 4-3-07
05 application to"An Update 4-10-07'in 3-1/2"binder]
Patrick C, Garner,Patrick C. e-mailed 4-5-07 letter to J.Peznola,Hancock re: 4-5-07
Garner,Company,Inc. Wetland Waiver Narrative&44-07 letter to NA ZBA
Narrative for Wetlands By-law Waiver Issues,
_ Merrimack Condominiums,5 pages.
5-_3_-_0_7____I Atty. Donald F. Borenstein Letter dated 4.5-07 requesting that the public hearing be 4-5-07
104. closed.
105. j Joseph D. Peznola,P.E., Summary of Outstanding Issues[9 issues,3 pages] 4-I6-07
Hancock Associates
106. One Hundred Fourteen Trust Town Comments and Consultant Reviews April 10,2007 4-10-07
-
compilation booklet
107. One Hundred Fourteen Trust NHESP file 07=21329(Natural Heritage&Endangered 4-17-07
Species Program)plan booklet
108 William V,Dolan,Chief,NA e-mail-;OK with last revision 4-26-07
FD
109. Alison McKay,NA Memorandum[Response to April 17,2007]agreeing 4-26-07
_ _ Conservation Administrator with the Hancock 4-2-07&4-10-07
To 5-9-07 One Hundred Fourteen Trust 1)Multi-family units,49-Chap.40B Residences,North i Rec'd 54.07
110. Andover,Mass.sheet 1 of 7;3-22-07,21)Building
Layout Plan,49-Chap.40B Residences,North
Andover,Mass,sheet 2 of 7,4-6-07;3)Building Layout
Plan,49-Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3-22-07;4)Drainage&Util.Plan,49-
Chap.40B Residences,North Andover,Mass.,sheet 4 of
7,3-22-07;5)Drainage&Util.Plan,49-Chap.40B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6)Landscaping Plan,49-Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07; 7)Landscaping
Plan,49-Chap.40B Residences,North Andover,Mass.,
sheet 7 of 7,3-22-07; 8)Proposed ANR Plan,Lots IN-A
thru 4N-A,North Andover,Mass.,sheet l of 1,3-26-
�__.._ 1 07&CD of the 8 plans.
To 6-12-07� Lt.John Carne NA D _
Carney, P Memorandum responding to 4-6 U7 site plans,concerned 5-11-07
111. that 1 car garage for 3 bedrooms causes stacked parking
or on-street parking:police recommend against on-street
parking.
To 6-28-07 C'nder Ads isement
Exhibit B-Documents-2005-003 -Page 9
MERRIMAC CONDOMINIUMS EXHIBIT A ;E P V E D
jilt " rr t S rl.F Ie"F
Final Waivers Granted by the ZBA from the North Andover BY-Laws and Rules and Regulations
_ 2001 SPP 19 Eli 7: 58
Seciton Critenon Requirement Requested Waiver&ZBA Vote
# EM=Ellen P.McIntyre
JL=Joseph D.LaGrasse r
AM =AIbert P.Manzi III
TI=Thomas D. 1ppolito
I__ RV=Richard M.Vaillancourt
l5.3 own of North y-law contains 25'no-disturb zone Applicant requests waivers from the 25' and 50'no-disturb/no-build zones as set forth
Andover Wetland and 50' no build zone from herein and as indicated on the Site Plan of record.
Protection By-law Bordering Vegetative Wetland line. EM&JL&TI&RV=GRANT;AM=DENY
and Regulations -
1 Ephemeral Pools 50-foot No-DisturbanceZone iApplicant requests a waiver to build units,retaining walls,roads and storm water
ii management devices in this zone as shown on the Site Plan of record.
EEM&JL&TI&RV=GRANT,AM=DENY
l phemeral Pools 5-foot No-Build Zone pplicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
&JL&TI&RV=GRANT;AM=DENY
Isolated Vegetated 5-foot Na-Disturbance Zone Applicant requests a waiver from this requirement. Final plans to show replication as
Wetland("IVW") Compensation of 2:1 is required recommended by North Andover Conservation Commission
Section 6.1). _ _ M&JL&TI&RV=GRANT;AM=DENY —-
�.2 solated Vegetated PO-foot No-Build Zone ;Applicant requests a waiver from this requirement. Final plans to show replication as
! Wetland("IVW") ompensation of 2:1 is required 6commended by the North Andover Conservation Commission
r Section 6.1 `E_M&JL&TI&RV=GRANT;AM=DENY
.4 Permit Applications 5-foot No-Disturbance Buffer pplicant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,C&D,o>
zone Berry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25'
no-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A
s shown on the Site Plan of record. I
i
_ _`___ M&JL&TI&RV=GRANT; AM=DENY
_ ---^ ------------a
3.4 j -egetated Wetland 0-foot No-Build Zone Applicant requests a waiver for houses 1N-A, 2N-A and 3N-A a/k/a Parcels B,C&D on�
Alteration Berry St.to build houses, appurtenances and a sanitary sewer through a portion of the 50'1
In o-build zone, as well as a waiver to build all units, and associated items on Lot 4N-A as
Mown on the Site Plan of record.
�M&JL&TI&RV=GRANT;AM =DENT
Exbibit A Waiver-2005-003-Page I
Sectiones _ Crrterxon Requirement _ eguested Waiver&ZBA Vote:
--_ -
regetated Wetland Alteration of Wetlands under WPA Applicant requests a waiver from this requirement. Final pians to show replication as
Iteration and Bylaw ISW combined not to recommended by the North Andover Conservation Commission.
xceed 5000 SF maybe granted. M&JL&TI&RV=GRANT;AM=DENY
7.0 Storm water Commission has more restrictive [Applicant requests a waiver that applicant be held to the standards defined in WPA.
Management and Flood requirements than state. M&JL&TI&RV=GRANT;AM=DENY
Control
North Andover -�
Zoning Bylaw:
4.129 B4 Buildings and Uses Multi family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1. permitted in B4 Zone record.
Summary of use EM&JL&TI&RV=GRANT;AM=DENY
Regulations
,4.123.7 Signs Real Estate Sign not to exceed 24"x Applicant requests a waiver to allow a 2'x4'permanent sign bearing the name of the
6" development at the entrance,as well as a 4'x8'marketing sign until all units are sold.
JL&TI&RV=GRANT;EM&AM.=DENY
4.2 Phased Development hased development bylaw. pplicant requests a waiver from all phasing requirements.
j axinium lots developed per year IM&JL &TI&RV=GRANT;AM=DENY
-----____ (20%of total of 56)-=11 444
Dimensional able 2
Requirements able of Dimensional
Zone-B4 Requirements
- -
r3___I[Yards(setbacks) Front setback of 100' on Rte 114 Applicant requests a waiver to 12'.
I_. . - _eenL&TI&RV=GRANT;EM&AM=DENY
8.4.2_ Scring and equires a strip of 6' wide with ,Applicant requests a waiver to allow wooded area between units and property line to be f
Landscaping itrees and shrubs and a fence of at left natural per NHESP request that no disturbance occur in this area.
Requirements abutting jleast 6' high. OL&TI&RV =GRANT; EM&AM=DENY
residential district
L llagerty on West).
Exhibit A Waiver-2005-003-Page 2
SectionT Criterion Requirement Requested Waiver&ZBA Vote:
Subdivision Rules and
dations
t2.2 unit the number of irrut one dwelling on any lot Applicant requests pernussion for building 49 dwellings on 10.8 acre lot
— dwellings EM&JL&TI&RV=GRANT;AM=DENY
6.8. Street standards for Min.Centerline Radius-225' Applicant requests a waiver to 170'as shown on Site Plan of record.
minor street " TI&RV=GRANT;EM&AM=DENY
E —
16 8.1 Street standards for in..turnaround pave dia.100' pplicant requests a waiver to 66'as shown on Site Plan of record.
L mir street T�L&TI&RV=GRANT;EM&AM=DENY
Exhibit A Waiver-2005-003-Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
Pre-Meeting Thomas R.Gleason,Executive Letter notifying site approval,with requirements and 1-31-05
1. Director, Municipality issues about the proposed 40B
MassHousin ,
To 3-8-05 One Hundred Fourteen Trust, Affordable Housing Proposal—Merrimac Town Clerk
2. 51 Mount Joy Drive, Condominiums, 1)List of Documents,2)BOA 2-9-05
Tewksbury,MA Application[Comprehensive Permit],3)Project
Eligibility,4)Site Control,5)Tabular Data,6)Plans,
Miscellaneous
3. Susan Sawyer,Public Health Memorandum responding to ZBA 2-10-05 memo 2-11-05
1Director,North Andover requesting Board/Department concerns&attached Board
of Health dum ster regulations
4. North Andover Zoning Board Legal notice[Parcel 63= 10.03 ac.,95 units] Town Clerk
of Appeals(NA ZBA) 2-11-05
5. Atty.Thomas J.Urbelis,Town Letter responding to ZBA 2-10-05 request 2-15-05
Counsel
6. Chief William V.Dolan,NA Letter and e-mail response to ZBA 2-10-05 request 3-1-05
Fire Department
7. Mark Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1-05
NA ZBA 2-I0-05
8, One Hundred Fourteen Trust Update March 2,2005 Affordable Housing Proposal 1) 3-2-05
Waivers revised,2)Permits on hand,3)Curriculum
Vitae
9, Dermot J.Kelly Associates, Traffic Impact&Access Study 3-2-05
Inc.
280 Main Street.North
_.
Reading,MA
10. Alison McKay,NA Memorandum response to ZBA 2-10-05 3-3-05
Conservation Administrator
H. Jack Sullivan,Director of Memorandum to ZBA 2-10-05 3-3-04
En ineerin ,NA DPW
12. Lincoln Daley,NA Town E-mail response to ZBA 2-10-05 3-4-05
Planner
To 4-4-05 Lt, John Carney,NA Police Memorandum response to ZBA 2-10-05 3-16-05
13. Dept.
14. Nathalie.Wiles,89 Windsor Letter to Neighbors and Abutters,3-14-05,1)North Rec'd
Lane Andover clipping of 3-4-05,2)Letter excerpt,3)40 3-28-05
signatures
15. One Hundred Fourteen Trust Update April 4,2005 Affordable Housing Proposal 1) 3-30-05
Response to comments,2)Waivers updated 3)Site plans
updated
To 6-7-05 Ellen P.McIntyre,Chair, Letter to Heidi Griffin,Director,NA Community 4-13-05
16. North Andover Zoning Board Development re: 10.03 acres vs. 14.77 acres.
of Appeals
17. Arty. Donald F.Borenstein, Letter to Sarah Hall,MassHousing re:Entirety of 4-13-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 Chestnut St., the proposed project.
Andover,MA
18. Nathalie Wiles,89 Windsor Further 17 signatures for 3-14-05 petition 4-29-05
Lane ^�
19. NA Conservation Commission Order of Conditions for Ma 106D,Parcel 63 5-3-05�
A L cn
vz r�
Exhibit B—Documents-2005-003 -Page 1 -
Cn _�
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
20. One Hundred Fourteen"Trust A.Revised application,Special Permit form pages 2&3 5-5-OS
adding parcels 44,74,&75,and changing acreage from
10.03 to 14.77 acres.
B.Plan of Land,Lots IN,2N,3N,and 4N Berry Street
and Route 114,North Andover,Mass.Plan Date 8/23/96,
Planning Board Approval under Subdivision Control,
meeting held on 1/19/99,NERD Plan#13394 dated
February 2, 1999.
j C.Assessor's map 106D dated 6-5-01,with added 3
.-Parcels indicated.
21. Atty.Donald F. Borenstein Cover letter for the MassHousing model Regulatory 5-6-05
Agreement,Deed Rider,and Monitoring Services
Agreement
22. North Andover Zoning Board Amended legal notice adding 3 Berry Street parcels. Town Clerk
of Appeals Now 40B is Map 106.D,Parcels 63,44,74,&75= 5-13-05
14.77 ac.for 95 units
23. William M.Hickey,328 1.New information on the 40B development on Rt. 114 6-2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
Troubling Questions pp 1-5,5-27-05.3. E-mail Arty.
Borenstein&plan,revised boundaries 4-6-05. 4.Letter
to Sarah Hall,MassHousing re Town response 9-10-04.
5.MassHousing Application letter &information 6-29-
04. 6.Housing Starts Project Eligibility Application.7.
Resume,Tab J[of application package].8-15.8 sheets of
black&white sitepictures.
24. One Hundred Fourteen Trust An Update June 7,2005 booklet. A.The Merrimac 6-2-05
Condominiums Sheet 1 of 2 5-27--05.B.The Merrimac
Condominiums Parking Sheet 1 of 15-27-05.C.Site
Lighting Plan SL-1 5-27-05,D.Berry Street Proposed
Improvements Sheet I of 15-27-05.E.Dermot J.Kelly
Associates,Inc. Traffic Impact&Access Stud 5-31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet 1 of 2 rev.6-6- Rec'd.
05.B.The Merrimac Condominiums Parking Sheet 1 of 6-7-05
1,rev.6-6-05.C.Site Lighting Plan SL-1,rev.6-6-05.
D.Berry Street Proposed Improvements Sheet I of 1,
rev.6-6-05
26. One Hundred Fourteen Trust Typical Section—Building A,3 pages.[Full elevation, Rec'd.
Gara a elevation,Floorplan]no date 6-7-05
27. One Hundred Fourteen Trust Typical Section—Building B,2 pages.[Garage Rec'd.
elevation,Floorplan] 6-7-05
28, David M.Crawley Associates Mass State Building Code Analysis Ree'd,
Inc.,North Office,4 School 6-7-05
St.,Acton,MA
To 3-2-06 Stephan Hauville,Unit 1 & Letter requesting perimeter fence between 1980 6-7-05
29. Tom Diorio,Unit 3, 1980 Turnpike Street and 40B property.
Turnpike Street
30. Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-0
5
Partnership Committee Condominiums,4-22-05
Exhibit B—Documents-2005-003-Page 2
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
32. One Hundred Fourteen Trust An update July 12,2005 booklet. 1)Letter responding to Rec'd 7-6-05
June 7,2005 questions,2)Tabular Data[3 p.],Amended
Order of Conditions,5/3/2005,3)undated e-mail to
! Heidi Griffin,Jacki Byerley from Chief Dolan re: the
proposed building on Rte 114,4)David M.Crawley
Assoc.Inc.Architects-The Merrimac Condominiums
7/6/05,Building A Floor Plans A1.00,A1.01,Elevations
A2.01,A3.0I,Building Section A4.01,Building B Floor
Plan A5.00,Floor Plans A5.01,Elevations A6.01,
Buildina A7.01,6)DJK Curbcut Permit Plan,04105105.
33. Patrick C.Garner,Patrick C. A)The Merrimac Condominiums,Route 114,North Rec'd 7-6-05
Garner,Company,Inc., 109 Andover,Mass.5/27/05,6/6/05,7/1/05,sheet 1 of 2,B)
Whitney Street,Northborough, The Merrimac Condominiums Parking,North Side of
Mass. 01532&Kanayo Lala, Route 114,North Andover,Massachusetts May 27,
Professional Engineer,Four 2005,6/6/05,7/01/05 sheet 1 of 1
j West Road,West Actor,MA
01720
34. Patrick C.Garner,Patrick C. C)Berry Street Proposed Improvements Sheet I of 1 Rec'd 7-6-05
Garner,Company,Inc., May 27,2005,revisions July I,2005,
35. Patrick C.Garner,Patrick C. D)The Merrimac Condominiums Site-Lighting,North Ree'd 7-6-05
Garner,Company,Inc.,& Side of Route 114,03/08/05,E)The Merrimac
Kanayo Lala,Professional ': Condominiums Site-Lighting,North Side of Route 114
Engineer @ Berry Street,07/05/05
36. David M.Crawley Associates The Merrimac Condominiums,Rte 114&Berry St, Rec'd 7-6-05
Inc. North Andover,MA,Floor Plans,7/05/05,sheets S-A.1,
S-13.1,S-ABI
37. MINCO Corporation,231 A Fiscal Impact Study prepared for One Hundred 7-5-05
Sutton Street,North Andover, Fourteen Trust,27 p,&Addendum I-Profit Analysis
MA Provided by Client&Addendum II-Scenario 2:
Number of Students at Breakeven
38, Timothy B.McIntosh,P. E., Review of Merrimac Condominiums application 7-11-05
Vanasse Hangen Brustlin,Inc.,
101 Walnut Street,
Watertown,MA
39. P.L.Hingoran.i,Trustee,One Letter requesting working session with a Subcommittee 7-12-05
Hundred Fourteen Trust of the board.
40. One Hundred Fourteen Trust A.Offer Alternates to North Andover ZBA,B.Alternate 8-25-05
1 The Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05
41. NA ZBA Memo to Peter Hingorani on first response to the 8-22- 9-8-05
05 drawings
42. One Hundred Fourteen Trust e-mail describing alternatives 1 through 5,with 3 PDF 1-23-06
C attachments: Alternate#3-Patrick C.Garner,Patrick C.
Garner,Company,Inc.,64-Chap.40B Residences,
North Andover,Mass.Jan. 12,2006,Alternate#4-[96]
Proposed Multi-Family Units,Jan.07,2006,
Alternative#5- 112 Multifamily Units,Jan. 10,2006,
and I CAD
; 43. Patrick C.Garner,Patrick C. Single&Multi-Family Units,56-Chap.40B Ree'd
Garner,Company,Inc., 109 Residences North Andover,Mass.,CD Patrick C.Garner 2-23-06
Whitney Street,Northborough, 2005,Feb.20,2006,Feb. 22,2006.
Mass.01532
Exhibit B-Documents 2005-003-Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
44. NA ZBA Legal notice hearing continues 3-2-06&56 units down Town Clerk
from 95 2-24-06
45, Lt.Andrew Melnikas,NA FD e-mail:Plan needs more detail,i.e.Hydrants& 2-28-06
s rinklers
46. Lt. Andrew Melnikas,NA FD e-mail 3-1-08 meeting result: residential sprinklers& 3-1-06
hydrants every 500',FD can accept 18'roadway
i 47. Alison McKay,NA Memo re: 56 Single&Multi-family concerns about 3-1-06
Conservation Administrator bridge,building setbacks from wetlands,trail,&
proposed ARAD
48. North Andover Housing Criteria for Measuring the Appropriateness of Chapter 3-2-06
Partnership Committee 40B Projects,6/1/04
44. One Hundred Fourteen Trust Letter and charts re:Replace the two,5 story buildings 3-2-06
(with parking under) ...with 56 3-bedroom,single&
multi&remove 1N,2N,and 3N from theapplication...
4-25-06 Comm.of Mass.Superior Summons:Keeper of Records all documents re: 3-6-06
50. Court,Civil Action No. Variance dated 4-11-01
_ ESCV2002-01931
51 Patrick C. Garner,Patrick C. Single&Multi-Family Units 56—Chap.40B Residences 3-14-06
T Garner,Company,Inc. North Andover,Mass. ,Mar. 14,2006,Sheet I of 1
52. One Hundred Fourteen Trust e-mail Excel worksheets: 1)Build cost$per SF—Inner 3-29-06
&End units,3/24/2006;2)Discounted Cash Flow
Analysis 3-19-06;4)Proforma 3-23-06;5)ZBA$Per
SF Builders Cost 3/192006
53. One Hundred Fourteen Trust An Update April 25,2006 Affordable Housing Proposal: Rec'd.4-18-
1)Kathleen M.Burns,MassHousing letter April 12, 06
2006 PE-267 Project Eligibility(Site Approval),2)
Architecturals[5 drawings dated 3/3/06,3/17/06&n.d.],
3)Dermot J.Kelly Associates,Inc.April 14,2006
response to VHB July 11,2005 report[13 pages],4)
Proforma 3-23-06[11 pages]5)Waivers 6)Patrick C.
Garner Co.,Inc.-Single&Multi-Family Units,56—
Chap.40B Residences North Andover,Mass.,Mar. 14,
2006,May 4,2006,May 30,2006,sheets 1-4,7)Patrick
C.Garner Co.,Inc. -Plan for ANRAD Lots 1-N dim 4-
N,3-8-06,rev.,4-18-06,5-8-06,5.10-06 sheet 1 of 1,8)
DJK Route 114 Curbcut Permit Plan#457,3/15/06,sheet
I of 1.
54, North Andover Housing Criteria for Measuring the Appropriateness of Chapter Rec'd
I
Partnership Committee 40B Projects,6/1/04 4-25-06
Exhibit B—Documents-2005-003 -Page 4
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 6-28-06 One Hundred Fourteen Trust An Update June 8,2006 Affordable Housing Proposal Recd
55. 1)Patrick C.Garner Co.,Inc.-Single&Multi-Family 5-30-06
Units,56-Chap.40B Residences North Andover,
Mass.,Mar.14,2006,May 4,2006,May 30,2006,
sheets 1-4&Proposed ANR Plan,Lots 1 N-A thru 3N-A,
May 30,2006 2)Patrick C.Garner Co.,Inc. -Plan for
ANRAD Lots 1-N thru 4-N,3-8-06,rev.,4-18-06,5-8-
06,5-10-06 sheet I of 1;3)David M.Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5/26/06,
A1.01,A2.01,Front Elevations,4/25/06 A3.01,
Elevations 5/26/06,A4.01;4)NA Conservation
Commission,Order of Resource Area Delineation,
5/25106;5)Waiver s[requested];6)Proforma 5-22-06&
6)Kanayo Lala 21-May-06 Preliminary Bid based on
Plans dated 5/11/06 7);7)DJK Ietter requesting
MassHighway application curbcut 5-22-06,8)DJK
Route 114 Curbcut Permit Plan##457,3/15/06,sheet 1 of
To 8-I O-Ob One Hundred Fourteen Trust An Update June 8,2006,duplicate of above Rec'd.7-5-06
56.
57. EllenP.McIntyre,Chair, Request Town Boards/Departments response to Update 7-6-06
AZBA
NJune 8,2006
58. _ Susan Sawyer,NA Health Response to Update 6-8-06 pamphlet;on sewer=no 7-10-06
Administrator Health 'urisdiction
59, William V.Dolan,Chief,NA Response to Update 6-8-06;density of the structures;all 7-10-06
FD units should be sprinkled;some must be
60. Patricia A.Leavenworth,P.E., Letter to Dermot J.Kelly re: Merrimac Condominium 5-30-06
District Highway Director, curbcut onto State route 125,Turnpike Street
MassHi hwa
61+ George F.Koehler,Chair, Letter to Peter(Pribhu)L.Hingorani requesting 6-9-06
North Andover Housing inclusion of play areas for children of 3 BR
Partnership Committee develo ment.
62. Curt Bellavance,Director, Memo to Board of Selectmen re:site located on 7-21-06
Community Development Turnpike Street
63. Alison.McKay,NA Merrimack Condominiums-Berry Street/Turnpike 8-3-06
Conservation Commission Street,Applicant-One Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 84-06
P.'r.O.E.,Judith Nitseb Condominiums 40B,Turnpike Street(Route 114)[1$`)
Engineering,Inc., 186 Lincoln
Street,Suite 22,Boston,MA
65. Patrick C.Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,Route 7-27-06
Garner,Company,Inc. I l4,North Andover,July 27,2006[4 pages)&26
-August, 1998132 pages+ 133, 134],received 8-8-06
66. Patrick C.Garner,Patrick C. Cover letter to Joseph D.Peznola,PE re:Hydrology, 7-28-06
Garner,Com an ,Inc. Merrimac Condominiums received 8-8-06
67. Patrick C.Garner,Patrick C. Patrick C.Garner Co.,Inc.-Single&Multi-Family Rec'd 8-8-06
J Garner,Company,Inc. Units,56-Chap.40B Residences,North Andover,
Mass.,July 27,2006,sheets 1,2,3,4 of 8;Pre-&Post-
Watersheds,Sheet 5 of 8,Utility&Drainage Sheet,
sheets 6,7,8 of 8
j 68. 1 Lincoln Daley,NA Town Planning Board preliminary review Merrimac Rec'd.
Planner J Condominium 40$project 3 pages] 8-9-06
Exhibit B-Documents-2005-003-Page 5
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
69, Dermot J.Kelly Associates, August 10,2006 Response to Traffic Peer Review 8-10-06
Inc. Memorandum, 11 pages,&Appendices: 1)Nitsch
Traffic Peer Review 84-06,7 pages,2)Accident Data
and Accident Rate Calculations,3)Background trip
generation,4)Level of Service Analysis,&5)The
March 16,2006 North Andover Fire Department
comment memorandum and the July 10,2006 North
Andover Fire D artment comment letter.
To 9-28-06 NA Board of Selectmen Merrimac Condominium Comprehensive Permit 8-14-06
70. [comments]recommending Board not waive regulatory
boards and commissions right to review...
71. Joseph D.Peznola,P.E., Engineering Peer Review,The Merrimac Condominiums 8-28-06
Hancock Associates,28 Lord
Road,Suite 280,Marlboro,
MA
72, Lt.John Carney,NA PD Police review:2 concerns,street lighting& 18'wide 9-11-06
roadways vs..guest parking.
73. Eugene P.Willis,P.E., Merrimac Condominiums 40B ...traffic review;concurs 9-20-06
Director of Engineering,NA with Nitsch Engineering report August 4,2006,
DPW specifically,the LOS analysis
74. Dermot J.Kelly Associates, DJK&Proponent's answer to JNEI Traffic Peer Review 9-21-06
Inc.
75. Patrick C.Garner Company, Hancock Engineering Peer Review[response] 9-21-06
Inc.
76. One Hundred Fourteen Trust "An Update[to]September 28,2006"
' 1)Patrick Garner response to Con Com&Planning 8-14-06
Board. 2)Patrick Garner response to Hancock 9-22-06
Engineering Hydrology Comments 3)One Hundred
i Fourteen Trust Tabular Data[2 pages]4)Patrick C. 9-22-06
Garner Co.,Inc.—Single&Multi-Family Units,56—
Chap.40B Residences,North Andover,Mass.,July 27,
2006,Sept 20,2006,Sept 22,2006,sheets 1,2,3,4 of 8;
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
Drain Le Sheet,sheets 6,7,8 of 8.
77. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 9-27-06
Judith Nitsch Engineering, Condominiums[tad]
Inc.
78. Joseph D.Peznola,P.E., Engineering Peer Review,Second Review,The 9-28-06
Hancock Associates Merrimac Condominiums
To 11-2-06 Joseph D. Peznola,P.B., Engineering Peer Review Third Review,The Merrimac 10-26-06
79. Hancock Associates Condominiums
Exhibit B Documents-2005-003-Page 6
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
80. One Hundred Fourteen Trust An Update November 2,2006: 1)Faxed response of NA Rec'd
Public Schools,location of bus shelter 10/24/06;2) 10-27-06
Response to Joseph Peznola peer review 9-26-06;3)
David C.Crawley,Typical Building Cross Section,Floor
Plans A1.01 &A2.01,Front Elevations A3,01,
Elevations A4.01,4-2?-06 4)Waivers,5)Proforma 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA;6)Kanayo Lala 10/25/2006 Preliminary Bid based
on Plans dated 10/20/06 7);Dermot J.Kelly cover letter
&Appendix A.DJK Letter to MassHighway 5-22-06,B.
MassHighway to DJK 5-30-06&C.fire emergency
vehicle graphics SU-30 accessing units 5,7,&55,
10/24/06,[3 sheets]7 8)Patrick C.Garner Co.,Inc.—
Single&Multi-Family Units,56—Chap.40B
Residences,North Andover,Mass.,July 27,2006,Sept
20,2006,Sept 22,2006,Oct 17,2006,sheets 1,2,3,4 of
8;Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
Drainage Sheet,sheets 6,7,8 of 8.
81. Michael H. Jacobs,Michael 1)Merrimac Condominiums Financial Analysis,North 10-27-06
Jacobs MHJ Associates,41 Andover Zoning Hoard of Appeals,4 pages,2)Base Pro
Coolidge Street,Brookline, Forma[3 pages],3)Adjusted Pro Forma[2 pages]
MA
82. Douglas C. Prentiss,P.E., Traffic Peer Review[update] 11-1-06
Judith Nitsch Engineering,
Inc.
To 12-1.9-06 One Hundred Fourteen Trust Letter to Michael Jacobs re:Draft Pro Forma eliminating 11-9-06
83. 7 townhouse units&adding three single-family houses
on Berry Street[on N 1,N2,&N3 [MI 06.DP44,74,
&75
84. One Hundred Fourteen Trust Proforma 49- 3 11/13/06
85. Ellen P.McIntyre,Chair,NA Memo inviting Conservation Commission to 12-19-06 11-15-06
' Z.BA
86. Patrick C. Garner Company, Village Concept,Version 2B&Version 2C,Single& 12-15-06
Inc. Multi-Family Units,56—Chap.40B Residences,North
Andover,Mass.,July 27,2006,Sept 20,2006,Sept 22,
2006,Oct 17,2006, 12/07/06,12/11/06, 12/12/06,
12/14/06
87. Atty. Donald F.Borenstein Letter requesting 12-19-06 be continued to 1-16 or 18-07 Town Clerk
Johnson&Borenstein, 12 12-26-06
Chestnut Street,Andover,MA
Exhibit B Documents-2005-003 -Page 7
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 1-23-07 1 One Hundred Fourteen Trust An update January 23,2007[52 units;49+3] 1)David 1-16-07
88. ( M.
Crawley,Registered Architect#1082-Typical Front
Elevation Five Unit Complex JI-J5,5 Unit Complex Jl-
J5,first floor plan,Typical unit AA,BB first&second
floor plans,Typical unit CC,DD first&second floor
plans,Typical Double Unit EE first,second,third floor
plans,Typical Building Cross Section,[6 p.],January
15,2007 2)Houses on Berry Street,Integrity Design,
498 Great Road,Acton,MA Owner/Builder Trust
Development,Plan 2 Federal,[8 pages]Grafton,MA
November 2,2006(D 2006 3)Proforma,4)Waivers,5)
Plans,6)Dermott J.Kelly-Letter 1-12-07 to D.
Prentiss,7)DJK-Route 114 Curbcut Permit Plan
01/10/07&Patrick C. Garner-Multi-Family Units 49-
Chap.40B Units 1/05/07,1/09/07 1-3 sheets,Patrick C.
Garner-Landscape Plans,49-Chap.40B Units, 1-2
sheet<5,n.d.
89. NA ZBA NA ZBA&Conservation Commission meeting notice Town Clerk
1-18-07
To 3-13-07 I Patrick C. Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units, 2-23-07
90. 1 Garner,Company,Inc. Route 114,North Andover,[10 p.],88 pages,July 27,
2006,R 2/23/07
91. One Hundred Fourteen Trust An Update March 13,2007 10 1)Proforma 04-Mar-07, Rec'd
2)David C.Crawley,8-1/2x1 i of below,3)DJK Route 3-13-07
114 Curbcut Permit Plan 3-4-07&4)Patrick C.Garner-
Multi-family units 49 40B Units 2-23-07 sheets 1-7,
f Watershed Areas 2.23-07sheet 1,5)David M.Crawley-
Floor Plans 1-23-07 A1.01 &A2.01 &Fiveplex Plan&
J Elevations,A3.01,6)Patrick C.Gamer-Proposed ANR
Plan Lots IN-A thru 4N-A,May 30,2006,rev.Aug-9,
2006 sheet 1
To 3-29-07 Susan Sawyer,NA Public Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
92. Health Director Update"show on site dum seers if private trash disposal.
93. One Hundred Fourteen Trust e-mail&attached 3-22 Proforma&3-23-07 letter to M. 3-23-07
Jacobs
94. Timothy J.Willett&Eugene Response to 3-13-07 One Hundred Fourteen Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One Hundred Fourteen Trust An Update April 10,2007,Affordable Housing 3-27-07
95. Proposal: 1)Proforma,2)Kanayu Lala Engineering
Estimate,3)Zoning Chart,Zoning District(B4 for lot
#N4)4)Proposal Meets the Following Criteria of the
Zoning Bylaw[3 pages],5)Waivers,Permits and
Exemptions to Town of No.Andover By-Laws and
Rules and Regulations,7 pages,6)Patrick C.Garner-
Typical Roadway Section 10-16-06,7)Patrick C.Garner
-Watershed Areas 3-22-07,Sheet 1,-Patrick C.Garner
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
Garner Proposed ANR Plan,May 30,2006,Aug 9,
2007,3/26/07 Sheet 1
96. Patrick C.Garner,Patrick C. Patrick C.Garner&Kanayo C.Lala,R.P.E.,No.337I0- 3-26-07
Garner,Company,Inc.& C-HydroIogical Study,July 27,2006,rev 2/23/07,
Kanayo C. Lala,R.P.E.,No. 3/26/07,[cover, I 1 pages] 128 pages.
33710-C
Exhibit B-Documents-2005-003 -Page 8
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
97. One Hundred Fourteen Trust e-mail&PDF of M.Jacobs e-mail correspondence re: 3-28-07
_ fiscal anal sis of Berry Street houses
yH• Douglas C. Prentiss,P.E., Nitsch Project#6139 [3d traffic peer review,2 pages] 3-29-07
Judith Nitsch Engineering,Inc
99• One Hundred Fourteen Trust e-mail Berry Street information&PDF of attachments 3-29-07
numbered 8,9,4,1,7,5,6&2 elevations&floorplans)
100. 'Michael H. Jacobs,Michael e-mail&PDF of Merrimac Condominiums Update to 4-2-07
Jacobs MHJ Associates Financial Analysis April 2,2007[10 pages]
101 Joseph D. Peznola,P.E.,
Hancock Associates Engineering Peer Review,Fourth 4-2-07
Hancock Associates review 18 pages]
102. One hundred Fourteen Trust Composite Updates April 10,2007[documents from 2-9- Rec'd 4-3-07
05 application to"An Update 4-10-07'in 3-1l2"binder]
103. Patrick C.Garner,Patrick C. e-mailed 4-5-07 letter to J.Peznola,Hancock re: 4-5-07
Garner,Company,Inc. Wetland Waiver Narrative&44-07 letter to NA ZBA
Narrative for Wetlands By-law Waiver Issues,
Merrimack Condominiums,5 pages.
To 5-347 Atty. Donald F.Borenstein Letter dated 4-5-07 requesting that the public hearing be 4-5-07
104. closed.
105. j Joseph D.Peznola,P.E., Summary of Outstanding Issues[9 issues,3 pages] 4-10-07
Hancock Associates
106. One Hundred Fourteen Trust Town Comments and Consultant Reviews April 10,2007 4-10-07
compilation booklet
107. One Hundred Fourteen Trust NHESP file 07-21329(Natural Heritage&Endangered 4-17-07
_ Species Program)plan.booklet
10$. William V,Dolan,Chief,NA e-mail—OK with last revision 4-26-07
I FD
109, Alison McKay,NA Memorandum[Response to April 17,2007]agreeing 4-26-07
Conservation Administrator with the Hancock 4-2-07&4-10-07
To 5-9-07 One Hundred Fourteen Trust 1)Multi-family units,49—Chap.40B Residences,North Rec'd 5-4-07
110, Andover,Mass.sheet 1 of 7;3-22-07,2)Building
Layout Plan,49 Chap.40B Residences,North
Andover,Mass.sheet 2 of 7,4-6-07;3)Building Layout
Plan,49—Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3-22-07;4)Drainage&Util.Plan,49—
Chap.40B Residences,North Andover,Mass.,sheet 4 of
7,3-22-07;5)Drainage&Util.Plan,49 Chap,40B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6)Landscaping Plan,49—Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07;7)Landscaping
I Plan,49—Chap.40B Residences,North Andover,Mass.,
sheet 7 of 7,3-22-07; 8)Proposed ANR Plan,Lots IN-A
thru 4N-A,North Andover,Mass.,sheet 1 of 1,3-26-
07&CD of the 8 plans.
To 6-12-07 Lt.John Carney,NA PD Memorandum responding to 4-6-07 site plans,concerned 5-11-07
111. that I car garage for 3 bedrooms causes stacked parking
or on-street parking;police recommend against on-street
parking.
To 6-28-07 Under Advisement
Exhibit B—Documents-2005-003 -Page 9
MERRIMAC CONDOMINIUMS EXHIBIT A `' ►V E_D
Til`
Final Waivers Granted by the ZBA from the North Andover B,y-Laws and Rules and Regulations
2001 SEP 19 Ed 7: 58
I,Section _Criterion —_ - Requirement eguest dWai eM& ZBBe Vote
EM=Ellen
f JL=Joseph D.LaGrasse
AM =Albert P.Manzi III
' TI=Thomas D. Ippolito
RV=Richard M.Vaillancourt
3 own of North y-law contains 25'no-disturb zone Applicant requests waivers from the 25' and 50' no-disturb/no-build zones as set forth
[Andover Wetland and 50' no build zone from herein and as indicated on the Site Plan of record.
Protection By-law Bordering Vegetative Wetland line. EM&JL&TI&RV=GRANT;AM=DENY
and Regulations
3.1 EphemeraI Pools 50-foot No-Disturbance Zone Applicant requests a waiver to build units,retaining walls,roads and storm water
management devices in this zone as shown on the Site Plan of record.
I �EM&JL&TI&RV=GRANT;AM=DENY
3.1 I phemeral Pools 5-foot No-Build Zone pplicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY
�3.2 Isolated Vegetated 5-foot No-Disturbance Zone pp
elicant requests a waiver from this requirement. Final plans to show replication as
Wetland("IM")) Compensation of 2:1 is required commended by North Andover Conservation Commission
�
Section 6.1 --_ ;M&JL&TI&RV=GRANT;AM=DENY
—- --
.2 Isolated Vegetated 650-foot No-Build Zone ;Applicant requests a waiver from this requirement. Final plans to show replication as
! etland("IVW") Compensation of 2:1 is required arecommended by the North Andover Conservation Commission
Section 6.1) M&JL&TI&RV=GRANT;AM=DENY
(3.4 Permit Applications 5-foot No-Disturbance Buffer pplicant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,-if&D,or
I+ I ne erry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25'
o-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A
i s shown on the Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY
3.4 1Vegetated Wetland 0-foot No-Build Zone Applicant requests a waiver for houses 1N-A, 2N-A and 3N-A a/k/a Parcels B,C &D on�
Alteration Berry St. to build houses,appurtenances and a sanitary sewer through a portion of the 50'I
jno-build zone, as well as a waiver to build all units, and associated items on Lot 41,4-A as
shown on the Site Plan of record.
� M&JL&TI&RV=GRANT; AM =DENY
Exhibit A Waiver-2005-003-page I
Section Criterion Requirement _ e ucueested Waiver&ZBA Vote:
5.3 egetated Wetland Alteration of Wetlands under WPA Applicant requests a waiver from this requirement. Final plans to show replication as i
teration and Bylaw ISW combined not to recommended by the North Andover Conservation Commission.
exceed 5000 SF may be granted. EM&JL&TI&RV=GRANT;AM=DENY
0 toren water ommission has more restrictive Applicant requests a waiver that applicant be held to the standards defined in WPA.
Management and Flood equirements than state. &JL&TI&RV=GRANT;AM=DENY
Control
North Andover
onin B law:
.129 B4 Buildings and Uses Multi family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1. permitted in B4 Zone record.
Summary of use EM&JL&TI&RV=GRANT;AM=DENY
e ulations
.123.7 Signs Real Estate Sign not to exceed 24"x Applicant requests a waiver to allow a 2'x4' permanent sign bearing the name of the
6" development at the entrance,as well as a 4'x8'marketing sign until all units are sold.
JL&TI&RV=GRANT;EM&AM=DENY
X1.2 hased Developmenthased development bylaw. pplicant requests a waiver from all phasing requirements.
j Maximum lots developed per year M&3L&TI&RV=GRANT;AM=DENY
{20%of total of 56} 11
.._.-._.
Dimensional able 2
equirements able of Dimensional
a
Zone-B4 a uirements _
-..
3 j ards{setbacks) root setback of 100' on Rte 114 pplicant requests- a waiver to 12'.
L&TI&RV=GRANT- EM&AM=DENY
8.4.2 Screening and Requires a strip of 6' wide with pplicant requests a waiver to allow wooded area between units and property line to be
Landscaping rees and shrubs and a fence of at left natural per NRESP request that no disturbance occur in this area.
;Requirements abutting 1least 6'high. L&TI&RV==GRANT;EM&AM=DENY
presidential district
-_{Ila�erty on West).
Exhibit A Waiver-2005-003-Page 2
Section Criterion Requirement---'- Requested Waiver&ZBA Vote:
Subdivision Rules and
egulations _.---
2 unit the number of Limit one dwelling on any lot pplicant requests permission for building 49 dwellings on 10.8 acre lot
dwellings M&JL&TI&RV=GRANT;AM=DENY
8.1 Street standards for Min.Centerline Radius-225' Applicant requests a waiver to 170'as shown on Site Plan of record.
minor street ! L&TI&RV=GRANT; EM&AM=DENY
16.8.I iStreet standards for Min.turnaround pave dia.100' Applicant requests a waiver to Was shown on Site Plan of record.
t_ minor street &T 1&RV=GRANT;EM&AM=DENY
Exhibit A Waiver-2005-003-Page 3
1►
MERRIMAC CONDOMINIUMS EXHIBIT A
'p OI
Final Waivers Granted by the ZBA from the North Andover By-Laws and Rules and Regulations I l
2001 SPP 19 Ply 7: 58
1.eF Criterion Requirement Requested Waiver&ZBA Vote
t ___-- _ EM=Ellen P.McIntyre
JL=Joseph D.LaGrasse
AM =Albert P.Manzi III M AS Sk` t
TI=Thomas D. Ippolito
RV=Richard M.Vaillancourt
3 own of NorthBy-law contains 25'no-disturb zone Applicant requests waivers from the 25'and 50' no-disturb/no-build zones as set forth
Andover Wetland and 50'no build zone from herein and as indicated on the Site Plan of record.
Protection By-law Bordering Vegetative Wetland line. EM&J.L&TI&RV=GRANT;AM=DENY
and Regulations
IEphemeral Pools 0-foot No-Disturbance Zone Applicant requests a waiver to build units,retaining walls,roads and storm water
management devices in this zone as shown on the Site Plan of record.
_ �EM&JL&TI&RV=GRANT;AM=DENY
1 phemeral Pools 5-foot No-Build Zone pplicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY
3.2solaced Vegetated 5-foot No-Disturbance Zane pplicant requests a waiver from this requirement. Final plans to show replication as
Wetland("IVW") Compensation of 2:1 is required recommended by North Andover Conservation Commission
__ Section 6.1 _ &JL&TI&RV=_G_RANT;AM=DENY
2 Isolated Vegetated PO-foot No-Build Zone Applicant requests a waiver from this requirement. Final plans to show replication as
f etland("IVW") Compensation of 2:1 is required i. ecommended by the North Andover Conservation Commission
Section 6.1 `E_M&JL&TI&RV=GRANT;AM=DENY
.4 _ermit Applications 5-foot No-Disturbance Buffer pplicaut requests a waiver for houses 1N-A,2N-A and 3N A a/k/a Parcels B,C&D,o
Zone erry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25'
! o-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A
i
is shown on the Site Plan of record.
&JL&TI&&RV=GRANT;AM =DENY
3.4 'Vegetated Wetland 0-foot No-Build Zone Applicant requests a waiver for houses 1N-A, 2N-A and 3N-A a/k/a Parcels B,C &D on�
Iteration Berry St.to build houses,appurtenances and a sanitary sewer through a portion of the 50'
j o-build zone, as well as a waiver to build all units, and associated items on Lot 4N-A as
j shown on the Site Plan of record.
�M&JL&TI&RV=GRANT;AM=DENY --_
Exhibit A Waiver-2005-003-Page 1
a
Section _ Criterion — Requirement Requested Waiver&ZBA Vote:
5.3 egetated Wetland Alteration of Wetlands under WPA Applicant requests a waiver from this requirement. Final plans to show replication as
Alteration and Bylaw ISW combined not to reconuriended by the North Andover Conservation Commission.
exceed 5000 SF may be ranted. M&.JL&TI&RV=GAM–DENY RANT; _ ___ �_ �..�_.�
7.0 torte water Commission has more restrictive pplicant requests a waiver that applicant be held to the standards defined in WPA.
Management and Flood requirements than state. M&JL&TI&RV=GRANT; AM=DENY
Control
North Andover
Zoning Bylaw:
4.129 B4 Buildings and Uses Multi family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1, permitted in B4 Zone record.
Summary of use M&JL&TI&RV=GRANT;AM=DENY
e ulations
.123.7 SignsReal Estate Sign not to exceed 24" Applicant requests a waiver to allow a 2'x4' permanent sign bearing the naive of the
6" development at the entrance,as well as a 4'x8'marketing sign until all units are sold.
JL&TI&RV=GRANT;EM&AM=DENY
4.2TJ iased Development 'Phased development bylaw. pplicant requests a waiver from all phasing requirements.
f Maximum lots developed per year M&JL&TI&RV=GRANT;AM=DENY
(20%of total of 56)=11
Dimensional Table 2
equirements able of Dimensional
Zone–B4 ReauiKements
.3 1ards(setbacks) Front setback of 100' on Rte 114 pplicant requests a waiver to 12'.
L&TI&RV=GRANT; EM&AM=DENY
8.4.2 Iscreening and Requires a strip of 6' wide withApplicant requests a waiver to allow wooded area between units and property line to be
Landscaping trees and shrubs and a fence of at left natural per NHESP request that no disturbance occur in this area.
!Requirements abutting least 6'high. L&TI&RV =GRANT;EM&AM=DENY
�h-esidential district
Exhibit A Waiver-2005-003-Page 2
Section Criterion I Requirement Requested Waiver&ZBA Vote:
ubdivision Rules and
(2.2 ,m=t the number of L mmit one dwelling on any lot ppli-ca nt requests permission for building 49 dwellings on 10.8 acre lot
_ dwellings EM&JL&TI&RV=GRANT;AM=DENY
.8.1 Street standards for Min.Centerline Radius-225' ;Applicant requests a waiver to 170'as shown on Site Plan of record.
minor street JL&TI&RV=GRANT; EM&AM=DENY_
16.8.1 IStreet standards for Min..turnaround pave dia.100' pplicant requests a waiver to Was shown on Site Plan of record.
[_. )tninor street &TI&RV=GRANT;EM&AM=DENY
Exhibit A Waiver-2005-003-Page 3
MERRIMAC CONDOMINIUMS EXHIBIT A
Final Waivers Granted by the ZBA from the North Andover By
�--Laws and Rules and Re uulations
2011 S E P 19 1
Section Criterion Requirement eguested Waiver&ZBA Vote:
EM=Ellen P.McIntyre
i JL=Joseph D.LaGrasse i
{i ynt
� 4 AM =Albert P.Manzi III - I
TI=Thomas D. Ippolito
RV=Richard M.Vaillancourt
6.3 own of North y-law contains 25'no-disturb zone Applicant requests waivers from the 25'and 50' no-disturb/no-build zones as set forth
I
�ndover Wetland and 50' no build zone from herein and as indicated on the Site Plan of record.
Protection By-law Bordering Vegetative Wetland line. EM&JL&TI&RV=GRANT;AM=DENY
and Regulations _-fo
X3.1 Ephemeral Pools �50ot No-Disturbance Zone a waiver to build units,retaining walls,roads and storm water
4nanagement devices in this zone as shown on the Site Plan of record.
EM&JL&TI&RV=GRANT; AM=DENY
13.1 ;Ephemeral Pools �5-foot No-Build Zone pplicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY
3.2 isolated Vegetated �5-foot No-Disturbance Zone }Applicant requests a waiver from this requirement. Final plans to show replication as
errand(1111,/W") ompensation of 2:1 is required recommended by North Andover Conservation Commission
_ (Section 6.1). �M&JL&T_I&RV__GRANT;AM=DENY
Vegetated _
3.2 Lolated Ve
g ;50-foot No-Build Zone Applicant requests'a waiver from this requirement. Final plans to show replication as
!Wetland("IVW") Compensation of 2:1 is required recommended by the North Andover Conservation Commission
__ Se_ction 6.1 . _ 'EM&JL&TI&RV=GRANT;AM=DENY
13.4 �ermit Applications 5-foot No-Disturbance Buffer pplicant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,C&D,on
IIZone Berry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25'
no-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A
j as shown on the Site Plan of record.
_ _� _ _ _ _FEM&JL&TI&RV=GRANT;AM= DENY
Vegetated
3.4 �Alterat on Wetland X50-foot No-Build Zone �gerry St.to build houses, and a sanitary sewer through Parcels portion of the 50'
' I
l no-build zone,as well as a waiver to build all units, and associated items on 1,ot 4N-A as
shown on the Site Plan of record.
�,M&JL&TI&RV=GRUNT;AM= DENY
Exhibit A Waiver-2005-003-Page I
�ectIon Criterion Requirement Requested Waiver&ZBA Vote:
3 Megetated Wetlandalteration of Wetlands under WPA Applicant requests a waiver from this requirement. Final plans to show replication as
Alteration d Bylaw ISW combined not to ecommnded by the North Andover Conservation Commission.
exceed 5000 SF may be granted. M&JL&TI&RV=GRANT;AM=DENY
.0Storm water ommission has more restrictive Applicant requests a waiver that applicant be held to the standards defined in WPA.
L —Management and Flood'�requirements than state. M&JL&TI&RV=GRANT; AM=DENY
trol
North.Andover
ning Bylaw: --
129 B4 uildings and Uses uld family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1. permitted in B4 Zone record.
Summary of use EM&JL&TI&RV=GRANT;AM=DENY
e�ations �__---
1 .123.7 'Signs Real Estate Sign not to exceed 24" pp 'cant requests a waiver to allow a 2'x4' permanent sign bearing the name of the
6" evelopment at the entrance,as well as a 4'x8'marketing sign until all units are sold.
JL&TI&RV=GRANT;EM&AM=DENY
4.2 (Phased Development ' hased development bylaw. Applicant requests a waiver from all phasing requirements.
j Maximum lots developed per year EEM&JL&TI&RV=GRANT;AM=DENY 1
(20%of total of 56)--1
imensional Table 2 i
equirearents able of Dimensional
iLone—R4 Requirements
7.3 ;Yards(setbacks) Front setback of 100' on Rte 114 pplicant requests a waiver to 12'.
PL&1 _� p -- AppTI&RV�GRANT_EM&AM—DENY
TRequires property
8.4.2 jScreenin and e uires a strip of 6' wide with licant re uests a waiver to allow wooded area between units and ro ert line to be
;Landscaping trees and shrubs and a fence of at eft natural per NHESP request that no disturbance occur in this area.
;Requirements abutting iteast 6' high. PL&TI&RV GRANT; EM&AM=DENY
! 4residential district i
Ila erty on West).
Exhibit A Waiver-2005-003-Page 2
Section T Criterion---- Requirement a uested Waiver&ZBA Vote:
Subdivision Rules and
Regulations III
Y2 (Limit the number of Limit one dwelling on any lot pplicant requests permission for building 49 dwellings on 10.8 acre lot
'.dwelli�s _—_-- _-- --- _M&JL&TI&RV_=GRANT;AM DENY
8.1 1St nor street
arils for ;Min.Centerline Radius-225 �'ppTI&R VuG tSRANT;F,M&AM DENY a—wa-wer to 170'as shown on Site Plan of record.
- - -
I
+6.8 1 iStreet standards forMin turnaround pave dia.100' pplicant requests a waiver to 66'as shown on Site Plan of record.
Minor street &TI&RV=GRANT; EM&AM=DENY
Exhibit A Waiver-2005-003-Page 3
s Town of North Andover Town ClcrkTime Stamp
ZONING BOARD OF APPEALS I '
Albert P.N u)zi III,I sc1. Chairman � (� r - r
I11 n P MC111t re "ORTH
Richard J.Byers,E,,q.E,, Gerk O �ttiao 'd. q.0
4...� 7 ��-+P /9 /p�yq
1<>�ep}7 D.I-9�rraSJ(, �� � ..a. 6 �� C0/ �t»{ 1 ✓ ! 1f �' 10
DaMd R.Webster
Asaariate M,,P)12ers
lhomas D. Ippolito "o _
`b
Richard M. � iillancoiirt 'ti*+�w�rso^��.� ��A 53
Daniel S.Braese,Esd.
FINDINGS AND DECISION
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11, 2007
PROCEDURAL HISTORY
1. On or about February 9,2005, One Hundred Fourteen Trust, 51 Mount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals(Board), pursuant to G.L. c. 40B, to construct an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct"for sale" ninety-five(95)condominium dwelling units,
consisting of two structures to be called "Merrimac Condominiums" (the"Development"). As
proposed, the Development would be located on a site with approximately14.77+/-acres of
land being Map 106D, Lots 63, 75, 74, and 44 (hereinafter,the Subject Property). Portions of
the Subject Property are located in the B4, R2 and VR zoning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein,the Subject Property is proposed to
be re-divided into 4 parcels, a.)Parcel A a/k/a Lot 4N-A consisting of 10.8 acres of land with
frontage on Turnpike Street a/k/a Route 114;b.)parcel B a/k/a Lot IN-A consisting of 1.9 acres
of land with frontage on Berry Street; c.)Parcel C a/k/a Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d.)Parcel D a/k/a Lot 3N-A consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised public hearing was opened on March 8, 2005, and continued to the
following dates:
March 8,2005
April 4,2005
June 7,2005
March 2,2006
April 25,2006
June 8,2006
June 28,2006
August 10,2006
September 28, 2006
November 2,2006
December 19, 2006
January 23, 2007
March 13,2007
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
f ,
March 29,2007
April 10,2007
May 3,2007
May 9,2007
June 12,2007
June 28,2007
3. The public hearing was terminated on June 28, 2007. The Board discussed the decision and
the requested waivers during the meetings of August 30, September 6, and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
5. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is or will become a"limited dividend corporation" as that term is used in G.L.
c. 40B, s. 21 and 760 CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 31,2005 pursuant to its Housing Starts Program and New
England Fund Programs.
C) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01,
by virtue of the deed dated November 3, 1994,and recorded at the Essex County
Registry of Deeds at Book 4158,Page 216.
7. The Town of North Andover,according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 10%percent of the total number of dwelling units nor is 1.5%of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Vanasse, Hangen Brustlin, Inc., Watertown, MA
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Mark Bobrowski,Concord, MA
Pro Forma: MHJ Associates, Brookline,MA
9. The proposed development was reviewed by the following municipal officers or
departments:
[ J
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein,the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two (52)homeownership dwelling units,consisting
of three (3) single family homes and forty-nine (49)condominium units, with associated
infrastructure and improvements, subject to the following conditions. The term "Applicant" as
set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The
term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C. Garner, R.P.L.S.#32661, 1 of 7 Multi-Family Units, 3/22/07
Patrick C.Garner,Company, Inc., 109 49—Chap.40B Residences,
Whitney Street,Northborough,Mass. North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 2 of 7 Building Layout Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences, 3/26/07
North Andover,Mass. 4/6/07
Patrick C. Garner, R.P.L.S.#32661, 3 of 7 Building Layout Plan 3/22/07
Patrick C. Garner,Company,Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 4 of 7 Drainage&Util. Plan 3/22/07
Patrick C. Garner,Company, Inc. 49-Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 5 of Drainage&Util. Plan 3/22/07
Patrick C. Garner,Company, Inc. 49 Chap.40B Residences, 4/6/07
North Andover, Mass.
2005-003-Page 3
Patrick C.Garner, R.P.L.S.#32661, 6 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company,Inc. 49—Chap.40B Residences, 4/6/07
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 7 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner,Company,Inc. Lots IN-A thru 4N-A, Aug 9,2006
North Andover,Mass. 3/26/07
David M. Crawley, Registered A1.01 The Merrimac Condominiums, January 15,2007
Architect 41082, David M. Rte 114 St., 1/23/07
Crawley Assoc., Inc., South North Andover
Office 25 Sandwich St., Floor Plans Typical Units
Plymouth, MA 02360,North
Office, 39 Adams St.,Acton,
MA 01720
David M. Crawley, Registered A2.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Floor Plans Typical Units
David M. Crawley, Registered A3.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Fiveplex Plan& Elevations
David M. Crawley, Registered Typical Building Cross Section January 15,2007
Architect 41082
2. The Development shall be limited to fifty-two dwelling units on four separate parcels. On
Parcel A, the Applicant shall locate not more than forty-nineattached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. On Parcels B, C and D each,the
Applicant shall locate not more than one single family home containing not more than 4
bedrooms per home.
3. Twenty five percent (25%) of the dwelling units,which, as proposed, is thirteen(13) of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent(80%) of the median household income for the Lawrence
PMSA, or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent (70%) of the median household income in the Lawrence PMSA, adjusted for household
size, with a five percent(5%) down payment used to calculate such price. If the Development
is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale of seventy percent(70%) of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time buyers and who are either(a)persons who have made their primary residence in North
Andover; and(b) employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery,the
r
Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located within Parcel A, the
Applicant shall prepare the final draft of a Regulatory Agreement and a Deed Rider and submit
same to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of the Town, such determination
and execution shall be completed and communicated to the Applicant in writing, specifying any
objections, within sixty-five(65)days of the Applicant's submission of its proposed documents.
The form of Deed Rider to be used is the so-called Universal Deed Rider, which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a lender. Such document(s) shall contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent(80%)of the median household income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent(70%)of the median household income in the
Lawrence PMSA, adjusted for household size, with a five percent (5%) down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Units shall be owner-occupied only; provided,however, that the
Board may authorize the temporary rental of such unit at a price affordable to a
household earning not more than 80%of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the like.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and D,the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 41, s. 8 1 P in order to create Parcels A, B, C and D. The Board shall complete
such review and endorsement within forty five (45)days of the submission of said plan. The
Applicant shall then promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate of occupancy,the Applicant shall enter into a
Monitoring Agreement, approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shall notify the Building Commissioner,in
2005-003-Page 5
e
writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain theg
following w 1 o in terms:
,
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. The market rate, single-family units to be located within Parcels B, C and D are excluded
for purposes of this provision.
8. During construction,the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond
6:00 p.m; provided, however,that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s)to its consultants and/or Town boards and officials for a written
recommendation or report.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
c. Grading plan;
d. Erosion control plan;
I
e. Architectural plan, including all principal and accessory structures;
f Utilities plan including water, hydrants, gas, electric, cable, and telephone;
g. Signage plan, including signs during the marketing phase;
h. Stormwater management plan;
i. Open space and recreation plan;
j. Snow storage and refuse disposal plan;
k. Cutting plan, showing the limits of clearing;
1. Fire sprinkler plan;
in. Construction management plan.
The Board shall make such determination and communicate same to the Applicant in writing,
specifying any objections, within seventy five(75) days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. Except as waived, all signage,including signs to promote sales, shall comply with the
Zoning By-law and shall be maintained in a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A brick wall, eight(8) feet in height, shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived, with the standards of the
Planning Board's Subdivision Rules and Regulations.
£ An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires, that the following aspects of
the Development on Parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever, any legal responsibility for operation,
maintenance, repair or replacement of same:
All roadways and parking areas
Storm water management facilities, including detention basins
Snow plowing
2005-003-Page 7
Landscaping
Trash removal
Street lighting
Building repair and maintenance
Water and sewer services beyond the individual meter pits
12. The roadway within the Development shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall be responsible for the installation, operation, and maintenance of all
aspects of the common or private facilities on Parcel A set forth above until the final dwelling
unit is conveyed. Thereafter, such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association,the Applicant shall provide written evidence to the
Board that a reserve of two months has been established to fund maintenance and operation. In
the event that a management company is engaged, the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. Prior to the issuance of any certificate of occupancy on Parcel A, the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall be required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution thereof. The Board's legal
counsel shall approve such document as to form after determining that the document is
consistent with this decision, such determination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies, within thirty (30) days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the stormwater management system on Parcel A subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents of the Unit
Owners Association. In the event a management company is engaged,the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain the on-site
wastewater disposal system on Parcel A in accordance with applicable guidelines for operation
and maintenance, the Town may conduct such emergency maintenance or repairs,and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the event the Town conducts such maintenance or repairs,the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town, the Town may place a lien on the Development or any unit
therein to secure such payment,excluding Parcels B, C and D.
17. All invoices generated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town Clerk, whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have been paid in full; unless agreed to by and between the Applicant and
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment.
19. A preconstruction conference with town departments shall be held prior to the
commencement of construction:
a. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision, "commencement
of construction" shall occur when the clearing and grubbing(removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice, to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any
order of the Department of Environmental Protection(DEP), either if applicable, regarding this
property, shall be made a part of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may be approved by the
Conservation Commission or the DEP,the Applicant shall submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP (if applicable) for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or in hand at a regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shall include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided,reasonably acceptable to the Board, to ensure the
completion of such improvements. The choice of performance guarantee shall be governed by
the provisions of G.L. c.41, s. 81U (excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the Board's legal counsel. The Board shall
notify the Building Commissioner, in writing, of such completion or performance guarantee.
2005-003-Page 9
23. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24. In determining the amount of the bond or surety,the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work;plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
25. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages.
26. The Applicant shall provide an "as-built" plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. TheApplicant shall
provide a separate as-built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[28. Reserved]
29. The following conditions were recommended by the Board's consulting traffic engineers,
JNEI, Inc., and shall be required:
* Install a Stop sign and paint a Stop line on the site driveway;
* Install overhead lighting at the site driveway and Route 114;
* Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
* Install intersection warning signs along Route 114 in advance of the site driveway;
* Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
30. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates, and shall be required:
* The Final Design Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal high groundwater. Sufficient soil testing performed by a Massachusetts
Certified Soil Evaluator shall be included.
* The Final Design Plans shall eliminate driveway conflicts exist between units F3 and Hl
and provide ample turning radius for cars in the area of units C2 and D4.
* Final Design Plans shall depict all proposed decks, rails and stairs at the front, rear and
sides of all units.
* The Board finds the submission is not fully comply with the requirements of 760 CMR
31.02. The Applicant has requested the Board act based on the reduced project
"concept"plans. The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stormwater
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 2, 10 and 100 year
24-hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
* The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03,possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03 in review of the Final Plans.
* The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
* The ZBA's engineer shall approve the maintenance schedule for the storm water system.
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
* The Applicant shall obtain a National Pollution Discharge Elimination System(NPDES)
Permit from the United States Environmental Protection Agency (EPA).
* Final grading of the site shall not direct additional runoff onto the property of others.
This project shall not increase the rate of runoff, not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant to assure
2005-003-Page 11
compliance with this condition. The project applicant/owner shall be solely liable for
any damage to other properties as a result of this construction.
* The location of all utilities, including but not limited to underground electric, telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
* A State Highway Access Permit shall be obtained from MassHighway prior to any work
or excavation within Route 114.
* A STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
* Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and MHD
standards.
* Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
* Garages shall be used for parking of vehicles and shall not be converted to living space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel
* If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty (30)days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Upon review by the Board,the applicant my request in writing the Final Occupancy
Permit.
* Not more than thirty days prior to need for the Final Occupancy permit, the applicant
shall submit with their request for a Certificate of Compliance, an affidavit prepared by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans, based upon an on-site
inspection and the referenced site plan. An as-built drawing,prepared by a Professional
Land Surveyor or Professional Engineer,registered in the Commonwealth of
Massachusetts, and depicting the final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
�l
b
32. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth
of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan showing not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit Owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure
compliance with this condition. This condition shall be enforced by the Police Department.
35. All of the Affordable Units shall have the same package of garage, appliances,fittings, and
fixtures as the base package for the market rate units.
36. The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
39. Prior to issuance of each certificate of occupancy for a market rate dwelling unit,the
Applicant shall provide the sum of five thousand dollars ($5,000.00)to the Town,pursuant to
G.L. c. 44, s. 53A, or G.L. c, 40, s. 5B, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand($195,000.00) dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
40. The Applicant has requested, and the Board has granted, the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project,that additional waivers, not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
2005-003-Page 13
2001 SIEP 19 ppi' 4: 10
N(1 '}'">.ff l 'te
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Thomas D. Ippolito, the Zoning
Board of Appeals voted 4-1,with the Chairman voting in opposition,to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2007 meeting:
Albert P. Manzi III Esq., Chairman 7.1
c
Ellen P. McIntyre, Vice Chairman
Joseph D. LaGrasse Member
Thomas D. Ippolito Associate Member
Richard M. VaillancourtAssociate Memb -
Filed with the Town Clerk on f�4- 'L / ' "� , 2007.
2005-003-Page 14
t
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
Pre-Meeting ? Thomas R.Gleason,Executive Letter notifying site approval,with requirements and 1-31-05
1. Director, Municipality issues about the proposed 40B i
_ MassHousing,
To 3-8-05 One Hundred Fourteen Trust, Affordable Housing Proposal—?vierrimac ' Town Clerk {
2. 51 Mount Joy Drive, Condominiums, 1)List of Documents,2)BOA 12-9-05
A Tewksbury,MA Application[Comprehensive Permit],3)Project
I Eligibility,4)Site Control,5)Tabular Data,6)Plans,
Miscellaneous
3. Susan Sawyer,Public Health Memorandum responding to ZBA 2-10-0 memo 2-11-05
Director,North Andover requesting Board'Department concerns&attached Board
of Health dum ster regulations
4. North.andover Zoning Board Legal notice[Parcel 63= 10.03 ac.,95 units] Town Clerk
of Appeals(NA ZBA) _ 2-11-05
5. Atty.Thomas J.Urbelis,Town j Letter responding to ZBA 2-10-05 request 2-15-05
_ Counsel
6. Chief William V.Dolan,NA Letter and e-mail response to ZBA 2-10-05 request 3-1-05
Fire Department
7. Mark Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1-05
NA ZBA 2-10-05
8. One Hundred Fourteen Trust Update March 2,2005 Affordable Housing Proposal 1) 3-2-05
Waivers revised`,2)Permits on hand,3)Curriculum
_ Vitae
9. Dermot J.Kelly Associates, Traffic Impact&Access Study 3-2-05
Inc.
280 Main Street.North
Reading,MA
10. _ Alison McKay,NA Memorandum response to ZBA 2-10-05 3-3-05
Conservation Administrator
11. Jack Sullivan,Director of Memorandum to ZBA 2-10-05 3-3-04
_
Engineering,NA DPW
12. Lincoln Daley,NA Town E-mail response to ZBA 2-10-05 3-4-05
Planner
T 4-4-05 Lt. John Carney,NA Police Memorandum response to ZBA 2-10-05 3-16-05
13, Dept.
14, Nathalie.Wiles,89 Windsor Letter to Neighbors and Abutters,3-14-05, 1)North Rec'd
Lane Andover clipping of 3-4-05,2)Letter excerpt,3)40 3-28-05
_
signatures
15. _ One Hundred Fourteen Trust Update April 4,2005 Affordable Housing Proposal 1) 3-30-05
Response to comments,2)Waivers updated 3)Site plans
updated
To 6-7-05 Ellen P. McIntyre,Chair, Letter to Heidi Griffin,Director,NA Community 4-13-05
16. North Andover Zoning Board Development re: 10.03 acres vs. 14.77 acres.
olAppeals
Atty. Donald F.Borenstein, Letter to Sarah Hall, MassHousing re:Entirety of 4-13-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 Chestnut St., the proposed project.
Andover,MA
18. Nathalie Wiles,89 Windsor Further 17 signatures for 3-14-05 petition 4-29-05
Lane ►�
19. ~+NA Conservation Commission Order of Conditions for Map 106D,Parcel 63 -> 5-3-05!1
Exhibit B—Documents-2005-003 -Page 1
c.rt
rn �
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
20• One Hundred Fourteen Trust A.Revised application,Special Permit form pages 2&3 5-5-05
adding parcels 44,74,& 75,and changing acreage from
10 7
.03 to 14.7, acres.
B.Plan of Land,Lots IN,2N,3N,and 4N Berry Street
and Route 114,North Andover,Mass.Plan Date 8/2396,
Planning Board Approval under Subdivision Control,
meeting held on 1.19/99,NERD Plan#13394 dated
February 2, 1999.
C.Assessor's map 106D dated 6-5-01,with added 3
fI parcels indicated,
21. iAtty. onald F. Borenstein I Cover letter for the Massllousing model Regulatory 5-6-05
Agreement,Deed Rider,and Monitoring Services
Agreement
22•-~—�-North Andover Zoning Board Amended legal notice adding 3 Berry Street parcels. Town Clerk
of Appeals Now 40B is Map 106.D,Parcels 63,44,74,&75 5-13-05
14.77 ac. for 95 units
23. William M.Hickey,328 1.New information on the 40B development on Rt. 114 6-2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
I Troubling Questions pp 1-5,5-27-05. 3. E-mail Atty.
i Borenstein&plan,revised boundaries 4-6-05. 4. Letter
to Sarah Hall,MassHousing re Town response 9-10-04.
5 MassHousing Application letter &information 6-29-
04. 6.Housing Starts Project Eligibility Application. 7.
Resume,Tab?[of application package].8-15.8 sheets of
black&white site pictures.
24. One Hundred Fourteen Trust An Update June 7,2005 booklet. A.The Merrimac 6-2-05
Condominiums Sheet I of 2 5-27-05.B.The Merrimac
Condominiums Parking Sheet 1 of 1 5-27-05.C. Site
Lighting Plan.SL-1 5-27-05.D.Berry Street Proposed
Improvements Sheet 1 of 1 5-27-05.E.Dermot J.Kelly
Associates,Inc. Traffic Impact&Access Stud 5-31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet 1 of 2 rev.6-6- Recd.
05.B.The Merrimac Condominiums Parking Sheet 1 of 6-7-05
1,rev.6-6-05.C.Site Lighting Plan SL-1,rev.6-6-05.
D.Berry Street Proposed Improvements Sheet I of 1,
rev.6-6-05
26. One Hundred Fourteen Trust Typical Section-Building A,3 pages.[Full elevation, Rec'd.
Garage elevation,Floorplan]no date 6-7-05
27. One Hundred Fourteen Trust Typical Section-Building B,2 pages. [Garage Rec'd.
_ elevation Floor Tan 6-7-05
28. David M.Crawley Associates Mass State Building Code Analysis Rec'd.
j Inc.,North Office,4 School '6-7-05
St.,Acton,MA
To 3-2-06 Stephan Hauvilie,Unit I & Letter requesting perimeter fence between 1980 6-7-05
29. Tom Diorio,Unit 3, 1980 Turnpike Street and 40B property.
I Turnpike Street
30. Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-OS l
Partnership Committee Condominiums,4-22-05
Exhibit B Documents-2005-003 -Page 2
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
32• One Hundred Fourteen Trust An update July 12,2005 booklet. 1)Letter responding to Rec'd 7-6-05
June 7,2005 questions,2)Tabular Data[3 p.],Amended
Order of Conditions,513.2005,3)undated e-mail to
Heidi Griffin,Jacki Byerley from Chief Dolan re: the
proposed building on Rte 114,4)David M.Crawley
Assoc.Inc.Architects-The Merrimac Condominiums
j T'6./05,Building A Floor Plans A1.00,A1.01,Elevations
A2.01,A3.01,Building Section A4.01,Building B Floor
Plan A5.00,Floor Plans A5.01,Elevations A6.01,
Buiidin A7.01,6)DJK Curbcut Permit Plan,04/05/05.
33. Patrick C.Garner,Patrick C A)The Merrimac Condominiums,Route 114,North Recd 7-6-05
Garner,Company,Inc., 109 1 Andover,Mass.5/27/05,6/6,-05,71/05,/05,sheet I of 2,B)
Whitney Street,Northborough, ' The Merrimac Condominiums Parking,North Side of
Mass. 01532&Kanayo Lala, Route 114,North Andover,Massachusetts May 27,
Professional Engineer,Four 2005,6/6/05,7/01!05 sheet 1 of 1
West Road,West Actor,MA
01720 I
34. Patrick C.Garner,Patrick C. C)Berry Street Proposed Improvements Sheet t of 1 Rec'd 7-6-05
Garner,Company,Inc., May 27,2005,revisions JuIX 1,2005.
35. Patrick C.Garner,Patrick C. D)The Menimac Condominiums Site-Lighting,North Rec'd 7-6-05
i Garner,Company,Inc.,& Side of Route 114,03/08/05,E)The Merrimac
Kanayo Lala,Professional Condominiums Site-Lighting,North Side of Route 114
Engineer a Be Street,07/05/05
36. David M.Crawley Associates The Merrimac Condominiums,Rte 114&Berry St, Rec'd 7-6-05
Inc. North Andover,MA,Floor Plans,7!05/05,sheets S-A.1,
_ S-B.1,S-AB1
37. MINCO Corporation,231 A Fiscal Impact Study prepared for One Hundred 7-5-05
Sutton Street,North Andover, Fourteen Trust,27 p.&Addendum I-Profit Analysis
MA Provided by Client&Addendum II-Scenario 2:
Number of Students at Breakeven
38, Timothy B. McIntosh,P. E., Review of Merrimac Condominiums application 7-11-05
Vanasse Hangen Bntstlin,Inc.,
101 Walnut Street,
Watertown,MA
39. P.L. Hingorani,Trustee,One Letter requesting working session with a Subcommittee 7-12-05
Hundred Fourteen Trust of the board.
40. One Hundred Fourteen Trust A.Offer Alternates to North Andover ZBA,B.Alternate 8-25-05
1 The Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05
41. NA ZBA Memo to Peter Hingorani on first response to the 8-22- 9-8-05
05 drawings
42. One Hundred Fourteen Trust e-mail describing alternatives 1 through 5,with 3 PDF 1-23-06
attachments: Alternate#3-Patrick C.Garner,Patrick C.
Garner,Company,Inc.,64-Chap.40B Residences,
North Andover,Mass.Jan. 12,2006,Alternate#4-[96)
Proposed Multi-Family Units,Jan.07,2006,
Alternative#5 112 Multifamily Units,Jan. 10,2006,
and 1 CAD
Patrick C. Garner,Patrick C. Single&Multi-Family Units,56-Chap.40B Rec'd
Garner,Company,Inc., 109 Residences North Andover,Mass.,0 Patrick C Garner 2-23-06
Whitney Street,Northborough, 2005,Feb. 20,2006,Feb. 22,2006.
Mass. 01532
Exhibit B-Documents-2005-003 -Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
X4 _
4. NA LBA Legal notice hearing continues 3-2-06&56 units down I Town Clerk
from 95 2
{-- <_24-06
45 Lt. Andrew Melnikas, NA FD e-mail:Plan needs more detail,i.e. Hydrants& -28-06
_
sprinklers
46. A 1.t. Andrew Melnikas,NA FD I e-mail 3-1-08 meeting result: residential sprinklers& 3-1-06
h drants eve 500',FD can accept 18'roadway
47 Alison McKay,NA Memo re: 56 Single& Multi-family concerns about 3-1-06
Conservation Administrator bridge,building setbacks from wetlands,trail,&
_proposed ARAD
48. North Andover Housing Criteria for Measuring the Appropriateness of Chapter 3-2.-06
Partnership Committee 40B Projects,6/l/04
j 49. One Hundred Fourteen Trust Letter and charts re: Replace the two,5 story buildings 3-2-06
(with parking under) ...with 56 3-bedroom,single&
__^ _ multi&remove 1N,2N,and 3N from theapplication...
4-25-06 Comm. of Mass. Superior Summons:Keeper of Records all documents re: 3-6-06
50. Court,Civil Action No. Variance dated 4-11-01
ESCV2002-01931
51. Patrick C.Garner,Patrick C. Single&Multi-Family Units 56—Chap.40B Residences 3-14-06
_ I Garner,Com
any,Inc. North Andover,Mass.,Mar. 14,2006,Sheet 1 of I
One Hundred Fourteen Trust e-mail Excel worksheets: 1)Build cost$per SF—Inner 3-29-06
& End units,3/24!2006;2)Discounted Cash Flow
Analysis 3-19-06;4)Proforma 3-23-06;5)ZBA$Per
SF Builders Cost 3/192006
53. One Hundred Fourteen Trust An Update April 25,2006 Affordable Housing Proposal: Recd 4-18-
1)Kathleen M.Burns,MassHousing letter April 12, 06
2006 PE-267 Project Eligibility(Site Approval),2)
Architecturals[5 drawings dated 3/3/06,3/17/06&n.d.],
3)Dermot J.Kelly Associates,Inc.April 14,2006
response to VHB July 11,2005 report[13 pages],4)
Proforma 3-23-06[11 pages]5)Waivers 6)Patrick C.
Garner Co:,Inc.-Single&Multi-Family Units,56—
Chap.40B Residences North Andover,Mass.,Mar. 14,
2006,May 4,2006,May 30,2006,sheets 1-4,7)Patrick
C.Garner Co.,Inc. -Plan for ANRAD Lots l-N thm 4-
N,3-8-06,rev.,418-06,5-8-06,5-10-06 sheet 1 of 1,8) 1
DJK Route 114 Curbeut Permit Plan#457,3/15/06,sheet
_ 1 of 1.
r54, North Andover Housing Criteria for Measuring the Appropriateness of Chapter Rec'd
Partnership Committee 40B Projects,6/1/04 4-25-06
Exhibit B -Documents-2005-003 -Page 4
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 6-28-06 One Hundred Fourteen Trust An Update June 8,2006 Affordable Housing Proposal: Recd
55' 1)Patrick C.Garner Co.,Inc.-Single& Multi-Family 5-30-06
Units,56- Chap.40B Residences North Andover,
Mass.,Mar. 14,2006,May 4,2006,May 30,2006,
sheets 1-4&Proposed ANR Plan,Lots 1N-A thru 3N-A,
May 30,2006 2)Patrick C.Garner Co.,Inc. -Plan for
ANRAD Lots I-N thru 4-N,3-8-06,rev.,4-18-06,5-8-
06,5-10-06 sheet I of 1 3)David M.Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5/26/06,
A1.01,A2.01,Front Elevations,4/25/06 A3.01, i
Elevations 5/26/06,A4.01;4)NA Conservation
jCommission,Order of Resource Area Delineation,
5/25106;5)Waivers[requested];6)Proforma 5-22-06&
6)Kanayo Lala 21-May-06 Preliminary Bid based on
Plans dated 5/111`06 7)-, 7)DJK letter requesting
MassIlighway application curbcut 5-22-06,8)DJK
Route 114 Curbeut Permit Plan#457,3/15/06,sheet 1 of
To 8-10-06 i One Hundred Fourteen Trust An Update June 8,2006,duplicate of above Ree'd 7-5-06
56. i
57. Ellen P. McIntyre,Chair, Request Town Boards/Departments response to Update 7-6-06
NALBA June 8,2006
58. _ Susan Sawyer,NA Health Response to Update 6-8-06 pamphlet;on sewer�no 7-10-06
Administrator Health jurisdiction
59. William V.Dolan,Chief,NA Response to Update 6-8-06;density of the structures;all 7-10-06
FD units should be sprinkled;some must be
60. Patricia A. Leavenworth,P.E., Letter to Dermot J.Kelly re: Merrimac Condominium 5-30-06
District Highway Director, curbcut onto State route 125,Turnpike Street
MassHi hwa
61. - George F. Koehler,Chair, Letter to Peter(Pribhu)L.Hingorani requesting 6-9-06
North Andover Housing inclusion of play areas for children of 3 BR
Partnership Committee --development.
62. Curt Bellavance,Director, Memo to Board of Selectmen re:site located on 7-21-06
_ CommunityDevelopment Turnpike Street
63 Alison McKay,NA Merrimack Condominiums-Berry Street/Turnpike 8-3-06
Conservation Commission Street,Applicant-One Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 84-06
P."T.O.F..,Judith Nitseb Condominiums 40B,Turnpike Street(Route 114)[1"]
Engineering,Inc., 186 Lincoln
Street,Suite 22, Boston,MA
65. Patrick C. Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,Route 7-27-06
Garner,Company,Inc. 1 l4,North Andover,July 27,2006[4 pages]&26
August, 1998 132 pages+ 133,1341,received 8-8-06
66. Patrick C. Garner,Patrick C. Cover letter to Joseph D.Peznola,PE re:Hydrology, 7-28-06
_ +Garner,Company, Inc. Merrimac Condominiums received 8-8-06
67. Patrick C. Garner Patrick C. Patrick C.Garner> Ii Co.,Inc. Single&Multi-Family Recd 8-8-06
jGarner,Company,Inc. ( Units,56-Chap.40B Residences,North Andover,
Mass.,July 27,2006,sheets 1,2,3,4 of 8;Pre-&Post-
Watersheds,Sheet 5 of 8,Utility&Drainage Sheet,
; sheets 6,7,8 of 8
68, Lincoln Daley,NA Town I Planning Board preliminary review Merrimac Rec'd.
L.
Planner 1 Condominium 40B protect[3 pages] 8-9-06 1
Exhibit B-Documents-2005-003-Page 5
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
69- rDermot J. Kelly Associates, August 10,2006 Response to Traffic Peer Review 8-10-06
Inc. I Memorandum, i I pages,&Appendices: 1)Nitsch
j Traffic Peer Review 8-4-06,7 pages,2)Accident Data
t and Accident Rate Calculations,3)Background trip
generation,4)Level of Service Analysis,&5)The
March 16,2006 North Andover Fire Department
comment memorandum and the July 10,2006 North
Andover Fire Department comment letter.
f To 9-28-06 NA Board of Selectmen Merrimac Condominium Comprehensive Permit _'18-14-06
70. [comments]recommending Board not waive regulatory
_ I boards and commissions right to review...
71. Joseph 1). Peznola,P.E., Engineering Peer Review,The Merrimac Condominiums 8-28-06
Hancock Associates,28 Lord
Road,Suite 280,Marlboro,
I MA
72, Lt.John Carney,NA PD Police review:2 concerns,street lighting& 18' wide 9-11-06
roadways vs.guest parking.
73. Eugene P. Willis,P.E., Merrimac Condominiums 40B ...traffic review;concurs 9-20-06
Director of Engineering,NA with Nitsch Engineering report August 4,2006,
DPW specifically,the LOS analysis
74. Dermot J. Kelly Associates, DJK&Proponent's answer to JNEI Traffic Peer Review 9-21-06
Inc.
75, Patrick C.Garner Company, Hancock Engineering Peer Review(response] 9-21-06
Inc.
76. One Hundred Fourteen Trust "An Update(to)September 28,2006"
1)Patrick Garner response to Con Com&Plann-ing 8-14-06
Board. 2)Patrick Garner response to Hancock 9-22-06
Engineering Hydrology Comments 3)One Hundred
Fourteen Trust Tabular Data(2 pages]4)Patrick C. 9-22-06
Garner Co.,Inca—Single&Multi-Family Units,56—
Chap.40B Residences,North Andover,Mass.,July 27,
2006,Sept 20,2006,Sept 22,2006,sheets 1,2,3,4 of 8;
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
Drainage Sheet,sheets 6,7,8 of 8.
77. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 9-27-06
Judith Nitsch Engineering, Condominiums[2rd]
Inc.
78. Joseph D.Peznola,P.E., Engineering Peer Review,Second Review,The 9-28-06
Hancock Associates Merrimac Condominiums
To 11-2-06 Joseph D, Peznola,P.E., Engineering Peer Review Third Review,The Merrimac 10-26-06
79. Hancock Associates Condominiums
Exhibit B -Documents-2005-003 -Page 6
Merrimac Condomu►iums Exhibit B
Item No. Document From Contents/Notes Item Date
80• One Hundred Fourteen Trust An Update November 2,2006: 1)Faxed response of NA Ree'd
Public Schools,location of bus shelter 10,14,,06;2) 10-27-06
Response to Joseph Peznola peer review 9-26-06;3)
David C.Crawley,l'ypical Building Cross Section,Floor
Plans A1.01 &A2.01,Front Elevations A3.01,
I Elevations A4,01,4-2`'-06 4)Waivers,5)Proforma 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA;6)Kanayo Lala 10/25/2006 Preliminary Bid based
on Plans dated 10/20/06 7);Dermot J.Kelly cover letter
&Appendix A.DJK Letter to MassHighway 5-22-06,B.
MassHighway to DJK 5-30-06&C.fire emergency
vehicle graphics SU-30 accessing units 5,7,&55,
10,,24,'06,[3 sheets] 7 8)Patrick C.Garner Co.,Inc.—
Single&Multi-Family Units,56—Chap.40B
Residences,North Andover,Mass,July 27,2006,Sept
20,2006,Sept 22,2006,Oct 17,2006,sheets 1,2,3,4 of
8;Pre-&Post-Watersheds,Sheet 5 of 8,Utility
Drainage Sheet,sheets 6,7,8 of 8.
81. Michael H. Jacobs,Michael 1)Merrimac Condominiums Financial Analysis,North 10-27-06
Jacobs MHJ Associates,41 Andover Zoning Board of Appeals,4 pages,2)Base Pro
Coolidge Street,Brookline, Forma 13 pages],3)Adjusted Pro Forma[2 pages]
MAI
82. Douglas C. Prentiss,P.E., Traffic Peer Review[update] 11-1-06
Judith Nitsch Engineering,
Inc.
To 12-19-06 One Hundred Fourteen Trust Letter to Michael Jacobs re:Draft Pro Forma eliminating 11-9-06
83. 7 townhouse units&adding three single-family houses
on Berry Street[on N 1,N2,&N3 [M I06.DP44,74,
&75
84. One Hundred Fourteen Trust Proforma 49+3 11/13/06
85. Ellen P. McIntyre,Chair,NA Memo inviting Conservation Commission to 12-19-06 11-15-06
Z.BA
86. Patrick C. Garner Company, Village Concept,Version 2B&Version 2C,Single& 12-15-06
Inc, Multi-Family Units,56-Chap.40B Residences,North
Andover,Mass.,July 27,2006,Sept 20,2006,Sept 22,
2006,Oct 17,2006, 12/07/06, 12/11/06,12,12/06,
_ 12/14/06
87, Arty. Donald F. Borenstein .Letter requesting 12-19-06 be continued to 1-16 or 18-07 Town Clerk
Johnson&Borenstein, 12 12-26-06
Chestnut Street,Andover,MA
Exhibit B-Documents-2005-003 -Page 7
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 1-23-07 One Hundred Fourteen Trust i An update January 23,2007[52 units;49 3] 1)David 1=16-07
R8.
M. ,
Crawley,Registered Architect#1082-Typical Front
Elevation Five Unit Complex JI 45,5 Unit Complex 11-
J5, first floor plan,Typical unit AA,BB first&second j
floor plans,Typical unit CC,DD first& second floor
plans,Typical Double Unit EE first,second,third floor
plans,Typical Building Cross Section,[6 p.],January
15,2007 2)Houses on Berry Street,Integrity Design,
498 Great Road,Acton,MA Owner/Builder Trust
Development,Plan 2 Federal,[8 pages]Grafton,MA
November 2,2006 C 2006 3)Proforma,4)Waivers,5)
Plans,6)Dermott J.Kelly-Letter 1-12-07 to D.
Prentiss,7)DJK Route 114 Curbeut Permit Plan
01/10/07&Patrick C.Garner-Multi-Family Units 49-
Chap.40B Units 1/05/07, 1/09/07 1-3 sheets,Patrick C.
Garner-Landscape Plans,49-Chap.40B Units, 1-2
sheets,n.d.
897 NA ZBA NA ZBA&Conservation Commission meeting notice Town Clerk
1-18-07
To 3-13-07 Patrick C. Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units, 2-23-07
90. Garner,Company,Inc. Route 114,North Andover,[10 p.),88 pages,July 27,
2006,R 2/23/07
91. One Hundred Fourteen Trust An Update March 13,2007 10 1)Proforma 04-Mar-07, Rec'd
2)David C.Crawley,8-1/2x11 of below,3)DJK Route 3-13-07
114 Curbcut Permit Plan 3-4-07&4)Patrick C. Garner-
Muhi-family units 49 40B Units 2-23-07 sheets 1-7,
I Watershed Areas 2-23-07sheet 1,5)David M.Crawley-
Floor Plans 1-23-07 A1,01 &A2.01 &Fiveplex Plan&
Elevations,A3.01,6)Patrick C.Garner-Proposed ANR
i
Pian Lots IN-A thru 4N-A,May 30,2006,rev.Aug-9,
2006 sheet 1
To 3-29-07 Susan Sawyer,NA Public Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
92. Health Director Update"show on site duan sters if private trash disposal.
X93. One Hundred Fourteen Trust e-mail&attached 3-22 Proforma&3.23-07 letter to M. 3-23-07
Jacobs
94. Timothy J.Willett&Eugene Response to 3-13-07 One Hundred Fourteen Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One hundred Fourteen Trust An Update April 10,2007,Affordable Housing 3-27-07
95• Proposal: 1)Proforma,2)Kanayu Lala-Engineering
Estimate,3)Zoning Chart,Zoning District(134 for lot
#N4)4)Proposal Meets the Following Criteria of the
Zoning Bylaw[3 pages],5)Waivers,Permits and
Exemptions to Town of No.Andover By-Laws and
Rules and Regulations,7 pages,6)Patrick C.Garner-
i Typical Roadway Section 10-16-06,7)Patrick C.Garner I
-Watershed Areas 3-22-07,Sheet 1,-Patrick C.Garner
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
r
Garner-Proposed ANR Plan,May 30,2006,Aug 9,
2007,3/26/07 Sheet I
6. Patrick C. Garner,Patrick C. Patrick C.Garner&Kanayo C.Lala,R.P. E.,No.33710- 3-26-07
Garner,Company,Inca& C-Hydrological Study,July 27,2006,rev 2'23,07,
Kanayo C. Lala,R.P. E.,No. 3;261107,[cover, 11 pages]128 pages.
33710-C
Exhibit B-Documents-21005-003 -Page 8
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
y�• One Hundred Fourteen Trust e-mail&PDF of M.Jacobs a-mail correspondence re: 3 28-07
fiscal anal sis of Berry Street houses
+Douglas C. Prentiss,P E., Nitsch Project#6139 [3d traffic peer review,2 pages) 3-2
9-07
Judith Kitsch Engineering, Inc
i One llundred Fou
rteen Trust
e-mail Berry Street information&PDF of attachments 3-29-07
41 �;IicTiziJiff
numbered 8,9,4,1,7,5,6&2 elevations&floor fans] r4-2
100. Jacobs,Michael e-mail&PDF of Merrimac Condominiums Update to
Jacobs MI-IJ Associates Financial Anal sis April 2,2007[10 pages]101. Joseph D. Peznola,P.E., Hancock Associates Engineering Peer Review,Fourth Hancock Associates i review 18 a es]
102. One hundred FourteenTrust Composite Updates April 10,2007[documents from 2-9- Rec'd4-3-07
05 application to"An Update 4-10-07' in 3-11'2"binder]
x103. ! Patrick C.Garner,Patrick C. e-mailed 4-5-07 letter to J.Peznola,Hancock re: 4-5-07
Garner Company,Inc.
p y, � Wetland Waiver Narrative.&44-07 letter to NA ZBA
Narrative for Wetlands By-law Waiver issues,
Merrimack Condominiums,5 pages.
To 5-3-07 Atty. Donald F. Borenstein Letter dated 4-5-07 requesting that the public hearing be 4-5-07
104. closed.
105. Joseph D. Peznola,P.E., Summary of Outstanding Issues[9 issues,3 pages) 4-10-07
_ Hancock Associates
106, One Hundred Fourteen Trust Town Comments and Consultant Reviews April 10,2007 4-10-07
compilation booklet
107. One Hundred Fourteen Trust NHESP"file 07-21329(Natural Heritage&Endangered4-17-07
S eciec Program)plan booklet
108. William V.Dolan,Chief,NA e-mail-OK with last revision 4-26-07
_ i FD _
109• Alison McKay,NA Memorandum[Response to April 17,2007)agreeing 4-26-07
Conservation Administrator with the Hancock 4-2-07&4-10-07
To 5-9-07 One Hundred Fourteen Trust 1)Multi-family units,49-Chap.40B Residences,North I Rec'd 5-4-07
110. Andover,Mass.sheet 1 of 7;3-22-07,2)Building
Layout Plan,49-Chap.40B Residences,North
Andover,Mass.sheet 2 of 7,4-6-07;3)Building Layout
Plan,49-Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3-22-07;4)Drainage&Util.Plan,49-
Chap.40B Residences,North Andover,Mass.,sheet 4 of
7,3-22-07;5)Drainage&Util.Plan,49-Chap.40B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6)Landscaping Plan,49-Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07; 7)Landscaping
Plan,49-Chap.40B Residences,North Andover,Mass.,
sheet 7 of 7,3-22-07; 8)Proposed ANR Plan,Lots IN-A
thru 4N-A,North Andover,Mass.,sheet I of 1,3-26-
��__ i 07&CD of the 8 plans.
To 6-12-07 Lt.John Carney,NA PD Memorandum responding to 4-6-07 site plans,concerned 5-11-07
1 l l• ! that 1 car garage for 3 bedrooms causes stacked parking
or on-street parking;police recommend against on-street
t---- -- —T
parking.
To 6-2&07 C,nder Advisement
Exhibit B-Documents.-2005-003 -Page 9
A
Town of North Andover Town Clerk'rirne Sump
Albert P. Maiizi 111,Esq. Cbainvan ZONING BOARD OF APPEALS '_'I 7D V F 0
T0.
eUen P, %tcllmre, I'ice-Chairman "ORT01
Richard.j. Bycrs,UI'qq, ('10-k
Joseph D. 1, Grasw- 0 201 SEP 19 PH 4: 10
Da-6d R.Webster
Asso&rIeNleo,bers
'1110mas D.Ippolito
Richard 3M. Vaillailcolirt
Arso
Daniel S. Broese,Esq. �SSACHtl5t
FINDINGS AND DECISION
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11, 2007
PROCEDURAL HISTORY
1. On or about February 9,2005, One Hundred Fourteen Trust, 51 Mount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals(Board), pursuant to G.L. c. 40B, to construct, an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct"for sale" ninety-five(95)condominium dwelling units,
consisting of two structures to be called "Merrimac Condominiums" (the"Development"). As
proposed, the Development would be located on a site with approximatelyl4.77+/-acres of
land being Map 106D,Lots 63, 75, 74, and 44 (hereinafter, the Subject Property). Portions of
the Subject Property are located in the B4, R2 and VR zoning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein,the Subject Property is proposed to
be re-divided into 4 parcels, a.)Parcel A a/k/a Lot 4N-A consisting of 10.8 acres of land with
frontage on Turnpike Street a/k/a Route 114;b.) parcel B a/k/a Lot IN-A consisting of 1.9 acres
of land with frontage on Berry Street; c.)Parcel C a/k/a Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d.)Parcel D a/k/a Lot 3N-A consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised public hearing was opened on March 8, 2005, and continued to the
following dates:
March 8,2005
April 4, 2005
June 7,2005
March 2,2006
April 25, 2006
June 8, 2006
June 28,2006
August 10, 2006
September 28, 2006
November 2,2006
December 19,2006
January 23, 2007
March 13,2007
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-699-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
r
March 29,2007
April 10,2007
May 3,2007
May 9,2007
June 12,2007
June 28,2007
3. The public hearing was terminated on June 28, 2007. The Board discussed the decision and
the requested waivers during the meetings of August 30, September 6, and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
5. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is or will become a "limited dividend corporation"as that term is used in G.L.
c. 40B, s. 21 and 760 CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 31, 2005 pursuant to its Housing Starts Program and New
England Fund Programs.
C) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01,
by virtue of the deed dated November 3, 1994,and recorded at the Essex County
Registry of Deeds at Book 4158, Page 216.
7. The Town of North Andover, according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 10%percent of the total number of dwelling units nor is 1.5%of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Vanasse, Hangen Brustlin, Inc., Watertown, MA
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Mark Bobrowski Concord, MA
Pro Forma: MHJ Associates, Brookline, MA
9. The proposed development was reviewed by the following municipal officers or
departments:
i
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager 41
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein,the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B,the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two (52)homeownership dwelling units, consisting
of three (3) single family homes and forty-nine (49) condominium units,with associated
infrastructure and improvements,subject to the following conditions. The term"Applicant" as
set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The
term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C.Garner, R.P.L.S.#32661, 1 of 7 Multi-Family Units, 3/22/07
Patrick C. Garner,Company, Inc., 109 49-Chap.40B Residences,
Whitney Street,Northborough,Mass. North Andover,Mass.
Patrick C.Garner, R.P.L.S.#32661, 2 of 7 Building Layout Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences, 3726/07
North Andover,Mass. 4/6/07
Patrick C.Garner, R.P.L.S.#32661, 3 of 7 Building Layout Plan 3/22/07
Patrick C. Garner, Company,Inc. 49-Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S. #32661, 4 of 7 Drainage&Util.Plan 3/22/07
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 5 of 7 Drainage&Util. Plan 3/22/07
Patrick C.Garner,Company, Inc. 49-Chap.40B Residences, 4/6/07
North Andover, Mass.
2005-003-Page 3
T
Patrick C.Garner, R.P.L.S.#32661, 6 of 7 Landscaping Plan 3/22/07
Patrick C.Garner,Company,Inc. 49-Chap.40B Residences, 4/6/07
North Andover, Mass.
Patrick C. Garner,R.P.L.S.#32661, 7 of 7 Landscaping Plan 3/22/07
Patrick C.Garner,Company,Inc. 49—Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner, Company, Inc. Lots IN-A thru 4N-A, Aug 9,2006
North Andover,Mass. 3/26/07
David M. Crawley, Registered A1.01 The Merrimac Condominiums, January 15,2007
Architect#1082, David M. Rte 114 St., 1/23/07
Crawley Assoc., Inc., South North Andover
Office 25 Sandwich St., Floor Plans Typical Units
Plymouth, MA 02360,North
Office,39 Adams St.,Acton,
MA 01720
David M. Crawley, Registered A2.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Floor Plans Typical Units
David M. Crawley, Registered A3.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Fiveplex Plan&Elevations
David M. Crawley, Registered Typical Building Cross Section January 15,2007
Architect#1082
2. The Development shall be limited to fifty-two dwelling units on four separate parcels. On
Parcel A, the Applicant shall locate not more than forty-nine attached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. On Parcels B, C and D each, the
Applicant shall locate not more than one single family home containing not more than 4
bedrooms per home.
3. Twenty five percent (25%)of the dwelling units, which, as proposed, is thirteen(13)of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent(80%)of the median household income for the Lawrence
PMSA, or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent (70%) of the median household income in the Lawrence PMSA, adjusted for household
size, with a five percent(5%)down payment used to calculate such price. If the Development
is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale of seventy percent(70%) of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time buyers and who are either(a)persons who have made their primary residence in North
Andover; and (b) employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the
Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located within Parcel A, the
Applicant shall prepare the final draft of a Regulatory Agreement and a Deed Rider and submit
same to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of the Town, such determination
and execution shall be completed and communicated to the Applicant in writing, specifying any
objections, within sixty-five(65) days of the Applicant's submission of its proposed documents.
The form of Deed Rider to be used is the so-called Universal Deed Rider, which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a lender. Such document(s) shall contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent(80%)of the median household income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent(70%)of the median household income in the
Lawrence PMSA, adjusted for household size, with a'five percent(5%) down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Units shall be owner-occupied only; provided, however,that the
Board may authorize the temporary rental of such unit at a price affordable to a
household earning not more than 80%of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the like.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and D, the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 41, s. 81 P in order to create Parcels A,B, C and D. The Board shall complete
such review and endorsement within forty five (45)days of the submission of said plan. The
Applicant shall then promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate of occupancy,the Applicant shall enter into a
Monitoring Agreement, approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shall notify the Building Commissioner, in
2005-003-Page 5
writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain the following terms:
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. The market rate, single-family units to be located within Parcels B, C and D are excluded
for purposes of this provision.
8. During construction, the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond
6:00 p.m; provided, however, that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s) to its consultants and/or Town boards and officials for a written
recommendation or report.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
f. Utilities plan including water,hydrants, gas, electric, cable, and telephone;
g. Signage plan, including signs during the marketing phase;
h. Stormwater management plan;
i. Open space and recreation plan;
j. Snow storage and refuse disposal plan;
k. Cutting plan, showing the limits of clearing;
1. Fire sprinkler plan;
in. Construction management plan.
The Board shall make such determination and communicate same to the Applicant in writing,
specifying any objections, within seventy five(75)days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. Except as waived, all signage, including signs to promote sales,shall comply with the
Zoning By-law and shall be maintained in a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A brick wall, eight(8)feet in height,shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived,with the standards of the
Planning Board's Subdivision Rules and Regulations.
f. An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires,that the following aspects of
the Development on Parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever, any legal responsibility for operation,
maintenance, repair or replacement of same:
All roadways and parking areas
Storm water management facilities, including detention basins
Snow plowing
2005-003-Page 7
Landscaping
Trash removal
Street lighting
Building repair and maintenance
Water and sewer services beyond the individual meter pits
12. The roadway within the Development shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall be responsible for the installation, operation,and maintenance of all
aspects of the common or private facilities on Parcel A set forth above until the final dwelling
unit is conveyed. Thereafter, such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association,the Applicant shall provide written evidence to the
Board that a reserve of two months has been established to fund maintenance and operation. In
the event that a management company is engaged,the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. Prior to the issuance of any certificate of occupancy on Parcel A, the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall be required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution thereof. The Board's legal
counsel shall approve such document as to form after determining that the document is
consistent with this decision, such determination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies, within thirty(30)days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the stormwater management system on Parcel A subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents of the Unit
Owners Association. In the event a management company is engaged,the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain the on-site
wastewater disposal system on Parcel A in accordance with applicable guidelines for operation
and maintenance, the Town may conduct such emergency maintenance or repairs, and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the event the Town conducts such maintenance or repairs, the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town,the Town may place a lien on the Development or any unit
therein to secure such payment, excluding Parcels B, C and D.
17. All invoices generated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town Clerk,whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have been paid in full; unless agreed to b and between the Applicant and
Y Pp
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment.
19. A preconstruction conference with town departments shall beheld prior to the
commencement of construction:
a. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision, "commencement
of construction" shall occur when the clearing and grubbing(removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice, to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any
order of the Department of Environmental Protection(DEP), either if applicable, regarding this
property, shall be made a part of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may be approved by the
Conservation Commission or the DEP,the Applicant shall submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP(if applicable) for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or in hand at a regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shall include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided, reasonably acceptable to the Board,to ensure the
completion of such improvements. The choice of performance guarantee shall be governed by
the provisions of G.L. c. 41, s. 81 U (excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the Board's legal counsel. The Board shall
notify the Building Commissioner, in writing, of such completion or performance guarantee.
2005-003-Page 9
23. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24. In determining the amount of the bond or surety,the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work; plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
25. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages.
26. The Applicant shall provide an "as-built" plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant shall
provide a separate as-built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[28. Reserved]
29. The following conditions were recommended by the Board's consulting traffic engineers,
JNEI, Inc., and shall be required:
* Install a Stop sign and paint a Stop line on the site driveway;
* Install overhead lighting at the site driveway and Route 114;
* Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
* Install intersection warning signs along Route 114 in advance of the site driveway;
* Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
30. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates, and shall be required:
* The Final Design Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal high groundwater. Sufficient soil testing performed by a Massachusetts
Certified Soil Evaluator shall be included.
* The Final Design Plans shall eliminate driveway conflicts exist between units F3 and H 1
and provide ample turning radius for cars in the area of units C2 and D4.
* Final Design Plans shall depict all proposed decks, rails and stairs at the front, rear and
sides of all units.
* The Board finds the submission is not fully comply with the requirements of 760 CMR
31.02. The Applicant has requested the Board act based on the reduced project
"concept"plans. The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stormwater
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 2, 10 and 100 year
24-hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
* The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03,possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03 in review of the Final Plans.
* The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
* The ZBA's engineer shall approve the maintenance schedule for the storm water system..
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
* The Applicant shall obtain a National Pollution Discharge Elimination System(NPDES)
Permit from the United States Environmental Protection Agency (EPA).
* Final grading of the site shall not direct additional runoff onto the property of others.
This project shall not increase the rate of runoff, not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant to assure
2005-003-Page I I
compliance with this condition. The project applicant/owner shall be solely liable for
any damage to other properties as a result of this construction.
* The location of all utilities, including but not limited to underground electric,telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
* A State Highway Access Permit shall be obtained from MassHighway prior to any work
or excavation within Route 114.
* A STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
* Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and MHD
standards.
* Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
* Garages shall be used for parking of vehicles and shall not be converted to living space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel.
* If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty(30)days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Upon review by the Board,the applicant my request in writing the Final Occupancy
Permit.
* Not more than thirty days prior to need for the Final Occupancy permit, the applicant
shall submit with their request for Certificate of Compliance, an affidavit prepared by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans, based upon an on-site
inspection and the referenced site plan. An as-built drawing,prepared by a Professional
Land Surveyor or Professional Engineer,registered in the Commonwealth of
Massachusetts, and depicting the final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
b '
32. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth
of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan showing not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit Owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure
compliance with this condition. This condition shall be enforced by the Police Department.
35. All of the Affordable Units shall have the same package of garage, appliances, fittings,and
fixtures as the base package for the market rate units.
36. The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
39. Prior to issuance of each certificate of occupancy for a market rate dwelling unit,the
Applicant shall provide the sum of five thousand dollars ($5,000.00)to the Town,pursuant to
G.L. c. 44, s. 53A, or G.L. c. 40, s. 5B, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand($195,000.00) dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
40. The Applicant has requested, and the Board has granted,the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project, that additional waivers, not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
2005-003-Page 13
2001 SEP 19 P19 4: 10
MA r. • �,
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Thomas D. Ippolito,the Zoning
Board of Appeals voted 4-1, with the Chairman voting in opposition,to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2007 meeting:
Albert P. Manzi III, Esq., Chairman
Ellen P. McIntyre Vice Chairman
Joseph D. LaGrasse Member A
Thomas D. Ippolito, Associate Member`_ r
Richard M. VaillancourtAssociate Memb
Filed with the Town Clerk on y� t /9 �`� , 2007.
2005-003 -Page 14
` S i
MERRIMAC CONDOMINIUMS EXHIBIT A -
Final Waivers Granted by the ZBA from the North Andover By-Laws and Rules and Regulations _
Section . Criterion Requirement equested Waiver& ZBA Vote: j
EM=Ellen P.McIntyre i
iF ✓
JL=Joseph D.LaGrasse �
AM =AIbert P.Manzi III
I TI=Thomas D. Ippolito
RV=_Richard M.Vaillancourt
5.3 f Town of North y-law contains 25'no-disturb zone Applicant requests waivers from the 25'and 50' no-disturb/no-build zones as set forth
i lkndover Wetland 4 d 50' no build zone from erein and as indicated on the Site Plan of record.
1Protection By-law ordering Vegetative Wetland line. M&JL&TI&RV=GRANT;AM=DENY {
d Regulations
�En
phemeral Pools j50-foot No-Disturbance Zone — plicant requests a waiver to build units,retaining walls,roads and storm water
anagement devices in this zone as shown on the Site flan of record.
- M&JL&TI&RV=GRANT; AM=DENY
13.1 ;Ephemeral Pools F5-foot No-Build Zone jApplicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
M&JL&TI&RV GRANT;AM=DENY
:3.2 =and
("WW")ted Vegetated ?5-foot No-Disturbance Zone pplicant requests a waiver from this requirement. Final plans to show replication as
(" W") compensation of 2:1 is required Veecommended by North Andover Conservation Commission
Section 6.1)._- - EM&JL&TI&RV`GRANT;AM= DENY--- —� _
,3.2 ;[svtated Vegetated0-foot No-Build Zone4ppiicant requests a waiver from this requirement. Final plans to show replication as
Wetland("NW") Compensation of 2:1 is required recommended by the North Andover Conservation Commission
4 ermit Applications 5efoot No-Disturbance Buffer �EM�ant requests a waiver
for h users 1N A,2N-A and 3N-A a/k/a Parcels B,C&D,on,
=DENY
13• � PP rAPP q
neerry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25''
f po-disturb zone,as well as a waiver to build all units,and associated items on Lot 4N-A i.
,hs shown on the Site Plan of record.
�EM&JL&T1&RV=GRANT; AM DENY
3.4 ,Vegetated Wetland 50-foot No-Build Zone �Applieant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,C& D on
Alteration i berry St.to build houses,appurtenances and a sanitary sewer through a portion of the 50'
�o-build zone,as well as a waiver to build all units,and associated iterns on Lot 4N-A as!
i shown on the Site Plan of record.
EM&JL&TI&RV=GRANT;AM=DENY
,
Exhibit A Waivcr.2005-003-Page 1
l
!, _.-Section , .Criterion Requirement {Reuc�ested Waiver& ZBA Vote:
�Applicant requests a waiver from this requirement. Final plans to show replication as
'i.3 Vegetated Wetland Alteration of Wetlands under WPA
rNlteration Viand Bylaw ISW combined not to recommended by the North Andover Conservation Commission.
exceed 5000 SF may be granted. I,EM&JL&TI&RV=GRANT;AM=DENY
7.0 Istorm water ' ommissron has more restrictive Applicant requests a waiver that applicant be held to the standards defined in WPA.
Management and Flood!,requirements than state. IE.M&JL&TI&RV—GRANT; AM=DENY
Control
No rth Andover !
ning Bylaw:
129 B4 uildings and Uses Multi fainly structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted Table 1. permitted in B4 Zone record.
Summary of use EM&JL&TI&RV=GRANT;AM=DENY {
e ulations
4 .123.7 ;Signs eat Estate Sign not to exceed 24"x}Applicant requests a waiver to allow a 2'x4' permanent sign bearing the name of the
b" Development at the entrance,as well as 4'x8'marketing sign until all units are sold.
"TI&RV=GRANT; EM&AM=DENY
1i4.2� Phased Development ,`phased development bylawApplicant requests a waiver from all phasing requirements.
aximum lots developed per year SEM&JL&TI&RV=GRANT;AM=DENY
Ft! 20%of total of 56)=11 II
i
imensional able 2
Aequirements T able of Dimensional
— Lone-B4 Reauirements
7.3 ;Yards(setbacks) ront setback of 100' on Rte 114 Applicant requests a waiver to 12'.
L&TI&RV=GRANT;EM&AM—DENY
`8.4.2 jScreening and equires a strip of 6' wide with Applicant requests a waiver to allow wooded area between units and property line to be
;Landscaping ;trees and shrubs and a fence of at e8 natural per NHESP request that no disturbance occur in this area.
,.Requirements abutting ;least 6' high. L&TI&RV —GRANT;EM&AM=DENY
I i'residential district
I
(Ilagerty on West).
Exhibit A waiver-2005-003-Page 2
section L — Criterion Requirement �2equested Waiver&LBA Vote:
r — ubdivision Rules ander—
eaulations f
f
`2.2 Limit the number of ( ,imit one dwelling on any I pplicant requests permission for building 49 dwellings on 10.8 acre lot
'L dwellings FM&JL&TI&RV=GRANT; AM=DENY
".-I !Street standards for wlin.Centerline Radius--22-5' Applicant requests a waiver to 170'as shown on Site Plan of record,-Pli
inor street j ' L&TI&RV=GRANT; EM&AM=DENY
6.8.1 iStreet standards for Min.turnaround pave dia.100' pplicant requests a waiver to 66'as shown on Site Plan of record. !!'
minor street i &TI&RV=GRANT;EM&AM=DENY I
Exhibit A Waiver-2005-003-Page 3
4 ?
MER.RIMAC CONDOMINIUMS EXHIBIT A
Final Waivers Granted by the ZBA from the North Andover By-Laws and Rules and Regulations
Section Criterion ; _ _Requirement quested Waiver& ZBA Vote: j
EM=Ellen P.McIntyre I
I JL=Joseph D. LaGrasse
t AM =AIbert P.Manzi III
i Tl=Thomas D. Ippolito
ic2SnRV=Richard M. Vaillancourt
S.3 frown of North y-law on o-disturb zone Applicant requests waivers from the 25' and 50' no-disturb/no-build zones as set forth
I 'Andover Wetland and 50' no build zone from erein and as indicated on the Site Plan of record.
[Protection By-law ordering Vegetative Wetland line. ,M&JL&TI&RV=GRANT;AM=DENY
nd Regulations
31 Ephemeral Pools 150-foot No-Disturbance Zone Applicant requests a waiver to build units,retaining walls,roads and storm water I
anagement devices in this zone as shown on the Site Plan of record.
�— �M&X&TI&RV=GRANT;AM=DENY
13.1 ;Ephemeral Pools F5-foot No-Build Zone 'Applicant requests a waiver to build units and associated items in this zone as shown on
he Site Plan of record.
M&JL&TI&RV=GRANT;AM=DENY
;3.2 'Isolated Vegetated 1125-foot No-Disturbance Zone pplicant requests a waiver from this requirement. Final plans to show replication as j
(Wetland("IVW") compensation of 2:I is required recommended by North Andover Conservation Commission
_ __ Section 6.1).x- - EM&JL&TI&RV=GRANT;AM--DFNY---—
13.2 ;isolated Vegetated 0-foot No-Build Zone ;Applicant requests a waiver from this requirement. Final plans to show replication as
!Wettand("IV)W") Compensation of 2:1 is required `recommended by the North Andover Conservation Commission
Lecion !EM&JL&TI&RV=GRANT;AM=DENY
PA Permit Applications otNo-Disturbance Buffer Applicant requests a waiver for houses 1N-A,2N-A and 3N-A a/k/a Parcels B,C&D,onerry St.to build houses,appurtenances and a sanitary sewer through a portion of the 25''
Perry
zone,as well as a waiver to build all units,and associated items on Lot 4N-A
�s shown on the Site Plan of record.
�FM&JL&TI&RV=GRANT;AM DENY
3.4 Vegetated Wetland 0-foot No-Build Zone ,Applicant requests a waiver for houses IN-A,2N-A and 3N-A a/k/a Parcels B,C&D on
'Alteration Perry St.to build houses,appurtenances and a sanitary sewer through a portion of the 50'
o build zone,as well as a waiver to build all units,and associated items on l.ot 4N-A as!
shown on the Site Plan of record.
I
_-. ------- T _ FEM&JL&TI&RV=GRANT;AM=DENY
V Exhibit A Waiver-2005-003-Page i
Section CriterionRequirement (Requested Waiver& ZBA Vote:
''.3 Vegetated Wetland Alteration of Wetlands under WPApplicant requests a waiver from this requirement. Final plans to show replication as
Alteration Find Bylaw ISW combined not toecommended by the North Andover Conservation Commission.
'
xceed 5000 SF may be mranted. &&JL&TI&RV=GRANT; AM=DENY
7.0
{
1Stortn water ommission has more restrictive (Applicant requests a waiver that applicant be held to the standards defined in WPA. �
t'�[anagement and Flood;requirements than state. IEM&JL&Tl&.RV=GRANT; AM=DENY �
Control
—
North Andover- _--- — --
�
.129 B4 Buildings and Uses Multi family structures are not Applicant requests a waiver to allow multifamily units as shown on the Site Plan of
District Permitted"fable 1. permitted in B4 Zone record.
Summary of use EM&JL&TI&RV=GRANT;AM=DENY i
-.-1-2-3.7
e ulations
123 7 ;Signs eal Estate Sign not to exceed 24" pplicant requests a waiver to allow a 2'x4' permanent sign bearing the name of the
b" development at the entrance,as well as a 4'x8'marketing sign until all units are sold.
_ — JL&TI&RV=GRANT;EM&AM=DENY
4.2 h'hased Development 'hased development bylaw, pplicant requests a waiver from all phasing requirements. i
aximum lots developed per year �EM&JL&TI&RV=GRANT;AM=DENY
20%of total of 56}-11
rimensional able 2
equirements Table of Dimensional
Kone-B4 _. Requirements -
17.3 Yards(setbacks) jFront setback of 100' on Rte 114 ;Applicant requests a waiver to 12'.
JL&TI&RV=GRANT;EM&AM-DENY
!8.4.2 I.Screening and �equires a strip of 6' wide with Applicant requests a waiver to allow wooded area between units and property line to be 'i
I andscaping trees and shrubs and a fence of at eft natural per NHESP request that no disturbance occur in this area.
1Requirements abutting !least 6'high. PL&TI&RV =GRANT;EM&AM=DENY
I iresidential district
lllagerty on West}.
Exhibit A Waiver-2005-003-Page 2
Section L Criterion Requirement Oequested Waiver& LBA Vote: '
Subdivision
Rules and
-5
2.2 1•imit the number of [l.imit one dwelling on any lot pplicant requests permission for building 49 dwellings on 10.8 acre lot
dweiltn s JEM&JL&TI&RV=GRANT; AM=DENY
"A I'—street—standards for 'vlin.Centerline Radius-225' pA plicant requests a waiver to 170'as shown on Site Plan of record.
—Inmor street ' L&TI&RV=GRANT-EM&AM=DENY
6.8.1 :Street standards for Min.turnaround pave dia.100' pplicant requests a waiver to 66'as shown on Site Plan of record.
y
minor street iPLATI&RV=GRANT; EM&AM=DENY
Exhibit A Waiver-2005-W3-Page 3
A
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
Pre-Meeting Thomas R.Gleason,Executive Letter notifying site approval,with requirements and 1-31-05
1. Director, Municipality issues about the proposed 40B
MassHousin ,
To 3-8-05 One Hundred Fourteen Trust, Affordable Housing Proposal—Merrimac Town Clerk
2. 51 Mount Joy Drive, Condominiums, 1)List of Documents,2)BOA 2-9-05
Tewksbury,MA Application[Comprehensive Permit],3)Project
Eligibility,4)Site Control,5)Tabular Data,6)Plans,
Miscellaneous
3. Susan Sawyer,Public Health Memorandum responding to ZBA 2-10-05 memo 2-11-05
Director,North Andover requesting Board/Department concerns&attached Board
of Health dum ster regulations
4. North Andover Zoning Board Legal notice[Parcel 63= 10.03 ac.,95 units) Town Clerk
C of Appeals{NA ZBA) 2-11-05
5, Atty.Thomas J.Urbelis,Town Letter responding to ZBA 2-10-05 request 2-15-05
Counsel
6. Chief William V.Dolan,NA Letter and e-mail response to ZBA 2-10-05 request 3-1-05
Fire De artment
7. Mark Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1-05
NA ZBA 2-10-05
8, One Hundred Fourteen Trust Update March 2,2005 Affordable Housing Proposal I) 3-2-05
Waivers revised,2)Permits on hand,3)Curriculum
Vitae
9. Dermot J.Kelly Associates, Traffic Impact&Access Study 3-2-05
Inc.
280 Main Street.North
Reading,MA
10. Alison McKay,NA Memorandum response to ZBA 2-10-05 3-3-05
Conservation Administrator
t 1. Jack Sullivan,Director of Memorandum to ZBA 2-10-05 3-3-04
Engineering,NA DPW
12, Lincoln Daley,NA Town E-mail response to ZBA 2-10-05 34-05
Planner
To 4-4-05 Lt.John Carney,NA Police Memorandum response to ZBA 2-10-05 3-16-05
13. Dept
14. Nathalie.Wiles,89 Windsor Letter to Neighbors and Abutters,3-14-05, 1)North Rec'd
Lane Andover clipping of 3-4-05,2)Letter excerpt,3)40 3-28-05
signatures
15. One Hundred Fourteen Trust Update April 4,2005 Affordable Housing Proposal I) 3-30-05
Response to comments,2)Waivers updated 3)Site plans
updated
To 6-7-05 Ellen P,McIntyre,Chair, Letter to Heidi Griffin,Director,NA Community 4-13-05
16. North Andover Zoning Board Development re: 10.03 acres vs. 14.77 acres.
of Appeals
17. Atty.Donald F.Borenstein, Letter to Sarah Hall,MassHousing re: Entirety of 4-13-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 Chestnut St., the proposed project.
Andover,MA
is. Nathalie Wiles,89 Windsor Further 17 signatures for 3-14-05 petition 4-29-05
Lane ^'
19. NA Conservation Commission Order of Conditions for Ma 106D,Parcel 63
-� ` , 1
Exhibit B-Documents-2005-003-Page 1 `� +
(A
�JQr1•in11;1c Cctidomii,iums khibit B
Item NO ,acnt From ContentsiNotes
Item Date
_...........
j J } Jll1_c'e"' Rel lwd El[i( Til 11l(1F1_�[kCll� 11''rn' loan l es'_k 5
parcels 44= -4. & 5 rind c}:at� aci a4e i?�;,n
-.03 10 i4.�- ;acres.
oi-Lurid, Lots a N, 2N 3N_and 4N 11CIT) Street
and Route 114,N'ortb Andover,Hass, Plan Date k 23 96.
!Tann;ng Board Appro%,al under Subdivision Control,
mcxting}arid on 119 99, NERD Plar .13394 dated
�'. -lssesvor's map 106D dated 6-5 ('J 1,kith added 3
parcels indicated
+ a;ald l Boa en,t in Cover letter for the 'vtt,sl lOusint MO&I Rezuixtoty
Agreem,�,ni.Deed Rider, and_Nlonitoring Sen ices
Agreement
=. tl Andover`honing Board Amended legal notice, .adding 3 Berry Street parcels. Town Clerk
Ido%1 40B is Map 706.D, Parcels 63,44,74,& `5 = 5-13-05
i
14.77 ac. for 95 units
3. ah Naini M Hickey, 32S I Ncvv information on the 40B development on Rt. 114 6-2-05
C n�rabcll Road 2.Latest Petition trorn 40B Builder Raises More
-1 roubling Questions pp 1-5, 5-27-05 3. F-trail Atty.
Borenstein& plan,revised boundaries 4-6-05. 4. Letter
to Sarah Hall,MassHousing re Town response 9-10-04.
5. MassHousing Application letter & information 6-29-
04. 6.Housing Starts Project Eligibility Application, 7.
Resume,Tab J[of application package). 8-15. 8 sheets of i
black& white site Pictures.
24 One Hundred Fourteen Trust An Update,Tune 7,2005 booklet. A.The Merrimac 6-2-05
Condominiums Sheet 1 of 2 5-27-05.B. The Merrimac
Condominiums Parking Sheet 1 of 1 5-27-05,C. Site
Lighting Plan SL-1 5-27-05, D.Berry Street Proposed
Improvements Sheet 1 of 1 5-27-05.E.Dermot J.Kelly I
_ Associates Inc. Traffic Impact&Access Stuff 5-31-05.
25. One Hundred Fourteen"frust A. The Merrimac Condominiums Sheet 1 of 2 rev.6-6- Rec'd.
1 05. B.The Merrimac Condominiums Parking S1 1 of 6-7-05
1,rev. 6-6-05.C, Site Lighting Plan SLA,rev. 6-6-05.
D.Bent'Street Proposed Improvements Sheet I of 1,
_ rev. 6-6-05
One Hundred Fourteen Trust Typical Section—Building A,3 pages. [Full elevation, Rec'd.
_ garage elevation,Floor plan]no date 6-7-05
2�
One Hundred Fourteen Trust Typical Section—Building B,2 pages. [Garage Recd.
elevation,F1oo_Ultinl — 6-7-05
28, David N1. Crawley Associates I Mass State Building Code Analysis Rec'd.Inc_North Office,4 School � 6-7-05
{ St.. Acton,MA
To 3-2-06 Stephan Hauville,Unit I & Letter requesting perimeter fence between 1980 6-7-05
29. Tom Diorio.Unit 3, 1980 Turnpike Street and 40B property.
_ Turnpike Street
30. Susan Deunett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-05
Partnership Committee Condominiums,4-22-05 —
Exhibit B--Documents-2005-003 -Page 2
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
20, One Hundred Fourteen Trust A.Revised application,Special Permit form pages 2&3 5-5-05
adding parcels 44,74,&75,and changing acreage from
10.03 to 14.77 acres.
B.Plan of Land,Lots IN,2N,3N,and 4N Berry Street
and Route 114,North Andover,Mass,Plan Date 8/23/96,
Planning Board Approval under Subdivision Control,
meeting held on 1/19/99,NERD Plan#13394 dated
February 2, 1999.
C.Assessor's map 106D dated 6-5-01,with added 3
parcels indicated.
21. Atty.Donald F,Borenstein I Cover letter for the MassHousing model Regulatory 5-6-05
Agreement,Deed Rider,and Monitoring Services
Agreement
22. North Andover Zoning Board Amended legal notice adding 3 Bent'Street parcels. Town Clerk
of Appeals Now 40B is Map 106.1),Parcels 63,44,74,&75= 5-13-05
14.77 ac.for 95 units
23. William M.Hickey,328 1.New information on the 40B development on Rt. 114 6-2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
Troubling Questions pp 1-5,5-27-05.3. E-mail Atty.
Borenstein&plan,revised boundaries 4-6-05. 4.Letter
to Sarah Hatt,MassHousing re Town response 9-10-04.
5.MassHousing Application letter &information 6-29-
04. 6.Housing Starts Project Eligibility Application.7.
Resume,Tab J[of application package).8-15. 8 sheets of
black&white site ictures.
24. _ One Hundred.Fourteen Trust An Update June 7,2005 booklet. A.The Merrimac 6-2-05
Condominiums Sheet I of 2 5-27-05.B.The Merrimac
Condominiums Parking Sheet 1 of 15-27-05,C.Site
Lighting Plan.SL-I 5-27-05.D.Berry Street Proposed
Improvements Sheet 1 of 15-27-05.E.Dermot J.Kelly
Associates,Inc. Trak Impact&Access Stud 5-31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet 1 of 2 rev.6-6- Ree'd.
05.B.The Merrimac Condominiums Parking Sheet 1 of 6-7-05
1,rev.6-6-05.C.Site Lighting Plan SL-1,rev.6-6-05.
D.Berry Street Proposed Improvements Sheet I of 1,
rev.6-6-05
26, One Hundred Fourteen Trust Typical Section—Building A,3 pages. [Full elevation, Rec'd.
Garage elevation,Floorplan]no date 6-7-05
27. One Hundred Fourteen Trust Typical Section—Building B,2 pages.[Garage Rec'd.
elevation,Floorplan] 6-7-05
28, David M.Crawley Associates Mass State Building Code Analysis Rec'd.
Inc.,North Office,4 School 6-7-05
St.,Acton,MA
To 3-2-06 ; Stephan Hauville,Unit I & Letter requesting perimeter fence between 1980 6-7-05
29. ' 'Tom Diorio,Unit 3, 1980 Turnpike Street and 40B property.
Turnpike Street
30. Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6-8-05
Partnership Committee Merrimac Condominiums,3-9-05
31. George Koehler,NA Housing e-mail Additional comments on Merrimac 6-8-05
Partnership Committee Condominiums,4-22-05
Exhibit B—Documents-2005-003 -Page 2
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
32. One Hundred Fourteen Trust An update July 12,2005 booklet. 1)Letter responding to Rec'd 7-6-05
June 7,2005 questions,2)Tabular Data[3 p.],Amended
Order of Conditions,5/3/2005,3)undated e-mail to
Heidi Griffin,Jacki Byerley from Chief Dolan re: the
proposed building on Rte 114,4)David M.Crawley
Assoc.Inc.Architects-The Merrimac Condominiums
7/6/05,Building A Floor Plans A1,00,A1.01,Elevations
A2.01,A3.01,Building Section A4.01,Building B Floor
Plan A5.00,Floor Plans A5.01,Elevations A6.01,
Building A7.01,6)DJK Curbcut Permit Plan,04/05/05.
33, Patrick C.Garner,Patrick C. A)The Merrimac Condominiums,Route 114,North Rec'd 7-6-05
Garner,Company,Inc., 109 Andover,Mass.5/27/05,6/6/05,711/05,sheet I of 2,B)
Whitney Street,Northborough, The Merrimac Condominiums Parking,North Side of
Mass. 01532&Kanayo Lala, Route 114,North Andover,Massachusetts May 27,
Professional Engineer,Four 2005,6/6/05,7/01/05 sheet of 1
West Road,West Actor,MA
01720
34. Patrick C.Garner,Patrick C. C)Berry Street Proposed Improvements Sheet 1 of 1 Rec'd 7-6-05
Garner,Company,Inc., May 27,2005,revisions July 1,2005.
35. Patrick C.Garner,Patrick C. D)The Merrimac Condominiums Site-Lighting,North Rec'd 7-6-05
Garner,Company,Inc.,& Side of Route 114,03/08/05,E)The Merrimac
Kanayo Lala,Professional Condominiums Site-Lighting,North Side of Route 114
Engineer @ Berry Street,07/05/05
36. David M.Crawley Associates The Merrimac Condominiums,Rte 114&Berry St, Rec'd 7-6-05
Inc. North Andover,MA,Floor Plans,7/05/05,sheets S-A.1,
S-B.1,S-AB1
37. MINCO Corporation,231 A Fiscal Impact Study prepared for One Hundred 7-5-05
Sutton Street,North Andover, Fourteen Trust,27 p.&Addendum I-Profit Analysis
MA Provided by Client&Addendum II--Scenario 2:
Number of Students at Breakeven
38. Timothy B. McIntosh,P. E., Review of Merrimac Condominiums application 7-11-05
Vanasse Hangen Brustiin,Inc.,
101 Walnut Street,
Watertown,MA
39. -� P,L. Hingoran.i,Trustee,One Letter requesting working session with a Subcommittee 7-12-05
Hundred Fourteen Trust of the board.
40. One Hundred Fourteen Trust A.Offer Alternates to North Andover ZBA,B.Alternate 8-25-05
1 The Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt. 8/22-05,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
6/06/05,7/01/05,Alt-8/22-05
41. NA ZBA Memo to Peter Hingorani on first response to the 8-22- 9-8-05
05 drawings
42. One Hundred Fourteen Trust e-mail describing alternatives 1 through 5,with 3 PDF 1-23-06
attachments: Alternate#3-Patrick C.Garner,Patrick C.
Garner,Company,Inc.,64-Chap.40B Residences,
North Andover,Mass.Jan. 12,2006,Alternate#4-[961
Proposed Multi-Family Units,Jan.07,2006,
Alternative#5- 112 Multifamily Units,Jan. 10,2006,
and I CAD
43. Patrick C.Garner,Patrick C. Single&Multi-Family Units,56-Chap.40B + Rec'd
Garner,Company,Inc., 109 Residences North Andover,Mass.,@ Patrick C.Garner 2-23-06
Whitney Street,Northborough, 2005,Feb.20,2006,Feb.22,2006.
Mass.01532
Exhibit B-Documents-2005-003-Page 3
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
44• NA ZBA Legal notice hearing continues 3-2-06&56 units down Town Clerk
from 95 2-24-06
45 Lt.Andrew Mrinikas,NA FD e-mail:Pian needs more detail,i.e.Hydrants& 2-28-06
sprinklers
46• Lt. Andrew Melnikas,NA FD e-mail 3-1-08 meeting result: residential sprinklers& 3-1-06
hydrants every 500',FD can accept 18'roadway
47. Alison McKay,NA Memo re:56 Single&Multi-family concerns about 3-1-06
Conservation Administrator bridge,building setbacks from wetlands,trail,&
proposed ARAD
48, North Andover Housing Criteria for Measuring the Appropriateness of Chapter 3-2-06
Partnership Committee 40B Projects,6/1/04
49. , One Hundred Fourteen Trust Letter and charts re:Replace the two,5 story buildings 3-2-06
(with parking under) ...with 56 3-bedroom,single&
multi&remove 1N,2N,and 3N from theapplication...
4-25-06 Comm. of Mass. Superior Summons:Keeper of Records all documents re: 3-6-06
50. Court,Civil Action No. Variance dated 4-11-01
ESCV2002-01931
51.. Patrick C. Garner,Patrick C. Single&Multi-Family Units 56—Chap.40B Residences 3-14-06
Garner,Company,Inc. North Andover,Mass, ,Mar. 14,2006,Sheet I of I
52. One Hundred Fourteen Trust e-mail Excel worksheets: 1)Build cost$per SF—Inner 3-29-06
&End units,3/24/2006;2)Discounted Cash Flow
Analysis 3-19-06;4)Proforma 3-23-06;5)ZBA$Per
SF Builders Cost 3/192006
53. One Hundred Fourteen Trust An Update April 25,2006 Affordable Housing Proposal: Rec'd 4-18-
1)Kathleen M.Burns,MassHousing letter April 12, 06
2006 PE-267 Project Eligibility(Site Approval),2)
Architecturals[5 drawings dated 3/3/06,3/17/06&n.d.],
3)Dermot J.Kelly Associates,Inc.April 14,2006
response to VHB July 11,2005 report[13 pages],4)
Proforma 3-23-06[1 I pages]5)Waivers 6)Patrick C.
Garner Co.,Inc.-Single&Multi-Family Units,56—
Chap.40B Residences North Andover,Mass.,Mar. 14,
2006,May4,2006,May 30,2006,sheets 1-4,.7)Patrick
C.Garner Co.,Inc. -Plan for ANRAD Lots 1-N thru 4-
N,
N,3-8-06,rev.,4-18-06,5-8-06,5-10-06 sheet 1 of 1,8) '
DJK Route 114 Curbcut Permit Plan#457,3/15/06,sheet
I of 1.
54• j North Andover Housing Criteria for Measuring the Appropriateness of Chapter Rec'd
Partnership Committee 40B Projects,611/04 4-25-06
Exhibit B—Documents-2005-003 -Page 4
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 6-28-06 One Hundred Fourteen Trust An Update June 8,2006 Affordable Housing Proposal: Rec'd
SS. 1)Patrick C.Garner Co.,Inc. Single&Multi-Family 5-30-06
j Units,56-Chap.40B Residences North Andover,
Mass.,Mar. 14,2006,May 4,2006,May 30,2006,
sheets 14&Proposed ANR Plan,Lots 1N-A thru 3N-A,
May 30,2006 2)Patrick C.Garner Co.,Inca -Plan for
ANRAD Lots 1-N thru 4-N,3-8-06,rev.,4-18-06,5-8-
06,5-10-06 sheet 1 of 1;3)David M.Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5/26/06,
A1.01,A2.01,Front Elevations,4/25/06 A3.01,
Elevations 5/26/06,A4.01;4)NA Conservation
Commission,Order of Resource Area Delineation,
5/25/06;5)Waiver s[requested];6)Proforma 5-22-06&
6)Kanayo Lala 21-May-06 Preliminary Bid based on
Plans dated 5/11/06 7); 7)DJK letter requesting
MassHighway application curbcut 5-22-06,8)DJK
Routs 114 Curbcut Permit Plan#457,3/15106,sheet 1 of
I.
To 8-10-06 One Hundred Fourteen Trust An Update June 8,2006,duplicate of above Ree'd.7-5-06
56,
57. T Ellen P.McIntyre,Chair, Request Town Boards/Departments response to Update 7-6-06
_ NAZBA June 8,2006
S8. Susan Sawyer,NA Health Response to Update 6-8-06 pamphlet;on sewer=no 7-10-06
Administrator Health'urisdiction
59. :tDistrict
lliam V.Dolan,Chief,NA Response to Update 6-8-06;density of the structures;all 7-10-06
units should be sprinkled;some must be
60. ricIg
Leavenworth,P.E., Letter to Dermot J.Kelly re: Merrimac Condominium 5-30-06
hway Director, curbcut onto State route 125,Turnpike Street
sswa
61. George F.Koehler,Chair, Letter to Peter(Pribhu)L.Hingorani requesting 6-9-06
North Andover Housing inclusion of play areas for children of 3 BR
Partnership Committee development.
62. Curt Bellavance,Director, Memo to Board of Selectmen re:site located on 7-21-06
Community Develo meat Turnpike Street
63. Alison McKay,NA Merrimack Condominiums-Berry Street/Tumpike 8-3-06
Conservation Commission Street,Applicant-One Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64. Douglas C.Prentiss,P.E., JNEI Project 6139,Traffic Peer Review,Merrimac 84-06
P.T.O.E.,Judith Nitsch Condominiums 40B,Turnpike Street(Route 114)[1")
Engineering,Inc., 186 Lincoln
_ Street,Suite 22,Boston,MA
65. Patrick C.Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,Route 7-27-06
Garner,Company,Inc. 1]4,North Andover,July 27,2006[4 pages] &26
Au ust, 1998 132 pages+ 133, 134),received 8-8-06
66. Patrick C.Garner,Patrick C. Cover letter to Joseph D.Peznola,PE re:Hydrology, 7-28-06
Garner,Company,Inc. Merrimac Condominiums received 8-8-06
67. Patrick C.Garner,Patrick C. Patrick C.Garner Co.,Inc.-Single&Multi-Family Ree'd 8-8-06
Garner,Company,Inc. Units,56-Chap.40B Residences,North Andover,
Mass.,July 27,2006,sheets 1,2,3,4 of 8;Pre-&Post-
Watersheds,Sheet 5 of 8,Utility&Drainage Sheet,
sheets 6,7,8 of 8
68. i Lincoln Daley,NA Town Planning Board preliminary review Merrimac Rec'd.
_ Planner Condominium 40B project 3 a es 8-9-06
Exhibit B-Documents-2005-003-Page 5
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
69, Dermot J. Kelly Associates, August 10,2006 Response to Traffic Peer Review 8-10-06
Inc. Memorandum, 11 pages,&Appendices: 1)Nitsch
Traffic Peer Review 84-06,7 pages,2)Accident Data
and Accident Rate Calculations,3)Background trip
generation,4)Level of Service Analysis,&5)The
March 16,2006 North Andover Fire Department
comment memorandum and the July 10,2006 North
Andover Fire De artment comment letter.
To 9-28-06 NA Board of Selectmen Merrimac Condominium Comprehensive Permit 8-14-06
70• [comments]recommending Board not waive regulatory
boards and commissions right to review..,
71. Joseph 1). Peznola,P.E., Engineering Peer Review,The Merrimac Condominiums 8-28-06
Hancock Associates,28 Lord
Road,Suite 280,Marlboro,
MA
72. Lt.John Carney,NA PD Police review:2 concerns,street lighting& 18'wide 9-11-06
roadways vs.guest parking.
73. Eugene P. Willis,P.E., Merrimac Condominiums 40B ...traffic review;concurs 9-20-06
Director of Engineering,NA with Nitsch Engineering report August 4,2006,
DPW specifical!y,the LOS analysis_
74. Dermot J.Kelly Associates, DJK&Proponent's answer to JNEI Traffic Peer Review 9-21-06
Inc.
75. Patrick C.Garner Company, Hancock Engineering Peer Review[response] 9-21-06
Inc.
76. One Hundred Fourteen Trust "An Update(to]September 28,2006"
1)Patrick Garner response to Con Com&Planning 8-14-06
Board. 2)Patrick Garner response to Hancock 9-22-06
Engineering Hydrology Comments 3)One Hundred
Fourteen Trust Tabular Data(2 pages]4)Patrick C. 9-22-06
Garner Co.,Inc,—Single&Multi-Family Units,56—
Chap.40B Residences,North Andover,Mass.,July 27,
2006,Sept 20,2006,Sept 22,2006,sheets 1,2,3,4 of 8;
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
_
Drainage Sheet,sheets 6,7,8 of 8,
77. Douglas C.Prentiss,P.E., JNEI Project 61.39,Traffic Peer Review,Merrimac 9-27-06
Judith Nitsch Engineering, Condominiums[2°4]
Inc,
78. Joseph D.Peznola,P.E., Engineering Peer Review,Second Review,The 9-28-06
Hancock Associates Merrimac Condominiums
To 11-2-06 Joseph D, Peznola,P.E., Engineering Peer Review Third Review,The Merrimac 10-26-06
79. Hancock Associates Condominiums
Exhibit B -Documents-2005-003 -Page 6
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
80. One Hundred Fourteen Trust An Update November 2,2006: 1)Faxed response of NA Rec'd
Public Schools,location of bus shelter 10/24/06;2) 10-27-06
Response to Joseph Peznoia peer review 9-26-06;3)
David C.Crawley,Typical Building Cross Section,Floor
Plans A1.01 &A2.01,Front Elevations A3.01,
Elevations A4.01,4-2?-06 4)Waivers,5)Proforma 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA;6)Kanayo Lala 10/25/2006 Preliminary Bid based
on Plans dated 10/20/06 7);Dermot J.Kelly cover letter
&Appendix A.DJK Letter to MassHighway 5-22-06,B.
MassHighway to DJK 5-30-06&C.fire emergency
vehicle graphics SU-30 accessing units 5,7,&55,
10/24/06,[3 sheets] 7 8)Patrick C.Garner Co.,Inc.—
Single&Multi-Family Units,56-Chap.40B
Residences,North Andover,Mass.,July 27,2006,Sept
20,2006,Sept 22,2006,Oct 17,2006,sheets 1,2,3,4 of
8;Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
_
Drainage Sheet,sheets 6,7,8 of 8.
81. Michael H. Jacobs,Michael 1)Merrimac Condominiums Financial Analysis,North 10-27-06
Jacobs MHJ Associates,41 Andover Zoning Board of Appeals,4 pages,2)Base Pro
Coolidge Street,Brookline, Forma[3 pages],3)Adjusted Pro Forma[2 pages]
MA
82. Douglas C. Prentiss,P.E., Traffic Peer Review[update] 11-1-06
Judith Nitsch Engineering,
Inc.
To 12-1.9-06 One Hundred Fourteen Trust better to Michael Jacobs re:Draft Pro Forma eliminating 11-9-06
83. 7 townhouse units&adding three single-family houses
on Berry Street[on N1,N2,&N3 [MI06.DP44,74,
&75
84. One Hundred Fourteen Trust Proforma 49+3 11/13/06
85. Ellen P.McIntyre,Chair,NA Memo inviting Conservation Commission to I2-19-06 11-15-06
ZBA
86. Patrick C. Garner Company, Village Concept,Version 2B&Version 2C,Single& 12-15-06
1 Inc. Multi-Family Units,56—Chap.40B Residences,North
Andover,Mass.,July 27,2006,Sept 20,2006,Sept 22,
2006,Oct 17,2006, 12/07/06,12/11/06, 12/12/06,
12/14/06
87. Atty. Donald F.Borenstein Letter requesting 12-19-06 be continued to 1-16 or 18-07 Town Clerk
Johnson&Borenstein, 12 12-26-06
Chestnut Street,Andover,MA
Exhibit B—Documents-2005-003 Page 7
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
To 1-23-07 One Hundred Fourteen Trust An update January 23,2007[52 units;49+3] 1)David 1-16-07
88. M.
Crawley,Registered Architect#1082-Typical Front
Elevation Five Unit Complex J145,5 Unit Complex JI-
J5,first floor plan,Typical unit AA,BB first&second
floor plans,Typical unit CC,DD first&second floor
plans,Typical Double Unit EE first,second,third floor
plans,Typical Building Cross Section,[6 p.],January
15,2007 2)Houses on Berry Street,Integrity Design,
498 Great Road,Acton,MA Owner/Builder Trust
Development,Plan 2 Federal,[8 pages]Grafton,MA
November 2,2006 C 2006 3)Proforma,4)Waivers,5)
Plans,6)Dermott J.Kelly-Letter 1-12-07 to D.
Prentiss,7)DJK-Route 114 Curbeut Permit Plan
01/10/07&Patrick C.Garner-Multi-Family Units 49-
Chap.40B Units 1/05/07, 1/09/07 1-3 sheets,Patrick C.
Gamer-Landscape Plans,49 Chap.40B Units, 1-2
sheets,n.d.
89. NA ZBA NA ZBA&Conservation Commission meeting notice Town Clerk
1-18-07
To 3-13-07 i Patrick C.Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units, 2-23-07
90. Gamer,Company,Inc. Route 114,North Andover,[10 p.],88 pages,July 27,
2006,R 2/23/07
91. One Hundred Fourteen Trust An Update March 13,2007 10 1)Proforma 04-Mar-07, Ree'd
2)David C.Crawley,8-1/2x11 of below,3)DJK Route 3-13-07
114 Curbcut Permit Plan 3-4-07&4)Patrick C.Garner-
Multi-family units 49 40B Units 2-23-07 sheets 1-7,
Watershed Areas 2-23-07sheet 1,5)David M.Crawley-
Floor Plans 1-23-07 A1.01 &A2.01 &Fiveplex Plan&
Elevations,A3.01,6)Patrick C.Garner-Proposed ANR
Plan Lots IN-A thru 4N-A,May 30,2006,rev.Aug-9,
2006 sheet 1
To 3-29-07 Susan Sawyer,NA Public Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
92. Health Director Update"show on site dum seers if private trash disposal.
93. One Hundred Fourteen Trust e-mail&attached 3-22 Proforma&3-23-07 Ietter to M. 3-23-07
Jacobs
94. Timothy J.Willett&Eugene Response to 3-13-07 One Hundred Fourteen Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One Hundred Fourteen Trust An Update April 10,2007,Affordable Housing 3-27-07
95. Proposal: 1)Proforma,2)Kanayu Lala-Engineering
Estimate,3)Zoning Chart,Zoning District(134 for lot
#N4)4)Proposal Meets the Following Criteria of the
Zoning Bylaw f 3 pages],5)Waivers,Permits and
Exemptions to Town of No.Andover By-Laws and
Rules and Regulations,7 pages,6)Patrick C.Garner-
iTypical Roadway Section 10-16-06,7)Patrick C.Garner
Watershed Areas 3-22-07,Sheet 1,-Patrick C.Garner
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
Garner-Proposed ANR Plan,May 30,2006,Aug 9,
2007,3/26/07 Sheet 1
96. Patrick C.Garner,Patrick C. Patrick C.Garner&Kanayo C.Lala,R.P.E.,No.33710- 3-26-07
Garner,Company,Inc.& C-Hydrological Study,July 27,2006,rev 2/23/07,
Kanavo C. Lala,R.P. E.,No. 3/26/07,[cover,1 I pages] 128 pages.
33710-C
Exhibit B-Documents-2005-003-Page 8
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item Date
97. One Hundred Fourteen Trust e-mail&PDF of M. Jacobs e-mail correspondence re: F3-
8-07
fiscal analysis of Be Street houses
98. Douglas C.Prentiss,P.E., Nitsch Project#6139 [3d traffic peer review,2 pages) 9-07Judith Kitsch Engineering,Inc
One Hundred Fourteen Trust a-mail Berry Street information&PDF of attachments 9-07
i numbered 8,9,4,1,7,5,6&2 elevations&floorplans]
100. Michael H.Jacobs,Michael e-mail&PDF of Merrimac Condominiums Update to 4-2-07
Jacobs MHJ Associates Financial Analysis April 2,2007[10 ages]
101 Joseph D. Peznola,P.E., Hancock Associates Engineering Peer Review,Fourth 4-2-07
Hancock.Associates review 18 pages]
102. One Hundred Fourteen Trust Composite Updates April 10,2007[documents from 2-9- Recd 4-3-07
05 application to"An Update 4-10-07'in 3-1/2"binder]
103. Patrick C. Gamer,Patrick C. e-mailed 4-5-07 letter to J.Peznola,Hancock re: 4-5-07
Garner,Company,Inc. Wetland Waiver Narrative&44-07 letter to NA ZBA
Narrative for Wetlands By-law Waiver Issues,
Merrimack Condominiums,5 pages.
To 5-3-07 Atty. Donald F. Borenstein Letter dated 4-5-07 requesting that the public hearing be 4-5-07
104. closed.
105. I Joseph D.Peznola,P.E., Summary of Outstanding Issues[9 issues,3 pages] 4-10-07
Hancock Associates
106. One Hundred Fourteen Trust Town Comments and Consultant Reviews April 10,2007 4-10-07
cam ilation booklet
107. One Hundred Fourteen Trust NHESP file 07-21329(Natural Heritage&Endangered 4-17-07
Species Program)plan booklet
108. William V. Dolan,Chief,NA e-mail—OK with last revision 4-26-07
I FD
109. Alison McKay,NA Memorandum[Response to April 17,2007]agreeing 4-26-07
Conservation Administrator with the Hancock 4-2-07&4-10-07
To 5-9-07 One Hundred Fourteen Trust 1)Multi-family units,49—Chap.40B Residences,North Ree'd 5-4-07
110. Andover,Mass.sheet 1 of 7;3-22-07,2)Building
Layout Plan,49-Chap.40B Residences,North
Andover,Mass.sheet 2 of 7,4-6-07;3)Building Layout
Plan,49—Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3-22-07;4)Drainage&Util.Plan,49—
Chap.40B Residences,North Andover,Mass.,sheet 4 of
7,3-22-07;5)Drainage&Util,Plan,49 Chap.40B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6)Landscaping Plan,49-Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07;7)Landscaping
Plan,49—Chap.40B Residences,North Andover,Mass.,
` sheet 7 of 7,3-22-07; 8)Proposed ANR Plan,Lots IN-A
thru 4N-A,North Andover,Mass.,sheet 1 of 1,3-26-
07&CD of the 8 plans.
To 6-12-07 1 Lt.John Carney,NA PD Memorandum responding to 4-6-07 site plans,concerned 5-11-07
111. that 1 car garage for 3 bedrooms causes stacked parking
or on-street parking;police recommend against on-street
parking.
To 6-28-07 Under Advisement
Exhibit B—Documents-2005-003 -Page 9
Town of North Andover Town Clerk?"ime Stamp
ZONING BOARD OF APPEALS
1lbert P. Uanai 11I,Intl. C7rwirmt J
ax . .
11](11 P.Nkhitwrc f ie0),nrv;an 4 NORTH
Richard 1. livers I tid. ( ,rl O x,010 rdg Joseph n l:,e,tasse �`�� _ �° °� 2G0�SEP 19 HI I 0
Dan id R. %Vektcr 7D
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I'liomas 1). 13 polite:
b
Richard M. \aillana>nrc w»o�fiy A`
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Danic_1 S. I3racse, [acl, Ss�iCHU5��
FINDINGS AND DECISION
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11,2007
PROCEDURAL HISTORY
1. On or about February 9,2005, One Hundred Fourteen Trust, 51 Mount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals(Board), pursuant to G.L. c. 40B, to construct an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct"for sale" ninety-five(95)condominium dwelling units,
consisting of two structures to be called "Merrimac Condominiums" (the"Development"). As
proposed, the Development would be located on a site with approximately 14.77+l-acres of
land being Map 106D, Lots 63, 75, 74, and 44(hereinafter, the Subject Property). Portions of
the Subject Property are located in the B4,R2 and VR zoning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein,the Subject Property is proposed to
be re-divided into 4 parcels, a.)Parcel A a/k/a Lot 4N-A consisting of 10.8 acres of land with
frontage on Turnpike Street a/k/a Route 114;b.)parcel B a/k/a Lot IN-A consisting of 1.9 acres
of land with frontage on Berry Street; c.)Parcel C a/k/a Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d.)Parcel D a/k/a Lot 3N-A consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised public hearing was opened on March 8 2005, and continued to the
following dates:
March 8, 2005
April 4, 2005
June 7,2005
March 2,2006
April 25, 2006
June 8,2006
June 28, 2006
August 10, 2006
September 28, 2006
November 2, 2006
December 19, 2006
January 23, 2007
March 13,2007
1 t 00 Osgood Street,Building 20 Suite 2-36,North Andover,Massachusetts 01845
Phone-978-699-9541 Fax-978-688-9542 Web-w%vNv.totimofnorthandover.com
S
March 29,2007
April 10, 2007
May 3,2007
May 9,2007
June 12, 2007
June 28, 2007
3. The public hearing was terminated on June 28, 2007. The Board discussed the decision and
the requested waivers during the meetings of August 30, September 6, and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
5. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 31.01:
a) it is or will become a "limited dividend corporation" as that term is used in G.L.
c. 40B, s. 21 and 760 CMR 31.01 (1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 31, 2005 pursuant to its Housing Starts Program and New
England Fund Programs.
C) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01,
by virtue of the deed dated November 3, 1994, and recorded at the Essex County
Registry of Deeds at Book 4158, Page 216.
7. The Town of North Andover, according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 10%percent of the total number of dwelling units nor is 1.5%of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Vanasse, Hangen Brustlin, Inc., Watertown, MA
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Mark Bobrowski, Concord, MA
Pro Fonna: MHJ Associates, Brookline, MA
9. The proposed development was reviewed by the following municipal officers or
departments:
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein, the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover,after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two (52)homeownership dwelling units, consisting
of three (3) single family homes and forty-nine(49) condominium units, with associated
infrastructure and improvements, subject to the following conditions. The term "Applicant" as
set forth herein shall mean the Applicant, its heirs, successors,transferees, and assigns. The
term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1, The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C. Garner, R.P.L.S.#32661, 1 of 7 Multi-Family Units, 3/22/07
Patrick C. Garner,Company, Inc., 109 49—Chap.40B Residences,
Whitney Street,Northborough,Mass. North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 2 of 7 Building Layout Plan 3/22/07
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences, 3/26/07
North Andover, Mass. 4/6/07
Patrick C. Garner, R.P.L.S.#32661, 3 of 7 Building Layout Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences,
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 4 of Drainage&Util. Plan 3/22/07
Patrick C. Garner, Company, Inc. 49-Chap.40B Residences,
North Andover,Mass.
Patrick C. Garner, R.P.L.S.#32661, 5 of 7 Drainage&Util. Plan 3/22/07
Patrick C. Garner,Company, Inc. 49-Chap.40B Residences, 4/6/07
North Andover, Mass.
2005-003-Page 3
�L
Patrick C. Garner, R.P.L.S.#32661, 6 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences, 4/6/07
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 7 of 7 Landscaping Plan 3/22/07
Patrick C. Garner,Company, Inc. 49—Chap.40B Residences,
North Andover, Mass.
Patrick C. Garner, R.P.L.S.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner,Company, Inc. Lots IN-A thru 4N-A, Aug 9,2006
North Andover, Mass. 3/26/07
David M. Crawley, Registered A1.01 The Merrimac Condominiums, January 15,2007
Architect#1082, David M. Rte 114 St., 1/23/07
Crawley Assoc., Inc., South North Andover
Office 25 Sandwich St., Floor Plans Typical Units
Plymouth, MA 02360,North
Office, 39 Adams St., Acton,
MA 01720
David M. Crawley, Registered A2.01 The Merrimac Condominiums, January 15,2007
Architect 41082 Rte 114 St., 1/23/07
North Andover
Floor Plans Typical Units
David M. Crawley, Registered A3.01 The Merrimac Condominiums, January 15,2007
Architect#1082 Rte 114 St., 1/23/07
North Andover
Fiveplex Pian& Elevations
David M.Crawley, Registered Typical Building Cross Section January 15,2007
Architect#1082
2. The Development shall be limited to fifty-two dwelling units on four separate parcels. On
Parcel A, the Applicant shall locate not more than forty-nine attached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. On Parcels B, C and D each, the
Applicant shall locate not more than one single family home containing not more than 4
bedrooms per home.
3. Twenty five percent (25%)of the dwelling units, which, as proposed, is thirteen(13) of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent (80%) of the median household income for the Lawrence
PMSA, or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent (70%) of the median household income in the Lawrence PMSA, adjusted for household
size, with a five percent(5%) down payment used to calculate such price. If the Development
is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale of seventy percent (70%)of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time
time buyers and who are either(a) persons who have made their primary residence in North
Andover; and (b) employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the
Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located within Parcel A, the
Applicant shall prepare the final draft of a Regulatory Agreement and a Deed Rider and submit
same to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of the Town,such determination
and execution shall be completed and communicated to the Applicant in writing, specifying any
objections, within sixty-five (65)days of the Applicant's submission of its proposed documents.
The form of Deed Rider to be used is the so-called Universal Deed Rider,which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a lender. Such document(s) shall contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent(80%)of the median household income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent(70%)of the median household income in the
Lawrence PMSA, adjusted for household size, with,a five percent(5%) down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Units shall be owner-occupied only; provided, however, that the
Board may authorize the temporary rental of such unit at a price affordable to a
household earning not more than 80%of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the like.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and D, the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 41, s. 8 1 P in order to create Parcels A, B, C and D. The Board shall complete
such review and endorsement within forty five (45) days of the submission of said plan. The
Applicant shall then promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate of occupancy, the Applicant shall enter into a
Monitoring Agreement, approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shall notify the Building Commissioner, in
2005-003-Page 5
writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain the following terms:
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. The market rate, single-family units to be located within Parcels B, C and D are excluded
for purposes of this provision.
8. During construction, the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond
6:00 p.m; provided, however,that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s) to its consultants and/or Town boards and officials for a written
recommendation or report.
a. Lighting plan;
b. Landscaping, fencing, and planting plan;
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
f Utilities plan including water, hydrants, gas, electric, cable, and telephone;
g. Signage plan, including signs during the marketing phase;
h. Stormwater management plan;
i. Open space and recreation plan;
j. Snow storage and refuse disposal plan;
k. Cutting plan, showing the limits of clearing;
1. Fire sprinkler plan;
in. Construction management plan.
The Board shall make such determination and communicate same to the Applicant in writing,
specifying any objections, within seventy five(75)days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. Except as waived, all signage, including signs to promote sales, shall comply with the
Zoning By-law and shall be maintained in a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A brick wall, eight(8) feet in height, shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived, with the standards of the
Planning Board's Subdivision Rules and Regulations.
£ An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires, that the following aspects of
the Development on Parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever, any legal responsibility for operation,
maintenance, repair or replacement of same;
All roadways and parking areas
Storm water management facilities, including detention basins
Snow plowing
200 -003-Page 7
Landscaping
Trash removal
Street lighting
Building repair and maintenance
Water and sewer services beyond the individual meter pits
12. The roadway within the Development shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall be responsible for the installation, operation, and maintenance of all
aspects of the common or private facilities on Parcel A set forth above until the final dwelling
unit is conveyed. Thereafter,such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association,the Applicant shall provide written evidence to the
Board that a reserve of two months has been established to fund maintenance and operation. In
the event that a management company is engaged,the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. Prior to the issuance of any certificate of occupancy on Parcel A, the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall be required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution thereof. The Board's legal
counsel shall approve such document as to form after determining that the document is
consistent with this decision, such determination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies, within thirty (30) days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the stormwater management system on Parcel A subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents of the Unit
Owners Association. In the event a management company is engaged, the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain the on-site
wastewater disposal system on Parcel A in accordance with applicable guidelines for operation
and maintenance, the Town may conduct such emergency maintenance or repairs, and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the event the Town conducts such maintenance or repairs, the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town, the Town may place a lien on the Development or any unit
therein to secure such payment, excluding Parcels B, C and D.
�It'_
17. All invoices , enerated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town Clerk, whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have been paid in full; unless agreed to by and between the Applicant and
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment.
19. A preconstruction conference with town departments shall be held prior to the
commencement of construction:
a. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision, "commencement
of construction" shall occur when the clearing and grubbing(removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the Property during
regular business hours, without notice, to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any
order of the Department of Environmental Protection(DEP), either if applicable, regarding this
property, shall be made a part of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may approved by the
Conservation Commission or the DEP, the Applicant shall submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP (if applicable) for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or in hand at a regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shall include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided, reasonably acceptable to the Board, to ensure the
completion of such improvements. The choice of performance guarantee shall be governed by
the provisions of G.L. c. 41, s. 81 U(excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the Board's legal counsel. The Board shall
notify the Building Commissioner, in writing,of such completion or performance guarantee.
2005-003-Page 9
'D. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24. In determining the amount of the bond or surety, the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work; plus
b. a ten percent margin of error;plus
c. an appropriate rate of inflation over a five year period.
25. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto; I
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages.
26. The Applicant shall provide an "as-built"plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant.shall .
provide a separate as-built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[28. Reserved]
29. The following conditions were recommended by the Board's consulting traffic engineers,
JNEI, Inc., and shall be required:
* Install a Stop sign and paint a Stop line on the site driveway;
* Install overhead lighting at the site driveway and Route 114;
* Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
* Install intersection warning signs along Route 114 in advance of the site driveway;
* Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
30. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates and shall be required:
* The Final Design Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal high groundwater. Sufficient soil testing performed by a Massachusetts
Certified Soil Evaluator shall be included.
* The Final Design Plans shall eliminate driveway conflicts exist between units F3 and H 1
and provide ample turning radius for cars in the area of units C2 and D4.
* Final Design Plans shall depict all proposed decks,rails and stairs at the front, rear and
sides of all units.
* The Board finds the submission is not fully comply with the requirements of 760 CMR
31.02. The Applicant has requested the Board act based on the reduced project
"concept"plans. The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stormwater
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 2, 10 and 100 year
24-hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
* The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03, possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03 in review of the Final Plans.
* The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
* The ZBA's engineer shall approve the maintenance schedule for the storm water system.
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
* The Applicant shall obtain a National Pollution Discharge Elimination System (NPDES)
Permit from the United States Environmental Protection Agency (EPA).
* Final grading of the site shall not direct additional runoff onto the property of others.
This project shall not increase the rate of runoff,not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant to assure
2005-003-Page i 1
compliance with this condition. The project applicant/owner shall be solely liable for
any damage to other properties as a result of this construction.
* The location of all utilities, including but not limited to underground electric, telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
* A State Highway Access Permit shall be obtained from MassHighway prior to any work
or excavation within Route 114.
* A STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
* Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and MHD
standards.
* Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
* Garages shall be used for parking of vehicles and shall not be converted to living space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel.
* If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty(30)days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Upon review by the Board,the applicant my request in writing the Final Occupancy
Permit.
* Not more than thirty days prior to need for the Final Occupancy permit,the applicant
shall submit with their request for a Certificate of Compliance, an affidavit prepared by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans, based upon an on-site
inspection and the referenced site plan. An as-built drawing, prepared by a Professional
Land Surveyor or Professional Engineer, registered in the Commonwealth of
Massachusetts, and depicting the final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
32. Blasting, if any. shall be performed in accordance with regulations of the Commonwealth
of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan showing not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit Owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure
compliance with this condition. This condition shall be enforced by the Police Department.
35. All of the Affordable Units shall have the same package of garage, appliances, fittings, and
fixtures as the base package for the market rate units.
36. The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
39. Prior to issuance of each certificate of occupancy for a market rate dwelling unit, the
Applicant shall provide the sum of five thousand dollars($5,000.00) to the Town, pursuant to
G.L. c. 44, s. 53A, or G.L. c. 40, s. 513, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand ($195,000.00) dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
40. The Applicant has requested, and the Board has granted, the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project, that additional waivers, not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
2005-003-Page 13
D
,-!i
20,01 SPP 19 PIS 4: 10
i
titlR;
MA9S
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Thomas D. Ippolito,the Zoning
Board of Appeals voted 4-1,with the Chairman voting in opposition, to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2007 meeting:
Albert P. Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Joseph D. LaGrasse Member
Thomas D. Ippolito, Associate Member
Richard M. VaillancourtAssociate Member
Filed with the Town Clerk on � .2e /�'�`� , 2007.
2005-003 -Page 14
ill
ZONING DIMENSIONAL REQUIREMENTS:
LE R /W
Q BERRY,"ST,REET
VILLAGE BUS.FERN ST. N57'02'57"W
174.95 RES. 4
ELMy LOT AREA
° 43,560 80,000
��� ,�Dc�'� °� 4• FRONTAGE TOTAL 7674.95' A (SFS
LOT WIDTH 1 FOR AREA STREET
___._25' FRONT SETBACK 11�' ES O FRONTAGE 85' 200'
/
G� C,j�• '� �30" SYCAMORE �d ♦ \ .� SIDE SITE
X65 1� /tia5�a0 SES �o "� LOT 3N — / 1 REAR SETBACK 15� SO' a
AL - �'�ot� \ \ ` c�
F �,P FRON , F SETBACK 30' 50'
/ "" LOT�v D . -- tis 1 .0 O O A C. 'r.� 'o > __
12" YC ORE �, \! 43,561.6 S.F. ,ro�`�-
z
LOT 2 N -- A °�` �� 32,722 SF s N/F Beth PADELLARO SCALE 1°'_- loan'
( LOCUS
ILnUN� N� CONTIGUOUS UPLAND) .�� 193 Berry St.
1 .000 AC. `�� �� 5 r�
�, 43,562.50 S.F. �r �� �• ��
`1'IIIS PLAN HAS BEEN PREPARED IN CONFORMITY
APIA /L 0 T 1N - A \ `��, �32,733 SF WITH THE RULES®ULATIONS OF THE
� CONGUOUS UPLAND) \ / h REGISTRARS OF DEEDS IN THE COMMONWEALTH OF
1 .900 AC. / ' ac�N� ` �\ ` \ MASSACHUSETTS,AND IN COMPLIANCE WITH THE
82,814.20 S.F. �' gyp\ \ \ Z VNi RULES& REGULATIONS FOR THE PRACTICE OF LAND
/ Q� 36 832 S.F. �\ \ G\ p�9 SURVEYING IN THE COMMONWEALTH OF
CONTIGUOUS UPLAND) \ tip \ \ \ ��-�, 30,=AEE j�� MASSACHUSETTS.THIS DECLARATION IS IN
F„�r„cK. TO MEET THE REQUIREMENTS OF THE REGISTRY OF
MAP U �, --r AREA ;
��\ FORES�D DEEDS AND IS NOT A CERTIFICAT10N OF
WN HEREON.E TITLE
PRIOR ZBA& PLANNING BOARD APPLICATIONS OR
\ , RSE� i Og,31 �.=, OR OWNERSHIP OF THE LANDS 0
DECISIONS ON THIS LAND: 30 2 '
1 PLANNING BOARD-SITE PLAN REVIEW SPECIAL PERMIT �pZ S63'47 06
TO CONSTRUCT 2 S-STORY OFFICE BUILDINGS(9-09-03). 0 AREA
(2) ZONING BOARD OF APPEALS-VARIANCE FROM �/ FORES / SSR ..Yv v
^ � \ 186
CONTINUING CARE RETIREMENT CENTER.WITHDRAWAL Q,� •„�h 30" �� / ? 06 TIA1 ZONE .... O PATRICK C. GARNER, PLS
(1999-042). �`// ,\tx
"� --. VILLAGE RESIDENTIAL FOR REGISTRY USE ONLY
(3) ZONING BOARD OF APPEALS-408 APPLICATION. -��
WITHDRAWAL(6/20/00). �” 24 MAPLE' `cL /, O BU5!!��� LGNE ` Q
(4) ZONING BOARD OF APPEALS-VARIANCE FOR PARKING / \ S�% Q` w..- ` \f -`"" /
RELIEF FOR THE 2 S-STORY OFFICE BUILDINGS(4/11/01). -� 0 <�'to APPROVAL UNDER SUBDIVISION TECHNICAL NOTES:
GRANTED UNDER APPEAL;APPEAL DISMISSED FEB 2005. ��� s@ p9 / S'I$
5) ZONING BOARD OF APPEALS-406 APPLICATION '>j� / NE '` __,� • , CONTROL LAW NOT REQUIRED.
'' ``� \ `r' ��• APPROVAL BY THE NORTH WETLANDS SHOWN WERE
(2005-045).GRANTED(9/11/071. ` 4pZ
30 SYCAMORE \ � �� .� ANDOVER ZONING BOARD OF APPROVED BY CONCOM IN MAY
� �1� p1� / APPEALS ACTING AS 11.1E 2008, & ARE THOSE
ti 2 " SYCAMORE PLANNING BOARD IN ITS PROTECT-ED UNDER THE STATE
`o
20" MAPLE � G ,,,_ � � / � o� � CAPACITY AS THE COMPRE- WET-LANDS PROTECTION ACT.
HENSIVE PERMIT0 \ti P �P ../ / NG
R �
AUTHORITY UNDERGLC40B,
^� F g i s� (� LOTS 1-N I1�RU 3-N TO USE
/gg" 5��� 2 5ti56 / Q \'S,�O P � FORES�'ED AREA � S� �� AT A WAS VOTED
Ag
THIS TOWN SEWER & INDIVIDUAL
1s" £ G��C� N/F Beth PADELLARO PLAN, WELLS.
V\�,�P5� EPG / \ O� y 193 Berry St. TOTAL SITE ACREAGE 699 AC'S.
\ ��0�0 / 0_P/ / <r� ___-__ ._ ��._.-_ ALL PROPERTY FOUR )LINES AREA
/ 5p � _�__-�- BOUNDED BY STONE WALLS. NO
�y> 14 MAPLE / / C1
" �0� STRUCTURES, ABOVE OR BELOW
v tK �� IP 16 MAPLE GROUND, ARE KNOWN TO EXIST
F ORE5�0 AREA —� / -...`� �0 -------------------- ON SITE.
�� ,�J�� / � �'"f '�� � THE OVERALL BOUNDARY"FOR
___ THESE LOTS IS FROM A PLAN
EPEE 4" MAP O/ / / \JS /- ' f S1R�C� 4 7ON� ---- -____ MA"DATED SEPT 25 ANDOVER,AND IN NORTH 9 5 BY
� EAR ��K•_.-� y, lEss 0 VANASSE HANGEN ENG., INC.
3878,21M J��,� P5� 501- SAID PLAN IS RECORDED IN
112.29 0�� r �-- •10'05"E THE
NDI T ICLAN # 10 43 T ESSEX COUNTY
6 •"� 565
low
3VM A E �/ \ ` ►' / & FORESD AREA 455.18 FOR TITLE REFERENCE, SEE
-------------------- DEED BOOK 2108, P. 244.
.,�_f ACTING ON BEHALF OF 1TiE ZONING WITHIN OVERALL
27" �-P-LE / /- ` PLANNING BOARD, 111E
6'/ 1� -� ` EZONING NDORSEMENT 'OF TILE PLAN PARCEL IS EITHER BUSINESS SLOG. DISTRICT S �4L(EE PLAN). ALL
tvXIS1r�NG AS NOT HEQSUBDI APPROVAL
UNDER APPROXIMATE SHOWN& ALED FROM
ARE
6/M / � % � job � CONTROL iLAW SDINO�A TOWN ZONING MAP.
gbh /1z o K, P / � � P � � . �
• 5 / P� P o DETERMINATION AS TO
4 O Q\ CONFORMANCE WITH PLAN REVISES A
TOWN OF NORTH ANDOiVER ZONING BYLAW & ANIR PLAN OR THE SITE PRIORBY
• / QQ� y ' r THIS FIRM, APPROVED BY THE
4 ZONE LOT 4N -- A N/F FOUR COMPANY LLC REGULATIONS. PLANNING BOARD & DATED
r� DIS JULY 1995 (SEE ANR PLAN
�IN�S 10.799 AC. 1980 Turnpike St.
X13394).
° ENT1 A1- ZONE 470,404.4 S.F. NO�.
�LLp,GE RESIN (3.21AC.
UPLAND ������' PRO OS DE TO BE SET.R BOUNDS ANO
CONTIGUOU5 ) ` ly UTILITY EASEMENTS EXIST
OTHER THAN THOSE SHOWN
� HEREON.
EXISTING BLDG.
ov� TOWN ASSESSOR DATA: OWNER/APPLICANT:
LOT' � _ 106D-75 ONE
HUNDRED
`cZ�'�� F LOT 2N--A 1060-74 51 MOUNTJOY DOR
�C FOURTEEN TRUST
*`\ �0 LOT
4NA T 1060-44 EWSBURY. MA 01876
GARAGE LOT — 1060--63
SINESS ZONE
GENE?' 1 �-- L . AL V-TLAND RESOURCE AREA PATRICK C. GARNER CO. , NCR
USE 9�
EXIST. HOUSE `,O�
WETLAND RESOURCE LINE HYDROLOGY . RIVER ANALYSIS . WETLAND SCIENCE
50' FRONT SETBACK PROPERTY LINES & SOIL EVALUATION . LAND SURVEYING . PLANNING
o FORESTED AREA ° 4`J2° � �- o� � °4r FORES�D AREA �o�>>rs � PROPERTY CORNER ------
oo� o �- LOT WIDTH = 689' •° 0oa co-
o`� '` +° �o�,�v 109 WHITNEY STREET
° '` `V `ti ^�' O TREE LUNE (APPROX) NgRTHgOROUGN, MASS. 01532
ti o TOTAL FRONTAGE = 688.31 �� f
tia rye` ti 55'17'2 " ,� 12" SYCAMORE
508.393.3200 www.patrickgarner.com
o� - - 47.
' , APPROVAL NOT REQUIRED PAN
o�
ROUTE 114 - -- 80 ' R /UU w ��
LOTS 1 N-A TH RU 4N--A
NORTH ANDOVER, MASS.
COPYRIGHT PATRICK C. GARNER, 2007 SCALE, 1' = 50 FT.
DATEi SEPT 24, 2007 PROJECT No,
0o REVISIONS OCT 09, 2007 SHEET 1
GRAPHIC SCALE OCT 11, 2007 OF 1
NOTES ON RESTORATION AND WILDLIFE ENHANCEMENT AREAS:
1. The objective of this plan Is to restore wetlands, bufferzone,and associated uplands PLANTUST FOR WILDLIFE HABITAT ENHANCEMENT' AREA
disturbed by installation of water and sewer lines, and the enhancement and reforestation of216,500 S.F. UPLAND
a wildlife habitat area ad COMMON NAME _ SCIENTTFiC NAME
adjacent to the wetlands. SPACING GROUPING
j - - - -- - _f_ _
ITR —_ —_ _ _ (�TYISIZE E�(iST1NG 6 F.M. /
I
2. Restoration goals: ---- --- - - /
;____ _.____ -Popuius deltiodes - i t S 5-6'---' 20'0 C I throughout
Wetland - Area to be restored to wet meadow with wet meadow vegetation. Acer rubrum - --- -- - ----
c __-- ''S-_-_ 55-6 _ 20 O.C. ithroughout) /
r—�_. i �J�_
p p I I _ -- -- � _1 r� ' _-20' O.C. 1 throughout
Bu erzone and Upland Areas to a restore at u erzone an upland meadow. Fraxinus-�ennsyiv_ar►ica._ -__1 T-5-�_ - _t,
Wildlife Habitat Enhancement Area - The purpose for including the reforestation plans Into --------.-___._.. .�i,ercus bkolor__ ___ _ throughoutl /
3 �__._._____ __-__-quercus palustris �___ �1_ S-�__ 20'O C -F- '---
the
the design of this project is to provide increased habitat for vernal pool animals. Rocks __ _ _ _
--, FOR CONTINUATION OF LINE /
greater than 10 cm in any dimension and coarse woody debris should not be removed _ _ � r=cornus amomum _T is 3-4 _6.0___.C_ ihrou�hautl
from the forest floor after as it provides cover for several species of amphibians, reptiles, - Vacclntum corymhosum_ 1 20 ; 3'-4# 6�o.0 l throug_hout SEE SHEET 2 OF 2
- — -- -- - 2" SEWER FORCE MAIN /
-i Prunus serotina_ _.___..__Z4_ T_ '.4'__ 6'_Q.�_�througftoutl ( /
small mammals and Invertebrates while additionally maintaining moist and cool - -_—"� - - l s t�aea a►ba var. latifolia
.p -r..2�_ _-4 x_0.4_._1 throughoutl
microclimates. Native trees that may provide wildlife value (i.e. mast producing tree _!__�_ ��=_Viburnum dentatum 1Q__r 31-4' _6'0 _1 tnrouQnout�
species will increase small mammal diversity) should be planted In order to maintain a __ _ _ _ sailx discolor 1 - r —
_ _ _. _.._11Q__ 3 4 6.0 _ .throw houtl
cooler mlcroclimate on the forest floor and may help retain an adequate animal biomass to E- --- - -- Alnus incana ssp_ru osa 1= I� T -_���� 1 throughout
I-- - - - --- -- - ------- - - --
persist. - /
rthrou�hout •
3. Prior to construction the erosion control barrier will be installed at the limit of work and
around stockpile areas.
4. All areas disturbed during the installation of the water and sewer lines to have all existing /
NEW ENGLAND CONSERVATION
grades restored upon completion. Following completion of all excavation activities, all areas
SPECIES / WILDLIFE SEED MIX '
to be seeded (see plant lists) and mulched. _
PERCENT
Bag BtuesteM (Andropogon gerarow 30
5. Upon completion of of restoration areas, the construction entrance will be restored to it _.____._______ ._.—___.._.____ _____.
preconstruction condition. Original topography to be graded, topsoil added, seeded (with uttte stuester+ (schlzachyr{un scopariuM) l_ __. 0__ 10' UTILITY EASEMENT --
Fox SedGe (Carex vut Inoldea)
seed for mown lawn) and mulched. _ - e ? !_. 10
6. Wildlife Enhancement Area: Planting of trees, shrubs and herbaceous plant material willSitky Wild Rye (Etymus vltlosus> s
r g - THREE -- 2" SEWER FORCE LINES
CaMnon M{lkweed (Asclepias syrincn) /
preferably take place In the spring or fall. If planting is scheduled for the summer months, -___— -._...._As To BE BURIED INA 2' w x 4' DEEP
supplemental wateringmay be needed. All planting of trees and shrubs to be done by hand. Deertoogue (DicantheWm ciandestinum) - I -._5 " /
y p g ._ _ TRENCH, LINES TO BE SET 4 APART
No wheeled or track machines to be used for planting in the enhancement area, Pennsytvanla Smartweed (Potygonur, pensytvanlcuM) 1 s ON TOP OF 6" PROCESSED GRAVEL /
SILT FENCE
7. Plant substitutions due to commercial availability or hydrological conditions must be Lupine (Lupines perennis)-^-- ------ ---� "- 4 BASE & COWERED W/ MAG. TAPE
Sltky Srwoth Aster <Syr�phlotrlcl�uM laevls> i_ -_�5
approved by the project wetland scientist. Only native plant materials native shall be used.
� _-_--T._ ---
S. A wetland scientist shall be on-site to monitor construction of the wetland restoration and Noddleg Bur-•Mari otd (Bldens cernua) - -"
ensure compliance with the restoration plan. The wetland scientist shall provide a planting Flat-top Aster (Doellingeria umbetlata) Og
report to the Conservation Commission upon completion of the restoration areas. TOTAL loo 26,500 S.F. WILDLIFE HABITAT
9. The restoration shall be initiated immediately upon completion of the sewer and water ENHANCEMENT AREA
Installation. If extreme weather Interferes, the Commission shall be notified if this goal (SEE PLANT LIST)
cannot be met. In no case shall the restoration be completed more than 10 days after final
i
grading.
10. Erosion control barriers shall be properly maintained at all times. These structuresenv
should be removed and properly disposed as soon as approved by the project wetland �wsr 12 wATER�--�
scientist, and no later than November l three full growing seasons after planting. Sediment /
lodged against these barriers will be removed and placed upland in a manner that prevents its (EXISTING 6" F.M. /
erosion and transport to a wetland.
11. Wetland monitoring: For the first two full growing seasons following completion of the /
restoration, the site shall be monitored. Supplementary seeding will be performed as
needed. Monitoring reports by a wetland scientist shall be provided twice annually, In the k
spring and fall. If after two full growing seasons, the wetland restoration areas have not
achieved 80% cover with wetiand species, to include seeded species as well as volunteer
species, a plan for achieving that goal (including additional monitoring) will be provided.
OWNER/APPLICANT:
RIGHT-(F-WAY
ONE HUNDRED FOURTEEN TR. ?STA. 0+00 - INTERSECTION
evw
OF RIGHT-OF-WAY WITH
51 MOUNT JOY DR. •
N/F BERRY STREET 2" SEWER FORCE MAIN
TEWKSBURY, MA 01876 REALTY TRUST N&
�M
A. 0+
LOT 4N - A
RIGHT-OF-WAY
�G
STA. 1+00 �-- � `' � U.P. #2595-7 Q\
N/F BERRY STREET SINGLE FAMILY (3 HOMES)
THREE -- 2" SEWER FORCE LINES
REALTY TRUST (BURIED IN A COMMON TRENCH i SILT FENCE �o "
2' WIDE x 4' DEEP) i --- STA. 2+00 \
f U.P. #2593-6
sTA. a+oo
EXISTING_6 F.M.
l STA. 4+00 �% s�xa6 U.P. #2592-04-5r
i � THREE -- 2" SEWER FORCE LINES G�
i STA. s+ TO BE BURIED IN A 2' W x 4' DEEP �G
EXIST 12 WAT£R %
U. #2591-4 TRENCH, LINES TO BE SET 4" APART C�
ON TOP OF 6" PROCESSED GRAVEL
�. � BASE & COVERED W/ MAG. TAPE
i
•
SINGLE FAMILY (3 HOMES) STA. 6+ I
THREE -- 2" SEWER FORCE LINES U.P. #2590-3
(B IED IN A COMMON TRENCH G A R A G E
2' WIDE x 4' DEEP) �. STA. 7 i
s�«w•� \\� l ;r
F o�
STA U.P. #2589-2 Q
' �s�� l P�� ��?`�;,��" c� � •� ` N/F PROULX
EXISTING 6" F.M. i o PA cicx. EXIST. HOUSE
U.P. #40-1 N/F PROULX
(BENCHMARK: NAIL IN POLE GF.F^:�f1
c ,a No 3_oal �+
#40-1, EL. - 140.78)
-
STA. 9+00
PATRICK C. GARNER CO. ,iNC .
EXISTING - ! PROPOSED HOUSES & ASSOC. UTILITIES
GRANTY SEKR MANHOLE
P^ HYDROLOGY . RIVER ANALYSIS . WETLAND SCIENCE LOTS I N-A -'rHRU 4N—A
/ DISCHARGE SEWER MANHOLE
I - 132.0 SOIL EVALUf MASS.. LAND SURVEYING . PLANNING NORTH ANDOVER MAS .
•h/-
ROUTE114 89 109 WHITNEY STREET
3-2" F.M. TO CONNECT WiTHIN RTE. 114 0R / WNORTHBOROUGH, MASS. 011532 COPYRIGHT PATRICK C. GARNER, 2007 SCALEM
TO EXISTING GRAY. MH WITHIN R/W. 508.393.3200 www.patrickgarner.com 1 50 F r,
DATEI -�--
JULY 10, 2007 PROJECT No, no.ncl_07a
REVISIONS, AUG 21, 2007 SHEET 1
�_ 0 2
e
I NEW ENGLAND WETMIX
SPECIES --
1
C T I "�- Fox_Sedge (Carex vutpinolde_�.) -
FERN I . ! -L_ r SEWER
F� u� R R Y STREET Hop Sedge(Carer tuput(na)—
Wate�Canta[n CAtIsM_a plantago--aquatka)
- -- -
Nodding Bur Marigold (Bidens cernua) --
encE PAVEMENT ------------`- Sedge (Carex turtdn) _- _--
/ 10' UTILITY EASEMENT-. sro s
_ Soft Rush (Juncos effusus) - ------ -
i _oa- "" "'-- Gress-Leaved-Go[deni^od CEuthar,{o
Bearded-Sedge(Carex camosa) -5 (
_ f 31 4----- - `J
i o•v� } °� """ - — _ _ _ ___ Fringed-Sedge--(Carex. crtnita)_-_-- ----- ------
130 Boneset-CEupatorlu -perfoliatur ) -------- -�-- -_.. -�
i N� 1 ,' p•- '� r-�'-''�-_ �;'""""'-_r -`-�� '- Ftattop-Aster<IIoel[Jngerta-cirbetlntn)----__.._------ -
13J, _ Hord-stem--Butrush-(Schoenoptectus ncutusr - ---
i
TSE -- x' savcR :�� UCS '' \ ~ \\� Green-Sulrush-" SOn us atrovirens)--
% SET INA 2' W x f D 'IRFa1CH �=1 .� __ - - -_-__-P_
%i , PAVE +T N �•w \` ` 1Joolgrass (Sc{rpus cyperinus)- -- - --3- -
c - � ` �� `� �� Spotted--Joe--Pye weer! (Eupatorium moLcutatum) S f
j '-- �� _ - =_"_- 6•-- 3 `� B(Ue Vervain (Veilbena hastata)- �- - 2 --
133 = __� -=fi33_ ___ ,�- g � ' Ditch Sto o <�=
3-cAR GARAGE .' , - - - " --- -------- ---- - - -- -
� �.. en aur► se
"_� `�R12�`t ". 5 ✓/' `i \� o. � 100
--- - -----"" p RTE. 114 LOCUS
r 1
BE FILED)
SINGLE FAMILY (3 HOMES) ��' ,=A ` ,
THREE --- 2" SEWER FORCE LINES ' h M LOT
` 128 .� _� // ``~'� ` `'. 1� '�\ // I.U.uLMwl{4.x.11. , , ��a Locus
(BURIED IN A COMMON TRENCH �' ,,;',i ` ;� � �'"- --� "- { �� �� / ,-'
2' WIDE x 4' DEEP) i /rr / / - - - - _ r/r- s>:TeAai- .-'
/fav'\� � 28 y,i•y►�' / � ""---------- _
''' 1 . 0
ivry 36 6r 5d _ �i1'' %�'
/ / �'j at1•. •�~/ '�� ^ l / rF EDGE OF iv'N ' ''B�
e` \ Llh (TO BE FILLED) / /• `
� -� �
THREE -- 2" SEWER FORCE LINES ------•--__� i
� .� � � � +. ,� �S: �,sro�r� FI _ST a wAu. --
� .••'' -'" �-�,wtea '.
TO BE BURIED IN A 2 W x 4 DEEP i , �y _.` ., {�� /'
TRENCH, LINES TO BE SET 4" APART % i _ _ _ _ _ CJLT_
ON TOP OF 60 PROCESSED GRAVEL
BASE & COVERED W/ MAG. TAPE Byw ,• '� SN.TFEN
FEN� ` 128`
SILT FEN ` 9VYl
i --
ewv
' % WETLAND" REPLICATION 128 -- y' RNCE
LOT � N A i' T F>� #2 •�--^;� . �C£ 13V4Y �� SILT _ _ i ..-
: 480 Sq.ft. 0 f _,J,�.--- -=�, � StLT r. _'. N %F RITA HOUGHTON
TECHNICAL
WETLAND REPLICATION
% WETLAND REPLICATION • .........
r �' #3 12aL NOTES:
1 . 9 AC. 5,000 Sq ft. #1 '' p���� ,.--'__._,- 13,100 Sg.ft.
+ J ,•
,• '.. -:.�:- ,� , _ •.r::= ~- i '`. '''
WETLANDS SHOWN WERE
/� APPROVED BY CONCOM IN
' `� / /^ 0 MAY 2006. AN ISOLATED
'''
��, ,,. •, _ ; ' P WETLAND ON LOTS 2N- A &B, ,
<
3 N---A IS
\110 I '� TOWN--JURISDICTIONAL
Q j
ONLY.
01
26,500 S.F. WILDLIFE HABITAT ; f' ;%;; �w`` \.\sea •i;'
ENHANCEMENT AREA �'.., BUILDINGS, ROADS &
(SEE SHEET 1 OF 2 FOR DETAILS) : M ,, � ;
LOT 2N - A
�• OTHER INFRA-- STRUCTURE
FOR PROPOSED
-'�':'� '°°�'� �P '� �'•C` i ''
1 . 0 AC. CONDOMINIUM PROJECT ON
' / ' !� \ / k �� LOT 4N--A ARE NOT
%' �/' �;' `� G ; `� t \J '�', INCLUDED IN THIS NOI. A
�EXiST r WAT�� ',/ O � t� i� P `�` ;^'� '' `~� SEPARATE N 01
/ J\ } i WILL BE
%'': �� Q
L�xisrlxc s•F.M.' ; /,', / �, t i i FILED FOR ALL ASPECTS
Q ; i
OF THE LOT 4N--A
' '°/' �' ' i/ , DEVELOPMENT, INCLUD-ING
SINGLE FAMILY (3 HOMES) ,i ;" --____ / ' / \ !
�P ----- { SEWER & WATER UTILITIES
111REE -- 2' SE'hER FORCE LWES i ' -__
cpm W A D 4�, ' ,, ' ,� EDGE OF BORDERING `
r WDE x *• DEEP) ,,; , /�' ; ,, `- TO SERVE THE
VEGETATED WETLANDS GOND
re�/titl�•\ i \
FOR CONTINUATIONO OF 2 ": / / \ _. . LOTS 1 -N THRU 3-N TO
cr SEwFR FORM MAIN) ;% , ii' /' �. B E
G: w._ , ...�. _..._. ,_ ._ ..- .�_ � 1 � - .,,,,` SERVED BY TOWN
LOT 4N — A
SEWER (SEE FORCE LINES
i' '' 'i i '� %
/ ii --y 1
•- .-- p �'. TO A GRAVITY SEWER IN
/;' 10. 8 Acres. h. ' e INTERMITTENT _ . . — ' ! ._._. • � � '.. _ _ _ _ RTE. 114), & BY INDIVIDUAL
/ /; \ STREAM A WELLS.
r
J00F
' :: PAT;ICK.
'/' c� / // —
r GA' �R
Nos „1 ' OWNER/APPLICANT:
BLDG. s ; n
` L LONE:.:.o' 5MOUNT
FOURTEEN TR.
P r,•''' f �'�U T JOY DR.
TEWKSBURY, MA 01876
i
"I �\ TABLE OF WETLAND IMPACTS
/
N/F FOUR H CO%1PANY ��C PATRICK C. GARNER CEJ. , INC,
`� TOTAL IVW ON SITE, LOTS 1 N-4N 18,750 SQ. FT. _
USE FIATTEsr STONES HYDROLOGY RIVER ANALYSIS . WETLAND SCIENCE
PLANTLISTS FOR WETLAND REPLICATION TOTAL IVW IMPACTED, LOTS 1 N-4N 18,750 SQ. FT. FOR SOIL EVALUATION . LAND SURVEYING . P
-
USE STONES FRom EXIST Nta _ CANNING
AREA 1 - 5,000 S.F WETLAND - . .__.-_14n_._ SIZE SPACING GROUPING • L�LARGE STONES
TABLE OF WETLAND REPLICATION uvroPucr=uswcsMAu 109 WHITNEY STREET
HERBACEOUS - - - __ J... CHINK STONES, TILY STONES
ii"Flag Iris _ .._. __ _ . __-_ _ 150 _� 2".Plug- 1'O C ---��t NOR fH80R000; ,
bankDOW WAM TOWARD CENT�t H MASS. 01532
. 150_ '_ .2'PIuQ i�o� —bank WETLAND REPLICATION AREA #1 5 000 SQ. FT. 1 � : Fo�sTAsruTY. 508.393.320)0 www.patrickgarner.com
Soft Rush_ ____ ___ _ _ ,
_ LBS throughout WETLAND REPLICATION AREA #2 480 SQ. FT.
112"0 PEAStOtvE --
-- - 12I 1z MOVMG STRIP(rrp.) '
WETLAND REPLICATION AREA #3 13,100 SQ. FT.
Ne>nt.Engl�i Wgtrrtl�---_ _--
._ .. —>_, =_ --- _ --- ._^, 6"LOAM oaat a SEED(rr
P,G HERBAL OU_S 13.600 S.F.WETLAND __ SIZE � SPACING � GROUPING `-"�'e'� PROPOSED HOUSES G �� & ASSOC,
Soft Rush _ 210 2"Ping 2'O.C. ditch edge _ _ _ _ _ T�LITI ES
- - TOTAL REPLICATION 1 80 SQ FT.
.. _
_ - 8S _ - - - ` LCA
-Kew.Engl;�ltd_Weimix � _ g -- . .....,
•-••• - - - - TS 1 N--A THRU 3N-A
_ THE a3ASE of W VWL AT NORTH ANDOVER MASS.
� _ B t Tau out
TABLE OF UPLAND RESTORATIONDENSE GP.4ZE0
\ '"`A�'- '
•\\'\\`i\\\i\\/�\/ \� CRUSHEDSTONE
TOTAL UPLAND RESTORATION - 26,500 SQ. FT. OR COPYRIGHT PATRICK C. GARNER, 2 7 ALES = 40 FT,
tarr
asTURBOSC 1'
COt+rIpACT£DSUBGRqD£ DATEi JULY 10, 2007 PROJECT No,nancl_07a
- TOTAL REPLICATION + RESTORATION (2:1) 45,080 SQ. FT.
REVISIONS+ AUG 21, 2007 SHEET 2
FIELD STONE WALL OCT 01, 2007
NOT r0 SCALE OCT 02,
2007 OF 2