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HomeMy WebLinkAboutMiscellaneous - 22 ASHLAND STREET 4/30/2018J- - N THE CUMMUNWL;9LIH UP MAS! i"(,HUNKI I Y Uttrce Use only DBPARTMENTOFPUBLICSAFM Permit No. BOARDOFFIREPREYE W0NRE M770N.S527CMR12:(10 JV- Occupancy &Fees CheckedPPLICATIONFOR PERMIT TO PERFORM ELECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date •� —�/ ' �� Town of North Andover The undersigned applies for a permit to perform the electrical work Location (Street & Number) / f — 6�2 Owner or Tenant AVr� Owner's Address below. To the Inspector of Wires: Is this permit in conjunction with a building permit: Yes 0 No ® (Check Appropriate Box) Purpose of Building 2S 2 e'rt c e- Utility Authorization No. Existing Service OU Amps �=�i'��Volts Overhead Underground No. of Meters New Service Gig Amps L (1 Volts Overhead Underground No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work /, Pt' Gi P No. of Lighting Outlets No. of Hot Tubs No. of Transformers Total r . KVA No. of Lighting Fixtures Swimming Pool Above Below Generators KVA ground El zround No. of Receptacle Outlets No. of Oil Burners No. of Emergency Lighting Battery Units No. of Switch Outlets No. of Gas Burners FIRE ALARMS No. of Zones No. of Ranges No. of Air Cond. Total Tons No. of Detection and No of Disposals No. of Heat Total Total Pumps Tons KW Initiating Devices No. of Sounding Devices No. of Dishwashers Space Area Heating KW No. of Self Contained Detection/Sounding Devices Local Municipal Other No. of Dryers Heating Devices KW � Connections No. of Water Heaters KW No. of No. of Signs Bailasis PNo. Hydro Massage Tubs No. of Motors Total HP r 4)THER Itn==CoraaW- Ran mtbthet *zmxrcdN CtalLaws IhawaaaratLiabt7dyhn=rePblxymixkgCmi>kteCoraaWcrtiabstar>tia ffWalat YES F-1 NO ID IhDestlbm2advalidp=fof0ne1o1heOfx YES n NO r IfjcutmedvdwdYFS,plemmdc& h Nxcfwva Wbydxckirlgthe INSURANCE v BOND OTHER ftweSpaafy) EonD& Esm*dvaluedecaicalWait $ WorkloSut h► specfionD*Ra*x" Ra>gtI Feral SigrW under'& Paralties afpajW.. FIRM NAME OWNER'S INSURANCE WAIVER, IamawaafAtheLi=wdoesttbeirtstr&uoo►erageoritsst teWma atasm4madbylvfasmdmdtsCerlaalLam andimtmy cnftpamiteppfi=mwai%csdw flat. i d (Please check one) Owner Agent ❑ S Telephone No. PERMIT FEE $ N2 2789 Date..Z.�./ �/ to 4 TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ........ 1�ee./ 11q4,11,11V ..... Z.- "', / ......................................... ........................ has permission to perform ..... ....... .... . . ...... .. ... ....... / .............................. wiring in the building of ...... Kj --� H.. -A - ............ .. ................................................... ... ..... A. JIJD..�!AP ..................... . No doveri-Mase at ...... ithU EdE' CAL INSPilc�OR Check 4 WHITE: Applicant CANARY: Building Dept. PINK: Treasurer PERIfff NO._�%.0 r Y r APPLICATION FOR PERMIT TO BUILD - NORTH ANDOVER, MASS. (//PAGE 1 MAP 4-40. LOT NO. 2 RECORD OF OWNERSHIP (DATE BOOK ;PAGE ZONE SUB DIV. LOT NO. FI- tOCATION - a4 Lip,i, G' J PURPOSE OF BUILDING O 1 I 't � rj r ' l` OWNER'S NAME A„ 1 domek IA + ►1�+ V�V NO. OF STORIES SIZE OWNER'S ADDRESS��V gg�ej f� A/L,f�l �l ,\F F` ��c BASEMENT OR SLAB ARCHITECT'S NAME - SIZE OF FLOOR TIMBERS IST 2ND 3RD 'BUILDER'S NAME -94 L►O tO 1` �� SPAN DISTANCE TO NEAREST BYUIL,D_ING DIMENSIONS OF SILLS DISTANCE FROM STREET "' POSTS DISTANCE FROM LOT LINES - SIDES REAR GIRDERS AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW SIZE OF FOOTING X IS BUILDING ADDITION MATERIAL OF CHIMNEY IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE SEE BOTH SIDES PAGE 1 FILL OUT SECTIONS 1 - 3 PAGE 2 FILL OUT SECTIONS 1 - 12 INSTRUCTIONS ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROVEDBY BUILDING INSPECTOR -"'DATE FILED / Z � •2+� � � M (�e�v 7�� 1 � s� SIGNATURE t# OWNER OR AUTHORIZE AGENT FEE ren ,'a U PERMIT GRANTED 19 X14 7 til a3d1 b OWNER TEL. ,-MTR. TEL. # X03 S CONTR. LIC. #IS! 3 PROPERTY INFORMATION LAND COST BLDG. COST EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD BOARD OF SELECTMEN BUILDING RECORD 1 OCCUPANCY 12 SINGLE FAMILY STORIES MULTI. FAMILY OFFICES APARTMENTS CONSTRUCTION 2 FOUNDATION 8 INTERIOR FINISH 3 1 2 13 PINE CONCRETE CONCRETE BL K. BRICK OR STONE HARDW D— PIERS PLASTER DRY WALL _ UNFIN. 3 BASEMENT AREA FULL FIN. B'M'TAREA _ 1/1 1/2 l/, FIN. ATTIC AREA N_O B M T HEAD ROOM FIRE PLACES MODERN KITCHEN _ _ 4 WALLS I 9 FLOORS CLAPBOARDS B _ 1 2 3 �_ _ —{I_ DROP SIDING WOOD SHINGLES CONCRETE EARTH ASPHALT SIDING ASBESTOS SIDING VERT. SIDING _ HARD"''D COMIACN ASPH. TILE STUCCO ON MASONRY STUCCO ON FRAME BRICK N MASONRY BRICK ON FRAME ATTIC STRS. & FLOOR _ CONC. OR CINDER BLK. WIRING STONE ON MASONRY STONE ON FRAME SUPERIOR I� POOR _ ADEQUATE NONE 5 ROOF 10 PLUMBING GABLE HIP BATH 13 FIX.) _ GAMBREL MANSARD TOILET RM. (2 FIX.) FLAT SHED WATER CLOSET _ ASPHALT SHINGLES LAVATORY _ WOOD SHINGES KITCHEN SINK SLATE NO PLUMBING _ TAR 8 GRAVEL STALL SHOWER _ ROLL ROOFING MODERN FIXTURES _ TILE FLOOR TILE DADO 6 FRAMING 11 HEATING WOOD JOIST PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER BMS. R COLS. STEAM STEEL BMS. & COLS. HOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING _ RADIANT H'T'G UNIT HEATERS 7 NO. OF ROOMS GAS OIL B'M'T 12nd I ELECTRIC 0- _ _ THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA- RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. 4 Ile 1st 3rd NO HEATING � r Location No. Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee $ '*Water Connection Fee $ k0TAL $ I I '. . Building Inspector Div. Public Works (603) 635.2035 FAX (603) 635-9024 ft" 54"a" P. O. BOX 87 PELHAM, NEW HAMPSHIRE 03076 i � ja/9Z A��a<�a s ail ��nldovcR. ?Czt�Ap t 10 O .• 1 OFFICES OF:. fir'' Town of R APPEALS NORTH ANDOVER Ss. M �te CONSERVATION DIVISION OF HEAL"I'H PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 120 Main Street North Andover, Mi1Ss:Wht1SC11S0184 i (6 17) 685-4775 In accordance with the provisions of MGL c 40, S 54, a condition of Building Permit Number XQ�¢ �?S�/�le�S j, is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S 150A. 71e debris will be disposed of in: (Location of Facility) Signature of Permit licant Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector. PROM : BAP-] Fest Control Noya,n,ber 4, 1992 Jay -Mor Wrecking P.O. Box. 83 Pelham, IAF, 03076 FAX *603 835--0-024 3: 31 P1111 P EYTERMI ATING - Fi-MIGATINC, - TERMITE CONTROL - SA.NITATIo-N' t�q�,l`a U!11tir is() WDOLESEk STREET LiT:VEL.. h1� 01851 (508) 41-A621 RE: 22-'24 Ashland Street N. Andover, MA To whom It may concern: This letter is to certify that BAIN Fest Control Service will perform Rodent Control Prior to Demolition or, Thursday, November 5, 9992 at the above referenced location. Sincerely, BAIN pest control service Jeffrey L. Bala, R.P.E. JL5/rb BRAS CN OFFICES: 90STO\ ARE%, MOBVRO, 93) SPTB FRWI\GHAM B,'S 6816 - LAWRENCE 683 2320 . FITCHBLRG 335 264) LY\\ 599 6226 GLOLMIFER :61 9679 N(W� klMYP(-2RT 90:-026n-(x)Vt(!,S,t{.742-410G-NAiHtA,n.H. twwwl1-MAYS 1gSIt R.n_H.G71-j,fs(I-VOKOWWI H, N H. 4:t,-VV,-RIN, HIS FI$, N41 :1 F3.74(Ri eSTAes.isHeo IYxe r m il {11dtIs4� � �fIttles, ��,`�6pp1'€ats' � Ser�i�1R jot °` hd00. 4. 19'32 _ 31 PH •.�,f. x.d�ti.tTiNr fU&VC,AIINC, - IiRM?TE CC) NTROf • SANITAIJON MAlr+ OFFICE, I Q0 P-AIDO ESFX STREET 10WILL, MA 01851 {500) 452-9621 _ r^ DATE SE HT SENDERS NAME: : NO. OF PAGES: ;)- THIS COVER ANIS FAX NO, 505-459-3154 TIME SENT:_ - TEL►NO1 _�" ? i F 1 wkrtlF#�iF+t�aa*�t�Fhe��+F*��eF�+Faar.��i*1t*,rsl�-w��F*#�iEII:��M*1F1!*n**#tiF1FN+r�kuiE*A�4�1F�F#*1F�F1F� DELIVER TO: COMPANY NAME:. _---- DEPARTMENT ; ATTENTION: FAX NUMBER: - -s.-�' -�' -?D� q MESSAGE (IF ANY) IF THERE ARE ANY PROBLEMS, PLEASE CALL AND ASK FOR - FIA Nroi nllif.ft i10Sff1N AFM., WOOVIN 111 `479. iiAAlj0,C ij M f1I111{ A INCI {IJ•2JJ0 . li..`II RI!Rf "1 11 0 � (YNN MGM - GiMMIilk 1ti-3071 • N[WIVRI}CJRT J61 DUA - M)\4R, N!1 741 4W NA3NVA. N If II1�Alil - kiA11041SUR, N.fl. {1111J•+ fi1R/5 111ViM, N+i f1R'{11) ROCMisli I, N.M. 113 71i1i1 91TAYLISHUD II14 - ---------------------------------------------------- r TOWN OF NORTH ANDOVER. MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET. 01845 WILLIAM A. CYR INTERIM DIRECTOR Mr. Robert Nicetta Building Department 120 Main Street North Andover MA 01845 Re: 22-24 Ashland St Dear Mr. Nicetta: TELEPHONE 687.7964 FAX: (508) 683.9381 • , CL November 4, 1992 Please be advised that the water for property at 22-24 Ashland St. has been shut off at the curb on September 29, 1992. The sewer service has been capped and verified by Jackson Long of our department on November 3, 1992. This property is scheduled to be demolished. If you have any question please call. Very truly yours, J. William Hmurciak, P.E. Assistant Director CS' RA ::`<::` ISSUE DATE (MM/DD/YY) R ACORD ERTIFICA 0l` 1NS�CE : EACH OCCURRENCE ::.. ....... ... 09/09/92 PRODUCER ................ AGGREGATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND .......... OTHER THAN UMBRELLA FORM CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE BIRCHWOOD INSURANCE AGENCY INC 12/13/91 12 1 STATUTORY LIMIT'S /392 .................. . .....................,:a::::::.::.:.'::::::..::::.::::::. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 154 BROAD STREET EACH ACCIDENT POLICIES BELOW. NASHUA, NH DISEASE—POLICY LIMIT :$ 500,000 03063 COMPANIES AFFORDING COVERAGE BIRCHWOODINSURANCE AGENCY .................................................................................................................................................................. 800-966-5231 COMPANY A OTHER LETTER Royal Insurance Company ............. ............... .............................. ......................................... .................... ................... ......................... LCEOMPr� Y B Hartford Accident & Indemnity INSURED ..................................................................................................................................... Jay -Mor Enterprises I .............................. COMPANY C P.O. Box 87 LETTER Pelham, NH.......... ........................................................... .............................................................. ......... ........... ............. 03076 COMPANY D LETTER ....................... COMPANY E LETTER THIS IS TO CERTIFY THAT THE POIICIES OF INSURANCE TISTED TiELOW HAVE BEEN ISSUED TO THE INSURED NF MED ABOVE FOR TIN POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ._ ........................... ......._......... _............... ...................... ................................ ............... ...._....... _................................ ........... .................... .................................................................... ........ LTR: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE : POLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE E 2,000,000 .......................... A X COMMERCIAL GENERAL LIABILITY GSP 231222 04/14/92 04/14/93 PRODUCTS-COMP/OP AGG. 1 2,000,000 ................. .............................. cLABeIs MADE: X ; OCCUR.: a 1,000,000 PERSONAL &ADV. INJURY .......... X : OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Afim) $ ........... (Aro' one 50, 000 .................................................. MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY 04/14/93 COMBINED SINGLE A X ;ANY AUTO GSP 231222 04/14/92 � s 1,000,000 � ALL OWNED AUTOS .............. BODILYJURY SCHEDULED AUTOS (per MSM) E HIRED AUTOS NON -OWNED AUTOS DII)URY � $ GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY : EACH OCCURRENCE $ UMBRELLA FORM ................ AGGREGATE E .......... OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION 04WZBQ2834 12/13/91 12 1 STATUTORY LIMIT'S /392 .................. . .....................,:a::::::.::.:.'::::::..::::.::::::. ......................... ,� EACH ACCIDENT 100,000 DISEASE—POLICY LIMIT :$ 500,000 EMPLOYERS' LIABILITY .......... ..........._....................... ...... .._................................ DISEASE—EACH EMPLOYEE S 100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JOB: ASHLAND STREET DEMOLITION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE NO. ANDOVER HOUSING AUTHORITY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1 MORKESKI MEADOWS LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NORTH ANDOVER MA 01854 AUTHORIZED REPRESENTATIVE AGENCY �?r 1L�S l rg .St-'eet Lav rer)�;e, Mnsac ;husetts 01641 Sept em )Fr 1k', ' 992 jay-.Mcr wre. king Company Gage mill Rf;ad Pelham, N, H. Attn : Catily This is to confirm youx zequest • ' telephone wires �e remcved ,rom the house located at 22214 Street, North Andover, mass. i. Lechnician was dispatche-3 today and the wises were removed. X44iy Lou Bavelt; Clerical Assir,�a�r 508 8' 4'4+. TriTAL PAGE . 00? 4'.4 H Q Y, - . 2 — 9 2 rl 0 V-4 1 5 : 5 9 P. 1::4 ':-:; T. G 1:::l .--- L- A W R A V4 C E (eol) 835-2tU 7�r'- P.O BOX 87 PeLKAM. NEW ,PAFSHIRF M76 Raystnte Gas C=M any 55 Marston stre-:at Lawrence, MA 01841 P - }Z) I V. P02 FAx (Bo3� V6-9024 To Whom It May Concern: ,Tay -Mor Enterpri seg will bta di4molithing tb(.-- nt.ruct-urc 1-ocitel -.0, >P,-24 Ashland StreGt in N'torth Anclovr , MA. Fens,-.tkign 1-)elowto affirm that the hAs baps, Bayvt-&te Gas Cor parry aly, Jay -Mor F r*,.r,: r1 r i s,:? ,7 k4-1Vi1,1 A—, Owner //, z - 4 e - PO 8 t- I t "' brand Pa.x t r a n -3 m j t t a I -!,, e Fn () 7p,71 F�', 'of p,aes —P--- - W ICn cn 0 b7 " t7lZ y G D z � H �r1 w (n z—. L7 Com" o y Ty � C O G l — a O a d o y d -n CA •C C7 O D n z y r �• Q r � � C C fl- y c v CD CD r CL rM Cr W CD 0 C7 CD O CD M CCD —• y CD < a0 y m z o cQ CD < C O CD 'n CDO O r CD ';I z O • N C �N SC ==CDC0 C1 CD CA CD C2 m Z? -O W O =� Nm N T W n?d O y CD �O O N p N IE ffm; _ 7 O m C co 0 O 03. O C y n 00 o o Q. o Com,� ,,. mc %.: ' CD O O N �-+ to 0 CD . y R: �. l " O N Ot N p• D7 C cr C .� K. cD , a N C : Cfl rr ^^ ..► co) VJ N W O H �•�O CD W m d Cato. O m O O . O mo�:' N 1 O CD 4bkw e O Aw O Cy 4 t7 � a". C o v CE w� c o O o 5 cn cn R �7 cn 0 b7 " t7lZ y 'rf y 7C1 G � H �r1 w (n ;r1 C Com" o z W P1 G - � z 7 G l z tz � a O a d o y omi 0 0 c Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( Page: 1 Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property, MAP PARCEL Name Address 17 19 North Andover Housing Authority 310 Greene Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 17 8 & 20 Robert Mc Carrick P.P.Box 263, Milton Village, MA 02187 dL4 ertcaater-Road North-Afidever;-{MA-01-845-- 17 7 James Wilen 28 Ashland Street, North Andover, MA 01845 17 6 Jason Horyn 32 Ashland Street, North Andover, MA 01845 17 5 John Lu 945 Main Street, Tewksbury, MA 01876 17 4,21,22 Russell Hertrich 91 Hampstead Street, Methuen, MA 01844 17 2 Louis Kmiec 1001 Turnpike Street, North Andover, MA 01845 17 1 C/O Countrywide Bank 16 Ferry Street, North Andover, MA 01845 3 17 17 Fieldcom Realty Trust 11 Wheeling Avenue, Woburn, MA 01801 1 17 d 11 Trombly Realty Corporation 1 Sutton Street, North Andover, MA 01845 M 1a�- �,� - -96----- --Prideer�r#t; Ine - - 611 9-Svtton-Street North-Andover,-MA-Ot845-- 17 �+/ 1��-_w 13 21/1 -. �- Annie Williams r uitlpd 13 May Street, North Andover, MA 01845 q- 1q-07 - iCariirraE+he7JaJY - V�'kU�"�-29-1MapStreet iVc,rtbAfldever, -) 01-07 ----2 Ner-th-Andover-MA-0484-5 May -Street; -b�--2&4•-HudsGn-Bead;-Be#en;-MXG17740 a u lO �. m a8 - � •-7 -- -G#aides Fare- —�,�-4-May-Ftfeet N-No#tr,4ndever,-Mak-04845- --4 2----..-8 Bestway-Realty-Ttust- �---P::G Box3"orth-Andover-MA- 1845 28 7 Sutton Street Realty Trust 109-123 Main Street #E2, North Andover, MA 01845 28 11 Trombly Realty Corporation 147 Sutton Street, North Andover, MA 01845 �rro High -Street NNo:-Billeriea,-MA-01-862— This certifies that the names appearing on the records of the Assessors Office as of -/ O Certified by• Date a7 r DDDDr(�N-I c� m R\t arm xA a M_Y�y�1p.%w\r ww�v w.\.t.m. ogtW MroR� W. saocWrc r-U-m�n AWN --gym I m Q xmmNr Dnm -ix(mi 70nZX mmWTDflm� 1 n]OApX� Z mmONLnN mmO Nn Z1nr AAZ'�L(\.�m Zr m / n O O A j 70 cr o p D, rz z rR Qr '� D j Z � m o � 1n Nm y 3 . n D o � Z i Q D i D D70 D ZiO�ul T -;u U, NZZm NN -Ni m m �r -1NmOi O 0D r � � m z Q m C o mo 0 N m n cDn< N c/a r= Q m a m co � ()Z m m c m z m cn m a ? m �cn N N V DD DD�"n �j DDDDr(�N-I Ln JT NNNy� AWN --gym I m Q xmmNr Dnm -ix(mi 70nZX mmWTDflm� 1 n]OApX� Z mmONLnN mmO Nn Z1nr AAZ'�L(\.�m Zr m / W W m m O O A j 70 z� O 8 ODND mro S't's DDA�r-i� D, rz z rR Qr '� D j Z � m o � 1n Nm y 3 . n 3 76 -( O A Z i Q D i D D70 D ZiO�ul T -;u U, NZZm NN -Ni m m �r -1NmOi N�,n �i UU q�Z7. 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YARMOTHPORi, MA 02675 FAX 508-962-2828 O i a Z cn m DHCD PROJECT NO: 196019 22-24 ASHLAND STREET w = m A a NORTH ANDOVER, MA D BITumwou5 WALK s OHW EDGE OF RI r � J:\11MP4\N 4twv M � N_Y00JI-0R\pn^9+\M .MEwv MR�fYiei DR0.\N NppLR J9U10 SI.IS AIR ORAq . o s m NORTH ANDOVER HOUSING AUTHORITY -BROWN UNDQUIST FARWABD ° PROPOSED MULTI -UNIT MODULAR HOUSING ���� ARCHITECTS,wc. 4Ui N0.10W S1(�ET. 9EA nu �s�s ��.m,.m° Z O -raanNourlfaoar, ° T' °o DHCD PROJECT NO: 196019 22-24 ASHLAND STREET Ic m 0 A o NORTH ANDOVER, MA V `" r 1leMv�]001 P W:N ,41_L0 1;\W16kVl bba NA 0 gAWJI-W31-W\M1M%PUI M,ne MALGnW D11I\M WAMM AW/IU R11 11[ Ob1R em D z o _ o " N �� NORTH ANDOVER HOUSING AUTHORITY F. FENUCCIO & RABER � HN z y o 0-0 O PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS,NC. 3 o o Rl O DHCD PROJECT NO: 196019 YARMO " RT.WA M6 _ mm FH 508-s62-18� ° VPR1AOUfYiPOlti. MA @675 FAX 506-362-2828 ASHLAND STREET - T 0 0 22-24 °� y✓°''yK —i A o NORTH ANDOVER, MA v ' r i ram mer � a:a u srme_s..m x1Wun\R rmn x,, n u_Wwia�\awnw\M .wo,« xtiu�n om_\N +�max� uiww n.0 m[ owo pip 6` 'x D D� NC r U '0 A 3 E n� L . _4 = Z 3 � �i DITT 33� m� -uLD � .. €' r m T,I� Ita D �.,, O � j mit n z p D ( A 3 i n 00 r �c ti nm z N 0 1 � o o2 N N P 70 Orn D —+ rn „ �t .._ T D CD m _ xm20 i m N V n Z>mh `Sl =m 70 an py I i .D mA A� n A_ r fl mx �� h,r m (pr Am Ap N ZDV a Ln AO �? D Dp l!t �A �p1 n <i m n n� r M!5 70 r n A T TC j �O O A D� 111� r o NA z o m h I2 N n DN r v 0p1 C O m N NZ N u RF � aIc� 0 A \ O �r A a � R1 `2 m o_ NORTH ANDOVER HOUSING AUTHORITY- BROWN LINDQUIST FENUCCIO & RABER D z m r- m v ARCHITECTS, INC. XX PROPOSED MULTI -UNIT MODULAR HOUSING Z # G --d O 209 WILLOW STREET. 9ffE A PM 50&962-8382 o DHCD PROJECT NO: 196019 YA18dOU0iP l- 02625 .� m� FAX 50&362-2020 cn o 0 22-24 ASHLAND STREET 0 NORTH ANDOVER, MA r � 1 f,buaA fA0] BA b:d Y SbJ.1_5,0 IAWMCSNVt Mkwr MA 0 N_YEWI-W\dalYq,\N bbn, Nll� AP_\N 11MA AWNp 51.15111[ rodA m m O m 9 A m r m d m A < z m m mA m270a n 3 DQ m< DA n� m r z ID m r ljZ i 9 870 LEE m s � N O �1' rn z TV r m >rn O 70 4P QN m m D rn orn r < 1111111 1 N D rn r p z rn D O z m Tc N 11D11�� C 'D n > c' m 1 N m mA NN 0 O :vZ N nx Os HI (p "ll =p 'O< m Z R' -D D m d� N < <_ = m< An m N m3 av n D n n� c A D' n m<_ rZ z m m �m = m DN m p CDA �O m �Z N �i GI m < �N Z 1 < RIC�y '�L99 q y G v zi co co 'ar'o� o ;a �o m NORTH ANDOVER HOUSING AUTHORITY - BROWN LIND9UIST FENUCCIO & RAeER ARCHITECTS, INC. ZO Nk < o M m v D O PROPOSED MULTI -UNIT MODULAR HOUSING ;u O DHCD PROJECT NO: 196019 2(19 WILLOW STREET, SIRE A YARMOUIMM.MA 02675 _�Rmm PH 508562-8382 FAX 5OB-362-2828 j I 22-24 ASHLAND STREET o 0 A o NORTH ANDOVER, MA i ZBA 424 Date.`.... ..�..G. TOWN OF NORTH ANDOVER RECEIPT r � �� Z-.�. This certifies that.....��.�Vnff�???..........'.....t........�.... ....................... haspaidl.....h....L:{�L.....�..7...1.........c?%.".��%. //// Jj� I )) C for ./.t.4!�.�ri4d... ..AA ..? ...�9dt��9l�•... ��.... ....�..... �,yj V Received by .... . /�.'. .................. Department .... !�": `O..... ........................................................................ 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MA 02675 --- FAX WB -362-2828 -, - lAxrsa\n I.�em.: u 0 .�Ife,\cmy:\n I.�m:n xl\.�.,m; o.0.\n wua �mlpo nm-Icmal 0 MODULE 5 1 MODULE 4 — n o !n W W A A ROLL SIIOwEIN R m m M D N D7 e D D 0 Q r ° I I o QNg Zaps D ! ARCHITECTS, INC NN r88N r8 r8 `' O! 1\ I Z c r r0 Am r 70AGG Sm D O PROJECT NO: 196019 e JZ /70 D D J O --- O (j) D C3� Z 01 J W ° J N 1 N N NN T T 71 :n m 0 0 MODULE 5 1 MODULE 4 — n o !n .I � �1.4 i A ROLL SIIOwEIN R r Z r I L D 0 Q < I I o }o _ m21 \ ! ARCHITECTS, INC Mm 1 I 1\ I Z = I PROJECT NO: 196019 e JZ 4 J --- o0' o = a T-0 k� MODULE 3 o MODULE 2 C ° 30'-0'_ NO O m N m m F D m O 0 F F n n c c m � m y � BITU'1INOU5 WALK ------- \ \ — ---------------------- - - I I I ----------- -------------------- --------- ------ z o !n .I � �1.4 i � lel • 9 NORTH ANDOVER HOUSING AUTHORITY BROWN LIND9UIST FENUCCIO & RABER D 0 Q < o _ m21 PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS, INC Mm r oDHCD PROJECT NO: 196019 269 WUOW STREET. SATE A PH 508-362-8382 YARMDl10PORT, 3 O MA 02675 —. mm FAX 508-362-2828 C3� g m 0 22-24 ASHLAND STREET A i99t j' 0 '■■■I o0' o = a T-0 k� MODULE 3 o MODULE 2 C ° 30'-0'_ NO O m N m m F D m O 0 F F n n c c m � m y � BITU'1INOU5 WALK ------- \ \ — ---------------------- - - I I I ----------- -------------------- --------- ------ z o ^' 9 NORTH ANDOVER HOUSING AUTHORITY BROWN LIND9UIST FENUCCIO & RABER D 0 Q < o _ m21 PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS, INC r oDHCD PROJECT NO: 196019 269 WUOW STREET. SATE A PH 508-362-8382 YARMDl10PORT, 3 O MA 02675 —. mm FAX 508-362-2828 C3� g m 0 22-24 ASHLAND STREET A 0 NORTH ANDOVER, MA ' f:\YL®n\N YWer MA [I ILIpPiI-pl\pgtW\N AWnn Xt\-WMI Mqt\N N�pC�Sll WIAp Slp}-16-0]�p 0 0 O W W m m 1 ai^ o� m �m 1 ��$ 8rro88 Am A 70 ran J O O O P a as :1 T T T ^' 5 D m m NORTH ANDOVER HOUSING AUTHORITY BROWN LINDQUIST z A g o o o PROPOSED MULTI -UNIT MODULAR HOUSING FENUCCIO & RMER IN ARCHITECTS, INC. o 0 DHCD PROJECT NO: 196019 SLITE 2��ow�S,A _� PH 508-362-B382 YARMOUTHPORT, MA 02675 FAX 508-362-2828 T T m 00 22-24 ASHLAND STREET A 6 a O NORTH ANDOVER, MA. 6� J r t\M.rRs+qu � ru u yJrmJr-w\d^,;,w\M rmn w ! �m ow -W upgsp .Ws,b sros-ie-ar�p m r m 6 m NORTH ANDOVER HOUSING AUTHORITY ' "' PROPOSED MULTI -UNIT MODULAR < LAR HOUSING ���� BROWN LINDQUIST FENUCCIo & RABER D 0 o DHCD PROJECT NO: 196019 412C"IrEcrs, INC. m 703 WLLOAy 887EETcn , SIfE A ° 22-24 ASH �A' I r.4 02675 . e� PH508-362.8387 LAND STREET mm FAX 508-3624878 NORTH ANDOVER, MA O � Dzz Z �k < o r I A m r m 6 m NORTH ANDOVER HOUSING AUTHORITY ' "' PROPOSED MULTI -UNIT MODULAR < LAR HOUSING ���� BROWN LINDQUIST FENUCCIo & RABER D 0 o DHCD PROJECT NO: 196019 412C"IrEcrs, INC. m 703 WLLOAy 887EETcn , SIfE A ° 22-24 ASH �A' I r.4 02675 . e� PH508-362.8387 LAND STREET mm FAX 508-3624878 NORTH ANDOVER, MA I An i001 p pdm µ SMya},q 1:\�k\X Mtlryn XA U IIJbp11-01\pgi p\X ��OTn W\-��M qA_\N �1pA® 4WNA Sfl3-1F-0IIp m A 1 r Z m o N NORTH ANDOVER HOUSING AUTHORITY- BROWN m m m PROPOSED MULTI -UNIT MODULAR HOUSING LIND9UIST FENUCCIO & RABER ARCHITECTS, INC. D Q DHCD PROJECT NO: 196019 WILLOW i ^ _ mm FPH AX 608-962-6962 rax aan goat, nu 07e75 FA% 508-362-2828 V _° oom m C 0 22-24 ASHLAND STREET A o NORTH ANDOVER, MA Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS, Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman t e1ORTH16 ? P 2: Richard J. Byers, Esq. Clerk Joseph D. I aGrasse O David R. Webster Associate _.fembers Thomas D. Ippolito Richard M. Vaillancourt °+.,T.° , 11 �y �SSACHus�� LEGAL NOTICE Daniel S. Braese, Esq. North Andover, Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday Legal Notice g the 10th of April, 2007 at 7:30 pm to all parties interested in the applica- North Andover, Zoning Board of Appeals tion of the North Andover dousing Authority, 310 Greene Street, for premises at: 0 May Street (Map 18, Parcel 5), North Andover, Notice is hereby given that the Board of Appeals will hold a public hearing in the MA. The applicant is requesting the issuance Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the I& of a Comprehensive Per- of April, 2007 at 7:30 pm to all parties interested in the application of the North mit pursuant to the Massachusetts Compre- Andover Housing Authority, 310 Greene Street, for premises at: 0 May Street (Map hensive Permit Law I (Md B' o§0-23 18, Parcel 5), North Andover, MA- The applicant is requesting the issuance of a the Town Andover Comprehensive Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law Permit Rules and Regu- lations of the Zoning (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules Board Rules"). The (Pro- and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed posed development b for a two-family three -bed - development is for a two-family three-bedroom rental dwelling, one unit of which will be room rental dwelling, one handicapped -accessible' located on a.33 -acre parcel of land with a Chapter 705 (M.G.L. ' unit of which will be handicapped -accessible, c. 121B, §26) grant from the Department of Housing and Community Development. located on a .33 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from The said remise affected is roe with frontage on the North side of May Street P property � a$ Y in Department of Hous - ity ing and Community within the Residential 4/� 4 zonin district. l'�- ) g Development. The said premise affect- ed is property with Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, frontage on the North Side of May street within North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. the Residential 4 (R-4) Zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North B order of the Board of Appeal Y PF Andover, da Monday through Friday from the. Albert P. Manzi, III, Esq., Chairman PM rs of 8:30 AM to 4:30 Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009B. M 18P5. WM By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman ET - 3126, 4/2/07 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - "F%vw.tovmofiiorthandover.com Notice k will hold a Town Hall, parties it Andover eel 19), North AfKkw, MA.Ttoapplkwt request- ing the issuance of a ComprehensWo ti Law (M.G.L, c.408, to the 23) and thoTown of North Andover. Cosive R Regtft- tions of the °rr rd of Appeals ( 'LoW Rules'. The proposed developpert to fora second two-family th om urff which will behanditapped-a0cessbe, located on a .59-acrea Chapw 706 (. ,L., c. 121 B, 126) grant of _Hottaft and Community Development The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) Zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 A.M. to 4:30 P.M. By the order of the Board of Appeals Albert P. Manzi, III, Esq., chairman j Legal Notice 2007-009A. ET - 3126, 412107 Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover, Zoning Board of Appeals Town Clerk Time Stamp 2 G 0 7 MA R 19 P"1 2: 43 r Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the I& of April, 2007 at 7:30 pm to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a .59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009A. M17P19. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com F Legal Notice North Andover, Zoning Board of Appeals Town Clerk Time Stamp 2 G 0 7 MA R 19 P"1 2: 43 r Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the I& of April, 2007 at 7:30 pm to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a .59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009A. M17P19. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0026 Date: April 4, 2007 APPLICATION TYPE: SUBMISSION DATE: Comprehensive Permit Thu Mar 15, 2007 Applicants Name: NAME NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET TOWN: NORTHANDOVER STATE MA ZIP 018C45DE: O PHONE NO.: FAX NO.: EMAIL ADDRESS: Site information: Owner's Name: NAME: NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET SITE ZONING: TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: NORTH ANDOVER, MA Work Location.: MAILING DATE SITE ZONING: 22ASHLAND STREET APPEAL DATE: Tue Mar 13, 2007 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING DEADLINE DATE: GIS # MAP:BLOCK APPEAL DEADLINE: LOT: ACTION TAKEN: 600 017.0 0019 I HEARING DATE: Reason for filing: Comprehensive Permit for two-family three-bedroom rental dwelling, one unit of which will be handlcapped�accessiti ft on a.33 -acre parcel Chapter 705 (KG -L, c. 121B, §28) grant from the DHCD. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE: MAILING DATE HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 13, 2007 Wed Apr 04, 2007 REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 28, 2007 Sat Apr 14, 2007 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE DECISION DATE- ATEMon MonMar 26, 2007 Tue Apr 10, 2007 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE- EADLINEMon MonApr 02, 200, 1 1 Tue Apr 24, 2007 1 Tue A r 24, 2007 MEMBERS PRESENT: VOTE-- MINUTES OTE MINUTES OF MEETING: GeoTMS®1998 Des Lauders & Associates, Inc. 71:25 Q, j No. $1,164.64 6908 Total Fees for Tracking No. 2007-004A-1 394 = $1,414.64 Total Count for Tracking No. 2007-004A-1 394= !007 OPEN ice� $250.00 6906 2007 014B 13 1150*00 T Fees for Tracking No 9= 0 Total C� u Tra 1 0. 0 -00 -1 394 n ck ng �N2 07 4B� /2007 OPEN 3-29-07 = *EMIJL/RBifAM/TI/RV/DB $171.88 3255 5-3-07 = #EM/JL/RB/AMI/DW/TI/RV/DB 0,100.00 9455 5-9-07 = *EM/RB/AM/DW/TI/RV 6-12-07 = *EM/JURB/AM/TI/RV/DB 6-28-07 = Total Fees for Tracking No. 2007-005-7784= $10,271.88 Total Count for Tracking No. 2007-005-7784= 1 Page 17 of A Printed On: Tue Jun 26, 200; g Date DecDate Clerk Filing Actio n Taken Status Comments Fees Check No. 307 OPEN 2-20-07 = *EM/JL/RB/AM/DW/RV/DB $36,100-00 117 3-29-07 = #EM/JL/RB/AM/Ti/RV/DB $153.12 118 5-3-07 = *EM/JL/RB/AM/DWrrl/RV/DB 6-12-07 = *EM/JL/RB/AM/Ti/RV/DB 6-28-07 = ��Total Fees f,,Tacking No. 2007-003-1611�=$36,251�12 Total Count for Tracking No. 2007-003-1611= 37 OPEN $250-00 6905 a $1,164.64 6908 Total Fees for Tracking No. 2007-004A-1 394 = $1,414.64 Total Count for Tracking No. 2007-004A-1 394= !007 OPEN ice� $250.00 6906 2007 014B 13 1150*00 T Fees for Tracking No 9= 0 Total C� u Tra 1 0. 0 -00 -1 394 n ck ng �N2 07 4B� /2007 OPEN 3-29-07 = *EMIJL/RBifAM/TI/RV/DB $171.88 3255 5-3-07 = #EM/JL/RB/AMI/DW/TI/RV/DB 0,100.00 9455 5-9-07 = *EM/RB/AM/DW/TI/RV 6-12-07 = *EM/JURB/AM/TI/RV/DB 6-28-07 = Total Fees for Tracking No. 2007-005-7784= $10,271.88 Total Count for Tracking No. 2007-005-7784= 1 Page 17 of A Cape Cod Architects - Architects on Cape Cod Page 1 of i nn nn nn nn BROWN INDIT FEIO . R.E ARCHITECTS, 1NC- ,., .,o acts: f r / „'�. , .. . Y. W-1/11 . 4 G � { / %f �.. f �. ��� <b �uF ,�/'` .. fla view Projects Brown lindaulst Fenuccio & Reber Architects Inc. is a diversified architectural firm located in historic Yarmouthport, Massachusetts. We provide comprehensive architectural and consulting services to a wide range of Commercial, Municipal and Residential clients. Because of our depth of experience and location, we are capable of serving clients on many building types throughout Cape Cod, Southeastern Massachusetts and the Greater Boston Area. Founded in 1969, our firm has developed a solid client base In both the private and public sectors by adhering to a commitment to client service and several basic principles: M We Assist our Clients to understand the Design, Permitting and Construction Process IB We Provide Creative design solutions & problem sohring • We Develop the highest quality technical documentation for each project • We Maintain continuous communication with our clients and other project team members • We Provide continuous project management and budget assessments throughout all project phases "Building Relationships with our Clients to implement Design A Construction Solutions from Concept to Completion". Brown Undquist Fenuccio h Raber Architects, Inc. 203 Willow Street, Suite A Yarmouthport, MA 02675 MEIN 1p Website Design by Webfodder PH: 508-362-8382 FAX: 508-362-2828 InfbO CaoeAmhitects.com s http://capearchitects.com/ 7/19/2007 ZBA4.32 TOWN OF NORTH ANDOVER RECEIPT This certifies ............ \j haspaid ............................. for f ..... �4)P- 7 . .... Received by ....... ;W�..x ............... Department........ 7ebl� ................................................................. WMTE: Applicant CANARY: Department PINK Treasurer ZBA 424 Date..3 ..... TOWN OF NORTH ANDOVER RECEIPT 0 (1 M 014 ).A., ' P This certifies that ... k ...................... .... .... jk� .......................... has paid ....... ..... q for Received by .... ;W!eA ................................................ Department.... 2--b-A ........................................................................ WMTE: Applicant CANARY: Department PINK: Treasurer RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MA 01845 PAY TO THE ORDER OF. 9353 53-7054/2113 DATE .DXx... --�- m DOLLARS IJ Banknorth v Mass chusetts �L FOR "" 118009 3 6111 -l: 2 L 13 70 54 Si: 0 2 156009 5n' zBA432 TOWN OF NORTH ANDOVER RECEIPT This certifies that . .W... .G.... .A.... �i ..�. p�.0............ has paid... 3.!...D....cr,:..;,7�1 ............................. for .10 ,6.....ff t' .... U....�. �.0.o ../•....����. ��L!'B �... .6".!ET . Receivedby ...................... -1�...!. �.............................................. Department........ �.6.................................................................. WHITE: Applicant CANARY: Departrnent PINK: Treasurer Town of North Andover ZONING BOARD OF APPEALS ?V� tt,•av tb'e'YO 1I * # Legal Notice North Andover, Zoning Board of Appeals Town Clerk Time Stamp 2001 M A R 10 P.M 2: 48 i''tASs5:`:t is Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the I& of April, 2007 at 7:30 pm to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a .59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009A, M17P19. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofiorthandover.com .r Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Town of North Andover ZONING BOARD OF APPEALS (20) days after the date of tiling Notice of Decision of this notice in the office of the Year 2007 Town Clerk, per Mass. Gen. L. ch. 40A, §17 Pro at: 22-24 Ash] NAME: North Andover Housing Authority, 310 HEARIN( Greene Street, North Andover, MA 01845 ADDRESS: for premises at 22-24 Ashland Street PETITIOI North Andover, MA 01845 TYPING E Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. I ✓LD tea- a� C4 &-, #-�e /,5 The North Andover Board of Appeals held a public hearing at its regular i room, 120 Main Street, North Andover, MA on Tuesday, September 11, 2 North Andover Housing Authority, 310 Greene Street, for premises at: North Andover, MA. The applicant is requesting the issuance of a Comps Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped - accessible, located on a.59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The public hearing was terminated on June 12, 2007. The Board voted to grant the appeal on June 28, 2007 and discussed the decision and the requested waivers during the under advisement meetings of June 28 and September 11, 2007. Legal notices were sent to all names on the abutter's lists and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. The following voting members were present for all hearings: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The following non-voting members were present during many hearings: David R. Webster, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse, and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals voted to grant the Comprehensive Permit subject to the 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans. Voting in favor of the Comprehensive Permit: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans are on file at the Zoning Board of Appeals, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts and can be viewed during 8:30 to 4:30 office hours. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - vmw.tovmofnorthandover.com lr Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman o� Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk ° Joseph D. LaGrasse David R. Webster 9"� (20) days after the date of filing Notice of Decision of this notice in the office of the Year 2007 Town Clerk, per Mass. Gen. L. ch. Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. 40A, §17 Proat: 22-24 Ashland Street (Map 17, Parcel 19 NAME: North Andover Housing Authority, 310 HEARING(S): April 10, May 3, May 9, June 12, Greene Street, North Andover, MA 01845 & June 28, 2007 ADDRESS: for premises at 22-24 Ashland Street PETITION: 2007-009A North Andover, MA 01845 TYPING DATE: October 26, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, September 11, 2007 at 7:30 PM upon the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed development is for a second two-family three bedroom rental dwelling, one unit of which will be handicapped - accessible, located on a.59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The public hearing was terminated on June 12, 2007. The Board voted to grant the appeal on June 28, 2007 and discussed the decision and the requested waivers during the under advisement meetings of June 28 and September 11, 2007. Legal notices were sent to all names on the abutter's lists and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. The following voting members were present for all hearings: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The following non-voting members were present during many hearings: David R. Webster, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse, and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals voted to grant the Comprehensive Permit subject to the 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans. Voting in favor of the Comprehensive Permit: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans are on file at the Zoning Board of Appeals, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts and can be viewed during 8:30 to 4:30 office hours. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.tovmofnorthandover.com Albert: P. Manzi III, Esq. Cbairman Ellen R A4chulne, 1 'ire -Chairman Richard J. Bvers, Esq. Clerk Joscph D. I.aGrasse David R. Webster .-I.ssaeiate ,Members Thomas D. Ippolito Richard. M. Vaillancourt Daniel S. Braese, Esq. Tow ZONINC Towii (lerk Time Stamp ,ALS T 010C" 26 X11 i• 03 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 11``_'11'1.'•... ., E rWt11 1• h'1�'� 1� .� � i 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: 2007-009A - Page 1 of 10 IhOO Osgood Street, Building 20 - Suite 2-:36, North Andover, Massachusetts 01845 Phone - 978-648-9541 Fax - 978-648-9542 Web - ���t-w.touitofilorthandover.com c Town of North Andover. MA - August 30, 2007 Page 1 of 1 Search Our Site August 30, 2007 p` Site This Folder Printer _Friendly Version Search Advanced Search Links Send Us Comments Subscribe to News Return to Home Aklc>{k Reader T.n rW� .r Virtual Town Hall% tAwm :pol Sitt+s :tlUU.IC: There will be a Special Open Meeting of the Zoning Board of Appeals Under Advisement Thursday, August 30, 2007 at 7:00 p.m. in the Town Hall Meeting Room - 120 Main Street, North Andover, MA UNDER ADVISEMENT: (*RcIt ested_continuance to August 311 21.107) t'eter(Pribhu)_Ilinggrani,_'I'rustee Comprehensive Permit B-4_ _ #EIN1l/.IL/RB/AM/TI/RV One Hundred Fourteen 'frust forpremises at. Turnpike -Street (Nap 106,_ Parcel 63) (Moder Advisement. requested continuance. to August 30, 2007) North Andover Housing Authority_ Comprehensive Permit_ 12-4 _ #EM/.11./RB/A 17/TI/R%'/46 For premises_at: 22-24 Ashland Street Note Board deliberations and rote on any issue taken wider adNiseutent mai take place later in the meeting after the conclusion of the [fearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". North Andover Town Offices 120 Main Sheet, North Andover MA 01845 Phone: (978) 688 9501 lhttn-//w-xvxv tnxA;nnf'nnrthanrinvt-r rnm/Pain-c/NAntinverMA 714A17RAsJendas/New"/`?0Dnr,n111ent 9/300007 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: June 28, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007. 4. The following documents and exhibits were received during the public hearing. From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", C1 -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Clerk Board of Appeals 3-19-07 From Contents Item Date Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 64-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C1 -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; C) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: NA 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, North By: Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street; North Andover, MA, DHCD Project #196019 Date (& Revised Dates): 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07, 107/18/07 Registered Professional Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Major Land Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio & Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations It 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, M consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; , Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted 5 to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; no A. 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. [Or does the 1.2' requirement in 1.26-1.990 mean that l.8' doesn't need a waiver?] 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on 7 2007. td if 6�� 1 Zta-7 ti ,6f d r06yt-) (I7p C t • ' FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (MI7P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet P, C 1-A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C 1-A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the 3 Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1.The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan. Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski. Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #19601.9 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/071 Sheet/Drawing: G 06/08/07, H 06/13/07,1071/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, El which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North 5 Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G. L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. D 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9' x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 7 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. Glennon, Michel From: Willett, Tim Sent: Wednesday, September 05, 200710:46 AM To: Glennon, Michel Subject: RE: North Andover Housing's Ashland Street draft decision The plan and decision are acceptable to the Water and Sewer Depts. -----Original Message ----- From: Glennon, Michel Sent: Friday, August 31, 200712:19 PM To: Bellavance, Curt; Brown, Gerald; Daley, Lincoln; Martineau, William; McKay, Alison; Sawyer, Susan; Willett, Tim; Subject: North Andover Housing's Ashland Street draft decision Hello, ZBA Chairman Manzi is requesting that you review the attached draft 40B decision, the cited site plan. The eai attached for your information. The draft discussion is scheduled for Thursday, 9-6-07. Thanks, Mich. << File: Decisic File: 22-24 Ashland Site 7-18-07.pdf >> << File: 1990-126&141 & waivers 2007-009A.pdf >> Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( Page: 1 Town of North Andover Abutters Listing REQUIREMENT: Mct. 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property, MAP PARCEL Name Address 17 19 North Andover Housing Authority 310 Greene Street, North Andover, MA 01845 Abutters Properties Man Parcel 17 8&20 Name Robert Mc Carrick Address Mox 263, Milton Village, MA 02187 d v P'C...17---...._----g------- --......-----_K6G-Realty--T-rust-..__ .....---4-1-0-E�eneaster-Road-North Artdever- MA -01845-- 17 7 James Wilen LW Ashland Street, North Andover, MA 01845 17 6 Jason Horyn (/32 Ashland Street, North Andover, MA 01845 17 5 John Lu �45 Main Street, Tewksbury, MA 01876 17 4,21,22 Russell Hertrich . 41 Hampstead Street, Methuen, MA 01844 17 2 Louis Kmiec 001 Turnpike Street, North Andover, MA 01845 -e 17 1 C/O Countrywide Bank ViUV u 16 Ferry Street, North Andover, MA 01845 17 17 Fieldcom Realty Trust L14 -Wheeling Avenue, Woburn, MA 01801 1 17 11 Trombly Realty Corporation 1, t*1 Sutton Street, North Andover, MA 01845 —169 Sutton-Street;-North-ArtdovetTit A-l9f84-5- 17 13 Annie Williams 13 May Street, North Andover, MA 01845 NP'�1-7-----244/9- ma-Eihejjaly-- - 2.1-Ibtey-Street of#h-Andover-P4,T0 1845 --u--33-May-Street; Nofth-Andover-MA-01,84b p ---.-294--H#fdsow-Read-Bo ten, -MA -94748-- al up e.—�8-------72 ----G#aides-Fare- ------�51-May-Stfeet NNefth-Andever;-MA-04845- �ts--9Z----..--8— BestwayfZealty-Trust- P:O-Box-32; North- Andover, MA -01-845-- 28 7 Sutton Street Realty Trust v109-123 Main Street #E2, North Andover, MA 01845 28 11 Trombly Realty Corporation ri147 Sutton Street, North Andover, MA 01845 d u p -4— --_ 2 — -- --- BEAM Retlfoad ----Iron-Horse-Par#;-High Street; No,.-Billenm MA -04862 --- This certifies that the names appearing on the records of the Asses ors Office as of Certified by' Date o7 / q / Po / / Sp0 ' ' 00 ?` / o_ 0o 9 a A m cN` / 10 1 Ao % / M A 00 oa o // \ �A I ♦ `O'n2 // / \\ 8z \oma \ w � I;gym ♦ / / v Pom cvV m / ♦ / O p ZO 9q / i N omy / `li / m / �p y B D -OI O D p0♦9/c` / m; O o $ F / eo 10 ' ` Sm�� A 9 9 0 / / Gf' ��Zp / -nOhm TF),u IAA"'^ A� < A m a n m 0 y y 2 C, O m i 2 A T O 2 2 a � m � < �I I, I�$m �°®©{}QpstA]C3'oO m z < 0 z / / a z _ / / A / o 0 A 2 c o �o mix gg z g C"'I 3 Z �� Cly (~ '� ° .. 2 C 2 ° o -nOhm TF),u IAA"'^ A� < A m a n m 0 y y 2 C, O m i 2 A T O 2 2 a � m � < �I I, I�$m �°®©{}QpstA]C3'oO m z Ln 0 c o a s o �o mix gg z g C"'I 3 Z �� Cly (~ '� ° .. 2 C 2 ° o G Loi' $ zi ,�, s mO zN z� ,c�ygm ko m AOm A e 0,N O O O 'm v\ m 0 0 C E (� eA yy r pp c�D A 2 N '� D S M H m N s c S �ZS g> �n m c s ; � O O O cn � Z o e e e� Ne 'Q z � O Z O m p C D 0 Z Ll N� So i 3 8 3 ; p m'1 H� oJ IE Ssssm �'� b 3 � Dm=Z"mom yO 2 C n O O O A -nOhm TF),u IAA"'^ A� < A m a n m 0 y y 2 C, O m i 2 A T O 2 2 a � m � < �I I, I�$m �°®©{}QpstA]C3'oO m z Ln 0 c o a s o �o mix gg z g C"'I 3 Z �� Cly (~ '� ° .. 2 C 2 ° o G Loi' $ zi ,�, s mO zN z� ,c�ygm ko m AOm e a 6 e 0,N D 'm v\ m C E (� eA yy r pp c�D A 2 N '� D S M y m N s c S �ZS g> m o 5 ^I' G` o c s ; � O O O cn 2 m Z o e e e� Ne 'Q z DC O o -i m Z �o Z O m p C D 0 Z Ll N� So i 3 8 3 ; p m'1 u y mom° �= zA 1 \� mZy oJ IE Ssssm �'� b 3 � Dm=Z"mom Ln C n O O N A N D _ N O N C .0 Z Z Z N o O m O N N A 0 m w z z z m �! 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' n_____�- � -----__--- -------------------------- -------- / w g o X ;S� S S $ m� 0 3 00 70 m Aq[41.A SID m T f g o m o N ______________________________T ________________________________--------------------------------------------------------- (PUBLIC -50' WIDE) _ _______________________ g ------------------ m 3 0 m t0 <<� vo m ... m w_u — N V 2 NORTH ANDOVER HOUSING AUTHORITY - BROWN UNDQUIST FENUCCIO & r2M z M o a m �m n _ PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS, INC. WUOW __ A VMMOIIfl6'M @675 rwr wamm, PH 508 FAX 508 O P O Z DHCD PROJECT NO: 196019 22-24 ASHLAND STREET N T m 0 A o NORTH ANDOVER, MA r � uWWxvu\x Iu Aw w r�,a xA n aat\x urom Awiw sta uc ocay o_ NORTH ANDOVER HOUSING AUTHORITY BROWN LIND6IUIST FENUCCIO & RAB z PROPOSED MULTI -UNIT MODULAR HOUSING � ARCHITECTS, INC. 203 WILLOW SREET. SITE A PH 508.362-8367. YARMOURVIORT, MA 02675 _ �.mm FAX 508-362-2L'. Q # T Q r - Q DHCD PROJECT NO: 196019 22-24 ASHLAND STREET (1 0 0 0 0 A 0 0 NORTH ANDOVER, MA ,:\NNACVN.\M. Waa M 0 u_WAJI-M\hei.q.\N Wax Iu�Cv�M pq_\N upC.tA A91M9 A.If AH OLp 1 CIS BITUMINOUS NALK o_ NORTH ANDOVER HOUSING AUTHORITY. BROWNN_ T FENUCCIO & RABER z y o n o 0 PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS, NC r O z O ,� o v 0 T O DHCD PROJECT NO: 196019 2Q9 WILLOW StFM, SUIE A PH 508-964-8592 U mm� VARNAUIFPIX7i, AM Q2675 ... FAX 508-562.2828 �C• ', 22-24ASHLAND STREET W T m o 0 --� A o NORTH ANDOVER, MA rT�s O '\JJJXVL Jobe Y 0 M M__ MW_\N xp01FA A41.VA SI J AMF Othp o I X NORTH ANDOVER HOUSING AUTHORITY- BROWN LINDQUIST FENUCCIO & RABER n Z m m m PROPOSED MULTI -UNIT MODULAR HOUSING ARCHITECTS, INC. Z D G O D m DHCD PROJECT NO: 196019 2N WKLOW STRM. SI M A PN SOB -362-8382 FAX SOB o YARMOUfFiPd21, M4 02675 �mm -J62-2828 22-24 ASHLAND STREET o m cn o 0 0 a 0 NORTH ANDOVER, MA r ,gWNCPu\k xM�w+NA G x-WWI-01\pmnP\N Mlav NA�Gn�x Drt_\N xpRtA A41M'D 51.1!!A¢ 06pp - -I o NORTH ANDOVER HOUSING AUTHORITY - BROWN LINDQUIST FENUCCIO & RABER K ° m _ m m ` ° PROPOSED MULTI -UNIT MODULAR HOUSING ���� ARCHITECTS, INC. ' ,� O DHCD PROJECT NO: 196019 203 WILLOW STF&U. SIZE A TM 508-562-8382 VARMOUTHPORT, MA @675 FAX 508-962-2828 m 0 22-24 ASHLAND STREET A a NORTH ANDOVER, MA Page 1 of 1 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Wednesday, October 17,2007 12:52 PM To: Glennon, Michel Subject: NAHA Mich ......... attached please find what I believe was the final form of the Merrimac Decision.............please just cut and paste the North Andover Housing information into that form and send it back to me for final review. The other form you sent was just too confusing for me..... APM Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net ..Lets just start out with the approved form. Con, f dentiality Notice. the information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 10/17/2007 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2007-009A - Page 1 of 1 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: From Contents North Andover Comprehensive Permit 2007-009A Housing Authority 22-24 Ashland Street (M17P19) a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, 2007-009A - Page 2 of 2 Item Date Town Clerk 3-15-07 2007-009A - Page 3 of 3 issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet I", C 1-A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, Cl -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 2007-009A - Page 3 of 3 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 3 1. 01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. The Town has a plan for production of affordable units certified by DHCD. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or departments 1. Board of Health 2007-009A - Page 4 of 4 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 2007-009A - Page 5 of 5 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07, 107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental 2007-009A - Page 6 of 6 price for such Affordable Units shall be set at a price affordable to households earning seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are either (a) residents of North Andover or (b) employees, either special or municipal, of the Town of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning seventy percent (70%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. 2007-009A - Page 7 of 7 Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. The Board shall make such determination and communicate same to the Applicant in writing, specifying any objections, within seventy five (75) days of the Applicant's submission of its proposed materials. 8. The applicant shall design such final plans with the following specifications: a. The applicant shall conform with all pertinent requirements of the Americans with Disabilities Act and Massachusetts Architectural Access Board, if applicable." 2007-009A - Page 8 of 8 9. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 10. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 11. The Board of Appeals hereby waives no fees. 12. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), either, if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by 2007-009A - Page 9 of 9 certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board, as determined by the Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 2007-009A - Page 10 of 10 16. The Board and/or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. At such conference, the Board, Inspector of Buildings, and other town officials shall review the proposed construction schedule. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings by contacting the Board in writing in writing. At the conference, the Applicant, the Board, and other municipal officials or boards shall agree upon a schedule of inspections. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 2007-009A - Page 11 of 11 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals voted to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on 12007. 2007-009A - Page 12 of 12 Page 1 of 1 Glennon, Michel From: Kevin Kiernan [KKiernan@allenmajor.coml Sent: Friday, July 06, 2007 6:58 AM To: Glennon, Michel Cc: Tim Williams Subject: 22-24 Ashland Ms. Glennon, We spoke yesterday about the Ashland Street project. Our project manager is on a well deserved vacation until Monday. I will speak with him first thing Monday morning and get the plans you need over to you as soon as possible. Please feel free to give me a call if you have any questions. Thank you, -Kevin Kevin J. Kiernan, PLS Vice President Allen & Major Associates, Inc. 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Direct: (781) 305-9435 Tel: (781) 935-6889 Fax: (781) 935-2896 kkieman@AllenMajor.com www.aHenmajor.com "Our mission is to provide comprehensive, timely and cost effective Engineering and Surveying services to our clients as well as safe and Environmentally sensitive designs to the public and our community." Notice to Recipient: This email and attachments may contain confidential and proprietary information intended solely for the recipient and, thus, may not be copied or retransmitted to any party outside the recipient's organization without the prior written consent of the sender. If you have received this transmission in error, do not read it. Please immediately reply to sender that you have received this transmission in error, and then delete it. Thank you. Copyright © 2007 Allen & Major Associates, Inc. All Rights Reserved. This message has been scanned by F -Secure Anti -Virus for Microsoft Exchange. 7/6/2007 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: June 28, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007. 4. The following documents and exhibits were received during the public hearing. From Item Date Contents North Andover Housing Comprehensive Permit 2007-009A Town Clerk Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Du., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", C1 -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Clerk Board of Appeals 3-19-07 From Contents Item Date Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Housing Requested Waivers 5-3-07 Authority North Andover Zoning Memo to abutters June 12, not June 8 64-07 Board of Appeals Brown Lindquist Proposed Multi-Unit...DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland Architects, Inc. and Allen St. Site Only, C1 -A, L-2, A-5, A-5.1, A-6, & Major Associates, Inc. A-7 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 3 1. 01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission N 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD By. Project #196019, North Andover, Massachusetts, Issued for Comprehensive Permit Application, February 1, 2007, Site Two: Proposed Two Family Building, #22-24 Ashland Date: Street, North Andover, MA, Local Housing Authority, North Andover Housing Authority, Sheet/Drawing: 1 Morkes_ki Meadows, North Andover, MA. 01845Rmised 5/24/07 — 22-24 Ashland St. 'Site Onl Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Registered Professional Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Major Land Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: TI Title Sheet, "Sheet 1" Existing Conditions, Cl -A Conceptual Site Layout, Building Plan Title: North Andover Housing Authority, Proposed Multi Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By. Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio & Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouth rt, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations Z 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be M unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; no snow storage on site, snow shall be trucked off-site. Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 184. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 0 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9' x 18', accessible over unobstructed driveways not less that 25' wide for a driveway X18'_ wide is granted. [Or does the 12' requirement in 126-1990 mean that 18' doesn't need a waiver?] 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq, Chairman Ellen P. McIntyre, Vice -Chairman= Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on 12007. X [d K ih ao Zs r-- ..- IV Q m 0 rd A. 0 �. a n n 2 Q v 2 L n r6 4; 0 v 2' f r, C7 � Y F. r t 91 C (G Ln IQ , Iti G -111� a I� II� I� r! �S I C rt Z 12' '0 IVV IL fN IU CL c 0J + r, © Z rn C_ 27 fD r ^t IV J Lm fD i w .t � = m .xtlt G Y� J L3 IA 0 Q 3 a (6 J W r- _,.i I 0 rr� R 4 4 4 k 0 ±R .; 6(� fn If rn rn ri t 1 L + L 0 -_ c fa = m .xtlt r Y� J 125 N (l. 0 (TJ (6 J n MS r -t _• -� (n Q Qj t� fi ) `� CL Cr Ip Ul Ln < N J � :.LCL A) r- _,.i I 0 rr� R 4 4 4 k 0 ±R .; 6(� fn If rn rn ri t 1 L + L -fo r. f t t �4 1 ' uocr uO r 1M� 1 pglc.e �IF Ali. A, 6UTU F - 91 Pal G Lrl0l/Ad,,LE_ 17-rl CT LJ 17 ` uil 1 T Cou+4T ! gLLucA �. 51, ViJ T'S' I � t .. �/f t•-# Fpf-r I`1� i,.� • f J ,fit fi � 'p_ AT Ltr-461T�4 of � E r`"1avr_ 151r, , Cit 5=T_a64 Any anpe?I shell be fil-I in the Office of the fown Clerk. i•, lass ; ,SSACHIl�i'�� +1 TOWN OF NORTH ANDOVER MASSACHUSETTS North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 BOARD OF APPEALS NOTICE OF DECISION Date .. March • 14-,- .1.99.1 ...... ... Petition No...141-99 ............. Date of Hearing.. riarch . Petition of ... North .Andoye.r .Housing ,Authority . .... ........ . . ....................... Premises affected. ,22724. Ashland. Street, ................. Referring to the above petition REQUFSTING. A ... COMPREHENSIVE PERMIT UNDER MGL, CH. 40-B FOR MODIFICATION OF THE REQUIREMENTS OF THE . FIRiE. LANE. ON. THE .NORTHEASTERLY. .SIDE. OF. THE . BUILD.ING:. AND. MODIFICATION. OF..T.HE . . PLANS SHOWING THE FOOT PRINT OF THE BUILDING BEING SHIFTED 3.5 FEET FROM THE NORTF- 8 l iXtbY i tX. EASTERLY. PROPERTY. LINE.ON.THE. PREMI.SES .LOCATED .AT. 22-24 .ASHLAND .ST. After a public hearing given on the above date, the Board of Appeals voted to . GRANT .... the ..... COMPREHENSIVE .....PER...MIT . AS. REQEST2d hereby authorize the Building Insr.,(lrtor to issue a ................ Permit to ....North -And -over -Housing . Authority.. . . ........ , . Signed —') ,,t. L- C.J. L.(. t ...Frank. Serio,, Jr. ,. Chairman Walter Soule, . C.ler.k ......... Raymond. Vivenzio... . . ... Louis. RissAn ..... .... ... .. . Board of Appeals Any apprn_j shall be Wed Within (7r)) ":"'s f;rr the ILC c1 1' Ci Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 2 fill North Andover Housing Authority Petition: #141-:9.6 One Morkeski .Meadows North Andover, MA 01845 DECISION The Board of Appeals held a public hearing on Tuesday evening,-NIarch 12, 1991 at 7:30 p.m. upon the application of the North Andover Housing Authority re- questing a Comprehensive Permit, Chapter 40B for modification of the require- ments of the fire lane on the northeasterly side of the building; and modif- ication of the plans showing the foot print of the building being shifted 3.5 feet from the northeasterly property line on the premises located at 22-24 Ashland Street. The following members were present and voting: Frank Serio: , Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 27, . 1991 and March 6, 1991 and all abutters were notified by regular mail. Upon.a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the Comprehensive Permit as requested. The applicant must construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified here- in or unless otherwise provided by this Board. Dated this 14th day of March, 1991. Sincerely, BOARD OF APPEALS Frank Serio, Jrf" Chairman /awt P,ny an Hca! S! ;c! I be find wiC,iin (,.0) d: ',I date of �i'.r�� ,_i `c, ,is iJolice in the Office of. tile. Town Clerk. + F /, hou ed TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS North Andover Housing Authority One Morkeski Meadows * Petition: #126-90 North Andover, MA 01845 * DECISION to The Board of Appeals held a public hearing on October 9, 1990, continued to November 13, 1990, then to a Special Meeting on Monday evening, November 19, 1990 upon the application of the North Andover Housing Authority requesting a Comprehensive Permit, Chapter 40B, Section 21 of the Mass. General Laws for the construction of subsidized multi -family dwelling units on the premises located at 22-24 Ashland Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Walter Soule, Clerk and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 26, 1990 and October 3, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Comprehensive Permit subject to the follow- ing conditions: 1. The twelve foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building that is a "knockdown fence". 2. The surface of the access lane shall be McAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year-round provid- ing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. The applicant must construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified herein or unless otherwise provided by this Board. Sincerely, BOARD OF A PEALS Dated this 26th day of November, 1990 Frank Serio, Jr. J�Q Chairman /awt �� p�, � � 0 I /•!1\/ Gf in the Ofi ice of. the Coyv�i Clerk. •�� eco"�O�r . 3 � F: APP10 + :ssACHu TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 Petition of ...... NorthAndover. Housing Authority NIT/ 7R q ?5 AM 190 Date . _November 26, 1990 .............. Petition No....1.26-90 .............. Date of Hearing..November .19,. 1.9.90 Premises affected 22-24.Ashland.Stre.et. ................................................... Referring to the above petition for a.Compre-hensive• Permit, Chapter 40B, Sec. 21 of Mass. General Laws for the construction of subsidized--multi-family•dwelling-units... ....................................... 814X C I� ................. .............................. I.......................... After a public hearing given on the above date, the Board of Appeals voted to ..GRANT . the Comprehensive Permit . .. and hereby authorize the Building Inspector to issue a permit to North Andover. Housing Authority ..................... .............. for the construction of the above work, based upon the following conditions: See attached list of conditions Signed7��,��� ...trank. S'.erio, yt.. ,. A hail m;u► .. . . William Sullivan.,..Vice1ch.-irman-. ..Walter_ Soule, -Clerk .. ...... ... -Louis Rissin Board of Appeals North Andover Housing Authority DECISION - Petition #126-90 Granted with the following conditions: 1. The twelve(12) foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building, that is a "knockdown fence". 2. The surface of the access lane shall be MacAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year round providing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. f-lCd �nY appeal shall be r the Within Notice date of i►,;n� the Town in the �Efice of. Z t "ON ltlld 33S _t;i i HONI l = 133i 09 - 31VOS http://maps.live.com/PrintableMap.aspx?mkt=en-US 3/15/2007 TRANSMISSION VERIFICATION REPORT TIME 03/16/2007 10:33 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 03116 10:31 FAX NO./NAME 89787942088 DURATION 00:01:35 PAGE(S) 08 RESULT OK MODE STANDARD ECM ZBA 424 Date ..s.l." ..�••. TOWN OF NORTH ANDOVER RECEIPT This certifies that k R�,. has paid ..,•�. ,..G�irZ.�.... for, Received by.... ...... De}�rt>«lent .. ............ .........................I...I............. WHrr&- Applleard CANARY; Dep®rb"m PINK Trefturer Y�l zBA 4 2 4 Date ...`..�.� ..... �?.7 TOWN OF NORTH ANDOVER RECEIPT This certifies that .....�� f!��??......�`...U..1.�'�.:L.�.�.................... has paid .... for.:AY A5.4.40!..!!!19..+��..... YL i�......../ Receivedby ....Z ...................................................... Department.. � bA..................................................................... WHITE: Applicant 46 CANARY: Department PINK: Treasurer Dover 450'I'd + o75,4fir GOV.-,K- YYI6� r 9 6 T f-e���� � I -P-9 C7 1 1 01 ve-- A 10C-c7l c w 5e, C, L4 fe1 � C6'de-5 1-/k)f-k )i1jG) 41��� �f Det V Mct 61yj s ,m, le, ts TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 14:09 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 03/15 14:09 FAX N0./NAME 89787942088 DURATION 00:00:12 PAGE(S) 01 RESULT OK MODE STANDARD ECM TO: U ;tiara ,a� V M ZONING BOARD OF APPEALS fommunity Development Division FAX TRANSMISSION r � r/O.KY7.. 7 FAX NUMBER, FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: !� Date: b Subject: pY'e'Ui �e`� ��" _ TO: • / v Stva� ib •,O\ O M A ZONING BOARD OF APPEALS (ommunity Development Division FAX TRANSMISSION FAX NUMBER: % Qi " "ll1 9 �- o sg FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: "fit 15 Date: 3' 5 Subject: Ilee`V ,¢ (� REMARKS: 0V ? o -A 1 hNYS�ofj 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 13:36 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATEJIME 03115 13:36 FAX NO./NAME 89787942088 DURATION 00:00:26 PAGE(S) 02 RESULT OK MODE STANDARD AEA,DLINE ECM ZONING BOARD OF APPEALS Community Development Division KdEWNime Stamp TOWN CLCRK'S OFFICE 2606 OCT 17 PM 12: 2 5 TOWN O1: NORTH ANDOVER MASSACHUSETTS . 1VMIVG SCMDULE — 2007 - ZONING BOMW OF APPEALS MEETING LEGAL LEGAL UPCOMING' DATE, APPLICATION 'NOTICE NOTICE METING M%& & ' DEADLINE AEA,DLINE MUCATION DOCUMMNTS LOCATION DATES DEADLINE Tuesday Thursday Wednesday Monday 7:50 ' ` Mondays Town 12:00 N0014 By 5:00PU By 4:00 PM Top F1o0r Meting 1500 Osgood Street At the F.�gie-T'ritr Satuf ft, Doc, 23, 1600 Osgood Ro= 2007) Stcct Jan. 9, 2007 Dec, 1492006 Depunber 209 2006 *Saturday Tuesday dam 2 Dec;13t 2006 & Jam 1 200'7 SRO Tuesday Januar 11 Jannm717 JAs1. 22 & Jam 29 J=ary 29 Senior Center 120R Melrs $t, Feb. 20 2007 , March 13, x007 February 15 FeWwry 21 Feb, 26 & Mar. 5 March 5 Aprd' 10, 2007 111arcb 15 111aich 21,Marcb 26 & April 2 April 2 Wednesday Settlor Lente* April 12 Ali#718 April 23 & April 30 April 30 1208 Main St. Mav 9.2007 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M Vaillancourt Daniel S. Braese, Esq. Town of North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover MA 01845 Date Town Clerk Time Stamp Please be advised that I have agreed to extend, by mutual agreement between the North Andover Zoning Board of Appeals and this Applicant, the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Comprehensive Permit (40B) per Massachusetts General Laws, Chapter 40B, Section 21. for property located at: STREET: MAP: PARCEL: TOWN: North Andover MA 01845 TO MEETING DATE(S): NAME OF PETITIONER: SIGNED: Petitioner (or petitioner's representative) 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com o m Date Town Clerk Time Stamp Please be advised that I have agreed to extend, by mutual agreement between the North Andover Zoning Board of Appeals and this Applicant, the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Comprehensive Permit (40B) per Massachusetts General Laws, Chapter 40B, Section 21. for property located at: STREET: MAP: PARCEL: TOWN: North Andover MA 01845 TO MEETING DATE(S): NAME OF PETITIONER: SIGNED: Petitioner (or petitioner's representative) 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com m i Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Tice -Chair Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. a HL a) b) C) d) IV. CALL TO ORDER Town of North Andover ZONING BOARD OF APPEALS Draft Agenda Tuesday March 13, 2007 at 7:30p.m. Town Hall Meeting Room 120 Main Street, North Andover, Massachusetts PLEDGE OF ALLEGIANCE Approval of Minutes Communications: 40B - Peer Review/Planning input/meeting 40B - Soliciting Special Town Counsel Town Planner/Community Development Director /Zoning Changes Zoning Budget review Committee Reports: a) 40R Update: Ellen McIntyre b) Housing Partnership — Richard Byers c) Zoning Taste Force — Joseph LaGrasse d) Rules & Regulations e) Annual Town Report V. CONTINUED HEARINGS: Request District *Requested continuance to March 13. 2007 Gerald A. Brown Zoning Enforcement Ojficer # = Members who have heard evidence * = Voted to continue Peter (Pribhu) Hingorani, Trustee Comprehensive Permit B4 #EM/JLJRB/AM/TURV One Hundred Fou ftn Trust *EM/AM/DW for premises at: *EM/JL/RB/AM/DW/TI/RV Turnpike Street fflV 106.1), Parcel 63) *EM/JL/RB/AM/TI/RV *EM/JL/RB/AM/D Wfr1/RV/DB *EM/JL/RB/AMPTIIRV *EM/JL/RB/AM/DWfMV *EM/RB/TI/RViDB *EM/JL/RB/AM/TI/RV *EM/JL/RA(AMM Wf MV/DB *EM/AMITI *EM/JL/RB/A,M/TURV Note: Matters may be called out of order and not as they appear on the agenda Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". Page 1 of 1 March 13, 2007 I TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 14:06 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATEJIME 03115 14:05 FAX NO./NAME 816175731335 DURATION 00:00:28 PAGE(S) 02 RESULT OK MODE STANDARD ECM K -A) ZONING pip_ aNfMliN:'.K, ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISMON FAX NUMBER: FROM; Town of North Andover ,Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978688-9542 PHONE: 978-6W9541 Cover & Pages: Date: 1 S - 0 subject:.' ZONING BOARD OF APPEALS (ommunity Development Division FAX TRANSMISSION TO: FAX NUMBER: 13 3 `7 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: �— Date: 1 y Subject: k REMARKS: �, s, f? -�'Qe 5 YUclive- 1y t _ I �/ o� �-�, t✓ r �ev� 2 w T rVA Q, i n C fyn Ser✓ -14 o -A Adm v% st rn o'-) f7 -t re, C k i eft �e-+C s °i S vv e -fl q�7 �uSfld 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. /� 4. The following documents and exhibits were received during the public hearing: From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (MI7P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet I", C 1-A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, CI -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 4�& 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. }- 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or �I agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 1 b 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set forth herein shall mean the 1 l Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1.The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan. Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows; By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/131/07, 107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #,46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects. Inc.. 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior .Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMS , or applicable PMSA in the event of a change. The rental price for such Affordable Unit hall be set at the price affordable fora y i household earning not more than seventy percent (70%) of the median household income r '>5� in the Lawrence PMSA, adjusted for household size. If the Development is funded by N C 0 % the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in 03 t accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, 0 which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. c� 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. I f 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North 5 Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. -# 3 � 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. .�� 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 0 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department i� prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector �1 of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 7 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. Bobrowski-requested additions in blue Mich changes in red Different language in Merrimac in green — there are many omissions due to the differences in the project FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. #4. Merrimac's concerns unit # changes 4. The following documents and exhibits were received during the public hearing: #5. Exhibit B 2007-009A - Page 1 of 1 From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", Cl -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C1 -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 2007-009A - Page 2 of 2 FINDINGS #6 on Merrimac with different b) and c) S. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. #7 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application-. _Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA Delete? #9 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works #10 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION 2007-009A • Page 3 of 3 Necessary O,only Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of kwo dwelling units in a duel_ e tructure with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions I. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07, 107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3'. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for kentto households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The ental ric J for such Affordable Unity shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household 2007-009A - Page 4 of 4 income in the Lawrence PMSA, adjusted for household size. if the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, [is this necessary? See #5 and PRD attachment] pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial jeasj up shall be given to persons or families who are residents of North Andover. The local 2reference shall be implemented bX the Kpplicant hich Zenan have res onsibilit for managing the Developmen_, er consultation with the- oard.t of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a'marketing plan [market 2 rentals?] consistent with this preference and the guidelines of the DHCD. 5. The licant shall plovide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: [a ° The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, [b The units shall be rental in perpetuity. #6 & 7 are monitoring etc. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 [9:00 in Merrimac] a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant._ [Not in Merrimac; NAHA doesn't have an escrow account.] a. Lighting plan; b. Landscaping, fencing, and planting plan; 2007-009A - Page 5 of 5 c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. Shortened list, no signage, storm -water, etc. "The Board shall make such determination and communicate same to the Applicant in writing, specifying any objections, within seventy five (75) days of the Applicant's submission of its proposed materials. 10. The applicant shall design such final plans with the following specifications: a. The applicant shall conform with all pertinent requirements of the Americans with Disabilities Act and Massachusetts Architectural Access Board, if applicable." #11 =this 8 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines #12-17 are specific to Merrimac; below is #18 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. Toolew is filof: fi, ae's 938 10. The Board of Appeals hereby waives no fees. Below is Merrimac's #21. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an 2007-009A - Page 6 of 6 amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. Below is Merrimac's #22. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be a roved as to form by the Board's legal counsel. The Board shall notify the ns ector of Buildings, in writing, of such completion or performance guarantee. Below is Merrimac's #23 "Performance bonds shall be required and shall be released by the Board in accordance with the Subdivision Rules and Regulations of the Planning Board as determined by the Board." 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. Below is Merrimac's #26. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the own' rules and regulations and installation specifications. Below is Merrimac's #27. 15. During construction the site shall be secured in a manner approved by the s ecto f Buildin ,4 so as to prevent injury or property damage to the residents of the Town. Below is Merrimac's #20. 16. The Board and%or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. Below is Merrimac's #19. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. a. At such conference, the Board, Inspector of Buildings,, and other_ town officials shall review the proposed construction schedule. .For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at 2007-009A - Page 7 of 7 least one week prior to commencing construction by contacting the sector o Buildings [by contacting the Board in writing]in writing. b. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. Below is Merrimac's #40; ##28-37 are specific to Merrimac.. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9' x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. o the extent that the Plan shows additional waivers at specific locations not expressly set Orth above, these waivers are also granted. To the extent the plans are silent on articular issue the appropriate Town by-law shall apply In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III. Esq. Chairman Ellen P. McInWe, Vice -Chairman_ Richard J. Byers.. Clerk 2007-009A - Page 8 of 8 Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. 2007-009A - Page 9 of 9 Zoning Board of Appeals North Andover Hearing No.: ZBA•2007.0027 Date: April a, 2007 APPLICATION TYPE: SUBMISSION DATE: Comprehensive Permit Thu Mar 15, 2007 Applicant's Name: NAME NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET TOWN: NORTHANDOVER STATE MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information• Owner's Name: NAME: NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET Work Location.: TOWN: NORTHANDOVER I STATE: MA ZIPCODE 0184§ PHONE NO.: FAX NO.: EMAIL ADDRESS: Reason for filing: Comprehensive Permit for two-family three-bedroom ►ental dwelling, one unit of which will be handicapped -accessible, on a.33 -acre parcel Chapter 705 (M.G.L, c. 1218, §26) grant from the DHCD. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE- FILING ECAUSE FILING DEADLINE: SITE ZONING: Work Location.: DECISION DRAFT BY: MAY STREET R4 TOWN: SECTION OF BYLAW: NORTHANDOVER, MA 01845 GIS # MAP: BLOCK LOT: ACTION TAKEN: 611 1 018.0 1 0005 I Reason for filing: Comprehensive Permit for two-family three-bedroom ►ental dwelling, one unit of which will be handicapped -accessible, on a.33 -acre parcel Chapter 705 (M.G.L, c. 1218, §26) grant from the DHCD. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE- FILING ECAUSE FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 13, 2007 Wed A 04, 2007 REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 26, 2007 SatApr14,2W7 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Mar M, 2007 1 Tue Apr 10, 2007 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Apr 0Z 2007 TueApr24,2007 Tue A r 24, 2007 MEMBERS PRESENT: VOTE-- MINUTES OTE MINUTES OF MEETING: GeoTMS91998 Des Lauriers A Associates, Inc. BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW MARK BOBROWSKI mark@bbmatlaw.com 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 Fax: 978-371-3928 July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY 5/9/07 Appearance: ZBA public hearing 6/12/07 Telephone conference: Atty. Scalise 6/27/07 Receipt and review: North Andover Housing Authority file documents 6/28/07 Appearance: ZBA public hearing 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon Total Hours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 Mark obrowski D � MAY 2 3 LUUU BOARD OF APPEALS HOURS 0.9 0.2 0.3 0.5 2.1 BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 MARK BOBROWSKI Fax, 978-371-3928 mark@bbmatlaw.com July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY 5/9/07 Appearance: ZBA public hearing 6/12/07 Telephone conference: Atty. Scalise 6/27/07 Receipt and review: North Andover Housing Authority file documents 6/28/07 Appearance: ZBA public hearing 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon TotalHours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 Mark obrowski D MAY 2 J cuuo BOARD OF APPEALS HOURS 0.9 0.2 0.3 0.5 2.1 BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 MARK BOBROWSKI Fax: 978-371-3928 mark@bbmatlaw.com July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY HOURS 5/9/07 Appearance: ZBA public hearing 0.9 6/12/07 Telephone conference: Atty. Scalise 0.2 6/27/07 Receipt and review: North Andover Housing Authority file documents 0.3 6/28/07 Appearance: ZBA public hearing 0.5 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon 2.1 Total Hours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 — '�'�� Mark Vobrowski MAY 2 j Luuo BOARD OF APPEALS k4 kt i k3 MA ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key. rJQ A. Project Information 1. This Certificate of Compliance is issued to: Joanne Comerford Name One Morkeski Meadows DEP File Number: 9A9-1 dit 1 vrovlaea by utN Mailing Address North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Housing Authority Name July 26, 2010 242-1481 Dated DEP File Number 3. The project site is located at: 22-24 Ashland Street Street Address Map 17 Assessors Map/Plat Number North Andover City/Town Parcel 19 Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex North 12141 144 County Book Page 9835 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 2/22/12 Date wpafrm8b.doc • rev. 12/23/09 WPA Form 813, Certificate of Compliance • Page 1 of 3 LJMassachusetts Department of Environmental Protection ) Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1481 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 80 C. Authorization Issued by: North Andover Conservation Commission _23 %� Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/abouVregion/findyour.htm). wpafrm8b.doc • rev. 12/23/09 WPA Form 88, Certificate of Compliance • Page 2 of 3 L711Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1481 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: --------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 22-24 Ashland Street 242-1481 rroject Location DEP File Number Has been recorded at the Registry of Deeds of: for: Essex North County North Andover Hou ' ing Authority Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number wpafrm8b.doc • rev. 12/23/09 Signature of Applicant WPA Form 8B, Certificate of Compliance • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File #:242-1481 eDEP Transaction #:323551 City/rown:NORTH ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER OOC b r Amended OOC 2. Issuance a. r 3. Applicant Details a. First Name JOANNE c. Organization NORTH ANDOVER HOUSING AUTHORITY d. Mailing Address 1 MORKESKI MEADOWS £ State e. City/ own NORTH ANDOVER 4. Property Owner b. Last Name a. First Name c. Organization d. Mailing Address e. Cityfrown f. State 5. Project Location a.Street Address 22 - 24 ASHLAND STREET NORTH ANDOVER b.City/1'own d. Assessors Map/Plat# 1770624N f. Latitude 6. Property recorded at the Registry of Deed for: b. Certificate c. Book a. County NORTHERN ESSEX 9835 b. Last Name COMERFORD MA g. Zip Code g. Zip Code 01845 c. Zip Code 01845 e. Parcel/Lot# 19 g. Longitude 71.13528W 7.Dates Closed: 7/14/2010 a. Date NOI Filed: 6/30/2010 b. Date Public Hearing 8.Fina1 Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Page c. Date Of Issuance: 7/26/2010 d. Revised Final Date: e. Scale: Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SITE DEVELOPMENT PLANS FOR ALLEN & MAJOR MULTI -UNIT MODULARHOUSE, ASSOCIATES 22-24 ASHLAND STREET, NORTH ANDOVER, MA Provided by MassDEP: MassDEP File #:242-1481 eDEP Transaction 4:323551 City[rown:NORTH ANDOVER 1"=20' TIMOTHY J. WILLIAMS, P.E. June 24, 2010 B. Findings s ursuant to the Massachusetts Wetlands Protection Act pro in this application and 1.Finding p interests of Commission n finds that the areas in which work is proposed is significant to the following Following the review of the the above -referenced Notice of Intent and based on the information presented at the public hearing, this the Wetlands protection Act. Check all that apply: Shellfish C. r Prevention of Pollution b. r Land Containing f. r Protection of Wildlife Habitat a. r Public Water Supply e r Fisheries i. r Flood Control d. I✓ Private Water Supply h Storm Damage Prevention g• r Ground Water Supply 2. Commission hereby finds the project, as proposed, is: regulations. Approved subject to: in accordance with the performance standards set forth in the wetlandsfollowing a, r The following conditions which are necessary performed in accordance with the Notice of Intent referenced conditions modify or This Commission orders that all work shall be pextent diat his order. To the General Conditions, and any other special conditionsProposals attached d with the Notice of Inten the ee onditions shall control- any cifications, or other prop differ from the plans, spe regulations- Therefore, Denied because: and until a new Notice of Intent is submitted ��on of the performance standards The proposed work cannot be conditioned to eet the performance standards set forth in the wetland b. t— p not go forward unless work on this project may adequate to protect interests of nod et S attacnalh d to this O Conditions is issued• e work or the effect of the work on the interests f which the proposed work can c. r The information submitted by the applicant is not sufficient to describe the site, may not go forward unless and until a revised Notice o identified in the Wetlands Protection Act Therefore, work on this Project cific information which is lacking and why itis which Provides sufficient information and includes measures which are adequate to protect the interests of e Intent is submitted pon spe Act, and a final Order of Conditions is issued. 3 ddesscriippt 10.0 f the c). necessary is attached to this Order as p er ear feet 3. r Buffer Zone impacts: Shortest distance between limit of project disturbance and Bank or Bordering a lui___ Vegetated Weltand boundary Inland Resource Area impacts: Approvals Only): ------ proposed Alteration Resource Area permitted Proposed Permitted Alteration Replacement Replacement Page 2 of 10 * ELECTRONIC COPY 0 Provided by MassDEP: Massachusetts Department of We MassDEP File #:242-1491 Wetlands Protection eDEP Transaction #:3235511 Bureau of Resource Protection Cityrrown:NORTII AND VER rm 5 - Order of Conditions ds Protection Act M.G.L.c. Massachusetts Wetlan131, §40 WPA Fo ear feet clinear d lin . 4. r Bank a. linear feet b. linear feet 5, C Bordering Vegetated wetland------ a. sqt b. sq c. square feet d. square fee (" Land under Waterbodies and Waterways a square t � b, square feet c. sq uare feet dd. sq 6, e. c/ f. c/ dredged 7. T- Bordering Land Subject to Flooding - - a. square feet — b. square feet c. dd. sq uare feet Cubic Feet Flood Storage t e, cubic feet f. cubic feet f t cub—ei feet g h. cu bic feet g, l- Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet � e. cubic feet f. cubic feet 9, 1✓ Riverfiont Area 1067 � feet a. total sq. 106�� b. total sq. feet . 440 40 d. square � e. square feet f. square feet Sq ft within 100 ft c. square feet between 100-200 ft 1027 feet 102 h. square feet i. square feet J square Sq ft g. square Coastal Resource Area Impacts: Resource Area 10. r Designated Port Areas 11, r Land Under the Ocean 12 f Barrier Beaches 13. r Coastal Beaches 14. r Coastal Dunes 15.r Coastal Banks 16. r Rocky Intertidal Shores Permitted Proposed Permitted Proposed Replacement Replacement Alteration Alteration p Indicate size under Land Under the Ocean, below �t a. square feet. sq C. c/y dredgedd. c/y dredge Indicate size under Coastal Beaches and/or Coastal Dunes below nourishment d. c/y nounshrnent a. square sq—t b. sq t c. c/y �—nourishment d. c/y nourishment a. square feet b. square feet c. c/y a lin— b. linear feet COPY page 3 of 10 * ELECTRONIC Provided by MassDEP: Massachusetts Department of VJe Wetlands ProtecttlvlassDEP File #:242-1481 on eDEP Transaction #:3235511 Bureau of Resource Protection Cityfrown:NORTH ANDOVER WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G•L• c• 131, §4 a. square feet b. square feet uare 17. r Salt Marshes a. square—feet b. sq t c. sq d sq t 18 r- Land Under Salt Ponds a square t b. square feet C. c/ ddry ee ged d. c/y— __� d. sq t Shellfish a square feet b. square feet c. square fit 19.1— Land Containing and Bank, Land Under the Indicate size under Coastal Banks, int Ocean, and/or inland Land Under Waterbodies and Waterways, 20. r Fish Runs above c. c/ d. cl �—square t 21. r Land Subject to Coastal Storm Flowage a. square feet b. 22. For Approvals Only) square footage that has been [— Restoration/Enhancement ( or enhancing a wetland resource area m addition to the If the project is for the purpose of restoring lease entered the additional amount here. entered in section B.5.c & d or B.17.c & d above, p b. square feet of Salt Marsh a. square feet of BVW 23. r- Streams Crossing(s) lease enter the number of new stream crossings/number of replacement stream Crossings - if the project involves Stream Crossings, p b. number of replacement stream crossings a number of new stream crossings Under Massachusetts Wetlands Protection Ac C. General Conditions applicable to Approved projects measures, shall be deemed The following conditions are only app and with all related statutes and other regulatory 1 • Failure to comply with all conditions stated herein, in to private property or cause to revoke or modify this Order. es; it does not authorize any jY ant any property rights or any exclusive privileges; - 2. The Order does not gr lin with all other applicable federal, -- invasion of private rights other person of the necessity of comply g _ 3, This Order does not relieve the permittee or any state, or local statutes, ordinances, bylaws, or regulations. ' shall be completed within three year's from the date of this Order unless either of the following 4 The work authorized hereunder provided for in the Act; or apply: ro ect as P ecified date more than three years, but less than five a the work is a maintenance dredging P J ears, the b the time for completion has been extended to a sp period are set forth as a ears, from the date of issuance. If this Order is intended to be valid for more than three y y p the extended time P extension date and the special circumstances warranting -- — special condition in this Order. page 4 of 10 * ELECTRONIC COPY Provided by MassDEP: Massachusetts Department of Wetlandsnental Protection MassDEP File 4:242-1481 eDEP Transaction #:323551 Bureau of Resource Protection CitylTown:NORTH ANDOVER 'VRA Form 5 - Order of Conditions t Massachusetts Wetlands Protection Act M.G•L c. 131, §40 the issuing authority for one or more periods of up to three Years each upon application to the 5. This Order maybe extended by expiration date of the Order. authority at least 30 days prior to the exp issuing Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance 6 If this Order constitutes an Amen fill shall contain no trash, refuse, rubbish, or debris, including date of the original Final Order of Co Project shall be clean fill. Any tires, ashes, refrigerators, motor vehicles, or parts of 7. Any fill used in connection with this faster, wire, lath, paper, cardboard, pipe, bricks, p appeal has been taken, but not limited to lumber, s or if such an app any of the foregoing. eal eriods from this Order have elapsed, 8• This Order is not final until all admmrstr'atrve app P leted. ry of Deeds or the Land until all proceedings before the Department have been comp the chain of title of the affected property. In the case of recorded land, 9. No work shall be undertaken wiUl the Order has bec°>� final and then has been recorded in il' o the land upon which the s Grantor Index under the name of the owner Court for the district in which the land is locate wr �0nnation shall be submitted the Final Order shall also be noted in the Registry work is done. The reCording of Deeds, In the case of the registered land, the Final Order shall also be noted fo the Land Court proposed work is to be done on which the proposed ed by the Registry Certificate of Title of the owner of the land up to the Conservation Commission on the form at the end of this Order, which form must e feet in size bearing the words, prior to the commencerrrent of work . square feet or more than three square l0. A sign shall be displayed at the site not less then two of Environmental Protection" Massachusetts Department[asf Environmental File Number :"242-1481" requested to issue a Superseding Orof Compliance the Conservation Commission Protection 11. Where the Department of Environmental i s before Mass DEP. (WPA Form shall be a party to all agency proceedings and hearing licant shall submit a Request for Certificate 12. Upon completion of the work described herein, the app 8A) to the conservation Commission. special conditions referenced in this order. wire of the Conservation Commission fans identified in Condition # 13 above shall require the applicant to inq 13. The work shall conform to the plans ansP of a new Notice of Intent. 14. Any change to the p significant enough to require the filing whether the change is sigtri Department of Environmental Protection shall have the right to _ in writing compliance with the conditions stated in this — 15. The Agent or members of the Conservation Commission and the Dep the Conservation Commission or Department for that to enter and inspect the area subject to this order at reasonable med necessary sary by evaluate cornP Order, and may require the submittal of any data evaluation. to any successor in interest or successor in control of the property subject to this Order and work conditioned by this Order. of the 16. This Order of Conditions shall apply oi�nthg Vegetate W etland, the boundary to any contractor or other p es or flagging Once in place, the Wetland involves work adjacent t wo Bordering g 17, Prior to the start of work, and if the project liance has been issued by the Conservation Commission. wetland in the vicinity of the proposed work area shall be marked by stabilized with vegetation or markers shall be maintained until a Certificate of Comp applicant or his/her boundary rn good repair until all disturbed areasura�g on mrlcti. ly on the sedimentation barriers shall be maintained g applicant 18. All other means. At no time shall sediments be deposited in i wetland l water body. ediatel notify the Conservation _ designee shall inspect the erosion controls on a daily basis and shall raenmdohe�aalso accumulated sediments as ncede dim necessary immediately control any erosion problems that occur' at the site e revention controls it may this Order. shall ht to require additional erosion and/or damage P roved by Commission, which reserves the rig Sedimentation barriers shall serve as the limit of work unless another limit of workUle NTS has been Sed MAINTENANCE Q NOTICE OF STORMWATER CONTROL AND {J subject to the Massachusetts Stormwater Standards. �� 1 p" isnot (2) conditions; subject to the following implemented in accordance 19. The work associated with this Oat er Standards, r of ,then the Project's ment, shall be imp If the work is subject to Stormwater Standards,ction and redevelop COPY a) All work, including site preparation, land disturbance, construction page 5 of 10 * ELECTRONIC Provided by MassDEP: Massachusetts Department of Environmental ProtMassDEP File #:242-1481ect►on eDEP Transaction #:323551 Bureau of Resource Protection -Wetlands Cityrrown:NORTH ANDOVER VI I 1�_ WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 tion and erosion and sedimentation control plan ands, i�mpC�le� he tion General with the construction period pollution prev. e Humin tion y aired by the National Pollutant Discharge pollution control measures and Stormwater Pollution Prevention Plan req period erosion, sedimentation and p Permit as required by Stormwater Standard 8• Constructionultil the site is fully stabilized ractices (BMPs) shall remain in p Registered best management pnn BMPs stormwater runoff may be discharged to the post-�cl construction peri d BMPs ha elbee removed or ill be removed by b) No period BMPs intended to be converted to post construction Professional Engineer, provides a Certification that a. construction p the MassDEP Stormwater a date certain specified in the Certification. For any th construction operation, cleaned or prepared for p operation for stormwater attenuation, recharge, Blvd �� treatment eproperly conversion is alio structures; ii.. as -built final construction Handbook BMP specifications and th ed in inlet and outlet control removal of all construction period sediment trapp Engineer, certifying the site is fully stabilized; iii. including ed and stamped by a Registered Professional Engin per the requirements of Stormwater BMP plans are included, sign management system have been removed, as p all Planting. any illicit discharges to the snormction are not damaged and that they are in Standard 10; iv. all post -construction stormwater BMPn inspectedtoto ensure that they with the plans (incto withstand S authority, and have plans) approved by the issuing proper working condition; v. any vegetation associated with post -construction BMPs is suitably established erosion. authority is notified that another party has legally assumed c) The landowner is responsible for BMP maintenance untila Cc of Compliance, or P�lal Certificate of Compliance, the shall execute and submit to the issuing authority an Operation and responsibility for BMP maintenance. Prior to requesting responsible for defined in General Condition 19(e)) in the arty p i the O&M responsible party ( "O&M Statement,) for the Stormwater BMP) identifying the following: •) enation and Maintenance Plan (O&M PI future certifying Maintenance Compliance Statement implementing the storrnwater BMP Op on receipt of the Certificate of Compliance, and ii.) the future responsible parties too operate and maintain the stormwater management BMPs and Plan is complete and will be implemented up of their ongoing legal responsibility p shall be notified in writing term pollution implement the Stormwater Pollution Prevention Plan. ater Pollution Prevention Plan d source control shall be implemented in accordance with then ng Pre d) post -construction pollution preven oo � Stormwater Report and, if applicable, the Stormw prevention plan section of the app e easement, assumes required by the National Pollutant Discharge Elimination System Multi- Sector o f any ldr� accepts responsibility, the landowner, or owner of any must submit to the e) Unless and until another party accepts BMP To overcome this presumption, the landowner of the property responsibility for maintaining to the issuing authority, evidencing that another entity has agreement of record, acceptableonsible arty shall be treated as a permittee for issuing authority a legally binding agree resp p failure of the accepted responsibility for maintaining the BMP, and that the proposed 19 k with respect to that BMP• Any implementing the requirements of Conditions 19(f) through () with respect to that BMP shall purposes of imp through 19(k) more proposed responsible party to implement the requirements of Conditions 19(f)plan and the stormwater BMPs. A ' lation of the Order of Conditions or Certificate oihCotmhe lotscthae. tnwill bthe e ser�'iced Bye Of water BMPs that serving omitted be a violation ement shall also identify than one lot, the legally binding agre access to perform the required operation and maintenance easement deed that grants the responsible party along with the legally binding agreement fans, the O&M Plan, The responsible party shall operate and maintain all storrriwater BMPs in accordance with the design p fl and the requirements of the Massachusetts Stormwater Handbook. ears of inspections, repairs, g) The responsible party shall: consecutive calendar y 1. Maintain an operation and in log for the last merit system or any part thereof, and disposal (for disposal the maintenance and/or replacement ri the d the disposal l loon); Commission") upon request; and log shall indicate the type of in and the lisp 2, Make the maintenance laluate and ensure og available to MassDEP and the Conservation Commission (" roved by w members and agents of the MassDEP and the Commission to each B� and inspect in lthe O&M Plan approved 3 X10 compliance with the requirements that the responsible party is in licable the issuing authority. invent or other contaminants removed from stomlwater BMPs shall be disposed of in accordance with � app OPY h) All sed Page 6 of 10 * ELECTRONlC Provided by MassDEP: MassDEP File #:242-1481 Massachusetts Department of VJe l an1ental Protection eDEP Transaction#.3235 AVER Bureau of Resource Protection city/Town:NORTH ANDOVER Order of Conditions WPA Form 5 -. 131, §40 Massachusetts Wetlands Protection Act M.G.L.MGL -- regulations. 10.04 are prohibited. federal, state, and local laws and er m stem as defined in 310 CMR ed without the prior written Illicit discharges to the stormwater management system management system approved in the Order of Conditions shall not be Chang �) The stormwater act Site Design Credit (as defined in the approval of the issuing authority purpose of the Low Imp Credits) shall not be altered ual mg pervious areas for the pure act Development Site Design k) Areas designated as q Volume 3, Chapter 1, Low Imp MassDEP Stornmwater Handbook, f the issuing authority. fencing constructed around without the prior written app de to allow for wildlife paste• Access for maintenance, repair, and/or rep cand shall be ement of atleast six inches above grade n stormwater BMPs shall include access gates Special Conditions: SEE ATTACHED Page 7 of 10 ELECTRONIC COPY Provided by MassDEP: MassDEP File #:242-1481 usetts Department of Environmental Protection eDEP Transaction #:3�O�R Massach rOtectiollVJetian City�O�, I,.NORTH Bureau of Resour order of Conditions �--`� 131,§40 "A Form 5 G.L. c. Massachusetts Wetlands Protection Act M• nici al Wetlands -Bylaw or Ordinance D. Findings Under MU P ? Yes N° law or ordinance applicable 1. Is a municipal wetlands by lies : fission hereb check one that a 2. The Conservation C work which cannot be conditioned to a. 1- DENIES the proposed a municipal ordinance or bylaw meet the standards set forth in S �ifi�11y• 2. Citation Provides I. MuniciP� Ordinance or Bylaw forward unl Conditions is issued• Which are necessary to Therefore, work on this project may not go f ess and until a reviseCNotice of Intent is submitted whit P to meet these standards, and a final order or measures which are adequatem e bylaw: comply with a municipal ordinance ppPROVES the Proposed work, subject to the following b. R 178 r NORTH ANDOVER 2. Citation CHAPTE additional conditions. AW I. Municipal Ordinance or Bylaw WETLANDS BYL conditions and with the Notice of or differ from the plans, specifications, or other ers that all work shall be performed in accordance with the following Commission ord conditions modify 3 • The Comm with the Notice of Intent, the conditions shall control Intent referenced above. To the extent that the fol owm proposals submittedce or bylaw are as follows: The special conditions relating to municipal ordinance SEE ATTACHED page 9 of 10 * ELECTRONIC COPY provided by MassDEP' ental Protection MassDEp File #-242-1 ent of Environ eDEPTransaction#:3235 AVER etts Departm wetlands CitylTown:NORTHRND Massacbus esource Protection - Bureau of R order of Couditio G Massachusetts Wetlands ProtectL c 131, §40 wpAForm 5 - ctM. ` ion A 41 specified 712612010 final Order unless Otherwiseended 1. Date of Orig E. s�gnatureS from the date of issuan mended Order. Conditions, the 4 this is an be signedbY This Order is valid for three Y the ongmal Order of conditions. 2 Nnnlber of Signers pursuant to General Conditionate riff this form• This Order must also must be mailed Order expires on the cam embers who will sign to the applicant• A copy lumber of m delivered e oval Office, if not filing tate the Winn commission. t requested) or handotection R Please indicate yr o f the Conservation C0� 1 return receipt ental Pr a maj b certffi� mar (return 'ate Department of Environm The Order must be mailed Y time to the aPP licant• d delivered at the same torr er, if different from app or elhanand the property own electronicahY, Joseph Lynch . signatures: (,ouisNapoll DeborahFeltovic �r receipt requested, on r --)6y Certified mail, return Jr by�and on delivery on --21S Date Date s Order, or any ten _ the land subject to this °caner of land abutting nest the appropriate MassDEP eats rightt" reged mail or hand delivery to the App erson aggnev� . this ed, axe, h T by no °f their ngh certified as provided in the owner, any P dislocated ust be made bAct10n Fee Transmittal Form, applicant, uest m of The app e city or town in which such tan nest for Dep of the request shall at the carne time e ersediagorder of Conditions. The appellant residents of the d a completed licant rf h ishe is not the app Regional OffiCe to issue a Supers filing fee an ce of this Order. A cop rop the date of Issuance d to the app ent, vJith the app ten business days from Comrrrission anuued to demonstrate prior - — - - Dept' within to the Conservation with this apPl will be req °f written information to 310 CMR 1p•03 m d delivery certified marl or hand Superseding order associated means the submission written information sent by e aramnt's Sup e permit proceeding erseding order, or providing to aPP' ti1e D P participation in. nesting a Sup ellants seeking s roject Previous P ublic hearing, Any app the review of this P close of the P participation in Commission panto the Order. d how the Order does not on Comm of a Superseding Baled an G L c 131, § 40), and is -- the Conservation prior to rss Order which is being aPP to the Dept ections to the wetlands Protection Act n a unicipal ordinance or bylaw, the 0 3 assachusetts ed on a m and concisely the Order is bas ellate jnrisdretron• nest shall state clearly the interests identified 1the pMTo the extant that ent has no app The req e Protection 310 CMR lations, the Dept' Page 9 of 10 *ELECTRONIC COP`. contribute to th P e wetlands regulations _ . inconsi on the Massachusetts Wetlands Protection Act or regu and not vironmental Protection Masartment of En _Wetlands Bureau Rusetts fur C. COndit1Ons LIDgurea Resource Pr°teCer, C. _Ord c 13'►, §40 WPA �°r WStlands Protection Act M.G.L. Massachusetts tures ise specified as a special E• Signa unless I three years, #4 fro the date of issuance. Provided by MassDEP: 242-1481 MassDEP File # eDEP Transactl on # North Andover cityl7oWn 1. to of 1 ante Number of Signers This Order is valid for 2. Pursuant to General Conditions 'will sign this form' mmission. applicant. A condition p e the number of members who Conservation a majority of the jested) or hand delive ree, the of pP please indica be s gned by return receipt req ropnate D P if different e time to the and the property owner, This Order m ailed by Certified mail ( �,,;o thv, The Order must be ,nailed delivered at the same ust be mailed or hand if not filing copy also m Regional Office, Environmental Protection R 9 from applicant. Signatu s: N ' lail, return receipt by Certified m regUested, 0 1� a by hand delivery On pate Date owner of land abutting the A peals aggrieved by this Order, any such land is located, F • APPea g9 or town in WhichsuchOffice t desert' or any ten residents of the a e MassDEP Reg ail or hand the owner, any p -The', Certified m artmental subject to this Order, ht to request the appropriate be made by jest of Dep s from land subj notified of their rig The request m a completed Req are hereby Order of Conditions riate filing fee and 10 03(7) within ten business day Superseding With the approp a time ca t,sente/she is e artiment, provided in 310 CM jest shall at the sall" to the D p Transmittal Form, asp of the recommission and to the app Action Fee d delivery to the Conservation with this appeal the date of issuance of this Order. A co d certified mail or ha order associate anticipation not the appellant. Superseding prole, ect. previous p attml - P of this p J to appeal the DeP ation in the review prder, or - - - appellants seeking rior particip of written information eoSeding order Conservation Any apps uired to demonstratep submission jesting a Sup Superseding Order. - - - - will be req means the snhearing, req permit proceedingent prior to is of a p in the p rior to the close of the public _ - Commission p Order which is being providing written information to the Departm the objections to the It with the _ . pro and concise y e protection of the i ncons'►ste It v identified in 131, § 40), and is a municipal The request shall state clearly MGL c. Order Is based on ulations, the how the Order dQeSApt lute t0 t that the Act or reg appealed and Wetlands protectionTo the extent = the Massachusetts 310 CMR 10.00) Wetlands Protection wetlands regulations ( the Massachusetts - - law, and not on or by appellate j Department has no app page 11 d ,paiorm5da' rev 031212010 Provided by MassDEP: MassDEP File #:242-1481 Massachusetts Department of Environmental Protection eDEP Transaction 4.323551 SR Mas Wetlands owiiNORTH AND Bureau of Resource Protection - City/T LI(J Order of Conditions c 1�1 §40 WPA Form 5 - Massachusetts Wetlands Protection Act Ivl•G•L � rdin Information of Deeds or the Land Court for the distract m which the land is located, G. Ree g be recorded m the Registry of recorded land, the Final order shall also n nthedorder hathe ll also be This Order of Conditions must In the caseistered land, information on under the name of the owner the land subject to the Order. In the case of reg within rnt the chain of title of the affected property f the owner bj the land subject to the Order of Conditions. The recording Grantor Index and cate of Title o r Of t listed below. noted on the Land Court Certificate this page shall be submittedtoo tth�R servation Commission NORTH Conservation Commission Commission' ................. ................................................ of Deeds and submit to the Conservation d b the Registry •• ....................................... . .................... Detach on dotted line, have stamped .......................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 22 - 24 ASHLAND STREET Project Location Has been recorded at the Registry of Deeds of: County for. Property Owner and has been noted in the chain of title of the affected property in. Book In accordance with the Order of Conditions issued on: Date instrument number identifying this transaction is: If recorded land, the InstrumentNurnber m this transaction is: If registered land, the document number identify g DocumentNumber Signature of Applicant 242-1481 MassDEP File Number Book Page Page Rev. 3/92010 Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242 -1481 „ hereby Conservation Commission (hereafter the Performance Therefore, the North Andover to protect e following conditions are necessary, to al B Law and Regulations, finds that th Standards set forth in the State Regulations, orders that all work shall be performed To the those interests noted above. The NA laps s ecifications or oth conditions and with the Notice of Intent referenced be accordance with said mo difv or differ from the y 11 41 nl GENERAL CONDITIONS : construction of a two story residential duplex work and The proposed work includes drainage and appurtenant two affordable housing are within RiveArea. grading portions of which 20. 21. The work shall conform to the following: Joanne Comerford Applicant: North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 Property Owner: same Notice of Intent Prepared by: Allen & Major Associates, Inc. No P.O. Box 2118 100 Commerce Way Woburn, Massachusetts 01888-0118 Dated: June 24, 2010 Timothy J. Williams, P.E. Site Plans prepared by: Allen & Major. Associates, Inc. with 100 Commerce Way Woburn, MA 018888-0118 Titled: Site Development Plans for Multi -Unit Modular House, 22-24 Ashland Street North Andover, MA C1-05, D1 -D3 Sheets: Cover Drawing, Dated: June 24, 2010 " s used in this Order of Conditions shall renced in the Notice of 22. The term Apefer to the owner, any plicant a Order of Conditions' The NACC shall be odi lace successor in interest or successor in control of the property re t Intent, supporting documents and this portion of property that P in writing within 30 days of all transfer Compliance. S of title of y p prior to the issuance of a Certificate NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc 1 DEP FILE # 242 -1481 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two . periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 242-1481, 22-24 Ashland OOC.doc 2 NACC 7/26/2010 DEP FILE # 242 -1481 win wetland resource areas are affected by the proposed worct and Town ByLaw d Riverfront.noted above resource area is significant to This 32. The folio g the interests of theo and thenot rein. The applicanthasarea to then attempted toovercome interests.vercome the presumption of significance of this resource 33. The NACC inspected and confirmed wetland flags of Mean High Water (MHV) (flags TOB Al -A3) as shown on the revised plan dated and referenced herein. zone 34. The NACC, finds that the intensive use of the upland areas and buffer order o posed on this site will cause further alteration reaof s a twenand resource ve foot 25Te11 Disturbance Zone and any alteration of wetland resource the adjacent fif foot 50' No -Construction Zone shall be established from the record plan referenced the herein of Conservation wetland resource area as depicted oof the NACC do not have the authority to waive these Administrator and/ or other agents setbacks as established under the local bylaw. 35. This document shall be included in all construction contracts,s bcontran acts, and ng specifications dealing with the work proposed urethat fall contractors, subcontractors, and contract requirements. The applicant shall a personnel performing the permitting work are fully aware of the permits terms of and other p conditions. Thereafter, the contractor will be held jointly liable for any Order resulting from failure to comply with its conditions. The owners of the project and their successors in title agree that the used drainage system Order does not in 36. �, proposed itself impose upon the Town anyresponsibility for bill damage in the event of failure. By and that said Town shall not be 1 Yharmless to the Town acce tance of this Order, the owners agree to indemnify andnhdoed ake on this property P al and its residents for any damage of attributable to pursuant to the Order. Issuanotns eratiodoessnot in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRI TO O CONSTRUCTION 37. N o work shall be undertaken until all administrative appeal periods fore the Department elapsed or, if such an appeal e has been filed, until all proceeding or Court have been completed. ly 's Order shall be recorded by the applicant at the Registry of Deeds al be undertakentil�FdnaleOrderer 38. This the expiration of all appeal periods.k ld Court for the district in which the has been recorded in the Registry of Deeds theLanproperty. reco 1 and is located, within the chain of title of the affectedfor Index under the ame land, the Final Order shall also be:oted thein rohe Registry's Granproposed work is to be done. In the case of of the owner of the land upon whichp p NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc DEP FILE # 242 -1481 registered land, the Final Order shall also be noted on the Land Court Certificate of ne. The recording Title of the owner of the land upon which the pposed h Andover ConseOvation Commission on the rk is tbe do information shall be submitted to the No form at the end of this Order prior to commencement ofth the Any by the NACC at the er not recorded by the applicant before work commences may brecorded applicant's expense. 39. A sign shall be displayed at the site not less than two square feet e Number 242-1481" ee square feet in size bearing the words Massachusetts DEP, 40. Any changes in the submitted plans caused by the applicant, aan the NACC forher Board's decision or resulting from this Order of Conditions must be submitted a royal prior to implementation. If the NACC finds said changes ges to be signif significant, the pp pp ) NACC will call for another public hearing (at the expense of th er of days of the close of said public hearing the NACC will issue an amended or n applicant e Odsha 1 Y y Conditions. Any errors found in the plans or information submitted be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) eoensure su eenginthaand t all conditions of this Order of Conditions are complied with. project contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed construction sequence, including a dated timetable of construction, installation of erosion control devices and landscaping. 43. Wetland flagging shall be checked prior to start of construction and shall enumerated e er re-established he where missing. All wetland flagging remain and until a Certificate ofCompliance is approved planof the s) throughout the life project issued so that erosion control measures can be propshal placed clearlyand marwetland ked with eros on be monitored. The proposed limit of work shall be controls or temporary fencing and shall be confirmed by the aunt 1 all c h barrie s hall be checked and replaced as necessary and shall be maintain is complete. Workers should be informed that no use of machinery, occur storage and this line at any or materials, stockpiling of soil, or construction activity is t beyond time. en 44. A row of staked hay bales backed by trenched siltation fence shall 11 be placed betty ailed 1 construction areas and wetlands. The erosion control barrier properly and laced as shown on the plans approved and referenced herein and ti and ha inspected P J and approved by the NACC or its agent prior to the start of co intact until all disturbed areas have been permanently stabilized t und necevent essary ros during All erosion prevention and sedimentation protection measures 242-1481, 22-24 Ashland OOC.doc 4 NACC 7/26/2010 DEP FILE # 242 -1481 construction shall be implemented at the dir impose addection of the NACC or its agent. eect tohmitigate reserves the right to additional conditions on portions of this project an Y impacts which could result from site erosion, or any noticeablodegradation eros erosion controlsurface water quality discharging from the site. For example, installation measures may be required in areas not shown on the plan(s) referenced hall bel i Orderof f Conditions. Should such installation be required by the NACC, they within 48 hours of the Commissions request. 45. All existing and proposed catch basins on the site or on the streets the cetto the drainage sys project shall be protected by Silt Sacks to prey ediment leanedfrom of sednrmentguntil all areas associated Silt Sacks shall be maintained and regularl y c with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 46. The applicant shall have on hand at the start of any disturbance,soil for removal these bales (or an or stockpiling, a minimum of 10 hay bales and sufficient stake equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be d shall not be used for the used only for the control of emergency erosion problems an normal control of erosion. 47. A check payable to the Town of North Andover shall be provided inthewn a oan t the 3'000 which shall be in all respects satisfactory e North Andove�Town, Treasurer through the NACC NACC, and shall be posted with before commencement of work. Said deposit of money shall or bconditioned ties satisfactory to the on the completion of all conditions hereof, shall beshall releasedsigned aftparty er completion of the project, provided NACC, and Town Counsel, an that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The app icant may tions of the propose a oject for theetary NACC's release schedule keyed to completion of specific p review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist (or other environmentalooversee any professional as approved by the NACC or its agenn)dare n lar inspection or Control replacementr placement of sedimentation emergency placement of controls a gu p control devices. The name and phone number of the erosionto be contacted,due to an be provided to the NACC in the event that this person has emergency at the site, during any 24-hour per including weekends. of any matter Environmental Professional will immnotif ediately y the Conservation that requires attention by the Commission or the agent. The erosion control mns ill be required to inspect all such cleaning and the proper op al of waste products. Cleaning shall include removal of any 'apped silt. 49. At least once during each week in which construction acon-site a d for as long thereafter as ground remains unstabilized, the applicant shall submit report from the "Erosion Control Monitor' to the NACC certifying that, to the best o 5 NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc DEP FILE # 242 -1481 his/her knowledge and belief based on a careful site inspection, a {fat al ro ed etb being work is ks are performed in compliance with this Order of Conditions an pp being adhered to. The erosion control monitor must visually inspect forall maintenance sedimentation/ erosion control measures functioning . assume as intendedIn addition, all wetland on a weekly basis and that they are g other water resource areas must be visually inspected for r sshta llturbidity, and/or be on site dur during or following a quality impacts. The Erosion Control Monitor all major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. the 50. Prmarkers ior to construction, the applicant shall permanently mark the edgea ed evenly everyo- 25 Disturbance Zone" with a minimum oft three ted Wetland Resource Area' and associated feet incorporating the following text: P sensitivity and rules 1 square sign to every 2 circular signs). This will designate their permanent markers ( q p assure no further inadvertent encroachment The applcant shall instruct all agents are subject to review and approval by the p to ex lain these markers to buyers/lessees/landscapers and all person �e re laced aser the property from the applicant. The markers shall remain poste an p necessary in perpetuity. f any work on site, a Registered Land Surveyornt will 51. Prior to the commencement o be ver f ed stake the limits of impervious area n the Riverfront. These measure in the field during the pre -construction meeting. 52. The applicant and/or the legal owner of that portion of land upon which theseOrdersof Conditions have been placed shall provide to the N Sub subject to said Orders ogConditions, assigning any portion of said land to anotherparty, J " compliance Certification Form Affidavit" attached via "App applicant o owner has read der the the pains and penalties of perjury, stating that compliance with each and every condition. This these Orders of Conditions and is in compli document shall apply to each of the conditions referenced herein nd11e ll be provided to the Conservation Department at least five (5) business days prior land transaction. 5 3.Once these above mentioned pre -construction requirements aro construction applicant shall shall contact the Conservation office a prior to site p NACC representative, the contractor, wetland arrange an on-site conference scientist and the applicant to ensure that all of the oc � action contractns of this Order s, s subcontracts, and understood. This Order shall be included in all c oposed and shall cting specifications dealing with the work pr h 1 contracors, sube any contractors ors bconand contract requirements. The applicant shall assure that personnel performing the permitted work are fully aware of the permit's terms and otherp P conditions. Thereafter, the contractor will be held jointly liable ly withsconditions. violation The applicant or Order of Conditions resulting from irifailure t of the identity of the on-site construction contractor shall notify the NACo comp g NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc DEP .FILE # 242 -1481 ' d to coordinate construction and to ensure compliance w do methis eting g supervisor hire f the pre -construction reasonable period of time shall be provided as notice o 72 hours). STORMWATER MANAGEMENT CONDITIONS elopment discharges f 54. There shall be no increase in the post devat er drainage alter the post system or any other changes in post developmintdepicted ce is ed in the Notice of Intent and development watershed boundaries as currently p d b this Order of Conditions, unless specifically approved in writing by the approve y Commission. 5. Water quality in down gradient BVW's shall not differ significantlydfollowing be no 5 completion of the project from the pre -development co sedimentation into wetlands or water bodies from discharge pipes or surface runoff sednnen leaving the site. 56. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning the on-site drainage system. ntain 57. The applicants/ owners, and their successors and assignees, shall aind othll culverts, collections basins, traps, outlet structures, subsurface storage areas, e Town of North elements of the drainage system unless put into an easement to t hese failure of the Andover, in order to avoid blockages and or off -siltation ite resoch urce areas, and shall system and/or detrimental impacts to on-site maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION beginning work, the applicant shall submit written monthly progress ticipated to be 58. Upon g geas, and what work has been done in or near resource the constructionasequence. done over the next period. This will up ted engineering and construction standards and procedures shall be followed in 59. Accep the completion of the project. 60. The contractor will take all steps necessary to control dust noccur.oe so that adverse effects on adjacent resource areas and / or habitat do not the contractor shall protect 61. Following completion of the ° ontrol t pren-site under vent sediment system,rain t ime from entering the resource the drain outlet with erose area during the remainder of construction. NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc 7 DEP FILE # 242 -1481 upon completion of the dwelling foundation, an prior 62. IMPORTANT: Immediately the applicant shall complete a to further construction activities associated with LandtSurveyor of the Commonwealth plan prepared by a Registered Professi ons. Said plan shall accurately depicts the foundation location and diti / s proximity to (R.P.L.S.) which a Y wetland resource areas as approved under this Oforeappr 1• be submitted to the Conservation Administrator ss location as the 63. A crushed stone construction entrance shall be in to osiglinim Ze soil/material tracking shown on the approved plans referenced here onto the roadways and paved surfaces. This entrance shall be reinforced and cleaned as necessary throughout the duration of construction. e t fence 64. Erosion control devices shall be inspected regularly; any entrapped silt shall b ce areas; removed to an are a outside of the buffer zone and wetland restruction shall remain in areas of and hay bales shall be replaced as necessaru tioeday. All erosion controls shall be he stable condition at the uration ofcany construction on site or unless authorized y place throughout the Conservation personnel. ' are proposed. If emergency de -watering requirements hich 65. No dewatering activities p p ettlin basin to reduce turbidity the applicant shall submit a contingency plan to the Comm' ommission for pp P rovides for the pumped water to bed. Atrng of hay bales shall surround the shall be prior to discharge into a resource a Monitor. This designee discharge are a and a silt sock shall be used. De -watering to iM ins anticipate supervised and witnessed by the des specific t deigna-watering ering aed ctivities are occurring and ensure until must be on-site while work spe - Activities shall be monitored daily by the Environmental to dis discharge toward the complete. A = that sediment laden water is appropriately e of wat settled is allowed directly into an area subject wetland resource areas. No discharge or the North And jurisdiction under the MA Wetlands Protection Act and / Ito J Wetlands Bylaw. no 66. Any fill used in connection with this project shall be clean fill, containingster�v�ire�, fuse rubbish or debris, including but not limited motor,vehicle or parts on any re tires, ashes, refrigerators, lath, paper, cardboard, pipe, of the foregoing. s shall be immediately landscaped and stabilized, 67. All exposed soil finish grade surface ber 1st year. Outside e the -_: seeded and mulched, with a layer of mulch has o 11 disturbed areas or loamed, se be graded, loamed and seeded prior t sae urfaces shall be stabilized with a layer of area of growing season, exposed soil finish 11 be stabilized with a layer -' until climate conditions allow for seeding. During construction, any mulch hay30 soils that will be left idle for more than NACCYs shall exposed roved by th of mulch hay or other means app NACC 7/26/2010 land OOC.doc 242-1481, 22-24 Ash DEP FILE # 242 -1481horizontal'. 68. No re -grading in the buffer zone shall have a slope steepethan 2:ermanent vertical). Slopes of steeper grade shall be rip -rapped to provide stabilization. 69. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a wetland resource area. of soil or other materials within 100r et of )Proved b this source 70. There shall be no stockpiling Y as shown on the approved plan referenced area. Soils or other materials shall be stockpiled in locations ap department or within the designated are herein. 71. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. activity shall be contained the construction a tY 72. All waste generated by, or associatedai an' y wetland resource area. There shall be no within the limit of work, and Y ears at the site burying of spent cons truction materials or disposal of waste onbtl � to by any other means. The applicant shall maintain dumpsters (or other suitable. However, no for the storage and removal of such spent construction materials tection under the Act trash dumpsters will be allowed within 50' of areas subject to p or local Bylaw. his ro'ect, there shall be no discharge or spschar ellage fof any r 73. During and after work on t p jhall be notified by the other pollut ants into any wetland resource area. If the se is a spill or g ollutant during any phase of construction the NAC p 'Hess day. No construction vehicles are to bestored lubrication, or applicant within one (1) busi Y refueling,equipment 100 feet of wetland resource areas, and no vehicle a resource area. maintenance is to be done within 100 feet o AFTER CONSTRUCTION f fuel oils shall be all on any lot withi�o Order of 74. No underground storage o This condition is issued under 00 feet of any wetland resource area. This conodeTon shall survive (Conditions and shall run with the title of the p p tY wn s Wetland protection Bylaw. the authority of the To _ itro en 'zed for landscaping and lawn care shall be u°c area. sPesticides and 75. Fertilizers utile types (< 5%), and shall not be used within0 feet of a wetland resource area. This conditionis _ herbicides shall not be used within nd Protection Bylaw and - shalltioni survive this Order of Conditions and shall run wWetlae title of the property condition is issued under the authority of the Town s shall remain in perpetuity. NACC 7/26/2010 242-1481, 22-24 Ashland OOC.doc 9 DEP FILE # 242 -1481 leaves, ass .clippings brush, or other debris into a e shall be no dumping of lea , ur There isturbanCe Zone. This condition shall remain in 76. Th wetland resource area or the NO_Disturbance perpetuity and grading, all disturbed areas located be done by 77. utside Upon completion of construction a �' resource areas shall be stabilized permanently against erosion- ilization will be considered loaming and seeding according to NRCS standards. achieved. a complete once full vegetative cover has ee erosion controls shall be ed site stabilization by Conservation staff, th approved exposed unvegetated areas shall be seeded. 78, Upon app properly disposed of and all p removed and prop y the licant shall submit the folloCo nngto the h Compliance*. 79. Upon completion Of the project Pl' Commission as part of a request for a Ce 1 ancee o p ic Conservation Comms Compliance. A Form 8A - "Request for a C rla Ce°tai ate of Comp a licant requesting b. A letter from the app . ual property owners shall be submitted dwith C. The name and address of the currentddlapdowner. ead d. Signed statements fro m the of hance indicating that t eY r their property. the request for a Certificate of Comp prior to Purchasing ur h {o Wtheir hom the understood the recorded Ordendiv dual/trof us or corporate e. The name and address of the tuber for the project. compliance is to be granted. ' Parcel nu f • The street address and assessors map/ P from a Reg istered professional Civil Engineer (and/or g. The DEP file number. e or of the Commonwealth certifying that the h. A written statement Lan Sury y ) and documents re Registered Professional ced k has been conducted as shown ossPOan(s Professional work e pared and signed and stamped by a yor) o t above, and as conditioned by the O i An " As -Built" plan pr P y of the ' eer and/ or Registered professional Land Sncluder Civil Engin Commonwealth, for the public record. This p stormwater a e& E wetland resource t all U1 As -Built" post -development elev d within 100 feet of any esu the management structures constructs exist artially within area. NOTE: If portions of the stormw us be depicted t accurately verify Buffer Zone than the entire structure m compliance. or grades of all de which is "As -Built" post -development elevthe enc passing buffer Bylaw. wetland resource areas including regulated as a resource area under the local Wetland Protection Y wetland resource areas. ca es sheds,(but ➢ Distances from structures to fences, sheds, stone are not limited to) septic systems, ties and decks. pools, retaining walls, sub NACC 7/26/2010 10 242_1481, 22-24 Ashland oOC.doc DEP FILE # 242 -1481 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes pLny disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Cons areas approved uctionZone shall be established from the edge of adjacent wetlandresource under DEP # 242-1481. Future work within 100 a separate wetland filing with the resource areas or the 200' Riverfront will require NACC (refer to Section 3.4 (page 15) of thelations for performance Administrator and/or standards within these zones) The Conservation other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition #50); ➢ Discharge or spillage of pollutants (Condition #73); ➢ Prohibition of underground fuels (Condition #74); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #75). ➢ No dumping of leaves or brush (Condition #76) 242-1481, 22-24 Ashland OOC.doc 11 NACC 7/26/2010 DEP FILE # 242 -1481 APPENDIX A - AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by' (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1481, 22-24 Ashland OOC.doc 12 NACC 7/26/2010 I 0 4"!W0ay Y'tiyy t�,k l�ti�.s .; L4f�CA, 0 'Al f k�1 l Ij i L r gam.• AML' �Li tsifa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . I .. February 1919 91 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday .... evening .... the .12th day of . March 19. . 91, at .7 : 30'clock, to all parties interested in the appeal of ....North Andover. Housing.Authoruty requcmw vxxklxkmockgxmxxxxxxxxxxxxxxxxx#A- kpx X1X,T1X- W Comprehensive Permit under - MGL, Ch. 40-B for modification of the requirements of the fire lane on the northeasterly side of the building; and modification -of the plans showing -the -foot print of the building being shifted 3.5 feet from the norhteasterly . ........ ... .. .. property line. on the premises, located daat. .. 22_24 Ashland Street .. By OrderCSC of the of Appcnls c - Frank Serio, Jr., Chairman Publish in N. A. Citizen on Feb. 27 and March 6, 1991 Bill to: North Andover Housing Authority, One Morkeski Meadows, North Andover, MA 01845 G 5 Gov _ej 19 i :Y LEGAL NOTICE TOWNOFNORTIfANDOVER BOARIID OF APPEALS FebruNotice Is hereby giveh that the Board of Ay 19, 1991 give a hearing at the Town Bull Appeals will ? .on Tuesdayg. North Andover, evening tl�e 121h day of March 1981, at 7:30 o'cfock to all parties Interested In the appeal of North Andover Nouelitg Authority requesting a Comprehensive PermM under MGL, Ch. 40-B for Modification of the requirements of the fire lane on I's northeasterly side Of the building; and Modlfica- .y tion of the plans If the foot print of the building being sh(fted 3.5 feet from the nonheasierly property .line• on the premises, located at 22-24 Ashland Street , By Order of the Board of Appeals NAC: 2/27. yg/gi (Frank Serio, Jr., Chairman In W 1: c4 4 ) 04 134 X .C4 1 Z -:):z Z 03 in 13N Q Any app^al shall be fi!ed n� wwithin(..�7_., day c .i . e [;;i FoLice in the Off"ice of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * North Andover Housing Authority One Morkeski Meadows * North Andover, MA 01845 * Petition: #141-90 DECISION - h ..P 1:! I The Board of Appeals held a public hearing on Tuesday evening,.March 12, 1991 at 7:30 p.m. upon the application of the North Andover Housing Authority re- questing a Comprehensive Permit, Chapter 40B for modification of the require- ments of the fire lane on the northeasterly side of the building; and modif- ication of the plans showing the foot print of the building being shifted 3.5 feet from the northeasterly property line on the premises:located at 22-24 . Ashland Street. The following members were present and voting: .Frank Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 27, 1991 and March 6, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the.Board voted, unanimously, to GRANT the Comprehensive Permit as requested. The applicant must construct the project in accordance with all applicable, State and North Andover rules and regulations unless otherwise specified here- in or unless otherwise provided by this Board. Dated this 14th day of March, 1991. Sincerely,BOARD OF APPEALS 01 Frank Serio, Jr' Chairman /awt 0 Any appeal shall be filed da',::'' Of�iilS i'iO;ICe in the Office of ;lie Town Clerk. .. AML TOWN OF NORTH ANDOVER MASSACHUSETTS North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 BOARD OF APPEALS NOTICE OF DECISION Date .. March • 14•,• •1991......... . Petition NO... 14179.Q ............. Date of Hearing.. March .12,, 1991. Petition of ... North .Andover ,Housing ,Authority ........................................ ................................ Premises affected ..22-24. Ashland, Street .............................................. Referring to the above petition REQUESTING. A ... COMPREHENSIVE PERMIT UNDER MGL, CH. 40-B FOR MODIFICATION OF THE REQUIREMENTS OF THE . FIRE. LAN E. ON. THE .NORTHEASTERLY. .SIDE. OF. THE . BUILD.ING:. AND. MODIFICATION. OF. THE . . PLANS SHOWING THE FOOT PRINT OF THE BUILDING BEING SHIFTED 3.5 FEET FROM THE NORTH- sfX. EASTERLY. PROPERTY. LINE. ON. THE .PREM.I.SES .LOCAT.ED .AT. 22.-24 .ASHLAND .ST. After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the ...... COMPREHE.N..SIVE . PERMIT AS REQEST[Rd hereby authorize the Building Inspector to issue a ............. permit to .... North - Andover • Housing • Authority . . . . . . . . Signed ........F......Serio ....Walter. Soule,. Clerk .......... ...... RaymQnd. V.ix(mzi0................ ..... Louis. Riss.in................... ................................. Board of Appeals T!U NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS c� 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department To: Mr. Frank Serio, Chairman N. Andover Board of Appeals From: Fire Chief Dolan Re: 22-24 Ashland Street Date: March 1, 1991 Tel. (508) 686-3812 The Fire Department has no objection to the plan as sub= mitted and dated July 11, 1990. On Friday, March 1, I met with Mrs. Hope Minicucci regarding this plan. Neither Mrs. Minicucci nor the Fire Department had seen this plan. The Fire Department withdraws its' 3601 access requirement given the fact that the building will be fully sprinklered in accordance with NFPA 13D and that the plan dated July 11, 1990 is the plan utilized for the construction of these dwellings. Thank you for communicating this information to us and if there are any questions please call us. The Fire Department does not intend to present at your March 12th meeting since our acceptance of the plan makes the matter of the appeal mute. D�tiW„" /� is, " (, William V. Dolan, Fire Chief cc: Hope Minicucci "SMOKE DETECTORS SAVE LIVES" AORTII O� 9 9q o:.�� _' ro ,BSACHu t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MR.MOR ANTITTM TO: Chief Dolan, Fire Department FROM: Frank Serio, Jr., Chairman ,,,,'% -t RE: Modification of Petition #126-90 DATE: February 19, 1991 Attached is a copy of the application submitted to our Board regarding modification of Petition X6126-90 by the North Andover Housing Authority. The premises affected are 22-24 Ashland Avenue. The Board would like your opinion on this request before the next meeting night, March 12, 1991 Thank you for your prompt attention to this matter. /awt a ' MEMORANDUM IN SUPPORT OF REQUEST FOR CHANGE PURSUANT TO 760 CMR 31.03(3) INTRODUCTION: All application materials for a comprehensive permit to construct four units to be located at 22-24 Ashland Street, North Andover, Massachusetts (the "Project") were submitted to the Board of Appeals (the "Board") by the North Andover Housing Authority (the "Applicant") by September 26, 1990. On October 9, 1990, the Board opened the public hearing on the Project, which was continued to November 13, 1990 and then to a special meeting on November 19, 1990. The Board, at a meeting held November 26 1990, granted a comprehensive permit to the Applicant. The permit was filed with the Town Clerk on November 28, 1990. No appeal was taken from this decision within the 20 day statutory appeal period as certified by the Town Clerk. A copy of the permit is attached as Exhibit A hereto. FACTS: The Applicant is proposing to construct four units of family housing with funds made available under the Chapter 705 Program, a state program which provides funding for local housing authorities to construct low income family housing. The new units were replacing a condemned building on the site, which contained four units. The proposed units will be situated in approximately the footprint of the existing building. The Applicant in designing the new building provided several features that improved livability and safety for the new tenants. The existing building provided for parking along the access driveway to the building in the rear. The new plan moves the parking from the driveway of the northend of the new building giving greater access to emergency vehicles. The driveway was then moved away from the building to allow some landscaping between the building and driveway, creating a buffer for pedestrians and occupants of the building. The parking in the rear of the lot was rearranged to increase capacity from nine vehicles to twelve vehicles. The new configuration of the parking area still allowed sufficient access for emergency vehicles. To. improve safety for the building and the abutting home on the northeasterly side of the property, the footprint of the building was moved away from the property line. To minimize fire damage and increase resident safety, sprinklers will be installed in all units. The Applicant proposed for the area between the northeasterly (rear) side of the building and the abutting property was a limited backyard space for the tenants. This area would include a small patio for table, chairs and a barbecue. The Applicant, in order to make the rear of the building accessible to emergency vehicles, would provide: (i) that the dividing fence between the yard areas for Units b and c would be a so called "knockdown" fence to allow access to emergency vehicles, and (ii) a stabilized surface to allow for such access constructed with eight inches of crushed gravel and two inches of top soil. At the hearings, the fire chief requested and was granted a twelve foot wide macadam/grasscrete surface behind the building with no u obstructions (tables, chairs, etc.) and year round maintenance. Thereby, creating no backyard space for the units. ISSUE: Is the condition of the permit that a paved 360 degree fire access to a building consistent with local needs. ANSWER: No, based on a balancing of the planning needs of the community, (fire protection and safety), and the development of affordable and livable housing for persons of low and moderate income. ARGUMENT: The requirement for paved 360 degree access to the building falls short both on planning issues and on affordability and liveability issues. The requirement for 360 degree access is not sanctioned or justified by any statute or regulation. The proposed four -unit dwelling will actually have 360 degrees of access. The building will be directly accessible from the south on Ashland Street, from the west by a 20 -foot wide driveway and from the north by a parking area. On the northeasterly side of the building, the applicant has proposed two patios with collapsible privacy screens. This is to satisfy the requirements of the Executive Office of Communities and Development ("EOCD") that each tenant has a backyard area. The Applicant has proposed that there will be a gravel subbase on the northeasterly side of the building leading to the patios and that the privacy fences will be collapsible so that fire department apparatus will have access to the easterly side of the building in addition to the other three sides. This area on the northeasterly side of the building has been expanded from the original proposal approved by the Board to 13.5 feet at its narrowest point and 19.5 feet at its widest point along the building. The present structure leaves only 11.7 feet between the building and the property line. It is important to note that the Fire Department has required this building to be fully sprinklered, making the possibility of a fully involved fire highly unlikely. It is also important to note that access to all four dwelling units is available without using the northeasterly side of the building. It is also unlikely that the northeasterly access, even if available, would be used by the Fire Department in the event of a fully involved fire because it would require the placement of expensive Fire Department apparatus extremely close to the building. The proposed access as shown on the current site plan more than complies with existing regulations and provides a high margin of safety. The Board of Fire Prevention regulations found at 527 C.M.R. 25.07, which was cited by the Fire Chief at the hearings, require "a suitable paved access for fire apparatus on at least one side of (a multi -family) structure." This -2- Project provides such access on three sides as well as additional partially unpaved access on the fourth side. There is no statute, regulation or indeed any other Fire Department policy in the Commonwealth requiring paved 360 degree access for a fully-sprinklered, four -unit dwelling. Notwithstanding the issues revolving around the need or lack thereof for paved 360 degree access are the issues of affordability and liveability. The cost of constructing the paved access and maintaining this access from ice, snow and other obstructions could be prohibitive. The cost of construction of the Project is being funded through the Chapter 705 Program by EOCD. These are scarce resources to be wasted on costs that are not necessary or required by law. The cost of maintaining this Project will be borne by the Applicant. The Applicant receives funds from the Commonwealth to maintain its properties. These funds have been cut 4% by the Commonwealth and are likely designated for more cuts as the Commonwealth's budget crisis worsens. The key in any affordable development is to construct cost efficient (both construction and maintenance) and safe homes for persons of low or moderate income. The last issue is one of liveability. The prospect of having a twelve foot wide paved backyard with no provisions for tables, chairs or barbecues drastically reduces the liveability and comfort of these homes. The Board would be hard pressed to prove (i) that proper emergency access and protection has not been provided and (ii) of many other affordable or market developments that require paved 360 degree access in North Andover or in any other community in the Commonwealth. CONCLUSION: The Project provides sufficient emergency access and protection without the requirements of providing paved 360 degree access. Further, the need for affordable and liveable housing outweighs the perceived planning needs of the community. The Applicant respectively requests that the comprehensive permit be modified to remove the requirements of a paved 360 degree access and the shift of the building foot print as outlined in the request for modification. .4747.WP. -3- a Davis, MALL & D'AaosTINE ONE BOSTON PLACE BOSTON, MASSACHUSETTS 02108 (617) 367-2500 Zoning Board of Appeals Town of North Andover 120 Main Street North Andover, Massachusetts 01845 Attn: Frank Serio, Jr., Chairman NOR1N Mf,, iIER FEB 15 8 43 A ' I February 14, 1991 Re: 22-24 Ashland Street, North Andover, Massachusetts (Petition No. 126-90) Dear Mr. Serio: On behalf of the North Andover Housing Authority, I am proposing several changes in the comprehensive permit granted by the North Andover Board of Appeals dated November 26, 1990. These changes include: (i) modification of the requirement of the fire lane on the northeasterly side of the building; and (ii) modification of the plans showing the foot print of the building being shifted 3.5 feet from the northeasterly property line. The elimination of the requirements of the paved fire lane behind the building to allow the tenants of the units to use this space as backyard area, may be accomplished by modifying the conditions to the permit as follows: 1. The privacy fence separating the backyard areas for units b and c on the northeasterly side of the building must be constructed of materials that would allow emergency vehicles to knockdown the fence during an emergency. 2. The thirteen and one-half (13.5) foot wide surface area between the building and the property line on the northeasterly side of the property shall be a stabilized surface constructed of crushed gravel subbase, eight inches deep, with two inches of top soil and grass, to allow for access by emergency vehicles. 3. The street side of the building shall have a grass area between the street and the building with a curb to allow access by emergency vehicles to the rear of the building. North Andover Zoning Board of Appeals February 14, 1991 Page 2 4. The area behind the building on the northeasterly side shall be maintained so as to allow use of the secondary access to each unit. 5. The new plans should indicate all of the above conditions. This change does not impact access by emergency vehicles to the building. A brief memorandum in support of this request is attached. The enclosed plans reflect the changes to the proposed fire lane. The plans also reflect a shift of the building's foot print three and one-half (3.5) feet from the northeasterly property line towards the southwesterly property line. This is reflected by the shift in distance between the building and the southwesterly property line from thirty (30) feet to twenty-six and one-half (26.5) feet. The three and one-half (3.5) feet difference is not shown to the rear of the building (northeasterly side) because of the extension of the stairway enclosure by two (2) feet. This extension provides better headroom on the stairs into the basement. The shift does increase the distance between the building and northeasterly property line by one and one-half (1.5) feet from twelve (12) feet to the thirteen and one-half (13.5) feet. This minor change improves safety and provides greater headroom on stairs and provides greater distance between the building and the northeasterly property line, without comprising any other planning concerns. For your convenience, I have enclosed one copy of the original application, abutters list and your decision. If you have any questions, please call me. Sin ely, Charles G. Agule CGA/ew Enclosure cc: Hope Minicucci David Whalen Sheldon Pennoyer ►4746.WP< MEMORANDUM IN SUPPORT OF REQUEST FOR CHANGE PURSUANT TO 760 CMR 31.03(3) INTRODUCTION: All application materials for a comprehensive permit to construct four units to be located at 22-24 Ashland Street, North Andover, Massachusetts (the "Project") were submitted to the Board of Appeals (the "Board") by the North Andover Housing Authority (the "Applicant") by September 26, 1990. On October 9, 1990, the Board opened the public hearing on the Project, which was continued to November 13, 1990 and then to a special meeting on November 19, 1990. The Board, at a meeting held November 26 1990, granted a comprehensive permit to the Applicant. The permit was filed with the Town Clerk on November 28, 1990. No appeal was taken from this decision within the 20 day statutory appeal period as certified by the Town Clerk. A copy of the permit is attached as Exhibit A hereto. FACTS: The Applicant is proposing to construct four units of family housing with funds made available under the Chapter 705 Program, a state program which provides funding for local housing authorities to construct low income family housing. The new units were replacing a condemned building on the site, which contained four units. The proposed units will be situated in approximately the footprint of the existing building. The Applicant in designing the new building provided several features that improved livability and safety for the new tenants. The existing building provided for parking along the access driveway to the building in the rear. The new plan moves the parking from the driveway of the northend of the new building giving greater access to emergency vehicles. The driveway was then moved away from the building to allow some landscaping between the building and driveway, creating a buffer for pedestrians and occupants of the building. The parking in the rear of the lot was rearranged to increase capacity from nine vehicles to twelve vehicles. The new configuration of the parking area still allowed sufficient access for emergency vehicles. To improve safety for the building and the abutting home on the northeasterly side of the property, the footprint of the building was moved away from the property line. To minimize fire damage and increase resident safety, sprinklers will be installed in all units. The Applicant proposed for the area between the northeasterly (rear) side of the building and the abutting property was a limited backyard space for the tenants. This area would include a small patio for table, chairs and a barbecue. The Applicant, in order to make the rear of the building accessible to emergency vehicles, would provide: (i) that the dividing fence between the yard areas for Units b and c would be a so called "knockdown" fence to allow access to emergency vehicles, and (ii) a stabilized surface to allow for such access constructed with eight inches of crushed gravel and two inches of top soil. At the hearings, the fire chief requested and was granted a twelve foot wide macadam/grasscrete surface behind the building with no a obstructions (tables, chairs, etc.) and year round maintenance. Thereby, creating no backyard space for the units. ISSUE: Is the condition of the permit that a paved 360 degree fire access to a building consistent with local needs. ANSWER: No, based on a balancing of the planning needs of the community, (fire protection and safety), and the development of affordable and livable housing for persons of low and moderate income. ARGUMENT: The requirement for paved 360 degree access to the building falls short both on planning issues and on affordability and liveability issues. The requirement for 360 degree access is not sanctioned or justified by any statute or regulation. The proposed four -unit dwelling will actually have 360 degrees of access. The building will be directly accessible from the south on Ashland Street, from the west by a 20 -foot wide driveway and from the north by a parking area. On the northeasterly side of the building, the applicant has proposed two patios with collapsible privacy screens. This is to satisfy the requirements of the Executive Office of Communities and Development ("EOCD") that each tenant has a backyard area. The Applicant has proposed that there will be a gravel subbase on the northeasterly side of the building leading to the patios and that the privacy fences will be collapsible so that fire department apparatus will have access to the easterly side of the building in addition to the other three sides. This area on the northeasterly side of the building has been expanded from the original proposal approved by the Board to 13.5 feet at its narrowest point and 19.5 feet at its widest point along the building. The present structure leaves only 11.7 feet between the building and the property line. It is important to note that the Fire Department has required this building to be fully sprinklered, making the possibility of a fully involved fire highly unlikely. It is also important to note that access to all four dwelling units is available without using the northeasterly side of the building. It is also unlikely that the northeasterly access, even if available, would be used by the Fire Department in the event of a fully involved fire because it would require the placement of expensive Fire Department apparatus extremely close to the building. The proposed access as shown on the current site plan more than complies with existing regulations and provides a high margin of safety. The Board of Fire Prevention regulations found at 527 C.M.R. 25.07, which was cited by the Fire Chief at the hearings, require "a suitable paved access for fire apparatus on at least one side of (a multi -family) structure." This -2- Project provides such access on three sides as well as additional partially unpaved access on the fourth side. There is no statute, regulation or indeed any other Fire Department policy in the Commonwealth requiring paved 360 degree access for a fully-sprinklered, four -unit dwelling. Notwithstanding the issues revolving around the need or lack thereof for paved 360 degree access are the issues of affordability and liveability. The cost of constructing the paved access and maintaining this access from ice, snow and other obstructions could be prohibitive. The cost of construction of the Project is being funded through the Chapter 705 Program by EOCD. These are scarce resources to be wasted on costs that are not necessary or required by law. The cost of maintaining this Project will be borne by the Applicant. The Applicant receives funds from the Commonwealth to maintain its properties. These funds have been cut 4% by the Commonwealth and are likely designated for more cuts as the Commonwealth's budget crisis worsens. The key in any affordable development is to construct cost efficient (both construction and maintenance) and safe homes for persons of low or moderate income. The last issue is one of liveability. The prospect of having a twelve foot wide paved backyard with no provisions for tables, chairs or barbecues drastically reduces the liveability and comfort of these homes. The Board would be hard pressed to prove (i) that proper emergency access and protection has not been provided and (ii) of many other affordable or market developments that require paved 360 degree access in North Andover or in any other community in the Commonwealth. CONCLUSION: The Project provides sufficient emergency access and protection without the requirements of providing paved 360 degree access. Further, the need for affordable and liveable housing outweighs the perceived planning needs of the community. The Applicant respectively requests that the comprehensive permit be modified to remove the requirements of a paved 360 degree access and the shift of the building foot print as outlined in the request for modification. ►4747.wP. -3- ' Received by Town CLerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS TE/:0 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE North Andover One Morkeski Meadows Applicant Housing Authority__ _Address Nprth Anrini,ar_ MT A 01845 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph --of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. d) For an application for a comprehensive Permit under MGL Ch. 40B 2. a) Premises affected are land _xand buildingls) x numbered 22-24 Street. b) Premises affected are property with frontage on the North (}q South ( ) East ( ) West ( ) side of Ashland StrPPt Street, and known as No. --.--22-24 ASFland street. c) Premises affected are in Zoning District R-4, and the premises affected have an area of sgenc -square feet and frontage of feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): North Andover Housing Authority One Morkeski MeadowsL North Ando "yeg.MA 01845 Date of Purchase 10/29/85 Previous Owner John & Linda Grom Ko b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.;Size of proposed building:.seeflans front; feet deep; n —' Height stories; ---feet. a) Approximate date of erection: commence construction late Fall 1990 b) Occupancy or use of cacti floor: residential housing c) Type of construction: wood frame - 5. Size of existing building:_____ feet front; _ feet deep; Height __stories; Leet. see plans - to be demolished a) Approximate date of erection: b) Occupancy or use of each floor: N/A _ c ) Type of construction:NLA G. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? A decision by the Board of Appeals was issued on Decmeber 22, 1986 which affected this piece of property. The four unit structure described in that permit is being demolished and being replaced with four brand new ,townhouses. 1rt'. Description of relief sought On this petition ':'Relief from zoning use and dimension requirements 3.�..Deed recorded in the Registry of Deeds in Book's Page Land Court Certificate No. 9835 Book 69 Page 'he principal points upon which I base,my application are as follows: ;must be. stated in detail) See attached application '^ agree to pay the filing fee, advertising in newspaper, and incidental :xpenses* /I 1 'Signature of Petitio erer7s) ;very application for' action by the Board shall be made on a form approved y_• the Board. These forms shall be furnished by the Clerk upon request. ny communication purporting to be an application shall be treated as mere otice of' intention to seek relief until such time -as it 'is .made on the fficial application form. All information called for by the form shall e furnished by the applicant in the manner'therein:iprescribed. very -application shall be submitted with a list of -."Parties In Interest"• hick list shall-include.the petitioner,,abutters, owners of land directly pposite on any public.or private street or way, and abutters to the butters ;within' three hundred feet (300'.) of the property line of the etitioner' as they appear_on the most recent applicable tax list, -)twithstanding that the land of any such owner is located in another city town, the Planning Board of the city or town,.and the Planning Board of:: ,ery abutting city or town. .very application shall be submitted with an application charge cost in ie amount' of $25.00. In addition, the petitioner shall be' responsible )r any and all costs involved in bringing the. petition before the Board.;:• uch,,costs shall include mailingand publication, but are not necessarily..,..:.., imited to these. .. very application shall be submitted with a plan of land approved by the yard.- No petition will be brought before the Board unless said plan has aen submitted. Copies of the Board's requirements regarding plans are ttached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST V se_ T e. r LIST OF PARTIES OF INTEREST Man 4 n not, 4 TTT- - ii I ivcu-aL. (-1UUhLbb I Petticoat Junction Condo's P. 0. Box 360,N.Billerica,MA01862 IC/O Robert Biresak Arbor Associates P. 0. Box 360,N.Billerica,MA01862 Robert iresa Gail Buturilia 616 Sharpners Pons Rd,N.Andover MA Uib4b— Crishab Realty Trust 201 Lawrence Road, Salem, NH 03079 B & M Ra-lroad Ironhorse Park N. Billerica, MA 01862 Alr.�z. liv 5- i in the Office of. the Gown Clork. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 Petition of ......North Andover Housing Authority REu!Vf:r) OIIN!Fl ! o'd; NORT;i ;I -!'OYER NOV 79 q ?5 AH '90 Date . ,November 26, ......1990 ........ Petition No... 126-90 Date of Hearing..Novembe.r 19,. 1990 Premises affected 22724.4shland Street ............................................... Referring to the above petition for a 4t -comprehensive. Permit, Chapter 40B, Sec. 21 of Mass. General Laws for the construction of subsidized--multi-family dwelling units ..... ....................................... After a public hearing given on the above date, the Board of Appeals voted to . GRANT..... the Comprehensive Permit and hereby authorize the Building Inspector to issue a permit toNorth. Andover. Housing Authority.. . for the construction of the above work, based upon the following conditions: See attached list of conditions Signed? rank. Serio, . r.... -Chairman ....... . William Sullivan.,..Viceychairman.. Walter. Soule, . Clerk ....... .... . ....Louis Rissin..................... ................................. Board of Appeals North Andover Housing Authority DECISION - Petition 1126-90 Granted with the following conditions: 1. The twelve(12) foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building, that is a "knockdown fence". 2. The surface of the access lane shall be MacAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year round providing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. filmed InY app ca! sha!f be r the uf',c Within �f tols Notice date of ii,;n;, jOW11 Office of, the - in the �, t MEMORANDUM IN SUPPORT OF REQUEST FOR CHANGE PURSUANT TO 760 CMR 31.03(3) INTRODUCTION: All application materials for a comprehensive permit to construct four units to be located at 22-24 Ashland Street, North Andover, Massachusetts (the "Project") were submitted to the Board of Appeals (the "Board") by the North Andover Housing Authority (the "Applicant") by September 26, 1990. On October 9, 1990, the Board opened the public hearing on the Project, which was continued to November 13, 1990 and then to a special meeting on November 19, 1990. The Board, at a meeting held November 26 1990, granted a comprehensive permit to the Applicant. The permit was filed with the Town Clerk on November 28, 1990. No appeal was taken from this decision within the 20 day statutory appeal period as certified by the Town Clerk. A copy of the permit is attached as Exhibit A hereto. FACTS: The Applicant is proposing to construct four units of family housing with funds made available under the Chapter 705 Program, a state program which provides funding for local housing authorities to construct low income family housing. The new units were replacing a condemned building on the site, which contained four units. The proposed units will be situated in approximately the footprint of the existing building. The Applicant in designing the new building provided several features that improved livability and safety for the new tenants. The existing building provided for parking along the access driveway to the building in the rear. The new plan moves the parking from the driveway of the northend of the new building giving greater access to emergency vehicles. The driveway was then moved away from the building to allow some landscaping between the building and driveway, creating a buffer for pedestrians and occupants of the building. The parking in the rear of the lot was rearranged to increase capacity from nine vehicles to twelve vehicles. The new configuration of the parking area still allowed sufficient access for emergency vehicles. Toimprove safety for the building and the abutting home on the northeasterly side of the property, the footprint of the building was moved away from the property line. To minimize fire damage and increase resident safety, sprinklers will be installed in all units. The Applicant proposed for the area between the northeasterly (rear) side of the building and the abutting property was a limited backyard space for the tenants. This area would include a small patio for table, chairs and a barbecue. The Applicant, in order to make the rear of the building accessible to emergency vehicles, would provide: (i) that the dividing fence between the yard areas for Units b and c would be a so called "knockdown" fence to allow access to emergency vehicles, and (ii) a stabilized surface to allow for such access constructed with eight inches of crushed gravel and two inches of top soil. At the hearings, the fire chief requested and was granted a twelve foot wide macadam/grasscrete surface behind the building with no v obstructions (tables, chairs, etc.) and year round maintenance. Thereby, creating no backyard space for the units. ISSUE: Is the condition of the permit that a paved 360 degree fire access to a building consistent with local needs. ANSWER: No, based on a balancing of the planning needs of the community, (fire protection and safety), and the development of affordable and livable housing for persons of low and moderate income. ARGUMENT: The requirement for paved 360 degree access to the building falls short both on planning issues and on affordability and liveability issues. The requirement for 360 degree access is not sanctioned or justified by any statute or regulation. The proposed four -unit dwelling will actually have 360 degrees of access. The building will be directly accessible from the south on Ashland Street, from the west by a 20 -foot wide driveway and from the north by a parking area. On the northeasterly side of the building, the applicant has proposed two patios with collapsible privacy screens. This is to satisfy the requirements of the Executive Office of Communities and Development ("EOCD") that each tenant has a backyard area. The Applicant has proposed that there will be a gravel subbase on the northeasterly side of the building leading to the patios and that the privacy fences will be collapsible so that fire department apparatus will have access to the easterly side of the building in addition to the other three sides. This area on the northeasterly side of the building has been expanded from the original proposal approved by the Board to 13.5 feet at its narrowest point and 19.5 feet at its widest point along the building. The present structure leaves only 11.7 feet between the building and the property line. It is important to note that the Fire Department has required this building to be fully sprinklered, making the possibility of a fully involved fire highly unlikely. It is also important to note that access to all four dwelling units is available without using the northeasterly side of the building. It is also unlikely that the northeasterly access, even if available, would be used by the Fire Department in the event of a fully involved fire because it would require the placement of expensive Fire Department apparatus extremely close to the building. The proposed access as shown on the current site plan more than complies with existing regulations and provides a high margin of safety. The Board of Fire Prevention regulations found at 527 C.M.R. 25.07, which was cited by the Fire Chief at the hearings, require "a suitable paved access for fire apparatus on at least one side of (a multi -family) structure." This -2- v Project provides such access on three sides as well as additional partially unpaved access on the fourth side. There is no statute, regulation or indeed any other Fire Department policy in the Commonwealth requiring paved 360 degree access for a fully-sprinklered, four -unit dwelling. Notwithstanding the issues revolving around the need or lack thereof for paved 360 degree access are the issues of affordability and liveability. The cost of constructing the paved access and maintaining this access from ice, snow and other obstructions could be prohibitive. The cost of construction of the Project is being funded through the Chapter 705 Program by EOCD. These are scarce resources to be wasted on costs that are not necessary or required by law. The cost of maintaining this Project will be borne by the Applicant. The Applicant receives funds from the Commonwealth to maintain its properties. These funds have been cut 4% by the Commonwealth and are likely designated for more cuts as the Commonwealth's budget crisis worsens. The key in any affordable development is to construct cost efficient (both construction and maintenance) and safe homes for persons of low or moderate income. The last issue is one of liveability. The prospect of having a twelve foot wide paved backyard with no provisions for tables, chairs or barbecues drastically reduces the liveability and comfort of these homes. The Board would be hard pressed to prove (i) that proper emergency access and protection has not been provided and (ii) of many other affordable or market developments that require paved 360 degree access in North Andover or in any other community in the Commonwealth. CONCLUSION: The Project provides sufficient emergency access and protection without the requirements of providing paved 360 degree access. Further, the need for affordable and liveable housing outweighs the perceived planning needs of the community. The Applicant respectively requests that the comprehensive permit be modified to remove the requirements of a paved 360 degree access and the shift of the building foot print as outlined in the request for modification. ►4747. WP. -3- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NIPMOP AMTIITM TO: Chief Dolan, Fire Department FROM: Frank Serio, Jr., Chairman A ` - RE: Modification of Petition 4126-90 DATE: February 19, 1991 Attached is a copy of the application submitted to our Board regarding modification of Petition #126-90 by the North Andover Housing Authority. The premises affected are 22-24 Ashland Avenue. The Board would like your opinion on this request before the next meeting night, March 12, 1991 Thank you for your prompt attention to this matter. /awt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 19,1991 North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 Attention: Ms. H. Minicucci Re: Filing fee for Comprehensive Permit application Dear Ms. Minicucci: An application for a Comprehensive Permit has been submitted to the Board of Appeals by Davis, Malm & DiAgostine. The Board requires that a filing fee of $25.00 be submitted with the application. We would appreciate your prompt attention to this matter, and thank you for your cooperation. Sincerely, BOARD OF APPEALS 4'4-� Frank Serio, Jr. e - Chairman /awt Co Cl C: C'. Z mi �xl cr. C. H < cc, C. Cl C. M C, 4 N- . I C. r... cr. a, ,-�j (,_-, C. (.q C. C. C. (11 C. �—1 C. :p, C, C, txl C, >1 X1 rl C. IV 0- 2; Z C, Z 3: C- C. U. C! a, C, Z a, cr. �� -1 �0 NORiH A O e � r � s • � r SJACHUSt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: Dear Applicant: Enclosed is a copy of the legal notice for your application hefore the Board of Appeals. C- Kindlysubmit V`' G $ •G6 for the following: Filing Fee y Postage Your check must be made payable to the Town of North Andover_ and may be sent to my attention at the Town Office Building, 120 Plain Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk 0v C ,A 14 ,r . I. 3 C ~� R is o � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS w rl rr T d-4 10 September ..18 ...... '19.90 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . Tuesday. evening ............ the .9.th . day of October.. ... .. . . 19.9 0 , at 7: 3 Vclock, to all parties interested in the appeal of North .Andover .Housing -Authority ....... . ............ Permit requesting aXXKAfkF-- -Comprehensive - XXCX Chap.. 40B, .Sec.. 21: of . Mass . General .Laws. for . the. c.onstructi.on .of . subs-idized. multi- family.dwelling.units.................................. .................................. I............... I... on the premises, located at.22-24. Ashland- St-reet . ..... . LEGAL NOTICE •TOWN OF NORTH ANDOVER : t MASSACHUSETTS I BOARD OF APPEALS NOTICE ` l c September 18,1990 Notice is hereby, given that the Board of.� Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 9th day, of October 1990, at 730 o'clock, to all parties Interested in the appeal of North Andover:! Housing Autho ty requesting a Comprehensive Permit Chap. 408, Sec. 21 of Mass. General Laws for the construction of subsidized multi- ' r' family dwelling units on the premises, located at 22-24 Ashland St seL, $ 1%By Order of the Board of Appeals, 1> ` Frank Serio, Jr., Chairman NAC: 9/26,10/390 16171 367-2500 r pAVIS, MALM & p'AGOSTINE ONE BOSTON PLACE BOSTON, MA 02108 HOWARD P. SPEICHER a1 tL] CD N; cc In xi:_�m7uv�cf D O 0 Ow _ m ..:.: fD is 7 =� m D D Z Z Z n v O; c� D N C9� vm v -i m DEW m NCo.MM too 0w x mY�:^(D ^' 3m s z i 3 3 3 a .... mvtso D -1 p c O c 4-0v Op fa) ��c °' o:o: �... cho Z N. t7� iii 3 t0 O N D �D o D -1 -: MVOf m Co -i Z O D) Z A O O o:"bnG)-<:m �CDC.M CD: -- 0 CL C- -9:1571°'. iA v: 3 W o X. o Ln 1 nl W O... .... QJ :1V - 11j i7 a ID CL cD own _W3W` o omi o m m . -03. CL C G.pj N Oa p�j 0 :: W :::': Q �7 ...: ... :.... CD d 3:m W W m p Ni N f9: < 4 a.. W .. o ni to ... o p >: CD o -< c � M �> Cl) Z CD 0 M. W cts: m °w D(D 00 O O 1 OT o^ N N .. CJl ^ J y oma: m 3 $: m y a w O 0 46 � rn OD:� oo >roi,:: .. IV N 0 0 ': m iv eo: 2G a ea � D W W< a a D m2 w::-< m C) Z coca r- > y� yz = ..... �ti x 7 z D nO OAZ 0o N O a � m m D� a CoO o = -mi OZ rr� �m 3 mD O z �I A :.: Z�l Z v1 rn > Z O s0mKB: n V -40) O O# 0 CD = W SU z < Wim. Cn tWn 2� o X, X o) sw: CS a o h X ab, O) M. V O tli.: O:. �A ' Any appeal Shall be Cid wii: iin (70) 0'n /S @f r the date 0(.ii`.:n2 vi Luis i'4otice in the Office of, the. Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS North Andover Housing Authority One Morkeski Meadows * Petition: 4126-90 North Andover, MA 01845 * DECISION J '$ The Board of Appeals held a public hearing on October 9, 1990, continued to November 13, 1990, then to a Special Meeting on Monday evening, November 19, 1990 upon the application of the North Andover Housing Authority requesting a Comprehensive Permit, Chapter 40B, Section 21 of the Mass. General Laws for the construction of subsidized multi -family dwelling units on the premises located at 22-24 Ashland Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Walter Soule, Clerk and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 26, 1990 and October 3, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Comprehensive Permit subject to the follow- ing conditions: 1. The twelve foot fire lane shall be unobstructed and have a 12, wide privacy fence on the easterly side of the building that is a "knockdown fence". 2. The surface of the access lane shall be McAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year-round provid- ing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. The applicant must construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified herein or unless otherwise provided by this Board. Sincerely, BOARD OF A PEALSI Dated this 26th day of November, 1990 Frank Serio, `Jr. Chairman `) /awt 0 W'd fJ£3iC Cl' "i.,. =,i lint; I�UiICC in the Office of the Town Clerk. o 'op oft 6. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 REC,,O DhNICI. 1_0!t G TOWli 1_:l_ F.iZ1C NORTI{ ,NUC)bER NOV 7R 9 35 AM '90 Date . ,November 26, ...1990........... Petition No... 126-90 Date of Hearing..Noyember 19, 1990 Petition of ......North Andover Housing Authority ..................................... Premises affected.. 22-24 Ashland Street. . ..................................................... Referring to the above petition for a -Comprehensive- - Permit, Comprehensive - Permit, Chapter 40B, Sec. 21 of Mass. General Laws for the construction of subsidized- multi—family•dwelling-units•• •......•....••.•••••..•.•. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the Comprehensive Permit .... and hereby authorize the Building Inspector to issue a permit to . North Andover. Housing Authority . for the construction of the above work, based upon the following conditions: See attached list of conditions Sign I /� (01 rank. Serio, . r...,..Chairman ........ ......William .Sullivan.,..Vic e:- chairman . . ..... Walter-Soule,•Cler.k.............. ....Louis Rissin..................... ................... I............. Board of Appeals 11 ;a :r North Andover Housing Authority DECISION - Petition #126-90 Granted with the following conditions: 1. The twelve(12) foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building, that is a "knockdown fence". 2. The surface of the access lane shall be MacAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year round providing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. Any aw,a hall be filmed 1 s f;`vr the ^Ol u Witl�ln l�-�., ; �� tills Notice date of 3�„n,'of, the Cows. In the p�fice . clerk. J I ROSCREA ARCHITECTS TRANSMITTAL 48 Grove Street Davis Square LEER Somerville Massachusetts 02144 AIA DOCUMENT G810 617 625 3070 PROJECT:NoATfl 15/�i�!''�' ARCHITECT'S (name, address)Ft%/-7 fiv5114rj. PROJECT NO: .4Sti(��D S7'7Z• DATE: 1'2• �y• qo rZo�1� TO: � �DcF �'Pi�L If enclosures are not as noted, please 7�w�/ hlwcL inform us immediately. Ito ".1414 STr— If checked below, please: Ab=W Ar4poor�. ATTN: ' M4 � (zyC:P4 MP ( ) Acknowledge receipt of enclosures. L 4-,iDr-4j J ( ) Return enclosures to us. WE TRANSM ( herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties ( ) information ( ) r ew & comment ( ) record ( use ( ) THE FOLLOWjyQ- (.,fDrawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature ( ) Change Order ( ) COPIES DATE REV. NO. DESCRIPTION ACTION CODE �� i?o • %6 L S1TP— %4W ACTION A. Action indicated on item transmitted CODE B. No action required C. For signature and return to this office REMARKS S/7 -F— P" d 42177`1 A D. For signature ano torwaraing as notes oeiow unaer KeMAK" E. See REMARKS below �.pestr /d/1. HT r4 -r 17 -IL AAnnc ' /N41 // l4 �1ob xzczz ��, • mommoolm COPIES TO: (with enclosures) ❑' BY: J-14ZDO f 41d�111EP-- — AIA DOCUMENT G810 • TRANSMITTAL LETTER • APRIL 1970 EDITION • AIAO • COPYRIGHT © 1970 ONE PAGE THE AMERICAN INSTITUTE OF ARCHITECTS, 178S MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20036 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 14, 1990 Davis, Malm & D'Agostine One Boston Place Boston, MA 02108 Attention: Howard P. Speicher RE: North Andover Housing Authority - Comprehensive Permit request Dear Mr. Speicher: Attached please find our Agreement to Extend Time Required for Public Hearing form for your signature. The Board of Appeals will be holding a Special Meeting as soon as a quorum can attend. I will notify you as soon as this occurs. Please sign and return the enclosed form for our records. Thank you. Sincerely, Board of Appealis Frank Serio, Jr. Chairman Enc. /awt b t% NOR T1{ gti0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS STANDARD FORM AGREEMENT TO EXTEND TIME REQUIRED FOR PUBLIC HEARING 1, On 9/12/90 an application was received by the North Andover Zoning Board of Appeals (Board) submitted by North Anrinver Housing Auth. for a JjRRX XXX10= Comprehensive Permit under Massachusetts General Law (MGL), Chapter 40A, Section 9. 2. Pursuant to MGL, Chapter 40A, Section 9, the Board and the Applicant hereby mutually agree that the time within which the Board shall hold a Public Hearing on said application number 126-90 is hereby extended to end on 1/8/91 ; and that a Public Hearing on said application in fact convened by the Board at any time on or before 1/8/91 shall be one which complies with the time -period requirements of MGL Chapter 40A, Section 9, for a public hearing. Signed as a sealed instrument this 13th For the North Andover Zonin Board rd of Ap eals BY. day of November 1990 . For BY: Title WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: Frank Serio, Chairman Board of Appeals From: Fire Chief Dolan Re: Ashland Street - multi family Date: October 24, 1990 Tel. (508) 686-3812 I have attab.hed a letter which I sent to Mrs. Hope Minicucci regarding the multiple family dwelling units to be constructed on Ashland Street. It is our understanding that the architects for this project were directed by your board to contact the Fire Department regarding our requirements for access and their proposal for a collapsable stockade fence. This issue was addressed in item 2 of my August 28th letter but I shall clarify it for them. Attached to this letter is a copy of 527 CMR 25.00 and a copy of Mass. General Law Chapter 148 section 28. I refer you to 527 CMR 25 to 25.01 Definition Occupancies (d) habitable and 25.07 Building of Habitable Occupancy. In 25.07 you will note that "paved access for fire apparatus on at least one side of the structure" will be provided for habitable buildings. This is a minimum requirement and the policy of the North Andover Fire Department has been to require 3600 access. This interpretation is allowed under Mass. General Law Chapter 148 Section 28. This policy has been approved on appeal. I also ask you to note the definition of obstruction in 527 CMR 25.00. In "SMOKE DETECTORS SAVE LIVES'' i 2. Utilizing that definition and applying this regulation to the Ashland Street project, the following requirements are: 1. A 360° unobstructed fire department access lane at least twelve feet wide shall be provided. 2. The surface of the access lane shall be Mac Adam or "Grass Crete" with a proper underlayment of road base material. 3. The twelve foot fire lane shall be unobstructed as per the definition of 527 CMR 25 and shall not be obstructed by fence, tables, grills or any other impedement. 4. The fire access lane shall be maintained year round providing a year round usability even in winter snow and ice. I hope this has clarified this matter and I or a representative shall attend the November meeting. I also call your attention to item 1 of my letter to Mrs. Minicucci regarding sprinklers and again I have attached a copy of the law for your information. 41 � 9 VLI William V. Dolan, Fire Chief NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Stfeet North Andover, Mass. 01845 WILLIAM V. DOLAN chlnf of n4pn4monf Mrs. Hope± MinicUr_r.i, Dir^eCtr,r North Andov►*r Hou*ainq Authority .310 arewn" 8t. North Andover► M(l Qla45 Door Hope► Tel. (508) 686-3812 f`lmlLimt, 2n., #' 91*,) Thnnk you for me"tinn with Lt. Darr r-ountnin carni z thin mov,ril.r�u. The following lowing is thy► list of conr_ovyl" and -whir.11 wnr e►rpr�emi std to you and Mr. Ponnoyer regar^ding thea tr_, ►j � rami l.y structure to be built an Ashland 8t. 1. Thea building will be required to have fire rsnrink1hr:1r installed in accordance with M. 13. L, Chapter 148 Spct inn a Al. Thin system can be as residential system installed in accorck.k.ni_r. with N.F.R. A. 130 Your engineers or sprinkler r_c+ntrnctor should work closely with Lt. Don Fountain in prepat^inq for^ this installation, The particular conrern at this time iso how t:hn water supply of each unit will be installed. P. The building .should be moved further away from thea J-1hi l 1 ipl.4 property to allow the f ire department 360 degre" accpmm arclkirrcl the building and to decrease the potential emposure to that property in cels@ of f ire: This to in accordance w i c k= 52.7 CM11 MOO and M.O.L. Cha?1ptisr 148 Section 88. The acrpss 0111 the m1dr, nearest the Phillips property can be "grsaats crete" Hut mu n - t provide at least as twelve (12) foot widr unobstructed accvns lane. 3, The tImpartmont praofrrae the compartmcanant ion of thea rS clnnr.,r i brd by Mr. Pmtinoymr aand - wr,.iu l d r otl6 i re t halt r,,.irh car 1.1, oar, mn i 1; haaVE► two W781`05 Of aaCCe41s or as►tit, t'rrafmt—Ably a bulldlr.•.,:ud a�rr d -A1.1 interio►• stairw"ll. n. The perrpendiculaar parking situation which hcas bMhrn a pr .1.11vilr in the front of the present riesidenc►e should be by landscape design. Pat -king should not be a problem since i1dequati spaacae is provided in the rear. We appreciate your appreciate your working with us to provide your future residents a safe environcnent and we look forward to continuing dialogue throughout the project. Ploa mn contact Lt. Don Fountain if you have furthryr t1pt. rstioris or concernse cc. C. Huntress s s p.� ectf ` Will,iarn V. Dolan Fire Chief "SMOKE DETECTORS SAVE LIVES" . 527 CMR BOARD OF FIRE PREVENTION REGULATIONS 25.03;_ Exterior Access to Buildings Designed for Retail Occupancy The plan for any new retail building shall include an access for fire equipment on at least two sides of the building, such access to be approved by the head of the fire department on the plans prior to construction of the building. Access to present buildings shall be kept clear of hazardous substances and obstacles which may, in the opinion of the fire department, f 01 t - F impede the proper placement of fire apparatus and personnel in case of fire. rr f t 25.04: Interior of Buildings Used for Retail Purposes + l - Fill i 't J The head of the fire department will inspect retail establishments and may direct the owner or operator of such building relative to maintaining clear aisles and exits free of obstructions and. hazardous substances. The head of the fire department may also direct the operator of the establishment to locate hazardous substances in certain areas of the building so that there will be less danger to the public in case of fire. 25.06: Commercial and Institutional Occupancy Buildings. The head of the fire department shall inspect the outside access to such buildings to make certain that suitable areas are provided for the stationing of fire apparatus for rescue and fire extinguishment purposes and that sufficient unimpeded entrances and exits exist for the entrance of- firefighting personnel and the evacuation of the buildinr,. The interior of the building shall be inspected by the head of the fire department to ascertain that all exits and i5 *,,, :r5^ main corridors are free of obstruction and that hazardous materials, if kept in ;r+ i such buildings,, shall be located in in a place designated by the head of the fire department. If the head of the fire department believes that obstructions or hazardous substances present an impediment to the evacuation of the building -:wI in] or the access of the fire.department, he may have such obstacles or hazardous zrtl -i H+i+igsubstances removed. _ ^+ in z3 ., �• �{i�c,,. ., iris •, 25.06: Buildings of Industrial Occupancy weri •• { ,r A ; ; Access for fire apparatus shall be provided on at least one side of every �r.-industrial type building, such access to be kept clear of all obstacles and hazardous materials as the head of the fire department may direct. The interior corridors and exitways of all such buildings shall also be kept clear of { r obstacles and hazardous materials as directed by the head of the fire 9= t department, who shall inspect all such buildings at least once each year at any time without prior notice provided it is during the normal working hours of such ,I r I I. X institution. +'r ` ,s , : rw i n , 25.07: Buildings of Habitable OCCUpancv vr, , •' ' Each building built for residential occupancy after the approval of this ', ,=;•'0, regulation shall include a suitable paved access for fire apparatus on at least 0 one side of the structure. In addition, a clear, unobstructed way shall be provided from such fire apparatus access point to all exits of such building. The head of the fire department shall inspect such access areas and order any obstacles or hazardous materials removed at his discretion. The head of the ^s '� fire department shall also inspect the interior of such buildings at a reasonable ,iz hour and shall make certain that corridors, hallways, and other exitways are clear of obstacles and hazardous materials which might prevent the timely evacuation of the building or the efficient operation of the firefighting personnel in case of fire or explosion. " ' • ' + , > r . . 25.08: Public and Private Property c • �* t ,,."Hazardous substances shall not be left unattended within one hundred feet t (100') of any building without a permit from the head of the fire department. If, in his opinion, the nature of the hazard requires a greater separation from the building, the head of the fire department may so dictate. The head of the J + ,! fire department may order hazardous materials to be removed from any public or private property if the presence of such material does not comply with this regulation or with other regulations of the Board of Fire Prevention Regulations. 10/2/87 fir' ' 627 CMR - 188 __44.._ % - 627 CMRt BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 25.00: OBSTRUCTIONS AND HAZARDS IN CERTAIN BUILDINGS AND ON For the purpose of 527 CMR 25.00, the following terms shall have the meanings respectively assigned to them: Approved. Approved by the State Fire Marshal. l;, rr it, if, r,01i Building. Any structure used in accordance with the occupancies noted in this regulation, such structure not to include one, two, or three-family dwellings. „i li„ '• i , ...� .., fir•., ,:'rf ':r ,,r. { Occupancies. III +F;z�; (a) Retail. Any building to which the public may have ready access at �41a ofif ' certain times for the purpose of purchasing goods or services but not iT}Including buildings having professional occupancies such as doctors, dentists, . lawyers, architects, engineers, etc.' ` (b) Commercial and Institutional. Any building used primarily for the conducting of one or more business enterprises to which the public has access but which are not primarily devoted to the sale of actual goods that may be carried away by the public. Such buildings may include schools, colleges, laboratories, restaurants, business offices,- banks, warehouses; etc. Eai Retail occupancy in one or more of the first three floors of a multi -story ` commercial building will be allowed without altering the commercial :,;, { designation of said building. ' 1,, , s::. ' (c) � Industrial. Any building used for the manufacture of products. (d) Ha�blleI Any building, institution, or residence designed to house more than three families where people regularly sleep. This includes t,•.1 dormitories, condominiums, hospitals, hotels, rooming houses, nursing homes, etc. Sections of a multiple residence structure that are separated by at least the equivalent of a six-inch (6") thick concrete block wall shall be considered single buildings in accordance with this regulation. Hazardous Substance. Any liquid, solid, or gas which is toxic, flammable, r,, +n explosive, or reactive when combined with other substances within the r V : immediate vicinity of the substance, or any substance which could increase the intensity or the spread of fire out of proportion to the normal materials present in the area. + f • .sp t� � ,r + Obstruction. Any fixed object, such as but not limited to a fence, post, pole, ,r wall, ditch, or any movable object such as but not limited to a gate, barrel, i,rr' tank, motor vehicle or truck whether registered or unregistered, temporary prt,+rt* ' structure of metal or wood, or other physical barrier which might prevent the access of firefighters or firefighting equipment. 26.02: Public and Private Ways ,o t,.,.+,,.I If the head of the fire department determines that an obstruction exists or that there Is a quantity of hazardous material stored on a public or private way n-- ` or access area contiguous to any of the buildings referred to in this regulation nii! 1•{ ,. which might prevent the access of fire apparatus or firefighting personnel to t - i4r • the contiguous building, he shall have the authority to have such obstruction or >. a+ hazardous material removed by the owner.', . 6/27/88 627 CMR - 187 PUBLIC OR PRIVATE WAYS Sectionrt it. .p 25.01: " Definitions 25.02:.1 Public and Private Ways" 25.03:' Exterior Access to Buildings Designed for Retail Occupanc 25.04: Interior of Buildings Used for Retail Purposes 25.05: Commercial and Institutional Occupancy Buildings 25.06: Buildings of Industrial Occupancy 8 25.07: Buildings of Habitable Occupancy'' 25.08: Public and Private Property 25.09: ' Removal. of Obstructions and/or Hazardous Materials + Rz 25.01: Definitions ` _ i ' DEPT of PUS= ' MASS For the purpose of 527 CMR 25.00, the following terms shall have the meanings respectively assigned to them: Approved. Approved by the State Fire Marshal. l;, rr it, if, r,01i Building. Any structure used in accordance with the occupancies noted in this regulation, such structure not to include one, two, or three-family dwellings. „i li„ '• i , ...� .., fir•., ,:'rf ':r ,,r. { Occupancies. III +F;z�; (a) Retail. Any building to which the public may have ready access at �41a ofif ' certain times for the purpose of purchasing goods or services but not iT}Including buildings having professional occupancies such as doctors, dentists, . lawyers, architects, engineers, etc.' ` (b) Commercial and Institutional. Any building used primarily for the conducting of one or more business enterprises to which the public has access but which are not primarily devoted to the sale of actual goods that may be carried away by the public. Such buildings may include schools, colleges, laboratories, restaurants, business offices,- banks, warehouses; etc. Eai Retail occupancy in one or more of the first three floors of a multi -story ` commercial building will be allowed without altering the commercial :,;, { designation of said building. ' 1,, , s::. ' (c) � Industrial. Any building used for the manufacture of products. (d) Ha�blleI Any building, institution, or residence designed to house more than three families where people regularly sleep. This includes t,•.1 dormitories, condominiums, hospitals, hotels, rooming houses, nursing homes, etc. Sections of a multiple residence structure that are separated by at least the equivalent of a six-inch (6") thick concrete block wall shall be considered single buildings in accordance with this regulation. Hazardous Substance. Any liquid, solid, or gas which is toxic, flammable, r,, +n explosive, or reactive when combined with other substances within the r V : immediate vicinity of the substance, or any substance which could increase the intensity or the spread of fire out of proportion to the normal materials present in the area. + f • .sp t� � ,r + Obstruction. Any fixed object, such as but not limited to a fence, post, pole, ,r wall, ditch, or any movable object such as but not limited to a gate, barrel, i,rr' tank, motor vehicle or truck whether registered or unregistered, temporary prt,+rt* ' structure of metal or wood, or other physical barrier which might prevent the access of firefighters or firefighting equipment. 26.02: Public and Private Ways ,o t,.,.+,,.I If the head of the fire department determines that an obstruction exists or that there Is a quantity of hazardous material stored on a public or private way n-- ` or access area contiguous to any of the buildings referred to in this regulation nii! 1•{ ,. which might prevent the access of fire apparatus or firefighting personnel to t - i4r • the contiguous building, he shall have the authority to have such obstruction or >. a+ hazardous material removed by the owner.', . 6/27/88 627 CMR - 187 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 25.09: Removal of Obstructions and/or Hazardous Materials If the head of the fire department determines that an obstruction exists or that there is a quantity of hazardous material stored that must be removed in accordance with these regulations, he shall have the authority to require such obstruction or hazardous material removed by the owner. If after an inquiry to persons within the building involved or within the contiguous building and after making obvious inquiries concerning the owner of such obstruction, such owner is unavailable, the head of the fire department may have the obstruction removed by others at his discretion. The cost of such removal will be borne by the owner if and when located. REGULATORY AUTHORITY 527 CMR 25.00: M.G.L. c. 22, s. 14; c. 148, s. 28. 10/2/87 527 CMR - 189 MASSACHUSETTS GENERAL LAW CHAPTER 148 FIRE PREVENTION'. SECTION 26I. In a city, town or district which accepts the provisions of this section, any building hereafter constructed or hereafter substantially rehabilitated so as to constitute the equivalent of new construction and occupied in whole or in part for residential purposes and containing not less than four dwelling units including, but not limited to, lodging houses, ` boarding houses, fraternity houses, dormitories, apartments, townhouses,. condominiums, hotels, motels and group residences, shall be equipped with an approved system of automatic sprinklers in accordance with the provisions of the state building code. In the event that adequate water supply is not available, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Owners of buildings With approved and properly maintained installations may be eligible. for a rate reduction on fire insurance, SECTION 2. Section 34 of said chapter 148, as appearing in the 1988 . Official Edition, is hereby amended by striking out, in lines 2 - and 4, the word "fifty" and inserting in place thereof, in each instance; the words:- t r r.t one hundred.. SECTION 3. The provisions of section one shall not apply to construction projects approved by permit within one year prior to acceptance of this act by a city, town or districts SECTION 28. Rules as to Fires and Fire Protection. The board shall make such rules and regulations, and the ad of therewith, fire department shall make such orders or rules not inconsistent as may be necessary to promulgate a comprehensive fire safety code for the following purposes: (1) to prevent or remedy any condition in or about vessel 1 which myybuil ding, structure or other premises or any ship o become a fire hazard or to cause a fire. . (2) to provide adequate safety requirements for the protection of the public in the event of a fire in or about any building, structure or other premises or any ship or vessel, including the regulation of fire drills for theaters, schools, hospitals and elderly housing complexes. (3) to provide for the safe storage, use, handling and manufacturing of corrosive liquids, oxidizing materials, toxic materials or poisonous gases. �:, 25 yORTH Vic- e BOARD OF HEALTH September 27, 1990 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 North Andover Board of Appeals 120 Main Street North Andover, Mass. 01845 Ref: Comprehensive Permit # 22-24 Ashland Street, N. Andover Dear Members: This Department has reviewed the submission by the North Andover Housing Authority. We are concerned with the means of which sewage will be disposed of from the proposed units. Some of the buildings situated on Ashland St., were never tied into the sewer line. However, the information submitted suggests that the existing building is connected to the sewer. Therefore, evidence of such a connection should be presented. Thanking you in advance for your full cooperation and understanding in this matter, I remain, Michael Rosati Health Agent/North Andover MR/cc A, NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS y 124 Main Street ` North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department To: Mr. Frank Serio Board of Appeals From: Fire Chief Dolan Re: 22-24 Ashland Street Date: September 27, 1990 Tel. (508) 686-3812 I have attached a copy of my letter to Mrs. Hope Minicucci of the North Andover Housing Authority regarding property on Ashland Street. My concern for the above mentioned property would be the same as those in my letter to Mrs. Minicucci. If I can be of any further assistance, please contact me. William V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES" NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Masa. Hope Minicucc.i. Director North Ans oymr Honing Authority 310 Greene St. North Andover. MA 01845 Dear Hope, Tel. (508) 686-3812 Auqust 281 1990 Thank you for me of inq with Lt. Doer Fountain and l thin crornis►st. The following in th m list of concmrnn and requiret►►wntm -which wr.:. expressed to you and Mr. Pennoymr regarding the fo6r family structure to be built on Ashland St. 1. The building will be required to have fire morinkler ti installed in accordance with M.G.L. Chapter 148 Section 261. This system can be a residential system installed in accordance with N. F. P. A. 13. Your engineers or sprinkler contractor eshould work closely with Lt. Don Fountain in prFepaarinq for this installation. The particular concern at thin time is how the water supply of each unit will be installed. 2. The building.should be moved further away from they TPhillipsa property to allow the fire department 360 degree access aroc. id the building and to decrease the potential exposure to that property in case of fire. This in in accordance with 527 CMR 25.00 and M.G.L. Chapter 148 Section 28. The access on the sine nearest the Phillips property can be "grAmn crate" but mugt provide at least a twelve (12) foot wide unobstr►.cted access lane. 3. The department prefers the compartmnnat ion of thm cel 1 ar m ns einncribed by Mr. Pmnnoyor and would require thrnt reach erlIrare mmi,t haave two mnaanm of accemee or omit. Preferably a bulkhe .:rd and in►•► interior stairwell. 4. The perpendicular parking situation which hns, been ra F.rrot.lefil in the front of the present residence should be eliminated by landscape design. Parking should not be a problem since adequate space is provided in the rear. We appreciate your appreciate your working with us to provide your future residents a safe environment and we loots forward to a continuing dialogue throughout the project. Please contact Lt. Don Fountain if you have further r.auontion s or concerns. cc. C. Huntress ,.. -sC c d9 William V. Dolan Fire Chief "SMOKE DETECTORS SAVE LIVES" DAMS, MALM & D'AGOSTINE ONE BOSTON PLACE BOSTON,MASSACHUSETrS 02108 (617) 367-2500 September 26, 1990 North Andover Board of Appeals Town Hall 120 Main Street North Andover, Massachusetts 01845 Attn: Chairman Re: 22-24 Ashland Street, North Andover, Massachusetts Dear Chairman: Please find enclosed ten (10) copies of the following materials you have requested: 1. Abutters List; and 2. North Andover Application Form. Please send me notice of the day and time of the hearing. If I can be of any further assistance, please call me. Sincerely, 1hIPsG. Agule CGA/ew Enclosures 0457.WP< DAVIS, MALM & D'AGOSTINE ONE BOSTON PLACE BOSTON, MASSACHUSETTS 02108 (617) 367-2500 September 10, 1990 North Andover Board of Appeals Town Hall 120 Main Street North Andover, Massachusetts 01845 Attn: Chairman Re: 22-24 Ashland Street, North Andover, Massachusetts Dear Chairman: Enclosed please find ten (10) copies of an application for a comprehensive permit pursuant to M.G.L. Ch. 40B, Sections 20, et seq., for the above property. If you have any questions, please call me. S* erely, arles G. Agule CGA/ew Enclosures FEDERAL EXPRESS cc: Hope Minicucci, Executive Director (w/enclosure) Sheldon Pennoyer, Architect (w/enclosure) David Whalen, Project Manager (w/enclosure) ►778.WP< Received1by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS TESf APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE North Andover One Morkeski Meadows Applicant Housing Authority__ —_Address Nnrth 1. Application is hereby made: a) For a variance from the requirements `of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph --of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. d) For an application for a comprehensiveermit under MGL Ch. 40B 2. a) Premises affected are land—x.-and buildings) x numbered 22-24 Street. b) Premises affected are property with frontage on the North (}q South ( ) Last ( ) West ( ) side of ___ASh 1zLU Street Street, and known as No. --.--22-24 Ashland Street. c) Premises affected are in Zoning District R-4, and the premises affected have an area of S_ -square feet and frontage of feet. to 3. Ownership a) Name and address of owner (if joint ownership, give all names): North Andover Housing Authority One Morkeski Meadows North Andpy r,_MA 01845 Date of Purchase 10/29/85 Previous owner John & Linda Grom Ko b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.; Size of proposed building: ola__front; feet deep; " Height stories; _—_feet. a) Approximate date of erection: commence construction late Fall 1990 b) Occupancy or use of each floor: residential housing c) Type of construction: wood frame S. Size of existing building: _____ feet front; _ feet deep: Height --stories; _ feet. see plans - to be demolished a) Approximate date of erection: b) Occupancy or use of each floor: N/A c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? Yes — If so, when?__!— A decision by the Board of Appeals was issued on Decmeber 22, 1986 whibh affected this piece of property. The four unit structure described in that permit is being demolished and being replaced with four brand new -townhouses. 7Description Of relief sought on this petition ':'Relief from zoning use and dimension requirements •. 3..... Deed recorded in the Registry of Deeds in Book.. - Page :. Land. Court Certificate No. 9835 Book 69 Page 135 Che principal points upon which I base,my application are as follows: (must be. stated in detail) See attached application ''^ agree to pay the filing fee, advertising in newspaper, and incidental :xpenses* �' Signature of Petititi errs :very application for action by the Board shall be made on a form approved )y• the Board. These forms shall be furnished by the Clerk upon request. ;ny communication purporting to be an application.shall be treated as mere totice of intention to seek relief until such time :as it 'is .made on the )fficiaL application form. All information.'Called for by the form shall )e furnished by the applicant in the 'manner•�herein::prescribed. ;very -application shall be submitted with a list of'•"Parties In Interest" • ,hich list shall-include.the petitioner,.abutters, owners of land directly �pposite on any public, or private street or way, and abutters to the butters ;within' three hundred feet (300'.) of the property line of the ,etitioner' as they appear_bn the most recent applicable tax list, otwithstanding that the land of any such owner is located in another city_,':;:`; r town, the Planning Board of the city or town,, and the Planning Board ofd: '• very abutting city or town. :.very application shall be submitted with an application charge cost in -ie amount -of $25.00. In addition, the petitioner shall be responsible Dr any and all costs involved in bringing the. petition before the Board.::... .: uch.costs shall include mailing and publication, but are not necessarily • ., i mi ted to these. ^''£{ very application shalt be submi.tted with a plan of land approved by the oard." No petition will be brought before the Board unless said plan has een submitted. Copies of the Board's requirements regarding plans are ttached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES OF INTEREST MAD 4 DTD('VT u wTn%A" 1 Petticoat Junction Condo's P. 0. Box 360,N.Billerica,MA01862 _— IC/0 Robert Biresak Arbor Associates P. 0. Box 360,N.Billerica,MA01862 Robert iresa Gail Buturilia 616 Sharpners Pons Rd,N.Andover MA Crishab Realty Trust 201 Lawrence Road, Salem, NH 03079 B & M Ra,i-lroad Ironhorse Park N. Billerica, MA 01862 L i' Yl LIST OF PARTIES OF INTEREST MTD $ D7%D0 A ATAMV rrNr-%nr.-nt� 11 ✓L\l..IJJ Petticoat Junction Condo's P. 0. Box 360,N.Billerica,MA01862 C/O Robert Biresa Arbor Associates P. 0. Box 360,N.Billerica,MA01862 TTO-IF65-ert Bircsak Gail Buturilia 616 Sharpners Pons Rd,N.Andover MA U184b Crishab Realty Trust 201 Lawrence Road, Salem, NH 03079 B & M R . road Ironhorse Park N. Billerica, MA 01862 7 N U NORTH ANDOVER HOUSING AUTHORITY CH. 705 DEVELOPMENT TOWN OF NORTH ANDOVER COMPREHENSIVE PERNIIT APPLICATION UNDER M.G.L. CHAPTER 40119 SECTION 23 0 101 0 M O M 0 101 / LIST OF PARTIES OF INTEREST MTn 4 nT n('L`i A ATT My Tfln nVOV Petticoat Junction Condo's P. 0. Box 360,N.Billerica,MA01862 C 0 Robert Bi.resak _ _ Arbor Associates P. 0. Box 360,N.Billerica,MA01862 Rob ert iresa Gail Buturilia 616 Sharpners Pons Rd,N.Andover MA UiSTS Crishab Realty Trust 201 Lawrence Road, Salem, NH 03079 B & M R road > Ironhorse Park N. Billerica, MA 01862 NORTH ANDOVER HOUSING AUTHORITY CH. 705 DEVELOPMENT O TOWN OF NORTH ANDOVER COMPREHENSIVE PERMIT APPLICATION UNDER M.G.L. CHAPTER 40B9 SECTION 23 INDEX O I. INTRODUCTION 1. Introductory Statement 2. Description of Project 3. Development Team 0 4. Benefits to the Community 5. Definitions II. COMPLIANCE WITH CHAPTER 40B 6. Evidence of Limited Dividend Status O 7. Evidence of the Site Control (a) Deed 8. Evidence of Subsidy (a) EOCD Letter 9. Statutory Minima for the Town of North Andover 0 10. Community Profile and Regional Needs for Low/Moderate Income Housing III. COMPARISON TO LOCAL RULES AND REGULATIONS 11. Relationship Between Proposed Housing and Planning Concerns of the Community (a) Protection of Health and Safety (b) Need to Promote Better Site and Building Design (c) Need to Preserve Open Spaces IV. CONCLUSION 0 12. Conclusion Statement 13. Requested Variances from Local Bylaws and Regulations 14. Town Comments V. EXHIBITS 15. Site Plan* 0 16. Rendering* 17. Community Map *Scaled Plans provided separately O ►INDEX.MSC. L161 W I. INTRODUCTORY STATEMENT O This Application is being submitted to the North Andover Zoning Board of Appeals for a Comprehensive Permit pursuant to Chapter 40B of the Massachusetts General Laws, as amended, to construct four (4) units of family housing under Chapter 705 on Ashland Street in North Andover, Massachusetts. d Under M.G.L. Chapter 40B, Section 21, any public agency or limited dividend or non-profit organization proposing to develop low or moderate income housing may submit to the Zoning Board of Appeals a single application to build such housing in lieu of separate applications to the applicable local boards. The Board of Appeals may incorporate in their review of the application comments or support from the other local boards or applicable local Q boards which may be helpful or necessary in making its decision hereunder. The Board of Appeals has the same power as such individual boards to issue permits or approvals as such local boards or officials would otherwise act with the respect to such application. The review of the application should be considered in view of its consistency with 0 local needs as defined in M.G.L. Chapter 40B, Section 20. Town bylaws, rules and regulations are considered consistent with local needs if they are reasonable in view of the regional need for low and moderate income housing considered with the number of low income persons in the Town and the need to protect the health and safety of p the occupants of the proposed housing or the residents of the Town, to promote better site and building design in relation to the surrounding area or to preserve open spaces and if such requirements and regulations are applied as equally as possible to both subsidized and unsubsidized housing. 0 Further, requirements or regulations shall be deemed consistent with local needs when imposed by the Zoning Board of Appeals after such hearing in the Town where (i) low or moderate income housing exist which is an excess of 10% of the housing units reported in the last census of the Town or on sites compositing of 1 1/2% or more of the total land area zoned for residential, commercial or industrial use or (ii) the application before the Board would result in the commencement of construction of such housing on site comprised of more than three tenths of one percent of such land area or ten acres, whichever is larger, in any one calendar year; provided, however, that land area owned by the United States, The Commonwealth or any political subdivision thereof, the Metropolitan District Commission or any public authority shall be excluded from the total land area referred to above when making such determination of the consistency with local needs. 0 In order for the Board to review the Application and to make the necessary findings that there is a compelling need for affordable housing and that such needs outweigh the planning restrictions of the community, this Application is broken out into five separate sections: O (i) The introduction to the Development including, without limitation, description of the project, development team and benefits to the community; X 0 The minimum statutory requirements under Chapter 40B, which puts the burden on the community to provide overwhelming planning objections including, without limitation, discussion of available affordable units in the community, the number of low and moderate income residents in the community and other relevant material; (iii) A review of the planning concerns of the Town and its relationship to the proposed housing development. This includes, without limitation, discussions with respect to the need to preserve open space, the need to protect health and safety of the residents and the need to promote better housing design; (iv) The conclusion of the Application that the overwhelming need for affordable housing in the community, as defined in (ii) and (iii) above, supersedes the local Li zoning and planning restrictions for which the Applicant is seeldng variances and waivers for, and a request that the Zoning Board of Appeals issue a comprehensive permit consistent with this application; and (v) Copies of the Site Plan and a Rendering of the proposed buildings. J A 0 W 0 L M N 2. DESCRIPTION OF PROJECT O This Application is being submitted for a comprehensive permit under Chapter 774 of the Massachusetts General Laws and the regulations thereunder (the "Act") of preparation. The plan (the "Plan") submitted for the comprehensive permit provides for four (4) units of family units. The existing four unit structure will be demolished. A new four (4) unit building will be constructed in its stead. The exterior units contain approximately 1,164 S/F each and will each b have 3 bedrooms, 1.5 baths, kitchen, dining room, living room, patio and basement with a bulkhead. The interior units contain approximately 1,010 S/F each and each will have 2 bedrooms, 1 bath, kitchen, dining room, living room, patio and basement with bulkhead. The Plan was developed to retain the same number of units currently at the site, with four fewer bedrooms. There are wetlands to the rear of the site but they do not affect the construction of the Project. There are no physical constraints to develop the Property. The property is bordered by multi -family, single family and commercial property. All O utilities including water, sewer and electric are available at the site. ►DESCRIPT.MSC. M 101 1 0 u W07� W u X 02 C� 5 1 3. DEVELOPMENT TEAM Applicant: North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 (508) 682-3932 Attn: Hope Minicucci, Executive Director Architect: Roscrea Architects 48 Grove Street Somerville, MA 02144 (617) 625-3070 Attn: Sheldon K. Pennoyer Attorneys: Davis, Malm & D'Agostine One Boston Place Boston, MA 02108 (617) 367-2500 Attn: Charles G. Agule, Esquire N 4. BENEFITS TO THE COMMUNITY The proposal of the Applicant provides substantial benefits to the Community both directly and indirectly. Those include, without limitation: 1. Four (4) units of family housing under the State's 705 Program which help to alleviate the Housing Authority's long waiting list. b 2. An existing eye sore is demolished and new units are constructed in its place. 3. Additional parking is provided through a redesign of the driveway and parking areas. N W u W X C W 5. ADDITIONAL DEFINITIONS "Applicant" shall mean North Andover Housing Authority. "Board of Appeals" shall mean the Town of North Andover Zoning Board of Appeals. "EOCD" shall mean the Executive Office of Communities and Development. d "Hanover" shall mean the Board of Appeals v. Housing Appeals Committee of the Department of Community Affairs (1973 to 94 NE 2nd 393). 0 "M.G.L." shall mean the Massachusetts General Laws, as amended. _ "MHFA" shall mean the Massachusetts Housing Finance Agency. "705" shall mean the States 705 Program which provides grants to local housing authorities to purchase and build family units (2 to 4 bedrooms). O "Town" shall mean the Town of North Andover. ►DEFINU MSC. 9 161 Eel 361 I DEFINITIONS (from 760 CMR 30.02) Q O 30.03: Definitions c As used in these rules. except as otherwise required by the context: (a) Adjudicatory proceeding shall be as defined in M.G.L. c. 30A. s. 1. (b) Board shall mean a local Board of Appeals established by M.G.L. c. 40A. S. 14 , 4. (c) Committee means the Housing Appeals Committee. also referred to as p H.A.C.' (d) Department means the Massachusetts Department of Community Affairs or its Commissioner. (e) Party shall be as defined in I.G.L. c. 30A. s. 1. (f) Limited Dividend Organization means any applicant which proposes to sponsor housing under M. .L. c. 408t and is not a public agency; and is 4 eligible to receive a subsidy. from a state or federal agency after a comprehensive permit has been issued and which. unless otherwise governed by a federal act or regulation. agrees to limit the dividend on the invested equity to no more, than that allowed by the applicable statute or reguivions governing the pertinent housing program. (g) Financing agency means any agency of state or federal government which subsidizes the construction or substantial rehabilitation of low or O moderate income housing and any housing authority acting pursuant to M.G.L. c. 1218. s. 26(m). (h) Low income persons means all persons who. according to the latest available United States Census. reside in households whose net income does not exceed the maximum income limits for admission to public housing. as established by the Department. Net income. for purposes of this subsevion. 0 shall mean gross household income minus a deduction of S300 for each household member other than the household head. and a deduction of 5% of gross income for non -elderly households or 10% of gross income for households whose heads are 62 or over. The Department may enumerate such households by varying sizes. incomes and ages of household head. and may estimate the number of persons contained therein. The Department s calculation shad be presumed conclusive on the Committee unless a party d introduces authoritative data to the contrary. Data shad be authoritative only if it is based upon a statistically valid. random sample or survey of household income conducted in the relevant area since the latest available U.S. Census. (i) [mow ocmo rate income ho means any units of housing subsidized by federd.andfor.pate government and/or Weal housing authority under any program to assist the construction or substantial rehabilitation of low or C7 moderate income housing, as defined in the applicable federal or state statute or regulation. whether built or operated by any public agency or non-profit or Limited Dividend Organization. No unit of housing under the federal leased housing program or a state rental assistance peogram or any housing allowance program shad be considered to be low -and/or moderate income housing unless such unit is constructed or substantially rehatidtated a under a state or federal housing subsidy program in - addition to the subsidy provided through leased housing. state rental assistance. or housing allowance program. For purposes of determining regional need and computing whether the city or town has met any of its statutory minima. no unit shall be counted more than once because it is the subject of subsidies from two or more programs. c Q x 6. EVIDENCE OF PUBLIC AGENCY, NON-PROFIT OR LIlVIITED DIVIDEND STATUS The North Andover Housing Authority is a public body politic and corporate as defined by Chapter 12113, Section 3 of the Massachusetts General Laws. The Applicant has applied for funding under the Massachusetts 705 Program for family O housing. 0 Lei W Wl U U X N rel 7. EVIDENCE OF SITE CONTROL In order for an applicant to request a permit under M.G.L. Chapter 40B, an applicant must show a property interest in the proposed site. The current owner of the site is the North Andover Housing Authority. A copy of the deed is enclosed. 0 7 9 0 W C I U 1*1 0 N X X X X 161 X 0 0 JOHN F. GROW and LINDA A. GROMKO copy of #41 Fox Hi 11 , North Andover, Essex County. Massachusetts, in consideration of TWO HUNDRED FORTY—FIVE ( $245,000.00 ) THOUSAND DOLLARS grant to the NORTH ANDOVER HOUSEING AUTHORITY, a public body politics and corporate, duly organized by law and existing under the Laws of the Commonwealth of Massachusetts, chapter 121B, and having a usual place of business at 310 Greene Street, North Andover, MA. �f with quitrlaim raornanb t> M*" A certain parcel of land with the buildings thereon situated at 22 - 24 Ashland Street North Andover, Essex County, Commonwealth of Massachusetts, with the adjacent portion of the bed of the Shawsheen River to the thread of the stream in Lawrence, Essex County, Commonwealth of Massachusetts, bounded and described as follows: Southeasterly by Ashland Street eighty three (83) feet; Southwesterly by lot B as shown on plan hereinafter mentioned three hundred sixty five (365±) feet; Northwesterly, by the Shawsheen River; Northeasterly one hundred fifty seven (157±) feet, and Northwesterly forty two and 40/100 (42.40) feet by land now or formerly of Habdel T. Fary, again Northeasterly by land now or formerly of James Kennelly two hundred one (201) feet. All of said boundaries, except the River line, are determined by the Court to be located as shown on plan No. 51198, drawn by Ralph B. Brasseur, C.E., dated July 1946, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 3396, Book 23, Page 185, and being designated as lot C thereon. Also another certain parcel of land situate in said North Andover with the adjacent portion of the bed of the Shawsheen River to the thread of the: stream in said Lawrence, bounded and described as follows: Northwesterly by the Shawsheen River; Northeasterly by. land now or formerly of James Kennelly measuring on the upland one hundred sixty five (165) feet; Southeasterly by land now or formerly of James B. Ewart forty two and 40/100 (42.40) feet, and Southwesterly by said Ewart land measuring on the upland one hundred sixty seven (167) feet. All of said boundaries, except the River line, are determined by the Court, to be located as shown on Plan No. 42078, drawn by Horace Hale Smith, Engineer, dated January 27, 1915, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which Is filed with Certificate of Title No. 458, Book 2, Page 301, and being designated as lot C thereon. FOR TITLE OF GR see Certificate 9671 recorded with Land Registration Bo,-. /, page 289 of the North Essex Registry of Deeds. r-' 101 M A 1% Al Eel Al rM E Executed as a sealed instrument this 12th day of November 19 85 ('dhe&MMOnw IIUhof swathadto Essex 83• November 12 1985 Then personally appeared the above named john F. Gromko and Linda A. Gromko and acknowledged the foregoing instrument to be Thel i• /free act d 1me Before e, h�1 / N y 'ublic — AXK(AYQX)QJ l%&X commisain exires dune 25, 19 81 rel 8. EVIDENCE OF SUBSIDY O Under Massachusetts General Laws Chapter 40B, Section 21, an applicant may submit an application for a comprehensive permit provided it dedicates a portion of the units to low and moderate income tenants or purchasers. The subsidies that qualify under this Section are defined in the Definitions in 760 C.M.R. 30.02i. The Applicant has received a commitment from EOCD to fund the construction of the four (4) 705 units. O n 0 v W C C 0 Al X AMENDMENT TO CONTRACT FOR FINANCIAL ASSISTAMCF Q by and between THE COMMONWEALTH OF .MASSACHTTSFTTS Acting by and through the Department of Community Affairs Q and North Andover Housing Authority Dated 05/29/85 for ,State -Aided Housing Project No. 7(15-i C 1. WHEREAS: (a) The above described contract provides that the Commonwealth shall provide a grant in the amount of $515,000.00 for the development of the described Project; and O (b) The Department has now determined that the Total Development Budget of the Project shall not exceed the adjusted amount of 040 ,nnn.nn. 2. THE PARTIES THEREFORE AGREE AS FOLLOWS: (a) The total number of units is hereby changed from 5 to 0+. (b) The Commonwealth agrees to provide financial assistance in the adjusted amount of $840,000.00. 3. In all other respects the Contract is ratified and confirmed by the parties. O IN WITNESS WHEREOF, the Commonwealth of Massachusetts acting by and through the Secretary of the Department of Community Affairs/Executive office of Communities and Development and the North Andover Rousing Authority, acting by the Chairperson hereto duly authorized by vote of the Authority, an attested copy of which is here o _�ptached, have executed this amendment in duplicate on v� y► O SEAL North Andover HOUSING AUTHORITY O BY � F 1 Chairperson AT ST O Se retary of the Authority X TTT, COMMORTt FAT,TTT OP MACSACTTTTSF.TT,C RY qJMA jQ Secretary Department of Community Affairs/ Fxecutive nffice of Communities and Development I 9. STATUTORY MINBIA FOR THE TOWN OF NORTH ANDOVER O The Applicant presents the following statutory minima for the Town of North Andover, pursuant to Massachusetts General Laws, Chapter 40B, Section 20 and Section 18 of the Rules and Regulations of the Housing Appeals Committee (June 3, 1984). Regulation 18.02 of the Rules and Regulations of the Housing Appeals Committee establishes one and half percent (1.5%) of the total area zoned for residential use as the maximum upon which low and moderate income housing can be constructed. The Applicant has computed that there is approximately 17,043 acres (26.3 square miles) of total land in the Town of North Andover. The total acreage of federal, state and municipal owned land is approximately 4,658 acres leaving approximately 12,385 acres available for development, which would allow construction of subsidized units on 185.8 acres. Land which has been set aside for low income housing (those built or for which a building permit has been granted) is 48.60 acres, which is substantially less than the amount allowed under the statute. Regulation 18.03 of the Rules and Regulations of the Housing Appeals Committee, and O Chapter 40B, Section 20, states that no more than 3/ 10 of 1 percent of the land area of the Town in which the project is to be built can assume construction of low and moderate income housing within any one calendar year. The Applicant is not aware of any project of this nature that has come before the Zoning Board of Appeals for approval or consideration in the past year. 0 ►STATUTOR.MSC. X rX 9 ❑* 9 Eel 10. REGIONAL NEED FOR LOW AND MODERATE INCOME HOUSING 0 North Andover, Massachusetts, located in Middlesex County is a residential community with a growing population and business base of approximately 20,000 residents. At an area of approximately 26.3 square miles, this equals an overall density of 751 persons per square mile. Based on the current economic growth of the industry in Town and along Route 495, Route 128 and Route 93, corridors, the overall demand for affordable housing in the Town will substantially Q increase over the next five years. Beyond the regional need for low and moderate income, the Town of North Andover has less than 10% of its housing stock set aside for low and moderate income persons. Q According to information published by EOCD (see attached) and information provided by the Town through December 2, 1988, the Town of North Andover has 7,041 units of housing of which 537 units are available to low or moderate income persons (7.63%). EOCD defines "available" units as those units which are built or for which a building permit has been issued. Based on this information, there is a compelling need for affordable housing in North Andover. O ►REG NEEDNSC. U E& C 0 0 c ttw i i Vt L+HU of LUM i f ltd ANU UtVELOPMEMT PERCENT SUBSIDIZED Preliminary List 12-02-88 NOTE: This data is for review and comment and does not constitute an official EOCD Housing Inventory for the purposes of MGL408. -4- 0 TOTAL COMMMITY PROGRAM SUBSIDY FAMILY ELDERLY OW774 PERCENT (Year-Rdmd Housing Units) UNITS UNITS... UNITS UNITS UNITS SUBSIDIZED NEEDHAM ( 9,486) 382 362 139 223 382 4.03 O NEW ASHFORD ( 75) 0 0 0 0 0 0.00 NEW BEDFORD ( 39,482) 5,373 4,819 3,603 1,410 5,351 13.61 NEW BRAINTREE ( 221) 0 0 0 0 0 0.00 NEW MARLBOROUGH ( 487) 0 0 0 0 0 0.00 NEN SALEM ( 272) 0 0 0 0 0 0.00 NEWBURY ( 1,668) 70 70 0 70 70 4.20 NEWBURYPORT ( 6,251) 432 431 83 349 432 6.91 NEWTON ( 29,G81) 981 878 208 728 981 3.3? O NORFOLK ( 1,679) 76 76 12 64 76 4.53 NORTH ADAMS ( 7,088) 885 730 294 383 885 12.49 NORTH MWAR" ( 7;04T) =~ ` 537 537 304 161 -5V= t.0 - NORTH ATTLEBOtOUGH ( 7,577) 281 281 47 234 281 3.71 NORTH BROOKFIELD ( 1,500) 102 102 14 88 102 6.80 NORTH READING ( 3,674) 44 44 4 40 44 1.20 NORTHAMPTON (10,5B3) 1,228 1,136 640 534 1,228 11.60 NCRTHBOR011GH ( 3,349) 160 160 46 114 160 4.78 NORTHBRIDGE ( 4,361) 297 297 168 129 297 6.81 NORTHFIELD ( 935) 0 0 0 0 0 0.00 NORTON ( 3,808) 292 292 162 130 292 7.67 NORWELL ( 2,821) 116 116 28 88 116 4.11 NORWOOD ( 10,604) 843 570 249 406 843 7.95 OAK BLUFFS ( 1,056) 4 4 4 0 4 0.38 QAKHAM ( 381) 0 0 0 0 0 0.00 ORANGE ( 2,853) 367 367 139 228 367 12.86 O ORLEANS ( 2,526) 230 230 30 200 230 9.11 OTIS ( 368) 0 0 0 0 0 0.00 OXFORD 3,942) 338 338 220 118 338 8.57 PALMER 4,476) 204 204 68 136 204 4.56 PAXTON ( 1,153) 0 0 0 0 0 0.00 PEAB(DY ( 16,242) 1,209 1,102 270 877 1,149 7.44 PELHAM ( 398) 0- 0 0 0 0 0.00 PEMBROKE ( 4,095) 176 176 13 163 176 4.30 O PEPPERELL ( 2,645) 67 67 6 61 67 2.53 PERU ( 602) 0 0 0 0 0 0.00 PETERSHAM ( 364) 0 0 0 0 0 0.00 PHILLIPSTON ( 304) 0 0 0 0 0 0.00 PITTSFIELD 20,381 1,786 1,512 508 872 1,760 8.76 PLAINFIELD 182 0 0 0 0 0 0.00 PLAINVILLE ( 2,134) 40 40 0 40 40 1.87 PLYMOUTH ( 13,116) 506 460 259 191 506 3.85 O PLYMPTON ( 617) 0 0 0 0 0 0.00 PRINCETON { 832) 0 0 0 0 0 0.00 PROVINCETOIN ( 2,168) 37 37 13 24 37 1.71 QUINCY ( 34,290) 2,755 2,469 758 1,712 2,755 8.03 RAtDOLPH ( 9.602) 383 356 9 374 383 3.99 RAYNHAN ( 2.885) 96 74 12 62 74 3.33 READING ( 7,485) 297 297 24 273 297 3.97 REHOBDTH ( 2,470) 36 35 12 24 36 1.46 O REVERE ( 17,110) 1,377 1.375 497 878 1,377 8.05 RICHMOND ( 220) 0 0 0 0 0 0.00 ROCHESTER ( 1,040) 0 0 0 0 0 0.00 ROCKLAND ( 5,005) 335 336 210 126 336 6.71 ROCKPORT ( 2.988) 116 116 36 80 116 3.88 ROME ( 166) 0 0 0 0 0 0.00 ROWLEY ( 1,359) 54 54 12 42 54 3.97 ROYALSTON ( 358) 0 0 0 0 0 0.00 (� RUSSELL 544) RUTLAND 0 0 0 0 0 0.00 1,460) 0 0 0 0 0 0.00 SALEM ( 15,865) 1.521 1,293 768 525 1,521 9.59 SALISBURY ( 2,191) 80 80 0 80 80 3.65 SANOISFIELD ( 253) 0 0 0 0 0 0.00 SANDWICH ( 3,572) 7 7 7 0 7 0.20 SAUGUS ( 8,301) 592 592 105 387 592 7.13 SAVOY ( 226) 0 0 0 0 0 0.00 O SCITIATE ( 5,755) 294 294 52 242 294 5.11 NOTE: This data is for review and comment and does not constitute an official EOCD Housing Inventory for the purposes of MGL408. -4- 0 !j' Al 11. RELATIONSHIP OF PROPOSED HOUSING AND TOWN PLANNING CONCERNS A. RELATIONSHIP BETWEEN PROPOSED HOUSING AND NEED TO PROTECT HEALTH AND SAFETY OF OCCUPANTS The health and safety of occupants of the proposed project and residents of the Town will O be protected by the constant monitoring of the construction process by the design and management professionals comprising the development team. Architectural design of the project will be performed by a Registered Architect experienced in the design of multifamily residences and familiar with the needs and desires of the community. All construction materials will be of high quality and the construction will meet or exceed all applicable standards of the Q Massachusetts State Building Code and Local Requirements. All development and construction details will be formulated in cooperation with the various Boards and Departments of the Town. All construction will be performed by licensed, experienced contractors, whose continued success in the community depends primarily on maintaining their reputation for quality and Q workmanship. During construction, on site inspections will be conducted by the Architect, Engineer, as well as full time field supervision by the Contractor to be selected by the Applicant. As required by the State Building code, appropriate on site inspections will be made by the various Town Departments. Q (a) Foundations and structural framing will be designed jointly by a Registered Architect and a Registered Professional Engineer, experienced in the design of structural systems of this type. All construction will comply with standard good practices and the applicable State and Local Codes. 0 (b) Sewerage disposal will be handled by town sewer. (c) Construction of the project will comply with the State Building Code with respect to fire -resistive construction required for the proposed occupancy. Fire alarm systems, smoke and heat detectors will be installed as required by the State Code. The construction plans will be reviewed with the ,North Andover Fire Department 0 to solicit any input or improvements they may recommend. (d) Automobile circulation on the site was designed to minimize impact to the residents, maintain esthetics, and provide safe and efficient access and egress from the proposed housing. Access to the site by large service vehicles is properly provided for. The parking on the site was redesigned to (i) increase the number of spaces (9 to 12) and (ii) provide sufficient buffers between parking areas and units. 0 9 M B. RELATIONSHIP BETWEEN PROPOSED HOUSING AND THE NEED TO PROMOTE BETTER SITE AND BUILDING DESIGN Design of the proposed buildings is based on providing an aesthetically pleasing complex in harmony with the surrounding residential and commercial area. (a) The maximum height of any of the proposed housing units is two and half stories. The buildings will be situated on the site in a manner that maintains the natural O topography and character of the site, utilizing inherent features of the land (including the existing foundation location) to create a natural environment with a minimum of excavation and earth moving. Extensive studies were prepared by the Architect to insure the privacy of not only 4 residents of the proposed housing, but the residents of adjoining complexes. In addition, the plan will provide landscape barriers consisting of fencing, natural features and plantings to isolate the proposed housing from the abutting buildings and create a tranquil community atmosphere with the complex and minimize the G visual impact to abutters. (b) All proposed b-iildings will be of pitched roof, wood frame constn.ction and architecturally compatible with the surrounding construction. All windows and portals will be of residential scale, with a level of detail consistent with the a surrounding buildings. (c) The parking area will provide two (2) spaces per dwelling unit. Access ways, egress, radii, etc. will be in accordance with good practices and meet requirements of the Town Engineering Department. C. RELATIONSHIP BETWEEN PROPOSED HOUSING AND NEED TO PROMOTE OPEN SPACE The Applicant's proposal provides open space for the residents. n 107 C 0 12. CONCLUSION Q The Applicant has through this Application satisfied all of the requirements under M.G.L. Chapter 40B, Sections 20 et seq. and the regulations thereunder (collectively, the "Regulations"). These include specifically: O I. 760 C.M.R. 31.01 - Standing, and Status of Applicant 1. The Applicant is a public body politic as defined by the Regulations; 2. The Applicant owns the Premises; O 3. The Applicant has received funding commitments from EOCD. H. 760 C.M.R. 31.02 - Local Action Prere4uisite Q 1. The Applicant has provided a complete site plan showing: (a) locations and outlines of buildings; (b) locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas, landscape areas, improvements and open 6 space. 0 2. The Applicant has submitted the following information on the existing and proposed conditions which state that there is no significant impact on the environment or the surrounding area: (a) Site Conditions. 3. The Applicant has submitted architectural renderings of the proposed development which show typical floor plans and elevations and further showing construction 0 type and exterior finish. 4. The Applicant has provided a survey plan showing all utility locations required under 760 C.M.R. 31.02 for septic plans. 0 III. 760 C.M.R. 31.05(2) - General Scope of Evidence (as to "Consistent with Local Needs") 1. The Applicant has shown a regional need for low income units in the Town. 2. The Applicant has clearly demonstrated that development will not adversely 0 impact: E (a) the Health and Safety of the residents of the development or the abutters due to the design and proposed quality construction of the units, roadways, O and town sewer system. (b) the neighborhood, by insuring the compatability of site and building design. Sufficient open space and parking is provided for the residents without impacting the surrounding area. The Applicant through this Application has demonstrated the compelling need for this housing and has shown the Applicant's continued attempt to meet its state mandate of providing housing for low and moderate income persons. In conclusion, the Applicant petitions the ZBA to grant a comprehensive permit under MGL Chapter 40B consistent with this Application. O •CONCLUSI.MSC. X M C Al x E 13. REQUESTED VARIANCES FROM LOCAL BYLAWS AND REGULATIONS O The Applicant is submitting this Application for a Comprehensive permit to allow subsidized multi -family dwelling units on the site. The site is located in a Residence R. The Applicant has enclosed a certificate of the Project Engineer certifying as to proposed use and variances required. The Applicant has developed the Plans to minimize the variance needed. According O to the Project Engineer, this Project meets all zoning requirements. In addition, the Applicant requests exceptions to all applicable zoning, Planning Board, Board of Health and other bylaws and regulations inconsistent with the development, construction and occupancy of the Project according to this Application. 0 C n 0 X X C�: p ENGPIR BPS CERTMCATE AS TO USE AND D24MMONAL REQUULZMZNT PUtSUANT TO CRAP= 714 0 TO: DiMs, Maim A. D'ABosdn One Bann Place Boston, Massachusetts 02108 V-: North Andover Housing Authority Family Housing 0 Ashland Street,North Andover 1. us Reaulaj= 0 C C 0 ❑r Al C x TWS is to oeftif► that die PMjaat u Ashland Street is to be onastructed undef a oomprebe nsive permit to be issued by the ZoWi aS Board of Appeals wader M.G.L. Chapter 40B and thus requires the foliowin j use and dimensional wWMn and varianm: (a) Zoning DistriVa: Tz-A (b) PrcpMd Use of Nene Townhqusrr. e '-Residential .a..�......��� (i) A116ind Used Under the By-law: multi R&sidenti& Sectio» of By-law.. (it) Is Proposed U Allowed UrAW the Bylaw: _Ysg,..�,.__ (a) Dues Project require Site Plan Approval: , You, (d) Don PMect lies wit a a flood plain zone or Mzf W dinrict? �t�,..,,..i. It ya, plew indicate flood plan cle vadea of proposed Neer. Flood PWn Bkvatkm: NSA. Pt�Opnsed B1E4*M: N . A l (e) Does Project t ie Within a Watershed PMWdon ZW&I un O If ye:, under wW appfimble s edw of the 39-W s, ProOos0d V O Area of Plop" 20470 . F . N.': amu Flops Ara _S 61; 6 fi _ -V-,. a irC No n Number Of 9 Dda 2 "one 02 XPL ft9M of &UdWs 291 an O Front Yard 12.5 2QZ NO Yazd Rest . 2 0 � tom_ Yam 2 e o cnc 30 to Wild! ,g1_ A/�o m e None LA DV* ftme ip of LOt COMP 224 ...�;:.�._ No e Floor AM tuba=....�....._ "Of"? ,„ i� 9 3. ' *8910S.F.Total includingexist.ing duplex. a Pluutina DOW Mules and RtRe�ladoas (pkae ��} VW dwreby s � �t��l�ouo+�a O Site plan approval.Applicant is seeking a waiver of the site plan approval. O 4. 1% Project does not nkat the !otIOWaj IMM of Heddl Rtdes and P.%U iOna and tbeMby MgUItt foUW*JAS wdvvS: N.A. O O aft Idm "A CLIAUM S. The PMect dM not mW 00 lNltowinj bylaw% rules, SIMMS Ad O db+saoe:; N . A. ►❑ D Q O O O O 0 0 0 0 o Witum my had aid sal this .,7 day of SeePttember,, sib Seil: .a�t�D �Rra_ 8 — Na tit1923 s ROR Ce, Cil Cry E X 0 X 101 X X 14. TOWN COMMENTS The Applicant met with the Technical Review Board on August 8, 1990. The Board made the following comments. Our response to these requests are also provided. Town Comments 1. Request for handicapped units or a showing there is not a need. 2. The Fire Department requested a 12 foot clearance between the Northeast property line and the building for fire apparatus equipment. 3. Fire Department requested a grasscrete road behind the building. 4. Fire Department requested that there not be fenced in the back yard to separate yard spaces. 5. Fire Department requested the use of a sprinkler system. ►TOWN COM.MSC. Applicant's Response A study was made by the Applicant which showed that a need did not exist due to the availability of available existing handicapped units in the area. The Building has been moved on the site plan to provide for the 12 foot clearance as requested. See Exhibit 1. Applicant seeking approval for the use of a stabilized surface to support fire apparatus in lieu of the grasscrete because of cost and aesthetics. Applicant is requesting approval for the use of removable/breakaway fences to provide privacy to each occupant as well as meet the needs of the Fire Department. Sprinklers will be provided as required by the North Andover Building Code. August 20, 1990 Hope Minicucci Executive Director North Andover Housing Authority O One Morkeski Meadows North Andover, MA 01845 Dear Hope, I am writing in response to your question concerning any statutory requirements that the family units on Ashland Street, currently under design, be accessible for handicapped individuals. The Fair Housing Amendment Acts of 1988 requires that certain features of "adaptable design" be incorporated into new housing developments consisting of four or more dwelling p units covered by one roof when the entire unit is on the ground floor. This law does not apply to the Ashland Street development since they are designed as two-story townhouses. C 0 0 As you know, both the North Andover Housing Authority and EOCD were very interested in seeing that at least one of the four units be handicapped accessible. Unfortunately, we discovered early in the design process that this was not possible given the extremely tight nature of the site. Please let me know if you have any additional questions. Sincerely, 4--e. LZ� David Whalen Project Manager 100 Cambridge Street Boston, Massachusetts SEP -11-90 T U E 9:5!5 5086820815 N A N D H A C 0 NORTE ANDOVER HOUSING AUTHORITY One Morkeski Meadows P.O. Box 373 North Andover, Massachusetts 01845 O (508) 682-3932 July 9, 1990 Mr. Richard P. Muck, Director Management Division 0 U.S. Department of HUD 10 Causeway Street Boston, MA 02222-1092 RE: 504 Handicapped Accessibility Survey 0 Dear Mr. Kluck: The North Andover Housing Authority manages 269 units of elderly/handicapped housing. 0£ these units, 23 are handicapped accessible. The exact breakdown is as follows: Q State elderly/handicapped: (164 units) 2 conventional wheelchaired units 10 congregate units, all wheelchair accessible P. 02 Federal elderly/handicapped: (105 units) 0 6 conventional wheelchaired units 5 modified handicapped units (non -wheelchair kitchen) 6 sensory disabled units (five of the above plus one recently modified) O The Authority also manages 30 family units, all of which are townhouse and are exempt. Four of these state owned units are, however, about to be demolished. We requested that the architect design a four unit building incorporating two (2) two- bedroom wheel -chair units into the plan. A copy of this C original pian is attached. Due to very tight site restrictions, and parking we cannot afford to lose (required by the town), the units did not meet the 1460 minimum square footage requitement. They were only 800 square feet, and were therefore not feasible. O In researching the need for these family units, the Authority contacted Wood Ridge Homes, a 230 unit MHFA, Section 8 cooperative development in North Andover for their numbers. We didn't feel that this was a fair comparison since Wood Ridge is a cooperative and persons waiting on their lists are waiting also for the 0 homeownership benefit of cooperative living. SEP -11-90 T U E .9:56 5086820815 N A N D H A P.04 0 A5 When we contacted them with a one -bedroom unit availability, none of their applicants responded. They were all "specifically" waiting for Wood Ridge. (See attached letter for numbers.) The Authority also contacted Riverview Commons in Andover. They currently have four (4) two-bedroom units ready for occupancy with one more under construction. They have not be able to rent the fourth unit to a wheelchaired family and have dim hopes for the fifth. These units do required a subsidy, but any family in a dangerous housing situation due to accessibility would be given a preference from a housing authority under substandard housing and would be able to rent one of these units. They had no waiting list, if fact were hoping we were contact - 0 ing them with a tenant. Brookside Estates, also in Andover, has ten (10) three- bedroom handicapped units. Seven of these are rented to non wheelchaired families. These units also require a subsidy, but again, a family dangerously housed in a non accessible unit O would be given a preference. They also had no waiting list. The Authority currently has no elderly or family handicapped applicants on its waiting lists. The last one -bedroom unit took six months to find a wheelchaired person. Although our handicapped units do not number 10$, the need is not there. O We have had one applicant for a two-bedroom in the last 9 years. He was housed through Andover Housing at Riverview Commons in Andover with a 707 certificate within weeks of applying. The Authority is currently modifying any unit rented to a sensory disabled family to accommodate the disability. We O have also just purchased and are having installed, a Telecommun- ications Device for the Deaf (TDD). The Town of North Andover is not aware of any specific handicapped accessible units with the exception of private homes within the community. The Authority has not received any complaints of any landlords refusing to modify or allow "reasonable accommo- O dations" to be made, nor do we know of any who have been asked. The Authority would consider incorporating handicapped housing into any future family developments it builds. Please notify me if further information is needed. I can O be reached at (508) 682.3932. Sincerely yours, Hope R. Minicucci, PHM O Executive Director S E --P--_ 1 1— 9 0 TUE 9:55 5096920915 N AND H A P. Q 3 TUE 9.43 WOODR l DGE FAX NO. 15086830899 P101 O Wood Ridge 10 Wood Ridge Drive !� North Andover, Massaehusctts 01845 O Telephone 682.7053 0 May e, 1990 Hope Mln.iC;UC,ai. hh). Ario.Jayipt" Housi-ng AlAth ori,ty O Fax # 6r.-12--00415 Dow, Ms. Main,iCLICXI: '11-1u) fol.iuwinP is a list c,)f 17r1rrdicap arr:essar; le onits at. Wand 1 bedroom: 6 units, 7 r'eopj,a an wait list 2 beer. ocm : 3 units, ,14. ori wait .List 3 ba droom : 3 units, 3 on wait list. O Please call me .if you t-equir-e Nny addit.ionAl info?-mtation. slrlc ee .e,ly, 0 BARKM MANAGEMC';NT COMF'AMY l�eaul 8er� .s�7n Ar1mi.nist y"ator, Al 1 SEP -11-90 T U E r 0 f 9:57 5096820815 N A N D H A P.06 ADAPTIVE RE -USE OPTION: Scheme l: With the addition of about 900 square feet of space, the insertion of two new stairways, and various porches, the building may be 100% renovated to provide four new units as illustrated in Scheme #1 (see enclosed drawings). With ramp access, one unit could be barrier free. Each unit could have a private grade level yard. The apartments, however, are not large, and the basement does not readily lend itself to additional space for storage or laundering. Conclusion: As the drawings illustrate, the renovation of the existing building could retain the scale and character of the neighborhood, but as the cost comparisons illustrate, this option is not cost effective when compared with the potential quality of new construction. NEW CONSTRUCTION: APARTMENT SOUSE OPTION: O Scheme 2: Scheme #2 illustrates a center -entry four -unit pian of 4 stacked apartments. This option would permit the two at -grade units to be barrier -free, with adjacent protected yards. The two above -grade duplex units would overlook their respective yards, with direct back -stair access. Full basements could provide additional Rstorage. NEW CONSTRUCTION: TOWNHOUSE OPTION: Scheme 3: Scheme #3 demonstrates a four -unit townhouse plan, with two three-bedroom and two four-bedroom units. Each unit would have grade -level access to a private porch or yard adjacent to its kitchen. Entry ways as well are entirely individual. Party walls would guarantee good acoustical separation, and no unit would be stacked over other units. Finally, the vertical organization would provide excellent interior zoning. aROSCREA ARCHITECTS SEP -11-90 TUE 9:!57 5086820815 N AND H A I 1 w x u `] m Ef u W i 1 l -► f s t� 4 I At4 LAtt-b tMT—CX--'T EEC „ ROSCREA ARCHITECTS •„ I 4,4 Crave woe j 3 Davi, Square N Sumtirville, MA 02144 NORTH ANDOVER HOUSING AUTHORITY 705.2 Aahlurd Strout North Andover. Mnusuchuaette It's ft P . 05 ;nununplm nluuuu.uw un. ;r : P/ a p0 IN I 3 ! a u.unw .. Ill gloom see goggle, NORTH ANDaVFR tta I a ZC N 2. 22. C - i e - muuwe M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. v Kindly submit $ .00 for the following: rp Filing Fee $ jc o � Postage $ c o OS Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS, Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman f NORTI`e ?Cf r. e 19 . Richard J. Byers, Esq. Clerk p s i i Joseph D. LaGrasse o David R. Webster Associate ,Vembers Thomas D. Ippolito ,�•; ^ i Richard M. VaillancourtDani ��Ss,�H„s LEGA! NOTICE ��`� S. Braese, Esq North Andover, Zoning Board of Appeals Notice is hereby given that the Board of - Appeals will hold a public i hearing in the Meeting, Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday Legal Notice g the 10th of April, 2007 at 7:30 pm to all parties interested in the applica- North Andover, Zoning Board of Appeals tion of the North Andover Housing Authority, 310 Greene Street, for premises at: 0 May Street (Map 18, Parcel 5), North Andover, Notice is hereby given that the Board of Appeals will hold a public hearing in the The applicant is Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the l Od' req requesting the issuance of a Comprehensive Per- of April, 2007 at 7:30 pm to all parties interested in the application of the North mit pursuant to the Massachusetts Compre- Andover Housing Authority, 310 Greene Street, for premises at: 0 May Street (Map hensive Permit Law; (Md o§ N3) 18, Parcel 5), North Andover, MA- The applicant is requesting the issuance of a the TowB' ann2 Andover Comprehensive Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law Permit Rules and Regu- lations of the Zoning (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules Board Rules"). The (Poe and Regulations of the Zoning Board of Appeals (the "Local Rules"). The proposed pose th r development is for a two-family three-bedroom rental dwelling, one unit of which will be amity eetbedis room rental dwelling, one handicapped -accessible, located on a.33 -acre parcel of land with a Chapter 705 (M.G.L., unit of which will be handicapped -accessible, c. 121B, §26) grant from the Department of Housing and Community Development. located on a .33 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from The said remise affected is roe with frontage on the North side of May Street P property � �$ y the Department of Hous - ing and Community ity within the Residential 4 -4 zoningdistrict. ) Development. The said premise affect- ed is property with Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, frontage on the North side of May Street within North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. the dist ct al 4 (R a) Plans are available for f review at the office of the Board of Appeals, 1600 Osgood Street, North By order of the Board of Appeals MA n o 9h Fr. ay omdthe Albert P. Manzi, HI, Esq., Chairman hours of 8:30 AM to 4:30 By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman ET - 3/26, 4/2/07 Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009B. M18P5. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - wuRv.to-%vnofhorthandover.com LEGAL NOTICELEGAL NOTICE LEGAL OTICE NORTH ANDOVER ZONING BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on 7Wesday the 10th of April, 2007 at 7:30 p.m. to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at 22-24 Ashland Street (Map 17, Par- cel 19), North Andover, MA. The applicant is request- ing the issuance of a Comprehensive Permit pur- suant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover. Comprehensive Permit Rules and Regula- tions of the Zoning Board of Appeals (the "Local Rules'. The proposed development Is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a .59 -acre parcel of land with a Chapter 705 (M.G.L., c.121 B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 A.M. to 4:30 P.M. By the order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Legal Notice 2007-009A. ET — 3126, 4/2/07 Town of North Andover ZONING BOARD OF APPEALS /? V ttt V I a'`7O\ F < A Legal Notice North Andover, Zoning Board of Appeals Town Clerk Time Stamp ,t -1"c 1V'_D ,'„- 2007 MAR 10, El 2: '3 Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the I& of April, 2007 at 7:30 pm to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Rules!). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a.59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009A. M17P19. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0026 Date: April 4, 2007 APPLICATION TYPE SUBMISSION DATE: Comprehensive Permit Thu Mar 15, 2007 Applicant's Name: NAME ^— NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET TOWN: NORTH ANDOVER STATE MA I ZIP OODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owners Name: NAME: NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET SITE ZONING: TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: NORTHANDOVEI, MA Work Location.: MAILING DATE SITE ZONING: 22 ASHLAND STREET APPEAL DATE: Tue Mar 13, 2007 TOWN: SECTION OF BYLAW: NORTHANDOVEI, MA 01845 HEARING DEADLINE DATE: GIS # MAP: BLOCK LOT: ACTION TAKEN: 600 1017.0 1 0019 I HEARING DATE Reason for filing: Comprehensive Permit for two-family thre"edroorn rental dwelling, one unit of which will be handicapped accessible, on a.33 -acre parcel Chapter 705 (M.G.L., e. 1218, §26) gram from the DHCD. HARDSHIP. FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE: MAILING DATE HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 13, 2007 Wed A pr 04, 2007 REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE Mon Mar 26, 2007 Sat Apr 14, 2007 FIRST ADVERTISING DATE HEARING DATE VOTING DATE DECISION DATE Mon Mar 26, 2007 Tue Apr 10, 2007 SECOND ADVERTISING DATE: HEARING TIME: 1 VOTING DEADLINE: DECISION DEADLINE- EADLINEMon MonApr 02, 2007 1 Tue Apr 24, 2007 1 Tue Apr 24, 2007 MEMBERS PRESENT: VOTE-- MOTION OTE MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMSO 1998 Des Lauriers & Associates, Inc. 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Becai types throughout Cape Cod, Founded In 1969, our firm h; commbnent to client service 8 We Assist our Clierd 0 We Provide Creative III We Develop the higi • We Maintain contim • We Provide continu 'Building Relationships with a Brown Undquist Fenucclo & 203 Willow Street, Suite A Yarmouthport, MA 02675 E http://capearchitects.com/ 0 a 12007 ZBA432 DateZ..-.��3..-..O..�7 TOWN OF NORTH ANDOVER RECEIPT This certifies that A .... vt,.V.f .. ............ has............................. for f . ..... 7-40 tv ...... Receivedby ...... .............................................. Department......... ;?,.6..4 ................................................................. WHITE: Applicant CANARY: Departrnent PINK: Treasurer ZBA 424 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that A cit, 144 0)1 ......... j .............. ................................. has paid$.M.'..�.u) ... ....... �07-.ao-'M for .. V41, 441,4�7& ... b�. Receivedby .... ................................................ Department................ A ........................................................................ WHITE: Applicant CANARY: Department PINK: Treasurer PAY TO THE ORDER OF RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MA 01845 9353 r� o �r 53-7054/2113 DATE G i DOLLARS (1) Im Banknorth v �--- Mass chusetts FORy� w -r — 11'0093 Aus -11:21 L3?054Si: 0 2 1 56009 5u' ZBA432 Date ...- ��.. �.{..� TOWN OF NORTH ANDOVER RECEIPT 1 G This certifies that .A.b..manzG .A .... �c.�:�.�..�--p..0............ haspaid ... 3 ..!...(/d/....�%....l..�....:3 ......................... for �0 .....tiee.... •/•: .a�..•/•.... . ��1.�1 ..... .r`.!L� . Received by V ..:............ 1,............................................. . Department........7. .A. k................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover, Zoning Board of Appeals Town Clerk Time Stamp 7-F EIVED 7,Cc,l:., 2001 HA,R 193 Pi°1 2: 4. 8 1+ P 313'! E"I . Notice is hereby given that the Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 10th of April, 2007 at 7:30 pm to all parties interested in the application of the North Andover Housing Authority, 310 Greene Street, for premises at: 22-24 Ashland Street (Map 17, Parcel 19), North Andover, MA. The applicant is requesting the issuance of a Comprehensive Permit pursuant to the Massachusetts Comprehensive Permit Law (M.G.L., c. 40B, §§20-23) and the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (the "Local Wee). The proposed development is for a second two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, located on a .59 -acre parcel of land with a Chapter 705 (M.G.L., c. 121B, §26) grant from the Department of Housing and Community Development. The said premise affected is property with frontage on the Northwest side of Ashland Street within the Residential 4 (R-4) zoning district. Plans are available for review at the office of the Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 AM to 4:30 PM. By order of the Board of Appeals Albert P. Manzi, III, Esq., Chairman Published in the Eagle -Tribune on March 26 & April 2, 2007. Legal Notice 2007-009A. M17P19. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnordmdover.com J kI Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, mice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch 40A, §17 NAME: North Andover Housing Greene Street, North Ando -v ADDRESS: for remises at 22-4 Ashis North Andover. MA_ 01945 The North Andover Board of Appeals heli room, 120 Main Street, North Andover, U North Andover Housing Authority, 310 North Andover, MA. The applicant is rec Massachusetts Comprehensive Permit La, Comprehensive Permit Rules and Regula development is for a second two-family 0 accessible, located on a .59 -acre parcel d of Housing and Community else public n grant the appeal on June 2, 2007 and discussed the meetings of June 28 and ScTtember 11, 2007, Legal noti published in the Eagle -Tribune, a newspaper of general' April 2, 2007. The said premise affected is property with Residential 4 (R-4) zoning district. Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. 9, Jane 12, top floor meeting application of the ap 17, Parcel 19), t to the '). The proposed handicapped- rom the Department The Board voted to re under advisement -'s lists and were r, on March 26 & nd Street within the The following voting members were present for all hearings: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The following non-voting members were present during many hearings: David R. Webster, Richard M. Vailiancourt, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse, and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals voted to grant the Comprehensive Permit subject to the 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans. Voting in favor of the Comprehensive Permit: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The 10 page complete Decision with the 5 findings of fact, the 28 conditions, the 6 waivers, the list of documents, and the associated Plans are on file at the Zoning Board of Appeals, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts and can be viewed during 8:30 to 4:30 office hours. 1600 Osgood Street; Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Town of North Andover 'Fowl) Clerk Time stamp ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. CGairvan „ Ellen P. McIntyre, 1 'ire-Chaintan rofe<_µ'ORTF� 0 L i•Richard JByers,Esq. Clerk 2` 2e 03 Joseph D. LaGrasse David R. Webster A.cmciate McMbers * i Thomas D. Ippolito ^o Richard M. Vaillancourt '!s 4'�R go Daniel S. Braese, Esq. IT Hus�� FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: 2007-009A - Page l of 10 1000 Osgood Strec°t, I3itilditic, 20 - Sttite 2-36, North Andovcr, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Hieb - utivw.to"imfnorthandover.com Town of North Advanced Search Town Calendars Schools links Send Us Comments AJ,,6cReader 1.n �`o I '] 44 Virtual Town Hall' There will be a Special Open Meeting of the Zoning Board of Appeals Under Advisement Thursday, August 30, 2007 at 7:00 p.m. in the Town Hall Meeting Room - 120 Main Street, North Andover, MA UNDER ADVISEMENT: (*Requested continuance t_o-August 30 2007) Petcr (PribhuZllingprani, Trustee- Comprehensive Permit B -d _ _ _., MEM/,IL/RB/AM/TI/RV One Hundred l-ourtee_n_'f_r_u_st for premises ac Turnpike Street (Map 1061), Parcel, 63) ("( Inder itdvisement _requested continuance to August 30, 2007) North Andover I -lousing Authority_('omprehensiv_e_Permit .R-4., #EMMURB/AM/TURV/DB Ior premises at: 22-24 Ashland Street Note. Board deliberations and note on ao} issue taken under adN isement mai take place later in the ntee ing after the conclusion of the I learing and other matters listed on the agenda. -All interested parties are invited to remain to the end of the meeting". North Andover Town Offices 120 Main Street, North Andover MA 01845 Phone: (978) 688 9501 httn•//vvvv4v trnunnfnnrthanciovc-r rnm/P;tvec/NAndnvt-rMA SRA/7RAtTenda./Nt-wu/"?ODtx-ument 9/30/1(1(17 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: June 28, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007. 4. The following documents and exhibits were received during the public hearing. From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", C1 -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Clerk Board of Appeals 3-19-07 From Contents Item Date Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C1 -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: 2 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. MCiSION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, North By: Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA. DHCD Project #196019 Date (& Revised Dates): 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07,107/18/07 Registered Professional Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Major Land Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio & Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 3 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, 0 consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; , Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted 5 to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 10 I . A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. [Or does the 12' requirement in 126-1.990 mean that 1.8' doesn't need a waiver?] 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terns and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on 7 2007. f f, sl �"-- td C�qpo�A- jfct� J,c-, 6�f, W,+e �, stit��k) uhj- Cf/� !Z if 11S� C.C/�,l /2GU-7 (c-,< L,�,4 A) 3bird rc)ovl-i ci-N FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet I", C 1-A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C 1-A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1.The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #19601.9 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07, 107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, L! which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North 5 Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. G9 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' 1 To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 7 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Jos h D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on .2007. Glennon, Michel From: Willett, Tim Sent: Wednesday, September 05, 200710:46 AM To: Glennon, Michel Subject: RE: North Andover Housing's Ashland Street draft decision The plan and decision are acceptable to the Water and Sewer Depts. -----Original Message ----- From: Glennon, Michel Sent: Friday, August 31, 200712:19 PM To: Bellavance, Curt; Brown, Gerald; Daley, Lincoln; Martineau, William; McKay, Alison; Sawyer, Susan; Willett, Tim; Subject: North Andover Housing's Ashland Street draft decision Hello, ZBA Chairman Manzi is requesting that you review the attached draft 40B decision, the cited site plan. The eai attached for your information. The draft discussion is scheduled for Thursday, 9-6-07. Thanks, Mich. << File: Decisic File: 22-24 Ashland Site 7-18-07.pdf >> << File: 1990-126&141 & waivers 2007-009A.pdf >> Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Page: 1 Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property, MAP PARCEL Name Address 17 19 North Andover Housing Authority 310 Greene Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 17 8 & 20 Robert Mc Carrick Mox 263, Milton Village, MA 02187 Naneaster-Road N-North-NorthMA-04 845-- 17 7 James Wilen L28Ashland Street, North Andover, MA 01845 17 6 Jason Horyn L,3� Ashland Street, North Andover, MA 01845 17 5 John Lu �45 Main Street, Tewksbury, MA 01876 17 4,21,22 Russell Hertrich -41 Hampstead Street, Methuen, MA 01844 17 17 2 1 Louis Kmiec001 Turnpike Street, North Andover, MA 01845 �'� C/O Countrywide Bank JC V 16 Ferry Street, North Andover, MA 01845 - a3 - ID'? 17 17 Fieldcom Realty Trust L14 -Wheeling Avenue, Woburn, MA 01801 17 11 Trombly Realty Corporation Lj41 Sutton Street, North Andover, MA 01845 ---"9-Sutton-Street; North -Andover MA-Ot84-5-- 17 13 Annie Williams 13 May Street, North Andover, MA 01845 ----21 Meq -Street; 4oAh- Andover, d, W --V--23-Maq Street;-Nefth-Andover M -MA -04-84 a ulO --.1.8 �_- 2 --Gtlarlea Fare- -----=51-May-Street; Ne4h-A-'rdover;-MA-0484,5- rir a --12-----------6 ---Bestway-R-ealty-T-rus#- ---P.O-.Box-32,-North-Andover,-MA-01 845 28 7 Sutton Street Realty Trust -119-123 Main Street #E2, North Andover, MA 01845 28 11 Trombly Realty Corporation 4-147 Sutton Street, North Andover, MA 01845 d t1 p Le, 4 -- ---Z — - - ---- BS M Refh oad w----Iron-Horse-Park High -Street; Na. allerie"A-01-862- 12 Olt ! 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Z J/ X --O PH S-362-8382 OB D o DHCD PROJECT NO: 196019 203 WLLON SIRE T SAE A YARM�A IPORT. 02675 _ .��� FAX 5DB-362-2828 22-24 ASHLAND STREET o ch 0 0 NORTH ANDOVER, MA OlP90 i1Y fl'IS tlN11A'r1tlUn p\_�fa m�J \M y'^M N\MuuN�Pif�oll-h 9 YN �Wn 11\Nexry1N mSl�sMf m 4.W ® too[ lw�l o J dW d3AOGNd HidON 0 o a N 133Z11S aN`d1HSb' VZ -ZZ o � z Cf) 00 O C' W w o y o o M o saga-ave-gmxvd Sava= VW'1WdH OVMA zees-ase-omHd vmmlawismollmmz 6 L096 L :ON 103fOdd QOH(I 9NISnOH a1 gncim 11Nn-I11f1W a3SOdOdd AlIdOHInV 9NisnOH d3AOGNd MON 'ONI •SiO3BH3dV rTMM 2138421 v OIOOfiN3d 1SIf1i90N11 NMOaB NOON OlP90 i1Y fl'IS tlN11A'r1tlUn p\_�fa m�J \M y'^M N\MuuN�Pif�oll-h 9 YN �Wn 11\Nexry1N mSl�sMf m 4.W ® too[ lw�l o J Page 1 of 1 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Wednesday, October 17,2007 12:52 PM To: Glennon, Michel Subject: NAHA Mich......... attached please find what I believe was the final form of the Merrimac Decision.............please just cut and paste the North Andover Housing information into that form and send it back to me for final review. The other form you sent was just too confusing for me....... APM Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978.681-6628 website: www.manzilaw.net .Lets just start out with the approved form. Confidentiality Nodce. The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 10/17/2007 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2007-009A - Page 1 of 1 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 4. The following documents and exhibits were received during the public hearing: From Contents North Andover Comprehensive Permit 2007-009A Housing Authority 22-24 Ashland Street (MI7P19) a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, 2007-009A - Page 2 of 2 Item Date Town Clerk 3-15-07 2007-009A - Page 3 of 3 issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", C1 -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C 1-A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 2007-009A - Page 3 of 3 FINDING R 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. The Town has a plan for production of affordable units certified by DHCD. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or departments 1. Board of Health 2007-009A - Page 4 of 4 ; �j 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 2007-009A - Page 5 of 5 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07,107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental 2007-009A - Page 6 of 6 price for such Affordable Units shall be set at a price affordable to households earning seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are either (a) residents of North Andover or (b) employees, either special or municipal, of the Town of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning seventy percent (70%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. 2007-009A - Page 7 of 7 Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. The Board shall make such determination and communicate same to the Applicant in writing, specifying any objections, within seventy five (75) days of the Applicant's submission of its proposed materials. 8. The applicant shall design such final plans with the following specifications: a. The applicant shall conform with all pertinent requirements of the Americans with Disabilities Act and Massachusetts Architectural Access Board, if applicable." 2007-009A - Page 8 of 8 9. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 10. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 11. The Board of Appeals hereby waives no fees. 12. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), either, if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by 2007-009A - Page 9 of 9 certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 8 1 U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board, as determined by the Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 2007-009A - Page 10 of 10 16. The Board and/or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. At such conference, the Board, Inspector of Buildings, and other town officials shall review the proposed construction schedule. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings by contacting the Board in writing in writing. At the conference, the Applicant, the Board, and other municipal officials or boards shall agree upon a schedule of inspections. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9' x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 2007-009A - Page 11 of 11 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals voted to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntire, Vice -Chairman_ Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. 2007-009A - Page 12 of 12 Page 1 of 1 Glennon, Michel From: Kevin Kiernan [KKiernan@allenmajor.com] Sent: Friday, .July 06, 2007 6:58 AM To: Glennon, Michel Cc: Tim Williams Subject: 22-24 Ashland Ms. Glennon, We spoke yesterday about the Ashland Street project. Our project manager is on a well deserved vacation until Monday. I will speak with him first thing Monday morning and get the plans you need over to you as soon as possible. Please feel free to give me a call if you have any questions. Thank you, -Kevin Kevin J. Kiernan, PLS Vice President Allen & Major Associates, Inc. 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Direct: (781) 305-9435 Tel: (781) 935-6889 Fax: (781) 935-2896 kkiemanOAllenMaj or. com www.allemnajor.com "Our mission is to provide comprehensive, timely and cost effective Engineering and Surveying services to our clients as well as safe and Environmentally sensitive designs to the public and our community." Notice to Recipient: This email and attachments may contain confidential and proprietary information intended solely for the recipient and, thus, may not be copied or retransmitted to any party outside the recipient's organization without the prior written consent of the sender. If you have received this transmission in error, do not read it. Please immediately reply to sender that you have received this transmission in error, and then delete it. Thank you. Copyright © 2007 Allen & Major Associates, Inc. All Rights Reserved. This message has been scanned by F -Secure Anti -Virus for Microsoft Exchange. 7/6/2007 FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: June 28, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007. 4. The following documents and exhibits were received during the public hearing. From Item Date Contents North Andover Housing Comprehensive Permit 2007-009A Town Clerk Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet 1", C1 -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Clerk Board of Appeals 3-19-07 From Contents Item Date Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Housing Requested Waivers 5-3-07 Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland Architects, Inc. and Allen St. Site Only, Cl -A, L-2, A-5, A-5.1, A-6, & Major Associates, Inc. A-7 FINDINGS 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 2 5. Fire Department 6. Police Department 7. Department of Public Works 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term 'Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein.. Conditions 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD By. Project #196019, North Andover, Massachusetts, Issued for Comprehensive Permit Application, February 1, 2007, Site Two: Proposed Two Family Building, #22-24 Ashland Date: Street, North Andover, MA, Local Housing Authority, North Andover Housing Authority, Sheet/Drawing: 1 Morkeski Meadows, North Andover, MA. 01845Revised 5/24/07 — 22-24 Ashland St. Site Only Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Registered Professional Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Major Land Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: TI Title Sheet, "Sheet 1" Existing Conditions, CI -A Conceptual Site Layout, Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By. Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio & Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouth rt, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations Z 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The rental price for such Affordable Unit shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (701/o) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be 4 unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; no snow storage on site, snow shall be trucked off-site. Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. 10. The Board of Appeals hereby waives no fees. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to fora by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 184. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 31 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), and Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: ',10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway ;18' wide is granted. [Or does the 12' requirement in 126-1990 mean that 18' doesn't need a waiver?] 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, HL Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. d 1471 na CIO OLA fa ki. -16fl hi 0 .0 6 Ln 0 n 0 -d 2 ai Ll� 0 n 0 0 Cl. c f,l IT) 10 CL ro cu In 0 ITJ 0 U) Fr 1q, CC m CC r7l i ITO an v DO sri fii rn 7-s 'D FJ 0 if) Z) (n 4 81�;-i@_.� W j I D Tr Ln CL cu rD J.7 0 (E) V Q1 rp -3 rp (p 4 ri Olo rr %C 4 X L Any annul sh,111 be fi'-1 da int iC(, in the Office of the r'ovin Clerk. 3 : O� ' Opo t •• j r� Area1A :X �s•, tass;' ic�q 6U ��►►�r�'� � � � 1 � 1 L 1,11 •11 TOWN OF NORTH ANDOVER MASSACHUSETTS North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 BOARD OF APPEALS NOTICE OF DECISION Date .. Marsh • 14.,. •1991.... • • Petition No...141-90 ...... • • Date of Hearing.. tiargh . 12,, 1.991 Petition of ... Nor.th .Andove.r ,Housing .Authority, , , , .. , ................................ Premises affected ..22-24. Ashland. Street, Referring to the above petition RE.c VESTING. A ... COMPREHENSIVE PERMIT UNDER MGL, CH. 40-B FOR MODIFICATION OF THE REQUIREMENTS OF THE . FIRE. LAN E. ON. THE .NORTHEASTERLY. .SIDE. OF..THE . BUILD.ING:. AND. MODIFICATION. OF. .T.HE . . PLANS SHOWING THE FOOT PRINT OF THE BUILDING BEING SHIFTED 3.5 FEET FROM THE NORTI'- sLWiX 0&'flM. EASTERLY. PROPERTY. LINE.ON.THE. PREMI.SES .LOCATED .AT. 22.-24 .ASHLAND .ST. After a public hearing given on the above date, the Board of Appeals voted to . GRANT .... the C.OMPREHENSIVE .....PER...MIT .AS.REQEST.Ad hereby authorize the Building Ilsrp(;ctor to issue a ..................... .. permit to ....North -And -over -Housing Authority...... .......... 7�.4[�I4RFlk�C444�t.1��}���I436'�T3C �44R1�C Signed ) Frank Serio,, Jr. 9, Chairman Walter Soule,.Clerk Raymond. V.Ivenzio.. . . ... Louis.Riss.in. ... .... ... .. Board of Appeals Any app^ --,l shall be filed : -i � �: '.) Withlin (701 " ;r ite C. C4 Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 2 till 'JI North Andover Housing Authority Petition: #141-40' One Morkeski Meadows North Andover, MA 01845 DECISION The Board of Appeals held a public hearing on Tuesday evenin g,.March 12, 1991 at 7:30 p.m. upon the application of the North Andover Housing Authority re- questing a Comprehensive Permit, Chapter 40B for modification of the re * quire- ments of the fire lane on the northeasterly side of the building; and modif- ication of the plans showing the foot print of the building being shifted 3.5 feet from the northeasterly property line on the premis-es.l'ocated at 22-24 Ashland Street. The following members were present and voting: Frank Serio:', Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 2 . 7, . 1991 and March 6, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the.Board voted, unanimously, to GRANT the Comprehensive Permit as requested. The applicant must construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified here- in or unless otherwise provided by this Board. Dated this 14th day of March, 1991. Sincerely, BOARD OF APPEALS Frank Serio, Jr.— Chairman /awt Pny an?cal s', 11 be filed wi,iin (70 tate of I .: n 'c pis 1.4 L e in the Office of, tile. Town Clerk. f�A }1 tjr, hou e TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ********************************** * North Andover Housing Authority One Morkeski Meadows * Petition: X1126-90 North Andover, MA 01845 * DECISION ********************************** looJ The Board of Appeals held a public hearing on October 9, 1990, continued to November 13, 1990, then to a Special Meeting on Monday evening, November 19, 1990 upon the application of the North Andover Housing Authority requesting a Comprehensive Permit, Chapter 40B, Section 21 of the Mass. General Laws for the construction of subsidized multi -family dwelling units on the premises located at 22-24 Ashland Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Walter Soule, Clerk and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 26, 1990 and October 3, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Comprehensive Permit subject to the follow- ing conditions: 1. The twelve foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building that is a "knockdown fence". 2. The surface of the access lane shall be McAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year-round provid- ing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. The applicant must construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified herein or unless otherwise provided by this Board. Sincerely, BOARD OF A PEALS Dated this 26th day of November, 1990 Frank Serio, Jr. Chairman iawt l: ii i- CI in the Office of, 1110 To'wtt Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION North Andover Housing Authority One Morkeski Meadows North Andover, MA 01845 Petition of ...... North Andoyer..Housing Authority 11E1;r w,w n, NW/ !R q ?5 AM 190 Date ..November 26, 1990 Petition No... ,126-90 Date of Hearing..November 19, 1990 Premises affected .. 22724.4s4land.Stree.t.................................. I............. Referring to the above petition for a X#��gq�rkp"14{ -Comprehensive. . Permit, Chapter 40B, Sec. 21 of Mass. General Laws for the construction of subsidized--multi-family-dwelling units.. ....................................... ................................ ................................ I......... After a public hearing given on the above date, the Board of Appeals voted to ..GRANT. . the Comprehensive Permit ..................... " . and hereby authorize the Building Inspector to issue a permit to North Andover. Housing Authority. ..................... .............. for the construction of the above work, based upon the following conditions: See attached list of conditions Signe �__ 1 �.Il . .Lldnk. J.eLiO, 6YI...,. ,i11Ll[ILIII . .. I . William Sullivan., .Vic: e- chairman. . Walter_ Soule, . Clerk .. ...... ... ... Louis Rissin.......... ......... Board of Appeals North Andover Housing Authority DECISION - Petition #126-90 Granted with the following conditions: 1. The twelve(12) foot fire lane shall be unobstructed and have a 12' wide privacy fence on the easterly side of the building, that is a "knockdown fence". 2. The surface of the access lane shall be MacAdam or "Grass Crete" with a proper underlayment of road base material. 3. The front of the building should have a grass area between the street and the building, with a curb to allow access by the Fire Department to the rear of the building. 4. The fire access lane shall be maintained year round providing a year round usability even in winter snow and ice. 5. The new plans should indicate all of the above conditions. f i1 Ua Any ape cal shall be rr the r � ��' Uf �v + tics Within l,Ol tris �,o date of ii',in� of the Towa. in the Office of. C1erk• Z! 'ON Wd 33S H3M L = 133_1 08 - TIVOS http://maps.live.com/PrintableMap.aspx?mkt--en-US 3/15/2007 TRANSMISSION VERIFICATION REPORT TIME 03/16/2007 10:33 NAME HEALTH FAX 9786888476 TEL 9786898476 SER.# 000B4JI20960 DATE DIME 03/16 10:31 FAX NO./NAME 89787942088 DURATION 00:01:35 PAGE(S) 08 RESULT OK MODE STANDARD ECM ". Date. -3-11 , TOWN OF NORTH ANDOVER RECEIPT This certifier, has paid$ �.3,& ...... ;07n .1, for A11dVic- i g o5 Received by .... ; ................................................ Department,,�?7- A ............................ ..................................I".., VMTE: Appl"rd ,r--\ , i CANARY: Npurbroont PINK: Treasurer l/'✓1� C7 . Y�q t I A I ZBA 4 2 4 Date .. `..[..V..... 07 TOWN OF NORTH ANDOVER RECEIPT k This certifies haspaid . .�..'b.r ...CaU� ./.3-& ...... M7.-M.741B for e Received by z W...n ................................................ Department......... —2-bA ....................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer cover- A5irje,;,d + '-7b(4 fir c,o L).e r -- 6C4 Nr 6: T 01 V e,- --7- 4-1 ���;J s ��q� �yoti 10 1 6"7FcJ,ocj,� Mct aj e 9 s . M ao ;,,, 6, cio le. � C, cl 6 L4 -1t-e ( --a c6yle-5 �-Cjro (0-h TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 14:09 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 03115 14:09 FAX NO./NAME 89787942088 DURATION 00:00:12 PAGE(S) 01 RESULT OK MODE STANDARD ECM TO: ZONING BOARD OF APPEALS [ommimity Development Division FAX' TRANSMISSION i FAX NUMBER: 05 q FROM: 'Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 f Cover & Pages: Date:f rrII 6 8 Subject: qy'e-- , 2 i�'�` _ i ►�+ cru ! t4mcq al �n ,_ �N jayi ly y � I rlcmj-fir .,t r4n -L,ryn a + 1 I(fkj_Y� TO: /p` �tyeo 16'•ryO� \7a A�gATtD '�P��y ZONING BOARD OF APPEALS (ommunity Development Division FAX TRANSMISSION Dc FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 'It Cover & Pages: Date: 3 " ✓� Subject: REMARKS: ySvuS 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 13:36 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATEJIME 03/15 13:36 FAX N0./NAME 89787942088 DURATION 00:00:26 PAGE(S) 02 RESULT OK MODE STANDARD DEA DIRMLICATION ECM a ZONING BOARD OF APPEALS Communhy Development Division R EdE 61me stamp TOWN CLERK'S OFFICE 2006 OCT 17 PM 12: 25 TOWN Or NORTH ANDOVER MASSA014USETTS . MEETING SCHEDULE — 2007 - ZONING BOARD OF APPEALS MEMG LEGAL LEGAL UPCOMING' DATE, APPLICATION ' NOTICE ' 140110E METING Md E, & ' DEADLINE DEA DIRMLICATION DOCUM"TS LOCA nON DATES DEADLINE Tuesday 'Thursday Wednesday Monday 7:30 ' -Mondays Mondays Town Hall 12:00 N0014 By 3:QQP1�1 By 4:00 PM 120 Main sued Top Fk*r Meeting 1600 Osgood Street At the F.agie-Tribune *(except fnr Sdwtay, Doc, 23, 1600 Osgood 2007) Sum Jan. 9, 2007 Dec. 149 2006 Degember 20, 2005 'Saturday Tuesday dam 2 Dec; 23, 2006 & Jami 200'7 BROT,jesday Jgnuugq 11 January 17 Jan. 22 & Jam 29 January 29 Senior Center 120R Main at Feb, 20 2007 , March 13, x007 February 15 Fe ry 21 Feb, 26 & Mar. 5 March 5 April 10, 2007 Mgrrb 15 Maimh 21 Marrb 26 & April 2 April 2 Wednesday Senior Center App 12 A##718 April 23 & April 30 April 30 120R Main 5t. M>av 9.2007 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre; Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M Vaillancourt Daniel S. Braese, Esq. Town of North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover MA 01845 V �*• V /6\ Date Town Clerk Time Stamp Please be advised that I have agreed to extend, by mutual agreement between the North Andover Zoning Board of Appeals and this Applicant, the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Comprehensive Permit (40B) per Massachusetts General Laws, Chapter 40B, Section 21. for property located at: STREET: MAP: PARCEL: TOWN: North Andover MA 01845 TO MEETING DATE(S): NAME OF PETITIONER: SIGNED: Petitioner (or petitioner's representative) 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman f NORTM� Ellen R McIntyre, Vice -Chair 3? °`<t``o -.'6 Richard J. Byers, Esq. Clerk F Joseph D. LaGrasse David R. Webster �7,q 4Tao Associate Members SSwCHU Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Draft Agenda Tuesday March 13, 2007 at 7:30p.m. Town Hall Meeting Room 120 Main Street, North Andover, Massachusetts L CALL TO ORDER PLEDGE OF ALLEGIANCE IL Approval of Minutes III. Communications: a) 40B - Peer Review/Planning input/meeting b) 40B - Soliciting Special Town Counsel C) Town Planner/Community Development Director /Zoning Changes d) Zoning Budget review IV. Committee Reports: a) 40R Update: Ellen McIntyre b) Housing Partnership — Richard Byers c) Zoning Task Force — Joseph LaGrasse d) Rules & Regulations e) Annual Town Report V. CONTINUED HEARINGS: Request District (*Reauested continuance to March 13. 200 Gerald A. Brown Zoning Enforcement Officer # = Members who have heard evidence * = Voted to continue Note: Matters may be called out of order and not as they appear on the agenda Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". Page I of 1 March 13, 2007 TRANSMISSION VERIFICATION REPORT TIME 03/15/2007 14:06 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 03115 14:05 FAX NO./NAME 816175731335 DURATION 00:00:28 PAGE(S) 02 RESULT OK MODE STANDARD ECM ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISSION TO: FAX NUMBER: ( 00 - FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-6$5-9541 Cover & Pages: Date: subject: TO: L-� h o?/p` St�to '6''ryO\ , ee f oR w 7a A�AATto ♦rP ZONING BOARD OF APPEALS (ommunity Development Division FAX TRANSMISSION t FAX NUMBER: I ?) 3 `7 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: �— Date: _ –7 Subject: l REMARKS: P, S, I 1i e- - 'e e 5 YUc. �Je , 5 Car S'er✓ -144 enl Adw I V 5 10 �e, Cie � -+c; °lS v✓�'l �� 1,)L,)Yl 49nheY" 4 lJ i V e� sir �-�1,� ►�� Go St's, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. 6\f, do °17 0�, /� 4. The following documents and exhibits were received during the public hearing: From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (MI7P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet I", C 1-A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C 1-A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 FINDINGS 4r& 5. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01 (1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 44B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. II 7. The Board retained the following consultants to assist in the review of the application: Oel��e Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 8. The proposed development was reviewed by the following municipal officers or �I agencies: Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works �q lb 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of two dwelling units in a duplex structure, with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set forth herein shall mean the 3 Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1.The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07.107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout CI -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609,22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 3. Both of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for rental to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMS , or_applicable PMSA in the event of a� I1 1 change. The rental price for such Affordable Unitfshall be set at the price affordable for a l household earning not more than seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in 7 01 accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initial lease up shall be given to persons or families who are residents of North Andover. The local preference shall be implemented by the Applicant, C! which will have responsibility for managing the Development, after consultation with the Board. Tenants of the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan consistent with this preference and the guidelines of the DHCD. 5. The Applicant shall provide to the Board a copy of the final Chapter 705 Program executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: (a) The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA. (b) The units shall be rental in perpetuity. c� 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers, and/or Town boards and officials for a written recommendation or report. The cost for any outside reviews of these materials will be borne by the Applicant. a. Lighting plan; b. Landscaping, fencing, and planting plan; c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. I 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines 1� 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. -# 3 � 10. The Board of Appeals hereby waives no fees. 1 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. .�� 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in this matter) and shall be approved as to form by the Board's legal counsel. The Board shall notify the Inspector of Buildings, in writing, of such completion or performance guarantee. p 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the Town's rules and regulations and installation specifications. 15. During construction the site shall be secured in a manner approved by the Inspector II of Buildings so as to prevent injury or property damage to the residents of the Town. 16. The Board or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. �q 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least one week prior to commencing construction by contacting the Inspector of Buildings in writing. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 4 `Q 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; ief, A 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 7 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers are also granted. To the extent the plans are silent on a particular issue, the appropriate Town by-law shall apply. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Clerk Joseph D. LaGrasse Thomas D. Ippolito Filed with the Town Clerk on , 2007. Bobrowski-requested additions in blue Mich changes in red Different language in Merrimac in green — there are many omissions due to the differences in the project FINDINGS AND DECISION RE: Application of the North Andover Housing Authority for Comprehensive Permit DATE: September 11, 2007 PROCEDURAL HISTORY 1. On or about March 15, 2007, the North Andover Housing Authority (hereinafter, the Applicant), applied for a comprehensive permit from the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable housing project at property located 22-24 Ashland Street, in North Andover (the Application). The Applicant proposed to construct two dwelling units in a single duplex structure "(the "Development"). As proposed, the Development would be located on a site with approximately 25,926 square feet of land being Map 017.0, Block 0019 (hereinafter, the Subject Property). The Subject Property is zoned R-4 as set forth in the North Andover Zoning By -Law. 2. A duly advertised public hearing was opened on Tuesday, April 10, 2007, and continued to the following dates: May 3, 2007, May 9, 2007, and June 12, 2007. 3. The public hearing was terminated on Tuesday, June 12, 2007 and the Comprehensive Permit decision was discussed Under Advisement on June 28 and September 11, 2007. #4. Merrimac's concerns unit # changes 4. The following documents and exhibits were received during the public hearing: #5. Exhibit B 2007-009A - Page i of 1 From Contents Item Date North Andover Comprehensive Permit 2007-009A Town Clerk Housing Authority 22-24 Ashland Street (M17P19) 3-15-07 a) Joanne M. Comerford, Ex. Dir., NAHA letter authorizing Raymond A. Vivenzio, Esq. b) Applicant Memorandum c) Ray Frieden, Dir. Bureau of Housing Development & Construction, DHCD site approval letter d) Abutter's list e) Proposed Multi -Unit Modular Housing for the North Andover Housing Authority, DHCD #196019, North Andover, Massachusetts, issued for Comprehensive Permit Application, February 1. 2007, Brown Lindquist Fenuccio & Raber Architects, Inc., Allen & Major Associates, Inc., TI, "Sheet I", Cl -A, L-2, A-5, A-5.1, A-6, & A-7 North Andover Zoning Legal notice 22-24 Ashland Street Town Board of Appeals Clerk 3-19-07 Allen & Major Proposed Multi -Unit ... DHCD Project 4-2-07 Associates, Inc. #19607....04/02/07 Added Flood Zone Information Sheet 1 & Setback Dimensions L-2 North Andover Requested Waivers 5-3-07 Housing Authority North Andover Zoning Memo to abutters June 12, not June 8 6-4-07 Board of Appeals Brown Lindquist Proposed Multi -Unit ... DHCD Project 5-24-07 Fenuccio & Raber #19607... Revised 5/24/07 — 22-24 Ashland St. Architects, Inc. and Site Only, C1 -A, L-2, A-5, A-5.1, A-6, A-7 Allen & Major Associates, Inc. Allen & Major Applicant/Owner: No. Andover Housing 7-18-07 Associates, Inc. Authority, One Morkeski Meadows, North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 2007-009A - Page 2 of 2 FINDINGS #6 on Merrimac with different b) and c) S. The Applicant submitted the following information pursuant to 760 CMR 31.01: a) it is a governmental entity as that term is used in G.L. c. 40B, s. 21 and 760 CMR 31.01(1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of the Department of Housing and Community Development (DHCD) under its Chapter 705 Program dated Feb 27, 2007; c) the Applicant alleges "control of the site" as that term is used in 760 CMR 31.01, by virtue of the deed at North Essex Registry of Deeds at Book 69, Page 145. #7 6. The Town of North Andover according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and or 760 CMR 31.04 in that affordable housing does not constitute more than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. 7. The Board retained the following consultants to assist in the review of the application: .Special legal counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA Delete? #9 8. The proposed development was reviewed by the following municipal officers or agencies: 1. Board of Health 2. Planning Department 3. Inspector of Buildings 4. Conservation Commission 5. Fire Department 6. Police Department 7. Department of Public Works #10 9. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION 2007-009A - Page 3 of 3 Necessary ,only Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of kwo dwelling units in a dile tructure with associated infrastructure and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1. The Development shall be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 31.03. Site: 22-24 Ashland Street, (Map 17, Parcel 19) North Andover, MA 10845 Site Plan Title: Applicant/Owner: No. Andover Housing Authority, One Morkeski Meadows, By: North Andover, MA 01845, Project: Multi -Unit Modular House, 22-24 Ashland Street, North Andover, MA, DHCD Project #196019 Date (& Revised 03-22-06, A 01/04/07, B 01/18/07, C 02/06/07, D 05/07/07, E 05/18/07, F Dates): 05/24/07, Sheet/Drawing: G 06/08/07, H 06/13/07, 107/18/07 Registered Kevin J. Kiernan, P.L.S. #40038, and Peter C. Bellantoni, C. E. #46199, Allen & Professional Land Major Surveyor/Civil Associates, Inc., 100 Commerce Way, P.O. Box 2118, Woburn, MA 01888-0118 Engineer: Sheet/Drawing: Conceptual Layout C1 -A Building Plan Title: North Andover Housing Authority, Proposed Multi -Unit Modular Housing, DHCD Project No: 19609, 22-24 Ashland Street, North Andover, MA By: Richard Paul Fenuccio, Jr., Registered Architect #7789, Brown Lindquist Fenuccio Raber Architects, Inc., 203 Willow Street, Suite A, Yarmouthport, MA 02675 Date: 9-12-05, Rev. 11/24/06, 12/05/06, 04/02/07 Sheet/Drawing: L-2 Architectural/Landscape Design Plan, A-5 First Floor Plan, A-5.1, Second Floor Plan, A-6 Exterior Elevations & Second Floor Plan, A-7 Exterior Elevations 2. The Development shall be limited to two dwelling units and any existing structures on the Property. 31 Both of the dwelling_ unit, (the "Affordable Units"), shall be reserved in perpetuity for kent to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA, or applicable PMSA in the event of a change. The ental ric for such Affordable Units shall be set at the price affordable for a household earning not more than seventy percent (70%) of the median household 2007-009A - Page 4 of 4 income in the Lawrence PMSA, adjusted for household size. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, [is this necessary? See #5 and PRD attachment] pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the rental of seventy percent (70%) of the Affordable Units in the initialeas up shall be given to persons or families who are residents of North Andover. The local 2reference shall be implemented by the pplican Vh—ich will have responsibility for managing the Developmen er consultation with the' of enantofd the Affordable Units shall be selected in accordance with a tenant selection and assignment plan and a marketing plan [market 2 rentals?] consistent with this preference and the guidelines of the DHCD. 5. The KpPlicant shall vrovide to the Board a copy of the final Chapter 705 Progr_ . executed documents with DHCD. Such document(s) shall contain at a minimum, the following terms: [a ,, The Affordable Units shall be reserved in perpetuity or as long as the Property is used for residential purposes, whichever is shorter, to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSG, O, The units shall be rental in perpetuity. #6 & 7 are monitoring etc. 6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m.; provided, however, that exterior construction shall not commence on Saturday before 7:00 [9:00 in Merrimac] a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 7. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final plans for approval by the Board. Such approval shall not be unreasonably withheld. The Board may distribute such plan(s) to its consultants, consulting engineers,, and/or Town boards and officials for a written recomm_ endation or report. The cost for any outside reviews of these materials will be borne by the Applicant.. [Not in Merrimac; NAHA doesn't have an escrow account.] a. Lighting plan; b. Landscaping, fencing, and planting plan; 2007-009A - Page 5 of 5 c. Grading plan; d. Architectural plan, including all principal and accessory structures; e. Utilities plan including water, sewer, gas, electric, cable, and telephone. Shortened list, no signage, storm -water, etc. "The Board shall make such determination and communicate same to the Applicant in writing, specifying any objections, within seventy five (75) days of the Applicant's submission of its proposed materials. 10. The applicant shall design such final plans with the following specifications: a. The applicant shall conform with all pertinent requirements of the Americans with Disabilities Act and Massachusetts Architectural Access Board, if applicable." #11 =this 8 8. The Applicant has proposed, and the Board hereby requires, that the following aspects of the Development shall be and shall remain forever private, and that the Town of North Andover shall not have, now or ever, any legal responsibility for operation, maintenance, repair or replacement of same: All driveways and parking areas Storm water management facilities Snow plowing; Landscaping Street lighting Building repair and maintenance On-site water mains and water services On-site sewer mains and service lines # 12-17 are specific to Merrimac; below is # 18 9. The Applicant shall promptly pay the reasonable fee of the Board's consulting engineers and/or the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board may require the establishment of an escrow account to assure such payment, subject to replenishment. Belew is Ai of - 's altQ 10. The Board of Appeals hereby waives no fees. Below is Merrimac's #21. 11. The Conservation Commission's Order of Conditions pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an 2007-009A - Page 6 of 6 amended plan to the and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan submitted to the Board and its agents shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, if applicable. Below is Merrimac's #22. 12. No certificate of occupancy for any building shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building, or adequate security has been provided, reasonably acceptable to the Board, to ensure the completion of such improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81U (excluding the statutory covenant which shall not apply in this matter) and shall be a roved as to form by the Board's legal counsel. The Board shall notify the ns ector of Buflding4, in writing, of such completion or performance guarantee. Below is Merrimac's #23 "Performance bonds shall be required and shall be released by the Board in accordance with the Subdivision Rules and Regulations of the Planning Board as determined by the Board." 13. Performance bonds, if any, shall be established and released by the Zoning Board of Appeals in accordance with the Subdivision Rules and Regulations of the Planning Board. Below is Merrimac's #26. 14. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water and sewer mains and services to the Department of Public Works demonstrating compliance with the own' rules and regulations and installation specifications. Below is Merrimac's #27. 15. During construction the site shall be secured in a manner approved by the s ecto f Buildings so as to prevent injury or property damage to the residents of the Town. Below is Merrimac's #20. 16. The Board and/or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. Below is Merrimac's #19. 17. A pre -construction conference with town departments shall be held prior to the commencement of construction. a. At such conference, the Board, Inspector of Buildings, and other town officials shall review the .proposed construction schedule. .For the purposes of this decision, "commencement of construction" shall occur when the clearing and grubbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at 2007 -MA - Page 7 of 7 least one week prior to commencing construction by contacting the sector o Buildings [by contacting the Board in writing]in writing. b. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. Below is Merrimac's #40; ##28-37 are specific to Merrimac.. 18. The Applicant has requested, and the Board of Appeals has granted, the following waivers; 1. A waiver from Section 4, Paragraph 4.122.1 one residential building per lot is granted for two (2) residential buildings on Ashland Street, Map 17, Parcel 19. 2. A waiver from Section 4, Paragraph 4.122.14.A.b and Table 1 from the requirement of a Special Permit for the construction of a two-family dwelling is granted. 3. A waiver from Section 7, Paragraphs 7.2 (Street Frontage), 7.3 (Yard Setbacks), nd Table 2 in accordance with the following table is granted: Street Frontage 100' To Street Frontage 83.0 feet Front Yard Setback: 30' To Front Yard Setback: 10.0 feet Side Yard Setbacks: 15' To Left Side Yard Setback: 5.2 feet 4. A waiver from 8.17 a parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide for a driveway 18' wide is granted. 5. A waiver from Section 8, Paragraph 8.3 Site Plan Review is granted. 6. A waiver from Section 10, Administration, is granted as the project governed by terms and conditions of this Comprehensive Permit. o the extent that the Plan shows additional waivers at specific locations not expressly sei Orth above, these waivers are also granted. To the extent the plans are silent on a� articular issue thea ro riate Town by-law shall app In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers, not shown on the plans are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. RECORD OF VOTE Upon a motion by Joseph D. LaGrasse and seconded by Richard J. Byers, the following members of the Zoning Board of Appeals vote to grant a comprehensive permit subject to the above -stated terms: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman_ Richard I Byers, Clerk 2007-009A - Page 8 of 8 Joseph D, LaGrasse` Thomas D. Ippolito Filed with the Town Clerk on , 2007. 2007-009A - Page 9 of 9 Zoning Board of Appeals North Andover Hearing No.: ZBA-2007.0027 Date: April 4, 2007 APPLICATION TYPE: SUBMISSION DATE: Comprehensive Permit Thu Mar 15, 2007 Applicanrs Name: NAME NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET TOWN: NORTH ANDOVER STATE MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: NORTH ANDOVER HOUSING AUTHO ADDRESS: 310 GREENE STREET SITE ZONING: TOWN: NORTH ANDOVER STATE: MA ZIP CODE 1 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: NORTHANDOVER, MA Work Location.: - MAILING DATE: SITE ZONING: MAY STREET APPEAL DATE: R4 TOWN: SECTION OF BYLAW: NORTHANDOVER, MA 01845 HEARING DEADLINE DATE: GIS # MAP BLOCK LOT: ACTION TAKEN: 611 018.0 0005 FIRST ADVERTISING DATE HEARING DATE Reason for filing: Comprehensive Permit for two-family three-bedroom rental dwelling, one unit of which will be handicapped -accessible, on a.33 -acre parcel Chapter 706 (M.G.1 , c. 1218, §28) grant from the DHCD. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: RUNG DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 13, 2007 Wed Apr 04, 2007 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 26, 2007 Sat Apr 14, 2007 FIRST ADVERTISING DATE HEARING DATE VOTING DATE: DECISION DATE: Mon Mar 26, 2007 1 Tue Apr 10, 2007 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Apr O$ 2007 Tue Apr 24, 2007 Tue Apr 24, 2007 MEMBERS PRESENT: VOTE-- MINUTES OTE MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW MARK BOBROWSKI mark@bbmatlaw.com 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 Fax: 978-371-3928 July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY 5/9/07 Appearance: ZBA public hearing 6/12/07 Telephone conference: Atty. Scalise 6/27/07 Receipt and review: North Andover Housing Authority file documents 6/28/07 Appearance: ZBA public hearing 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon Total Hours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 Mark Vobrowski MAY 2 3 Luuo BOARD OF APPEALS HOURS 0.9 0.2 0.3 0.5 2.1 BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 MARK BOBROWSKI Fax: 978-371-3928 mark@bbmatlaw.com July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY 5/9/07 Appearance: ZBA public hearing 6/12/07 Telephone conference: Atty. Scalise 6/27/07 Receipt and review: North Andover Housing Authority file documents 6/28/07 Appearance: ZBA public hearing 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon Total Hours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 Mark obrowski -• } D , MAY 2 j cuuo " BOARD OF APPEALS HOURS 1 0.3 0.5 2.1 BLATMAN, BOBROWSKI & MEAD, LLC ATTORNEYS AT LAW MARK BOBROWSKI mark@bbmatlaw.com 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: 978-371-3930 Fax: 978-371-3928 July 31, 2007 Al Manzi, Chairperson Board of Appeals Town Hall 120 Main Street North Andover, MA 01845 RE: Housing Authority - Ashland Street Comprehensive Permit application Dear Mr. Manzi: NEWBURYPORT OFFICE 44 Merrimac Street Newburyport, MA 01950 Phone: 978-463-7700 Fax: 978-463-7747 PAST DUE Please remit the following for professional services rendered during the second quarter and in July of 2007 with regard to the above -referenced matter: DATE ACTIVITY 5/9/07 Appearance: ZBA public hearing 6/12/07 Telephone conference: Atty. Scalise 6/27/07 Receipt and review: North Andover Housing Authority file documents 6/28/07 Appearance: ZBA public hearing 7/2/07 Telephone conference: Atty. Scalise; Prepare Draft #1 Decision; Email: M. Glennon . Total Hours ........................................ 4.0 Billing Rate ......................................... $250.00/hour Subtotal .............................................. $1,000.00 Less professional courtesy ................. ($200.00) Total Amount Due ............................ $800.00 — '�' Q �'� Mark Wobrowski MAY 2 j Luuo BOARD OF APPEALS HOURS 0.9 0.2 0.3 0.5 2.1