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HomeMy WebLinkAboutMEETINGHOUSE COMMONS LLC € 4 Town of North Andover ZONING BOARD OF APPEALS : 4r D _ Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-Chairman NORTH Richard J.Byers,Esq.Clerk Of ,U.o ql, �r Joseph D.LaGrasse �';� 3? o..;, . Ot n ! _�. Richard M.Vaillancourt p Associate Members * * F S 1 6 Thomas D.Ippolito Daniel S.Braese,Esq �'''q,T.o h ,e ' 1 k Michael P.Liporto �s-T CHus��c ''own Clerk Time Stamp Minor Modification to Notice of Decision Year 2001 COMPREHENSIVE PERMIT#2001-033 THIRD AMENDMENT NAME: Meetinghouse Commons,LLC Modification Date: March 19,2009 ADDRESS: for premises at: South Bradford Street PETITION: 2001-033 104.0 Parcel 28&31) The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday,March 19,2009, at 7:30 PM in the Lecture Hall,North Andover High School,430 Osgood Street,North Andover,MA upon the application of Meetinghouse Commons,LLC, 115 Carter Field Road,North Andover,MA 01845,for premises at: South Bradford Street(Map 104.C,Parcels 28 and 31)requesting the Board to allow Meetinghouse Commons,LLC to modify the approved site plan cited in the May 24,2002 decision showing 42 townhouse and garden units of 11 affordable and 31 market rate,some units 65'in height to be modified as 39 townhouses of units, 11 affordable units and 28 market rate units,all 39 townhouses to be 35'in height. The following voting members were present: Ellen P.McIntyre,Albert P.Manzi,III,Richard Ni Vwllancourt, Thomas D.Ippolito,and Michael P.Liporto. Upon a motion by Richard M.Vaillancourt and 2n'by Thomas D.Ippolito,the Board found that the modification to the Comprehensive Permit 2001-033 site plan is a minor modification and that this minor modification does not alter the intention of the Comprehensive Permit decision 2001-033. Voting in favor: Ellen P.McIntyre,Richard M.Vaillancourt,Thomas D.Ippolito,and Michael P.Liporto. Upon a motion by Richard K Vaillancourt and 2'd by Thomas D.Ippolito,the Board voted to GRANT the minor modification to the Comprehensive Permit 2001-033 for construction of 39 townhouses,with 11 affordable units and 28 market rate units. The following Town of North Andover departments reviewed the proposed modification and wrote that they had no concerns,several stated that the proposed 39 townhouses are a better design from their point of view:Building Department,Division of Public Works,Fire Department,and Police Department The revised townhouses shall be constructed per Site: South Bradford Street,Map 104.C,Parcels 28&31),North Andover,MA 10845 Site Plan Title: Site Development Plans,for,Meetinghouse Commons at Smolak Farms,South Bradford Street,North Andover,Massachusetts 01845. Date(&Revised Dates): 3111/04 Registered Professional Christopher Francher P.L.S#36116, &Frank C. Monteiro R.P. Civil E. #36341, Land Surveyor: NW Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, NH 03079; Huntress Associates, Inc., 17 Tewksbury Street, Andover,MA 01810; &Epsilon Associates,Inc., 150 Main Street, MA 01754 Sheet/Drawing: Drawin No. 1-14 Page 1 of 2 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com IL Town of North Andover ZONING BOARD OF APPEALS ,b Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman Richard J.Byers,Esq.Clerk of ,,100 q tl.LO I ti t9: � U 5@ � p"i� Joseph D.LaGrasse 3? 4r' °•, 00� x`;2'5 AP 7 s� :' 0 Richard M.Vaillancourt ti Associate Members Thomas D.Ippolito Daniel S.Braese,Esq. Michael P.Liporto �9SSgCHUS `HA, � a p own Clerk Time Stamp Building Plan Title: Meetinghouse Commons at Smolak Farms,N.Andover,MA, Typical Proposeq Townhouse Unit Date: Draft: 2/16/09 Sheet/Drawing. . 1 front&end unit right side,&p.21st&2 floorplans] Voting in favor: Ellen P.McIntyre,Albert P.Manzi,III,Richard M.Vaillancourt,Thomas D.Ippolito,and Michael P.Liporto. t �f tw�/17 A No Andover honing Board f Appelils Albert P.Manzi,III,Esq.,Chairman Ellen P.McIntyre,Vice Chairman Richard M.Vaillancourt Associate Members Thomas D.Ippolito Michael P.Liporto Decision 2001-033 Modification 3. M 104.CP29&31. Page 2 of 2 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web www.townofnorthandover.com Town of North Andover N°RTy Oe�i�ec M61�G . Office of the Zoning Board of Appeals Comm. ni t3' Development p u De went and Services Division 400 Osgood Street 'North Andover,Massachusetts 01845 'ss�c � D. Robert Nicetta Building G©mzrzzsszonez� Telephone(978)688-9541 Fax (978)688-9542 Minor Modification to Notice of Decision Year 2001 Comprehensive Permit#2001-033 First Amendment NAME OF APPLICANT: Meetinghouse Commons LLC DATE: January 13,2005 ADDRESS: for premises at: South Bradford Street PETITION: 2001-033 North Andover,MA 01845 T in Date: January 14,2005 HISTORY AND BACKGROUND On January 13,2005,by a vote of 5-0,the North Andover Zoning Board of Appeals(the"Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,§20-23(the"Act'). Previously,on April 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit')was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. By letter,dated January 7,2005,the Applicant(through its legal counsel)requested a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. As the basis for the request, the Applicant has indicated that a condition in a deed rider requiring that the affordable housing restriction be preserved in the event of a foreclosure or deed in lien of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FINDINGS OF FACT:MEETINGHOUSE COMMONS The Board of Appeals finds that it would be unreasonable for the Applicant to comply with the perpetual restriction requirements under Conditions 11 and 12 of the Comprehensive Permit Decision with respect to the proposed financing scheme proposed by this Developer(Applicant)and therefore has determined that a modification of Conditions 11 and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification since the Project consists of a senior housing(55+)project(as opposed to a project which is not age-restricted),that it is much less likely that the foreclosure provisions would be invoked to terminate the affordable housing restriction for a particular affordable unit Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Hearth 978-688-9540 Planning 978-688-9535 Town of North AndoverNORTH o�.."OD I`1a Office of the Zoning Board of Appeals a`'' Community Development and Services Division 400 Osgood Street *�'w°wwro•� * North Andover,Massachusetts 01845 'sswcHUSE� D. Robert Nicetta -8 Building Commissioner Telephone(97 8)688-9541 Fax (978)688-9542 CONDITIONS The Board modifies Condition Numbers 11 and 12 of the Comprehensive Permit as follows: 11. Prior to the sale or re-sale of any affordable unit in the Project,a proposed form of Deed Rider substantially in the form approved by the Board at its January 13,2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project for each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requireua t in perpetuity,except that the affordability restriction shall be terminated in the cirw stanc c of foreclosure or similar remedial action under the provisions of a first mortgage,or Gleedd in lieu of foreclosure. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than sixty(60)days after submission of such Deed Rider. 12. The Board has determined that Meetinghouse Commons LLC has used its best efforts to obtain any necessary govemmemat approvals for the tenth of the Affordability Rephement in the Deed Rider to be in perpetuity,subject to conditions contained in the Deed Rider described in Condition No. 11 above. Except as modified above,the terms and conditions of the April 24,2004 Comprehensive Permit 2001-033 remain in full force and effect. Town of North Andover Zoning Board of Appeals, Ellen McIntyre, Chair Modification 2001-033. M104.CP31&28. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover ,.oRT►, Office of the Zoning Board of Appeals �,•�.e �� a Community Development and Services Division 400 Osgood Street ` ;North Andover,Massachusetts 01845 tsswc►+u� D. R4 ,f Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an appeal. Date3c ?DL1S_ Joyce A.Bradshaw Minor Modification to Notice of Decision Year 2001 Town Clerk Comprehensive Permit#2001-033 First Amendment NAME OF APPLICANT: Meetinghouse Commons LLC DATE: January 13,2005 ADDRESS: for premises at: South Bradford Street PETITION: 2001-033 North Andover,MA 01845 Typing Date: January 14,2005 HISTORY AND BACKGROUND On January 13,2005,by a vote of 5-0,the North Andover Zoning Board of Appeals(the`Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,§20-23(the"Ad'). Previously,on April 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. By letter,dated January 7,2005,the Applicant(through its legal counsel)requested a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. As the basis for the request, the Applicant has indicated that a condition in a deed rider requiring that the affordable housing restriction be preserved in the event of a foreclosure or deed in lieu of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FINDINGS OF FACT:MEETINGHOUSE COMMONS The Board of Appeals finds that it would be unreasonable for the Applicant to comply with the perpetual restriction requirements under Conditions 1 I and 12 of the Comprehensive Permit Decision with respect to the proposed financing scheme proposed by this Developer(Applicant)and therefore has determined that a modification of Conditions 11 and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification since the Project consists of a senior housing(55+)project(as opposed to a project which is not age-restricted),that it is much less likely that the foreclosure provisions would be invoked to terminate the affordable housing restriction for a particular affordable unit. ATTEST: Page I of 2 A True Copy Town Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NCRTk Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street D. Robert Nicetta North Andover,Massachusetts 01845 'as•�re c►+usE` Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 CONDITIONS The Board modifies Condition Numbers 11 and 12 of the Comprehensive Permit as follows: 11. Prior to the sale or re-sale of any affordable unit in the Project,a proposed form of Deed Rider substantially in the form approved by the Board at its January 13,2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project for each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement in perpetuity,except that the affordability restriction shall be terminated in the circumstance of foreclosure or similar remedial action under the provisions of a first mortgage,or deed in lieu of foreclosure. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than sixty(60)clays after submission of such Deed Rider. 12. The Board has determined that Meetinghouse Commons LLC has used its best efforts to obtain any necessary governmental approvals for the term of the Affordability Requirement in the Deed Rider to be in perpetuity,subject to conditions contained in the Deed Rider described in Condition No. 11 above. Except as modified above,the terms and conditions of the April 24,2004 Comprehensive Permit 2001-033 remain in full force and effect. Town of North Andover Zoning Board of Appeals, Ellen McIntyre, Chair Modification 2001-033. M 104-CP31&28. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp Community Development and Services DivisionRE l~IY Office of the Zoning Board of Appeals JYFh� AMAw 400 Osgood Street t Ct DRi{ North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 705 JUN 1 Building Commissioner Fax (978)688-9542 A This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an appeal. Date ' .W,0 Joyce A.Bradshaw Town Clerk MINOR MODIFICATION TO NOTICE OF DECISION YEAR 2001 COMPREHENSIVE PERMIT#2001-033 SECOND AMENDMENT APPLICANT: Meetinghouse Commons LLC MEETING DATE: June 7,2005 ADDRESS: for Premises at PETITION: 2001-033 South Bradford Street North Andover,MA 01845 TTYING DATE: JUNE 7,2005 HISTORY AND BACKGROUND On June 7,2005,by a vote of 4-0,the North Andover Zoning Board of Appeals(the "Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass.General Laws Ch.40B,sec.'s 20-23 (the"Act"). Previously,on May 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. On January 13,2005,the Applicant requested,and the Board voted to approve as a minor and insubstantial modification,a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. By letter,dated May 27,2005,the Applicant requested approval of the change of lender under the Federal Home Loan Bank of Boston's New England Fund(NEF)Program from Salem Five Cents Savings Bank to StonehamBank-A Co-operative Bank,as well as approval of the Revised Regulatory Agreement,Deed Rider,and Monitoring Agreement,all of which were modified to reflect the name of the new lender under the New England Fund Program. No other changes were requested or proposed. ATTEST: A True Copy Page 1 of 2 pr.-o kLW.4.., Town Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover °E N°RT" Office of the Zoning Board,of Appeals : Community Development and Services Division c /� y4� 400 Osgood Street North Andover,Massachusetts 04845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 FINDINGS OF FACT The Board has reviewed the May 27,2005 letter from the Applicant's legal counsel and deliberated at its meeting on June 7,2005. Accordingly,the Board of Appeals finds that the proposed changes constitute an insubstantial change. CONDITIONS The Board hereby approves the Applicant's request to substitute StonehamBank-A Co- operative Bank for Salem Five Cents Savings Bank,as the lender pursuant to the NEF Program. Except as modified above,the terms and conditions of the May 24,2004 Comprehensive Permit, as amended by the January 13,2005 First Amendment,remain in full force and effect. Town of North Andover Zoning Board of Appeals By: *Ien P,� rMcIntyre,Chair Dated: June L 1,2005 I Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 4 Town of North Andover °! `"' •''� Town Clerk Time Stamp Community Development and Services Division W IVED '. .' Office of the Zoning Board of Appeals J9Y0 ftA 400 Osgood Street T0WN ff-ERX North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-95411 Building Commissioner Fax (978)688-9542 JUN MINOR MODIFICATION TO NOTICE OF DECISION YEAR 2001 COMPREHENSIVE PERMIT#2001-033 SECOND AMENDMENT APPLICANT: Meetinghouse Commons LLC MEETING DATE: June 7,2005 ADDRESS: for Premises at PETITION: 2001-033 South Bradford Street North Andover,MA 01845 TTYING DATE: JUNE 7,2005 HISTORY AND BACKGROUND On June 7,2005,by a vote of 4-0,the North Andover Zoning Board of Appeals(the "Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,sec.'s 20-23 (the"Act"). Previously,on May 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. On January 13,2005,the Applicant requested,and the Board voted to approve as a minor and insubstantial modification,a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. By letter,dated May 27,2005,the Applicant requested approval of the change of lender under the Federal Home Loan Bank of Boston's New England Fund F g (NE )Program from Salem Five Cents Savings Bank to StonehamBank-A Co-operative Bank,as well as approval of the Revised Regulatory Agreement,Deed Rider,and Monitoring Agreement,all of which were modified to reflect the name of the new lender under the New England Fund Program. No other changes were requested or proposed. ATTEST: A True CopY Page 1 of 2 Town Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andoverof 140RTh «•' •.�o Office of the Zoning Board,of Appeals : Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 FINDINGS OF FACT The Board has reviewed the May 27,2005 letter from the Applicant's legal counsel and deliberated at its meeting on June 7,2005. Accordingly,the Board of Appeals finds that the proposed changes constitute an insubstantial change. CONDITIONS The Board hereby approves the Applicant's request to substitute StonehamBank-A Co- operative Bank for Salem Five Cents Savings Bank,as the lender pursuant to the NEF Program. Except as modified above,the terms and conditions of the May 24,2004 Comprehensive Permit, as amended by the January 13,2005 First Amendment,remain in full force and effect. Town of North Andover Zoning Board of Appeals By: E len P.McIntyre, Chair Dated: June L1,2005 Page 2 of 2 78-688-9530 Health 978-688-9540 Planning 978-688-9535 978 688-9541 Building g Board of Appeals g 978-688-9545 Conservation 9 Town of North Andover „ORT►, Office of the Zoning Board of Appeals " A Coinnmunity Development and Services Division 400 Osgood Street '� "+ '�• ,North Andover,Massachusetts 01845 sswc, ,s D. Ro� Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Minor Modification to Notice of Decision Year 2001 Comprehensive Permit#2001-033 First Amendment NAME OF APPLICANT: Meetinghouse Commons LLC DATE: January 13,2005 ADDRESS: for premises at: South Bradford Street PETITION: 2001-033 North Andover,MA 01845 Typing Date: hnuary 14,2005 HISTORY AND BACKGROUND On January 13,2005,by a vote of 5-0,the North Andover Zoning Board of Appeals(the"Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,§20-23(the"Act"). Previously,on April 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. By letter,dated January 7,2005,the Applicant(through its legal counsel)requested a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. As the basis for the request, the Applicant has indicated that a condition in a deed rider requiring that the affordable housing restriction be preserved in the event of a foreclosure or deed in lieu of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FINDINGS OF FACT:MEETINGHOUSE COMMONS The Board of Appeals finds that it would be unreasonable for the Applicant to comply with the perpetual restriction requirements under Conditions 11 and 12 of the Comprehensive Permit Decision with respell to the proposed financing scheme proposed by this Developer(Applicant)and therefore has determined that a modification of Conditions I 1 and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification since the Project consists of a senior housing(55+)project(as opposed to a project which is not age-restricted),that it is much less likely that the foreclosure provisions �I would be invoked to terminate the affordable housing restriction for a particular affordable unit. i ATTEST: Page I of 2 A True Copy '07—Q r Town Cleric Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover pORTy Office of the Zoning Board of Appeals ? Community Development and Services Division 400 Osgood Street D. Robert Nicetta ;»o North Andover,Massachusetts 01845 'as D Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 CONDITIONS The Board modifies Condition Numbers 11 and 12 of the Comprehensive Permit as follows: 11. Prior to the sale or re-sale of any affordable unit in the Project,a proposed form of Beed Rieder substantially in the form approved by the Board at its January 13,2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and record with the deed for each affordable unit in the Project for each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement in Perpetuity,except that the affordability restriction shall be terminated in the circumstance of foreclosure or similar remedial action under the provisions of a first mortgage,or deed in lieu of foreclosure. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than sixty(60)days atter submission of such Deed Rider. 12. The Board has determined that Meetinghouse Commons LLC has used its best efforts to obtain any necessary governmental Ww als for the tern ofthe Affordability Requirement in the Deed Rider to be in perpetuity,subject to conditions contained in the Deed Rider described in Condition No. 11 above. Except as modified above,the terms and conditions of the April 24,2004 Comprehensive Permit 2001-033 remain in full force and effect. Town of North Andover Zoning Board of Appeals, Ellen McIntyre, Chair Modification 2001-033. M104.CP31&28. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 a<NORT"'ao Town of North Andover Town Clerk Time Stamp �a op CommunityDevelopment and Services Division P RECE Office of the Zoning Board of Appeals ;0'%'CE18RAQ1Sfj 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 1 5 AN 0 A q,. .� Building Commissioner Fax (978)688-9542 MINOR MODIFICATION TO NOTICE OF DECISION YEAR 2001 COMPREHENSIVE PERMIT#2001-033 SECOND AMENDMENT APPLICANT: Meetinghouse Commons LLC MEETING DATE: June 7,2005 ADDRESS: for Premises at PETITION: 2001-033 South Bradford Street North Andover,MA 01845 TTYING DATE: JUNE 7,2005 HISTORY AND BACKGROUND On June 7,2005,by a vote of 4-0,the North Andover Zoning Board of Appeals(the "Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass.General Laws Ch.40B,sec.'s 20-23 (the"Act"). Previously,on May 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. On January 13,2005,the Applicant requested,and the Board voted to approve as a minor and insubstantial modification,a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. By letter, dated May 27,2005,the Applicant requested approval of the change of lender under the Federal Home Loan Bank of Boston's New England Fund(NEF)Program from Salem Five Cents Savings Bank to StonehamBank-A Co-operative Bank,as well as approval of the Revised Regulatory Agreement,Deed Rider,and Monitoring Agreement,all of which were modified to reflect the name of the new lender under the New England Fund Program. No other changes were requested or proposed. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 . Town of North Andover f MORTy p 4t�eo �6•tip Office of the Zoning Board,of Appeals Community Development and Services Division * 400 Osgood Street o�TeO::► North Andover,Massachusetts 01845 ,ss"C""5�� D. Robert Nicetta Building Commissioner Fax (978)688-9541 Fax (978)688-9542 FINDINGS OF FACT The Board has reviewed the May 27,2005 letter from the Applicant's legal counsel and deliberated at its meeting on June 7,2005. Accordingly,the Board of Appeals finds that the proposed changes constitute an insubstantial change. CONDITIONS The Board hereby approves the Applicant's request to substitute StonehamBank-A Co- operative Bank for Salem Five Cents Savings Bank, as the lender pursuant to the NEF Program. Except as modified above,the terms and conditions of the May 24,2004 Comprehensive Permit, as amended by the January 13, 2005 First Amendment,remain in full force and effect. Town of North Andover Zoning Board of Appeals B Y• E len P.McIntyre,Chair Dated: June C"�,2005 Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 97888-9540 Planning 978-688-9535 Town of North Andover MCRrM Office of the Zoning Board of Appeals �? •�° °'A Community Development and Services Division 400 Osgood Street ; `;North Andover,Massachusetts 01845 ''s�cNusE` D. Rof Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Minor Modification to Notice of Decision Year 2001 Comprehensive Permit#2001-033 First Amendment NAME OF APPLICANT: Meetinghouse Commons LLC DATE: January 13,2005 ADDRESS: for premises at: South Bradford Street PETITION: 2001-033 North Andover,MA 01845 T mg Date: January 14,2005 HISTORY AND BACKGROUND On January 13,2005,by a vote of 5-0,the North Andover Zoning Board of Appeals(the`Board")approved the request of Meetinghouse Commons LLC(the"Applicant')for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B,§20-23(the"Act"). Previously,on April 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. By letter,dated January 7,2005,the Applicant(through its legal counsel)requested a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. As the basis for the request, the Applicant has indicated that a condition in a deed rider requiring that the affordable housing restriction be preserved in the event of a foreclosure or deed in lieu of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FINDINGS OF FACT:MEETINGHOUSE COMMONS The Board of Appeals finds that it would be unreasonable for the Applicant to comply with the perpetual restriction requirements under Conditions 11 and 12 of the Comprehensive Permit Decision with respect to the proposed financing scheme proposed by this Developer(Applicant)and therefore has determined that a modification of Conditions 11 and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification since the Project consists of a senior housing(55+)project(as opposed to a project which is not age-restricted),that it is much less likely that the foreclosure provisions would be invoked to terminate the affordable housing restriction for a particular affordable unit. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverNon*ti Office of the Zoning Board of Appeals �?•'�' "�'' �`a Community Development and Services Division 400 Osgood Street D.Robert Nicetta North Andover,Massachusetts 01845 Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 CONDITIONS The Board modifies Condition Numbers 11 and 12 of the Comprehensive Permit as follows: 11. Prior to the sale or re-sale of any affordable unit in the Project,a proposed form of Deed Rider substantially in the form approved by the Board at its January 13,2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project for each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and mold subject to the Affordability Requirement in perpetuity,except that the affordability restriction shall be terminated in the ciraimstalice of foreclosure or similar remedial action under the provisions of a first mortgage,or deed in lieu of foreclosure. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than sixty(60)days after submission of such Deed Rider. 12. The Board has determined that Meetinghouse Commons LLC has used its best efforts to obtain any necessary governmental appovals for the term of the Affordability Requirement in the Deed Rider to be in perpetuity,subject to conditions contained in the Deed Rider described in Condition No. 11 above. Except as modified above,the terns and conditions of the April 24,2004 Comprehensive Permit 2001-033 remain in full force and effect. Town of North Andover Zoning Board of Appeals, Ellen McIntyre, Chair Modification 2001-033. M104.CP31&28. Page 2 oft Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 SMOLAK & VAUGHAN LLP Attorneys at Law Jefferson Office Park —A 82o Turnpike Street, Suite 203 North Andover, Massachusetts o1845 Telephone 978-327-5220 Facsimile 978-327-5219 John T. Smolak,Esq. Direct 978-327-5215 Email:jsmolak@SmolakVaughan.com January 7, 2005 BY HAND AND E-MAIL Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: MEETINGHOUSE COMMONS—COMPREHENSIVE PERMIT DECISION No. 2001-033, dated May 24, 2002 Project: Meetinghouse Commons Property: South Bradford Street, North Andover Applicant & Owner: Meetinghouse Commons LLC Dear Board Members: As a follow-up to the Board's December 14, 2004 meeting, a working group session was held on January 5 among Ellen McIntyre,Albert Manzi 111, Attorney Thomas Urbelis, Tom Zahoruiko and me to resolve remaining drafting issues regarding the Regulatory Agreement and Deed Rider. Attached is a copy of a January 7, 2005 letter to Attorney Urbelis which summarizes those final changes, along with a copy of the final form of Regulatory Agreement and Deed Rider which we ask the Board to approve. As part of those discussions on January 5, it became apparent that representatives of the Town felt that the final form of Deed Rider(which included certain provisions related to foreclosure)may not be consistent with Paragr 9 phs 11 and 12 of the Meetinghouse Commons Comprehensive Permit Decision which provides that affordable units remain affordable in perpetuity. Specifically, Paragraph 4(b) of the DeeRider provides that if the affordable unit is being foreclosed on by the lender, or if the le accepts a deed in lieu of foreclosure, then the unit can be sold free of the affordable housing restriction. This foreclosure provision is a standard provision which has existed in agency regulatory agreements and deed riders for more than fifteen years under the Chapter 40B Program, and is currently used in the standard form of Deed Rider used by MassHousing under the Housing Starts Program and New England Fund Program, and by the Department of Housing and Community Development under the Local Initiative Program. As noted in my December SMOLAK & VAUGHAN LLP Ellen McIntyre, Chair January 7, 2005 2, 2004 letter to the Board, the reason why this provision exists in deed riders is to ensure that these units are financeable, given that the secondary lending market (i.e., Fannie Mae and Freddie Mac) and standard commercial lending practice require that such deed restrictions be terminated upon foreclosure. However, the Town is protected by safeguards in the deed rider in other ways in the event of foreclosure. First, the Town has a right of first refusal to purchase the affordable unit or can find an affordable buyer so that the Town has the ability to preserve the affordability of the particular unit. Second, if the Town declines to exercise this right, it has the right to receive excess profits from the sale of the unit in consideration of the loss of the unit as affordable housing. Those profits obtained by the Town can then be used to encourage, create or subsidize the construction or rehabilitation of other affordable housing in the Town. Moreover, the Applicant feels that as a senior housing project (as opposed to project not restricted by age), it is less likely that a unit would proceed to foreclosure. Accordingly, for the reasons above, and for the reason that the foreclosure provision is generally recognized by the state agencies administering Chapter 40B projects as necessary for financing affordable units, the deed rider for this Project must include such a provision. Lastly, it has been suggested by Town Counsel and others that the inclusion of a foreclosure provision within the deed rider is inconsistent with the notion of perpetuity contained within Conditions 11 and 12 of the Meetinghouse Commons Comprehensive Permit Decision. Because of the need to include the foreclosure provision within the form of deed rider, the Applicant is proposing a technical amendment to the decision to allow for a limited foreclosure exception to the perpetual restriction which the Applicant feels is necessary to finance the affordable units for the reasons above. Accordingly, in accordance with Section 31.03(3)of the Rules of the Housing Appeals Committee, 760 CMR 31.03(3), this letter also serves as a formal request of the Board to vote to approve the proposed modification to the Comprehensive Permit Decision as an insubstantial change to allow for a limited foreclosure exception to the perpetual restriction. Attached for your consideration is a draft Modification of Decision. Sincerely, 9 7-71 FAPOF&� John Smolak JTS/ cc: Town Clerk Thomas J. Urbelis, Esq. NOTICE OF DECISION OF THE BOARD OF APPEALS TOWN OF NORTH ANDOVER FOR A MINOR MODIFICATION OF COMPREHENSIVE PERMIT #2001-033 FIRST AMENDMENT `NAME OF APPLICANT: DATE: January 13, 2005 Meetinghouse Commons LLC ADDRESS: for Premises at PETITION: 2001-033 South Bradford Street Meeting Date: January 13,2005 HISTORY AND BACKGROUND On January 13, 2005,by a vote of __, the North Andover Zoning Board of Appeals(the "Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch. 40B, sec.'s 20-23 (the"Act"). Previously, on May 24, 2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. By letter, dated January 7,2005, the Applicant(through its legal counsel)requested a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. As the basis for the request, the Applicant has indicated that a condition in a deed rider requiring that the affordable housing restriction be preserved in the event of a foreclosure or deed in lieu of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FINDINGS OF FACT The Board has reviewed the January 7,2005 letter from the Applicant's legal counsel and deliberated at its meeting on January 13, 2005. Accordingly,the Board of Appeals finds that it would be impractical for the Applicant to comply with the perpetual restriction requirements under Conditions 11 and 12 of the Comprehensive Permit Decision in light of the Applicant's letter described above, and therefore has determined that a modification of Conditions 11 and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification. The Board also finds that since the Project consists of a senior housing(55+)project(as opposed to a project which is not age-restricted),that it is much less likely that the foreclosure provisions would be invoked to terminate the affordable housing restriction for a particular affordable unit. CONDITIONS The Board modifies Condition Numbers 11 and 12 of the Comprehensive Permit as follows: 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider substantially in the form approved by the Board at its January 13, 2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project for each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement in perpetuity,except that the affordability restriction shall be terminated in the circumstance of foreclosure or similar remedial action under the provisions of a first mortgage,or deed in lieu of foreclosure. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30)days after submission of such Deed Rider. 12. The Board has determined that MHC has used its best efforts to obtain any necessary governmental approvals for the term of the Affordability Requirement in the Deed Rider to be in perpetuity, subject to conditions contained in the Deed Rider described in Condition No. 11 above. Except as modified above, the terms and conditions of the May 24, 2004 Comprehensive Permit remain in full force and effect. Town of North Andover Zoning Board of Appeals By: Ellen McIntyre, Chair Dated: January_, 2005 I,Joyce Bradshaw,Town Clerk of the Town of North Andover,Massachusetts,do hereby certify that twenty(20) days after elapsed since the above-referenced decision of the Board of Appeals which was filed in the Office of the Town Clerk on January_, 2005, and no appeal has been filed with the Town Clerk. j Joyce Bradshaw Town Clerk North Andover, Massachusetts