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Home My WebLink AboutHIGHVIEW LLC (5) Town of North Andover f e►ORtH 1 Q `l.ED 16�tiO Office of the Zoning Board of Appeals Community Development and Services Division x o: ,p• 400 Osgood Street ww4 D North Andover,Massachusetts 01845 D. Robert Nicetta 13utic�i�ag Commissioner Telephone (978)688-9541 Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.eh. 4OA,§17 Pro at: W erley Road NAME: Highview,LLC, 1501 Main Street—Suite 47, HEARING(S): May 13,September 21, Tewksbury,MA 01876,for premises at: November 9,December 14, Waverley Road 2004 &January 13,2005 ADDRESS: for Memises at: Wayeft Road PETI'T'ION: 2004-011 North Andover,MA 01845 TYPING DATE: March 4,2005 The North Andover Board of Appeals held one public hearing in five regular sessions and two special under advisement sessions for the Town Boards and for Citizens,input. The public hearing was concluded on January 13,2005 and the decision was taken at the second special session,Thursday,the 3`d of March,2005 at 5:00 PM in the Town FW 120 Main Street,North Andover on the request for a Comprehensive Permit by Highview, LLC, 1501 Main Street—Suite 47,Tewksbury,MA 01876,for premises at: Waverley Road(Map 22,Parcels 1&25),North Andover,MA. This application is pursuant to MGL Chapter 40B,Section 21 for a Comprehensive Permit for the construction of 16 condominium housing units(Waverly oaks)of which 25% will be affordable. The said premises affected are property with frontage on the West side of Waverley Road within the R4 zoning district. Legal notices were published in the Eagle Tribune on April 26&May 3,2004,and all abutters were notified. The following voting members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Ellen P.McIntyre and seconded by John M.Pallone,the Board voted to GRANT the Applicant the Comprehensive Permit pursuant to MGL Chap.40B,Sections 20-23 for 11 housing units of which 27.5%or 3 units will be affordable,on the condition that the Deed Rider and the Regulatory Agreement shall be provided,per the final draft stamped Mar 3—2005 and the following preliminary plans: Plan Titled: Site Development Plan Waverly Oaks in North Andover,MA Owner: I ighview,LLC 1501 Main Street-Suite 47 Tewksbury,MA 01876 Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA 01810 Date: September 5,2003,Rev:November 24,2004 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 c Town of North Andover f NoRTM , Office of the Zoning Board of Appeals Community Development and Services Division ; d, 400 Osgood Street North Andover,Massachusetts 01845 'sswc►�usE` D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Plan titled: Landscape Plan&Details Waverly Oaks in North Andover,MA Owner: Highview,LLC. Prepared by: Huntress Associates,Inc. 17 Tewksbury Street Andover,Massachusetts 01810& Merrimack Engineering Services 66 Park Street Andover,MA 01810 Date: November 5,2004,Rev:November 28,2004 Plan Titled: Two Unit Townhouse Condominium Waverly Oaks Condominium North.Andover,Massachusetts Prepared for: Highview,LLC Tewksbury,Massachusetts Prepared by: Pawl L Davies&Assoc.,Architects 635 Rogers St.#4 Lowell,MA 01852 Voting in favor were John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The 16 page complete Decision with the 37 written communications,6 findings of fact, 19 general conditions,26 specific conditions,23 waivers,and associated Plans are on file at the Zoning Board of Appeals,400 Osgood Street,North Andover,Massachusetts and can be viewed during normal office hours. Town of North Andover Board of Appeals, dth�D.P14 ,Acting Chairmatl 2004.011. M22P1&25. 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 t s Decision on Comprehensive Permit Application Highview, LLC 1501 Main Street—Suite 47 - Tewksbury, MA 01876 Petition No. 2004-011 PROCEDURAL HISTORY Highview, LLC ("The Applicant") filed an application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 through 23, to construct 16 units of condominium housing of which 25%or 4 would be set aside as"affordable", in the Residential 4 (R-4) zoning district, located at Waverly Road,North Andover,MA 01845, ("the Property"). The Applicant is a duly organized Massachusetts Limited Liability Company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The Comprehensive Permit application was submitted to the North Andover Town Clerk's Office on April 14, 2004. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Massachusetts Housing and Finance Agency(MassHousing) for a project eligibility letter through the MassHousing Housing Starts program. MassHousing reviewed the Application and issued a Project Eligibility Letter to the Applicant on March 12, 2004. The Applicant has proposed no other subsidy programs. The Applicant has chosen the Citizens' Housing and Planning Association(CHAPA), as the agency to monitor the resale of the affordable units. The Applicant submitted plans prepared by Merrimack Engineering Services dated September 5, 2003 to the North Andover Zoning of Appeals with the submission of the Comprehensive Permit Application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department,the North Andover Fire Department,the North Andover Conservation Commission,the North Andover Board of Health, the North Andover Planning Board,the North Andover Department of Public Works and the North Andover Board of Selectmen. Partly as a result of comments and recommendations made by these Boards,the Applicant submitted several revised plans and the latest dated Revised November 24, 2004,which are the plans upon which this decision is based ("Approved"plans). There are no outstanding issues raised by any Town Boards. All issues have been satisfactorily addressed by the Applicant. The Town of North Andover Zoning Board of Appeals, after publication in The Eagle Tribune on April 26, 2004 and May 3, 2004 and due notice sent to all abutters and interested parties, opened a public hearing on May 13, 2004 at the North Andover Senior Center at 120R Main Street,North Andover, Massachusetts. North Andover Zoning Board of Appeals members present were Ellen P. McIntyre,Richard J. Byers,John M. Pallone, and Joseph D. LaGrasse, who chaired the Comprehensive Permit hearings. } 1 r The May 13, 2004 hearing was continued to June 8, 2004 where there was no evidence heard;that hearing was continued to July 13, 2004 where there was no evidence heard;that meeting was continued to August 10,2004 where there was no evidence heard and that hearing was continued to September 21,2004, where evidence was heard;that hearing was continued to October 12, 2004 where no evidence was heard;that hearing was continued to November 9,2004 where evidence was heard;that hearing was continued e to December 14, 2004 where evidence was heard;that hearing was continued to January 13,2005 where evidence was heard and the hearing was closed. At the May 13,2004 North Andover Zoning Board of Appeals hearing, and at subsequent hearings held to continue the public hearing,the Applicant was represented by Attorney Daniel Hayes of Morris, Rossi and Hayes, 32 Chestnut Street Andover, MA 01810 - Stephen E. Stapinski of Merrimack Engineering Services, 66 Park Street,Andover, MA 01810 and Robert Ahern, Highview LLC, 1501 Main Street, Suite 47,Tewksbury, MA 01876. The premises,which is generally known as Waverly Oaks, is located on Waverly Road, North Andover, Massachusetts and is currently owned by Highview, LLC based in Tewksbury. Their deeds to the Property are recorded at the Essex North Registry of Deeds in Book 7987, Page 58, The parcels are also identified as North Andover Assessor's Map 22 Lots 1, 25. The site is irregular in shape, set between an existing neighborhood and a commercial building (North Andover Mall) and consists of 1.40 acres of land with 348 feet of frontage on Waverly Road. The site is wooded and it is presently served by municipal water and sewer. The site is located in zoning district Residential 4(R-4). Two-family dwellings are allowed by Special Permit in R-4 districts. The site is adjacent to an unbuilt paper street called Naples Avenue, and has an unbuilt paper street on the site known as Marengo Street. Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 were found on the site. The property is located within the Shawsheen River watershed, and lies entirely outside of the Watershed Protection District. The site is not located in a 100 year floodplain. There is currently an Order of Conditions for the site,which allows construction of two duplex buildings. According to the applicant, Highview, LLC had conducted neighborhood meetings and made many revisions to its various submission to address area concerns. During the course of the public hearing there was public input. As a result of that input,there were revisions that were made to the plans reducing the number of units from 16 to 11, amongst other changes. 2 f f During the course of the public hearing Board members offered site plan suggestions that the applicant agreed to consider. The suggestions concerned aesthetics, grading, unit density, building locations, landscape buffers to the neighboring properties, increasing road entrance site lines, etc. Based on these comments the applicant prepared a revised plan that deleted four of the market rate units and one of the affordable units. The plan as revised is as follows: four.2 bedroom/unit duplex buildings, and one 2 bedroom/unit triplex building (5 buildings, 11 units, 22 bedrooms). Parking shall consist of 11 garage spaces and 14 surface spaces; total parking is 25 spaces. During the course of the public hearing,the Board of Appeals also received and considered the following written communications: Document From Contents Item Date 41 -Highview,LLC Comprehensive Permit 2004-011 Town Clerk 4-14-04 #2-Mark H.Rees,Town Manager Board of Selectmen's response to Waverly Oaks 4-28-04 #3 -Timothy Willett&Jack DPW response to Waverly Oaks " Sullivan,DPW 94-Julie Parrino,Town Planner Planning Board response to Waverly Oaks 4-29-04 #5 -Atty.Daniel A. Hayes,Jr. Highview,LLC response to ownership of Marengo Street " question,Master Deed NERD Bk. 8454 Pg.254-277& NERD Bk. 8461 Pg. 149-150,&Grant to Anastasia Sheehan #6-Christopher M.Waszczuk Letter from Honig&Barnes,LLP re ownership of 12-2-02 Marengo Street for Conservation Commission NOI hearing 242-1174& 1175&NERD Bk.793 Pg.338.,or, Marengo can't be part of Waverly. #7-Deborah Fox Address to ZBA re impact of Waverly Oaks on abutters 5-13-04 #8-Ann Marie Driscoll-Waszczuk " " " " " #9-Christopher M.Waszczuk Cover letter for documents re:Marengo Street 5-25-04 1.NERD Plan#12180,2.NERD Plan#5347,3.NERD Plan#631,4.NERD Deed Bk.5711 Pg.201,NERD Deed Bk.4554 Pg. 164-8,NERD Deed Bk.4167 Pg. 321-3,&Honig&Barnes 12-2-02 #10-Stephen E. Stapinski, Letter responding to 5-13-04 meeting&cover letter for 6-3-04 Merrimack Engineering Services, below Inc. #11 -Paul L.Davies&Assoc., Typical Townhouse Condominium Unit,Waverly Oaks 6-2-04 Architects Condominium August 14,2003,June 2,2004 #12 -Neighbors for the Letter listing 22 items of concern to the The Neighbors 6-1-04 Preservation of Hawthorne Place and Waverly Road(The Neighbors) #13 -Lt.Andrew Melnikas,NA Memo response to Waverly Oaks application 7-8-04 Fire Department #14-Stephen E. Stapinski, Letter addressing concerns of the Neighbors vs. scope of 7-12-04 Merrimack Engineering Services, 40B hearings Inc. #15 -Susan Sawyer,NA Public Memo response to Waverly Oaks application 7-14-04 Health Director #16-The Neighbors Letter responding to Merrimack Engineering 7-12-04, 8-1-04 signed by the representatives,Christopher Waszczuk, Ronald Thorne,and Deborah Fox #16-Timothy B.McIntosh,P.E., Engineering consultant report in response to Waverly 8-1-04 Vanasse Hangen Brustlin,Inc. Oaks application (VHB) 3 #17-Stephen E. Stapinski, Response to VHB report of 8-1-04&cover letter for 9-17-04 Merrimack Engineering Services above Site Development Plan #18-Ellen Mary Carr Letter requesting the ZBA to consider the June 1,2004 10-4-04 abutter concerns and request the Commonwealth for project review funds #19-Richard M.Stanley,Chief of Response to Waverly Oaks application requesting traffic 10-7-04 Police,NA study #20-Dermot J.Kelly Associates, Traffic Impact Study,Proposed Residential Development 10-14-04 Associates,Inc. Project,Waverly Oaks #21 -Highview,LLC Fiscal Impact Analysis 10-25-04 #22-Merrimack Engineering Waverly Oaks Site cross section,Waverley Road to 10-25-04 Services,Inc. Naples Street #23 -Stephen E.Stapinski, Letter detailing project reduction from 16 units to 11 & 11-4-04 Merrimack Engineering Services, below site plan Inc. #24-Merrimack Engineering Site Development Plan Waverly Oaks Rev:October 30, 10-30-04 Services,Inc. 2004 #25 -Huntress Associates,Inc., 17 Landscape Plans&Details Waverly Oaks 11-5-04 Tewksbury St,Andover,01810& Merrimack Engineering Services, Inc. #26-Huntress Associates,Inc., Planting Details Waverly Oaks,North Andover,MA Nov.2004 #27-Paul L.Davies&Assoc., Floor Plans,Two Unit Townhouse Condominium& 11-8-04 Architects Elevations,Two Unit Townhouse Condominium #28-Robert Nagi,PE,PTOE& Initial Review of the Traffic Impact Study of 10-14-04 11-8-04 Sara Lewis,EIT,of VHB #29-Stephen E.Stapinski, Response to VHB Traffic Impact Study of 11-8-04 11-10-04 Merrimack Engineering Services, Inc. #30-Merrimack Engineering Site Development Plan Waverly Oaks,Date:September I 1-24-OS Services,Inc. 5,2003,Rev:November 24,2004 #31 -Huntress Associates,Inc., 17 Landscape Plans&Details Waverly Oaks Date: 11-28-04 Tewksbury St,Andover,01810& November 5,2004,Rev:November 28,2004 Merrimack Engineering Services, Inc. #32-Paul L.Davies&Assoc., Floor Plans,Two Unit Townhouse Condominium& 11-24-04 Architects Elevations,Two Unit Townhouse Condominium, November 8,2004,Revised:November 29,2004 933 -Ellen Mary Carr Letter requesting revised construction budget&basis for 12-14-04 revised unit sales amounts #34-Robert Ahern,Principal, Cover letter reviewing questions from the Board and 1-3-05 Highview,LLC Departments and below compilation of hearing materials #35-Highview,LLC Revised Application for Comprehensive Permit 12-30-04 #36 Stephen E. Stapinski, Letter requesting VHB review of compilation and revised 1-4-05 Merrimack Engineering Services, plans Inc. #37-Timothy E.McIntosh,P.E. VHB response to Highview,'LLC request for review of 1-11-05 Site Development Plan 11-24-04 and 1-3-05 letter& compilation The above referenced VHB letters were the result of reviews performed by VHB paid for with funds provided by the applicant. The Public Hearing was closed on January 13,2005. By mutual agreement between the Board and the applicant the time for the Board to render a decision was extended to March 8,2005. 4 The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the preceding submissions, which include, but are not limited to,the foregoing materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a Comprehensive Permit. FINDINGS 1. The Applicant. The Applicant, Highview, LLC, is a"limited dividend organization"as that term is used in M.G.L. Chap. 40B § 21 and 760 CMR 30.02, will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a Comprehensive Permit. Highview, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization,the Project is fundable by the Massachusetts Housing and Finance Agency's Housing Starts and New England Fund program, and has control of the site as that term is used in 760 CMR 31.01. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B § or 760 CMR 31.04. 3. The Project. The Project, as shown on the "Approved" Site Plan, consists of 1 I condominium units, arranged on the 1.4 acre property as follows: eleven units total of which there are four duplex buildings for a total of eight two bedroom units and one triplex building for a total of three two bedroom units. The Project's name will be Waverly Oaks. Affordable Housing to be Provided. A minimum of twenty-five per cent(25%) of the units shall be"low or moderate income housing"as that term is defined in MGL Chap. 40B § 20. 4. Access and Traffic Issues. There shall be one driveway entering the property. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. 5. Support by Town Board and Agencies. During the course of the public hearings,the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works, the policy Department,the Fire Department,the future comments of the Conservation Commission,the Board of Selectmen, and the Board of Health. The Board also considered the input of Vanasse Hangen Brustlin, Inc. (VHB), who conducted an independent technical review of the Applicant's application,revised plans and studies and presented findings of this review to the Board in writing. The Applicant has satisfactorily addressed all issues raised by VHB and town agencies and there are no outstanding issues at this time. 6. Waivers Granted. As part of its application for a Comprehensive Permit,the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that 5 these waivers, included herein as revised, are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4 - 0 vote of the North Andover Zoning Board of Appeals taken on March 3, 2005, a Comprehensive Permit for the Project, subject to the following nineteen(19) general conditions, twenty six (26) specific conditions and twenty three (23)waivers, is hereby APPROVED with the following conditions. COMPREHENSIVE PERMIT CONDITIONS A. GENERAL CONDITIONS 1. The"Approved"Plans as detailed herein shall not be substantially changed, altered or reconfigured in any way without prior notice to the North Andover Board of Appeals. In accordance with DHCD and/or MHFA Guidelines (the applicant prefers to file with DHCD under the New England Fund but reserves the right to file with MHFA under the Housing Starts Program) http://www.state.ma.us/dhed/components/hac/GUIDE.HTM) the Board will decide within twenty days whether the change is substantial or not. If the Board determines that the change is substantial (in accordance with HAC Regulations 760 CMR 31.03 (2) (b) (3)) it must hold a hearing within 30 days to decide whether to permit the change. All requirements of the Housing Starts program or New England Fund program as administered by the Massachusetts Housing Finance Agency are to be met. The MassHousing Regulatory Agreement, as approved by the Town, and the Deed Rider as approved by the Town, shall be an affordable housing restriction as required by MassHousing and shall be recorded at the North Essex Registry of Deeds by Highview prior to Highview receiving any certificate of occupancy. Approval by the Board of Appeals of the Regulatory Agreement and Deed Rider must be issued prior to the applicant Receiving Certificates of Occupancy for the Units. Any permits for construction issued and taken shall be at the applicant's sole risk. In the event that the applicant finances the project privately or through a lender other than MassHousing, the applicant will get final approval of this comprehensive Permit from MassHousing prior to any new construction on the site. The Applicant shall execute and record with the Registry of Deeds, a Regulatory Agreement, approved by the Town, and shall execute and record with the Registry of Deeds a Deed Rider approved by the Town, which shall be an affordable housing restriction in accordance with MGL Chap. 184, sec. 26, 31, 32 and 33. The Deed Rider shall mandate the affordable units be sold and resold subject to the affordability requirement for ninety-nine years or in perpetuity whatever period is longer as allowed by law. In the event of a sale to an ineligible purchaser the property shall"remain affordable upon its subsequent resale to a third party. A sale to an ineligible purchaser will not affect the affordability of the Unit. The property sold to an ineligible purchaser will be subject to the continuing obligation to be sold and marketed as an affordable 6 unit. The sale procedure to be outlined in the Deed Rider must be followed by the selling ineligible purchaser,with the Town retaining a right of First Refusal (to be outlined in the Deed Rider) and with the restriction of the sale being to an eligible purchaser. The Deed to an ineligible purchaser shall clearly state that the Property is being conveyed subject to the restriction that a subsequent resale must be to an eligible purchaser. If the holder of record of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company,trust company, insurance company or other institutional lender or its successors or assigns (other than the Grantee or any person related to the Grantee by blood, adoption, or marriage (any of the foregoing, a"Related Party) shall acquire an affordable Unit("the Property")by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure,provided that the holder of such mortgage has given the Monitoring Agent and the Town not less than sixty(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, and provided further that the principal amount secured by such mortgage did not exceed one hundred percent(100%) of the Maximum Resale Price calculated at the time of the granting of the mortgage (the "Permitted Indebtedness"), then the rights and restrictions contained in the deed rider and in the Regulatory Agreement shall not apply to such holder upon such acquisition of the Property, any purchaser(other than an Interested Party) of the Property at a foreclosure sale conducted by such holder,or any purchaser(other than a Related Party) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions contained herein and in the Regulatory Agreement. The holder of Permitted Indebtedness is referred to herein as a"Permitted Mortgagee." In the event such Permitted Mortgagee conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the Permitted Mortgagee is entitled to recover pursuant to the terms of the mortgage (the "Mortgage Satisfaction Amount'), and(ii)the Maximum Resale Price, such excess shall be paid to North Andover. To the extent the grantee possesses any interest in any amount which would otherwise be payable to the Town under this paragraph, to the fullest extent permissible by law,the Grantee must assign its interest in such amount to such holder for payment to the Town. Funds received by North Andover under this paragraph shall be deposited in an affordable housing fund to be expended by the Town for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Town. A Permitted Mortgagee shall notify the Monitoring Agent and the Town in the event of any default for which the Permitted Mortgagee intends to commence foreclosure proceedings. No failure to notify the Monitoring Agent and the Town pursuant to the previous sentence shall impair the validity of the foreclosure. The Grantee grants to the Town the right and option to purchase the Property upon receipt by the Town of notice in any form(including notice by newspaper publication deemed to be received on the date of publication)of an 7 impending foreclosure against the Property. In the event the Town intends to exercise its option, the Town shall purchase the Property at a price equal to the greater of the Maximum Resale Price or the Mortgage Satisfaction Amount within sixty(60) days after receipt of such notice. The deed to the Town shall include a deed rider containing all of the rights and restrictions set forth in the Deed Rider and otherwise satisfactory in form and substance to the Monitoring Agent which the Town, as a condition to such purchase, agrees to annex to said deed. Any excess received by the Permitted Mortgagee over the Mortgage Satisfaction Amount shall be paid to the Grantee (provided,that in the event that such excess paid shall be so paid to the Grantee,the Grantee shall thereafter indemnify such Permitted Mortgagee against loss or damage to such Permitted Mortgagee resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such Permitted Mortgagee to the Grantee in accordance therewith,provided that such Permitted Mortgagee shall give the Grantee prompt notice of any such claim and shall not object to intervention by the Grantee in any proceeding relating thereto). 2. The number of units to be constructed under this Comprehensive Permit is eleven (11). The developer has agreed to an allocation of units such that there will be a total of 3 affordable units (27.27%). The location of the affordable units will be mixed with at least one in the triplex and it shall be the middle unit. 3. All affordable units are to be sold through a lottery process in accordance with Massachusetts Department of Housing and community Development guidelines. All fees and facilitation are to be the responsibility of the Applicant. Two of the three affordable units shall be set aside for North Andover residents in accordance with DHCD and/or MHFA regulations. 4. Prior to submitting the proposed Regulatory Agreement and the Deed Rider to the Board for approval, Highview shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law,the Deed rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than ninety-nine (99) years. Moreover, in the event that the Affordability Requirement is not perpetual, Highview shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for Highview and Town Counsel, for all affordable units. 5. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion of construction, issuance of Certificate(s) of Occupancy by the building commissioner and conveyance to individual unit owners. 8 6. During construction, all local, state and federal laws and regulations shall be followed regarding noise, vibration, dust and blocking Town ways. At all times, the Applicant shall use reasonable means to minimize inconvenience to the residents in the area. 7. The Applicant shall comply with all bylaws,rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 8. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including document number, or a book and page number shall be provided to the Building Commissioner. 9. Highview will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal,road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. 10. A Certificate of Insurance, naming the Applicant as the named insured, which shall include coverage for general liability in an amount not less than$2,000,000.00, automobile liability, umbrella coverage, and Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of construction, including site preparation. 11. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions,restrictions, or requirements of the Comprehensive Permit and the Building Commissioner is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 12. Prior to obtaining a building permit for construction of the townhouse units,the Applicant shall submit final construction drawings and a final site plan to the Building Commissioner for a review to assure general compliance with the "approved plans" as provided in the Massachusetts Comprehensive Permit Law. In the event that there are changes that the Building Commissioner considers substantial,the Commissioner shall submit them to the Board of Appeals for determination whether a substantial changes does in fact exist(in accordance with section A-1 above). 13. The Applicant shall not be permitted to commence construction of the townhouse units until such time as the Applicant has delivered a draft copy of a Regulatory Agreement and Deed Rider to the Building Commissioner. 9 14. The Comprehensive Permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plans referenced above, and submitted with the application, shall be deemed permitted by virtue of the granting of the Comprehensive Permit. 15. The Comprehensive Permit shall run with the land. 16. The Comprehensive Permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three (3)years after the date of recording of this Permit by the Applicant with the Essex North Registry of Deeds, which is not subject to an appeal or contest. 17. The waivers from all local bylaws,rules, and regulations that have been granted are attached. All other bylaws, rules, and regulations remain in full force and effect. The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 18. The Project shall comply with all applicable state and federal regulations including but not limited to State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing,Electrical and Fire Codes and all applicable State and Municipal codes. 19. The Massachusetts Architectural Board Rules and Regulations, 521 CMR shall govern handicap accessibility. B. SPECIFIC CONDITIONS '1. The Project, as shown on the "Approved" Site Plan, consists of 11 condominium units,four two bedroom/unit duplex buildings and one two bedroom/unit triplex building on a 1.4 acre property. The Project's name will be The Waverly Oaks. According to the site plan,the total number of parking spaces shall be 25 for an overall parking ratio of 2.27 parking spaces per unit. 2. The Applicant shall develop and sell these units as condominiums and not as rental units. The rules and regulations of the condominium shall contain a provision which is not less restrictive than the following: Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following conditions: �I a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six(6)months; 10 d. The occupancy of the unit shall be for not more than two (2)unrelated eo ple•P e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and g the Rules and Regulations of the Condominium; and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development(DHCD). To the extent permitted by federal and Massachusetts law, residents of the Town of North Andover are to be granted a local preference for the initial sale and subsequent resales of affordable units. In no case shall local preference be granted for more than two (2) of the affordable units. The Applicant shall work with the Town of North Andover toward this goal. 4. The Applicant has agreed to hire as outside monitoring agent, Citizens' Housing and Planning Association(CHAPA). CHAPA will utilize best efforts to keep local preferences in perpetuity or for ninety-nine years whatever period is longer as allowed by law. 5. All of the units in the Project that are designated as"affordable" shall be available for purchase by persons whose income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban Development. The affordable units shall be indistinguishable from market rate units in the Project from the exterior. A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. 6. Waverly Oaks will have scheduled private curbside trash pickup. 7. There shall be one driveway for the condominium units to the site as shown on the final revised site plan. 8. The applicant shall supply and verify the fire hydrant locations in a manner satisfactory with the North Andover Fire Department. 9. There shall be residential sprinkler and other fire protection systems as required by the North Andover Fire Department. Fire resistant siding shall be used on the west face of building#4 and#5. 11 10. The execution of Form"U"by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on and off-site drainage and utility issues. 11. The Applicant shall provide details on the sewer main and sewer services including profiles to the North Andover Department of Public Works as part of the technical review prior to the issuance of a building permit. 12. Cross connection details and proper backflow information regarding water tie-ins and the type and size of water services shall be provided and approved by the North Andover Department of Public Works prior to the issuance of a building permit; such approval shall not be unreasonably withheld and shall be issued in a timely fashion. 13. Installation and maintenance of the sewer conduits on the site,both force main and gravity, and the sewer pumping station, shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part,to the Town of North Andover at no cost if requested by the Town. The sewer pumping station shall remain privately owned and maintained unless requested by the Town at which time it will be conveyed at no cost to the Town of North Andover. 14. Screening and landscaping shall be substantially in compliance with the approved landscape planting plan provided. A clear"sight triangle" shall be provided at Waverly Road and Marengo Street. 15. Final plans stamped by a structural engineer shall be submitted depicting the location and height of proposed retaining walls that exceed four feet in height. Said Plans shall be submitted prior to issuance of a building permit. 16. Final plans shall be submitted specifying measures to stabilize slopes proposed to be greater than 3:1, entrance radius of 30' rather than 20', and guardrail around the "turnaround". Said Plans shall be submitted prior to the issuance of a building permit. 17. Stormwater runoff, other than roof runoff, shall be pretreated prior to being recharged. A Notice of Intent or modification to the existing Order shall be filed by the applicant with the North Andover Conservation Commission. Said filing to occur within 180 days of approval and the expiration of all appeals for this decision. 18. Final plans shall be submitted specifying measures to inspect and maintain stormwater management areas along with providing an adequate overflow mechanism, and showing rip rap for erosion control at the outlets. 19. Infiltration of roof runoff shall be considered in the final design of the stormwater management system to the extent that it is practical and feasible. 12 20. The final design plans shall show curbing where needed to direct runoff into the stormwater management system. The Marengo Street catch basins shall be located at the point of curvature (near contour sixty) of the driveway. 21. Final plans shall be submitted to include an operation and maintenance plan for the stormwater management system. 22. Refer to notes on the November 24, 2004 plan for other construction standards and conditions. 23. The construction of Waverly Oaks need not be phased but must be completed two years after construction starts. 24. The Board of Appeals, pursuant to the authority contained in Massachusetts General Laws Chapter 40B, Section 21,hereby issues to the Applicant all of the locally obtainable permits needed to construct the Project, subject to the express terms and conditions of this Decision provided that the North Andover DPW has reviewed and approved the technical aspects of any sewer connections,prior to the issuance of a building permit. Consequently,this will confirm that the Inspector of Buildings may rely upon this Decision in determining whether the Applicant has fulfilled the preconditions for obtaining building permits for the Project. Except for the express reservations contained in this Decision,the administration of the building permit process for the Project is to be conducted subject to (a)the state building code, (b) applicable state laws, (c) state permits and approval for which this Board can not and has not issued, and(d)the terms and provisions of this Decision. 25. All materials and building color shall be specified and submitted to the Building Commissioner and to the Zoning Board for final review prior to the issuance of a building permit. 26. Final site improvement drawings shall be submitted to the Building Commissioner and to the Zoning Board for approval prior to a building permit. The site improvements shall detail but not be limited to the following: A. Ground mounted HVAC equipment shall be concealed. B. Provide lighting plan and details. 13 Approved Waivers to the By-Laws and Regulations In Effect in the Town of North Andover For the Approved 11 Unit Residential Housing Project To be known as Waverly Oaks Waverly Road,North Andover, Massachusetts Waivers requested are those expected to be required from the Zoning Bylaw as amended through the Annual Town Meeting of 2004 for the development of this project in accordance with revised plans and drawings (Approved Plans)listed below: Prepared by Sheet Title Rev. Date Huntress Assoc.. Inc. & Merrimack Engineering Services 1 Landscape Plan& Details 11/28/04 Merrimack Engineering Services 1 Site Development Plan Rev: 11/24/04 Paul Davis Associates 2 sheets Townhouse Elevations and Floor Plans 12/8/04 The proposed development shall require the following waivers from the North Andover Zoning By- Law: 1. The Building Commissioner may assume that additional waivers from the By-Laws and Regulations of the Town of North Andover are granted where an item is not specifically listed in this decision but it is shown on the approved Plans. 2. Section: 4.122; Item: One residential building per lot; Request: five buildings per lot 3. Section: 4.122 Item: One or two family dwellings; Request: Permit two or more dwellings per building 4. Section: 4.2 Item: Phased Development By-law Request: Not applicable to this development 5. Section: 5.0; Item: Earth materials removal Request: Does not apply 6. Section: 7.2.1; Item: Access across street frontage Request: Access to Marengo Street to Waverly Road,to the extent that the plan does not comply with 7.2.1 14 7. Section: 7.3 Item: Yards Request: Setback of 15' front in lieu of 30' front Marengo Street(if applicable) 8. Section: 7.3 Item: Yards Request: Setback of 15' rear in lieu of 30' rear or 15' front in lieu of 30' front at Naples Avenue if the property line is determined to be front or rear 9. Section: 7.4 Item: Height- 35' max allowed Request: 35.92 max allowed height 10. Section: 7.7 Item: Density— 1 duplex per 12,500 S.F. Lot(6.96 units/acre) Request: 7.85 units per acre 11. Section: 8.1 Item: Parking—in residential districts and for multi-family front yards not to be used for parking Request: Permit parking in front yards 12. Section: 8.1 Item: Parking - Driveway width to be 25' Request: Driveway width 24' 13. Section 8.1 Item: Screening Request: Parking- Be provided coincidental with the site plan 14. Section 8.1 Item: Design Standards Request: Parking- Allow a parking space behind a garage space 15. Section: 8.3 Item: Site Plan Review Request: Not be required 16. Section: 8.4 Item: Screening and Landscaping Request: Be provided as shown on the development landscape plan 17. Section: 8.7 Item: Growth Management Request: Not be applicable to this development 18. Section: Table 1 15 Item: Multi-Family Dwellings not Permitted Request: Permit in an R-4 Zone 19. Section: No.Andover Regulations Item: Conservation Commission Request: Not be required(provide Mass. Standards) 20. Section: No. Andover Regulations Item: Planning Board Request: Not be required(provide Mass. Standards) 21. Section: No. Andover Regulations Item: D.P.W. Sewer and Water Construction Details Request: Not be required(provide Mass. Standards) 22. A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 23. A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security required by the North Andover Zoning Board of Appeals shall be provided to the Town at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the road opening within the public right of way, including the water and sewer connections. 16 Town of North Andoverof {�ONTp Office of the Zoning Board of Appeals Community Development and Services Division, 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Date �''� k ze) TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA Ol 845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Spe Comprehertu�i Finding for property located at: STREET: MAP: a Z PARCEL: TOWN: Ayk)oder TO MEETING DATE(S): ` L NAME OF PETITIONER: r �.. Signed: Pe o tition prese lve) -- - L 4 L DEC 1 4 D44 4ppeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 tu-to-auo wtv uuoo Hn iiorris Ro5si a naye5 inn mi. viu-riYu"iiu r. ve/uc Feb 15 OS MOP NORTH RNAOVFR 9788889542 Town North Andover ry '..''. Office of the�oning Board of Appeals nt and Services Division • Community Develgpme -.�- • 4)04go+d Strut North And+vor,MM-Whurrtts 01843 Telephoto(9711)6t18-9541 D.RObot MCM Fax (978)Eft-042 �urlding C'on►mix�k►ner Dow I � j TO. Town of North Andover Zoniu6 Hoard of Appeals 400 Osgood Street I �� North Andover MA 01645 ( j/ i Pkeso be sdvisa*0 I bwel ep ad,to extend,by MUOW Board of Appy th applicant,dw Perna Aedov"Zonitlg a of the Compme11w&c;Permit foe mske a dw an regarding 408 Section 21. iNa�ac aGenualtaws, - for property bcaed at: STREET: j PARCEL- TOWN: • TO M6Ef INGr DA'fE(S)i� 11i ( ----� NAME OF PETrnON Siped. . Qr: • I J 1j J • i ' 97t.fiW9595 , 971M bttl•9541 �lui)s inA97 9543 �tiu0F7i 6IIIFOSdO f1asM97MdrRM13A0 AouA of AppwAt I . I Town of North Andover pa"°a=baa Office of the Zoning Board of Appeals � a A Community Development and Services Division 400 Osgood Street *,�►. ^T;a ,, North Andover,Massachusetts 01845 �gSncHu$Et D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit l (::2Co=rehensive Permit(40B) Finding = for property located at: STREET: ieL, MAP: �� PARCEL: !,! TOWN: TO MEETING DATE(S): e G eiii 4,e r NAME OF PETITIONER: V e �i 5 Signed: tit' ( iti er' res i NOV 9 - 2004 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-6 -9530 Health 978-688-9540 Planning 978-688-9535 BOARD OF APPEALS a.00 � C �