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HomeMy WebLinkAboutMiscellaneous - 1275 TURNPIKE STREET 4/30/2018 (5)o m k� .\lbcrr P- 11anri iii, li:y. C-hainvau Iillcn i'. NIchrn•rc•, i ire-C.7iahwau Richard 1. Bim" F"ki. Cleik Richard M. \'aiUancnurr Daniel S. Brucxc, F.,+ . Ifiodate Alewberr Thonnas 1). 11-111ditu MLcharl P. Uporno Town of North .Andover ZONING BOARD OF APPEALS 2010 AUC 1 All 10: f 8 f1fAS s A , HlbfS TOW11 t:lcrk 7 nnc Stamp Notice of Decision Year 2010 Property at: 1275 Turnpike Street North Andover, MA 01845 NAME: Elm Development Services, LLC. HEARiNG(S): August 112009, September 8, 2009 Earnest A. Gralia Ill and August 10, 2010 ADDRESS: 1275 Turnpike Street, (Map 107.A, PETITION: 2009-011 Parcel 149,283, and 284)North Andover,. MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120.Main Street, North Andover, MA on Tuesday, August 10'11 2010 at 7:30 PM upon the application of Elm Development Services, LLC, 1275 Turnpike Street, (Map 107.A, Parcel 149,283, and 284) North Andover, MA 01845 applicant is requesting a 1 time extension of the Variance granted by the North Andover Zoning Board Of Appeals on September 8, 2009 . The following voting members were present: Ellen P. McIntyre, Richard J Byers, Richard M. Vaillancourt and Daniel S. Braese. The following Associate members were present: Thomas D. 1ppolito, and Michael' P, Liporto. The Zoning Board of Appeals voted to extend the Variance granted by the 2009-11 Decision at the regular August I 011i, 2010 meeting upon a motion by Byers to approve the extension and second by Vaillancourt. Mass. Gen. L ch 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months'. Voting in favor: Ellen P. McIntyre, Richard J Byers, Richard M. Vaillancourt Daniel S. Braese, Thomas D. 1ppolito and Michael P, Liporto. North Andover Zoning )Board°of Appeals Albert P. Manzi 111, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Decision 2009-011 Page I of i Albert P. Manzi 111, ['sq. Chairman Ellen P. iNfdntyrc, 1 lie -Chairman Richard 1. Bvcrs, F,sq. Gerk, Joseph 1). laGrasse Richard Nd. Vaillancourt Arsociate Members Phomas 1). 1ppolito Daniel S. Braesc, 1Ssq. Nfichael P. l,iporto Town of North Andovejr ZONING BOARD OF APPEALS P,ECEDVED TTV,]N C'. ERRS 0F;: ICF Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 e e~� 2009 SEP 22 P14 2.35 * � k �j 1 (WI f '�v� (�i p,`��/0� ��T` �I (jP'iivEE DU%1r 11 I� A S S AV i 7 U S^ r I 1 SACHUSE Town Qcrk Lime Stamp Notice of .Decision Year 2009 Property at: 1275 Turnpike Street NAME: Elm Development Services, LLC HEARING(S): August 11 & September 8, 2009 Ernest A. Gralia, III ADDRESS: 1275 Turnpike Street (Map 107.A, PETITION: 2009-011 Parcel 149, 283 and 284), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 1208 Main Street, North Andover, MA on Tuesday, September 8, 2009 at 7:30 PM upon the application of Elm Development Services, LLC, 1275 Turnpike Street, (Map 107.A, Parcels 149, 283, 284), North Andover, MA. Applicant is requesting dimensional VARIANCE from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height and for a VARIANCE from Section 13.5.d. I and Footnote I of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the front property line, within the Village Residential District. Legal notices were sent to all names on the abutter's list and were published in the Eagle - T ribune, a newspaper of general circulation in the Town of North Andover, on July 27 & August 3, 2009. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Michael P. Liporto and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2"d by Thomas D. 1ppolito, the Board voted to GRANT a dimensional Variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy- three (73) feet from the perimeter of the front property line, within the Village Residential District. Variance: Section 13.5.d.I and Footnote l of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter Plan(s) Title: l ) Exhibit Plan "A" The Arbors at North Andover, by Marchionda & Associates, L.P., dated February 12, 2009; 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Architects, Received at September 8, 2009 meeting; 3) "Setback Variance Plan", by Marchionda & Associates, L.P., dated July 16, 2009, containing ten (10) sheets. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Michael P. Li orto and Thomas 1 o]ito (5-0) Upon a motion by Richard J. Byers and 2"d by Richard M. Vaillancourt, the Board voted to GRANT a dimensional Variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty- five (35) feet to forty-nine (49) feet, two (2) inches: With the following condition(s): I. The attic level shall not be used for living purposes and shall remain uninhabitable. Pagel of 2 Variance: Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height Plan(s) Title: 1) "Setback Variance Plan", by Marchionda & Associates, L.P., dated July 16, 2009, containing ten (10) sheets. 2) Exhibit Plan "A" The Arbors at North Andover, by Marchionda & Associates, L.P., dated February 12, 2009; 3) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Architects, Received at September 8, 2009 meeting; Voting in favor: Richard J. Byers, Richard M. VaillancouM Michael P. Liporto and Thomas Ippolito 4-1) Voting in the Negative: Ellen P. McIntyre The Board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the Village Residential zoning district, a literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise, to the petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within one (I) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andover Zoriing'Boaro,� f Appeals Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Associate Member Thomas Ippolito Decision 2009-011 Page 2 of 2 Bldg. Con/Com Fire Chief Town Clerk Planning tt l.cv M°\ ZBA Health Town of North Andover Office of the Planning Department Community Development and Services 1600 Osgood Street North Andover, Massachusetts 01845 Police Chief DPW/Engineers "Surrounding Towns" Application of: sep Division /4 NOTICE OF DECISION lite Plan Review Special Permit - Modification Mesiti Development 231 Sutton St, Suite 2F North Andover, NIA 01845 Date of Decision: September 17, 2008 1)-75 Premises Affected: Boston Ski Hill, Turnpike St (Rte. 114) and Johnson Road, Assessor's Map 107A & 107C, Lots 149 & 10, within the Village Residential Zone In May 2002, the Planning Board unanimously voted to grant the applicant, Mesiti Development, 231 Sutton St, Suite 2F, North Andover, MA 01845, a Site Plan Review Special Permit for the construction of 96 age restricted town homes with grading and landscaping improvements. The project is located within the Village Residential (VR) Zoning District on Map 107A & 107C, Parcels 149-& 10 with frontage on Salem Turnpike (Route 114). On October 16, 2007, the Planning Board voted unanimously to grant an extension of the Special Permit for Site Plan review to the applicant for a period of one year to October 26, 2008. On August 11, 2008, the applicant filed an Application for a Modification to the Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw. After a public hearing given on.the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT MODIFICATION for the above mentioned premises. orth Andov r Planding Board John Simons, Chairman Jennifer Kusek, Clerk Richard Rowen Tim Seibert Michael Walsh �i Bldg. Con/Com Fire Chief Town Clerk Planning tt l.cv M°\ ZBA Health Town of North Andover Office of the Planning Department Community Development and Services 1600 Osgood Street North Andover, Massachusetts 01845 Police Chief DPW/Engineers "Surrounding Towns" Application of: sep Division /4 NOTICE OF DECISION lite Plan Review Special Permit - Modification Mesiti Development 231 Sutton St, Suite 2F North Andover, NIA 01845 Date of Decision: September 17, 2008 1)-75 Premises Affected: Boston Ski Hill, Turnpike St (Rte. 114) and Johnson Road, Assessor's Map 107A & 107C, Lots 149 & 10, within the Village Residential Zone In May 2002, the Planning Board unanimously voted to grant the applicant, Mesiti Development, 231 Sutton St, Suite 2F, North Andover, MA 01845, a Site Plan Review Special Permit for the construction of 96 age restricted town homes with grading and landscaping improvements. The project is located within the Village Residential (VR) Zoning District on Map 107A & 107C, Parcels 149-& 10 with frontage on Salem Turnpike (Route 114). On October 16, 2007, the Planning Board voted unanimously to grant an extension of the Special Permit for Site Plan review to the applicant for a period of one year to October 26, 2008. On August 11, 2008, the applicant filed an Application for a Modification to the Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw. After a public hearing given on.the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT MODIFICATION for the above mentioned premises. orth Andov r Planding Board John Simons, Chairman Jennifer Kusek, Clerk Richard Rowen Tim Seibert Michael Walsh Boston Ski Hill/Mesiti Development Corp. rt Map 107A & 107C, Parcels 149 & 10 Site Plan Review Special Permit — Modification September 17, 2008 Conditions After a public hearing given on September 17, 2008, the Planning Board voted unanimously to Approve the Modifications to the Site Plan Review Special Permit for the premises affected, with the following conditions: 1. Modification of Phase 1 & 2 to eliminate the demolition of the retaining walls, the pavement and the removal of the guardrail from Phase 1 and add that work to the scope of Phase 2. All other items as shown on the Plan will be completed. 2. Completion of Phase 1 constitutes "substantial use and construction" as specified in the original decision in section 7L. 3. Reduction of Site Opening Bond/Erosion Control Bond from $20,000 to $5,000. 4. Defer the requirement to post a Slope Stabilization Bond, per condition 2C of original Decision dated May 15, 2007, to be made prior to the commencement of Phase 2. 5. Install erosion control barrier (silt fence and hay bale) as shown on plan entitled "Phase 1 Demolition Plan, Boston Hill in North Andover" prepared by Marchionda & Associates, L.P., dated 4/15/02 and revised 8/20/08. 6. Demolish existing lodge, out building and pump house. Retain slabs of buildings to be demolished and fill existing basement area to grade. Retain as much of the existing bituminous concrete parking area as possible. 7. Abandon existing underground utilities in place (do not excavate and remove). 8. Cut existing suction line pipe from snow making pond 6 inches below grade and leave remainder in place. 9. Remove elevated water discharge pipe by cutting it into manageable lengths without disruption to existing wetland vegetation. 10. Stabilize all disturbed areas with 4 inches loam and seed. 11. In accordance with Condition No. 2(A) of the Special Permit, for each of the five (5) phases of work described in the Specifications, prior to the commencement of work for each phase, a construction schedule shall be submitted to the Town Planner. The schedule shall include a timetable for substantial completion of that phase. (The term "substantial completion" refers to the definition in Condition No. 4(J) of the Special Permit.) No timetable for any one phase shall exceed 24 months; if work for the phase is not completed within the 24 month period, then the Special Permit shall deemed to have expired; provided, however, that reasonably prior to the end of any 24 -month period the permittee may seek from the Planning Board an extension of said 24 - month period for good cause. The following information shall be deemed part of this decision: Plan titled: Phase 1 Demolition Plan in No. Andover, MA Prepared for: Mesiti Development Group. 231 Sutton St., Suite 2F North Andover, Massachusetts 01845 Prepared by: Marchionda & Associates, L.P. 62 Montvale Ave. Stoneham, MA 02180 2 Boston Ski Hill/Mesiti Development Corp. Map 107A & 107C, Parcels 149 & 10 `1,Site Plan Review Special Permit — Modification September 17, 2008 Scale: 1" = 80' Date: April 15, 2002, revised to 8/20/2008 Sheets: 1 3 t►°RTN °Ftt��° ,6Atio Town of North Andover 10 Office of the Planning Depar "IT 25 poi �, 0 4 Community Development and Services Division �9SS SYR. �<y 1600 Osgood Street }40pi (� 114 � y CHU �kasjJ �� I North Andover, Massachusetts 0184r,,S�,ACi{�w ; g Bld . ZBA , NOTICE OF DECISION Bldg. Health Any appeal shall be filed Fire Chief Police Chief within (20) days after the Town Clerk DPW/Engineers date of filing this notice in the office of the Town Clerk. - - - Date: October 17, 2007 Date of Decision: October 16, 2007 Date of Hearing: October 16, 2007 Application of. Mesiti Development 231 Sutton Street, North Andover, MA 01845 1 }- 7.S � ,p k 10 7.A Premises Affected: Boston Ski Hill, Route 114, Assessor's Map 107A& 107C, Lots 149 & 10 within the Village Residential Zoning District. At a regularly scheduled meeting of the Planning Board, duly posted, and held on October 16, 2007, the North Andover Planning Board voted to grant an extension of the Site Plan Review Special Permit originally issued on May 15, 2002 (the "Special Permit") to Mesiti Development for the construction of ninety-six (96) age -restricted townhouse condominium units in the Village Residential Zone located on Rte 114 in North Andover (the "Project"). This extension is granted pursuant to Massachusetts General Law, Chapter 40A, Section 9 and Section 10.31.3 of the North Andover Zoning Bylaw, and will extend the Special Permit for a period of one year to October 26, 2008, subject to the following conditions stated below. Conditions: In addition to the requirements and conditions contained in the Special Permit, the Project is subject to the following conditions: 1. In accordance with Condition No. 4(J) of the Special Permit and the Construction Phasing & Erosion Control Specification referenced therein (the "Specifications), as part of the initial construction, all existing buildings and structures shall be removed in accordance with Phase 1 of the Specifications. 2. In accordance with Condition No. 2(A) of the Special Permit, for each of the five (5) phases of work described in the Specifications, prior to the commencement of work for each phase, a construction schedule shall be submitted to the Town Planner. The schedule shall include a timetable for substantial completion of that phase. (The term "substantial completion" refers to the definition in Condition No. 4(J) of the Special Permit.) No timetable for any one phase shall exceed 24 months; provided, however, that reasonably prior to the end of any 24 -month period the permittee may seek from the Planning Board an extension of said 24 -month period for good cause. 3. In accordance with Condition No. 4(J) of the Special Permit, after substantial completion of each phase, the permittee shall provide to the Town Planner a report confirming substantial completion of ,that ase including confirmation that all slopes have been stabilized. The permittee's obligation to D UU1 2 5 LUU1 BOARD OF APPEALS Boston Ski Hill Construction of 96 age -restricted town house condominiums „ Map 107A & 107C, Lots 149 & 10 Site Plan Review Special Permit October 16, 2007 make such a report is in addition to the requirement of Condition No. 2(E) of the Special Permit that an independent Environmental Monitor submit weekly reports to the Planning Board. 4. Upon the determination of the Planning Board in consultation with Town Staff and the independent review consultants that a safety issue has arisen in connection with the construction of the Project in accordance with the approved plans, the permittee, upon written notice from the Planning Board or its representative, shall appear before the Planning Board to discuss remediation of said safety issue at the time and place provided in said notice. Said safety issues shall include, but not be limited to, traffic safety issues, if any, arising in connection with the future expansion of Route 114. 5. This Notice of Decision shall be recorded with the Registry of Deeds and evidence of recording shall be provided to the Planning Department. Accordingly, Mesiti may proceed with the approved project in accordance with the Site Plans referenced in the Site Plan Review Special Permit Decision, as modified by the conditions referenced above. North Andover Planning Board /4- Planning B and Chairtfan or Town Planner as authorized by a vote of the Planning Board Commonwealth of Massachusetts Essex, ss .420 Then personally appeared the above-named Lincoln Daley, Town Planner, who acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board before me. N�otPublic���� My Commission Expires: 5(, t p Mary s S� leary4ppolito Notary Public LJ Commonwealth of Massachusetts My Commission Expires LO b355v ostora -1 May 16, 2014 f)y Cd 14 Town of North Andover f NORTk Office of the Planning Department 3? f' P Community Development and Services Division t o .. 27 Charles Street Area _ North Andover, Massachusetts 01845 c►+USE� t > Telephone (978) 688-9535 - Fax (978)688-9542 Mot IDIA l 107° �a Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice o In the Office of the Town Clerk D - c1� 13rnor Date: May 15, 2002 m = o Date of Hearing: May 7, 2002 Petition of: Mesiti Development 231 Sutton Street North Andover MA Premises Affected: Route 114 Turnpike Street across from Johnson Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of 96 age restricted town homes within the Village Residential Zoning District After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Signed: Jo Simo s, Chairman Cc: Applicant Al rto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters Felipe Schwarz DPW George White Building Department Conservation Department Health Department ZBA pI'llWI BOARD OF APP 88-9541 MAY 16 2001 BOARD OF APPEALS BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Boston Ski Hill Site Plan Review - Special Permit The Planning Board hereby approves the Special Permit/Site Plan Review for the construction of 96 townhouses to be built upon the land shown on Map 107A & 107C, Lots 149 &10, located in the village Residential zone. Mesiti Development, 231 Sutton Street, North Andover, MA 01845, requested this Special Permit/Site Plan Review on April 17, 2002. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Village Residential Zone and the use is multi -family residential. 2. The use as developed will not adversely affect the neighborhood, as the project is residential in nature. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as indicated by the Traffic Impact & Access Study performed by Dermot J. Kelly Associates, Inc. and reviewed by the Town's Outside Engineering Consultant, Vanasse Hangen Brustlin, Inc. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. 5. The site drainage system is designed in accordance with the Town Bylaw requirements. The drainage calculations submitted by Marchionda & Associates were reviewed with the Town's Outside Engineering Consultant, Vanasse, Hangen, Brustlin, Inc. and deemed to be acceptable. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 and for Special Permits as stated in Section 10.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility will be connected to the municipal sewer system in the Town of North Andover. Moreover, the Town will not be responsible for maintaining or plowing any of the ways shown on the Site Plans. 8. The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3(5) and (6) subject to the following conditions. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The "Locus" refers to the 33.35 acre parcel of land adjacent to Route 114 also known as Turnpike Street and located across from Johnson Street, North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by Marchionda & Associates, L.P. dated June 20, 2001 and last revised April 12, 2002, entitled "Boston Hill an Age -Restricted Community Boston Hill Special Permit Approval 1 Located in North Andover, Massachusetts" consisting of Sheets 1 through 25 and L1 through IA. iii) The "Project" or "Boston Hill Condominiums" refers to the development of 96 age -restricted townhouse condominium units at the Locus in accordance with the Plans and the instant Special Permit. iv) The "Applicant" refers to Mesiti Development, the applicant for the instant Special Permit. v) The "Condominium Documents" refers to the condominium trust, master deed and rules and regulations of the Boston Hill Condominium. vi) The "Board of Trustees" refers to the Board of Trustees of the Boston Hill Condominium. vii) The "Unit Owners" refers to the owners of the units at the Boston Hill Condominium. viii) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time which can include but is not limited to the applicant, developer, and Board of Trustees of the Boston Hill Condominiums. 1) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the Town's Outside Engineering Consultant, and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. B) The restriction providing that the Open Space Parcel (defined below) shall be retained in perpetuity as described below (the "Land Restriction") must be reviewed and approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty (30) days after submission. i) The Open Space Parcel A shown on Sheet 23 of 25 of the Plans shall be owned by the Board of Trustees or organization of unit owners of Boston Hill Condominium as defined herein (the "Open Space Parcel"). A perpetual restriction running to or enforceable by the Town shall provide that the Open Space Parcel shall be retained in perpetuity for either conservation, agriculture or recreation purposes (the "Land Restriction"). All uses and structures shown on the Plans (such as, for example, drainage purposes) shall also be permitted under the Land Restriction. Moreover, the Open Space Parcel shall not be open or accessible to the general public but shall be devoted exclusively to the use and enjoyment of the residents and invitees of the Boston Hill Condominium; provided, however, that the hiking trail shown on said Sheet 23 (and the six accessory parking spaces thereto) shall be open and accessible to the general public solely for hiking purposes. C) The Land Restriction shall be recorded at the North Essex Registry of Deeds with a copy of the recording provided to the Planning Department. 2) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) A bond shall be posted (per agreement with the North Andover Planning Board) a Site Opening Bond/ Erosion Control Bond in the total amount of twenty thousand ($20,000.00) dollars for the purpose of covering any contingencies that might affect the public welfare such as site -opening, Boston Hill Special Permit Approval 2 clearing, erosion control and performance of any other condition contained herein. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. C) A Slope Stabilization Bond in the amount of seventy-five thousand ($75,000) to be held by the Town of North Andover. The Slope Stabilization Bond shall be in the form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow account. These monies may be utilized by the Town to ensure the stabilization of the slopes. These monies, or the balance thereof, will not be released until three years from the date of completion of slope construction. For purposes of this section, "date of completion of slope construction' shall be defined as the date that the Town's Outside Engineering Consultant certifies in writing to the Planning Board that the slopes have been constructed in accordance with the approved plans and this decision. Furthermore, the Town's Outside Engineering Consultant shall not make this determination until a joint site visit has been scheduled with the Planning Board. D) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Town's Outside Engineering Consultant. E) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly written reports to the Board containing construction updates and any areas of non-compliance with the plans and conditions of approval. F) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. G) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or clearing on site. H) A pre -construction meeting must be held with the developer and their construction employees, the Community Development Director, Town Planner and the Town's Outside Engineering Consultant to discuss scheduling of inspections and inspections to be conducted on the project. I) The developer must deposit funds to pay for the Town's Outside Engineering Consultant to perform inspectional services for the construction of this project. The estimate of the cost of construction inspectional services will be calculated by the Town's Outside Engineering Consultant upon receipt of final endorsed site plans and other necessary construction documents and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant and the developer. In the absence of mutual agreement, the Planning Board shall set the final cost. The reason for the Town's Outside Engineering Consultant performing the construction inspectional services is that due to the enormity of the cutting and filling, erosion control and length of the roadways, the Department of Public Works is unable to perform inspections on a regular and timely basis. J) A Performance Guarantee in an amount to be determined by the Town's Outside Engineering Consultant, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: Boston Hill Special Permit Approval 3 i) as -built drawings; ii) sewers and utilities iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi)drainage facilities vii)site restoration viii)fmal site cleanup K) The developer must secure any necessary earth removal permits required under the Zoning Bylaw for the removal of earth from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA, and provide revised plans as needed. Q The developer shall provide the Planning Board with copies of permits, plans and decisions received from the Conservation Commission. In accordance with General Condition 7(k) below, should the Community Development Director find that plans approved by the Conservation Commission substantially differ from the approved plans of the Planning Board, the developer is required to present the changes through a public hearing to the Planning Board for a modification to site plan approval. M) The water booster station design requires approval from the Division of Public Works and Fire Department. The minimum criteria for domestic water system pressure is 20 PSI at any time, minimum domestic supply pressure of 35 PSI, a one day storage capacity if no standby system with the system design demand of 100 gallons per capita per day. Prior to the installation of the water booster stations, the applicant and/or developer must demonstrate to the Division of Public Works and Fire Department that domestic water service will have a supply pressure of 50 PSI with system design demand of 150 gallons per capita per day. Also that the minimum flow at any hydrant for fire protection is 1, 000 GPM with a residual pressure of twenty-five (25) PSI at hydrants adjacent to the hydrant being utilized. 3) DURING CONSTRUCTION A) Dust mitigation and roadway cleaning must be performed weekly, or more frequently as directed by the Town Planner, or in the absence of a Town Planner, the Community Development Director, throughout the construction process. B) Street sweeping must be performed, at least once per week, throughout the construction process, or more frequently as directed by the Town Planner or in the absence of a Town Planner, the Community Development Director. C) The developer agrees that the normal working hours for construction of Boston Ski Hill will be from 7:00 a.m. to 7:00 p.m. Construction outside of these hours can only be permitted by a majority vote from the Planning Board to do so. Construction shall be limited to weekdays, Monday through Friday, during the above hours. Construction may occur on Saturday during the hours of 9 a.m. to 5 p.m. to facilitate a shorter construction period. D) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning. Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. E) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. Boston Hill Special Permit Approval 4 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY PHASE OF THE PROJECT. A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The roadways for the applicable phase must be constructed to at least binder coat of pavement to properly access the buildings in question. For the applicable phase, retaining walls shall be constructed and earth slopes shall be stabilized. Prior to construction of the binder coat, the developer shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed for the applicable phase. The developer must submit to the Town Planner and the Town's Outside Engineering Consultant an interim as -built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet for the applicable phase. D) The developer must comply with the Growth Management Bylaw, Section 8.7 of the Town of North Andover Zoning Bylaw: provided, that the Planning Board finds that the developer qualifies for the exemption to the Growth Management Bylaw set forth in Section 8.7.6.d so long as the Master Deed references the below and incorporates Special Conditions 4(G), 4(H) and 4(I) and is recorded prior to the issuance of any certificate of occupancy. E) An as -built plan must be submitted to the Division of Public Works for review and approval prior ,to acceptance of the sewer appurtenances for use. F) The developer is required to pay sewer mitigation fees at the Department of Public Works. The fees paid shall be based on the number of bedrooms for which the building permit is sought. Proof of payment must be supplied to the Planning Department. G) Age Restriction and Age Restriction Deed Conditions: i) The units at the Project are intended for the housing of persons 55 years of age or older. These conditions are intended (a) to be consistent with the exemption under the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and Massachusetts General Laws chapter 151B, section 4 (the "Housing Laws") and (b) to qualify the Project for the exemption to the Growth Management provision of the North Andover Zoning Bylaw set forth in section 8.7.6(d). ii) All occupied units at the Project shall be occupied by at least one person who is age 55 or older (the "Qualified Occupant"); provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to permit the transfer of the unit to another Qualified Occupant(s) so long as the provisions of the Housing Laws are not violated by such occupancy. Children under the age of 18 may not reside in a unit for more than six months during any nine month period. iii) The age restriction described in the above shall be (a) included in a properly executed and recorded deed restriction running in perpetuity with the land and (b) incorporated into the Condominium Documents. The Condominium Documents shall also include additional rules and exceptions to the age restriction described above and shall be consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any building permit, the age restriction provisions in the Condominium Documents and the deed restriction shall be reviewed and approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty (30) days after submission. The age Boston Hill Special Permit Approval 5 restriction and Condominium Documents shall be recorded at the North Essex Registry of Deeds prior to the issuance of any certificate of occupancy. H) Maintenance Obligations The Project Owner shall: i) maintain and repair of the trail system and signage on the Locus and the accessory visitor parking and signage thereto shown on the Plans. Said maintenance and repairs shall include any clearing, trimming or other upkeep normally associated with passive recreation hiking trails: ii) maintain, repair and plow the private road on the Locus shown on the Plans. iii) at all times be responsible for trash removal at the Project. The Town of North Andover, as a condition of this approval, shall not at any time, be responsible for trash removal at the project site. iv) maintain and repair the drainage and detention structures on the Locus shown on the Plans; provided, however, that in the event of an emergency to which the Project Owner, Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond, the Town of North Andover, by its designee, may enter the Locus and undertake necessary maintenance or repairs to these structures and may charge back its reasonable costs and expenses to the Project Owner, Board of Trustees or organization of Unit Owners of the Boston Hill Condominium as the case be may be; and v) maintain and repair the water booster pump structures and system on the Locus shown on the Plans; provided, however, that in the event of an emergency to which the Project Owner, Board of Trustees or organization of Unit Owners of the Boston Hill Condominium fails to respond, the Town of North Andover, by its designee, may enter the Locus and undertake necessary maintenance or repairs to these structures or system and may charge back its reasonable costs and expenses to the Project Owner, Board of Trustees or organization of Unit Owners of the Boston Hill Condominium as the case be may be. vi) Special Condition 4(H) (i -v) shall be incorporated into the Condominium Documents and shall run in perpetuity. It is intended that the Town of North Andover shall not become responsible for the maintenance, repairs or other obligations set forth in Special Condition 4(H)(i-v)(Maintenance Obligation) at any time. vii) Should the Project Owner transfer the project, the seller and the buyer shall meet with the Planning Board to update the Board on the status of the project, and provide the Planning Board and Planning Department with written notification of the transfer. viii The Project Owner shall in consultation with the North Andover Department of Public Works, establish an amount to be included in the performance bond to cover the cost of one year of prospective maintenance for items iv and v above. This amount must be retained at all times, in it's entire amount, by all current and future Project Owners and reviewed every two years, as a safeguard against failure of equipment and or structures noted in (H) (iv) and (H) (v )above. This condition must be written into the Condominium documents and noted as a condition of approval. I) Easement for Widening Route 114: In the event that Route 114 is widened by the Commonwealth, the applicant/owner shall convey to The Town of North Andover or its designee an easement on the Locus up to ten feet wide running along the south side of Route 114 whose approximate Boston Hill Special Permit Approval 6 location is shown on Sheet 23 of 25 of the Plans. This condition shall be incorporated into the Condominium Documents. J) The Project Owner must schedule presentations in front of the Planning Board to obtain permission to proceed for each level of construction phasing as listed in the plans entitled "Construction Phasing & Erosion Control Specifications" prepared by Marchionda & Associates, consisting of sheets 1 through 10, dated December 10, 2001 and a booklet entitled "Construction Phasing & Erosion Control Specifications, Boston Hill" prepared by Marchionda & Associates dated December 4, 2001 and revised April 12, 2002 (collectively, the "Erosion Control Plans"). No building permits may be issued for any subsequent phase until the Project Owner notifies the Planning Board that the prior phase has been substantially completed, presents supporting information to the Planning Board and the Planning Board confirms in writing that the prior phase has been substantially completed in accordance with the Erosion Control Plans (regardless of whether or not building permits are required for any phase). The term "substantially completed" means substantial completion and stabilization of the cut and fill slopes within the specific phase in question and does not mean the completion of buildings or pulling of building permits within any particular phase. As listed in the above-mentioned document, building permits coincide with each phase as noted below: Phase 1— No building permits associated with this phase. Phase 2 — Building Permits for Buildings 1, 2, 3, 4, 5 & 7. Phase 3 - Building Permits for Buildings 12, 13, 14, 15 & 16. Phase 4 — Building Permits for Buildings 6, 8, 9, 10, 11, 17, 18, 19, & 20. Phase 5 — No building permits associated with this phase. K) The developer shall utilize the below listed materials for the construction of the building units, as presented to the Planning Board. Prior to the start of construction the developer shall present to the Planning Board the actual material to be used in the construction of the building units. The Planning Board acknowledges that all manufacturers are listed to represent a quality standard only, equal products may be approved by the project architect. i) Wood Grained Vinyl Siding Wolverine Vinyl Siding - Restoration Collection - siding ii) Wood Grained Vinyl Siding Wolverine Vinyl Siding - Restoration Collection - Accents - shakes, half -rounds iii) Wood Grained Vinyl Siding Wolverine Vinyl Siding - Restoration Collection - corner systems, window and door surrounds and crown molding iv) Wood Grained Vinyl Siding Wolverine Vinyl Siding - Millenium Collection - siding v) Solid PVC Trim - Southeastern Millwork Co., Inc. - Boards, molding and sheet stock vi) 30 year Asphalt Roof Shingles - Timberline vii) 30 Year Fiberglass Roof Shingle - Bird Incorporated L) Retaining walls shall be designed and stamped by a structural engineer registered in the state of Massachusetts. Stamped plans and calculations shall be submitted to the Planning Department and Building Inspector prior to construction. The submittal of plans is for informational purposes to the Planning Department only, the applicant must apply for and receive a building permit to construct the retaining walls. M)The developer must secure any necessary variances for the height of the proposed townhouses from the Zoning Board of Appeals. The developer shall inform the Planning Department/Planning Board of the final decision of the Zoning Enforcement Officer/ZBA, and provide revised plans as needed. Should the Zoning Enforcement Officer/ZBA require changes to the plans the developer Boston Hill Special Permit Approval 7 must come back to the Planning Board with the changes prior to start of construction in accordance with the procedure set forth in General Condition 7(k). N) Depictions of signage or other installations on the approved plans may be subject to other restrictions or ordinances of the Town of North Andover. This approval shall not be interpreted as compliance with these additional requirements. All relevant additional permits must be obtained by the developer prior to construction. 5) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The Project Owner must submit a letter from the architect and engineer of the project stating that the applicable phase of the building, signs, landscaping, lighting and site layout substantially comply with this decision as endorsed by the Planning Board. B) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. C) All lighting shall be built in accordance with the approved plans. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 6) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS except the Slope Stabilization Bond: A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Town's Outside Engineering Consultant. C) The parking spaces for access to the Open Space Parcel and signage indicating what the parking is to be utilized for must be constructed as shown on the plans referenced at the end of this decision. D) The North Andover Trails Committee is allowed entrance onto the property for the purposes of flagging the hiking trail to connect from the parking spaces at the entrance of Road A to the off- site trail adjacent to the southeast corner of the property. The developer agrees to cut the brush within the area of the flagged trail performed by the North Andover Trails Committee for purposes of utilization of the trail for hiking purposes. Boston Hill Special Permit Approval 8 7) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within two years from the date of planting shall be replaced by the project owner. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs outside of the no -cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. C) Should the Project Owner transfer the project, the SELLER AND the buyer shall meet with the Planning Board to update the Board on the status of the project, and provide the Planning Board and Planning Department with written notification of the transfer. D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. F) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. G) No underground fuel storage shall be installed except as may be allowed by Town Regulations. H) All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. The developer shall offer to perform a pre -construction video survey to any structure within 1000' of the proposed site to determine the pre -construction foundation and wall conditions of such structure. Such survey shall be in accordance with requirements typical to pre -blast survey and the contractor shall engage a professional firm that is experienced in such surveys. The written and video results of the survey shall be made available to the owner of the homes that have been surveyed, upon request. I) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. J) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to review by the Planning Board as provided in General Condition 7(k) below. K) Any revisions shall be submitted to the Community Development Director for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. L) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant of this special permit, exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this phased development, the developer shall be deemed to have undertaken substantial use or construction if the developer has completed Phase 1 and commenced Phase 2. Moreover, any delay arising from the need to obtain a height variance, earth removal permit or any other permits and the time required to pursue or await determination of any appeals shall constitute good cause. M) The following information shall be deemed part of the decision: i) A set of plans entitled 'Boston Hill, An Age Restricted Community, Located in North Andover"; prepared for Mesiti Development Group, 100 Boston Hill Special Permit Approval 9 Andover By -Pass, North Andover, MA 01845; prepared by Marchionda & Associates, L.P., 62 Montvale Avenue, Stoneham, MA 02180, consisting of sheets I through 25, dated June 20, 2001 and revised as of January 31, 2002 and sheets L1 through L4 prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810, dated April 17, 2002. ii) A set of plans entitled "Boston Hill Construction Phasing and Erosion Control Plans"; prepared for Mesiti Development Group, 100 Andover By-Pass,North Andover, MA 01845; prepared by Marchionda & Associates, L.P., 62 Montvale Avenue, Stoneham, MA 02180, consisting of sheets 1 through 10, dated December 10, 2001, revised April 12, 2002 iii) A booklet entitled "Construction Phasing & Erosion Control Specifications, Boston Hill"; prepared by Marchionda & Associates, L.P., 62 Montvale Avenue, Stoneham, MA 02180, dated December 4, 2001 and revised April 10, 2002. iv) A traffic study prepared by DJK Associates entitled "Traffic Impact & Access Study, Proposed Residential Development Project, Route 114, North Andover, Massachusetts" dated june 2001, revised September 2001. V) Drainage calculations entitled "Hydrological Analysis for Boston Hill in North Andover, Massachusetts"; prepared by Marchionda & Associates, L.P. ;dated December 1, 1999 and revised as of December 14, 2001. vi) "Supplemental Calculations, Boston Hill in North Andover, Massachusetts"; prepared for Mesiti Development Group; prepared by Marchionda & Associates, L.P., 62 Montvale Avenue - Suite 1, Stoneham, MA 02180, dated January 28, 2002. vii) Boston Hill Townhomes, North Andover Massachusetts. Dated April 2, 2001. viii) Elevations Uphill Buildings, Boston Hill Townhomes, North Andover Massachusetts. Dated April 2, 2001 ix) Elevations Downhill Buildings, Boston Hill A 92 Montvale Avenue, Suite 2400 Stoneham MA 02180, including the following: Artist's Concept, Townhomes, North Andover Massachusetts. Dated April 2, 2001 Color and Detail Variations for the Front Elevations of the Typical Downhill Building, Dated January 8, 2002 X) Rendered Masterplan entitled "Boston Hill in North Andover Massachusetts" Prepared by Huntress Associates, Inc. cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File Boston Hill Special Permit Approval 10 CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 724-12 on 4/12/12 & 630-12 on 3/5/2012 Date: August 14, 2013 THIS CERTIFIES THAT THE BUILDING LOCATED ON 1275 Turnpike Street MAY BE OCCUPIED AS Brightview Senior Living —133 Units IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Brightview North Andover LLC c/o Shelter Development 218 North Charles Street Suite 220 Baltimore, MD 21201 Bui ding Inspector Fee: PrePaid Receipt: 26731 Check: 489 APPLICATION FOR CERTIFICATE OF OCCUPANCYANSPECTION BUILDING PERMIT # % 2 ADDRESS/LOCATION OF PROPERTY: l Z� S v�'" ��� -f �{-�— , �j 4,1., fA Map L6 7 Parcel lLk 1 Lot Number. SUBDIVISION: DATE REQUESTED FILED/READY FOR INSPECTION: 0 a f � 2-113 CLOSING DATE ON PROPERTY: FIVE (5_) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLICANT SIGNATURE Permit Issued to: `�` �"�' N'9�` � LLL Address: (2?5- OAJD,-),� o /,tG TOWN ENGINEER, CONSERVATION PLANNING ROUTING SITE PLAN — DRIVE -WAY REVIEW P DPW -WATER METER SEWER CONNECTION DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST DPW SIGNATURE File: Application for OC form revised Jan 2007/2011 7 August 12, 2013 North Andover Planning Board 1600 Osgood Street North Andover, MA 01845 Attn: Judy Tymon, Planning RE: Brightview North Andover Dear Board Members: As the design and permitting engineers for Brightview North Andover, Marchionda & Associates has been working with Shelter Development and ProCon, Inc. on the construction of the Brightview North Andover, CCRC at the base of Boston Hill. We have been providing construction surveying, environmental & construction monitoring services and conducting as -built surveys of the improvements in regards the Planning Board Special Permit and the Order of Condition issued by the North Andover Conservation Commission. We are currently in the process of preparing the final as -built survey which we expect to be submitted to the Board within the next few weeks. Based upon the surveys completed to date and our constant participation in the project construction we hereby certify that the improvements are being built in substantial conformance with the approved plans. Please do not hesitate to call if there are any questions. ociates, LP, Paul A. Marchionda, {E President cc: Shelter Development ProCon, Inc. ' PAUL4 ' MARCHiONDA CML KM 30315 62 Montvale Avenue Tel: (781) 438-6121 Stoneham, MA 02180 Fax: (781) 438-9654 website: http://www.marchionda.com Email: mail@marchionda.com . ... .. .. .. JAN. 2013 10 : 34AM Final Construction Control Document To be submitted at completion of construction by a Registered Design Professional for work per the 8" edition of the Massachusetts State Building Code, 780 CMR, Scction 107 Project Title: Brightview North Andover Date: Property Address: 1275 Turnpike Street North Andover, MA Project: Check one or both as applicable: ® New construction No, 1478 P 2 Permit No. 724 U Existing Construction Project description: Four story, combustible/ non-combustible residential building. Assisted iving z eimer s wing is non-combustible I ype 2A const.ruclion. is comousimie sections are separated by a.2 -hour tire wall. I he building is Tully sprinKlered. ._.The_buildina inCludes commercial kitchen and laundry facilities, as well as d'nina rooms T activity rnoms, and other amenity snares for residents. 1 _F_ r. I k A. A anP-%Sy t� MA Registration Number; 30 69 (e) Expiration date: g � � (" 1 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and speoifiostions concerning: [h Architectural [ ] Structural [ ] Mechanical [ ] Fire Protection [ ] Electrical [ ] Other: for the above named project. 1, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis. To the best of my knowledge, information, and belief the work proceeded In aeoordanoe with the requirements of 780 CMR and the design documents approved as part of the building permit and that I or my designee: 1. Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress atld quality of the work and to determine If the work was performed In a manner consistent with the construction documents and this code, Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107 Enter in the space to the right a `°wet" or electronic signature and seal: Phone number: 603-623-8811 Email: Building Official Use Only Building Official Name: Permit No.: Dere: Version 06_f1 2013 NH. CJF MAISS��� MAO, 2013 10,34AM ! Noy ry Rl,� 7r ��SSA,10 Gerald A. Brown Inspector of Buildings TOWN OF NORTH ANDOVER OFFICE OF BUILDING DEPARTMENT 400 Osgood Street North Andover, Massachusetts 01845 No. 1478 P. 1 T14ephom (978) 688-9545 Fax (978) 688.9542 AFFIDAVIT FOR FINAL COST OF CONSTRUCTION In accordance with the previsions o the Massachusetts State Building Code, Article 1, Section It 0.4 and 114.2, the total estimated cost of the construction including all related construction costs* of the building located a 0 t 2-7--,'%C:r� amounts to 1, 0l r ''l being the person referred to as the owner identified below, do solemnly swear that the statements made herein are str€ctly true and correct and made in good faith. *Related construction casts included all work done with or concuui•entlywith the work contemlrlate by the Building Permit including demolition, plumbing, heating, electrical, air a /ditie in ,pa1'ncarpentry, landscaping, site i�riproveinent, etc. Furnishings and portable e na part the tot -11 construction costs. COMMONWEALTH OF MASSACHUSETTS I, G s.s.�A V&Lj —20j!-_ . U When personally appeared the able named Alao D. See Made an oath that the above statement is true, TAMMY LEE CROTEAU * Notary Public Beib Commonwealth of Massachuselts My ca nra•aission Expires 21, 2016 Notary Public OFFICIAL USE: Final Cost: Original Estimate cost of general work: Cost Difference: Additional Fee Required: TO AMEND EEE UNDER PERMIT NO.: _... _ _ .............1,. . _+7' in,heutionai !cervices gepbritnent 2005 6731 F: 1A i ilensl;ifrid uvi(fa rm ffirkl ca", KnJprx4atrn retakes 11 a Imrtt s'cf/err j t 13cf%ure buTing, rentiq, kashig Aleck .onflig II ` Itr?AltD(A"u)[ni'v,.561{Nq^•ll 06yV1t4;1RON631- 9.10 IIIi,�t,JTIo $•'I.II? Nl.;1NN11,J0a,fQ•ui,i5 July 31, 2013 DESIGN DAY MECHANICALS INC The Commonwealth Of Massachusetts State Building Code Final HVAC Construction Control Affidavit Project: Brightview Living Center 1275 Turnpike Street North Andover, Massachusetts Engineer. David E. Goddard, P.E. Design Day Mechanicals, Inc. 1 Mapleteaf Drive, Nashua, NH 03062 In accordance with Section 116.0 of the Massachusetts State Building Code, 1, David E. Goddard Registration No. 31095, being a registered Professional Engineer, hereby certify that Andrew W. Arsenault, my assigned representative from Design Day Mechanicals, Inc. (DDMI) has been present on the construction site to determine that the work is proceeding in accordance with the documents approved for the Building Permit, as required in Section 116.2.2, item 3 as outlined below. . July 31, 2013 - Observed installation of equipment and grillestdiffusers in A, B and C wings. Final installations are either complete or are proceeding; subject to finish painting and.final wiring of equipment, as shown on the pertinent a oved ODMI drawings. Testing and balancing is proceeding where power is availab t>>+OF,_ , Respectfully submitted, David E. Goddard, P.E. Pre Professional Engineer #31095 meals, Inc. David E. Goddord, P.E . 1 Mopletsof Drive, Nmhuo. t4H 03052 . (60.3188&1632 . dovidegoddard alive.com Dougtos C. Woitt . P.O. Box 447, Neve Ipswich. NH 03071 . (603) 291-0111 . dougwoitt a comcost.net Richard D. Gagnon . 84 Glfiord Street, Monchester, NH 03102 • (603) 668-5027 . rdgjhg4comcost,net .john E. Waitt 148 Beover -Ridge Rood. Censer Bemsteod, NH 03225 . (603) 269-7253 • j;wdd4 tds.net A& N Final Construction Control Document lk To be submitted at completion of construction by a Registered Design Professional for work per the 7' edition of the Massachusetts State Building Code, 780 CMR, Section 107 Project Title: Brightview Assisted Living Date:7/31/13 Permit No. Property Address: 1275 Turnpike Turnpike Street, North Andover, MA Project: Check (x) one or both as applicable: X New construction Existing Construction Project description: New Assited Living Facility I Domenic A. Ciolino MA Registration Number: 41630 Expiration date: 6-30-2014 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Architectural Structural Mechanical X Fire Protection Electrical Other: Describe .for the above named project. I, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis. To the best of my knowledge, information, and belief the work proceeded in accordance with the requirements of 780 CMR and the design documents approved as part of the building permit and that I or my designee: 1. Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 1, Section 116, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work was performed in a manner consistent with the construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the prov' ' 116.3. DOMENICA. � Enter in the space to the right a "wet" or o CIOLINO -� electronic signature and seal: _ u FIRENQ O16 0 ECTION z Vol e Is -r NG��``�t . CONAL E Phone number: 603-948-0634 Email: vesLafpe@gmail.com Building Official Use Only Building Official Name: Permit No.: Date: Version 06 11 2013 FINAL AFFIDAVIT ❑ HVAC Q Plumbing ❑ Electrical ❑ Fire Protection The undersigned, being duly sworn, deposed and says: I have made regular and periodic site visits to observe the construction carried out at: Britview Section A) 1275 Turnpike Street North Andover, MA , under permit # All required approvals and material affidavits have been submitted; there are no outstanding violations of law or orders of the Building Department; and the said construction has been satisfactorily completed in all respects. in accordance with plans and specifications submitted for permit purposes, and with all applicable codes, rules and regulations of the Town of North Andover and the Commonwealth of Massachusetts (excepting those items, if any, listed on Exhibit A, which do not endanger the intended occupancy of the project, or which constitute deviations from the said plans and specifications). Therefore, I request that a certificate of occupancy be issued for the above address. 3v 13 Date Original Signature and Seal 20 IS , before me, the undersigned notary public, On thisIDA day of personally appeared ItJOo& , proved to me through satisfactory evidence of identification, which were state ID, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it '199111" voluntarily for its stated purpose. As an Employee for Allied Consulting Engineering Services, Inc. :,� C.Q Ap t. 713C)N ate My commission Project Title Final Construction Control Document To be submitted at completion of construction by a Registered Design Professional for work per the 8h edition of the Massachusetts State Building Code, 780 CMR, Section 107.6.4 Brightview Senior Living Ctr Date: 07/29/13 PerrmitNo. Property Address: 1275 Turnpike Street, North Andover MA Project: Check one or both as applicable: X New construction Existing Construction Project description: Entire Build I _Stephen B. Sager, P.E. Mn Registration Number: _ 38799 Expiration date: 06/30/14 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: [ ] Entire Project [ ] Architectural [ ] Fire Protection [X] Electrical [ ] Structural [ ] Other:_ [ ] Mechanical for the above named project. i certify that 1, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and that I or my designee: I . Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine was performed in a manner consistent with the construction documents and this code. M' o-. Enter in the space to the right a "wet" or electronic signature and seal: Phone number: 781-341-4770 •f t, Email: KSAGER@SBSAGER.COM Building Official Use Only Building Official Namc: __----_-_—i—_�--_-� Pennit No.: _ Date: _ Trial Version 10 09 2012 P pd�D c� AUG5 2010 August 5, 2010 IELM DEVELOPMENT BOARD OF APPEALS Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 REFERENCE: 1275 TURNPIKE STREET (BOSTON HILL PROPERTY) NORTH ANDOVER, MASSACHUSETTS Dear Zoning Board of Appeals Members: As you know, the Zoning Board of Appeals issued with respect to the above captioned property (i) a dimensional variance from Section 13.5.d.1 and Footnote 1 of Table 2 of the Zoning By -Law to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the front property line, within the Village Residential District, and (ii) a dimensional variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty-five (35) feet to forty-nine (49) feet, two (2) inches. The variances expire on September 8, 2010. In connection with Elm Development Services, L.L.C.'s development of the property as a Continuing Care Retirement Center (CCRC) the Planning Board issued a Site Plan Special Permit and a CCRC Special Permit on April 6, 2010 to allow the construction of a 125 -unit CCRC on the property. The Special Permits expire on April 6., 2012 unless substantial use or construction has commenced within that two year period or unless the Planning Board grants to the Applicant an extension. The variances granted are an integral part of the building and site design approved under the Specials Permits issued for the proposed CCRC and their expiration prior to the expiration of the Special Permits would have an adverse effect on the development of the property as a CCRC. We therefore respectfully request that the variances be extended to a date which coincides with the expiration date of the Special Permits. We look forward to hearing from you. Very truly yours, ELM PV P ' ENT SERVICES, L.L.C. Ernest A. Gralia, Ill cc: Judith M. Tymon, AICP, Town Planner Plannina Board ELM DEVELOPMENT SERViCEs, INC. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028 PHONE: 413-525-8344 FAx: 413-525-0313 Albert P. il4anzi 111, Psq. Chturmnn I?Ilcn P. McIntyre, I 'ice-Clitnrrann Richard 1. Byers, U.sq. Cle,k Joseph 1). LaGrasse Richard N1. Vaillancourt Associate Rlemberr lliomas D. Ippolito Daniel S. Braese, ISsq. Michael P. l ,iporto Town of North Andovejr ZONING BOARD OF APPEALS RECD LVED TOW! C' ERIK'S OFFICE Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 o irk Zsi�_ -,,— v Notice of Decision Year 2009 2009 SEP 22 Pfd 2: 35 NOR .k (]i':�irr� i, 1f0(1 MA SSAC,liUSF T 1 Town Qcrk Tinic Stamp Property at: 1275 Turnpike Street NAME: Elm Development Services, LLC HEARING(S): August 11 & September 8, 2009 Ernest A. Gralia, III ADDRESS: 1275 Turnpike Street (Map 107.A, PETITION: 2009-011 Parcel 149, 283 and 284), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 8, 2009 at 7:30 PM upon the application of Elm Development Services, LLC, 1275 Turnpike Street, (Map 107.A, Parcels 149, 283, 284), North Andover, MA. Applicant is requesting dimensional VARIANCE from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height and for a VARIANCE from Section 13.5.d. I and Footnote l of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the front property line, within the Village Residential District. Legal notices were sent to all names on the abutter's list and were published in the Eagle - Tribune, a newspaper of general circulation in the Town of North Andover, on July 27 & August 3, 2009. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Michael P. Liporto and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board voted to GRANT a dimensional Variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy- three (73) feet from the perimeter of the front property line, within the Village Residential District. Variance: Section 13.5.d.1 and Footnote l of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter Plan(s) Title: 1) Exhibit Plan "A" The Arbors at North Andover, by Marchionda & Associates, L.P., dated February 12, 2009; 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Architects, Received at. September 8, 2009 meeting; 3) "Setback Variance Plan", by Marchionda & Associates, L.P., dated July 16, 2009, containing ten (10) sheets. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Michael P. Li orto and Thomas Ippolito (5-0) Upon a motion by Richard J. Byers and 2nd by Richard M. Vaillancourt, the Board voted to GRANT a dimensional Variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty- five (35) feet to forty-nine (49) feet, two (2) inches: With the following condition(s): I. The attic level shall not be used for living purposes and shall remain uninhabitable. Pagel of 2 The Board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the Village Residential zoning district, a literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise, to the petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings, 3. If the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. 1 � l�G'1C/ / �/� ,V•F�/ �L4� p North Andover Zoriing'Boarof Appeals Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Associate Member Thomas Ippolito Decision 2009-011 Page 2 of 2 Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height FVariance: 1) "Setback Variance Plan", by Marchionda & Associates, L.P., dated July 16, 2009, containing ten (10) sheets. 2) Exhibit Plan "A" The Arbors at North Andover, by Marchionda & Associates, L.P., dated February 12, 2009; 3) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Architects, Received at September 8, 2009 meeting; Voting in favor: Richard J. Byers, Richard M. VaillancouM Michael P. Liporto and Thomas,, Ippolito 4-1) Votin in the Negative: Ellen P. McIntyre The Board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the Village Residential zoning district, a literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise, to the petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings, 3. If the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. 1 � l�G'1C/ / �/� ,V•F�/ �L4� p North Andover Zoriing'Boarof Appeals Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Associate Member Thomas Ippolito Decision 2009-011 Page 2 of 2 Town of North Andover Office of the Conservation Department O F Community Development and Services Division * t 400 Osgood Street �9SSACHUSE��y North Andover, Massachusetts 01845 Pamela A. Merrill Telephone (978) 688-9530 Conservation Associate Fax (978) 688-9542 March 8, 2005 75 � e, Mr. Edward Callan, Project Coordinator w1/07A Mesiti Development Corporation 100 Andover By -Pass, Suite 300 North Andover, MA 01845. VIA CERTIFIED MAIL # 70031010000107817754 RE: ENFORCEMENT ORDER- Boston Hill, North Andover, MA 01845 (DEP File #242-1099) Dear Mr. Callan: On January 27, 2005, the North Andover Conservation Commission (NACC) received Mesiti Development Corporations request for a one-year extension associated with the above - referenced site. The NACC acknowledges that the written request was submitted at least thirty (30) days prior to the expiration date of the Order of Conditions (OOC), in accordance with the requirements set forth under the North Andover Wetlands Protection Regulations'. The project's OOC expired on March 6, 2005. _ As part of the review process for an extension, the wetland boundary must be re-established in the field, and subsequently verified by Conservation Staff. Due to the abundance of snow cover, this Department has not been able to meet with your wetland scientist, Mark West, West Environmental, Inc., to review the wetland'boundaries related to this project. Therefore, the public meeting is still open and the extension permit has not been granted by the NACC. As such, the attached Enforcement Order is being issued to Mesiti Development Corporation as a mechanism to ensure compliance with the project's OOC until the one-year extension has been granted. This Enforcement Order will be null and void once an extension has been issued. Please be aware that this Enforcement Order does not assume compliance, or the issuance of a one-year extension. The NACC still reserves to the right to deny the extension request, or require the reopening of a public hearing if the wetland delineation has changed from the original submittal2. 1 North Andover Wetlands Protection Regulations (11-10-98 REV 9-10-03), §8.3 Extension Permits D Q 2�*ojh. dover Wetlands Protection Regulations (11-10-98 REV 9-10-03), §8.3 Extension Permits MAR - ILUU� APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 onAon nrr APPFAI S Should you have any questions or comments regarding this Enforcement Order, please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION COMMISSION Pamela A. Merrill Conservation Associate Cc: Department of Environmental Protection, NERO, Wetlands Division West Environmental, Inc. Heidi Griffin, Community Development Director Lincoln Daley, Town Planner Zoning Board of Appeals Robert Nicetta, Building Commissioner Michael McGuire, Building Inspector NACC This Enforcement Order is being issued as a mechanism to ensure compliance with project's Order of Conditions until a one-year extenstion is granted by the North Andover Conservation Commission (NACC). The OOC expired on March 6, 2005. The NACC received the extension request on January 27, 2005, in compliance with the 30 day minimum requirement outlined in the North Andover Wetlands Protection Regulations. Due to current snow cover, this deparment has not been able to review the wetland boundaries related to this project. This Enforcement Order does not assume compliance, or the issuance of a one-year extension. The NACC still reserves the right to deny the extension request. Please refer to the attached letter dated, March 8, 2005, prepared by the North Andover Conservation Department for additional information. wpaform9a.doc • rev. 12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ' WPA Form 9A - Enforcement Order 242-1099 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover Conservation Commission 02-08-2005 computer, use Conservation commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Mesiti Development Corporation return key. Name of Violator 100 Andover By -Pass, Suite 300, North Andover, MA 01845 Address 1. Location of Violation: Property Owner (if different) Off Route 114, Turnpike Street (Boston Hill) Street Address North Andover 01845 Cityrrown Zip Code Map 107A & 107C Lots 148; 149; & 10 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: This Enforcement Order is being issued as a mechanism to ensure compliance with project's Order of Conditions until a one-year extenstion is granted by the North Andover Conservation Commission (NACC). The OOC expired on March 6, 2005. The NACC received the extension request on January 27, 2005, in compliance with the 30 day minimum requirement outlined in the North Andover Wetlands Protection Regulations. Due to current snow cover, this deparment has not been able to review the wetland boundaries related to this project. This Enforcement Order does not assume compliance, or the issuance of a one-year extension. The NACC still reserves the right to deny the extension request. Please refer to the attached letter dated, March 8, 2005, prepared by the North Andover Conservation Department for additional information. wpaform9a.doc • rev. 12/15/00 Page 1 of 3 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order 242-1099 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Mesiti Development 2-8-2005 Name . Dated 242-1099 File Number Condition number(s) B. Findings (cont.) ® Other (specify): Please refer to the attached letter, dated March 8; 2005, prepared by the North Andover Conservation Department for additional information. C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: wpaform9a.doc • rev. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1099 Provided by DEP Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay, Conservation Administrator, or Pamela Merrill, Conservation Associate Name 978.688.9530 Phone Number 8:30 am - 4:30 pm, Monday through Friday Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signature of delivery person or certffied mail number wpafonn9a.doc -rev. 12/15= Page 3 of 3 Boston Ski Hill/Mesiti Development Corp. Map 107A & 107C, Parcels 149 & 10 Site Plan Review Special Permit— Modification September. 17, 2008 Conditions After a public hearing given on September 17, 2008, the Planning Board voted unanimously to Approve the Modifications to the Site Plan Review Special Permit for the premises affected, with the following conditions: L Modification of Phase 1 & 2 to eliminate the demolition of the retaining walls, the pavement and the. removal of the guardrail from Phase .1 and add that work to the scope of Phase 2. All other items as shown on the Plan will be completed. 2. Completion of Phase 1 constitutes "substantial use and construction' as specified in the original decision in section 7L. 3. Reduction of Site Opening Bond/Erosion Control Bond from $20,000 to $5,000. 4. Defer the requirement to post. a Slope Stabilization Bond, per condition. 2C of original Decision dated May 15, 2007, to be made prior to the commencement of Phase 2. 5. Install erosion control barrier (silt fence and hay bale) as shown on plan entitled "Phase 1 Demolition Plan, Boston Hill in North Andover" prepared by Marchionda & Associates, L.P., dated 4/15/02 and revised 8/20/08. 6. Demolish existing lodge, out building and pump house. Retain slabs of buildings to be demolished and fill existing basement area to grade. Retain as much of the existing bituminous concrete parking area as possible. 7. Abandon existing underground utilities in place (do not excavate and remove). 8. Cut existing suction line pipe from snow making pond 6 inches below grade and leave remainder in place. -9. Remove elevated water discharge pipe by cutting it into manageable lengths without disruption to existing wetland vegetation. 10. Stabilize all disturbed areas with 4 inches loam and seed. 11. In accordance with Condition No. 2(A) of the Special Permit, for each of the five (5) phases of work described in the Specifications, prior to the commencement of work for each phase, a construction schedule shall be submitted to the Town Planner. The schedule shall include a timetable for substantial completion of that phase. (The term "substantial completion' refers to the definition in Condition No. 4(J) of the Special Permit.) No timetable for any one phase shall exceed 24 months; if work for the phase is not completed within the 24 month period, then the Special Permit shall deemed to have expired; provided, however, that reasonably prior to the end of any 24 -month period the permittee may seek from the Planning Board an extension of said 24 - month period for good cause. The following information shall be deemed part of this decision: Plan titled: Phase 1 Demolition Plan in No. Andover, MA Prepared for: Mesiti Development Group. 231 Sutton St., Suite 2F North Andover, Massachusetts 01845 Prepared by: Marchionda & Associates, L.P. 62 Montvale Ave. Stoneham, MA 02180 2 Boston Ski Hill/Mesiti Development Corp. 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U- CD 0CIS j (oil 17 m JQ y� 7kk J 0) rn v >mm m a O O Z G7 I� N 0 c) M N N LU o D a m F- m Im` a _ ZEN U 4 2 U H W Y U) O O 0) (0 CL http:/,� 772. 77 430r f essEX North, registry ffxT ',-.= j; aml--mm, wIm--al �Ialv vtw�IT;, It's. tvtzr, Zeu--W, t: C Z71 CS Z7i wl*w::m-&,-.A.,iAa d tz cat ZU V-114F.&A 76111. t �M d ft: Cat, CA— ip C& zr,. V.Sw �tm Id. d tc csr-. t M, 7 -In 'AhA-nF-Mp.n- t-Stiste mnlsi- pa Town of North Andover NORT„ Office of the Planning Department Community Development and Services Division * i - 27 Charles Street ° North Andover, Massachusetts 01845 Telephone (978) 688-9535 Fax (978) 688-9542 PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for Site Plan Review Special Permit under Section 8.3 & 10.31 of the North Andover Zoning Bylaw for the construction of 96 age restricted townhouse condominium units Applicant/Petitioner: Mesiti Development 231 Sutton Street North Andover, MA 61845 Address of Premises Affected Route 114, Turnpike Street, across from Johnson St r ,< Assessors Map and Lot: Ma 107A &107C Lots 149& 10 Public Hearing Date & Time Tuesday, May 7, 2002 7:30 p.m. ` r� Location of Public Hearing North Andover Public Works Garage at 384 Osgood Street, near the High School entrance Information Available A copy of the plan and application is on file in the Planning Board office at 27 Charles Street, North Andover, MA, and may be inspected Monday through Friday 8:30 a.m. to 4:30 n.m. Any person interested or wishing to be heard on the proposed plan should appear at the time and place designated above. John Simons, Chairman North Andover Planning Board Publish: Eagle Tribune Monday April 22, 2002 & April 29, 2002 BO ARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANINING 688-9535 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9535 Fax (978) 688_9542 TO: Town of North Andover Planning Department zz C- o 27 Charles Street on� North Andover, MA 01845' . nzmc' Phone: (978) 688-9535 J -0 .. r—.X> < Fax: (978) 688-9542 1<:o �, D � . N N Please be advised that I wish to withdraw my annl catiOR from the Planning Property located at: Board for . PROJECT: TOWN: NAME OF i SIGNED: PLANNING Boston Hill Condominituns-Site plan Special. Permit North Andover oo3- -V', 54- 'fact �neiWfp 231 Sutton Street, No Andover or IN r or Planning Board Agent) By my above signature I hereby agree to° the following: : "., �.ffi I . That the vote is with o nth prejudice. 2. That future submittals will require a new application.H" 3. That any new application will require a complete filing applicable fees under the current regulations. APR 17 2002 BOARD OF APPEALS BO;U?D OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HE.a1 TH 688-9540 PLANNING 688-9535 Town .of forth Andover NORTH Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845�7s� Telephone (978) 688-9535 Fait (978) 688-9542 PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Applicant/Petitioner: Address of Premises Affected Assessors Map and Lot: Public Hearing Date& Time Application for Site Plan Review Special Permit under Section 8.3 & 10.31 of the North Andover Zoning Bylaw for the construction of 96 age restricted townhouse condominium units Mesiti Development 231 Sutton Street North Andover, MA 01845 Route 114. Tumnike Ctrcc across from Johnson St Map 107A &107C Lots 149 & 10 Tuesday, May 7, 2002 7:30 p.m. Location of Public He79a.m.to4.30p.m. over Public Works Garage at 384 Osgood ar the High School entrance Information Available the plan and application is on file in the oard office at 27 Charles Street, North A, and may be inspected Monday through 0 a.m. to 4:30 p.m. Any person interested or wishing to be heard on the proposed plan should appear at the time and place designated above. John Simons, Chairman North Andover Planning Board Publish: Eagle Tribune Monday April 22, 2002 & April 29, 2002 BOARD OF .APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688,9540 PLANNING 688-9535 EXHIBIT A LIST OF ABUTTERS BOSTON HILL, TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS Property Plat No. Lot No. Address 107A 149 1275 Turnpike Street 107C 10 (Rte. 114) 107C 13 Chestnut Street 107C 15 (Weedenmiller Piece, 107C 32 Boston Hill Pasture, thru 40 Chas. W. Ward) 107C 68 Farnham Land (under 107A 31 Farm Animal Act 107A 6 Ch. 61A) 107A 40, 41, 42 107B 7 107C 11 (M.I.T. Radio Tower) 107A 43 Johnson Street at Turnpike Street 107A 148 Turnpike Street Assessed Owner and Address Boston Hill Ski Area, Inc. c/o Robert W. Dunn 18 Seery Street Malden, MA 02148 The Trustees of Reservation 572 Essex Street Beverly, MA 01915 c/o Benjamin Farnham 424 Farnum Street North Andover, MA 01845 John C. Farnham 426 Farnum St North Andover, MA 01845 Bernice A. Fink P.O. Box 363 North Andover, MA 01845 Boston Hill Ski Area, Inc. c/o Robert W. Dunn 18 Seery Street Malden, MA 02148 Town of North Andover Building Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, Ma 01845 Date: December 27, 2011 Alan Seigfried Brightview North Andover, LLC 218 North Charles Street, Suite 220 Baltimore, MD RE: 1275 Turnpike Road North Andover, MA Alan: Your permit application, dated December 22, 2011, to erect a 131 unit Retirement Facility at the above referenced address shall be approved and issued with the following conditions: 1) The receipt of Building Permit fees in the amount of $ 220,000.00. 2) The receipt of Sprinkler and Fire Alarm design documents, by the North Andover Fire Department and their subsequent approval. 3) The receipt of sign off from the North Andover Board of Health. 4) The receipt of Water and Sewer fees by the North Andover Water and Sewer Department of approximately $ 400,000.00 and their subsequent sign off. 5) Sign off of Planning Board conditions 6) Sign off of Conservation Board conditions If you need any further information please contact me at 978.688.9545. Gerald Brown North Andover Inspector of Buildings CC: Pro Con, Inc.; PCIA August 25, 2010 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 THE c D i�jd&ff�i c AUG 2 s 2o1u� ISI BOARD OF APP 2- 3ddd j0 (]8VOG 101 9 Z REFERENCE: 1275 TURNPIKE STREET (BOSTON HILL PROPERTY) NORTH ANDOVER, MASSACHUSETTS Dear Zoning Board of Appeals Members: As you know, on September 8, 2009 the Zoning Board of Appeals issued the attached Notice of Decision granting certain variances with respect to the above -captioned property (the "Decision"). Note No. 3 of the Decision states "If the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing." Pursuant to the authority granted to them under M.G.L. ch. 40A, Section 10, on August 10, 2010 the Zoning Board of Appeals granted a six-month extension of the variances to March 8, 2011. This will confirm that under newly enacted legislation, known as the "Permit Extension Act" (see attached), the variances have been extended by operation of law for a period of two (2) years from the expiration date of the six-month extension (i.e., to March 8, 2013). If you have any questions regarding this matter, please feel free to contact me. Very truly yours, THE GRALIA GROUP Esq. Encls. THE GRALIA GROUP 200 NORTH MAIN STREET EA6T LONGMEADOW, MA 01028 PHONE: 413-525-4585 FAX: 413-525-0313 WI 0) A it'll qqA:i(I SERA08 Alk -rt R 4ianzi IT], F,q. Chd awn 1•:11cn 1'. McIntyre, T S-e-Cbdrmorn lliclmrd J. Syew. HNq. Clerk Joseph D. I.aGnrsse Itichaal IV.1'aillancourt 1100aufeMMIM Thomas D. Ippolito Daniel S. limue, H.%+ ,ldichad A Liporto Town of North Andover ZONING BOARD OF APPEALS ,AO RT}r R Q iSyYs 6 NQ W °o9n w ��Ssgcrtus£i Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 Notice of Decision ,*Year 2009 RF_'CE1VED TOWN CI-FR►CS OFFICE 2009 SEP 22 PH 2.35 ) C3W t; Crr Np.ITH AINDLVL3R MASSACHUSETTS Tm,n Clcrk'fimc Stamp This Is to certify that twenty (20) days have elapsed from date of decision, filed without filing ofan app al. Date ©ea?3,'70,9Y. Joyce A. Bradshaw Town Clerk Property at: 1275 Turnpike Street NAME: Elm Development Services, LLC HEARING(S): August 11 & September 8, 2009 Ernest A. Gtalia, Ill 1) Exhibit PIan "A" The Arbors at North Andover, by Marchionda & ADDRESS: 1275 Turnpike Street (Map 107.A, PETITION: 2009-011 Parcel 149, 283 and 284), North 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Andover, MA 01845 Architects, Received at September 8, 2009 meeting, The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 8, 2009 at 7:30 PM upon the application of Elm Development Services, LLC, 1275 Turnpike Street, (Map 107.A, Parcels 149, 283, 284), North Andover, MA, Applicant is requesting dimensional VARIANCE from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height and for a VARIANCE from Section I3.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the fYont property line, within the Village Residential District. Legal notices were sent to all names on the abutter's list and were published in the Eagle - Tribune, a newspaper of general circulation in the Town of North Andover, on July 27 & August 3, 2009, The following voting members were present: Ellen P. McIntyre, Richard 1. Byers, Richard M. Vaillancourt, Michael P. Liporto and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2na by Thomas D. Ippolito, the Board voted to GRANT a dimensional Variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy- three (73) feet from the perimeter of the front property line, within the Village Residential District, Variance: Section 13.5.d.1 and Footnote I of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter Plan(s) Title: 1) Exhibit PIan "A" The Arbors at North Andover, by Marchionda & Assoeiates, L.1'., dated February 12,2009; 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori & Associates Architects, Received at September 8, 2009 meeting, 3) "Setback Variance Plan", by Marchionda & Associates, L.P., dated July 16, 2009, containing ten 10) sheets. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Michael P. Liporto and Thomas Ippolito 5-0 Upon a motion by Richard J. Byers and 2nd by Richard M. Vaillancourt, the Board voted to GRANT a dimensional VaHanee from Section 13.5.d.3 of the Zoning Bylaw for relief fiom the requirements -of buildting.height from thirty- five (35) feet to forty-nine (49) feet, two (2) inches: With the following condition(s): 1. The attic level shall not be used for living purposes and shall remain trn1nhalW1ft8%,T— . Alf° -ue Dopy av�re. Q k'3rr� Page 1 of 2 Tow I, Gle:tic _ — -- occuon t r.a.as ortne zoning Bylaw for relief from the requirements of building h -ght Plan(s) Title: 1) "Setback Variance Plan",by Ma, & Associates, L.P., dated July 16, 2009, containing ten (10) sheets, 2) Exhibit Plan "A" The Arbors at North Andover, by Marchionda & Associates, L.P., dated February 12, 2009; 3) "Conceptual Rendering: Assisted Porte Cochere', by Gori & Associates Architects, Received at September 8 ; 2009 meeting,. Voting in favor; Richard J. Byers, It ichard M. Vaiylancourt, Michael P. Liporto and Thomas I olito 41 Voting !n the Neeative: r: ti. v Ilia Board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or sbv^.tures b;atrot affecting generally the Village Residential zoning district, a literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise, to the petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose ofthe North Andover Zoning Bylaw. Notes: I. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Varlance(s) as requested by the applicant does not necessarily ensure the granting of a building perm it as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of it building permit as required by the Inspector of Buildings, 3. If the rights authorized by the Variance are not exercised within one (1) year of the date of the grant it shell lapse, and may be re-established only after 116ticc, and a new hearing. .v North Andover ZonineBoarri f Appeals Ellen P- McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M Vaillancourt Michael P. Liporto Associate Member Thomas Tppolito Decision 2009-011 Page 2 of 2 Albert 11. %IAAA I IT, li.q. CUrvAnt FlIen 11. \lcinrya. 1 Ice-Ghahwdn Richard �. iii2t;,, H.q. (:l,k Itich:rrd NJ. V.111 genurr punier S. iirergc, I "-q. lnaynu ;funhrn 1hunYas D. liviAitu NitchadP. taluxuo Town of North Andover ZONING BOARD OF APPEALS °F4. °R7y 9 !C- z t 44 tai � ��SSACHUS ECFWn Tff�3��1. f tASSAC 81�Sc'i" i S lima Cluk 7 une Ntuni, Notice of Decision Year 2010 Propertyat: 1275 Turnpike Street North Andover, MA 01845 NAME: Elm Development Services, LLC. HEARING(S): Atygust 112009, September 8, 2009 Earnest A. Gralia III and August 10, 2010 ADDRESS i 1275 Turnpike Street, (Neap 107-A, PETI'T'ION: 2009-011 Parcel 149,283, and 284)North.Andover,.MA 01845 The North Andover Board of.Appeals held a public hearing at its regular meeting in the Town Hall,120.Main Street, North Andover, MA on Tuesday, August le 2010 at 7:30 PM upon the application of Elm Development Services, LLC,127S Turnpike Street, (Map 107.A, Parcel 149,283, and 284) North Andover, MA 01845 applicant is requesting a 1 time extension of the Variance granted by the North Andover Zoning Board Of Appeals on September 8, 2009 . The following- voting members were present: Ellen P. McIntyre, Richard J Byers,. Richard M. Vaillancourt and Daniel S. Braese. The following Associate members were preseht: Thomas D. Ippolito, and Michael P. Liporto. Thd Zoning Board ofAppeals voted to extend the Variance granted by the 2009-11 Decision at the regular August I &, 2010 meetingupdn a motion by Byers to approve the extension and second by Vaillancourt. Mass. Caen. L ch 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for aperiod not to exceed six months". Voting in favor: Ellen P. McIntyre, Richatd J Byers. Richard M. Vaillancourt Daniel S. Braese, Thomas D. Ippolito and Michael P. Liporto. I' �. North Andover Zoning lBoardUof Appeals Albert P. Manzi Ili, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. 'Vaillancourt Daniel S. Braese Decision 2009-011 Page 1 of I ...p- . ..- . Chapter 240 of the Acts of 2010 AN ACT RELATIVE TO ECONOMIC DEVELOPPYIENT REORGANIZATIOiN. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith a business -friendly environment that will stimulate job growth and improve the ease with which businesses can operate in the markets they serve, and to coordinate economic development activities funded by the conunonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate cruel House o authorily of the same as folloirs•: oresentatives in General Court assernblecl, and by the SECTION 1. To provide for a program of infrastructure development and improvements.. the sums set forth in section 213 for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds and approval thereof. SECTION 2B. 1100-7400.. For the recapitalization of the Massachusetts Growth Capital Corporation...................................................... $20,000,000. 6001-0817.. For the recapitalization of the grant program to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects tinder the Growth Districts Initiative established by the executive office of housing and economic development; provided, that the secretary of housing and economic development, in consultation with the secretary of the Massachusetts Department of Transportation, shall adopt, amend or continue regulations or guidelines regarding this program; provided ftu-ther, that annually not later than December 31, the secretary of housing and economic development shall issue a written report to the clerks of the senate and house of representatives, the chairs of senate and house committees on bonding, capital expenditures and state assets, the chairs of the joint conuuittee on transportation, the chairs of the joint committee on economic development and emerging technologies, the chairs of the joint committee on state administration and regulatory oversight and the chairs of the senate and house committees on ways and means, which shall include detailed descriptions of infrastructure improvement projects funded under this program and of all funds expended for this purpose, including, but not limited to, all information required for projects under section 25 of chapter 304 of the acts of 2008 .................................................. $50,000,000. 7007-1031.. For the recapitalization of the Massachusetts Technology Development Corporation; established in section 2 of chapter 40G of the General I.air-s....................................................... $5,000,000 SECTION 3. Section 16G of chapter 6A of the General Laws as is hereby amended by striking out., in lines 2 and 3, as appearing in the 2008 Official Edition, the %ords "a department" and inserting in place thereof the following words:- the klassachusetts office. SECTION d. Said section 16G of said chapter 6Ais hereby further arnerided by sinking out subsections (i) and (j) . as so appearing, and inserting in place thereof the follmving 2 subsections:- lrttp:!ilki w.mass.govile�gisllativsiseslaw101s1100210.htnn 8/16/2010 rar,c u•t uL IL SECTION 173. 'Notwithstanding any general or special law to the contrary, certain regulatory rova s la e Ifelieby extended as provided in this section. (a) For purposes of this section, the following words shall, unless the context clearly requites otherwise, have the following meanings: y "Approval" except as otherwise provided in subsection (b), any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit, or other approval or determination of rights from any Municipal, regional or state governmental entity, including any agency, department, commission, or other instrumentality of the municipal, regional or state goverrunental entity, concerning the use of development of real property, including certificates, licenses, certifications, determinations, exemptions, variances, waivers, building permits, or other approvals or determination of rights issued or made under chapter 21, chapter 21A excepting section 16, chapter 21D, sections 61 to 62H, inclusive, of chapter 30, chapters 30A, 40, 40A to 40C, inclusive, 40R. 41, 43D, section 21 of chapter 81. chapter 91, chapter 131. chapter 131A, chapter 143, sections 4 and 5 of chapter 249, or chapter 258. of the General Laws or chapter 665 of the acts of 1956, or any local by-law or ordinance. "Development", division of a parcel of land into 2 or more parcels, the construction, reconstruction. conversion, structural alteration, relocation or enlargement of a building or other structure or facility, of any grading, soil removal or relocation, excavation or landfill or any use or change in tate use of any building or other structure or land or extension of the use of land. "Tolling period", the period beginning August 15, 2005. and continuing through August 15, 2010. (b) (l) Notwithstanding any general or special law to the contrary, an approval in effect or existence during the tolling period shall be extended for a period of 2 ,years, in addition to the lawful term of the approval. (2) Nothing in this section shall be deemed to extend or purport to extend: (i) a permit or approval issued by the government of the United States or an agency or instrumentality of the government of the United States or to a permit or approval, of which the duration of effect or the date or terms of its expiration are specified or determined by or under law or regulation of the federal government or any of its agencies or instrumentalities; (ii) a comprehensive permit issued by a board of appeals under sections 20 to 23, inclusive, of chapter 40B of the General Laws; or; (iii) a permit, license, privilege or approval issues[ by the division of fisheries and wildlife Finder chapter 131 for hunting, Fishing or aquaculture. (3) Nothing in this section shall affect the ability of a municipal, regional or state governmental entity, including an agency, department, commission or other instrumentality of a municipal; regional or state governmental entity to revoke or modify a specific permit or approval or extension of a specific permit or approval under this section, when that specific permit or approval or the law or regulation under which the permit or approval was issued contains language allthorizin�g the modification or revocation of the peri -nit or approval. ( 1) In the event that an approval tolled under this section is based upon the connection to a sanitary sewer systcnl, the approvalls extension shall be contingent upon the availability of sufficient capacity, on the pari of the treatment Facility-, to accommodate the development whose approval has been extended. IFSUMCient CapaC1ty is not available, those permit holders whose approval-, have been extended shall have priority- with reward to the further allocation of gallonage over those approval http:!/�-N-«-Nv.mass.goti,/Iegis/laws,lseslatiyl0isl 100240.htm 8/16/2-010 . 1.5,. -1 . �. holders who have not received approval of a hookup prior to the effective date of this section. Priority regarding the distribution of further gallonage to a permit holder who has received the extension of an approval under this section shall be allocated in order of the granting of the original approval of the connection. (5) In the case when an owner or petitioner sells or otherwise transfers a property or project, in order for an approval to receive an extension, all commitments made by the original owner or petitioner under the terms of the permit must be upheld by the new owner or petitioner. If the new owner or petitioner does not meet or abide by those commitments then the approval shall not be extended under this section. (6) Nothing in this section shall be construed or implemented in such a way as to modify a requirement of law that is necessary- to retain federal delegation to, or assumption by, the commonwealth of the authority to implement a federal law or program. SECTION 174. Notwithstanding any general or special law to the contrary, for the clays of August 14, 2010 and August 15, 2010, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats; meals or a single item the price of which is in excess of $2,500. SECTION 175. Notwithstanding any general or special law to the contrary, for the days of August 14, 2010 and August 15, 2010, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property; as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 14, 2010 and August 15, 2010. An excise erroneously or improperly collected during the days of August 14; 2010 and August 15, 2010, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Lacus, gas, steam. electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500. SECTION 176. Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation. including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws. shall remain in effect for sales for the days of August 14, 20[0, and August 15.2010. SECTION 177. On or before December 31, 2010, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone; as well as new revenue raised from personal and corporate income taxes and other sources, pursuant to this act. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fiend the amoants under general and special laws governing the distribution of revenues under chapter 64H of the General Laws �.vhich would have been deposited in each fluid, without this act. SECTION 178. The commissioner of revenue shall issue instructions or forms or promulgate rules or MUllatlons, necessary for the Implementation of this act. SECTION 179. Eligible sales at retail of tangible personal property under sections 175 and 176 are restricted to those transactions occurring on August 14. 2010 and August 15, 2010. Transfer of http:`-www.mass. goN 'legis;'law 'seslaxv I M1100240.htm 8 16:2010 Senate, No. 2582 jSenate, Friday, July 30, 2010-- Report (in part) of the committee of conference on the disagreeing votes of the two branches, with reference to the House amendments to the Senate Bill relative to economic development reorganization (Senate, No. 2380) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4863 )] qe Cam anwealtb of AlallatbuOttl IN THE YEAR OF TWO THOUSAND AND TEN AN ACT RELATIVE TO ECONOMIC DEVELOPMENT REORGANIZATION. [Chereas, lnie deferred operation of this act would tend to defeat its purpose, nr-bich is to provide forthwith a business - friendly environment that will stimulate job growth and improve the ease Avith which businesses can operate in the inarkets they serve, and to coordinate economic development activities fended by the conuuonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, And by the anthority of'tltesame, as follows: I SECTION 1, To provide for a program of infrastructure development and improvements, the 2 sums set forth in section 2B for the several purposes and subject to the conditions specified in this act, 3 are hereby made available, subject to the laves regulating the disbursement of public fiords and approval 4 thereof. 2721 thereon issued under this section shall, notwithstanding any other provisions of this act, be general 2722 obligations of the commonwealth. 2723 SECTION 173. Notwithstanding any general or special laky to the contrary, certain regulatory 2724 approvals are hereby ex=tended as provided in this section. 2725 (a) For purposes of this section, the following words shall, unless the context clearly requires 2726 otherwise, have the following meanings: 2727 'Approval' except as otherwise provided in subsection (b), any permit, certificate, order, 2728 excluding enforcement orders, license, certification, determination, exemption, variance, waiver, 2729 building permit, or other approval or deternunation of rights from any municipal, regional or state 2730 governmental entity, including any agency, department, commission, or other instrumentality of the 2731 municipal, regional or state governmental entity, concerning the use or development of real property, 2732 including certificates, licenses; certifications, determinations, exemptions, variances, waivers, building 2733 permits, or other approvals or determination of rights issued or niade under chapter 21, chapter 21A 2734 excepting section 16, chapter 21D, sections 61 to 62H, inclusive, of chapter 30, chapters 30A, 40, 40A to 2735 40C, inclusive, 40R, 41, 43D, section 21 of chapter 81, chapter 91, chapter 131, chapter 131A, chapter 2736 143, sections 4 and 5 of chapter 249, or chapter 258, of the General Laws or chapter 665 of the acts of 2737 1956, or any local by-law or ordinance. 2738 "Development", division of a parcel of land into 2 or more parcels, the construction, 2739 reconstruction, conversion, structural alteration, relocation or enlargement of a building or other 2740 structure or facility, or any grading, soil removal or relocation; excavation or landfill or any use or 2741 change in the use of any building or other structure or land or extension of the use of land. 2742 "Tolling period", the period beginning August 15, 2008, and continuing through August 15, 2743 2010. 2744 (b) (1) Notwithstanding any general or special law to the contrary, an approval in effect or 2745 existence during the tolling period shall be extended for a period of 2 years, in addition to the lawful 2746 term of the approval. 2747 (2) Nothing in this section shall be deemed to extend or purport to extend: 2743 (i) a permit or approval issued by the government of the United States or an agency or 2749 instrumentality of the government of the United States or to a permit or approval, of which the 2750 duration of effect or the date or terms of its expiration are specified or determined by or under 2751 law or regulation of the federal government or any of its agencies or instrumentalities; 2752 (ii) a comprehensive permit issued by a board of appeals under sections 20 to 23, 275; inclusive, of chapter 40B of the General Laws; or; 2754 (iii) a pcnnit, license, privilege or approval issued by the division of fisheries and 2755 wildlife under chapter 131 for hunting, fishing or aquaculture. 2756 (3) Nothing um this section shall affect the ability of a municipal, regional or state governmental 2757 entity, including an agency, department, commission or other instrumentality of a municipal, regional or Dig state governmental entity to revoke or modify a specific permit or approval or extension of a specific 2759 permit or approval under this section, when that specific permit or approval or the law or regulation 2760 under which the permit or approval was issued contains language authorizing the modification or 2761 revocation of the permit or approval. 2762 (4) In the event that an approval tolled under this section is based upon the connection to a 2763 sanitary sewer system, the approval's extension shall be contingent upon the availability of sufficient 2764 capacity, on the part of the treatment facility, to accommodate the development whose approval has been 2765 extended. If sufficient capacity is not available, those permit holders whose approvals have been 2766 extended shalt have priority with regard to the further allocation of gallonage over those approval 2767 holders %vho have not received approval of a hookup prior to the et1ective date of this section. Priority 2768 regarding the distribution of fiurther gallonage to a permit holder who has received the extension of an Ll 2769 approval under this section shall be allocated in order of the granting of the original approval of the 2770 connection. 2771 (5) hi the case when an owner or petitioner sells or otherwise transfers a property or project, in 2772 order for an approval to receive an extension, all commitments made by the original owner or petitioner 2773 under the terms of the permit must be upheld by the new owner or petitioner. If the new owner or 2774 petitioner does not meet or abide by those commitments then the approval shall not be extended under 2775 this section. 2776 (6) Nothing in this section shall be construed or implemented in such a sway as to modify a 2777 requirement of law that is necessary to retain federal delegation to, or assumption by, the commonwealth 2778 of the authority to implement a federal law or program. 2779 SECTION 174. Notwithstanding any general or special law to the contrary, for the days of 2780 August 14, 2010 and August 15, 2010, an excise shall not be imposed upon nonbusiness sales at retail of 2781 tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes 2782 of this act, tangible personal property, shall not include telecommunications, tobacco products subject to 2783 the excise imposed by chapter 64C of the General Laws, gas; steam, electricity, motor vehicles, 2784 motorboats, meals or a single item the price of which is in excess of $2,500. 2785 SECTION 175. Notwithstanding any general or special law to the contrary, for the days of 2786 August 14, 2010 and August 15, 2010, a vendor shall not add to the sales price or collect from a 2787 nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 2788 of chapter 641-1 of the General Laws. The commissioner of revenue shall not require a vendor to collect 2789 and pay excise upon sales at retail of tangible personal property purchased on August 14, 2010 and 2790 August 15, 2010. An excise erroneously or improperly collected during the days of August 14, 2010 and 2791 August 15, 2010, shall be remitted to the department of revenue. This section shall not apply to the sale 2792 of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General 107A 34 107A 33 107C 12 107C 105 Turnpike Street at Johnson Street 1208 Turnpike Street Turnpike Street Turnpike Street 21 r John C. Farnham 426 Farnum Street North Andover, MA 01845 Milton C. & Eileen Allen 1208 Turnpike St North Andover, MA 01845 B&C Realty Trust'— �.J. Balsamo C.J. Carrell 1175 Turnpike Street North Andover, MA 01845 Raffaela Balsamo 1175 Turnpike Street - North Andover, MA 01845