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Miscellaneous - 534 SOUTH BRADFORD STREET 4/30/2018 (2)
i k` i ` s pow n li �A i D e �Ir • rf r •r rr-r t � Ln v nj X r— C3 , Iv Postage $ 3431, UNIT ID: 0630 ..o Certified Fee 2,10 Er Postmark Cr Return Receipt Fee Here (Endorsement Required) C3 C1erE::; KBD4CW p Restricted Delivery Fee O (Endorsement Required) 0 Total Postage&Fees $ 2.44 9/17/01 nj r-U Name Pie a Print Clearly) To be completed by mailer) f'1J "' -� Street,Apt.No.;or PO Box S-- _- _- ----5------------------------------------- M Cit tete,Mow , I +4 �� m A DIM5 4 S Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Md 1. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. f For 4n additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailplece with the endorsement"Rbstricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS form 3800,July 1999 (Reverse) 102595-99-M-1938 Raffil 11 �f tti NORTH ANDOVER, MA 01845 o IU Postage $ 0.34 UNIT ID. O630 XLi Certified Fee 2.10 Q' Postmark Return Receipt Fee Here Q' (Endorsement Required) M Cler6::: KFD4CW p Restricted Delivery Fee O (Endorsement Required) O Total Postage&l=ees $ 2.44 49/17101 i ru rl.l Name(Please Print Clearly) To be completed by mailer) M .-ID A-_G_:..—f... —' u"` —L= _�l ��1Y►'1(a 5....•......-__.. 117 Street Apt.No.;or PO Box No. Er3 D jo.in-I-----si......................................--............ Citytate, P+ J M,4 0 Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. a For in additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". a if a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 nIVA s. • ax .. rA M r- NORTH Ain R� MA C M rj Postage $ 0.34 UNIT ID: 0630 .111 ruCertified Fee 1.1.10 Er Postmark Return Receipt Fee Here Q" (Endorsement Required) M CIerN::: KBII4CW p Restricted Delivery Fee r3 (Endorsement Required) iD Total Postage&Fees .$ 2.44 09/17/01 ti ni Name(Please Print Clearly)(To be completed by mal er) M = ------------------- 117 ---- --- ------- Street,Apt y.;or PO Box NO. C3 City, tate,ZIP+4 t. /► t p'I (� � � Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: s Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For In additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 61 y In Ir WNn;.-TH A mp, i (� 1 tL Postage $ 0.34 UNIT III: 0630 _n rl.l Certified Fee 2.14 0, Retum Receipt Fee Postmark Er (Endorsement Required) Here C3 Restricted Delivery Fee Clerk: KBU4CW 0 (Endorsement Required) 0 Total Postage&Fees $ 2.44 09/17/01 ru N e(Ple s Pr(nt espy) .o be c plated by ma(ler) m --qui ----- - - n ------------------------------------__ - yA' Street,Apt.No.;or PO Bo*No. E 5.c----(t?i.ali..Sf------------------------------------ C3 atyiV yY)lq 0 - Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mail or Priority Mail ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. e For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For �n additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an Inquiry. PS form 3800,July 1999 (Reverse) 102595-99-M-1938 ' s G' CO , CO -n NORTH 4DOVER MA 01845 to Postage $ 0.34 UNIT ID: 0634 ..o ru Certified Fee L10 Cr Postmark Return Receipt Fee Here Q' (Endorsement Required) 0 Clergy: KBD4CW C3 Restricted Delivery Fee O (Endorsement Required) O Total Postage a Fees $ 2.44 09/17/01 ru ru N mF lease Nnt Clearly)(To be completed by mailer) Street,Er- ApI�ppo.-or PO'Box No. E" �- ii- -----TM �e, ----— ---------------------------------------------=-- O Clty State,ZI + O I ;� , Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece e A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Md 1. ■Certified Mail is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailplece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 • a I NORTH i �O I r c nj Postage $ 0.34 UNIT III: O630 �111 rU Certified Fee 2,10 Er Postmark ReturnReceipt Fee Cr (Endorsement Required) Here C3 C1erl::: KDD4CW r3 Restricted Delivery Fee 0 (Endorsement Required) Total Postage&Fees $ '2.44 09/17/01 ru rLi N me(Please P Int Clearly)(To be completed @y mallet) IlJ (1 Street,Apt.No.;or I;O Box No. 117 E' ---4i------1ACA61%)--�Clf..... --------------•_.............. :_... C3 City,State,z + J 0 r g�f Certified Mail Provides: ■A mailing receipt s A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. s Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 t Wn W C3 ti Postage $ 0.34 UNIT IU: 630 ru Certified Fee 2.10 Er Postmark Retum Receipt Fee Here Cr (Endorsement Required) C3 Restricted Delivery Fee C1erE::e NBU4CW 1CM3 (Endorsement Required) O Total Postage&Fees $ 2.44 09/17/01 tiNamePlease Print Clearly)y)(To be complete 6y mall ) M s----�:----------� ---Mfk------------------- Street Apt.No.•or PO Box No. rr 3S !;W� ,,-1 �c�r2 ------------------------------------------------------------------..........------------------- C3 co,,,State, IP 4 m O 0 u .. eee: .- - - - - - -- .. Certified Dail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. s For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. ',PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 � s a � Ir • � r r- r r•r r-' c Ln .� NORTH Mriwk,. cY O ru Postage $ 0.34 UNIT III: 0630 .a ru Certified Fee 2.10 Ir Postmark Retum Receipt Fee 1-' (Endorsement Required) Here E3 Clerk: KBU4CW O Restricted Delivery Fee O (Endorsement Required) O Total Postage&Fees $ 2.44 09/17/01 ru Ifu Name(please P Int C ar y)(To be c mPlated y mail Street Apt.No.;or PO Bo No. E '�'= ---�------------r-------------------------------- OCity,State, Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 PA �• �� 1. 1 1 � 1 1 1 h 0 o NORTH ANDOVER, Hit 41845 Postage $ 0.34 UNIT ID: 0630 (U Certified Fee 2.14 Er Postmark Return Receipt Fee Here 0-' (Endorsement Required) C3 Clerk. K$D4CU p Restricted Delivery Fee r3 (Endorsement Required) Q Total Postage&Fees $ 2.44 09/17/01 ru njName Please Nnt lead � ( i y)(To'b1e_f bmpleted by m le M ---h-' rn�i�----; M---s�!. ---------------=-- Er Street Apt.No.;or PO' o o. cr _2� -SQ2 M1DclryNtate,z P+ Md 01 %u Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery •A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mad. ■Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt Is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix.label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595.99-M-1938 Iii M `.0 NORTH A' Inv R, MA MIR450 rU Postage $ 0.34 UNIT ID: 0630 -0 Il_I Certified Fee 2.10 Er Postmark Return Receipt Fee Cr_ (Endorsement Required) Here E3 Clerk:: KBD4CW p Restricted Delivery Fee O (Endorsement Required) O Total Postage&Pees $ 2.144 09i1701 rU Name(Plate Int Cie I)(To be completed b 1�11e1 r+f �1J 1h 1TD)1 List,Apt.No.;or POB x No. � :5 � �So, �t��o� S�- --------------------- -- ---------=---------------------------------------------=------ O Clty,State, IP 4 yV I �� Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. E For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". e If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a{postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Farm 3800,July 1999 (Reverse) 102595-99-M•1938 a . irLj 0 5, O Postage $ 0.34 UNIT ID: O630 _n rLi Certified Fee 2,10 Er Postmark Return Receipt Fee Here Ir (Endorsement Required) Clerk:: KBIACW O Restricted Delivery Fee O (Endorsement Requiredl O Total Postage&Fees $ 2.44 09/17/01 ru Name Plea Prin Clearl (Plea: )(To be com leted b.mailer) M __ � - � - TEr Apt.No.;or PO Box No. O City,State,ZIP+4 m Iq U r qV Certified Mail Provides: E A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: s Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"ReMricted Delivery". Y If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 D r� r Cr Inam r-q -0 ESSEX, FIA C 29 nj Postage $ 0.34 UNIT Ili; 0630 -0 rU Certified Fee 2,10 Er Postmark Return Receipt Fee Here Cr (Endorsement Required) C3 Cler6;e KBD4-CW 0 Restricted Delivery Fee r3 (Endorsement Required) O Total Postage&Fees $ 2.44 09/17/01 ru Name Please Print Clesrl f1J ( )(To b/e�co"m�plet d 6 eller�r ,_, m _---_ X-_ - - -- SSJL. �./lC Street Apt.No.;or PO Box c Er- Er ----`�c4,rti - -------------------------- C3 City, tat�ZJIP+4 m /1 +9 2-f Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Re'stricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 Y WN 1 k ^Y lJ -0 NORTH ANDOVER, MA 01845 k, 0 ru Postage $ 0.34 UNIT IU: O630 .0 ti Certified Fee "e 10 0— Postmark Return Receipt Fee Here 0-" (Endorsement Required) M Restricted Delivery Fee Clerk:; KRII4CW C:3 (Endorsement Required) O Total Postage&Fees $ 2.44 09/17/01 111 rU Na a(P ease Print Clearly)(To b completed by mailer) _-�wf-----f p���r��e ------- l��s_Lof4 W-1m.if Apt.No.; ,PO x No. 75 . __� .� ------------------------------------------------------------- M Clty,vStaie, + �A 0 1 qq, Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders. ■Certified Mail may ONLY be combined with First-Class Mail or Priority MaJ. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a.postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 Er Ln .IT P O ru Postage $ 0.34 UNIT III: 0630 .A rU Certified Fee ?,Ir Er Postmark Return Receipt Fee Here Q' (Endorsement Required) M Clerk.: K&I14CW p Restricted Delivery Fee O (Endorsement Required) C3 Total Postage 8&Fees $ 2.44 09/17/0I rU rU a e(P ase PHlearly) o be co plated by mailer) m _�_`rl_ I --15-Tis rml-sm l.a''�e"' ----------------------------------- Er ---------- Street`Pt.N pBor No. p— -fJ M 3- ---------------- --------------------------------------- M Clty,---tate,-P M [`- 0. VV Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery": ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 C3 ..o 1 = r .� Postage $ 0.34 UNIT IU: 0634 Ln ..A Certified Fee ".1+3 Postmark M Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee Clerk.: KHII4GW (Endorsement Required) O Total Postage&Fees x.44 09/17/01 M Ll Sent To ------------------ MStreet,A t No.;of O x No. 111 ae, N City,State,ZI +4 101911t q A Ow.111110 . .. Certified Mail Provides: o A mailing receipt o A unique identifier for your mailpiece o A signature upon delivery m A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. o Certified Mail is not available for any class of International mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. m For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. v For an additional fee, delivery may be restricted to the addressee or addressee's authbrized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". m If a postmark on the Certified Mail receipt is,desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,May 2000(Reverse) 102595.00-M-2004 M `�r:r`.7� f Postage $ 0.34 UNIT IU: 0630 Lrl .A Certified Fee ,'(!o M Return Receipt Fee Postmark Here C3 (Endorsement Required) Restricted Delivery Fee Clerk: KBLII;CW (Endorsement Required) O Total Postage&Fees $ 2.44 09/17/01 M LrI Sent To _ - ��r).. ---. /�a---�= ------ ----A =°------- --- -------------------------- ----- ------- 0 Street,Apt.No.;or POB No. O "1 C3 --:`7 J°-----------------------------------_ N Clty,Stat,AP+4 (��S :fnAYMTAI A arm- Certified Mail Provides: o A mailing receipt o A unique identifier for your mailpiece o A signature upon delivery o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authdrized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery".. v If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,Mav 2000(Reverse) 102595-00-M-2004 L• �;vu�uy uiCi:�a� a e . :�+%+R�// I NORTH ANW OVER, C; m Postage $ CO.34 UNIT ID: 0630 Ln .0 Certified Fee 2,10 M Return Receipt Fee Postmark O (Endorsement Required) Here C:j Restricted Delivery Fee Cleric: KHIi U C3 (Endorsement Required) E3 Total Postage&Fees $ 2.4409/17/01 Im ul Sent To r=1 -------------- ------------------------ O Street,Apt.No.;or PO BG N x o. i D C3 --------- 1 - , City,Ste � t Ztp� A r k qS" e MrFMe. Certified Mail Provides: a A mailing receipt a A unique identifier for your mailpiece o A signature upon delivery n A record of delivery kept by the Postal Service for two years Important Reminders: a Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. a Certified Mail is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. a For ar additional fee, delivery may be restricted to the addressee or addressee's authcAized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,May 2000(Reverse) 102595.00-M-2004 tiLi Fax Transmission r TO: I FAX Number: FROM: Town of North dover Zoning Board of Appeals FAX: #978-688-9542 PHONE: #978-688-9541 DATE: �' l 2 - •Zoo SUBJECT: Number of pages: REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department at the Lawrence Eagle-Tribune, and it is your responsibility to do so as-soon-as-possible in order to meet the required deadline. Failure to place the legal notice in the newspaper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The direct dial phone number of the legal notice department of the Lawrence Eagle Tribune is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA. Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring proof of the certified mailing to the office of the ZBA Secretary as-soon-as you have completed the mailing; failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. MULegalNotice � � P �, U��- ���_. . �' 9 ,200/. , . ., ; .. , r c Legal Notice North Andover, Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a pu is hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesdayth Ii day of September 2001 at 7:30 PM to all parties interested in the appeal of Me tinghouse Commons, LLC, hereby applies to the Board of Appeals of the Town o orth Andover, MA pursuant to M.G.L. Ch. 40B, Section 20-23 as amended, f the is of a Comprehensive Permit authorizing the applicant to co ruct a 93 unit ownership condominium project consisting of 40 townhouse and den style units and 53 detached cottage style homes, to be called"Meeting House Co ons at Smolak Farm" on land of approxima 30 acres, located on South Bradford treet,North Andover. The project willage-restricted to residents o a minimum of 55 years of age, and will consist of at least 2 °o(or 24)of the homes av ilable as "affordable"homes. Said premises affected property within t e R-1 Zoning District. Plans are available for revi at the o ce of the Building Department 27 Charles Street, North Andover, MA, Mond a throu Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eag Tribune on Septembe 6, and September 13, 2001. Review date: Legalnotice 2 1/23 F 7p,� •N Town of North Andover Office ®f the Zoning Board of Appear oaAci��eo Community Development and Services Division 27 Charles Street ,•�_ , North Andover, Massachusetts 01845 � °� 5 �SSAGHUSEt D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978) 688-9542 September 5,2001 Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 Meetinghouse Commons at Smolak Farms arms 185 Hickory Hill Road North Andover,ivlA 01845 Regarding: Comprehensive Permit application i Dear Mr.Zahoruiko, Your application of August 30,2001 regarding the Comprehensive Permit for Meetinghouse Commons Smolak Farm is incomplete;therefore, it is invalid at this time. at It is not in accordance with the Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals for the Town of North Andover dated March 13,2001,a copy of this document is attached. Please be advised that Section 3 of the Rules and Regulations pertaining to:Filing..Time Limits and Notice has not been properly addressed per your Comprehensive Permit application. I suggest that you consult with the Building Commissioner,Mr.D. Robert Nicetta, because of the complexity and incompleteness of the Comprehensive Permit application to make sure that all the areas of Section 3 has been addressed properly. Please provide a new application with the proper number of copies and date stamped by the Town Clerk's office. Thank you in advance for your immediate attention to this matter. Sincerely, Y �tl William J. ullivan,Chairman Attachment Zoning Bo rd of Appeals Cc: Robert Nicetta/Building Commissioner Joyce Bradshaw/Town Clerk MI/comppermit Post-it®Fax Note 7671 Date9^ pages Fro BOARD OF A'PEALS 688-9541 BUILDING 688 95.45 CONSB To !O Z Co./Dept. Co. :zId Phone# Phone Fax#d� � /D�^ ^� i�O Fax# u v z TOWN OF NORTH ANDOVER Comprehensive Permit Rules and Regulations of the ' ZONING BOARD OF APPEALS Section 1.00 . Purpose and Context -2.00 Definitions 3.00 Filing, Time Limits and Notice 4.00 Review of Applications and Review Fees j 5.00 Public Hearing and Decision 6.00 Appeals ' I 7.00 Effectiveness e 1..00 Purpose and Context rr . I These.rules establish the procedures of applications to the Zoning Board-of Appeals for comprehensive permits, under MGL Chapter 40B, Sections 20-23 (Chapter 774 of the Acts of 1969,.the "Act"). The rules are required by MGL Chapter 40B; Section 21, as amended by Stat. r 1989, c. 5.93, and by CMR 31.02. These rules are to be read in conjunction with, and implemented in, a manner consistent with the complete regulations of the Housing Appeals Committee, 706 CMR 3 0.00 and 31.00, and with the Guidelines for Local Review of Comprehensive Permits,published periodically by the Department of Housing and Community Development. In addition,.the Board's general rules I j ( for conduct of hearings under MGL Chapter 40A apply to comprehensive permit applications. In case of inconsistency or conflict between those general.rules for conduct and these rules, these rules shall govern. I 2.00 Definitions (a) `Board"means the North Andover Zoning Board of Appeals. (b) "Local board"means any local board or official, including, but not.limited to any board of health; planning board; conservation commission; historical commission; fire department; police department; building inspector; board of selectmen; and housing partnership committee. 3.00 Filing, Time Limits and Notice 3.01 The application for a comprehensive permit shall consist of: s:\wpS kwork\n-ando"kper it rvlmdoc - tJ , (a) preliminary site development plans showing the locations and outlines of proposed buildings; the proposed locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas; and proposed landscaping and open areas within the site. applicant proposing to construct or rehabilitate four or fewer units may submit a sketch of the matters in sections 101(a) and 3.01(c), below, which need not have an architect's signature. All structures of five or more units must have site development plans signed by a registered architect. (b) a report on existing site conditions and a summary of conditions in the surrounding ureas, showing the location and nature of existing buildings, existing street elevations, traffic patterns and character of open areas, if any, in the neighborhood. This submission may be combined with the information required in section 3.01(a) above; (c) preliminary, scaled, architectural drawings. For each building the drawings shall be Signed by a registered architect, and shall include typical floor plans, typical elevations, and sections, and shall identify construction type and exterior finish; I (d) a tabulation of proposed buildings by type, size (number of bedrooms, floor area) and ground coverage, and a summary showing the percentage of the site to be occupied by buildings, by parking, by paved vehicular areas (access-roads and driveways), and by open areas; (e) where a subdivision of land is involved, a preliminary subdivision plan; . (f) a preliminary utilities plan showing the proposed location and types of sewage, drainage and water facilities, including hydrants; ` (g) documents showing that the applicant fulfills the jurisdictional requirements of 760 CMR 31.0.1,.that is, (i) the applicant shall be a public agency, a non-profit organization, or a limited dividend organization, (ii) the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and, (iii) the applicant shall control the site; (h) a list of requested exceptions to local requirements and regulations, including local codes, ordinances, by-laws or regulations; (i) all plans shall be on sheets 24 inches by 36 inches (24"x 36") in size,.at a scale of one inch equals forty feet (1" = 40'). Detailed areas may be at one inch equals twenty feet (1"_ 20'); (j) applications shall be made on forms provided by or obtained from the Zoning Board of Appeals office; ;I (k) at lease twelve (12) copies of all plans and documents required under this section shall accompany an application for a comprehensive permit; 3.02 The application shall be accompanied by an advertising fee in the amount of$13 0.00, ar a filing bee based upon the number of proposed housing units of. (a) for limited dividend organizations $50.00 per unit l (b) for non-profit organizations $25.00 per unit (c) for public agencies and local Non per-unit fee i There shall be no filing fee for any application proposed as a Local Initiative project pursuant to 760 CMR 45.00. 3.03 Within seven (7) days of the filing of an application for a comprehensive permit, the l Board shall notify each local board of the application by sending such board a co j py of allplans, s documents, and other information required by section 3.01 above. The Board may request comments, reports or recommendations in vvriting.from local boards:which have reviewed the application, and such comments, reports or recommendations shall be-included in the record of the proceedings (the hearing). . 4.00 Review Fees 4.01 If, after receiving an application for a comprehensive permit, the Board determines that a r proper review of the application requires technical assistance�uzavailable from municipal employees or local boards, or upon advice and recommendation of a local board, the Board may employ or retain outside consultants to perform such reviews. Whenever possible the Board will work cooperatively with the applicant to identify appropriate consultants and to negotiate payment of part or all of the.consultant fees by the applicant. Alternatively, the Board may, by majority vote,require.that the applicant pay a reasonable review fee for the employment of outside consultants chosen by the Board alone. 4.02 A review fee may be imposed only if. (a) the work of the consultant consists of review of studies prepared on behalf of the applicant; and not of independent studies on behalf of the Board; (b) the work is in connection with the applicant's specific project; and (c) all written results and reports are made part of the record before the Board. 4.03 A review fee maybe imposed only after the Board has complied with the-Uniform Procurement Act, MGL Chapter 30B, Sections 1-19, and the following additional requirements: (a) For services in an amount less than $25,000 the Board shall issue an invitation for bids conforming to the requirements of MGL Chapter 30B, Section 5 or a request for proposals (RFP) conforming to the requirements of MGL Chapter 30B, Section 6, or shall obtain three (3) quotations; 3 (b) For services in an amount of$25,000 or more, the Board shall issue a request for proposals (RFP) conforming to the requirements of MGL Chapter 30B, Section 6. (c) For all services, whether in amounts less than or greater than $25,000. (i) the applicant shall be given three (3) days notice and opportunity to attach i written comments to the invitation for bids, or request for proposals, or quotations; (ii) the applicant shall be given three (3) days notice and opportunity to comment on all bids, or proposals or quotations prior to the selection of the consultant and the award of a contract. (d) A bona fide bid or proposal shall include: f (i) the name of each person performing the work; (ii) the educational and professional credentials of each person performing the work; (iii)the work experience of each person performing.the:work; (iv) a description of the work to be performed; (v) the hourly rate charged by each person performing the work, and . (vi) all other expenses to be incurred. 4.04 All fees assessed pursuant to this section shall be reasonable in light of. (a) the complexity of the proposed project as a whole, (b) the complexity of particular technical-issues, (c) the number of housing units proposed, (d) the size and character of the site, (e). the projected construction costs, and (f) fees charged by similar consultants in the area. As a general rule, the Board will not assess any fee greater than the amount which might be appropriated from town funds to review a similar town project. 4 4.05 Any invitation for bids or regq.est for proposals shall indicate that award of the contract contingent upon payment of a review fee. If the applicant fails to pay the review fee within ten (10) days of receiving written notification of selection of a bidder or offerer, the Board may der, the comprehensive.pennit. (The Board will select the consultant after reviewing both the bid or proposal and any comments received from the applicant pursuant to section 4.03(c)(ii), but it wi not formally award the contract until the review fee has been received and paid). 4:06 Prior to paying the review fee, the applicant may appeal the selection of the consultant to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not posses the minimum, required qualifications. The minimum qualifications shall consist of either an educational degree in or related to the field at issue (traffic, drainage, etc.) or three or more years of practice in the field at issue or a related field. The required time limits for action on the comprehensive permit application by the Board shall be extended by the duration of the appeal. In the event that no ! i decision is made by the Board of Selectmen within one (1)month following the filing of the r appeal, the selection made by the Board shall stand. If 4.07 Each'review fee shall be deposited in a special account established by the.town treasurer pursuant to MGL Chapter 44, Section 53 G. Funds from the special account may be expended only for the purposes described in section 4.02; above, and in compliance with the Uniform i Procurement Act, MCGL.Chapter 30B, Sections 149. Within thirty (30) days of the completion of the project or of such time as the applicant formally withdraws the proposal, the applicant shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest. The town accountant shall submit annually a report of the special account to the Board.of Selectmen and the Town Manager for their review. This i review shall be published in the town's annual report. 5.00 Public Hearing and Decision K ' 5.01 The Board shall hold a public hearing on.the application for a comprehensive permit within thirty (3 0) days of its receipt. The provisions of MGL Chapter 40A, Section 11 shall apply to the hearing. The Board may request the appearance at the hearing of such representatives of local boards or officials as it considers necessary or helpful in reviewing the application, or the Board may request comments,reports, or recommendations in writing from local boards of officials. In making its decision on the application, the Board shall-take into account the recommendations of local boards or officials. 5.02 The Board shall render a decision based on a majority vote of the Board, and shall file such decision in writing with the town clerk within forty(40) days after termination of the public hearing, unless such time is extended by written agreement of the Board and the applicant. Such extension shall be filed with the Town Clerk. The hearing is deemed terminated when all public testimony has been received and all information requested by the Board has been received, including the reports of any outside consultants retained for review of the project, and the Board has voted, by majority vote, to close the hearing. 5 I 5.03' T. board may dispo;e of the application for a comprehensive permit in the followin a ' manner: €. (a) approve a comprehensive permit on the teens and conditions set forth in the application; (b) deny a comprehensive permit as not consistent with local needs, or (c) approve a comprehensive permit with conditions with respect size, shape or building materials that do not render the construction or operation of such project or such housing uneconomic. 6.00 Appeals 6.01 If the Board approves the comprehensive permit, an erson Y P aggrieved may appeal the decision within the time period and to the court provided in MGL Chapter 40A, Section 17. 6.02 If the Board denies the comprehensive permit or approves the permit with unacceptable conditions or requirements, the applicant may appeal to the Housing Appeals Cnm omittee as provided in MGL Chapter 40B, Section 22. 7.00 ' Effectiveness These rules are hereby adopted by the North Andover Zoning Board of Appeals and made effective on ' 3• 14 •2a/ /. The Rules and any subsequent amendments made thereto shall be filed with the North Andover Town Clerk. Dated: s •�3 '�y/ Chairman ✓4t I 6 f I --�_ �/• � �,. / ' � �, �6, /, f y � ���� _�_ - - �- _ _ ` F+ *k r N Corporate Headquarters 210 Essex Street Salem,MA 01970 M f f ' August 30, 2001 . ti f. '^y Meetinghouse Commons, LLC y Attn: Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 !i Re: Determination of Project Eligibility Meetinghouse Commons at Smolak Farms Off Dale Street North Andover, Massachusetts Gentlemen: As per your request dated July 30, 2001 and received July 31, 2001, the Salem Five r l :. Cents Savings Bank has reviewed your plans to construct 93 detached and attached residential condominium units to be offered for sale to households where at least one member is over the age of 55. The subject development site is comprised of 30.2 +/- acres located along South } Bradford Street off of Dale Street, North Andover, Massachusetts, and is proposed for development under a comprehensive permit to be issued pursuant to M.G.L. Chapter 40B and the regulations promulgated thereunder. The Bank understands that you have notified the Department of Housing and Community Development as required under revised guidelines for E the M.G.L. Chapter 40B program detailed in 760CMR Section 31.01. As such, the requirement ¢' of a 30 day period from the date of your request has been satisfied. On behalf of the Salem Five Cents Savings Bank I have visited h' g isited the site and reviewed l plans for your project in conjunction with reported acquisition costs. The project calls for 93 residential units to be completed in three phases. Two phases will contain 53 detached homes. A third phase calls for 14 townhouse style condominium units to be contained in a single building, and 26 "garden style" units to be contained in a second building. The arcmanner er consistent hitectural elevations for each structure have been designed in a with and which should preserve the area's rural surrounding character, which is dominated by Smolak Farms. You have submitted sample floor plans for typical units, and have indicated that i they will generally range in size from approximately 1,100 to 2,000 square feet of living area. C Salem Five Cents Savings Bank Salem Five Sales and Service Center Salem Five Mortgage Corporation 978 745-5555•800 322-2265 978 720-5958-888 246.1265 978 745-5555-800 311-1265 i Member FDICIDIF i _ 1 - cn te M rid I• / 3 / - �` \ ♦. ..--- ---ter-w �,. �• - �{ ^`r '\ `\, \ If 3 / , �►w t \ 1 _� , �,! fib- �' ` ;J Er F ♦��` V N MOf0.0 [K �/'1 1 `\`•• "- �' P - f `, A- �r 1` , `\ L ... - - -..- $ 1" . 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AT bl ,,1� '+�\\ ; II`♦ t �I ,'r.r aSi�04.19Nt1�3W `, ♦\ �� �(�' It ' �CAI RI"4a+e11�1 1 t I t O /H - "� r •� �O 03 Ll OD 1pMN M M T 4 {6pDtdgY,d:09tei15Nvd �` \\ \\ \ r' ' r f -/�-�..• - "' �n r,, f'' y> - N oortmna "°w w'a'w `, ?♦ n ` o' r. W �M'avtrlir!lal o 7M�roi11R f• � �.I T, � � `-.�- -Q. /' .____.. ti•t / C',r+ /' 'A�ain'Y _. N `Y. It �;�r -.�-may —,•, � rfi'1. r t� ..nY0t11NWIttiDfMd Id 1 ` / ♦ ��� `` ��� _�1.+.., f umt�d N�MI�+A � ``t+ / j '� `- -`� � `rr�-2���'rivF-�^•+,�'__ i�+•�!t:•.lir t♦ -v11nIRI1mIIea!I dN�N 7RJa 9atdYtlD 4 i - _ _ /` r•'� ` ^ ` `� ' J�.,C .;..F;.;�� p•.art 1 t / _ t / .. ^-�- •.`• ^.,�� � \ ��,rjr��. :.��' ':t.��'T:•• /� 'O adda•rhwaNr,,.titep,aLLll \ / ,. /S dt '♦` ...r`Jl..` \ \ , T'/4.�.:•:. ., ,// s+t-�.1►nt�.n+u.nv��rl 7 rµ01$OZYv .91�Et Kot.GO.i►n Oti' f \ j/.n A�.-,:�.,. �%...'�` .• d' � I ' -tf '/ `pA' /S \ y �rY.. _ i •.�- 3;n u115103U tlOd • � 1t Meetinghouse Commons, LLC August 30, 2001 Page Two t a Units will include two bedrooms and two bathrooms, which is typically desired by the target market of individuals over age 55. Satisfactory covered parking will be provided. Buildings will be serviced by public water and sewer utilities available to the site. It isour Y ;E stated intention to sell the units as part of a governing condominium association. You have provided to the Bank for review aurchase and ales agreement executed by Meetinghouse Commons, LLC and the landowner, Smolak Farm Nominee Trust, H. Michael Smolak, Jr., who you have indicated are current owners of the site. Based upon this agreement it + appears that you have secured the site for development. Salem Five Cents Savings Bank has also reviewed your pro forma statement of anticipated p ed income and development costs for the project. Based upon this documentation with respect to profit margins and dividend limitations, the Bank has concluded that the project is financially feasible and in compliance with the requirements of the Comprehensive Permit program. In so doing,Salem Five Cents Savings Bank also considered your credentials as a developer and history of successful projects in the area. i Salem Five Cents Savings Bank has conducted a preliminary review of the proposed site and architectural design of the project and is of the opinion that the project will meet or exceed basic health, safety and design requirements. Salem Five Cents Savings Bank finances residential development projects in Eastern New England and is knowledgeable regarding new construction prices in North Andover, MA. We are aware of the escalating housing prices and shortage of housing for area residents. The demand for reasonably sized, maintenance free living i units, such as those proposed, is particularly acute in the area. The'Bank has reviewed the proposed unit plans, and finds that they are generally appropriate for the site based upon similar developments with like units in the community. The Bank is of the opinion that the housing proposed under this project is both suitable for the site and desirable in the marketplace. Further, we believe that the proposed sales prices for market rate and subsidized units as detailed in the 44 submitted pro forma financial statement will be generally accepted in the marketplace given the 9 relative price levels of new housing in the community and in the area. Sales: Five Cents Savings Bank is pleased to inform you that the project you have asked the Bank to review is considered as Comprehensive Permit eligible for financing under the New England Fund("NEF") of the Federal Horne Loan Bank of Boston ("FHLBB"). r u� A Meetinghouse Commons, LLC s , August 30, 2001 Page Three y Please be advised that this letter.does not constitute a commitment to you for financing by the Bank with respect to this project. Finalized municipal approvals, plans,budgets, appraisals, current real estate market analysis, and more in-depth and comprehensive underwriting must be completed before the Bank's Board of Investment may formally consider issuance of a commitment on a proposed loan. } However, this letter does constitute a project eligibility letter as required under the regulations applicable to comprehensive permits under Chapter 40B of the Massachusetts l General Laws. Salem Five Cents Savings Bank is a member of the Federal Home Loan Bank of Boston, and has approval to utilize funds provided by FHLBB's New England Fund. This fund was established to fund affordable housing and other community investment initiatives. Should your project receive final approvals and subject to a loan commitment as described in the paragraph above, the Bank would agree to apply for funding under this program to fund the construction loan for the proposed development, and may seek monies for favorable mortgage F' loans for the purchasers of the affordable units. q Projects approved under the NEF program require the 25% affordable housing set aside noted above to which you have committed for this project. Moreover, purchasers of these affordable units will be restricted to those earning not more than 80% of the area median income for the appropriate census area. Projects also must adhere to the limited dividend aspect of the program, under which the development entity, Meetinghouse at Commons, LLC will comply. Units within the project must also cant'a deed restriction for at least fifteen years incorporating the income restrictions and commensurate limitations on resale price. In order to ensure that the project will fully comply with N.E.F. program requirements applicable statutory and regulatory provisions will be enforced by regulatory agreements and deed riders. ShouldYq ou have an questions, please do not hesitate to contact me. Y Sincerel Mark H. Lef + Senior Vice President ; i 471- ,S) Apr-10-02 14: 32 P . 02 Town of North Andover MORTN office of the Zoning Board of Appeals - Community Development and Services Division • - • 27 Owfles Street �.��.,.•. North Andover, MaSs<kchustALs 01845 ''�Mu Telephone(978)MR-9541 D. Robert Nic-(La Fax(978)688-9542 l3vildin,� ('nn++aixsir�ncr C n Date TO: Town of North Andover 7.oning Board of Appeals 27 Charlcs Street North Andover MA U 1845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to snake a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET:. TOWN: `fie)p.T MEF-.TIN(i DATE(S):.. - APR) L ._� Z00 NAME OF PETITIONER: r+p c t 'r ^��.�^�� LL c Signed: `f_ P ' oner or petitioner's representative) WAIVER .v �y A(>A1tUC1!',�PTF.AISG88'+541 Rt111.r)1i G08-9545 CONSERVATION 689-9530 14F..4 :111699.9540 YLANNIN 6884 5 �:D APR 1 1 2002 U: .. BOARD OF APPEALS Town of North Andover F,,ORT►, Office of the Zoning Board of Appeals o?4`�'ua*,� Community Development and Services Division j6. s 27 Charles Street North Andover,Massachusetts 01845 �'s'""~"' `h SACH115 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: nw\ Zo VU)y-i a n FAX NUMBER: j n FROM: Town of North Andover Zoning.Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: —u - /0- 0r, SUBIECT: Lo►1 4 Q 0 r NUMBER OF PAGES: REMARKS: o� d Ion �►Iq✓I Y�.�j, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Apr-10-02 14:32 Identification Result Pages Tvne Date Time Duration Diagnostic 89786892310 OK 02 Sent Apr-10 14:32 00:00:34 002582030022 1.2.0 Z8 I FAX TRANSMISSION T0: 0111 n FAX NUMBER: 100 — 6�q_ ;0 /0 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: i 4 Va r 114id NUMBER OF PAGES: L_ REMARKS: I HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Apr-09-02 10:25 Identification Result Pages Tyne Date Time Duration Diagnostic 89786892310 OK 02 Sent Apr-09 10:24 00:00:30 002582030022 1.7.0 2.8 JOYCE BRADSDHAW MEETINGHOUSE COMMONS LLC 0 TOWN T HNANDOVERC 185 Hickory Hill Road North Andover,MA 01845 2001 APR - 978-687-2635 fax 978-689-2310 8 P 10 15 April 8, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 RE: Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm Dear Zoning Board of Appeals: In response to the VHB Review Letter dated April 8,2002,Meetinghouse Commons LLC does not intend to submit any new evidence or responses. Regarding many comments,the consultant clearly indicates a disregard of correspondence from Town of North Andover authorities(DPW, Fire Department, Conservation Commission),which have either been provided to him by the applicant,or are the consultants' responsibility to acquire and consider before issuing critical comments. We don't concede or agree that,in areas of the Conservation Commission's jurisdiction,the consultant's opinion should dominate the professional and considered collective opinions of our design engineering team,two outside professional consultant hired by the Conservation Commission,the Conservation Agent,and the entire Conservation Commission membership. On the remaining comments,we either professionally disagree or consider them too far beyond the scope of a Comprehensive Permit review to warrant a response. As we indicated in our correspondence on April 3, 2002,this review has already gone dramatically beyond the scope required for a Comprehensive Permit,and all reasonable and substantive issues have been addressed. The guidelines for a Comprehensive Permit Application require only that Preliminary Site Development Plans be submitted. Meetinghouse Commons LLC has gone well beyond these requirements, and in fact has submitted serviceable construction-level development plans,with all reasonable and substantive issues already addressed. Any additional minor concerns can be addressed after the issuance of a Comprehensive Permit,prior to construction. Therefore,we request that the hearings be closed at tomorrow night's meeting, (April 9, 2002)and a decision issued within the statutory time frame. Please contact me with any questions or concerns. Sincerely mas D.Zahoruiko,Manager Meetinghouse Commons LLC Cc: Robert Nicetta,Building Commissioner/Zoning Officer Mark Rees,Town Manager Heidi Griffin,Planning Director D r�B 'an Levey AP14 2002 BOARD OF APPEALS Glennon, Michel From: Carney, John Sent: Monday, April 08, 2002 11:44 AM To: Glennon, Michel Cc: Soucy, Fred Subject: Meeting House Commons Comprehensive Permit The Police Department has no issues to bring before the Zoning Board of Appeals regarding this project. We have been in contact with the developer and we are satisfied with the proposed project at this time. 1 FAX TRANSMISSION TO: ' ®W i Z 0 Y��.� t kO FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 7 ' "" b 2 SUBJECT: d t NUMBER OF PAGES: REMARKS: WILS if U. i.EiR'E AIA/�1Y:; FOR I'4UCLt= DATE ` ` TIME ��'��P.M. M OF PHONED Fax ' RETURNED PHONE C)M901(X1LE !p0�m ' 901(XY WR CALL AREA COD NUMBER EXTENSION MESSAGE Y/ PLEASE CALL ;WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEEYOU SIGNED -SOPS, FORM 4002 Town of North Andover of 14ORTH Office of the Zoning Board of Appeals F? e_;r t•.• Lp Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE &LAND PLANNING April 3, 2002 Timothy Macintosh Project Engineer Vanasse Hangen Brustlin 101 Walnut Street Watertown, MA Subject: Meetinghouse Commons at Smolak Farm Dear Tim: As per our conversations, and our continued requests over the past three and one half weeks, we had anticipated a response to our March 11 th, 2002 letter from your office by March 26th. To date we have neither received a comment letter via regular mail or electronic mail. Due to this continued lack of response to the Comprehensive Permit Application filed by Meetinghouse Commons LLC in August of 2001, my client has no choice but to inform the Town of North Andover Zoning Board of Appeals of his continued frustration with this process. We are scheduled to appear before the Zoning Board on Tuesday, April 9th, 2002. We would again request that your office respond to our letter of March 11, 2002 so that we may respond to your issues prior to the April 9th Zoning Board hearing. Thank you for your time and consideration with regard to this matter. Please feel free to contact my office should you have any questions or concerns regarding this application. Sincerely, H es, Inc. Christian C. Huntress Landscape Architect CC: Mr. Thomas Zahoruiko— Tara Leigh Development, LLC. APR 4 2002 60ARD OF APPEALS 17 Tewksbury Street, Andover MA oi8io 978.470.8882 978.470.889ora,i f HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE & LAND PLANNING 17 Tewksbury Street Andover MA o18io �P ' O O S Zoning Board of Appeals Town of North Andover D 27 Charles Street North Andover, MA 01845 BOARD OF APPEALS #j }y { j ## jj J j( {t { j {j �•'� lII�if llf-4 It i 111!111!f 11"1i111II"4II I f if I I I.f.I 111 11 1 HUNTRESS ASSOCIATES RECEIVED LANDSCAPE ARCHITECTURE &LAND PLANNING JOYCE BRADSHAW TOWN CLERK 14ORTH ANDOVER 101 PPR -3 p 4: 0g April 3, 2002 North Andover Zoning Board of Appeals Acting Chairman Town Hall- 120 Main Street North Andover,MA 01845 Subject: Meetinghouse Commons at Smolak Farm Dear Mr. Chairman: We are in receipt of VHB's letter dated 4/3/02 regarding their review of the Comprehensive Permit application for Meetinghouse Commons in North Andover, Massachusetts. The following is a reply to each of the issues and concerns raised during their continued review. PLAN REVIEW 1. The Applicant states that scaled architectural drawings, stamped by a Registered Architect were provided in the original application. VHB did not receive this information. However, we assume these plans were submitted to the Town. ■ Stamped architectural drawings will be submitted to the Building Inspector prior to the application of a Building Permit. 2. VHB assumes that an updated list of exemptions was provided to the ZBA. VHB did not receive this updated list. ■ Twelve (12) copies of the revised list of exemptions were submitted to the ZBA on March 18, 2002. 3. The Applicant has provided a North Andover Zoning Map (scale: 1" = 5000') showing the limits of the Watershed Protection District (WPD). Further, the Applicant states that the project is not within the WPD. VHB cannot confirm that the entire site is outside of the limits of the WPD based on this map. VHB will assume that the ZBA is satisfied Y PP b the Applicant's statement that the P project is outside the limits of the WPD. ■ We have provided the ZBA with the Town's current Zoning Map, showing the location of the Watershed Protection District. As shown on that plan, the site is not within the delineated boundaries of the Watershed Protection District. 4. The Applicant states that signage is not proposed at this time for this project. No review is required. ■ No comment required. APR2002 3 D BOARD OF APPEALS 17 Tewksbury Street, Andover MA o18io 978.470.8882 978.470.889orox North Andover Zoning Board of Appeal Page 2 of 5 April 3, 2002 5. VHB requested that a table be provided on the plans which shows existing, proposed and required zoning setbacks, areas and parking requirements. The Applicant responded that this table has been provided on the plans. It does not appear that the table has been submitted to VHB for review. ■ All zoning setbacks, tables and associated requirements have been clearly identified in the updated list of exemptions provided to the ZBA under separate cover on March 18, 2002. 6. The Applicant states that the capacity of existing utilities is sufficient for the proposed use. However, no evidence has been submitted to support this statement. Also, the Applicant states that North Andover's Department of Public Works (DPW) reviewed and approved the plans. VHB has not received any written approval from the DPW. ■ The capacity of existing utilities is sufficient for the proposed use. DPW has reviewed and approved the plans as provided to the ZBA. Copies of all DPW correspondence are available in the office of the Zoning Board of Appeals. DRAINAGE REVIEW 1. The Applicant states that the post development drainage map has been revised. However, no post development drainage map has been submitted to VHB for review. ■ The North Andover Conservation Commission, along with two (2) independent outside environmental consultants, has reviewed the project and issued an Order of Conditions addressing all drainage and environmental issues. The Chairman of the North Andover Conservation Commission has attended previous ZBA meetings to support the project and to answer any specific questions that VHB or the ZBA may have relating to environmental/drainage issues. A copy of the final Order of the Conditions was provided to VHB and the ZBA. No additional comment is required. 2. VHB does not agree with the Applicant's statement that the high groundwater table will not hinder the volume within the detention pond because the oulet pipe is located at the bottom elevation of the pond. VHB's concern is that the water table may be lowered and the hydrology of the adjacent wetlands may be adversely altered. As the North Andover Conservation Commission (NACC) has approved the project and issued an Order of Conditions, VHB assumes that the Applicant has satisfied the NACC regarding the detention pond design. ■ The North Andover Conservation Commission has reviewed the project and issued an Order of Conditions. A copy of the final Order of the Conditions was provided to VHB and the ZBA. No additional comment is required. 3. VHB requested that culvert capacity analysis for the proposed twin 24-inch RCP culvert and proposed twin arch span bridge culverts be submitted for review. The Applicant states that the computer program used for the project provides calculations for the culverts proposed for the site. However, no such culvert analysis for the proposed culverts has been found in the computer North Andover Zoning Board of Appeal Page 3 of 5 April 3, 2002 program printouts. Also in our previous report, VHB had requested specific information for culvert capacity review, yet none of this information has been submitted. Without this information, VHB cannot determine whether the proposed culverts are designed properly. Further, we cannot determine whether there are any flooding issues associated with the proposed culverts. The following is a reiteration of VHB's original comment: The Applicant has submitted the roadway culvert capacity calculation. However, it is unclear which roadway culvert the calculation is referred to. The site plans indicate that twin 24-inch RCP culverts are proposed at station 1+75 and twin arch span bridge culverts are proposed at station 6+75 on Cortland Drive. Regardless of the unclear culvert location, the culvert capacity calculation that was submitted by the Applicant does not provide sufficient information to determine ine whether the roadway will be overtopped. The Applicant should provide detailed analysis for the proposed roadway culverts. Detailed analysis should include inlet and outlet control calculations, allowable headwater elevation, tailwater elevation and roadway elevation. The Applicant may consider referring to Federal Highway Administration (FHWA) Hydraulic Design Series Number 5 for more culvert analysis details. ■ The North Andover Conservation Commission has reviewed the project and issued an Order of Conditions. A copy of the final Order of the Conditions was provided to VHB and the ZBA. No additional comment is required. STANDARD ENGINEERING PRACTICE 1. The Applicant states that the North Andover Fire Department (NAFD) has reviewed and approved the proposed plans. VHB has not received any written approval from NAFD. Further, VHB recommends that the radii at the intersection of Dale Street and Meetinghouse Road be increased. The current design (15-foot radii) caused single unit vehicles to encroach on opposing lanes of traffic to successfully make the maneuver. VHB recommends 30-foot radii. ■ The North Andover Fire Department has reviewed and approved the plans as provided to the ZBA. Copies of all NAFD correspondence are available in the office of the Zoning Board of Appeals. The Fire Chief has attended previous ZBA meetings to support the project and to answer any specific questions that VHB or the ZBA may have relating to public safety and access. No further comment is required. 2. It appears that the roadway profile on Meetinghouse Road between station 4+50 and 8+50 is flat due to the length of the vertical curve (400-foot curve). VHB recommends that the vertical curve be shortened(100—foot curve)to avoid flat gutter slopes(puddles)at the low point. ■ The purpose of the roadway design was to create the low point with an elevation high enough to provide for adequate cover over the proposed drainage system to be located at the low point and to provide additional elevation above the lowest outlet point at the edge of the delineated wetland. Drainage structures have also been provided upstream in both directions. Additionally, the Contractor will take precautions to ensure that the final North Andover Zoning Board of Appeal Page 4 of 5 April 3, 2002 pavement elevations will be within the tolerances allowable to prevent any "puddling"from occurring. 3. Please note that the proposed wood guardrail system is not a crash tested system as specified by the American Association of State Highway and Transportation Officials (AASHTO). VHB suggested that a crash tested guardrail system be proposed. Examples of crash tested systems include steel-backed wood guardrail or standard steel guardrail. Further, VHB recommends that a guardrail connection detail be shown to illustrate how the guardrail is attached at the top of the twin arch span bridge headwall. ■ Construction details for the proposed guardrail will be provided to the Building Inspector prior to the application for a Building Permit. 4. Upon further review of the vertical alignment of Cortland Drive, there appears to be a potential site distance problem in the vicinity of station 19+00 caused by the vertical curve between station 18+50 and 19+50. The Applicant should review and revise the profile accordingly. ■ Based on the anticipated amount of traffic, the design speeds associated and the location of the proposed driveways for the units, we don't anticipate a sight distance problem in this particular area. ENVIRONMENTAL REVIEW VHB made several environmental comments in our original review dated March 11, 2002. The Applicant provided responses to our comments on March 20, 2002. On March 28, 2002, the North Andover Conservation Commission (NACC) approved this project and the Applicant has provided a copy of the Order of Conditions issued by the NACC. VHB assumes that the NACC was provided a copy of our comments prior to their approval and issuance of the Order of Conditions. As the NACC has approved the project,no further environmental review is required at this time. ■ The North Andover Conservation Commission has reviewed the project and issued an Order of Conditions. A copy of the final Order of the Conditions was provided to VHB. No additional comment is required. TRAFFIC REVIEW VHB have reviewed the applicant's responses for the Meeting House Commons proposed housing development. In general, the applicant has provided suitable responses to our initial comments. VHB offers the following comments: •J North Andover Zoning Board of Appeal Page 5 of 5 April 3, 2002 1. VHB requests that the Applicant clarify the uses expected to take place in the Community Meeting House. Please note if it is the intent of the applicant to restrict use of this facility to residents of the development only or if it will be'leased or rented to the general public at any time. ■ The Community Meetinghouse will not be leased or rented to the general public. The Community Meetinghouse is only intended for use by residents of Meetinghouse Commons. 2. Regardless of when the design standards changes, the applicant is required to meet existing safety standards and provide adequate Intersection Sight Distance for the observed 40 mph maximum existing speeds. While this information was not available when the report was prepared, the information is now considered the design "standard". It is assumed that these changes in design standards are consistent with updated information and is based on revised safety requirements. ■. The changes in design standards are consistent with updated information and are based on revised safety requirements. No additional comment is required. We are scheduled to appear before the Zoning Board on Tuesday, April 9"', 2002. Thank you for your time and consideration with regard to this matter. Please feel free to contact my office should you have any questions or concerns regarding this application. Sincerely, Hun ss A iate , Inc. Christian C.Huntress Landscape Architect CC: Mr. Thomas Zahoruiko—Meetinghouse Commons, LLC. Mr. Timothy Macintosh- Vanasse Hangen Brustlin, Inc. I i ------ L 1AU.bbG N.1 Transportation ,and Dra eiopmerat Lier14081 i�inal Services A101 Walnut Street Tf___ YY____ r►...._...a�__ r.. er__o_..n.e YC.L7LLd.1'.1""� r1C,tTLf�(ri'L t�T7L\L-9.Tt._ /7l C- i Gni vtaua wn mi Wak=own NEa"aChU8eW 02471 617 9241770 FAX 617 924 228 6 FAX i ranstilittdi Deliver To. Robert Nicetta Fmm Tim Mcintosh Building Commissioner Company- Town of North Andover VHB Project Na: 06716.49 TelephoneNb- 978-688-9545 FAX No- 978-688-9542 orWrW of Telecopy. Will be sem Date and rte: 04-02-02 Tntal Num►6er of Pao"0ndudinv 7�mgm*"-]Form} 5 -�--- RE: Comprehensive Permit Application Review Meeting House Commons NT—&& Hi Bob, Please find a copy of the engineering review for the above project. If you like,I can send a copy of the report to the Applicant. riease advise.. Please call we if you have any questions LIMA 1 RECEIVED DI I 1 1 U 1 waia�m�oans�a��'n�a�a�s�t�x„lawa-oaozozax APR 3 2002 APR 3 2002 BIJIL.L�f1VG BOARD OF APPEALS DEP-r. Transportation Land Development Environmental • Services • Imaomatton I/fINOVtftlOfl I enCfAV C ranting TP=tIN.fnr mir rNpnta And hmpfem for nnr rnmmrmirL-r April 2,2002 yB rr n B acit1iy sic Ref: 06716.49 Robert Nicetta Torn of Nar A�iOYvr rnmmr,nifv Dnyolt�rnnPr.t,&Sw*.rir_w�c 27 Charles Burnet North Andover.MA 01845 Re: Comprehensive Permit Application Review for Meeting House Commons North Andover,MA Dear Bob, Va lmse Hangen Brustlin,Inc.(VHS)has received revised plans and documents which respond to our original review dated March 11,2002 in general,the Applicant has addressed our comments and concerns.VHB offers the following comments: PLAN BBV 1. The Applicant states that scaled architectural drawings,stamped by a Registered �%u MC%-L wcie PPV V LUCU ut ULC VT16utdi Qyplll'dUCWL Y�alu ItOi re ve UIX5 ler —..a1..�, ii..._....... tL �1�—.__.__ r J r__T Y YV111WNV1M 11Vwevel,rie assuMe uacsc Plaits ut Slebirdued to ittr TOWIL 2. VHS assumes that an updated list of exemptions was provided to the ZBA,VHB did not nornirro 4�ic•1�rt� nei lief 1...,bed 3. The Applicant has provided a North Andover Zoning Map(scale.i"-=50001 showing the limits of the Watp_.rshAd Protprtion Digtrirt INPID):Ftn"ther,.the A-,- nt stattes that the project is not within the WPD.VHB cannot confirm that the entire Fite is m k ch%nf the limits of the WPD based on this map_VHB will assume that the ZBA is satisfied by the Applicant's statement that the protect is outside the limits of the WPD. 4, The Applicant states that signage is not proposed at this tithe for this project No review is required. 5. VHB requested that a table be provided on the plans which shows existing,proposed and required zoning setbacks,areas and parking requirements_The Applicant responded that RECEIVED 101 Wal nut Street Post Office Box 9151 v „� „It ,,,;,R� -2002 617.924.1770 .FAX617.9Z4.2Z86 email:infoOvhb.com WWW.VhbX0til BUILDING DEPT. _.. .. - IIV.bbG r..� Robert Nicetta Project No.: 06716.49 April 2,2002 gage 2 this table has been provided on the plans.It does not appear that the table has been s...1 Litt-µ:;iai✓tali is Glc+r. 6• The Applicant states that the capacity of existing utilities is sufficient for the proposed 119e=HOWeVet,nes evidence}qac 1,r an r.-l,vnCiitte fto rtip�rF#,MFl a c+�+nW�n�_ !►lenj ,s AT nHcant states that North AndovWs Thi artment of PUh1:r Wrtrlre lr?PWl reviewedandapproved the plans.VHB has not received any written apnrovai from the DPW- QRAINAGB RMEW 1. The Applicant states that the post development drainage asap has been revised. However,no post development drainage map has been submitted to vHB for review. 2. VHB does not agree with the Applicant's statement that the high groundwater table will not hinder the volume within the detention pond because the oulet pipe is located at the bottom elevation of the pond.VHB's concern is that the water table may be lowered and the hydrology of the adjacent wetlands may be adversely altered. As the North Andover Conservation Commission 0 AC P has approved the project and issued an Order of Conaitions,-virus assuages that the Applicant has satisfied the NAcc regarding the detention pond design. I VHB requested that culvert capacity analysis for the proposed twin 24-inch RCP culvert + •-- .._ iu'u+pYu�sir3eu LWu1 aiui VARvnuge CULIftmus vie Suvut lieu Ipz revjCW.ane.applicant S�ca uaga ua wulpiilri-lamaul useu iii uucY�i'ltYvvtur-s-Gaa+6- sdUM b L`0 h e c �. r ...4U- ' .. v �.vat _..�`av�i.vjrawc.a ova $alac.tavirciiu,lay aa+�al F{iiT Ga Wlikis:0 aVl PAM 11tVpVJC4 cwahlertsl!law-c been found 4 43a���.....M.. - ' a,».a.. A 7 •. �� {l..Maya�aV�afiYa pa LIWraaJv til i)W Lac iavay rctrvia, VM had rarn+aateri amn"4. a^nf�a�i rren s^i 1�i�.• �e ewn.4ss� ice.► •_ pa^.rem a s r infnrmat;on has been cnhmifted-Without this infnrmatti N%M camnot dette mi o whether the D>•ODOFedL111yeT+g arP deC-�-ieA_ a "TV" r'V. Fnm.rthwe 4 annnt(ietPrMine Qnr--r- J whether there are any flooding issues associated with the provored miverte- np following is a reiteration of VHB's original comment: The Applicant has submitted the roadway culvert o Waty adculatunL Howemr,it is unclear tniti{k rrytdu vita nifitvr►tlra raTnrTrNinr�is roFerrod tri_Tien omits »,�1:�„wo�in��,r�.�?� .r..... C hwr 5 are 1p Qr►M_W at statihn 7+7q tmd tlmn milt<rw itridoo rrrhwrfc ata mnrtneod M<tntinn -r---- a-------------r--r-sce_-_tAt.- 6+75 on Cortland Drive.Re (fiess of the Unckar ruhlPrt lnrsfirtn-the nu191Pyt ri"1v1r_.ifv calculation that was submitted by the Avulimnt does not provide sufficient information to determine whether the roadway;iU be overtopped. the Avuliwd should rrtvvide detaffed analysis for the propowed m-duw culverts.Detailed anab/,sis should include inlet and outlet control calculations,allowable headwater elevation tailwi ter elevation and roadway eIenatum.The Appikant VWy consider ring to Federal HiSyAdmiristration(FHWA )Hy- draulic Design Series Number 5 for more culvert analysis details. \0673649\docs\1elterateo-tauewup review-Z��sidoc r.=4 Robert Nicelta Project No.: 06716.49 April 2, 2002 Nage 3 STANDARD ENGWEERING P]<tAC7TCE I. The Applicant states that the North Andover Fire Department(NAFD)has reviewed and a-nntriyed the vW^ nad plant IMM' c nt roivM W—w si+rr-- r— hrrov erst-nvol hvnm A4- Further;'VM- nacommand c that+hp raiiii a+thn i+nfirrgortirrn of r)alg!qtro vt wnri Mfingh . ainreased.The �r.rdesicom.(15-fot r nail cadiused F,invlp unit veheeicles toouseencroaRocdh be on ovucosing Lanesnof trantffic to successfully make the maneuver.VHB recommends 30-foot radii- 2. adii2. It appears that the roadway profile on Meetinghouse Road between station 4+50 and 8+50 is flat due to the length of the vertical carve(400-foot curve).VHB recommends that the vertical curve be shortened(100-foot curve)to avoid flat gutter slopes(puddles)at the low point. 3. Please note that the proposed wood guardrail system is not a crash tested system as specified by the American Association of State Highway and Transportation Officials (AASHIO). VHB suggested that a crash tested guardrail system be proposed. Examples of crash tested systems include steel-backed wood guardrail or standard steel guardraiL Further,vnis recommends that a guardrail connection detail be shown to illustrate how rile guardrail is anached.at the wp of me twin arch span bridge headwall:. 4- Upon further review of the vertical alignment of Cortland hive,there appears to be a k.....tuna ass snit'�iuiu y vi aa`au3ic iiTw CaavF i ur iiec vtsauCai Ct-_V%7e MN4-; .•. 19-CniA 10tUn Thc i A 1' a 1...__l� A A.. cs�Yaieoiu�►.vuau ac�sci7 nw 4GVaac MaC prnfita�nnnr�ieaeslo K-ONMENTAL REVEEW VHB made several environmental comments in our original review dated March 11,2002- The Applicant provided responses to our comments on Manch 2Q;2(X12 cm March�A,q_f10?_the North .Andover Conservation Commission(NACU)approved this project and the Applicant has provided a copy of the Order of Conditions issued by the NACC VHB assumes that the"ACC was vsovided a copy of our coalmenu prior to their approval and issuance of the Order of Conditions.As the NACC has approved the project,no further environmental review is required at this time. TRAFFIC REVIEW VM have reviewed the applicant's responses for the Meeting House Commons proposed housing development. In general,the applicant has provided suitable responses to our initial comments. VHB offers the following comments: Aft low WV2669\d=\kfta t 64c tow p mvtcw-MOSM doc RECEIVED JOYCE BRADSHAW MEETINGHOUSE COMMONS LLC T O W id CLERK 185 Hickory Hill Road NORTH ANDOVER North Andover,MA 01845 978-687-2635 fax 978-689-2310 1001 APR -3 P 2: 01 April 2, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 RE: Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm Dear Zoning Board of Appeals: This letter is to summarize the status of Meetinghouse Commons LLC responses to comments and inquiries regarding the Comprehensive Permit Application and subsequent revisions to the proposal for Meetinghouse Commons at Smolak Farm. As you know,we are in the eighth month since the submission of the initial Application. We had productive hearings in October and November,continuances in December,January,and February,and another productive hearing in March. During this time,we also presented courtesy informative sessions for the Board of Selectmen and Planning Board. Throughout this period, Meetinghouse Commons LLC has been available to discuss and revise the proposal upon request,and we have done so on numerous occasions in response to the variety of inquiries from Town Boards, Committees,Departments,as well as residents and abutters. On every occasion,we have tried to accommodate local concerns and requests, and as far as we know,we have satisfied every reasonable request or concern presented. Meetinghouse Commons LLC believes that there has been more than ample time and notification given to all Town authorities to express concerns,and that any reasonable concerns should already have been identified. We also believe that all reasonable concerns have been addressed and that, therefore,the hearings should be closed at the next meeting on April 9, 2002. Also,over the last few months the development team for Meetinghouse Commons has made all reasonable attempts to respond to and satisfy the reasonable issues and concerns identified by the three different outside consulting firms hired by the Town of North Andover,at the expense of Meetinghouse Commons LLC(one by the Zoning Board,two by the Conservation Commission). These reviews have been redundant in certain areas, beyond the scope required for a Comprehensive Permit application(Ch.40b),and some review comments have clearly been subjective and arbitrary(as mentioned at the March 12 hearing). VHB,the outside consultant for the Zoning Board,has been unresponsive to both the Board's requests as well as the requests made by Meetinghouse Commons LLC representatives to provide timely response throughout this review,creating extreme hardships for the Meetinghouse Commons project team to satisfy the Board's scheduling requests. Regardless, we have responded to these consultants quickly and completely,and believe that all reasonable concerns have been sufficiently addressed and that,therefore,the hearings should be closed at the next meeting on April 9, 2002. pEC EPEE U ASR 3 2002 WA`RD OF APPEALS The North Andover Conservation Commission recently issued an Order of Conditions approving the project as proposed(a copy with transmittal cover is in the Zoning Board file);therefore, all drainage and environmental regulations and concerns have been complied with and addressed. Furthermore,the Conservation Commission has issued correspondence to the Zoning Board at least twice during the hearing period, and also appeared before the Zoning Board to express support for the proposal, and for the record has complimented the proposal and applicant for voluntarily going well beyond all requirements regarding environmental and drainage regulations and practices. The Fire Department has issued at least two comment letters during the hearing period,both indicating that all their concerns have been met and indicating support for this proposal. Also,the Fire Chief has appeared before the Zoning Board to confirm the correspondence and indicate support for this proposal. Two recent transmittals from the Division of Public Works(dated 3/20/02 and 3/22/02)are hereby acknowledged, and all items included in those transmittals are agreeable and can be made part of a conditional approval and where appropriate,final plans will be revised to reflect those items. All comments from the Planning Board,Police Department, and Board of Selectmen have also been addressed with correspondence in your file dating as far back as October, 2001. There have been no new issues indicated from these Town authorities since our responses and revisions per their requests. The Trails Committee has requested connections and access to adjacent conservation lands,which we have also agreed to provide and mark in the field as requested;these items have been noted on the plans and can also be additionally noted as part of a conditional approval. We have sincerely worked with and accommodated or responded to every issue presented to us,from all Town authorities, consultants, residents, and abutters, in many instances far in excess of any obligation to do so, in the spirit of cooperation and community goodwill. We believe that the project known as Meetinghouse Commons at Smolak Farm,as applied for and revised through this process,has received tremendous scrutiny, consideration and improvement, and is an exemplary proposal for which the hearings should be closed at the next meeting on April 9, 2002, and a positive decision issued within the statutory time frame. Please contact me with any questions or concerns. Sincerely or s D. Zahoruiko, Manager eetinghouse Commons LLC Cc: Robert Nicetta, Building Commissioner/Zoning Officer Mark Rees,Town Manager Heidi Griffin, Planning Director Atty. Brian Levey Town of North Andover f H°RTH ° 411.10 1610 Office of the Planning Department Community Development and Services Division 27 Charles Street +OR4il°A� North Andover, Massachusetts 01845 cHusEt Telephone(978)688-9535 Fax(978)688-9542 MEMORANDUM TO: Zoning Board of Appeals FROM: Jacki Byerley,Interim Assistant Town Planner= DATE: April 2,2002 . RE: Meetinghouse Commons-Comprehensive Permit In review of the updated plans submitted for Meetinghouse Commons compared to the memo dated November 5, 2001 it seems that the Planning Board issues have been satisfied. I' BOARD OF APPEALS BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 FAX TRANSMISSION T0: 7 FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: - 0 SUBJECT: I NUMBER OF PAGES: REMARKS: CAJ 4 C-1 P )C)"t Y) L-Voold 1 de, 1-091 010 -5, 1 1,) (A V-e- '�7 �l�e .� -- I y- �� .fie V, sJ o-n, F x �� ��� e # 7�1�•��i TO: Acting Chairman North Andover Zoning Board of Appeals FROM: Scott Masse, Chairman North Andover Conservation Commission RE: Meetinghouse Commons, C.4013 Application DATE: March 28, 2002 The North Andover Conservation Commission (NACC) has completed their review of the Meetinghouse Commons Notice of Intent application. We are enclosing for your records, a copy of the Final Order of Conditions approving the project as proposed. Issuance of this permit demonstrates compliance with the MA Department of Environmental Protection Stormwater Management Policy, the MA Wetlands Protection Act and the North Andover Wetland Protection ByLaw (which the applicant voluntarily agreed to comply with). The NACC has no further comments or concerns regarding this project. a � D2 9 2002 BOARD OF APPEALS Massachusetts Department of Environmental Protection DEP File Number: > Bureau of Resource Protection - Wetlands 242-1114 4 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Meetinghouse Commons, LLC Martin Smolak Revocable Trust, H. Michael Name Smolak and Helen R. Smolak. Name 185 Hickory Hill Road 315 South Bradford Street Mailing Address Mailing Address North Andover MA 01845 North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Dale Street/South Bradford Street North Andover Street Address City/Town Map 104C Parcel 28 and 31 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 1467 64 County Book Page Certificate(if registered land) 3. Dates: 12.28.01 3.27.02 3.28.02 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Meetinghouse Commons at Smolak Farm, prepared b MHF Design, Inc. REV 2.14.02 9 P P Y 9 Title Date 5. Final Plans and Documents Signed and Stamped by: Name 0 otal Fee: OMAR 2 9 20029,225 L-Orom Appendix B:Wetland Fee Transmittal Form) B00QoPF APPEALS Page 1 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: 3. Bureau of Resource Protection - Wetlands 242-1114 ry WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any 0 'Iinjury to private property or invasion of private rights. 3. TFii rder does not relieve the permittee or any other person of the necessity of complying with all MAR 2 9 20oh applicable federal, state, or local statutes, ordinances, bylaws, or regulations. BOARD OF APPEALS WPA Form 5 Page 2 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 242-1114 y WPA Form 5 - Order of Conditions Provided by DEP y{ g'K Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, VA DEP"] "File Number Z_.�`(H , 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Page 3 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 242-1114 Y ` y WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): Please refer to the attached special conditions. Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw p Y The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, WPA Form 5 the conditions shall control. Page,or 7 Rev.02/00 Mar-28-02 13 = 27 P _ 01 Massachusetts Department of Environmental Protection DEQ File Number. Bureau of Resource Protection - Wetlands 242-1114 y WPA Form 5 - Order of ConditionsProvided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: Not applicable per M.G.L. c.4013 ("Comprehensive Permit") This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 3.28.02 (date of issuance: expiration date=3.28.05) Date This Order must b ,signed by a majority of the Conservation Commission. The Order must be mailed by certified mail ret n receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand deliv dA the s time to the appropriate Department of Environmental Protection Regional Office(se Ap endix d t property owner(if different from applicant). Signatujp ri A w it 1 J "U in Wednesday the 27th Of March 2002 Day Month and Year OE 2 11 O a afore me personally appeared ifE Mr. Scott Masse, NACC Chairman U) ` me known to be the person described in and who executed the foregoing instrument and ;knowledged that he/she executed the same as his/her free act arv%Lary-tppolito x _ Nota Public b 111 l�,Y.E.(•'- `/;j^ Cir _.. . My C:omm�cjon EvDiFbs m Notary Public My Commission - A _ tis Order is issued to the applicant as follows: [J by hand delivery on by certified mail, return receipt requested, on (.c- L-� �L_ ��Lo� -' 11-2-00 _ -- - Date Date WHA Fgra1!� Page$Of Rev.02(00 Massachusetts Department of Environmental Protection DEP File Number: Y Bureau of Resource Protection - Wetlands 242-1114 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 °N C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission VJPA Form 5 Page 6 of 7 Rev.02/00 r Massachusetts Department of Environmental Protection DEP File Number: w Bureau of Resource Protection - Wetlands 242-1114 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Dale Street/South Bradford Street DEP#242-1114 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: 3.28.02 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: DocumentNm Number PP Signature of Applicant 9 WPA Form 5 Page 7 of 7 Rev.02/00 DEP FILE #242 - 1114 The Applicant (Meetinghouse Commons, LLC) filed a Notice of Intent (NOI) in accordance with the provisions of the MA Wetlands Protection Act (MGL c.131 s.40) (the "Act") and its associated regulations (310 CMR 10.00). The Applicant has also filed for a Comprehensive Permit under G.L. c.40B and, pursuant to the procedures prescribed by 760 CMR 30.00 and 31.00, has requested waivers of several local laws from the Zoning Board of Appeals, including a waiver of the provisions of the North Andover Wetland Protection ByLaw (the "Bylaw"). As described in the project narrative provided with the NOI application, the project has nonetheless been designed to meet the performance standards under the Act and the ByLaw. Direct alterations to wetland resources are limited to the impacts necessary to construct access roadways and a small footbridge designed to allow passage between the proposed affordable housing units and the common area, or "meetinghouse" as it is referred to on the site plans referenced herein. Each of these wetland crossings have been proposed as "limited projects" under the Act (see 310 CMR 10.53(3)(e)) and, as such, are allowable provided: 1) there are no practicable alternatives to accessing available upland; 2) impacts to wetlands are minimized to the extent feasible; and, 3) impacts are mitigated to the best extent practicable. It is the opinion of the NACC, that the applicant has met these requisites, given that the majority of developable upland area cannot be accessed without crossing wetlands; the proposed design utilizes existing woods roads and crossings; and total bordering vegetated wetland impacts are limited to 4,564 s.f., which is below the threshold of discretionary impacts. Replication has been provided at a 2:1 ratio, which exceeds the requirements ander the state regulations (1:1 ratio). In addition, the project meets standards for erosion and sedimentation control and has been designed in accordance with the DEP Stormwater Management Policy. Finally, while the NOI was filed solely under the Act, proposed work nevertheless adheres to a 25-foot No-Disturbance Zone and 50-foot No-Construction Zone from the edge of jurisdictional wetland resource areas and a 50-foot NO-Disturbance Zone and 75-foot No-Construction Zone from the edge of two non-certified vernal pools, as defined by the policies of the North Andover Conservation Commission through their ByLaw and regulations. Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the Act to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. 1 NACC 3/28/02 DEP FILE #242 - 1114 GENERAL CONDITIONS 18.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. 19.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 and the Act 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. 20.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. 21.The work authorized hereunder shall be completed within three years from the date of this order. _. 22.This Order may be extended by the issuing authority for one or more periods of up to three (3) years each upon application (Form 7) to the issuing authority at least thirty days (30) prior to the expiration date of the Order (see 310 CMR 10.05(8)). 23.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. 24.Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order of Conditions, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.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. 2 NACC 3/28/02 DEP FILE #242 - 1114 26.The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.The proposed work includes: construction of an affordable housing development incorporating approximately 46 single family dwellings (of which 23 dwellings are in the 100-foot Buffer Zone), 2 townhouse style condominiums, associated parking areas, stormwater management system, footbridge, utilities (sewer w/a single pump station, water, electric and gas) and access roadways within the 100-foot Buffer Zone of delineated Bordering Vegetated Wetlands (BVWs). Approximately 4,564 square feet of wetland fill associated with the construction of two limited project access roadways (see 310 CMR 10.53(3)(e)) is proposed within BVWs situated along the western portion of the site. Wetland replication at a 2:1 ratio is provided for (approximately 10,521 s.f.). 28.The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Epsilon Associates, Inc. Dated 12-28-01 Site Plans prepared by: MHF Design Consultants, Inc. Entitled "Meetinghouse Commons at Smolak Farm" Sheets 1 —45 Dated REV 2-14-02 29.The following resource areas are affected by the proposed work: Bordering Vegetated Wetlands. These resource areas are significant to the interests of the Actas noted above and therein. Thea applicant has not attempted to overcome pp p the presumption of significance of these resource areas to the identified interests. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein (see Positive Determination of Applicability dated 3-8-01). 31.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas the Applicant has agreed to voluntarily maintain a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone from the edge of delineated BVWs (in accordance with the ByLaw) except as follows: construction of access roadways and infrastructure, wetland replication areas, "auxiliary vernal pool area" (final location to be determined, as may be necessary), micro-habitat 3 NACC 3/28/02 DEP FILE #242 - 1114 enhancement areas (see Seekamp Environmental letter report dated 1-16-02) and one (1) boardwalk/footbridge crossing. The Applicant has not proposed activities within the 50-foot No-Disturbance Zone and/or 75-foot No- Construction Zone associated with two (2) identified but non-certified vernal pools. 32.This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 33.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not 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. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 34.Issuance of these Conditions does not 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. Pre-Construction Conditions 35.No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 36.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the 4 NACC 3/28/02 DEP FILE #242 - 1114 owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the NACC on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 37.A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection, File Number 242-1114.." 38.Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 39.It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 40.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 41.Wetland flagging shal I be checked prior to start of construction and shal I be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any 5 NACC 3/28/02 DEP FILE #242 - 1114 time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 42.A row of double staked hay bales backed by trenched siltation fence shal I be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion (unless otherwise directed by the Environmental Monitor during the vernal pool breeding season per Condition #46 below). All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 43.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of thirty (30) extra hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 44.A check payable to the Town of North Andover shall be provided in the amount of $30,000 (in conjunction with a surety bond also in the amount of $30,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. 45.The applicant shall designate a professional Wetland Scientist as an "Environmental Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be 6 NACC 3/28/02 DEP FILE #242 - 1114 given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once per month in which construction activities occur on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the erosion control monitor to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions. All wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. In addition, documented evidence that the 25 /50' (vernal pool) No-Disturbance Zone and 50'/75' (vernal pool) No-Construction Zone setbacks are being adhered to must be included in the Environmental Monitor's report with measurements taken from at least 3 locations on-site (except where otherwise waived). During the amphibian breeding season (March 15`h through June 15`h per 310 CMR 10.00), the Environmental Monitor shall inspect erosion control devices in the vicinity of vernal pool #1 and vernal pool #2. The Environmental Monitor shall be responsible for ensuring that sufficient gaps have been provided in the siltation fence and/or haybale line, in order to allow passage of breeding amphibians between the pool and the adjacent upland. 46.Prior to construction, the applicant shall permanently mark the edge of the 25- foot and 50-foot No-Disturbance Zone with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 47.The applicant shall stake out those foundation corners that fall within the 100- foot Buffer Zone prior to construction so that the Conservation Commission and/or their designated Agent can field verify that the building setbacks depicted on the plan of record are being adhered to. 48.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 7 NACC 3/28/02 DEP FILE #242 - 1114 49.The Applicant shall submit a revised wetland replication planting plan replacing sweet pepperbush (Clethra alnifolia) with shadbush (Amalanchier canadensis). 50.The Applicant has voluntarily agreed to construct an "auxiliary vernal pool" at an appropriate location elsewhere on the subject parcel in the vicinity of the Essex County Greenbelt property. The NACC recognizes that the project, as approved, complies entirely with the vernal pool habitat performance standards of the Act (and ByLaw) and that the success of this experimental vernal pool habitat area cannot be guaranteed by the Applicant through this Order of Conditions. The Applicant shall submit a revised site plan stamped by a Registered Professional Civil Engineer of the Commonwealth, complete with cross sections, approximate depths to seasonal high groundwater and other details specific to the proposed "auxiliary vernal pool". Included with this site plan, shall be a supporting narrative prepared by a qualified wetland scientist which identifies a proposed vernal pool habitat enhancement scheme (i.e., plantings, egg mass attachment sites, micro-habitat, monitoring/sampling protocol). The constructed "auxiliary vernal pool" shall be monitored by a qualified wetland scientist twice per breeding season (March 15`h to June 15`h) for a period of two years. These findings shall be forwarded to the Commission for the record file and for the NACC's use in long term monitoring of the pool. 51.The Applicant shall submit revised site plans depicting an over-sized culvert and/or headwall on Cortland Drive near station 20+00 to accommodate the passage of reptiles (i.e., turtles) and amphibians (i.e., spotted salamanders, wood frogs) between vernal pool #2 and wetland series #1. 52.The Applicant shall enhance the habitat value of the upland areas within the 50- pP P foot No-Disturbance Zone of vernal pool #1 and vernal pool #2 by adding microtopographic features, including but not limited to: small rock piles, fallen logs, wood piles and other natural debris that can provide suitable habitat for amphibians. 53.Haybales and silt fence were inadvertently omitted in select locations from the final plan set (unlike prior versions) and shall be incorporated along the limit of work on sheets 8, 9, 17, 18, 26 and 27. 54.The Applicant shall submit revised site plans and supporting drainage analysis (as may be necessary) to the NACC for review and approval in response to Coler and Colantonio's March 25`h, 2002 letter report. 55.Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. 8 NACC 3/28/02 DEP FILE #242 - 1114 This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). Stormwater Management Conditions 56.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 57.All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Written evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer for a period of two (2) years from the date said structures go "on-line". 58.Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 59.The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. During Construction 60.Upon beginning work, the applicant shall submit quarterly written progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 9 NACC 3/28/02 DEP FILE #242 - 1114 61.At the beginning (approximately April 15`h) and end of each growing season (approximately October 15`h), a progress report of the relative success or failure of the wetland replication area shall be prepared by a biologist, botanist, or wetlands specialist and submitted to the Department of Environmental Protection (DEP) and the North Andover Conservation Commission. If at the end of the second growing season, compliance with 310 CMR 10.55 (4)(b)(6) is not achieved, the NACC maintains the right to require additional mitigative measures. 62.All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 63.The sewer lines shall be tested for water tightness in accordance with North Andover DPW standards. 64. De-watering activities shall be conducted as described in the Notice of Intentand shall be monitored daily by the applicant to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 65.Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 66.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area unless otherwise approved by this Order of Conditions and the record drawings referenced herein. 67.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 68.Al I waste generated by, or associated with, the construction activity shal I be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent 10 NACC 3/28/02 DEP FILE #242 - 1114 construction materials off-site. However, no trash dumpsters will be allowed ` within 25' of areas subject to protection under the Act or local ByLaw. 69.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 25-feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. After Construction 71.No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 72.Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. 73.No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Snow Stockpiling Zones" shall be displayed in prominent locations and are subject to review and approval by the Conservation Commission and/or their designated Agent. 74. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: • WPA Form 8A — "Request for a Certificate of Compliance." • A letter from the applicant requesting a Certificate of Compliance. • The name and address of the current landowners (within the 100-foot Buffer Zone). 11 NACC 3/28/02 DEP FILE #242 - 1114 • Signed statements from the property owners (within the 100-foot buffer zone) shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to acquiring the subject property. • The name and address of the individual/trust or corporation to whom the compliance is to be granted. • The street address and assessor's map/parcel number for the project. • The DEP file number (#242-1114). • A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. • A written statement from a qualified wetland biologist indicating that the wetland replication area is functioning as intended by this Order of Conditions for at least two full growing seasons. • An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ♦ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ♦ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone. ♦ Distances from structures to wetland resource areas. Structures include (but are not limited to) buildings, additions, boardwalks, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ♦ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ♦ Location of all subsurface utilities entering the property. 76.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-Construction Zone shall be established from the edge of adjacent wetland resource areas 12 NACC 3/28/02 DEP FILE #242 - 1114 and a 50-foot No-Disturbance Zone and 75-foot No-Construction Zone from the edge of two vernal pools except in those locations approved under DEP # 242-1114. Future work within 100' of existing wetland resource areas may require a separate filing with the NACC.; • Maintenance of the stormwater management system; • Discharge or spillage of pollutants; • Prohibition of underground fuels; • Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides. • The Conservation Commission and/or their designated agent shall have access to each of the identified vernal pools throughout the year for long term study, observation and monitoring of amphibian use. • The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced an system d plan. Y 13 NACC 3/28/02 DEP FILE #242 - 1114 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the of ( 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. &/or 2. 1 am the 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. 1 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. 1 hereby affirm and acknowledge that on this day of 19 1 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. 1 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) 14 NACC 3/28/02 North • • Department Menuw To: Zoning Board of Appeals From Lt.Andrew Melnikas,Fire Prevention Officer CC: Date: March 27,2002 Re: Meetinghouse Commons at Smolak Farm Chief Dolan and I have reviewed the plans for this proposed development . All of our concems have been addressed by the developer and we do not have any additional issues at this time Sincerely yours, MAR 2 7 2002 D BOARD OF, PPEALS TOWN OF NORTH ANDOVER DIVISION OF :PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK,DIRECTOR,P.E. Timothy J. Willett F KORTil Telephone (978) 685-0950 Staff Engineer �_�°':;` � ^ "°O� Fax (978) 688-9573 000 March 27, 2002 ��Ssac►+usEt� Mr. Robert P. Ford Acting Chairman Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 RE: Meetinghouse Commons at Smolak Farms Additional Comments on Plan Review Sewer Pump Station Dear Mr.Ford: The Division of Public Works would like to add the following comments to our review of March 20, 2002 of the Site Development Plans for Meetinghouse Commons at Smolak Farms,revised on February 14, 2002. Pursuant to Item No.4 of the DPW review sent to Mr. William Sullivan,Zoning Board of Appeals on October 9, 2001,and our most recent review to you by letter dated March 20, 2002: 1. The proposed sewer pump station should be designed to accept sewage from the Town's future sewer project on Dale Street,known as the Phase 3D Sewer Project.A gravity sewer line connecting the Sewer Pump Station with the proposed Dale Street sewer is required. A portion of this sewer line is to be constructed by the Applicant and the Town will construct a portion. The capacity, depth, and location of the proposed sewer line and pump station,and the width and location of the Easements required to construct and maintain these systems are to be subject to the approval of the Division of Public Works.All Conservation Commission issues relative to the location and construction of these systems are to be the responsibility of the Applicant. Very truly yours, Timothy J. Willett Staff Engineer CC: Bill Hmurciak Bob Beshara 'WIN 2 9 2002 L� BOARD OF APPEALS TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET .NORTH ANDOVER,MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK,DIRECTOR,P.E. Timothy J. Willett NORT11 q Telephone (978) 685-0950 Staff Engineer �a°•,;`.A ^ " Fax (978) 688-9573 O F March 20, 2002 �9SSACHus��c`� Mr. Robert P. Ford Acting Chairman Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 RE: Meetinghouse Commons at Smolak Farms Plan Review Dear Mr. Ford: The Division of Public Works has reviewed Site Development Plans for Meetinghouse Commons at Smolak Farms,revised on February 14,2002. We offer the following comments. 1. The final design,access,and easement of the Sewer Pump Station will be subject to review and approval by the Division of Public Works, as outlined in the Zoning Board Draft Permit Conditions. 2. The proposed sewer force main should be ductile iron and have four feet minimum cover. 3. Sewer mitigation fees apply to all units. 4. The proposed water main in Meetinghouse Road should be 12-inch diameter,not 8-inch diameter as shown on the plans. 5. The proposed water main in Dale Street east of Meetinghouse Road should be 8-inch diameter,not 12- inch diameter as shown on the plan. 6. Water lines are to be installed with a minimum cover of five(5)feet at the bell. Installations of less than 5' cover must be insulated in a manner approved by the Division of Public Works. 7. Shop drawing submittals must certify to the Division of Public Works,that the design for the Twin Arch Bridge Culverts, shown on Drawing#33 and detailed on Drawing#44, is adequate. 8. Utilities(gas, electric,telephone,cable, sewer and water lines)should be shown on the Typical Sections,and Section A-A,B-B,and C-C on Drawing#39; and on the Plan View and Section Views on Drawing#44. Very truly yours, Timothy J. W lett Staff Engineer CC: Bill Hmurciak Bob Beshara 9 2002 BOARD OF APPEALS Transportation Land Development Environmental • Servrc'e''s : . i"inatwn I mnovatton I energy cjreatin resuits for our ctients and benefits for our communities March 13,2002 - Vana_cc - H nem Bru Wan, In_ Ref: 06716.49 Mr.Robert Nicetta Building Inspector/Zoning Officer Town of North Andover Office of Community development 27 Charles Street North Andover,MA 01845 Re: Meeting House Commons-Com rehensive Permit Application p PP North Andover,MA Dear Bob, Vanasse Hangen Brustlin,Inc.(VHB)re&ived written responses to our review comments (dated 2-11-02) for the above referenced project. We received these responses on March 12, 2002 from Huntress Associates,Inc. Please note that the written responses provided are incomplete as the traffic related responses were not included. Further,VHB's review dated 2-12-02 did not include drainage and environmental comments. These comments were included in our final report which was submitted to you on March 11,2002. To date,VHB has not received written responses to these drainage and environmental comments. Prior to any further VHB review,we request the following information from the applicant: 1. A complete set of written responses to comments within our March 11,2002 review. 2. Revised set of plans. 3. Revised traffic study,application and other pertinent documents. e If you have any questions,please vall,me. 1 Very truly yours, VANASSE HANGEN BRUSTLIN,INC. RECEIVED Timothy B.McIntosh,P.E. Project Manager-Highway&Municipal Engineering MAR 14 2002 BUILDING DEPT. 101 Walnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 \\MAWATR\te\0671649\docs\letters\let-nicetta-031302.doc 617.924.11770 • FAX 6117.924.22$6 email: info@vhb.com www.vhb.com Transportation Land Development s • Environmental • • Services • lmagmathon�!nnovation�energy.Creating results for our clients and benefits for our communities March 13,2002 . Vanasce H ww Tus hw Ref: 06716.49 Mr.Robert Nicetta Building Inspector/Zoning Officer Town of North Andover Office of Community development 27 Charles Street North Andover,MA 01845 Re: Meeting House Commons-Comprehensive Permit Application North Andover,MA Dear Bob, Vanasse Hangen Brustlin,Inc.(VHB)received written responses to our review comments (dated 2-11-02) for the above referenced project. We received these responses on March 12, 2002 from Huntress Associates,Inc. Please note that the written responses provided are incomplete as the traffic related responses were not included. Further,VHB's review dated 2-12-02 did not include drainage and environmental comments. These comments were included in our final report which was submitted to you on March 11,2002. To date,VHB has not received written responses to these drainage and environmental comments. Prior to any further VHB review,we request the following information from the applicant: . 1. A complete set of written responses to comments within our March 11,2002 review. 2. Revised set of plans. 3. Revised traffic study,application and other pertinent documents. If you have any questions,please call me. Very truly yours, VA/NASSE HANGEN BRUSTLIN,INC. 'k k',Timothy B.McIntosh,P.E. RECEIVED Project Manager-Highway&Municipal Engineering MAR 14 2002 d d � BUILDING DEPT. ,;iAR 2 2 2002 101 Walnut Street Post Office Box 9151 BOARD OF APPS Watertown, Massachusetts 02471-9151 ATR\te\0671649\docs\letters\let-nicetta-031302.doc 617.924.1770 • FAX 617.924.2286 email: info@vhb.com www.vhb.com EPSILONASSO'CIAT'ES INC Engineers G Environmental Consultants Meetinghouse Commons at Smolak.Farm • . March 20, 2002 North Andover Zoning Board of Appeals / 1 PR►ivcIP,aLs Acting Chairman- Theodore A.Borten,PE, North Andover Town Hall. 120 Main Street Margaret B.Briggs. North Andover, MA 0184.5' Michael E.Guski,CCM Subject:' VHB Comprehensive Per,mit.Review - Environmental Issues: Samuel G.Mygott,L•L•B. Aeetinghouse CO.i7lnlOns at Smolak Farm.- Dole T.Roczynski,P.E. Dear Mr. Chairman: cindyschlessinger On March 11, 2002, VHB,'Ihc. forwarded correspondence to the North Andover Zoning Lester B.Smith,Jr. Board of Appeals (ZBA) summarizing,their review of the above referenced project. This was,VHB's second letter report and focused primarily- on drainage site. plan and environmental issues. Mr. Mark'Gross, P.E. 'of MHF Design Consultants, 111c., has provided you.with; a written response addressing drainage and site plan issues. This correspondence addresses remaining environmental issues. . Environmental Review' As you are,aware,,the proponent:filed a Nodce of Intent (NOI) application with the North. Andover -Conservation, Commission (NACC) on December 28, 2001 . This application was.filed` in, accordance with the MA Wetlands Protection Act (MGL c.131 s.40) and.accompanying regulations (31,0 CMR 10.00). This NOI was not filed. under the provisions of the North'Ando,ver Wetland Protection By.Law (c.1 78 of the Code of North Andover) pursuant.to the Conlp'rehensive Permit procedures prescribed by 760 CMR 30.00 and 3.1 .00.' While the project is not-sub' to the Wetland Protection Bylaw proposed: work nevertheless "adheres to',-a, 25-foot No-Disturbance, Zone and 50-foot 'No-Construction Zone from :the edge of ,jurisclictional wetland resource areas and a 50-foot No- Disturbance Zone and 75-foot No-Construction Zone from the edge of two vernal pools, as defined by the policies of the NACC. - The NACC has contracted with Seekamp Environmental,'lnc. and Coler and Colantonio,. Inc..to review'the•NOI for compliance with the-MA Wetlands Protection Act and MA Department -of Environmental.:Protection (MADEP) Stormwater Management Policy. Vqklamp's review is complete and they have reported favorably to the NACC. Coler MAR 2 2 2002 BOARD OF ] PPEALS 1� 150-Main-Street PO Box.700 Maynard, Massachusetts. 01754-0700 173 978.897.7100 Fax 978.897.0099 2 and Colantonio's..review of the, stormwater management system is nearing cornpletion and it our expectation that the NACC•will issue an Order of Conditions approving the project as proposed later,, this month. A copy of the Order .of Conditions will, be provided to. the. 'ZBA demonstrating compliance with the MADEP, Stormwater Management Policy and.the MA Wetlands'Protection'Act. We offer the following comments`in,response'to.VH.B's correspondence dated March 11 2002: Limited Project Status- The'NOI should provide information that"the road is not wider or longer than the minimum-legal,standards required-by the North Andover Planning' Board. If the_minimum legal cross section required by the Planning Board is less than the proposed 3.146ot cross=section, the roadway cross section should be reduced to minimize wetland impacts. The NOI was forwarded to VHB for.information purposes only and was not made part of the Comprehensive Permit applicaton.(see prior correspondence to Mr. Tim McIntosh). The NACC .is.the issuing authority;under.the MA Wetlands Protection Act and not the . ZBA. 'The NACC,"their staff and their consultants continue to review the application .for compliance .with, .the. MA Wetlands Protection Act, including the Limited Project provision of 310•CMR 10.53(3)(.e). The NACC is,satisfied that, wetland impacts have been avoided, minimized and."mitigated,to the,best extent practicable. It anticipated that an Order of Conditions approving the project as proposed will be issued later this month, a copy•of which'will°be provided to the ZBA for.the record file. . An alternatives analysis for the twin-arch culverts at Wetland Impact Area 1 should be provided that includes why a longer"span is not practicable. This is required under 314 CMR 9:00:' .The project is subject-to.this regulation as it is a real estate subdivision.. An detailed alternatives;- analysis was presented on multiple occasions to the NACC through the NOI public hearing process. 'The NACC has determined that proposed roadway construction complies accordingly with the.Limited Protect provision of the MA Wetlands Protection- Act (3:10 CMR. 10.5.3(3)(e) and'that wetland impacts have been avoided; minimized and mitigated.to-the best extent practicable. Section 401 (314 CMR.9.00),of the US Clean Water Act Act (33 U.S.C. 1251 et seq) pertains to the discharge of dredged ,or fill material; dredging, and dredged i-naterial.disposal in waters of the United.Statess-within the Commonwealth. A 401 certification is a state" permit and,is therefore issued by-MADEP. The ZBA and the NACC have iso regulatory role in 401 review.' In'addition, =the project is not a real estate subdivision for the purposes of 314 CMR 9.00.. Finally, for most projects resulting in the loss of.up to 5,000 sf of wetlands, MADEP will rely on the local Order of Conditions in lieu of a separate state review. If requested by MADEP, the proponent will prepare a cleed restriction suitable for 'recording limiting the,amount of fill for the single and complete project to _ �S I LO N ASSOCIATES INC. - Engineers 0 Environmental Consultants i less than 5,000`,square feet cumulatively of bordering,and isolated vegetated wetlands- (see 314 CMR 9:04(3)). No information is provided for the.existing culverts.under Meetinghouse Road and it is� difficult to assess,:whether therei will be any hydrological changes to the project-area wetlands from.the proposed crossings. Culverts were incorrectly.depicted on existing conditions site plans. There are currently no culverts in the.above'referenced,location. The plan set has been revised accordingly. An existing culvert at`Station 5+00 that connects Wetland 1 and Wetland 4 .is described on'page 8 but does not.appear.on the.plans. No culvert is proposed, which may adversely affect:the•hydrology of Wetland 4. The text on page.8 of the NOImakes reference to a "culvert located beneath S. Bradford Street" that provides "a hydrologic, connection!`between Wetland 1 .and Wetland, 4. When the�wetlan'd',delineatio,n was,undertaken by project scientists,"it was assumed, but not verified- that,a culvert existed in thjis location across S. Bradford Street: An outlet into Wetland Series-#1 was never.actually identified. Since that time; project surveyors have'also been' unable to locate a:culverf in this location. The text in the NOI should be revised to reflect the .site plans which do not`depict a culvert linking Wetland 1 with Wetland 4: In addition to,concrete retaining"walls and riprap slopes, use of mechanically stabilized earth slopes and other forms ofbioengin.eered slope treatments should be considered. . The proposed retaining wall and`�riprap-slope is an acceptable Best Management Practice (BMP),whose design,has been approved by the NACC through the NOI public hearing' process. Additional forms of bioengineered, slope treatments are not proposed or warranted at this time. The applicant should.,protide documentation determining whether the proposed development.will adversely affect the vernal pool habitat. Sufficient documentation is included in the NOI '(which has been reviewed by.the NACC and their. consultant) . d.emonst-rating that the proposed development will not adversely affect vernal pool habitat. The project complies entirely with the vernal pool habitat performan.ce'staniards•described in .the Act and the B,yLaw andimpacts to vernal: pool habitat are not proposed or, anticipated. .Wo'rk will not occur within 10.0-feet of the, mean annual.'boundaries of such depressions where such habitat is within an Area Subject to Protection Urider the, Act. In addition, a 50-f6ot No-Disturbance Zone.and 75-foot NO-Construction' Zone -are voluntarily adhered to per the North Andover Wetland Protection ByLaw performance standards. �'`• n Engis I LO N ASSOCIATES INC.' ' neers-O Environmental Consultants, If it is determined that there will,be an,adverse 'effect, the applicant should provide mitigation measures to ensure access;to and from the vernal pool in Wetland 7., As noted above, the project complies entirely with the vernal pool habitat performance standards described in the'Act and the ByLaw'and impacts to vernal pool habitat are not proposed or anticipated. Regardless, the applicantbas agreed to substantially implement those mitigation measures.referenced in the Seekamp letter report irld0ding the creation of a "satellite 'vernal pool"; environmental monitoring during the breeding period to remove erosion. control -measuresr that may, prohibit, amphibian access to the pools, installing an oversized 'roadway culvert'to- facilitate .migration enhancing micro-habitat in surrounding upland', locations .'(e'.g., rock piles, logs, natural debris areas), implementing `a Tong term vernal =pool monitoring program and installing permanent signs around .the pools edge:`restricting access and, referencing: thew, environmental sensitivity. We would not recommend altering .any additional`upland to provide additional breeding habitat at either vernal,'pool.• , The remaining forested upland is likely, to provide necessary non-breeding habitat.for the vernal pool species at the site. The NACC has adopted Seekamp's recommendations, which we concur with, and will incorporate them accord din l .intothe Order of Conditions.' Isolated Land Subject to Flooding(ILSF)does not appear to be mapped correctly on the plans .-.' the.limit of ILSF could be•substantially upgradient`of the boundary shown.' The limit of ILSF was calculated using hydrologiccalculations in accordance with 310 CMR 103.7,and -is mapped :correctly on project site plans. These calculations were included with the,.NOI and have been reviewed by .the' NACC and their consultant. While there is a.spot elevation of 152.9 feet within the ILSF (which is higher than ILSF elevation 152.2),'it is simply an isolated high spot: Regardless, we disagree that limit of ILSF could be "substantially ,upgradient" of the boundaryshown, because existing topography limits,:the .extent;in,iwh.ich water can 'be contained within the depression before it outlets.• Furthermore, 'the applicant conservatively maintains a 50-foot No- Disturbance Zone and 75-foot. No-Construction.Zolie,from:the edge of this resource area. The NOI shouldP rovide information on which statutory interests are being created by the replacement,' wetland area. .This information is necessary to successfully monitor the replacement area. The NACC and their-consultants are satisfied.with the proposed wetland replacement, plan and if 'is. anticipated that an,Order'_of Conditions will be issued later this month approving the project as proposed. - - EPSILONASS'OCIATES INC. Engineers 0 Environmental Consultants 5 The wetland construction.should be overseen by, a qualified wetland scientist. Agreed,. This is.a,standard condition which will be made part of the Order of Conditions issued by the NACC. A planting plan should be provided in the NO/ plans that specifies planting cells or clusters that can be used by the scientist overseeing the wetland construction. The NACC and their consllliants'are 'satisfied with the proposed wetland replacement plan and it is .anticipated that an`Order of Conditions will be issued later this month approvingthe project as proposed.' "'Organic soil"on page,23 of"the NO/should be defined for use by the contractor. Agreed. This is a.standard condition which will be made:part of the Order of Conditions, issued by the NACC: . Since 2:1, mitigation is proposed, half,the replacement wetland could be planted with shrub species; and half .could be planted with tree species, which may provide enhanced wildlife value by increasing habitat diversity. The NACC and their consLfltants are:satisfied with the proposed wetland replacement., plan and .itis' anticipated, that an Order of Conditions will be .issued later this month approving the project as proposed Existing- wetland elevations at the road crossing are_riot shown consistently (144.2 feet and 144.6 feet). Discrepancies in.the elevations have been corrected on the revised plans. With no spot elevations into the existing wetland adjacent to the replacement area, it is unclear whether' the -proposed grades..in .the replacement area will provide appropriate hydrology for the proposed replacement area ... it is possible that grading the bottom elevation of the proposed wetland will-create a ponded area that will not support proposed:shrub plantings. The Order of Conditions will require that.`a.qualified, wetland scientist be on-site t0. supervise construction of thewetland replacement area and verify that appropriate hydrology is present. The. NACC :(through their 'Agent) will permit the supervising ; wetland scientist to modify the ,grading and/or planting scheme as her or she see fits based on actual field conditions-at the time of construction. • r EPSILONASSOCIATES INC. - Engineers 0 Environmental Consultants 6 .Information from Test Pit 2 was:unavailable to review; and it is therefore difficult to assess whether appropriate hydrology will be achieved. Information on Test Pit 2 was provided"on sheet#4.1: Me have forwarded a opy of this letter to VHB via facsimile.and overnight mail. If you have any questio s p ase do.:-not hesitate to contact me.at,(978) 450-7147. Sinter Y; ichae D. and Sen ior,Scienti cc: Mr. Scott Masse, NACCChairman ,. Mr. Tom Zahbruiko,'MeetinghouSe Coronions, LLC Mr: Tiri)dthy McIntosh, VHB; INC..` _ I Mr..Chris Huntress,•Huntress Associates n EPSILONASSO'CIATES INC. Engineers 0 Environmental Consultants f ® s r 103 Stiles Road•Suite One•Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733•E-MAIL mhf@xtdl.com March 18, 2002 North Andover Zoning Board of Appeals Acting Chairman North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Meetinghouse Commons at Smolak Farms MHF# 123101 Dear Mr. Chairman: This letter has been submitted as a follow-up to the letter from VHB, Inc. dated March 11, 2002 regarding the above referenced project and addresses the Drainage Review section of their letter. Based on those comments in the Drainage Review section, we offer the following: 1. The post development drainage map area has been revised to include all the areas. The original report excluded the roof areas from the post development map because they were to be infiltrated per the Stormwater Management Regulations. However, based on comments from Coler and Colontonio, we have revised the drainage report to include all the roof areas in the post development drainage map. See attached Stormwater Management report. 2. Comment acknowledged. See attached Stormwater Management report. 3. Comment acknowledged. 4. Type III rainfall has been used. 5. Revised accordingly. 6. Corrections noted. 7. Roadside infiltration swales have been eliminated. 8. Comment acknowledged. 9. The test pits located adjacent to the detention basins are representative of the seasonal high water table located throughout the site. Even if the groundwater table were to affect the detention ponds,the groundwater would not hinder the volume within the pond due to the outlet structure being located at the bottom elevation of the pond,therefore, no ponding would occur. The underground systems can also be constructed so that they are watertight and would not be hindered by seasonal groundwater. It should also be noted that seasonal high water table is as it implies, seasonal. Additional test pits have been excavated on MAR 2 2 2002 BOARD OF APPEALS ENGINEERS PLANNERS • SURVEYORS h the site in the location of the underground detention systems as regUMNtlyn Consultants, Inc. Coler and Coluntonio. 10.No fencing will be provided around the detention basins. 11. Overflow weirs have been provided. 12. The computer program used for the project provides calculations for the culverts proposed for the site. 13. The infiltration rates used for the calculations have been revised based on information provided by Coler and Coluntonio. 14. Curbing has been provided on some sections of the roadway and the roadway cross sections have been revised accordingly 15. The biofilter swale has been eliminated. 16.No easements are required for the detention ponds. The reviewer should be aware that this project is not a residential subdivision where the detention basins would typically be turned over to the Town or some other entity. The project will be developed as a condominium type of development where all the common land is owned by the all the residents of the development thru a condominium association,therefore the maintenance of the detention basins will be the responsibility of the condo association. Therefore,it is not necessary for the condo association to grant themselves an easement for maintenance of the detention ponds. 17. There are no sections of the roadway where there will be a typical cut section, therefore no ditched section will be necessary. Subdrains may be used where appropriate and as construction dictates. We have forwarded a copy of this letter along with our responses to Coler and Coluntonio regarding the drainage to VHB via overnight mail. A response to the Environmental issues section of the review letter will be forwarded to VHB, Inc under separate cover by Epsilon Associates. Please review the attached information and should you have any questions,please feel free to contact me at your convenience. Sincere yo s, MH N S TS, INC. M s, P Princip 1 Cc: Mr. Tom Zahoruiko, Meetinghouse Commons, LLC Mr. Timothy McIntosh, VHB, INC. Mr. Chris Huntress, Huntress Associates Mr. Michael Howard,Epsilon Associates vaiwi w 10:4J ra.� aiu�a�uuaa EPSILON @1001 Mom- ' PS I LON ASSOCIATES INC =31: J<.a.. =� anEngineers tal Consutts.:- , A :r To: Date/Pages: ,fin Date: y� Number of Pages: Fax: ��� � AM Including Cover Sheet Phone: From: Mite 6wvKb - Phone: 978-897-7100 I NO Fax: 978-897-0099 Tin Remarks: S Gw-�r V4/2V/LVV2 10:43 MA 9754971JIu99EPSILON 141002 Engiineeis7Erivironmental Consultants Meetinghouse Comrirons at Smoak Farm March 20; 2002: North.Andove,r Zoning Board of-Appeals PRINCIPALS Acting Chairman Theodore A.Borten,AE ! North Andover Town..Hall. " 120`Main Street Morgaier. 8>aggs• North Andover,MA 01845' wr,O;oerE Guski,ccnr Subject:' VHB Comprehensive Permit.Review= Enviionmentat Issues:" Samuel G..Mygoft;L: A: -Meetinghouse.Comriidins at Smolak Farm. Dare?•$ar2rn9&i�PE Dear Mr. Chairman: CindySghleningerOn March.11,2002,.VHB;"Inc.forwarded".correspondence to the North Andover. Zoning Ceicev8 smTch,j,. Board of Appeals (ZBA) Summarizing their;review of.the.above referenced proje�.::This. was.:VHf3`s..second, letter --.'report. and focused primari.ly.. on drainage; site..'plan: and . env ronnlentaf issues. . Mr-.. Mark:Gross, RE'. of MHF.,Design• Consultants_ Int.,. has l provided you.virith a.-written. response addressing:drainage and.site.plan issues.. :Th.i,s correspondence addressesremaini.ngenvironmental issues.., ,. . Environmental Review As you. are aware, the proponent:filet] a_ Notice of Intent (NOI) application ' irh the j North Andover Co servation. Commission .(NACC). on December 28,..20C1' Tfiis i application was filed in,accordance with the-.MA Wetlands ProEection Act (MGL c:.13.1 . s.40) and:accompanying regulations (310 CMR 10,00). This NUI was.not7iled uoder.the . { provisionsof the North Andover Wetland Protection By(_aw.(e..178 of the Code of North . Andover)" pursuant to the Comprehensive Permit procedures.prescrified by 760 CMR i 30.00 and 31.00. While the project is not subject to" the Wetland .'Protection ByLaw, proposed'Wdrk neuertfieless'adheres .to`.a'25-foot.No-Disturbance. Zone and- 50-foot.No-Construction. Zone.froni :the' edge of. .jurisdictional wetland: resoL a ..areas and a .50-foot No Disturbance Zone and:757foot No-Construction•Zone.from the edge o> two vernal pools, as defined by.the policies.of the NACC: The NACC has contracted with Se'ekamp Environmental;anc..an.d Coler and Colantoni.o,.' Inc:.to review the NOI for compliance with the'MA WeProtection Act and MA . �. . Department of Environmental.:Protection .(MADEP) .Stormwater Man2gement: Policy-' Seekamp's. review is complete and they.have reported fiivorably to the .NACC. Coler ! 150•Main.Street i PO.Box•70t) i Maynard, massachusetts. 01734-0700: ft . 978.897*7100 fax 978 897.0099 UJ/LU/LUUL 10:44 YAb 97669.7Uu99 EPSILON [A 003 and..Colantonio'sreview of the storri�water..management system is nearing complet�or<':" and iris ovr.expectation,that the_NACC will issue.an Order of Conditions approving the project as. pro.posed� late"r.• this .month:' 'A,copy of. the Order.flf Conditions: wiII,.be ' .provtcled: .to ' the ZBA' `dembristrating compliance with the 'MADEP.: Storm*water ..Management Policy andihe..MA Wetlands Protection Act: We offer the fol'I.ow'ing comments in response to.VH.B's corresponditincedated March"11; Limited Project Status= The-N" '01 should provide information that'the road.,is.not wider or longer than the. ,minimum-legal standards-required-bythe,North Andover Planning;• .Board.. If.the.minimurn.legal cross section required by the Planning.Board is less than `the-.proposed 11466t cross:section, the roadtivay. cross section should be reduced to nr i minimize wetland 'mpacts • The,rJ01 was.forwarded,to vt-iB for.in:fvrmation:purposes'only and was not'made part of the Comprehensive Permit application (see prior correspondence to tilt. "i im McIntosh)., . . ThE-NACC. is the issuing author;ry under the'.MA Wetlands Protection Act and.'not the 28A. 'The NACC,'their staff and their consultants•continu.e.to review the application for compliance• with. the Ma Wetlands Protection'' Act, indijding the limited .Project 'provision.of 3i:0 .CMR _10..530)(e). .'The NACC:is.satisfied-that w tled•.impacts have been avoided, minimized and..mitigated:to the'-best extent practicable.. It.is anticipatP.d'. that.aij' n .did;er of Conditions approving the, project as proposed will be issued later'ih►s . monrhj,a copy-of which will be provided to the ZBA for the record file- An alternatives'analysis for the twin arch'ruluertsat W&/aird.lnrpact Area 7 should be provided that includes why a Yonger,.span is not practicable. This is required under 314 . CMR'9.'0q- The project is subject to this:regulation as.:it is a"real estate suGdivision.;; An detailed. alternatives•arialysis was presented on:mul.tiple 'occasions to the NACC through the.NOl 'public :hearing. process. The NACC:ha• determined that proposed. roadway.construction-complies accordingly with.the.Limiced.Protect provision of the MA Wetlands P.i-otection 'Act (310.-CMR. 10`.5.3(3}{e} and thai 'wetland impacts' have' been avoided, minimized and mitigated'.to the best extent practicable. Section 401 14 MR9_00).6f. h n W r 3 t e ( a t A ' 1 1 CUS C ea e Act 33 'U.. "n ( _ .t S C _5 et sec)) pertai s to the discharge of dredged .or:fill materia 1,.dredging;.and dredged �n,ateria1.d.isposal.in waters of'the United - within. the Common ea A 4Q1 certification is a state. permit and.is-therefore issued :by.MADEP" The ZBA-and the NACC.have no-regulatory' role i.n. 401. review, In addition, 'the pro ject''isnota real estate subdivision for.the purposes of 314 CMR'9.00 Finally;for most projects resulting in the loss of.up.6-5,000 sf of.wetla.nds;MADER will rely on'the.local Order of.Conditions"in lieu of a separate state review. If requested by.MADEP, the'proponent will .prepare a deed restriction suitable, for recording',limitiing th.elamou'nt.of fill.for the-single and .complete project td SILONAISOCou INC. . Enainem sEwi.an.n.nta eoncws�nu' 03!20!2002 M...45 FAX.9788970099 EPSILON 121004 Tess than 5,000-.square-feet.:cumufafively of bordei-ing.and isolated. vegetated*etlands' (see 31.4 CMR 9.0413)?. NO infofmadon is provided for the-.existing culverts'under Meetinghouse Road and it is, difficult to&assess whether there will be any.hydro%gical changes.to Nte project area wetlands from.the proposed crossings.:. Culverts were'incorrectl.y.depided ori' ekisting•conditions site plans. There are currently no culver6 in the.above.referenced.-location.. The.plan set`has b?en..revised:accordin.dly: An existing .culvert ..at It.ation 5+00' that connects Wetland I and.Wetland 4 is described on=.page 8 but does not:appeat on the plans. No culvert is.proposed; which may-adversely affect the.hydrology of Wethhd 4: ... The•text on page.8.of the;NOl makes. reference to a "culvert located beneath S. Bradford Street" that provides "a hydrologic conn.ecti'OW' between. Wetland• 1 and Wetland. 4.. Whgri-the wetland.delineation was,undertaken by project scienti'sts,•ii was assumed,.hut : not.verified, that a6existed in this location across S..Bradford Street.. An:outlet into Wetland Series #1 was never actually identified. ,Since that time, project. surveyors have also been-unable to locate.'cul.a in this location. The tex:t in,th'e Nbl should be ...-revised--to'refiect the.:site .plans.whi-6 do not depict- a culvert linking Wkla.nd l with Wetlarnd 4. In additionao-concrete retaining walls and riprap slopes, use of mechanically stabilized earth slopes ai7d other. forms.of Woengineered.slope treatments should be considered_ The proposed retaining wail and'•riprap slope.is an acceptable-Resr. Mana;cment Practice (BMP):whose design;has been•approved by the. NACC throw h the NOi puk�l:ic 'heai.ng process:. Additional' forms of bioengineered .slope treatments. are not' proposed or warranted at-this time. The applicant should..provide documentation. determining: 'whether the proposed develppmenr will adversely affect.the vernal pool habitat Stiff,icient documentation .is inctuded in the NOI.(which has*been reviewed by.tl e NACC and their.consultant),.demonstrating that.the proposed development.wilt :not adversely affect.vernal pool habitat. The-project complies.entirely•with the vernal pool habitat. performancestandards described in.the.Act and the B:yLaw and 'impacts to vernal.phot habitat are. not proposed.or;anticipated. .:1Nork will .not •occur within feet 00-feet of the mean .annual.'bou.ndaries of such depressions where such habitat. is. within ar) Area Subject to`F'rotection Urider the.Act.: In addition, a 50-foot:No-Disturbance Zone.and .75-foot No=Consfruction. Zone are.voluntatily adhered to. per the I�lorth Andover Wetland.Protection-_ByLaw.performancestandards. t .. REMrs■ErwtromnentaCansvWsnR.., . i UJ/LU/LUUL Ill:415 rA3 978497UU99 EPSILON 005 If is determined that there wilt-be an adverse .effect .the'.applicant shnuld provide mitigation measures to ensure'access:to and from the vernal pool in-'Wetland-7. As-noted:'above, the Rroject'eornplies entirely with the v.ernai.pAol habitat performance standards described in•the'Acr and the ByLaw acrd impacts to verna•I pool Habitat ate--not . proposedo..r anticipated. Regardless,the applicant:ha's agreed to substantially implement those mitigation measures.referer►ced in the Seekmp.tetter report.ih&iding.thQ creation of a "satellite vernal:.pool";.environmental monitoring. during the breeding. period to. remove erosion control measures'that may. prohibit amphibian .access to the pools; initalliq an oversized roadway -culvert'to.facilitate.migration, enhancing micro=habitat . in surroUnding upland::. locations (e.g:, rock.. piles, . logs, natural 'debits arr_;as), iniple.menting. a'l.ong term- vernal-pool•rnonitorin' Oi&6grarri, and installing. permanent . signs* around the pools edge :restricting .'access and.•rePerencin'g. their environmental' • sensitivity. ... • We :tivo6ld =not recommend' altering any, additighal:upland.to .provide' additional breeding habitat.at either vernal:pool. :The remainirre. forested upland is likely. fo. provide necessary non-breeding habitat for the-vernal pool species at the site. 'The NACC has adopied•5eekamp's-recommendations, which we concut_with, and.will incorporate them accordingly,i:nto the Order of Conditior►s. -Isolated Land Subject to Floodirg.(ILSFj does not appear to be mapped correctly on the' ' plans..:. the,limit of.IL-SF coir/d.be stibstantiallyupgradient of the boundary shown_. The limit of 1t5F. was. . ula#ed.using.hyd o)og+.c caiculations in accordance with .310 CMR 10:5.7 and-'is mapped correctly' on project site pians: These calculations were included with -the ,Ndi and..hade been reviewed by.the:NACC. and'their consultant-. While'there;is a spot elevati:on of 152-.9 feet within the 'LSF (which is-higher than 'LSF e(evation.152.2),'it is sir> ply-an isolated hig{ spot. Regardless. we.disagrese that.limit !LSF. could be `substanvally ;upgradierit' of the boundary.shown,. because existing topography lim.its.the extent:In' -which water.cah be contained within the depression before.ii outlets:.:Furthermore,. the, .,applicant conservatively maintains, a 50-foot No- Disturbance Zone and 7S=fo6t No-Coin.structidn..Zorie:from the edge of .this resource The NOI should provide information on which statutory interests are being created by the.replacement.wetland.area.� This'information is necessary. to successfully:rrnonitor the replacement area. The NACC and their,consultants are satisfied with the proposed wetla.nd replacement plan.and•if is'anticipated. that an''Order:of Conditions will .be issued later this:mpnth approving-the project,as proposed_' Us/zU/ZUU1 1K:46 FAI 974697UU99 EPSILON 10006 5 The wetland:consvuction.should be overseerr by.a qualified+wetland scien.tis( Agreed' This is a standard con;d'ition which will be made part of the Order of Conditions issued.by the.NACC. A planting plan should be provided.in the•N01.plans .that specifies planting cells or . clusters.that can be used by the scientist-overseeing the wetland construction. The NACC and their,Consultants are satisfied withthe p`oposed wetfanel replacement plan• and'it is:antic.ipated that an'Order:of Conditions will be' issued..later this month - approving.thee project as.proposed. "Organicsbil"onpage23.of-the N0l'.sh6u1dbe defined for use by the contractor_ . Agreed: This is a standard condition which,will be made part of the Order of Conditions issued by the NACC:. Since 2:1 mitigation is proposedR half the replacement, wetland could•be.phinted with shrub species;` and' half could be. •planted wlih. tree species, which may provide enhanced wildlife value by increasing habitat diversity. ThE NACC and. their.ccinsWltanis are•satisfied with .the proposed wetland.replacem'erit plan and .it.is anticipated.that an:.Order�of Conditions:.will be issued i:ater this month approving the project as proposed_•... Existing wetland elevations at the road:crossing are.not shouvn-consistently (144.2 feet. and 1.44:4 feet). . Discrepancies in the elevations have.tieen corrected on the..revised.plans_ With-no spot elevations into the'existing.wetland.adjacent to the replacement area, it is 'unclear whether. the proposed grades..in .the •replacement area will provid4.... appropriate hydrology for the proposes(replacement 4rea ..: it is.pvssible,that.grading� the bottom elevation°of theproposed wetland will:create a ponded area".that will not supportproposed:shrub plantings: ?he. Order of Conditions witl require that.a.qua{if ed. wedarid :$601 List be on-cite to supervise. construction of the, wetland replacement area 'and• verify, th,t appropriate hydro{ogy is present- The': NACC:(through.'thei*r:Agen0. will per' it the Supervising wetland scientist to modify the gradingand/or:planting scheme as her or she see..fits based on actual:fieldcoriditions atthe time of construction. �hSIl7�t �°M „� VJ/LUFGVU: 10:4( rAA U76507UUNU EPSILON 0 007 16 Information from: Pit 2!was unavailable to ceview; and if is. therefore:difficult.to. assess.whether appropriate hydrology wiH be achieved. lnfbrnl'a.tioh on Test Pit 2 was.provided-o6- #41: .Vile have forwa,ded a opy:of t}i:is tetter to VH:B..via•facs.iniil.e,and ove..rni ht-ittaii-' if you have any questio s p ase d..v not hesitate to contact me at-.t978):450-7147: Sinter ich'ae D. and:' Se'nior:Scienti. .... cc Mr.Scott Masse, NACC.Chairinan Mr:Tour 7.ahoruika,:Mekt nghduse Commons, CLC Mr:Tirimothy McIntosh, VHB,.INC.. Mr:Chris Huntress;Hundess Associates EPSlL0NASSG0ATEFfX.0 d ' EngMeen wl ErwkenmenteCConsvltan . 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 f Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 ewey www.bowditch.com A T T O R N E Y S Bowditch&Dewey, LLP March 18, 2002 VIA FEDERAL EXPRESS Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Attn: Mich Re: Meetinghouse Commons—Comprehensive Permit Application Dear Board Members: In accordance with the Board's request at the last hearing on March 12, 2002, I enclose twelve (12) copies of the most recent version of the proposed Comprehensive Permit Conditions and List of Exemptions. We are providing multiple copies of these documents well in advance of the next public hearing on April 9, 2002 in order to provide you with ample opportunity to review and comment on the enclosures. Thank you for your attention to this matter. Very truly yours, w�F � � !tri L. Levey BCL/gpk Enclosure cc: Thomas a 1 (via Federal Express) l�z a Zoog BCir1RD OF APPEALS (J:\CLIENTS\lit\301660\0001\F0206310.DOC;1) Worcester Office: 311 Main Street,P.O.Box 15156•Worcester,MA 01615-0156•Telephone:(508)791-3511 •Facsimile:(508)756-7636 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 &Dewey www.bowditch.com A T T O R N E Y S Bowditch&Dewey, LLP March 18, 2002 VIA FEDERAL EXPRESS Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Attn: Mich I Re: Meetinghouse Commons—Comprehensive Permit Application Dear Board Members: I In accordance with the Board's request at the last hearing on March 12, 2002, I enclose twelve (12) copies of the most recent version of the proposed Comprehensive Permit Conditions and List of Exemptions. We are providing multiple copies of these documents well in advance of the next public hearing on April 9, 2002 in order to provide you with ample opportunity to review and comment on the enclosures. Thank you for your attention to this matter. Very t ly yours, /� fes/ rl . Levey BCL/gpk Enclosure cc: Thomas iko (via Federal Express) a D e.t . 9 2002 SUARD OF APPEALS {J:\CLIENTS\lit\301660\0001\F0206310.DOC;1) Worcester Office: 311 Main Street,P.O.Box 15156•Worcester,MA 01615-0156•Telephone:(508)791-3511 •Facsimile:(508)756-7636 To DAT TI DC7 P FROM - AM PM 1 Jf C} PHONE �7 O OF CELL N FAX E M s E A M G E E-MAIL ADDRESS PHONED❑ CALL ❑ RETURNED❑ EEY_O ❑WANTS TO WILL CALL SIGNED .0 ❑ WAS IN URGENT❑ FAX TRANSMISSION TO: er� �r Foy) FAX NUMBER: % ' 6 q / - 6 33,3 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: � - )4 - 0-)- SUBJECT: -)-SUBJECT: �e 2 Cr ert�5 NUMBER OF PAGES: .� REMARKS: t RECEIVED JOYCE BRADSHAW TOWN CLERK Meetinghouse Commons NORTH ANDOVER Comprehensive Permit Conditions 1001 BAR I q P 2: 5 I The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the "Board") and referenced below(the"Plans"). 2. The Plans are as follows: Plans Entitled: Preliminary Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North,Andover,MA Sheets 1- 45 Prepared for: Meeting House Commons, LLC 185 Hickory Hill Road North Andover,MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover,MA 01810; MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard,MA 01754 Original Date: An July 20, 2001 Revision dates: February 14, 2002 3. - The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of leet 3A) showing the lot for the Project. MAR 19 2002 BOARD OF APPEALS {J:\CLI ENTSMit\301660\0001 T0199597.DOC;5} 4. The project shall consist of eighty-eight(88)units, a community center building in accordance with the Plans (the"Project"). Twenty-five percent (25%) of the eighty-eight(88) units or twenty-two (22)units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight(48)residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction, Meeting House Commons, LLC (MHC) shall cause a document be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to access utilities in the portion of South Bradford Street south of the Project. 2 (J ACLIENTSU it\301660\0001\F0199597.DOC;5) i Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development(the"Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall i mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law,but in no event less than ninety-nine(99)years. Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of 3 {JACLIENTSViA301660\0001TO199597.DOC;5} i its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider i a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston (FHLBB)by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the i Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project as defined by applicable regulations. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units (the"Buyer Selection Rules"). The Buyer Selection Rules shall provide that all 4 {JACLIENTSUiA301660\0001\F0199597.DOC;5} i affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development(DHCD)regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided,however, that in no case shall local preference be granted for more than seventy percent(70%)of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. 5 {J ACLIENTSMiA301660\0001\F0199597.DOC;S} Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the"Condominium Documents")which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant"); provided, however,that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the "Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town 6 {J:\CLIENTSVit\301660\0001\F0199597.DOC;5} Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s)that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6) months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; £ A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. Leasing or renting of the affordable units shall be prohibited except as otherwise provided by the Regulatory Agreement and any Deed Rider for an individual unit. 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including,but not limited to, vehicles for the purpose of delivery or moving, construction,repair or maintenance,public or private transportation, or those vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent(s)of the Condominium Trust. 7 {J:\CLIENTS\1it\301660\0001\F0199597.DOC;5) 25. MHC will be responsible for the snow removal, trash removal, rubbish removal,recyclable materials removal,road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 8 {JACLIENTSMA\301660\0001\F0199597.DOC;5} r 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west(representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 9 {JACLIENTSUit\301660\0001\F0199597.DOC;5 j 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street. 37. At least three(3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project,MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three(3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 10 {J:\CLIENTS\Iit\301660\0001\F0199597.DOC;5} r 42. Prior to the commencement of construction,MHC will post a bond or security in the amount of$250,000.00 with the Town of North Andover, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. Fire Protection 43. All buildings will be equipped with a sprinkler system in accordance with all state codes including Fire(NFPA 13D) and Building Code regulations. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision)which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction, MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability,umbrella coverage, and Workmen's Compensation to the Building Commissioner. . 11 {J:\CLIENTSVit\301660\0001\F0199597.DOC;5} 49. Prior to obtaining a building permit,MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty(60) days of said submission. 50. Prior to obtaining a building permit, MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules,regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC will file a Notice of Intent under the 310 CMR 10.00,the Wetlands Protection Act Regulations,with the Conservation Commission. The Notice of Intent will include evidence of compliance with Massachusetts Department of Environmental Protection(DEP) Stormwater Management Policy. 12 {J ACLIENTSMiA301660\0001\F0199597.DOC;5} 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times,MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. . The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof,not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision andh t e foregoing conditions apply to MHC and its successors and assigns. 13 {J:\CLIENTS\1it\301660\0001\F0199597.DOC;5} p Exhibit 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23,.of the General Laws of the Commonwealth of Massachusetts, Meetinghouse Commons, LLC seeks exemptions from or waiver of all local by-laws, rules, regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Wetlands Notice of Intent Bylaw and Regulations. issued in accordance with shall be filed with the Town of North Andover North Andover Wetlands Protection Bylaw Conservation Commission and Wetlands Protection under the State Wetlands Regulations Protection Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning_B.,, Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8,Acts of 1975, Massachusetts,which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house {J:\CLIENTS\rea\301660\000]\F0200049.DOC;4} 1 0 Summary of Use (containing an exercise Regulations, table attached area, conference meeting ("Use Table"). rooms, kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.4 Accessory Uses Allowed Accessory uses must be on All accessory uses to serve the same lot with the buildings or dwellings not building of the owner or otherwise allowable in the occupant. R-1 district. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain),regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §5 Earth Materials Removal Miscellaneous soil removal Complete exemption permit issued by building requested. inspector, or permit issued by Zoning Board of Appeals (Sections 5.5 through 5.9). §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a {J ACLIENTSVea\301660\0001\F0200049.DOC;41 2 t the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table'). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling Approximately three (3) §8.1.2 Uses and Minimum Spaces unit. garage or exterior spaces Required For Off-street Parking per dwelling unit. §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption {J:\CLIENTS\rea\301660\0001\F0200049.DOC;4} 3 Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. III. North Andover Subdivision Rules and Regulations Local Regulation Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover,Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Code of the Town of North Andover,Massachusetts (North Andover General By-Laws) Local Regulation Required Proposed Chapter 69-2 Alarm Installation and Payment of fees relating to All fees capped at Permit Requirements; Chapter 77, Fire Alarm Permit, $5,000.00. §77-1 Building Permit Fees; Chapter Building Permit, 154 Sewer Connection Permit, Department of Public Water Connection Permit; §161-3 Works Permit; regulations Street Excavation Permit; §161-4 pertaining to street Driveway Permit; § 173-2 excavations, driveway Determination of Number of access and handicapped (Handicapped Parking) Spaces parking space calculations regulations pertaining to water main taps, service connection sizes and installation regulations; fee schedule for plumbing installation; fee schedule {J:\CLIENTS\rea\301660\0001\F0200049.DOC;4} 4 for electrical installations; fee schedule for LP & Gas installations. VI. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Conditions. VII. Miscellaneous To the extent that an exception is not listed above and the project is at variance with a local requirement, the Applicant shall be deemed to have requested, and the Board shall be deemed to have granted, such exception. i {]:\CLIENTS\rea\301660\0001\F0200049.DOC;41 5 TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School. Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes {J:\CLIENTS\rea\301660\0001\F0200049.DOC;41 6 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Rear Set-Back Min. (fl) 30 S Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A {JACLIENTS\rea\301660\0001\F0200049.DOC;4} 7 FedEx I Ship Manager 1 Labe17903 4755 1145 Page 1 of 2 From:BRIAN C LEVEV(508)879-5700 REVENUE BARCODE BOWDITCH&DEWEV,LLP 161 WORCESTER ROAD SUITE 600 ° FRAMINGHAM,MA,01701 To: Town of North Andover (508)879-3700 Zoning Board of Appeals SHIP DATE: 16MAR02 27 Charles Street WEIGHT: 2 LBS North Andover, MA, 01845 Ref:#301660.0001 (BCL) DELIVERY ADDRE556AR000E(FEDER-EUR) FedEx PRIORITY OVERNIGHT TUE TRK # 7903 4755 1145 bawl B a S AA Deliver by: 01845—MA—US 19MAR02 01 BEDA Please fold this document in half and place it in the waybill pouch affixed to your shipment so that the barcode portion of the label can be read and scanned. ***WARNING:Use only the printed original label for shipping.Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges,along with the cancellation of your FedEx account number. Shipping Label '# �pe�tt C© ate Cavi s' VE ' it iT lortatao � 3 9 4 f 1. Use the 'Print"feature from your browser to send this page to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping label pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Shipment Details To print a copy of the shipment information for your records,please click"Shipment Details". 111 tl `E Ship a New Package Use of this system constitutes your agreement to the service conditions in the current FedEx service Guide,available upon request. FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, https://www.fedex.com/cgi-bin/unity?www47&gifs/45/11/7903_4755_1145 SZj aOPy.html 3/18/02 i M-E-M-O-R-A-N-D-U-M TO: Planning Board/Chairman Board of Selectmen/Chairman Conservation Commission/Chairman Board of Health/Chairman Department of Public Works Fire Chief Police Chief i FROM: Robert P. Ford, Acting Chairman Zoning Board of Appeals DATE: March 18, 2002 SUBJECT: Meetinghouse Commons at Smolak Farm - Final Evidence The Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm has been revised to reflect input given at public hearings and from Town of North Andover Departments and Boards in 2001. These revisions are available at the Zoning Board office, and include plan revisions as well as proposed Permit Conditions and a List of Exemptions, narrative transmittals from the Applicant, the Comprehensive Permit Application Review for Meetinghouse Commons by Vanasse Hangen Brustlin, Inc. (2002), the reply by Huntress Associates (2002), and the Traffic Impact &Access Study and Response to Comments by Dermot J. Kelly Associates, Inc. (2002). (1) I The Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals states that "In making its decision on the application, the Board shall take into account the recommendations of local boards or officials." The Board appreciates the preceding responses by the above Boards and Departments. Currently, the Public Hearing part of the process is coming to a closure and the Board would value written comments or agreements from all of the Boards and Departments as an integral part of the decision process. Thank you for your concern in this matter. Cc: Mark Rees/Town Manager Robert Nicetta/Building (2) �1 MEETINGHOUSE COMMONS LLC RECEIVED 185 Hickory Hill Road JOYCE BRADSHAW TOWN CLERK North Andover, MA 01845 NORTH ANDOVER 978-687-2635 fax 978-689-2310 1002 MAR 13 P 3: 35 March 13, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm Dear Zoning Board of Appeals: Per our hearing last night, attached are two revised plan sets, referenced in our response letter submitted on March 11, 2002, to the ZBA consultant(VHB). Let me know if you want me to continue to fold these plans as requested in the past, since the bulk of 45-50 pages does not fold cleanly. These plans have been delivered today to the ZBA consultant,VHB. Also attached are twelve copies of the relevant sections of our responses to the traffic review by VHB,which were referenced in our transmittal on March 11,2002. Furthermore,I will speak with members of my project design team to remind them that any documents(other than large plan sets otherwise agreed)should be submitted in sets of twelve. Atty. Brian Levy will forward twelve copies of the most recent draft version of the proposed Comprehensive Permit Conditions and List of Exemptions for your review by Tuesday, March 19,2002. Since we realize that there have been some changes in the Board over recent months,hopefully this will put all members on the same page regarding these documents. Also,I want to thank the Board for agreeing to request.that VHB respond to our responses to their review comments within two weeks(by March 26), so that we will have time to deal with any unresolved issues and submit final comments at least a week before the next hearing date of April 9,2002. We look forward to any comments from the Board prior to that next hearing, so that we can respond in reasonable time,and hopefully,close the hearings at that time. Currently,as mentioned in correspondence submitted prior to the last two hearings in January and February,there are no concerns from any other Town Boards or Departments which have not been answered. Please contact me with any questions or concerns. Sincerely NDmas D.Zahoruiko, Manager MAR 1 3 2002 eet n house Commons LLC BOARD OF APPEALS RECEIVED TRAFFIC IMPACT & ACCESS STUDY JOYCE UK A: TOWN CLERK and and NORTH ANDOVER RESPONSE TO COMMENTS ?601 MAR 13 P 3: 3b Proposed Residential Development p t Project Dale Street North Andover, Massachusetts Proponent Meetinghouse Commons, LLC March 2002 prepared by Dermot J. Kelly Associates, Inc. �OF Traffic Engineering/Transportation Planning I 280 Main Street,Suite 204 aQ , North Reading,MA 01864 et 978-664-2205 FAX:978.664-2444 548-Rpt i; I, I RESPONSE TO COMMENTS II i RESPONSE TO COMMENTS COMMENT NO. 1 TRAFFIC REVIEW VHB has performed a review of the Traffic Impact Study — Proposed Residential Development for a proposed eighty-eight unit residential subdivision to be called Meetinghouse Commons at Smolak Farms located off of Dale Street in North Andover, Massachusetts. Dermot J. Kelly Associates, Inc. (DJK) submitted the traffic impact study. VI IV reviewed the entire report for safety issues, access and egress issues, and reviewed technical calculations and findings presented in the report. In general, the report has been prepared in a professional manner and conforms to traffic engineering industry standards. RESPONSE No additional response necessary. COMMENT NO. 2 PROPOSAL The description of the project notes the 88 units of over-55 housing. However, a review of the site plan noted that there is a Community Meeting House on the site. What types of activities might take place in this facility? Are the 7 parking spaces shown adjacent to the building adequate to support these activities? 21 546—RPT2 Copyright®2002 by DJK. All rights reserved. I RESPONSE The Community Meeting House will provide an ancillary support function for the elderly residents located on site. The 6 parking spaces adjacent to the building are adequate to support the anticipated use of the facility. COMMENT NO. 3 Study Area — It appears that the study arca includes the site driveways as well as the intersection to the cast. How was the study area selected? Was the study area discussed/confirmed with the Town of North Andover prior to preparation of the study? RESPONSE The study area was informally discussed with the Town during the initial preparation of the Traffic Impact & Access Study. The study area was selected to provide background information, which is above and beyond what would normally have been presented based on the small amount of traffic generation and the low level of existing traffic on the roadways and intersections in the immediate area of the project. COMMENT NO. 4 Existing Conditions DJK performed a thorough evaluation of the existing conditions in the vicinity of the project site. Vehicle Speeds and Sight Distance — VHB visited the area to gain an understanding of the existing roadway configuration. During our site visit, VHB noted that maximum speeds along certain areas along Dale Road slightly exceeded 30 and 40 mph. For the purposes of calculating driveway sight distance requirements, VHB recommends that the 40 mph speed be utilized. Given that this is an elderly housing facility where perception and reaction times for some of the residents might be slower than the general population, some conservative calculations — such as using a 45 mph speed — would also be helpful in assuming that the sight distance calculations are adequate and conservative. RESPONSE The above comment is self-conflicting. Elderly residents with slower reaction times would tend to drive slower, not faster. Furthermore, studies have shown average/medium reaction times varied between 0.64 seconds and 0.66 seconds. The American Association of State Highway and Transportation Officials (AASHTO) Manual uses a brake reaction time of 2.5 seconds in determining Stopping Sight Distance. The AASHTO Manualalso states "a 2.5 second brake reaction time for stopping sight situations encompasses the capabilities of most drivers, including those older drivers." Notwithstanding the above, the TIAS states that there is +400' of sight distance and AASHTO states that 360 feet are required for a design speed of 45 mph. Therefore, the SSD as presented is conservative and adequate for 45 mph. 22 546—RPT2 copyright 0 2002 by DJK. All rights reserved. COMMENT NO. 5 There arc two types of sight distance that relate to site driveway conditions. The first sight distance is Stopping Sight Distance (SSD). SSD is the minimum distance required for a driver to detect something in the roadway, react (apply the brake), and stop prior to hitting the obstacle. This would be the case of a driver along Dale Road seeing another driver pull out of the site driveway (without yielding to the traffic on the main road) and being able to stop prior to colliding with that vehicle. The second application of sight distance is called Intersection Sight Distance (ISD), which is the distance required for a driver pulling out of a sight driveway (from a stopped position) to detect a gap in the Dale Road traffic stream and be able to accelerate onto the roadway without causing drivers along Dale Road to slow down by any significant amount. The table below summarizes the required sight distance for given speeds. This information is based on tables and calculations presented in the AASHTO — Geometric Design of Highways and Streets 2001, 4"' Edition. Sight Distance Requirements based on 2001 AASIFF0 Handbook Design Speed SSD ISD(left turn) ISD(right turn) 35 mph 250 ft 390 ft 335 ft 40 mph 305 ft 445 ft 385 ft 45 mph 360 ft 500 ft 430 ft In the report, DJK measured the sight distances at all site drive locations, however, the ISD measurements were not provided. Furthermore, the SSD measurements presented in the report appear to be accurate (Assuming the vegetation trimming as recommended in the report are administered), but the measurements are based on the 1990 version of the AASHTO handbook. i RESPONSE The initial TIAS was completed in August 2001 and utilized the most current edition of the AASHTO manual. The 2001 AASHTO manual was distributed in December 2001. The available SSD at the proposed site drive exceeds the minimum required for a design speed of over 45 mph. Dale Street is posted at 35 mph. The proposed site drive exceeds the ISD for a design speed of over 35 mph. The proponent does not feel that the proposed site drive should provide 500 feet of ISD, which in this case would mean that an approaching vehicle traveling at 45 mph would not be required to reduce its speed by more than 70%. COMMENT NO. 6 Accident Information — It would be helpful from a reviewing standpoint to determine if any accident issues arc present in the vicinity of the site. Has the applicant gathered this information and, if so, what are the results? If not, we suggest that accident records along Dale Road and other study area locations be collected and presented to highlight that there are no pre-existing safety issues that might be exacerbated by the additional traffic to be generated by the proposed project. 23 54&—RPT2 Copyright 0 2002 by DJK. All rights reserved. i RESPONSE The Massachusetts Highway Department accident records were researched to determine if any accidents were reported to have occurred at the intersection of Dale Street and South Bradford Street. Over a three-year period, 2000 through 1998, one accident was reported. That accident occurred on January 21, 2000 at 8:00 PM and it involved a single vehicle under snowy road surface conditions. The vehicle was reported to have hit a utility pole and it involved property damage only, no personal injuries. COMMENT NO. 7 FUTURE CONDITIONS Traffic Generation — VHB commends the applic:int for utilizing the higher traffic generation rates based on empirical data. Over time, the ITE data presented in Trip Generation has been determined to be historically lower than actual traffic generation rates. The volumes used in the preparation of the report are, therefore, acceptable. RESPONSE No additional response necessary. COMMENT NO. 8 Trip Distribution — The traffic generated for the development was distributed onto the area roadways based on observed traffic patterns. While VHB might have selected a slightly different distribution pattern, the basis behind DJK's analysis is valid. Therefore, there is no significant issue with the Trip Distribution patterns selected for this project. ,I RESPONSE No additional response necessary. COMMENT NO. 9 Mitigation and Recommendations(from the Executive Summary) It appears that off-site mitigation measures have not been proposed in the DJK report because the project's impacts do not cause any study area intersections to drop from an acceptable level of service to a deficient level of service. Although the project is relatively minor with respect to the area traffic volumes in general, the additional traffic to be generated by the proposed project,will only serve to increase traffic in the area. The developer should continue to work with the Town to develop a mitigation package that considers a"fair share"contribution to any roadway improvements being considered in the vicinity of the project. 24 546—RPT2 Copyright 0212 by DJK. All rights reserved. RESPONSE The developer has provided 25% of the entire project as affordable. This represents a significant "fair share" contribution towards the Town's needs for affordable housing. No additional fair share contribution has been requested, or is expected at this time. COMMENT NO. Also, just to clarify, the site drive is described as being 24-feet wide, with one 12-foot wide lane for entering traffic, and two 12-foot wide lanes for left-turning and right-turning exiting traffic. Please confirm that the site driveway will either have a 24-foot wide curb opening or a 36-foot wide curb opening. Please make sure this is shown on the site plans. RESPONSE The proposed site drive is 24 feet wide with two 15-foot corner radii. COMMENT NO. 11 Conclusions VHB has reviewed the traffic impacts study,prepared by DJK,for the 92-unit over-55 community known as Meeting House Commons at Smolak Farms. The traffic study has adequately evaluated the impacts of the proposed development with the exception of those issues noted above. In summary, the issues outstanding include: • Clarify the use of the Community Meeting House as well as the adequacy of the proposed 7 parking spaces to support those uses. • Review the stopping sight distance calculations with respect to the updated AASHTO 2000 handbook and present a 45-mile per hour calculation. • Review and present intersection sight distance calculations. • Present accident information for study area roadways and intersections to assure the town that there is no pre-existing safety issue. • Consider providing a "fair-share" contribution towards addressing general area traffic issues. The developer should work with the Town to determine this amount that is consistent with other similar agreements between the Town and other developers. RESPONSE All of the above issues have been addressed in this Response to Comments. COMMENT NO. 13 Furthermore, a professional traffic engineer certified to practice traffic/civil engineering g in the Commonwealth of Massachusetts should stamp the final traffic report. 546—RPT2 25 1 Copyright 0 2002 by DJK. All rights reserved. Y RESPONSE The Traffic Impact and Access Study and Response to Comments have been stamped on the title page of the report. COMMENT NO. 14 It is recommended that the applicant provide WRITTEN RESPONSES to the issues and comments contained herein. RESPONSE This report is the proponent's written response. 26 546—RPT2 Copyright 0 2002 by DJK. All rights reserved. RECEIVED JOYCEDRADSHAW MEETINGHOUSE COMMONS LLg W N C L E R K 185 Hickory Hill Road NORTH ANDOVER North Andover,MA 01845 978.687-2635 fax 978-689-2iaW MAR { 3 P 3: 3 U March 13, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 RE: Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm Dear Zoning Board of Appeals: Per our hearing last night,attached are two revised plan sets,referenced in our response letter submitted on March 11, 2002, to the ZBA consultant(VHB). Let me know if you want me to continue to fold these plans as requested in the past, since the bulk of 45-50 pages does not fold cleanly. These plans have been delivered today to the ZBA consultant,VHB. Also attached are twelve copies of the relevant sections of our responses to the traffic review by VHB,which were referenced in our transmittal on March 11,2002. Furthermore, I will speak with members of my project design team to remind them that any documents(other than large plan sets otherwise agreed)should be submitted in sets of twelve. Atty. Brian Levy will forward twelve copies of the most recent draft version of the proposed Comprehensive Permit Conditions and List of Exemptions for your review by Tuesday,March 19, 2002. Since we realize that there have been some changes in the Board over recent months,hopefully this will put all members on the same page regarding these documents. Also,I want to thank the Board for agreeing to request that VHB respond to our responses to their review comments within two weeks (by March 26), so that we will have time to deal with any unresolved issues and submit final comments at least a week before the next hearing date of April 9, 2002. We look forward to any comments from the Board prior to that next hearing, so that we can respond in reasonable time,and hopefully,close the hearings at that time. Currently, as mentioned in correspondence submitted prior to the last two hearings in January and February,there are no concerns from any other Town Boards or Departments which have not been answered. Please contact me with any questions or concerns. Sincerely Dmas D. Zahoruiko, Manager LU�2 cetinghouse Commons LLC BOARD OF APPEALS Q dRECEIV-D T RAFFIC IMPACT & ACCESS ftORKSHAW Y and NORTH ANDOVER RESPONSE TO COMMgyT Ig 13 P 3: 5 d Proposed Residential Development p nt Project Dale Street North Andover, Massachusetts II Proponent Meetinghouse Commons, LLC March 2002 prepared by Dermot J. Kelly Associates, Inc. Traffic Engineering/TransportationQ�'y Planning I 280 Main Street,Suite 204 North Reading,MA 01864 E 978-6642205 FAX: 978-664-2444 s y I r i 548-Rpt i' I: 6 �_ I > RESPONSE TO COMMENTS RESPONSE TO COMMENTS COMMENT NO. 1 TRAFFIC REVIEW VHB has performed a review of the Traffic Impact Study — Proposed Residential Development for a proposed eighty-eight unit residential subdivision to be called Meetinghouse Commons at Smolak Farms located off of Dale Street in North Andover, Massachusetts. Dermot J. Kelly Associates, Inc. (DJK) submitted the traffic impact study. VIIV reviewed the entire report for safety issues, access and egress issues, and reviewed technical calculations and findings presented in the report. In general, the report has been prepared in a professional manner and conforms to traffic engineering industry standards. RESPONSE No additional response necessary. COMMENT NO. 2 PROPOSAL The description of the project notes the 88 units of over-55 housing. However, a review of the site plan noted that there is a Community Meeting House on the site. What types of activities might take place in this facility'? Arc the 7 parking spaces shown adjacent to the building adequate to support these activities? 21 546—RPT2 Copyright®2002 by DJK. All rights reserved. l I ' i I N RESPONSE The Community Meeting House will provide an ancillary support function for the elderly residents located on site. The 6 parking spaces adjacent to the building are adequate to support the anticipated use of the facility. COMMENT NO. 3 Study Arca — It appears that the study area includes the site driveways as well as the intersection to the cast. How was the study area selected? Was the study area discussed/confirmed with the Town of North Andover prior to preparation of the study'? RESPONSE The study area was informally discussed with the Town during the initial preparation of the Traffic Impact & Access Study. The study area was selected to provide background information, which is above and beyond what would normally have been presented based on the small amount. of traffic generation and the low level of existing traffic on the roadways and intersections in the immediate area of the project. COMMENT NO. 4 Existing Conditions DJK performed a thorough evaluation of the existing conditions in the vicinity of the project site. Vehicle Speeds and Sight Distance — VHB visited the area to gain an understanding of the existing roadway configuration. During our site visit, VHB noted that maximum speeds along certain areas along Dale Road slightly exceeded 30 and 40 mph. For the purposes of calculating driveway sight distance requirements, VHB recommends that the 40 mph speed be utilized. Given that this is an elderly housing facility where perception and reaction times for some of the residents might be slower than the general population, some conservative calculations — such as using a 45 mph speed — would also be helpful in assuming that the sight distance calculations are adequate and conservative. RESPONSE The above comment is self-conflicting. Elderly residents with slower reaction times would tend to drive slower, not faster. Furthermore, studies have shown average/medium reaction times varied between 0.64 seconds and 0.66 seconds. The American Association of State Highway and Transportation Officials (AASHTO) Manual uses a brake reaction time of 2.5 seconds in determining Stopping Sight Distance. The AASHTO Manualalso states "a 2.5 second brake reaction time for stopping sight situations encompasses the capabilities of most drivers, including those older drivers." Notwithstanding the above, the TIAS states that there is +400' of sight distance and AASHTO states that 360 feet are required for a design speed of 45 mph. Therefore, the SSD as presented is conservative and adequate for 45 mph. 22 546—RPT2 Copyright 0 2002 by DJK. All rights reserved. v I COMMENT NO. 5 "there are two types of sight distance that relate to site driveway conditions. The first sight distance is Stopping Sight Distance (SSD). SSD is the mininuun distance required for a driver to detect something in the roadway, react (apply the brake), and stop prior to hitting the obstacle. This would be the case of a driver along Dale Road seeing another driver pull out of the site driveway (without yielding to the traffic on the main road) and being able to stop prior to colliding with that vehicle. The second application of sight distance is called Intersection Sight Distance (ISD), which is the distance required for a driver pulling out of a sight driveway (from a stopped position) to detect a gap in the Dale Road traffic stream and be able to accelerate onto the roadway without causing drivers along Dale Road to slow down by any significant amount. The table below summarizes the required sight distance for given speeds. This information is based on h tables and calculations presented in the AASHTO — Geometric Design of Highways and Streets 2001, 4` Edition. Sight Distance Requirements based on 2001 AASHTO Handbook Design Speed SSD ISD(left turn) ISD(right turn) 35 mph 250 ft 390 ft 335 ft 40 mph 305 ft 445 ft 385 ft 45 mph 360 ft 500 ft 430 ft In the report, DJK measured the sight distances at all site drive locations, however, the ISD measurements were not provided. Furthermore, the SSD measurements presented in the report appear to be accurate (Assuming the vegetation trimming as recommended in the report are administered), but the measurements are based on the 1990 version of the AASHTO handbook. d RESPONSE ■ The initial TIAS was completed in August 2001 and utilized the most current edition of the AASHTO manual. The 2001 AASHTO manual was distributed in December 2001. The available SSD at the proposed site drive exceeds the minimum required for a design speed of over 45 mph. Dale Street is posted at 35 mph. The proposed site drive exceeds the ISD for a design speed of over 35 mph. The proponent does not feel that the proposed site drive should provide 500 feet of ISD, which in this case would mean that an approaching vehicle traveling at 45 mph would not be required to reduce its speed by more than 70%. COMMENT NO. 6 Accident Information — It would be helpful from a reviewing standpoint to determine if any accident issues are present in the vicinity of the site. Has the applicant gathered this information and, if so, what are the results? If not, we suggest that accident records along Dale Road and other study area locations be collected and presented to highlight that there are no pre-existing safety issues that might be exacerbated by the additional traffic to be generated by the proposed project. 23 546—RPT2 Copyright 0 2002 by DJK. All rights reserved. RESPONSE The Massachusetts Highway Department accident records were researched to determine if any accidents were reported to have occurred at the intersection of Dale Street and South Bradford Street. Over a three-year period, 2000 through 1998, one accident was reported. That accident occurred on January 21, 2000 at 8:00 PM and it involved a single vehicle under snowy road surface conditions. The vehicle was reported to have hit a utility pole and it involved property damage only, no personal injuries. COMMENT NO. 7 FurURE CONDI'T'IONS 'Traffic Generation — VHB commends the applicant for utilizing the higher traflic generation rates based on empirical data. Over time, the ITE data presented in Trip Generation has been determined to be historically lower than actual traffic generation rates. The volumes used in the preparation of the report are, therefore, acceptable. RESPONSE No additional response necessary. COMMENT NO. 8 Trip Distribution — The traffic generated for the development was distributed onto the area roadways based on observed traffic patterns. While VHB might have selected a slightly different distribution pattern, the basis behind DJK's analysis is valid. Therefore, there is no significant issue with the Trip Distribution patterns selected for this project. RESPONSE No additional response necessary. COMMENT NO. 9 Mitigation and Recommendations(from the Executive Summary) It appears that off-site mitigation measures have not been proposed in the DJK report because the project's impacts do not cause any study area intersections to drop from an acceptable level of service to a deficient level of service. Although the project is relatively minor with respect to the area traffic volumes in general, the additional traffic to be generated by the proposed project will only serve to increase traffic in the area. The developer should continue to work with the Town to develop a mitigation package that considers a"fair share"contribution to any roadway improvements being considered in the vicinity of the project. 24 546—RPT2 Copyright®2002 by DJK. All rights reserved. www . RESPONSE r The developer has provided 25% of the entire project as affordable. This represents a significant "fair share" contribution towards the Town's needs for affordable housing. No additional fair share contribution has been requested, or is expected at this time. COMMENT NO. 10 Also, just to clarify, the site drive is described as being 24-feet wide, with one 12-foot wide lane for entering traffic, and two I2-fool wide lanes for left-turning and right-turning exiting traffic. Please confirm that the site driveway will either have a 24-foot wide curb opening or a 36-foot wide curb opening. Please make sure this is shown on the site plans. RESPONSE The proposed site drive is 24 feet wide with two 15-foot corner radii. COMMENT NO. 11 Conclusions VHB has reviewed the traffic impacts study,prepared by DJK,for the 92-unit over-55 community known as Meeting House Commons at Smolak Farms. The traffic study has adequately evaluated the impacts of the proposed development with the exception of those issues noted above. In summary, the issues outstanding include: • Clarify the use of the Community Meeting House as well as the adequacy of the proposed 7 parking spaces to support those uses. • Review the stopping sight distance calculations with respect to the updated AASHTO 2000 handbook and present a 45-mile per hour calculation. • Review and present intersection sight distance calculations. • Present accident information for study area roadways and intersections to assure the town that there is no pre-existing safety issue. • Consider providing a "fair-share" contribution towards addressing general area traffic issues. The developer should work with the Town to determine this amount that is consistent with other similar agreements between the Town and other developers. RESPONSE All of the above issues have been addressed in this Response to Comments. COMMENT NO. 13 Furthermore, a professional traffic engineer certified to practice traffic/civil engineering in the Commonwealth of Massachusetts should stamp the final traffic report. 548—RPT2 25 1 Copyright 0 2002 by DJK. All rights reserved. RESPONSE The Traffic Impact and Access Study and Response to Comments have been stamped on the title page of the report. COMMENT NO. 14 It is recommended that the applicant provide WRITTEN RESPONSES to the issues and comments contained herein. i RESPONSE This report is the proponent's written response. i 26 546—RPT2 Copyright 0 2002 by DJK. All rights reserved. i - i 5 - � �. �� 0 Town of North AndoverNORTH Of tea° a'�ti Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director �ca 27 Charles Street �sSusssh D. Robert Nicetta North Andover, Massachusetts 01845 Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: l STREET: -Der - Sdw-IUI TOWN: A C 44 MEETING DATE(S): NAME OF PETITIONER: ✓Y2.f v�C' Signed: ITIONER (or Petitioner's Representative) Waivetimeconl2/01 1. 1 5 2002 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS `1 Town of North Andover , NORTH Office of the Zoning Board of Appeals F? °p Community Development and Services Division Heidi Griffin Division Director - -�• '' ' 27 Charles Street ass^CHusE�� D. Robert Nicetta P ( )978 North Andover, Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax (978)688-9542 FAX TRANSMISSION T0: 2:6A to Cz. RVILds. SII ti FAX NUMBER:—1-7 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: I-' I L ` D a SUBJECT: Cpn-L V, LX Ih C W1Q-zQ ±' V�96-4q- 4 n L NUMBER OF PAGES: REMARKS: BO.=ARD Or.4PPE.A-LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 124 Main St Nath Andover,MA 01845 North Andover Chiers Office 978688-9593 Department Fax 978-688-9594 Department Chief email address- wdolan@TownofNorthAndover.0om Memo '4", 1 1 2001 U BOARD OF APPEALS TO: Walter F.Soule,Acting Chairman Aw. William V.Dolan, Fire Chief CQ Lt.Andrew Melnikas,Thomas Zahoruiko Dar'ee 01/03/2002 Ree Meetinghouse Commons at Smolak Farm I have met with the applicant several times to discuss the proposed project and fire protection issues. Lt. Melnikas has likewise reviewed the plans for the project and provided input to the developer, Mr. Zahoruiko. Response time issues have been addressed to our satisfaction and the access to dwelling units for fire department vehicles has been provided. All of the units will have fire sprinkler systems installed, which provided immediate response and suppression should a fire occur. The fire department has no objections to the plans as cunw* revised for the construction of this comprehensive permit. If there are any specific questions you may have for us regarding fire protection issues please let me know. William V. Dolan Fire Chief 1 i i Town of North Andover °E Ao RTF , Office of the Zoning Board of Appeals 0? Community Development and Services Division r Heidi Griffin, Division Director °° °��--•• ' ' 27 Charles Street CHU North Andover,Massachusetts 01845 Telephone(978)688-9541 D. Robert Nicetta Building Commissioner Fax(978)688-9542 M-E-M-O-R-A-N-D-U-M TO: Planning Board/Chairman Board of Selectmen/Chairman_ Conservation Commission/Chairman Board of Health/Chairman Department of Public Works Fire Chief Police Chief FROM: Walter F. Soule, Acting Chairman Zoning Board of Appeals DATE: January 3, 2002 SUBJECT: Meetinghouse Commons at Smolak Farm The Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm has been revised to reflect input given at public hearings and from Town of North Andover Departments and Boards. These revisions are available at the Zoning Board office, and include plan revisions as well as proposed Permit Conditions and a List of Exemptions, along with narrative transmittals from the Applicant. The Zoning Board would appreciate hearing from every Department or Board regarding any comments or concerns for its consideration at least a week prior to the next hearing, which is scheduled for January 15, 2002. Please respond in writing about any concerns, even if non-existent; please respond anyhow! The Board would also like to know if the Department or Board has no problems concerning the Comprehensive Permit Application. Thank you for your concern in this matter. Cc: Mark Rees/Town Manager Robert NicettaBuilding BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i M-E-M-O-R-A-N-D-U-M TO: Planning Board/Chairman Board of Selectmen/Chairman Conservation Commission/Chairman Board of Health/Chairman Department of Public Works Fire Chief Police Chief FROM: Walter F. Soule, Acting Chairman Zoning Board of Appeals DATE: January 3, 2002 SUBJECT: Meetinghouse Commons at Smolak Farm The Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm has been revised to reflect input given at public hearings and from Town of North Andover Departments and Boards. These revisions are available at the Zoning Board office, and include plan revisions as well as proposed Permit Conditions and a List of Exemptions, along with narrative transmittals from the Applicant. The Zoning Board would appreciate hearing from every Department or Board regarding any comments or concerns for its consideration at least a week prior to the next hearing, which is scheduled for January 15, 2002. Please respond in writing about any concerns, even if non-existent; please respond anyhow! The Board would also like to know if the Department or Board has no problems concerning the Comprehensive Permit Application. Thank you for your concern in this matter. Cc: Mark Rees/Town Manager Robert NicettaBuilding I I s Discussion Draft 12/27/01 RESTRICTION Meetinghouse Commons,LLC, a Massachusetts limited liability company having a business address of 185 Hickory Hill Road, North Andover, Massachusetts 01845 ("Grantor"), acting by and through its Manager, Thomas D. Zahoruiko, does hereby state that Meetinghouse Commons, LLC is the owner of property described as approximately 30 acres of land located off Dale and South Bradford Streets in North Andover, Massachusetts, shown on Town of North Andover Assessors Map 104C as Lot 28 and a portion of Lot 31, together with any easements or other rights appurtenant thereto, all as more particularly shown as the "Project Parcel"on a plan (the "Site Plan') entitled "Plan of Land, Meetinghouse Commons at Smolak Farm, North Andover, Massachusetts, "dated and recorded with the Essex North Registry of Deeds on at Book , at Page [note that the exact title of the site plan as recorded will need to be inserted here when known] ("the Subject Property"). For title reference purposes only, see deed to Smolak Farm Realty Trust (Seller to Meetinghouse Commons, LLC)recorded with the Essex North Registry of Deeds in Book 6333, Page 359; see also deed recorded on November 4, 1980, in Book 1467, Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as a portion of Parcel 1, #9 as well as Parcel 2 in said Deed. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor for itself, its successors and assigns, hereby and with this document creates a restriction on the Subject Property as follows: A. A no-cut buffer zone, as more particularly described herein, shall be created in a one hundred forty(140)-foot wide area along the southerly lot line. The restricted area shall be that area shown as "140' Wide No Cut Buffer Zone"on Sheet , the "Site Layout Plan,"contained in those certain "Site Development Plans"for "Meetinghouse Commons at Smolak Farms, South Bradford Street, North Andover Massachusetts 01845"with Owner/Applicant:Meetinghouse Commons, LLC and prepared by MHF Design Consultants, Inc. of Salem, New Hampshire and dated July 20, 2001, with revisions through and recorded at Plan Book , Page in the Essex North Registry of Deeds [correct identification to be provided closer to time of recording of the Plan](the"Plan" and the"Restricted Area"). A photoreduced copy of the Plan is attached hereto as Exhibit 1. B. The Restricted Area and the land, trees and vegetation therein shall remain undisturbed in their natural state in perpetuity except for upkeep and maintenance in the ordinary course, including, but not limited to, removal of dead or diseased trees or of brush; provided, however, that this Drestriction shall in no way prevent Grantor from complying with all laws, APR 2 9 2002 BOARD OF APPEALS including but not limited to, local fire safety regulations. Notwithstanding anything to the contrary herein, Grantor shall retain the right to cut trees and vegetation or to disturb land in the Restricted Area as necessary to comply with applicable laws or legal orders, or for the purpose of providing utility access to the Subject Property. C. This restriction is for the benefit of property identified on the Town of North Andover Assessors Map 104C as Lot 161, owned by April Baldwin Foley, see Essex North Registry of Deeds, Book at Page , [we need confirmation of title ownership and exact deed reference] and shall run with the land and be enforceable by the above listed individual(s), either singly or jointly, and their(her) successors and assigns. WITNESS my hand and seal this day of 32002. Meetinghouse Commons, LLC Grantor By: Thomas D. Zahoruiko Its: Manager i COMMONWEALTH OF MASSACHUSETTS , ss. , 2002 Then personally appeared the above named Thomas D. Zahoruiko, Manager of Meetinghouse Commons, LLC, a Massachusetts limited liability company, and acknowledged the foregoing instrument to be his free act and deed, before me: Notary Public My commission expires: 'n MEETINGHOUSE COMMONS LLC RECEIVED 185 HickoryHill Road RADSHAW JOYCE B North Andover, MA 01845 TOWN CLERK 978-687-2635 fax 978-689-2310 NORTH ANDOVER December igQ'AA 2b P 12: 51 William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover O 27 Charles Street North Andover, MA 01845 DEC 2 6 2001 Dear Zoning Board of Appeals: BOARD OF APPEALS Enclosed find additional information in support of the Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm. The information includes responses to concerns or questions raised at the last public hearing and input from Departments and Boards of the Town of North Andover,and consists of this transmittal letter,revised plans, and revised proposed Permit Conditions,List of Exemptions, and Fiscal Impact Analysis. Revisions to the plans include,but are not limited to,updated layout in the core multi-unit buildings to enhance the aesthetic character and reduce the scale of the"barn"building, revision to the southern-most 6-unit roadway layout to minimize environmental impact, revised Dale Street intersection design to create perpendicular access, addition of a proposed sidewalk from the developed areas to the Dale Street intersection,the addition of a lotting Plan of Land and conceptual landscape/lighting plan,and notes regarding trail/pedestrian access to adjacent open space. Revisions to proposed Permit Conditions include the addition of condition 43 regarding trail access signage, as well as refinements to conditions numbered 39, 42, and 45 (previously numbered 44),as requested. The revisions include a unit count of(42)attached units,which represents (2)additional garden-style units;the total unit count proposed is(88). The original application proposed(93)units,which was changed to(86)units during a previous interim revision. This unit count reflects the changes to the core multi-unit building previously noted. This combination of revisions reflects the ongoing cooperative dialog which has allowed safety and public concerns to be successfully addressed. Meetinghouse Commons LLC is confident that we have now addressed any reasonable concerns which have been presented to us. We ask that the Board support the Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm,which revised plan proposes (88)total homes, 25%of which(22 homes)will be designated as affordable. Thank you for your assistance, support, and cooperation. Sincerely mas D.Zahoruiko,Manager eetinghouse Commons LLC DEC 2 D TOWN CLARK CRECEIVED LERK 6 2001 Meetinghouse Commons JOYCE AW BOARD OF APPEALS NORTH ANDOVERComprehensive Permit Conditions 7001 DEC 2b P 12: 52 The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the"Board") and referenced below (the"Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1- Prepared for: Meeting House Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810; M1-1F Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Original Date: July 20, 2001 Final Revision Date: 12001 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. 4. The project shall consist of eighty-eight(88)units, a community center building in accordance with the Plans(the"Project"). Twenty-five percent(25%) of the eighty-eight (88) units or twenty-two (22) units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight (48) residential buildings. The community center building will contain a maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. 6. The Project will have a total of parking spaces as shown on the Plans. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction, Meeting House Commons, LLC (1VMC) shall cause a document be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to access utilities in the portion of South Bradford Street south of the Project. Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. MHC shall submit to the Board a proposed form of Deed Rider to be attached to and recorded with the deed for each and every affordable unit in the Project at E the time of each sale and resale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law. 12. The Board shall have the right to approve the form of Deed Rider which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30) days after submission. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than thirty(30)years. Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. i 13. Prior to the sale of any units, the Board must have approved the form of the Deed Rider. f 14. MHC will comply with all the requirements of the New England Fund (NEF) as administered b the Federal Home Loan Bank of Boston FHLBB b and Y ( ) Y through the actual financing bank (Bank). 15. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project. 16. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30) days after submission. 17. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement. 18. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Department and MHC shall agree upon the rules for the selection of buyer of affordable units (the "Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD)regulations and guidelines, if any. The Buyer Selection • i Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; l provided, however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review and approve such fees and expenses in advance. 19. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 20. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Age Restriction 21. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the"Condominium Documents")which shall both include a provision to this effect. 22. At least eighty percent(80%) of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant"); provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction"). The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the "Housing Laws"). 23. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant in at least 80%of the occupied units. Prior to the issuance of any certificate of occupancy, provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30) days after submission. Condominium Matters 24. The Condominium Documents shall include a provision(s)that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six (6) months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Condominium Trust and the Rules and Regulations of the Condominium; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. Leasing or renting of the affordable units shall be prohibited except as otherwise provided by the Regulatory Agreement and any Deed Rider for an individual unit. 25. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including, but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private transportation, or those vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes. 26. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium. The Condominium Documents shall include a provision to this effect. Water and Sewer 27. The water line will be built in accordance with the Plans unless otherwise modified by mutual agreement of MHC and the North Andover Department of Public Works (DPW). 28. MHC will construct the water line at its own cost. 29. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty (30) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 30. The sewer line and sewer pump station will be built in accordance with the Plans unless otherwise modified by mutual agreement of MHC and the DPW. 31. MHC will construct the sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 32. MHC shall submit to the DPW drawings and specifications of the sewer he and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than thirty(30) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 33. All local sewer connection fees shall be waived. 34. MHC shall obtain all necessary easements for the off-site sewer line and pump station. Roads and Traffic Mitigation 35. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 36. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway(representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). 37. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 38. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street. 39. At least three(3)intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street. 40. Children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 41. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 42. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 43. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 44. Prior to the commencement of construction, MHC will post a bond with or provide other adequate security to with the Town of North Andover, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the water line, sewer line and sewer pump station. The amount of the bond shall be based on construction cost estimates provided by MHC. Fire Protection 45. All buildings will be equipped with a sprinkler system in accordance with Fire (NFPA 13D) and Building Code regulations. 46. There will be one master fire alarm box at the entrance to the property. 47. Fire hydrants will be installed in accordance with the Plans. 48. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters i 49. Prior to the commencement of construction, MHC shall furnish the Building I Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 50. Prior to the commencement of construction, MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 51. Prior to obtaining a building permit, MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within thirty (30) days of said submission. 52. Prior to each phase of the Project work, a report by a professional civil engineer accompanied by a certified as-built plans of the construction of the drainage improvements shall be submitted and accepted by the Building Commissioner prior to the issuance of a building permit for said phase. Approval shall not be withheld so long as the submission complies with standard engineering practices and, in such case, such approval shall be granted within thirty(30) days of said submission. Applicable Law and Enforcement 53. All waivers requested by MHC from all local bylaws, rules, regulations and codes are hereby granted and are set forth in the attached Exhibit 1. 54. The Project shall comply with all applicable state and federal laws, statutes and regulations including, but not limited to, the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 55. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 56. MHC will file a Notice of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations, with the Conservation Commission. The Notice of Intent will include evidence of compliance with Massachusetts Department of Environmental Protection(DEP) Stormwater Management Policy. 57. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 58. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 59. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. ' I Term and Lapse 60. This decision shall run with the land. 61. This decision shall be null and void in the event that MHC does not obtain a building permit for the Project within two years of the date hereof, not including such time required to pursue or await the determination of an appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or to pursue or await the determination of an appeal from the issuance of the Order of Conditions. 62. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 63. This decision and the foregoing conditions apply to MHC and its successors and assigns. 12/1 1 CH� 1�:r �A 500 014 VVll nun�ii�n a unrrca ti��- JEC 2 6 2001 BOMD OF APPEALS Exhibit 1 R E I V E D �Jl�l(YCE �RADSNAI! �� 1 MIN CLERK LIST OF EXEMPTIONS �� NORTH ANDOVER 0 As a part of its application for comprehensive permit wider Chapter 40B, P 12: 52 General haws of the Commonwealth of Massachusetts, Meetinghouse Commons,LLC seeks exemptions from or waiver of all local by-laws,rules,regulations,permits and approvals,set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Re ui¢ lation Required Under By--law Pronosed North Andover Wetlands Protection Local Wetlands Permit Wetlands Notice of Intent Bylaw and Regulations. issued in accordance with shall be filed with the Town of North Andover North Andover Wetlands Protgetion Bylaw Conservation Commission and Wetlands Protection under the State Wetlands Regulations Protection Act,M.G.L, c. 131,sec.40("Wetlands Act')and 310 CMR 10.00 ("Wetlands Regulations'). II. North Andover Zoning By-Law Local Regulation Re uire proposed Section 1: Purposes . Promotion of ealth, A waiver is requested from safety,convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover,as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 4013 of the Commonwealth of General Laws of the Massachusetts,as amended Commonwealth of by Chapter 8,Acts of 1975, Massachusetts,which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one famt y. land,buildings,or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot;a Residence 1 District. See I temporary sales center until {):%CttEN'r,S1rcal3ol660\0001\Fo200049.noc;2) ' I 12/13/01 THU 14:10 FAX 508 872 8017 dun'ui'r�n & lltntYI�oc Summary of Use the project units are sold; a Regulations,table attached permanent management ("Use Table"). office;a community meeting house (containing an exercise area, conference meeting rooms, kitchen and maintenance area). See Use Table, attached. §4.1.1,4 Accessory Uses Allowed Accessory uses must be on 911 accessory uses to serve the same lot with the buildings or dwellings not building of the owner or otherwise allowable in the occupant. R-1 district. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot,including two residential buildings (containing 42 residential units),46 detached dwellings,one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57(Zone A— 100 Year Floodplain);regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Build-out to proceed within law. reasonable time. §5 Earth Materials Removal Miscellaneous soil removal permit issued by building inspector,or permit issued by Zoning Board of Appeals(Sections 5.5 through 5.9). §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- (l:ICLIENTSWea1301660100011F0200049.DW;2) 2 12/13/01 THU 14:10 FAX 508 872 8017 yJV.. use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres,see Dimensional Requirements,table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown 7.1.2 § Lot Width; §7.1.3 requirements for R-1 . on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling spaces per §8.1.2 Uses and Minimum Spaces unlit dwelling unit. Required For Off-street Parking §8.1.3-12 Parking Various requirements 9' x 18,parking relative to sufficient spaces in locations shown quantity and sizes of on Plans. parking spaces and locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Build-out to proceed within of building permits to be reasonable time. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. (J:1CGIENTSkmaV016600001WO200049.DOC;2) 3 12/13/01 1Hl 14:10 FAX 50tl d/Z MU11 nunui inn IX VL"r" wjvu Ellnned DevelopmentDistricts Regulations for issuance of Build-out to proceed within Special Permits for reasonable time. construction of a planned ` development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. Ill. North Andover Subdivision Rules and Re ulations Local Re ulation Re wired Pro osed Town of North Andover, Regulations pertaining to Roa and utilities to be Massachusetts planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover,Massachusetts(November, 2000) IV. North Andover Board of-flea Regulation Local Regulation Re wired Pro osed Town of North Andover 'nimum Local Title V Regulations; Sewer line and sewer pump Requirements For the Subsurface regulations regarding the station,constructed at Disposal of Sanitary Sewerage; connection of new sewers Applicant's cost,as per Rules and Regulations for to the public sewer. Plans and Permit Governing the Installation of Sewer Conditions.No sewer line Services. connection fee. V. Code of the Town of North Andover,Massachusetts(North Andover General By Laws) Local Re ulati a Re wired pro sed Chapter 69-2 Alarm Installation and Payment of fees relating to Permit Requirements;Chapter 77, Fire Alarm Permit, §77-1 Building Permit Fees; Chapter Building Permit, 154 Sewer Connection Permit, Department of Public Water Connection Permit; §161-3 Works Permit;regulations Street Excavation Permit; §161-4 pertaining to street Driveway Permit; § 173-2 excavations,driveway Determination of Number of access and handicapped (Handicapped Parking)Spaces parking space calculations regulations pertaining to water main taps, service connection sizes and installation regulations;fee schedule for plumbing 0:%CLIENTS+maVOI66nool\Fo200049•iooc;2► 4 12/13/01 THU 14:11 FAX 508 872 9017 BOWDITCH & DEWEY W�uao installation; fee schedule for electrical installations; fee schedule for LP& Gas installations. VI. Bonds Local Regulation Required p.wed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Conditions. VII. Miscellaneous To the extent that an exception is not listed above and the project is at variance with a local requirement,the Applicant shall be deemed to have requested,and the Board shall be deemed to have granted,such exception. ():1CLIFNTS\reOO166o1000I1f0200049.POCK) 5 12/19/01 THU 14:11 FAX 508 672 8017 W-, TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res �s proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes Assembly Indoor lace Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent $p Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes (7:1CLMNTS1rca\301660100011F0200049.DOC;2) 6 k r 12/13/01 THU 14:11 FAX 508 872 Null uunuii�n a vc�Li �• TABLE I1: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max(ft) 35 65 Street Frontage Min.(ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min.(ft) 30 S Rear Set-Back Min.(ft) 30 5 Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A 1):IcLIhNTsVuuoi660woolWO20oo4p.noc;2} 7 RECEDED D JOYCE BRADSHAW Meetinghouse Commons at Smolak F , RH " CLERKDEC 2 6 2001 _ g ANDOVER BOARD OF APPEALS Fiscal Impact Analysis 2001 DEC 2b P 2= 38 31, og QPM December 4, 2001 Meetinghouse Commons LLC has prepared this fiscal impact analysis to support the Meetinghouse Commons at Smolak Farm Comprehensive Permit Application for (88) housing units in North Andover. The purpose of this analysis to project the fiscal impact of a land use change on revenues and expenses in the serving community. The analysis compares revenue sources - real estate taxes and user fees - to expenditures, identifying both per capita and per student components. The analysis follows the format and uses the same underlying data and assumptions (except as detailed below) as previous Comprehensive Permit applications submitted to the Town of North Andover. This analysis is based on a revised unit count of(88), which represents the second proposed revision in unit count; the original submission was for(93), first revision was for(86), and current revision for (88). The American Housing Survey of 1998 indicates 2.07 residents per 2-bedroom unit (not age-restricted),- where ge-restricted);where the head of household is over-55, it indicates 0.089 children of school age per attached unit (42 _proposed), and 0.137 children of school age per detached unit (46 proposed). To be conservative for the purposes of this analysis, we have not reduced the number of potential school children by the typical 14%who do not attend the public school system. As applied to Meetinghouse Commons, this indicates a projected resident population of(88 x 2.07), or 182 residents, and a school enrollment impact of ((42 x 0.089)+(46 x .137)), or 10.04 students. We have assumed average property values of $350,000. per market-rate unit, and $150,000. per affordable unit, for a tax base of$26,400,000.00. The attached spreadsheets substantiate that the net positive financial impact of the Meetinghouse Commons development to the Town of North Andover to be$248,186. When projected at twice the student loading rate indicated, the net positive impact is $199,130., and when projected at three times the expected student loading rate, still provides net positive financial impact of$150,072. We believe the expected student load rate (10 students)to be the best indicator of projected fiscal impact. REVISION/SUPPLEMENT PAGE 4 December 26, 2001 Total Revenue 2002 Town Budget Allocation to Residential and Non-Residential Uses Residential 79% Non-residential 21% Source $ Property taxes $37,694,577.00 $29,778,716.00 $7,915,861.00 Local receipts $5,784,554.00 $4,569,798.00 $1,214,756.00 Intergovernmental $4,843,921.00 $3,826,698.00 $1,017,223.00 Interfund operating transfers $760,774.00 $601,011.00 $159,763.00 Misc. revenue $220,000.00 $173,800.00 $46,200.00 Total Revenues $49,303,826.00 $38,950,023.00 $10,353,803.00 Total Revenue Per Capita and Per Worker Source Per Capita Per Worker Local receipts $167.99 $63.35 Intergovernmental $140.68 $53.05 Interfund operating transfers $22.09 $8.33 Misc. revenue $6.39 $2.41 Total Revenues $337.15 $127.14 Property Taxes Projected from Meetinghouse Commons Property Value of units $26,400,000.00 estimate Local Tax Rate 0.01318 NA Annual Report) Total Property Tax Revenue $347,952.00 Misc. Revenue Projected from Meetinghouse Commons Residential per capit Revenues $337.15 Projected population 1 182 Total Misc. Revenues $61,361.30 Total Revenues Pro'ected from Meetinghouse Commons Property Taxes $347,952.00 Misc. Revenues $61,361.30 Total Revenues $409,313.30 Annual Operating Costs Projected from Meetinghouse Commons Per capita costs $615.78 Projected population 182 otal Annual Costs $112,071.96 Page 2 Projected School-Age Children from Meetinghouse Commons Unit type 2 bedroom attached 2 bedroom detached Total 42 46 88 School-age children 0.089 0.137 Total projected School-a a Children 3.738 6.302 10.04 American Housing Survey 1997 Projected School Cost from Meetinghouse Commons Current Total S ending $27,241,804.00 State Aid $6,274,981.00 Cost to Town $20,966,823.00 Student Population 4274 Spending per Student $4,905.67 New Students 10 Total School Cost $49,056.68 Summary of Fiscal Im act of Meetinghouse Commons Expected Load Student Load x 2 Student Load x 3 Revenues Property Taxes $347,952.00 $347,952.00 $347,952.00 Misc. Revenues $61,361.30 $61,361.30 $61,361.30 Total Revenues $409,313.30 $409,313.30 $409,313.30 Costs School $49,056.68 $98,113.35 $147,170.03 Per Capita $112,071.96 $112,071.96 $112,071.96 Total Costs $161,128.64 $210,185.31 $259,241.99 Net Positive Fiscal Impact $248,184.66 $199,127.99 $150,071.31 Page 3 Projected School Cost from Meetinghouse Commons with Per Pupil Spending at State Average Spending er Student $5,978.67 NA Annual Town Re ort 2000 indicates NA spend $1,073, less than state average) New Students 10 Total School Cost $59,786.68 Summary of Fiscal Im act of Meetinghouse Commons with Per Pupil Spending at State Average) Expected Load Student Load x 2 Student Load x 3 Revenues Property Taxes $347,952.00 $347,952.00 $347,952.00 Misc. Revenues $61,361.30 $61,361.30 $61,361.30 Total Revenues $409,313.30 $409,313.30 $409,313.30 Costs School $59,786.68 $119,573.35 $179,360.03 Per Capita $112,071.96 $112,071.96 $112,071.96 Total Costs $171,858.64 $231,645.31 $291,431.99 Net Positive Fiscal Impact $237,454.66 $177,667.99 $117,881.31 Page 4 a'r't RECEIVED 2001 JOYCE BRAOSHAVd BOARD OF APPEALS T O tH N CLERK NOP,TH ANDOVER , Meetinghouse Commons at Smolak Farms 2001 DEC 2b P 12: 52 Fiscal Impact Analysis December 4, 2001 Meetinghouse Commons LLC has prepared this fiscal impact analysis to support the Meetinghouse Commons at Smolak Farm Comprehensive Permit Application for(88) housing units in North Andover. The purpose of this analysis to project the fiscal impact of a land use change on revenues and expenses in the serving community. The analysis compares revenue sources -real estate taxes and user fees-to expenditures, identifying both per capita and per student components. The analysis follows the format and uses the same underlying data and assumptions(except as detailed below)as previous Comprehensive Permit applications submitted to the Town of North Andover. i This analysis is based on a revised unit count of(88), which represents the second proposed revision in unit count;the original submission was for(93), first revision was for(86), and current revision for (88). i The American Housing Survey of 1998 indicates 2.07 residents per 2-bedroom unit (not age-restricted); where the head of household is over-55, it indicates 0.089 children of school age per attached unit (42 proposed), and 0.137 children of school age per detached unit(46 proposed). To be conservative for the purposes of this analysis, we have not reduced the number of potential school children by the typical 14%who do not attend the public school system. As applied to Meetinghouse Commons, this indicates a projected resident population of(88 x 2.07), or 182 residents, and a school enrollment impact of ((42 x 0.089)+(46 x .137)), or 10.04 students. We have assumed average property values of $350,000. per market-rate unit, and $150,000. per affordable unit, for a tax base of$26,400,000.00. The attached spreadsheets substantiate that the net positive financial impact of the Meetinghouse Commons development to the Town of North Andover to be$248,186. When projected at twice the student loading rate indicated, the net positive impact is $199,130., and when projected at three times the expected student loading rate, still provides net positive financial impact of$150,072. We believe the expected student load rate(10 students)to be the best indicator of projected fiscal impact. i f ,"otal Revenue 2002 Town Budget Allocation to Residential and Non-Residential Uses Residential 79% Non-residential 21% Source $ Property taxes $37,694,577.00 $29,778,716.00 $7,915,861.00 Local receipts $5,784,554.00 $4,569,798.00 $1,214,756.00 in-ter-governmental $4,843,921.00 $3,826,698.00 $1,017,223.00 Interfund operating transfers $760,774.00 $601,011.00 $159,763.00 Misc. revenue $220,000.00 $173,800.00 $46,200.00 Total Revenues $49,303,826.00 $38,950,023.00 $10,353,803.00 Total Revenue Per Capita and Per Worker ource Per Ca ita Per Worker Local receipts $167.99 $63.35 Intergovernmental $140.68 $53.05 Interfund operating transfers $22.09 $8.33 Misc. revenue $6.39 $2.41 Total Revenues $337.15 $127.14 Property Taxes Projected from Meetinghouse Commons Property Value of units $26,400,000.00 estimate Local Tax Rate 0.01318 NA Annual Report) Total Property Tax Revenue $347,952.00 Misc. Revenue Projected from Meetinghouse Commons Residential per capita Revenues $337.15 Projected population 182 Total Misc. Revenues $61,361.30 Total Revenues Pro'ected from Meetinghouse Commons Property Taxes $347,952.00 Misc. Revenues $61,361.30 Total Revenues $409,313.30 nnual Operating Costs Projected from Meetinghouse Commons Per capita costs $615.78 Projected population 182 otal Annual Costs $112,071.96 it Projected School-A a Children from Meetinghouse Commons Unit type 2 bedroom attached 2 bedroom detached Total 42 46 88 School-age children 0.089 0.137 Total projected School-a a Children 3.738 6.302 10.04 American Housing Survey 1997 Projected School Cost from Meetin house Commons Current Total S ending $27,241,804.00 State Aid $6,274,981.00 Cost to Town $20,966,823.00 Student Population 4274 Spending er Student $4,905.67 New Students 10 Total School Cost $49,056.68 Summary of Fiscal Impact of Meetinghouse Commons Students Load x 2 Student Load x 3 Revenues Property Taxes $347,952.00 $347,952.00 $347,952.00 Misc. Revenues $61,361.30 $61,361.30 $61,361.30 Total Revenues $409,313.30 $409,313.30 $409,313.30 Costs School $49,056.68 $98,113.35 $147,170.03 Per Capita $112,071.96 $112,071.96 $112,071.96 Total Costs $161,128.64 $210,185.31 $259,241.99 Net Positive Fiscal Impact $248,184.66 $199,127.99 $150,071.31 II - 13 - o / W O � f MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 November 13, 2001 Dear Board of Appeals: Enclosed please find additional information in support of the Comprehensive Permit application for Meetinghouse Commons at Smolak Farm. The information includes responses to concerns or questions raised at the last public hearing, as well as concerns raised by Departments and Boards of the Town of North Andover. Since the last hearing, we have revised the plans (as submitted to you on both November 1 st, and also November 7th, 2001) to reflect changes proposed in response to neighborhood and Town officials requests, which have addressed the variety of access, safety, and density issues with a positive, and, as we understand, mutually acceptable design. This design evolution is a result of thoughtful, cooperative, and respectful dialog between the Town officials, concerned neighbors, and the developer and landowners, and is an example of how differing priorities can be satisfied through reason and balance. We feel this revised plan satisfies the safety and public concerns which have been expressed. Other response items which we noted from the last hearing, with responses, follow. A. Zoning Board Requests: 11 1. Revise plans per proposed changes. Completed. 2. Document the "private way" status of this area of South Bradford Street. See Attachment 1. 3. 61A status summary. As noted at the last hearing, the application to remove the subject parcel from 61_A will be submitted shortly, and is an acceptable condition if not completed prior to a ZBA decision. 4. Status of a Notice of Intent filing with Conservation Commission. The Notice was not filed until we had an opportunity to review the concept plan with the Zoning Board, so that the filing could reflect input from that process. Since that has now occurred, a Notice of Intent will be filed for review in the month of December, 2001, reflecting the plan with revisions as proposed. 5. Summarize the pre/post project affordable housing inventory. D NOV BOARD OF APPEALS 4 MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 The 2000 Census total housing inventory for the Town is 9896 units, of which 529 units are categorized as"affordable"by DHCD, which represents 5.35% of the housing stock. Including the Kittredge Crossing project, the "affordable" stock increases to 561 units, and 5.60%. Upon approval of Meetinghouse Commons (now 22 affordable units, or 25% of 86 units), the "affordable" inventory would be 583 units, which would represent 5.77%. If both projects were completed over the next four years, and an additional (40) housing units were built annually, then the affordable inventory would stand at 5.73%. 6. Fiscal impact/tax revenue impact of the project. To be submitted by November 21, 2001. B. Public/Abutter Requests: 1. Formalize the proposed plan revision. Completed. 2. Buffer zone restriction permanence. The specific method and format of restriction of the buffer zone will be established to assure that the possibility of future connections will be prohibited. 3. Assurance that the over-55 restrictions will be perpetual. The restriction will be established and maintained via deed rider or other instrument to assure the ongoing compliance with this restriction. 4. Assurance that the affordable units will be perpetual. The affordable units will be perpetuated via deed rider and a regulatory and monitoring agreement (with an approved agency such as CHAPA), such as those submitted with the application. 5. Stormwater runoff and flooding concerns. A Notice of Intent will be filed with the Conservation Commission, which process and review will require that the project comply with the Massachusetts Wetlands Protection Act and DEP's Stormwater Management Policy. These standards require, among other thresholds, that the project produce no net increase in stormwater runoff rates or volumes under specified storm events. The developers' engineering team must provide documentation of compliance with these standards with the Notice of Intent filing. 6. Working hours and noise during construction. It is the developer's intention to work during common business hours for construction(typically 7:00 AM to 6:00 PM), and to comply with local noise standards, if any. 7. Water pressure impacts. The project proposes to connect water mains at three points, which is at the request of the Department of Public Works. The development would only require connections at two points for its service, but has offered to make the third connection as part of the overall development plan. These connections are part of the Town larger plan to connect as many"dead-end" lines as possible, to enhance the water quality and pressure throughout the system. MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 8. Widen South Bradford Street from Dale to the farm stand area. It is the position of the developers' traffic consultant that widening this road would likely result in generally faster vehicle speeds, which is normally the case upon widening any roadway. Therefore, we do not feel that widening this section of road is in the interest of public safety, and should not be considered. We will investigate the possibility of pedestrian paths on the opposite sides of the stonewalls, protected from traffic during peak seasons. 9. Traffic generation. A comprehensive traffic study was submitted with the initial application. In summary, the traffic impact study indicates an expected maximum traffic increase of 7.66%, and less during the peak travel periods. This equates to approximately one additional vehicle for every (15) vehicles of current volume during peak hours. C. Other Town Departments and Boards Requests: 1. Clarification of the definition and administration of age restrictions. The age restriction as proposed is intended to restrict the occupancy of a unit to at least one resident over the age of 55. The age restriction is proposed to be administered via a deed rider and monitored by the the condominium association. 2. Number of students estimated to be generated by this project. Using the estimate of 0.14 students per unit which was referenced in the Kittredge Crossing analysis (which is slighlty higher than estimates which we had initially relied upon), there could be 12 students generated from this project. We will provide more detailed analysis in which we believe the expected number of students will be 10 or less, by November 21, 2001. See A.6. above. 3. Fiscal impact. See A.6. above 4. Traffic impact. See B.9. above 5. Confirmation of APR not applicable to this parcel. Confirmation will be provided prior to decision. 6. Road grading review where grades exceed 8%. The design intent was to minimize environmental and aesthetic impacts by constructing the road in harmony with the existing topography and vegetation whenever practical. There is a very short section of road where the grades of+-8.75% only minimally exceed Town standards of 8%, and are commonly acceptable grades for local roads. This design allows minimal environmental and aesthetic impact in the specific area under review. 7. Affordability assurance in perpetuity. See B.4. above 8. Age restriction in perpetuity. See B.3. above . I MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 9. Private road covenant to assure perpetual obligation of plowing, maintenance, trash, etc. A covenant will be provided to assure that the private road status is perpetual. 10. Water main extensions clarify/confirm. The project intends to connect water mains on South Bradford Street from the Smolak farm stand area to the "dead-end" at Christmas Tree Estates, and along Dale Street from this new line heading East to the "dead-end"on Dale Street. Refer to plan specifics provided in the revised submission of November 1, and also B.7. above. 11. Sewer main routing/clarification. Refer to the revised plans submitted November 1. In summary, the project intends to extend the Town's proposed Dale Street termination point to a pump location on the Smolak property designed to accommodate the expected needs of this project along with the projected needs which were engineered previously by the Town for this service area. The pump is expected to force to the South to connect to the Christmas Tree Estates/Coventry lines. The pump design requirements will be contracted by the developer, and the installation cost of the pump pro-rated to the projected user. This will result in the developer bearing a large share of the cost of a pump which was already planned as a capital improvement, which will save the Town a substantial but as yet undetermined investment. 12. Sidewalks on main entrance to the development (Planning Department 11/5/01 Memo). We are currently reviewing any potential routes or impacts with such a facility, and will prepare a plan or narrative response, as appropriate, by November 21, 2001. We have shown our interest in responding to and working with the Town departments, boards, and residents to develop a project plan which satisfies many diverse priorities and needs, and are confident that we have sincerely addressed genuine concerns which have been presented to us, even when the requests were beyond the scope of requirements for an M.G.L. Ch40B Comprehensive Permit review. We ask that you support the Comprehensive Permit Application for Meetinghouse Commons at Smolak Farm, which revised plan proposes (86) total homes, 25% of which(22 homes) will be designated as affordable. Thank you for your assistance, support, and cooperation. Sincerely, 4mas D. Zahoruiko, Manager eetinghousouse Commons LLC OCT-19-2001 09 :52 AM SMOLAK FARMS 978 688 8058 P- 01 • i A TRUE: COPY ATTEST - ust ?3, Lee TCNj� CL * w l . ' '•'.� ;A Petition ••' •' 9t' r .. .�' ? •' )'t .'21:-, .. loft t� Y ►:; a!'t.b.a aiE ;: Petition of .mxrc.. )�A1'a111S!AY.. 1' 11 f.: �r' '+ R•:t4. voted 'this this AftC� ' rbl� .iiilsCttJ310A•t� W" YOte w; i the S�:cctglom to negotiate with th'e' attar:UQ.,l... ascertain if this. r►i�nee Gas;g:y�':Hlo<:tria,C�:itpR'tY i�"Mwil d1b bm Iigl�t� ford-reaso�a ie 1 xmo=t, ind If to, Relic a 'sio'to U:�C6ed,too inooe.this highv in tta':' (owh.Wtj;w to to discontinue tmder•charte; eightY- aA tows :'vu�►4 or ,c•tvatE+town' Y�; t tyro ot ti. i»^:cern Tl,•,ra.ail ar'auy of the-following sec ions `. trc�`..j'.�'. 1, f >'to�r�';:.r.:melYt Ll) G'1:'-Itnuti I ..�..� I I.ob '1 ta f.t'tlei 6tree t; h '►'• -{ '� .�,t''1' •� , `_...fi 1. 'C t0• �'a -tit A: tr; � ao3:: 1For .; nc;t,•Uzle bar^• �'>."ialf�;u titr..tti and (6) Boxford town lir" �r.aa kD vote to i-1::t rau t- the.. !.; ltf�t+.lttt a' t0:a* U tJ•:a town y t. oa.t o.. ., F .;� ►, eoloctmc;R . s arse 4 on Road�1 ti: . .th the 0=d1 t e `7 Y � lr'misdon nnd6r tbaptar LO..a..,t� f',,; •; �0 r tie! from the tuition of ire. • p*!T ull , wa,Ya in on petition, at- tpe Ck=ilttoe OU'rOnc! Y,-, otilaeera ving a VD'I:ed' to;Ir_&v!.Yt the lSe Selectman in�conf unetion with ebargaoi.thela}i:•::`aut•tat 18 aY the G irourtt�'(.om� ft.,. ;`y • t` > iinitt@e 19S'��ol ShQ. � sof 1D4 zor .It r-�;:o� kz Ting sll � an purt'o' i::•.Td_.`•. ,'�. r ncic o r, F E,'1 Ibern=1t�VA'O tiAi1 it�,. r ,.• 1 •� itYw� .,, 1. .i.; -• �•,. ij.• .. r..f�. ArttoIo 69-' Tv`$ V.. r d� 9�btislltst�l�fiiC1� Y.,' Y be �cdiWcmrti,111t•Ga78 (. oted that the 3daratopr sDl�nt s coma . I 1• to aft uta muiki,*1m» sad town sheds oo�mit3ee. Voted that the Moderator appoint a commtttee of twq mea quaii;!-ed to maks j eomprphenaive study of the need( of the various Town Departments' relative to the employ• adds opal t eTiaoi sssistanta This committee to �, re;wlt lst jhe onual meeting. OCT- 19-2001 09 :52 AM SMOLAK FARMS 978 688 80513 r . .- , 3 ,-- C.O.D. 1627 COMMONWEALTH OF AIAMACHUSETTB geeex, $8• Cost of County Commissioners ° April term, A. D. 1929, held by adjournment at Salem. The Selectmen of the town of North Andover being the of tition having ch OT8 - e of the publio ways in said town, by their pe- tition to the said commissioners,s, represent that common convenience and necessity no longer require that oartaindw ways i nisaid ent itown trbvel, maintained in a condition reasonably said ways being known and described as follorre, vizt- (1) ChestnutWl- Street from the TurndikeeStreetof btotHillside Hodge oRoad;e(3)tRea tStreet low Street from P (4) Appleton Street from the from Johnson Street to Summer Street: residence of William A. Salols to South Bradford set to Salem Street; ane®( (g ) South 8) Forest Bradford Street fxomsDra�tgtoetha Boxford town -line, and they peti- Street from Liberty Co tion the County ate waytadjudicate s andthatthet townshallhataid no longerhbel riv thereafter be p bound to keep the saame in repair. Y ed at the present term when notice This petition was enter oorporationa in was ordered given to all persons and interested therein Id meet of the time. and place when and where the mieioneeuchworderminre- for the purpose of. viewing the premises andd making said latlon to the prayer forder or/ noticeetition aonbfilelaw and®ofmrecord awillr_ ized to do as by their more fully appear. It having been made to appear that all persons and corpora- / tions interested therein bad ereot'orisaided rCountythe iCidaon thrice Count of meeting, we, the Y Gommiaeion 24th day of may, A. D. 1929► meet at the ToariflBnolperaonin iintereated~ I artiss a eared, dover when and where the p PP appeared to object in respect to any of the Said ways except Forest Street from Liberty Street to the Beoz�ties whondesired to be heard we viewed the premises and heard all p did determine that commoneconvenid in ence etnd nnecessity nolonger ained In oondiire i that the said ways in now tion reasonably safe and oOeveha�ltbecprivate lways, viz, and via :- (1) rheatnut cats that the following way (2) Wil- Street from the Tt59idence9treetbtotHillaideHodge oRoad;e(3)tRea tStreet from low Street fromP (4) Appleton Street from the resi- Johnson Street m gamer Strb'eS South Brad- dence of William A.Dale aStreet�to°Salem Street;th Bradford Sand e(6.)(Forest Street ford Street from Of ._ from Liberty Street no longeo the r be-forbound toikeep h e aboveawaysoin re- North provide shall Andoverprovided that said tovm shall forthwith post a sufficient no- .. pair, P tioe to warn the p ublic agre ainst entering thereon at each and of the above named vlNorthhKndover is herebyrsect the required tobnot.ifylic ytheaCounty said town of No OCT-19-2001 09 :53 AM SMOLAK FARMS 978 688 8058 P. 03 Commissioners in writing as soon as suoh notices are posted• The location of each of the above ways is more fully shown on a plan filed herewith and deposited in the office of the County Engineer bearing the record number 2421, which plan is made a part of this adjudication grid reference may be had to it for a more parti- oular description. IN TESTIMONY WHEREOF, we have hereunto set our hands this 31st day of may in the year of our Lord One thousand nine hundred and twenty nine. .� . . . . . . . . . . . . . .. Coon y Couuniasioners � I i i A/4 i . _ i DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Jane Swift,Governor Jane Wallis Gumble,Director Dear Local Official: The Department of Housing & Community Development (DHCD) has been notified that a project eligibility letter has been issued by a state or federal subsidizing agency to a developer seeking to build new housing in your town using a Comprehensive Permit. This can be an opportunity for your community, through your Zoning Board of Appeals, to shape this project to meet local needs. Your community has certain rights when it comes to negotiating the size, design and makeup of this development. Under the Massachusetts Comprehensive Permit Law, G.L. c. 40b §§ 20-21; and specifically regulation 760 CMR 3 1.0 1 (1)(b), any developer seeking a Comprehensive Permit must first apply to a state or federal housing program for preliminary approval of its proposal, and must receive a project eligibility letter from that program. A project eligibility letter serves to verify that a specific project is eligible for a state or federal program. It .represents neither program approval of a project,nor a financial commitment to fund the project. In anticipation of the upcoming housing proposal, we are providing you with a copy of the project eligibility letter and have enclosed materials to help inform you about the Comprehensive Permit law and the responsibilities of the community. For additional information about Comprehensive Permits, call Toni Coyne Hall, (617) 727-7765 ext. 428 at DHCD. Funding to hire consultants to assist communities in evaluating any specific Comprehensive Permit proposals is available through the Massachusetts Housing Partnership (MHP). For information about this, please contact Ann Houston at (617) 338-7868. Sincerely, J e Wa lis Gumble irector Enclosures Ode Congress Street Boston, Massachusetts 02114 www.state.ma.us/dhcd i THOMAS D. ZAHORUIKO, CFP 185 Hickory Hill Road, North Andover, MA 01845 Tel: 978-687-2635 Fax: 978-689-2310 E-mail: tomz@mediaone.net, ; (SLI Director Department of Housing and Community Development One Congress Street 10th Floor Boston, MA 02114 September 4, 2001 RE: Notice of Receipt of Project Eligibility(Site Approval) for Meetinghouse Commons at Smolak Farms Dear Director: Pursuant to the Jurisdictional Requirements under 760CMR 31.01 Subsection(2), I hereby serve written notice that a Project Eligibility(Site Approval) Letter has been issued on August 30, 2001, for the project known as Meetinghouse Commons at Smolak Farms, from the Salem Five, 210 Essex Street, Salem, MA 01970, (an FHLBB member bank),using the New England Fund program of the Federal Home Loan Bank of Boston. The M.G.L. Chapter 40B "Comprehensive Permit"application was submitted to the Town of North Andover Board of Appeals on August 30, 2001, at 4:09 PM. The appropriate application materials are available for public review. Project: Meetinghouse Commons at Smolak Farms +-30.2 acres located off Dale Street,North Andover, MA Proposed 93-unit (24 "affordable"), age restricted over-55, residential development Subsidy through the FHLBB New England Fund, member Salem Five Applicant: Meetinghouse Commons LLC, Thomas D. Zahoruiko,Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 A copy of the Project Eligibility(Site Approval) letter is attached. Please contact me for any additional information or with any questions. Sincerely, omas D. Zahoruiko, Manager Meetinghouse Commons LLC c ti ��vp Corporate Headquarters 210 Essex Street.Salem,MA 01970 August 30, 2001 Meetinghouse Commons, LLC Attn: Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 Re: Determination of Project Eligibility Meetinghouse Commons at Smolak Farms Off Dale Street North Andover, Massachusetts Gentlemen: As per your request dated July 30, 2001 and received July 31, 2001, the Salem Five Cents Savings Bank has reviewed your plans to construct 93 detached and attached residential condominium units to be offered for sale to households where at least one member is over the age of 55. The subject development site is comprised of 30.2 +/- acres located along South Bradford Street off of Dale Street, North Andover, Massachusetts, and is proposed for development under a comprehensive permit to be issued pursuant to M.G.L. Chapter 40B and the regulations promulgated thereunder. The Bank understands that you have notified the Department of Housing and Community Development as required under revised guidelines for the M.G.L. Chapter 40B program detailed in 760CMR Section 31.01. As such, the requirement of a 30 day period from the date of your request has been.satisfied. On behalf of the Salem Five Cents Savings Bank I have visited the site and reviewed plans for your project in conjunction with reported acquisition costs. The project calls for 93 residential units to be completed in three phases. Two phases will contain 53 detached homes. A third phase calls for 14 townhouse style condominium units to be contained in a single building, and 26 "garden style"units to-be contained in a second building. The architectural elevations for each structure have been designed in a manner consistent with and which should preserve the area's rural surrounding character, which is dominated by Smolak Farms. You have submitted sample floor plans for typical units, and have indicated that they will generally range in size from approximately 1,100 to 2,000 square feet of living area. 3 _Egq Salem Five Cents Savings Bank Salem Five Sales and Service Center Salem five Mortgage Corporation 978 745-5555-800 312-2265 978 720-5958-888 246-2265 978 745-5555-800 322-2265 Member FDIC/DIF i Meetinghouse Commons, LLC August 30, 2001 Page Two Units will include two bedrooms and two bathrooms, which is typically desired by the target market of individuals over age 55. Satisfactory covered parking will be provided. Buildings will be serviced by public water and sewer utilities available to the site. It is your stated intention to sell the units as part of a governing condominium association. You have provided to the Bank for review a purchase and sales agreement executed by Meetinghouse Commons, LLC and the landowner, Smolak Farm Nominee Trust, H. Michael Smolak, Jr.,who you have indicated are current owners of the site. Based upon this agreement it appears.that you have secured the site for development. . Salem Five Cents Savings Bank has also reviewed your pro forma statement of anticipated income and development costs for the project. Based upon this documentation with respect to profit margins and dividend limitations, the Bank has concluded that the project is financially feasible and in compliance with the requirements of the Comprehensive Permit program. In so doing,Salem Five Cents Savings Bank also considered your credentials as a developer and history of successful projects in the area. Salem Five Cents Savings Batik has conducted a preliminary review of the proposed site and architectural design of the project and is of the opinion that the project will meet or exceed basic health, safety and design requirements. Salem Five Cents Savings Bank finances residential development projects in Eastern New England and is knowledgeable regarding new construction prices in North Andover,MA. We are aware of the escalating housing prices and shortage of housing for area residents. The demand for reasonably sized, maintenance free living units, such as those proposed, is particularly acute in the area. The Bank has reviewed the proposed unit plans, and finds that they are generally appropriate for the site based upon similar developments with like units in the community. The Bank is of the opinion that the housing proposed under this project is both suitable for the site and desirable in the marketplace. Further, we believe that the proposed sales prices for market rate and subsidized units as detailed in the submitted pro forma financial statement will be generally accepted in the marketplace given the relative price levels of new housing in the community and in the area. Salem Five Cents Savings Batik is pleased to inform you that the project you have asked the Bank to review is considered as Comprehensive Permit eligible for financing under the New England Fund("NEF'� of the Federal Home Loan Bank of Boston ("FHLBB'). i i i + r 1 Meetinghouse Commons, LLC August 30, 2001 Page Three Please be advised that this letter does not constitute a commitment to you for financing by the Bank with respect to this project. Finalized municipal approvals, plans, budgets, appraisals, current real estate market analysis, and more in-depth and comprehensive underwriting must be completed before the Bank's Board of Investment may formally consider issuance of a commitment on a proposed loan. However, this letter does constitute a project eligibility letter as required under the regulations applicable to comprehensive permits under Chapter 40B of the Massachusetts General Laws. Salem Five Cents Savings Bank is a member of the Federal Home Loan Bank of Boston, and has approval to utilize funds provided by FHLBB's New England Fund. This fund was established to fund affordable housing and other community investment initiatives. Should your project receive final approvals and subject to a loan commitment as described in the paragraph above, the Bank would agree to apply for funding under this program to fund the construction loan for the proposed development, and may seek monies for favorable mortgage loans for the purchasers of the affordable units. Projects approved under the NEF program require the 25% affordable housing set aside noted above to which you have committed for this project. Moreover, purchasers of these affordable units will be restricted to those earning not more than 80% of the area median income for the appropriate census area. Projects also must adhere to the limited dividend aspect of the program, under which the development entity, Meetinghouse at Commons, LLC will comply. Units within the project must also carry a deed restriction for at least fifteen years incorporating the income restrictions and commensurate limitations on resale price. In order to ensure that the project will fully comply with N.E.F. program requirements applicable statutory and regulatory provisions will be enforced by regulatory agreements and deed riders. Should you have any questions, please do not hesitate to contact me. Sincerel Mark H. Le Senior Vice President 350 YRS, 6 F Noarti ` o eM NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS �.o�:•�+�'� 124 Main Street 9SS'4CHUSNorth Andover, Mass. 01845 WILLIAM V. DOLAN Chief (978) 688-9593 Chief of Department Business (978) 688-9590 Fax (978) 688-9594 EDWARD J. MORGAN Deputy Chief n p Mr. William J. Sullivan, Chairman D North Andover Board of Appeals N O V 13 2001 27 Charles St. North Andover,MA 01845 BOARD OF APPEAW 20 September 2001 Dear Bill, I have reviewed the Comprehensive Permit, "Meeting House Commons at Smolak Farm",with the fire prevention officer, Lt. Melnikas. We have also spoken with Mr. Zahoruiko regarding the plan submitted for the project by Huntress Associates,Inc. dated 7/20/01. Mr. Zahoruiko intends to install fire sprinklers as required by law in all multi-family residences and will install sprinklers in all of the single family detached residences. This would have been our recommendation. All fire protection provisions including the proper spacing and location of fire hydrants are acceptable as shown. Our only concern is the lack of the connection of the proposed road for the comprehensive permit to the existing Bradford Street Extension. In order to provide timely access for fire and emergency medical services to future residents of this proposed subdivision the connection is required. This connection shall also insure that there are two means to access development. We have worked with Mr. Zahoruiko in the past and he has a proven record of quality and service to the projects he participates including fire safety. The lack of the connection is our only concern regarding this project. Respectfully, William V. Dolan, Fire Chief Cc: Mr. Thomas Zahoruiko Lt. Andrew Melnikas SERVING PROUDLY SINCE 1921 NOU-07-2001 08:29 GCH BUSINESS CENTER 714 300 7471 P.02i02 M ,�xta�t&-, Com Mpi LLC -T� D -00 6rLn-� A86. 1-'c R%c ko Kt 1( Roj h�r MA d 1 gqS- Sj iiucm >J014AAWR 6, 200) 1 7 C North "%,tr, LJ A ENcIOSCS u"e, Q.01C0Piez � ' re.v;sFLQ p 6V\ POLgeS 6��'�� C4VJ 12 far Mcg ny�Orsq. 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Community Development and Services Division - 27 Charles Street ` + " North Andover,Massachusetts 01845 "SSACNus t i Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 MEMORANDUM TO: North Andover Zoning Board of Appeals NOV 0 6 2001 FROM: Heidi Griffin, Town Planner BOARD OF APPEALS CC: North Andover Planning Board RE: Meetinghouse Commons-Comprehensive Permit Application-Revised Plans DATE: November 5, 2001 At the Planning Board Meeting of October 30, 2001,the Planning Board reviewed the revised plans for the 40B application for Meetinghouse Commons demonstrating the reduction of a roadway and housing units from 93 to 86. Their comments were as follows: I. Due to the steep topography in the area where the Planning Board had previously recommended that the road loop through, and the letter from the Fire Chief indicating that if the road does not loop his public safety concerns are still adequately addressed, the Planning Board will now recommend that the road does NOT have to loop through. The Planning Board did note however,that the primary reasons for this recommendation is the combination of the topography and the public safety issues being adequately addressed, and reserves the right on future applications to recommend to the Zoning Board of Appeals that roads loop through where practical circumstances allow for it as the connection of roads typically provide for good planning. 2. The Planning Board asked the applicant to explore the opportunity of placing sidewalks on the main entrance to the development as long as the placement of sidewalks would not result in an enormous amount of tree cutting. The Planning Board wishes for the sidewalks to be placed,to the extent possible, in a manner that will allow for existing topography and tree cover to not be diminished(or other logical impediments). If the placement of the sidewalks would result in an enormous deprivation of existing topography and tree cover they would be willing to recommend that the sidewalks not be placed upon demonstration of this deprivation by the applicant. 3. The Planning Board requested that the affordable units be deeded in perpetuity. I The Planning Board wishes to thank the Zoning Board of Appeals for requesting their input on this application. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager RECEIVED 185 Hickory Hill Road J O Y C E BR A DSHAW North Andover MA 01845T OW Pa CLERK NORTH ANDOVER 978-687-2635 2001 «OV - 1 A 10. 0 u William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 October 31, 2001 Dear Board of Appeals: Enclosed is supplemental information regarding the Comprehensive Permit application for the project known as Meetinghouse Commons at Smolak Farm. Included are (8) copies of the revised plans, which show revisions which were discussed and proposed during the October 16, 2001 hearing, as well as at meetings with abutters and various Town departments at and around the same time. These revisions primarily involve the development area in the southwest of the parcel, closest to the Christmas Tree Estates cul-de-sac, and indicate the shortening of the development roadway in that area, the addition of a no-cut buffer zone, and a reduction in the number of homes in that area from(13) to (6). With this revision, the total number of units would be reduced from(93)to (86). I will be submitting additional supplemental information and responses to specific questions or issues which were raised at the October 16 hearing, in the next few days. I look forward to the continued hearing on November 13, 2001. Thank you for your assistance, support, and cooperation. i Sincerely, omas D. Zaho o, Manager Meetinghouse Commons LLC i i r MEETINGHOUSE COMMONS LLC Thomas D. Zahoruiko, Manager JOYCE SRADSHAW 185 Hickory Hill Road TOWN CLERK North Andover, MA 01845 NORTH ANDOVER 978-687-2635 tuu^ NOV - I P 3: 2$ William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 November 1, 2001 Dear Board of Appeals: In response to your request today, enclosed are the two additional copies of the revised plans for Meetinghouse Commons at Smolak Farm. Please contact me with any additional concerns. Thank you for your assistance, support, and cooperation. Sincerely, omas D. Zahoruiko, Manager Meetinghouse Commons LLC � 00 SE COMMONS NS LLC O Thomas D. Zahoruiko, Manager RECEIVED 185 Hickory Hill Road JOYCE 9R ADSHAW North Andover, MA 01845T OWN CLERK NORTH ANDOVER 978-687-2635 2001 NOV - I A 10: 0 LI William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 October 31, 2001 Dear Board of Appeals: Enclosed is supplemental information regarding the Comprehensive Permit application for the project known as Meetinghouse Commons at Smolak Farm. Included are (8) copies of the revised plans, which show revisions which were discussed and proposed during the October 16, 2001 hearing, as well as at meetings with abutters and various Town departments at and around the same time. These revisions primarily involve the development area in the southwest of the parcel, closest to the Christmas Tree Estates cul-de-sac, and indicate the shortening of the development roadway in that area, the addition of a no-cut buffer zone, and a reduction in the number of homes in that area from(13) to (6). With this revision,the total number of units would be reduced from(93)to (86). 1 will be submitting additional supplemental information and responses to specific questions or issues which were raised at the October 16 hearing, in the next few days. I look forward to the continued hearing on November 13, 2001. Thank you for your assistance, support, and cooperation. Sincerely, �r omas D. Zaho o, Manager Meetinghouse Commons LLC L c E � W E ✓16W�C��r� DTown of North Andover NORTH DEC 0 4 2001 Office of the Zoning hoard of Appeals BOARD OF APPEALS Community Development and Services Division *^off 27 Charles Street ==�• North Andover,Massachusetts 01845 34SSACHUs D. Robert Nicetta Telephone (978)688-9541 BuFax(978)688-9542 Building Commissioner • Date Dec.,em 6r TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 I Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: C STREET : TOWN: D 6'-'J", ✓J qnol- njo �N( NAME OF PETITIONER: /�'�.��''l zw ✓VA6 SLG Signed: Pet' ner(or petitioner's representative) ATTACHMENT WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 1 of 1 f Susan Dennett Eno From: "Susan Dennett"<sdennett@mediaone.net> 4 2001 UU To: <wsoule@concentric.net> BOARO OF APPEAL Sent: Sunday, November 18, 20012:37 PM Subject: Meerting House Commons proposal To: Members of the Zoning Board of Appeals Re: Comments on Meeting House Commons proposal From: Susan Dennett,20 Ironwood Rd. No.Andover,email: sdennett@mediaone.net Date: November 18,2001 1. Neighborhood Connecting Paths:I strongly support a connecting path from the end of the proposed road to the end of the So. Bradford, Coventry Rd. cul de sac.The concept of open space connections,trails, and neighborhood paths have been enthusiastically supported by many town boards, including the Conservation Commission, Planning Board, Open Space Committee, NA Trails Committee, and the 2000 Master Plan adopted at Town Meeting. It is very important to continue to support the idea of community, especially in such a concentrated development in a residential neighborhood. I don't expect public access to any other part of the development. Neighborhood paths are good for several reasons: • They foster a greater sense of community • They provide a walking/exercise opportunity for all, (especially for those of us over 55) • They connect a neighborhood with greater opportunities to explore nearby open spaces, in this case the Essex County Greenbelt and the Town Forest. • They encourage the idea that the neighborhood is not a gated, bunkered village in need of protection. 2. Traffic and Safety: I live off of Dale St. in the Smolak neighborhood, and am greatly concerned about the increase in traffic. Dale St. is an often high-speed connector between Boxford and the Old Center. Near the Farm there are several dangerous curves. The farm road, proposed to be the entrance to the development,will exit right between two serious curves. Exiting the road will be quite dangerous, not only for residents of the development, but also for vehicle traffic as well as pedestrians and bicyclists. Sidewalks and crosswalks along Dale Street near the proposed development would improve the traffic and safety concerns that I outline below. • I have walked from Ironwood Rd. to Smolak Farm many times and each time have had to cross the road to avoid walking on an inside curve. This also happens while walking on Dale Street towards Salem St. • There are a number of families in the neighborhood who venture forth with young children in strollers onto Dale Street to get to Smolak Farm or Coventry Rd., maneuvering along the edge of the road or else in the weedy soft shoulder of the road. • Many people walk or bike along Dale Street. They know that exercise is important for good health, but not if it means throwing oneself into the woods to avoid a vehicle going too fast. I hope these comments are useful in your deliberations, and I hope that the suggestions can be included in the conditions if this development is approved. Sincerely, Susan B. Dennett 12/4/2001 i Page 1 of 1 e ' p � C� C� Od � Susan Dennett 01 From: "Susan Dennett"<sdennett@mediaone.net> To: <wsoule@concentric.net> BOARD OF APPEALS Sent: Tuesday, December 04, 2001 10:09 AM Subject: further comments re Meeting House Commons To:Zoning Board of Appeals From: Susan Dennett,20 Ironwood Road, No.Andover Re: Meeting House Commons(Comp. Permit 40B) Date: December 1,2001 Further comments relative to neighborhood paths and sidewalks 1. Neighborhood Connecting Paths: Connecting paths through to nearby open space or the road leading to the Essex County Greenbelt land and the Town Forest might be of stone dust, or possibly some other semi-hard and semi-permeable surface. (No need to encourage rollerblading here). 2. Sidewalks. 1 would think paved sidewalks would be desirable throughout the Meeting House Common development, for the benefit of the residents'physical health and safety. Thank you for your consideration. Susan B. Dennett 12/4/2001 D DEC 0 4 2001 MEETINGHOUSE COMMONS LLC BOARD OF APPEALS Thomas D. Zahoruiko, Manager 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 I William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 December 4, 2001 Dear Board of Appeals: In order to allow more time to prepare responses,plan revisions, and documents, and to have more Board members available at the hearing, we request that the hearing for the"Meetinghouse Commons at Smolak Farm"Comprehensive Permit Application be continued to the next available hearing date, which we understand to be January 15, 2002. Thank you for your assistance, support, and cooperation. Sincerely, mas D. Zahoruiko, Manager eetinghouse Commons LLC i r FAX - TRANSMISSION i 0 FAX Number: �Tb 9T 23 FROM: wil A S4 �! A"M M� Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: ��` 30 ,P SUBJECT: ;LBA 1 Number of pages: REMARAKS: �I�tr� W II QNI4w 7,w A 0wr ��� � oh q� � Teems Apt%) ;ooh mst4, o sW. PM s 61L cc�e 1 �oySt C. 7 MUfax/2 ID - I6 - D � Mark H. Rees . Town • Town of • Andover I ' ll , � 1 DEC 2 6 2001 D MeO BOARD OF APPEALS To: William J. Sullivan, Chairman Zoning Board of Appeals From: Mark H. Rees, Town Manager/ Date: October 16, 2001 Cc: Board of Selectmen Re: Meetinghouse Commons at Smolak Farms At their October 1,2001 meeting,the Board of Selectmen reviewed the proposed Chapter 40B comprehensive permit application to construct a 93-unit ownership condominium project adjacent to Dale Street and to be known as"Meetinghouse Commons at Smolak Farm". The Board had previously requested Selectman Susan Haltmaier to the Selectmen's liaison for this project. As part this charge, Selectman Haltmaier prepared the attached report to the Board of Selectmen that served as the basis for their discussion at the October 1 5t meeting. At the conclusion of their discussion,the Board of Selectmen asked that I communicate to you the following questions and/or concerns: • The Board would like clarification regarding how the age 55 restriction will be interpreted. Does it mean that all residents/owners of the building unit must be 55 years of age, or just one of the residents/owners? Is there a distinction between being a resident and an owner of record? • Even with an age 55 restriction there is the possibility,depending upon final eligibility rules that school age children may live in the development. Does the developer have an estimate, based on similar projects elsewhere, as to how many school age children may live at Meeting House Commons? • As part of the review of the other 30B proposal currently before the Board, that developer prepared fiscal analysis detailing whether the project would be a net gain or net loss to the Town in terms of costs of services versus tax revenue. The Board of Selectmen would like a similar analysis for Meetinghouse Commons development. • The Board also expressed concerns about the increased traffic as a result of this proposed project and whether or not the town's existing road infrastructure could accommodate this increased traffic, especially since the roads in the area of the project are rural in nature with •Page 1 !b��6 narrow roadways and difficult curves. In addition,there were concerns raised regarding the possibility of'cut through'traffic occurring should a second egress be allowed through Coventry Lane. Thank you for this opportunity to comment on this proposed project. Please keep the Board of Selectmen informed as to future actions that may occur. Ibowbameebnghousec:ommons 0 Page 2 ' y i MEMO TO: Board of Selectmen FROM: Susan Haltmaier DATE: September 25, 2001 RE: Meetinghouse Commons at Smolak Farm CC: Mark Rees, Town Manager As requested, I have been reviewing the submittal of a Comprehensive Permit application to construct a 93-unit ownership condominium project, to be called "Meetinghouse Commons at Smolak Farm." Meetinghouse Commons LLC (Thomas D. Zahoruiko, Manager) will control project development on approximately 30 acres of land (currently idle) of the Smolak Farm, located adjacent to.and south of Dale Street opposite the South Bradford Street intersection. The residential development will be restricted to people age 55 and older. Current project planning calls for the proposed access drive to use the unpaved section of South Bradford Street located along the western boundary of the property. Meetinghouse Commons would also include a new `Road A' cul-de-sac that would branch off South Bradford Street within the development. The idea of the development evolved from a desire by the Smolak family to establish a perpetual funding mechanism, which would generate income to support and operate the farm during both good and bad economic times. The age 55 restriction is designed to avoid placing an increased burden on the local school system. Furthermore, all of the units will be limited to two bedrooms. Three types of units are proposed for the 93-unit development, of which 25%, or 24 units, will be affordable: 26 2-bedroom garden-style units (7 affordable); 14 2-bedroom townhouses (3 affordable); and, 53 2-bedroom cottages (14 affordable). The affordable units will be priced in the $150,000 range. All of the units will have sprinklers. A phase-one environmental site assessment found no reportable events or contamination. All necessary utilities are available in the roadways that abut the property. A Traffic Impact & Access Study was conducted by Dermot J. Kelly Associates, Inc. of Andover using data from a study done by the Institute of Transportation Engineers in Washington, DC on vehicle-trip generation rates for a retirement community. The study results show an expected 7-8% increase in vehicle-trips per day, both during morning and evening peak travel hours and on average for a weekday. The number of vehicle-trips per day would rise by 294 on average compared with a total of 3,839 trips on an average weekday. I attended a meeting on September 18, 2001 to review the Comprehensive Permit application. Both the Police and Fire Chiefs raised safety concerns regarding the proposed single access drive into the development. They both felt that one drive would not be adequate to meet the safety needs of the residents of the proposed 93 units, particularly as these residents will be targeted to be age 55 and older. In response, Mr. William Sullivan, Chairman, Zoning Board of Appeals, suggested asking the Manager of Meetinghouse Commons LLC to investigate the possibility of connecting the unpaved �i,1,6 i Re: Meetinghouse Commons September 25, 2001 section of South Bradford Street with the section of South Bradford Street that currently j terminates in a cul-de-sac at the top of Coventry Lane. Mr. J. William Hmurciak, Director of Public Works, was not certain whether the town had abandoned that undeveloped section of South Bradford Street that connects the unpaved and cul-de-sac sections of South Bradford Street or whether the right-of-way still exists as a paper street. Mr. Nardella believes that water and sewer build-outs were included up to the edge of the proposed Meetinghouse Commons when the homes were built on the existing cul-de-sac. Mr. Hmurciak and Mr. D. Robert Nicetta, Building Commissioner, will determine what the situation is with regard to these issues. As far.as other concerns, the specifics of the age-55 restriction aar.g not c_lear concerning whet er o e rest ents m a given unit or only one of the purchas a given unit must be at least 55_.years o . ` Bo vd en should ask the Manager of eetmg Ouse Commons how many school-age children e e ieves a a li to live at the ro ose eve opmen ,��evenMe e a e 55 on. Mr. Minicucci provided such estimates or is pro �ge Crossing development on Route 125, which also has an age restriction. FROM North Andok,er Police Dept. FA ; NO. 970-681-1172 Oct. 16 2001 12:27PM Pi POLICE 0 E P A R T M ✓` N 7- "Conmtunity Partnrtr hip" To_ Willia m'Sullivan, Chairman North Andover Board of A peals r" From: Lt.John Came Date: October 16,2001 Subject:Meeting House Commons The Police Department does not currently have any safety concerns regarding the Meeting House Commons project.We are in support of the proposal that Meeting House Commons riot connect to Coventry Lane. 366 MAI,V SI'RF T,NORTH ANDOVFJ,&1A-.6ACIIU$F..rrS 01845-4099 Telrphone:978-u83-3168 Fax:97Fi-66I-2172 /O//A OCT.15.2001 4:09PM VHB N0.246 P.1 I Transpor�tion land Development Environmental s e r v i c e s 101 Wx9151 �r�,��r1g�n Brustlin, Inc_ Pose officece Box 9151 Watertown Musadnmtts 02A71 61792417M PAX 617 924 2286 FAX Transmittal Delver To: Robert Nicetta From: Timothy B.McIntosh,P.B. Building Commissioner Company. Town of North Andover VHB Project No.: 06716.49 Telephone No.: 978-68"" FAX No.. 978-688-9542 049iral of Telempy: Will be sent on 10-16-01 Date and Time: 10-15-015:15 PM Total Number of Pages(Including Tc r=4 tai Form): 3 RE: Comprehensive Permit Application Review Meeting House Commons North Andover,MA Bob, Enclosed please find VHB's estimate for review fees for the above project. I will have my department head sign the original tomorrow and can forward this to you at that time. Please call me after you have reviewed and let me know if any changes are needed. Please call me if you have any questions Tim q z:�osncwa<c�rm�,uraevac,u«na-w�,wi.e« OCT.15.2001 4:09PM VHB M0.248 P.2 ®New Commit Net 00toba is,2401 0 Amendment No. Project No. 06716.49 Vanaue Haagea Drurdin,Inc. Post office Box 9151 Project Name: Comprehensive Permit—Kittredge Crossing Watertown,AM 02471.9151 North Andover,MA (617)924-1770 PAX(617)924.2286 n—p-adm To: D_Robert Nicena CostBasimater 1Lnd Development Building Commissioner/Zoning Officer Bnvironmenta)Services Community Development&Services Town of North Andover Amendment Contract Total 27 Charles Sam 1Aoar $ 6,700 North Andover,MA 01845 Jaxponses S 250 At Requested By:Robert Nuala Q Fixed Fee ®Time&rxpensce ❑ Coat a Feed Fee ❑other Date: October 15,2001 Fsdmated Date of Coingtdont 1<ebsvaty r5,2002 This Client Aodnonzefion is part of the Agmenodfor Prefeasmnd ServkU between Valente Hangers 8nstdn,Ina and rhe Town of Xordr Andover,Awed AngW11,1999,and Nan eaatfomt t0 the Tana&CondiNom and howrty labor rams of thaAgreetnenn. Scope of Services Refer w Appendix A for a complete description of the scope of work. Compensation The estimated compensation for performing the Scope of Services described is summarized as follows. DESCRIPTION LABOR FEE 1. Plan Review (24 Hrs x S600r) S 1,440 Z Senior Civil Review(6 Hrs)E S130)Hr) $ 780 3. Drainage Review(24 Kra x$60/Hr) S 1,440 4. Environmental Review(8 Hrs x$8041r) $ 640 5. Traffic Review(16 hrs x$8o/Hr) $ 1,280 6, Project Management(14 Hrs x$80/Hr) S 1,120 TOTAL ESTIMATED LABOR FEE $ 6,700 ESTIMATED DIRECT EXPENSES 250 TOTAL ESTIMATED COMPENSATION $6,950 Pte pared By: ISmotbs a Mdntasb,P.E nopartmt Approval• John I.Bechard,FK Please execute[his Client Authorization for Vanessa Hangan Btaulim Joe.to proceed with the above scope of services a the stated estimated axsts.No services will be provided until it is&%,wd and tetumed to VHB. ❑ Svbieci w the attached ten.&conditions. ® Subject to tette&conditions in oar original agree[nem dated August 11,1999 Vanasse Hangen Brudirs,Inc.Authorization Client Audiotintion 0%aresgn&fpwfewd eftm) By By Title Title Dau Date TW oAgitwU of thU Abrhori24tien need to be executed One origin!needy to be forwarded to Accounting Comraef Fliet. \VA4WA7RVe\067161douiton[&ACWAath•MestfngRoweConwwnnCompPem*.doe OCT.15.2001 4:09PM VHB NO.248 P.3 VHB Prof.No, 06116,49 Comprehensive Permit Application Meeting House Commons—North Andover,MA APPENDIX A Scope of Services The scope of services consists of the engineering review of the comprehensive permit application. We anticipate that the review will include the following tasks: 1. Plan Review: VHB shall review the comprehensive permit plans based on the Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals, dated March 13, 2001. VHB shall also document noncompliance with the Zoning Bylaw (May 2001) for the Town's informational purposes. Finally, VHB will review the plans for compliance with standard engineering practice and public safety. VHB will prepare one(1)engineering review report listing written comments. VHB will provide one(1) `follow-up' letter that addresses the Applicant's responses to the engineering report. 2. Senior Civil Review: Review of comprehensive permit plans by Chief Engineer given the scale and complexity of the proposed development.Written comments will be included in the engineering review report. 3. Drainage Review: Review the drainage design for conformance to the Zoning Bylaw (2001), DEP's Stormwater Management Policy and standard engineering practice. Written comments will be included in the engineering review report. 4. Environmental Review: The Wetland Protection Act is applicable to this project. VHB understands that a Nonce of Intent(NOn will be filed for this project ata future date. VHB will review the proposed development and note environmental issues associated with the Wetland Protection Act that should be considered at the time the NOI is applied for. S. Trak Review:Review the traffic information for accuracy,completeness and for specific issues related to the site.Written comments will be included in the engineering review report. 6. Project Management: Provide a preliminary review of the site plan submission for the purpose of establishing a detailed budget with upset limit for engineering services for the scope of services contained herein.Plan,monitor and coordinate the review efforts. Services Not Included The following additional services are not provided in this scope of work: 1. Review of Architectural plans or any structural design. 2. Review of lighting design. 3. Review of sprinkler system design or any mechanical engineering design. 4. Attendance at project or public meetings. Should services be required in these areas,or areas not previously described,the ENGINEER will prepare a proposal or amendment,that contains the Scope of Services,Compensation,and Schedule to complete the additional services. Two oho&Wt of this AurhorizMan need to he wcured. One ort!b[need$M be rwardcd ro AecOunHR Cowroer Prkr. a to s \1 .4WAMM6716WoaWwan\Ckt4wh-MeertngHou$eConniona-CompPemu.doc I Bob Nicetta From: Chief William Dolan Sent: Monday, October 15, 2001 12:52 PM To: Chief Richard Stanley; Heidi Griffin; Jacki Byerley; Lt. Andrew Melnikas; Mark Rees; Ray Santilli; Bill Hmurciak; Bob Nicetta; Deputy Ed Morgan Cc: 'tomz c@mediaone.net' Subject: Meetinghouse Commons Last week Bill Hmurciak and I met with Mr. Jack Foley and Mr. Tom Zahoruiko regarding the issue of the connection of South Bradford Street to the newly proposed Meetinghouse Commons. The meeting took place where the connection would be made. Mr. Foley represented not only himself but his neighbors this connection is opposed by them. I explained that I was the person responsible for pushing for the connection in the interest of response time to the proposed residences which would be nearest the Foley's property line. I asked Mr. Zahoruiko to have his engineer prepare two time study based upon the proposed layout of the new road with a starting point at Coventry and Dale St. using a travel time of 35 miles per hour. The end point would be the last house in Meetinghouse Commons closest to the Foley's. The first route would travel down Coventry to the end point and the second would take the new proposed entrance off Dale to the end point. Once these were submitted to me 1 would make a decision regarding my position on the connector road. Mr. Zahoruiko has agreed and has submitted the time studies to the Town Planner for review by the Zoning Board. The Coventry access was 2.4 seconds faster using the original layout of the subdivision. Since each residence is to be residentially sprinklered our primary concern is for ambulance response. Mr. Zahoruiko has also amended the plans which eliminates seven houses in the area near the Coventry end. This has resulted in increasing the distance between Meetinghouse Commons and Coventry. For these reasons I have reassessed my position regarding the connection road. I am now convinced that the public safety of the future residents of Meetinghouse Commons will not be adversely affected by the elimination of the connection road to Coventry Estates and would ask that you support the revised plan by Mr.Zahouriko which eliminates the connector road to Coventry. a 4 THOMAS D. ZAHORUIKO, CFP 185 Hickory Hill Road, North Andover, MA 01845 RECENEU 978-687-2635 Fax: 978-689-2310 E-mail: tomz@NTel: HA4`J K NORTH ANDOVER tool OCT IS P 12: 4 u Heidi Griffin, Town Planner October 13, 2001 Town of North Andover Office of the Planning Department 27 Charles Street North Andover, MA 01845 Re: Meetinghouse Commons Dear Heidi: Please review the attached correspondence to Chief Dolan, which resulted from my meeting with the Chief and Bill Hmurciak of DPW last week. Since I believe your suggestion to connect South Bradford Street to the existing Christmas Tree Estates cul-de-sac was based on public safety concerns, and since the Meetinghouse roadway is intended to be privately owned, maintained, and serviced, I hope you can dsicuss with the Board and reconsider response item#2 of your r review. I hope that this analysis will give you comfort that the suggested connection of South Bradford Street to the Christmas Tree Estates cul-de-sac is not in the interest of public safety. Please contact me to discuss any concerns. Sincerely, mas D. Zahoruiko. i I THOMAs D. ZAHORUIKO, CFP 185 Hickory Hill Road, North Andover, MA 01845 RECEIVED Tel: 978-687-2635 Fax: 978-689.2310 E-mail: tomz@rn!A eP18R9 tDSHAW TOWN Cl ERK NORTH ANDOVER 2001 OCT I P 12* 4LI J. Willian Hmurciak, Director October 13, 200 Town of North Andover Department of Public Works 384 Osgood Street North Andover, MA 01845 Re: Meetinghouse Commons Dear Bill: Please review the attached correspondence to Chief Dolan, which resulted from our meeting last week. Since I believe your staffs suggestion to connect South Bradford Street to the existing Christmas Tree Estates ince the Meetinghouse roadway is intended to be privately cul-de-sac was based on public safety concerns, ands g Y p Y p Y owned, maintained, and serviced, I hope you can reconsider response item#2 of your departments' review. I hope that this analysis will give you comfort that the suggested connection of South Bradford Street to the Christmas Tree Estates cul-de-sac is not in the interest of public safety. Please contact me to discuss any concerns. Sincerely, mas D. Zahoruiko THOMAS D. ZAHORUIKO, CFP 18S Hickory Hill Road, North Andover, MA 01845 rr _1VED Tel: 978-687-2635 Fax: 978-689-2310 E-mail: tomz@mediat �tDSIiA �i U T0WN CLERK NORTH *HOOVER 2001 OCT 15 P 12* 11U Chief William Dolan October 13, 2001 Town of North Andover Fire Department Main Street North Andover, MA 01845 Re: Meetinghouse Commons Dear Chief Dolan: Since our meeting last week, I have recieved the Travel Time Survey Comparison Study which we discussed. This research was requested to determine the Response Time to the proposed Meetinghouse Commons at Smolak Farm project via Dale Street or Coventry Lane to the most remote portion of the site from either potential access route. The comparison was based on the presumed revision of the "South Bradford Street"portion of the site, which would shorten that roadway to STATION 15+60, per the attached proposal. The conclusion to the study was that the Dale Street route is quicker to the vast majority of the site, and that the Coventry route would only be 2.4 seconds faster to one small part of the project, under best case. The study did not account for the fact that the Coventry route requires an additional slow-down and turn, as well as the fact that the Coventry route is substantially more densely developed than Dale Street, which would likely result in slower response speeds in many cases. Also, as we discussed, the residents in the Coventry neighborhood and I believe that a connection of the proposed Meetinghouse roadway to thier roads, which are winding and narrow in many areas connecting through to Salem Street, would create a more unsafe or hazardous condition for the local residents. I hope that this analysis will give you comfort that the suggested connection of South Bradford Street to the Christmas Tree Estates cul-de-sac is not in the interest of public safety. Please contact me to discuss any concerns. Sincerely, Z� omas D. Zahoruiko Oct- 12-01 06: 31P DJK & Associates , Inc . 9786642444 P . 01 ®JK Dermot J. Kelly AssociRI�IONK Traffic EngineeringfjWgLO4MtiArDl rfivPg TOWN CLERK 280 Main Street, Suite 204 NORTH ANDOVER North Reading, MA 01864-1300 Office: 978-664-2205 2001 OCT 15 P 12: 4 U Fax: 978-664-2444 Ref 546 Via Fax Only October 12, 2001 Mr. Thomas D. Zahoruiko Tara Leigh Development, LLC r 185 Hickory Hill Road North Andover, MA 01845 RE; Dale Street North Andover, MA Dear Tom, At your request we conducted a Travel Time Survey Comparison for two alternative routes ? between three common points. Point A is a common point to both routes, the intersection of Dale Street and Coventry Lane. The other two common points were point B at Station 2+50 on Road "B" and point C at Station 15+60 on South Bradford Street. The following is a brief description of each route: • Route A - B via the site would include Dale Street to the proposed South Bradford Street to Road A to Road B to Station 2+50. • Route A - B via Coventry Lane would include Coventry Lane to a possible extension South Bradford Street to Road A to Road B to station 2+50. • Route A - C via the site would include Dale Street to the proposed South Bradford Street to 1 Station 15+60. • Route A - C via Coventry Lane would include Coventry Lane to a possible extension South Bradford Street to station 15+60. j j The average travel speed was assumed to be 35 miles per hour or 51.3 feet per second. As shown below Route A - B through the site is 1,460 feet shorter and 28.4 seconds quicker than Route A - B via Coventry Lane. Route A - C through the site is 125 feet longer and 2.4 seconds longer than Route A - C via Coventry Lane. Based on this analysis providing a possible connection between South Bradford Street and Coventry Lane does not provide a substantially shorter or quicker alternative travel route to the site. j 546-L103 Zahoruiko,Thomas-North Andver,MA { Oct-12-01 06 : 31P DJK & Associates , Inc . 9786642444 P . 02 Dermot J. Kelly& Associates,Inc. ® /K Traffic Engineering/Transportation Planning Mr. Thomas D. Zahoruiko October 12, 2001 Page 2 TABLE 1 TRAVEL TIME SURVEY COMPARISON Route Distance Travel Comparison Time at 35 mph Route A- B 5,025 feet 98.0 Seconds Route A - B through the site is 1,460 feet shorter and 28.4 Via the Site seconds quicker than Route A-B via Coventry Lane. Route A- B 6,485 feet 126.4 Seconds via Coventry Lane 4,110 feet 80.1 Seconds Route A - C through the site is 125 feet longer and 2.4 Route A-C seconds longer than Route A-C via Coventry Lane. Via the Site Route A-C 3,985 feet 77.7 Seconds Via Coventry Lane Upon your review of this analysis please do not hesitate to call me with any questions, comments and/or if you require any additional information. Sincerely, ;DLEROT J. KELLY CIRT C. Dermot J. Kelly, PE, PT OLS President DJK/djk Enclosure cc: File 546-L103 Zahoruiko,Thornes-North Andver,NIA Vlo 1 �5C41 NOTice fey P ,0/09/01 TUE 12:56. FA% 978 688 9573 NORTH ANDOVER DPW ' TOWN OF NORTH AN13OVJER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 01845-2909 J.WILLIAM HMURCIAK.,DIRECTOR,P.E. 1 Tinyothy.l. Willett raQ*h Telephone(978)685-0950 Staff Engitseer 3�csr` e yOo� Fax(978) 688-9573 o � A s s •t -i October 9,2001 �'ss�c.0 Mr. William Sullivan Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 RE:Meeting House Commons Subdivision Plan Review Dear Ms. Sullivan: The Division.of Public Works has reviewed Meeting House Commons at Smolak Farms and has the following comments to make. I. The proposed roadway slope of 8.57%on South Bradford Street at station 15+50 is steep. The effort should be made to reduce this slope to less than 8%by cutting and filling as necessary. 2. The proposed"Breakaway Gate Barrier"at station 19+40 of South Bradford Street should-not be constructed. South Bradford Street should be continuous. The existing driveway for house#522 South Bradford Street will have to be upgraded to a roadway to match the proposed section of South Bradford Street. The existing nearby cul-de-sac would be eliminated as a result. 3. The town's next water main replacement project will replace the existing 6"water main on South Bradford Street with a new 12"water main, which will have to be connected to the proposed 12"water main on South Bradford Street for Meeting House Commons. The proposed water main on Dale Street toward Glencrest Drive should be 8"diameter to be consistent with existing water mains for that part of Dale Street. 4. The proposed sewer pump station should be designed to accept sewage from the town's future sewer project on Dale Street,known as the Phase 3D Sewer Project. The capacity,depth,and location of the sewer pump station should be determined so that a gravity connection from the Phase 3D Sewer to the sewer for Meeting House Commons can be constructed. The town's sewer consultant,Guertin&Elkerton Associates,and MHF Design Consultants should be working together to coordinate the design of the sewer system in this area. 5. The sewage from this development will be pumped and eventually flow to the sewer pump station on Blue Ridge Road near Salem Street. An analysis of the Blue Ridge Road Sewer Pumping Station should be conducted to determine if it can handle the increased sewage flows. a lP/09/01 TUE 12:56 FAX 978 688 9573 NORTH ANDOVER DPW Page 2 10/09/01 Very truly yours, f Timothy J. Willett Staff Engineer CC: Bill Hmurciak Dennis Bedrosian Tom Zahoruiko TOWN OF NORTH ANI DOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 01845-2909 " i MEETINGHOUSE COMMONS LLC 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 fax 978-689-2310 October 8, 2003 Mr. Robert Nicetta,Zoning Officer, and Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Endorsement Plans for Meetinghouse Commons at Smolak Farm Dear Mr.Nicetta and Zoning Board of Appeals: Per our discussion last Friday, October 3rd,attached is the mylar endorsement set of plans for Meetinghouse Commons. As we discussed,I am hoping that these plans can be endorsed at the October 14, 2003 ZBA meeting, so that we can commence work shortly. Please contact me with any questions or concerns,or if I can help in any way in expediting this endorsement. Thank you for your timely response and attention to this matter. keetingghouse ly, D. Zahoruiko, Manager Commons LLC A �l OCT It 2003 BOARD OF APPEALS Town of North Andover f NORTI, Office of the Planning Department o? n Community Development and Services Division 27 Charles Street " ° .. North Andover,Massachusetts 01845 "ss^CHUS cog Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 MEMORANDUM TO: Zoning Board of Appeals FROM: Heidi Griffin, Town Planner CC: North Andover Planning Board RE: Meetinghouse Commons-Smolak Farm Comprehensive Permit Application DATE: October 5,2001 I am performing this review at the request of the North Andover Planning Board. The applicant proposes to construct 93 residential dwellings on approximately 30 acres of land. The developing is comprised of 14 attached townhouse residential units; 26 attached garden style residential units; and 53 single family cottage homes. The development will be proposed to be restricted to adults over the age of 55 years. Each home will be provided with a minimum of two parking spaces. My review is as follows: 1. The applicant should make every attempt to connect the proposed road to the adjoining subdivision road(I believe this is known as Christmas Tree Estates). 2. I am of the understanding that much of the property on Smolak Farm is protected by an agricultural preservation restriction which states some of the property cannot be developed. The applicant should prove to the Zoning Board that the parcel, of land they are developing is not subject to this restriction. 3. The proposed road grades of Road A vary from 1.0% to —3.37% to 7.0%to — 5.39%. The proposed road grades of Road B vary from—4.5%to—7.33%to 7.49%. The proposed road grades of Road C vary from—5.5% to 7.24%. The road grades should be reviewed by an outside consultant to ensure the cutting and filling to achieve these road grades will be done in a manner consistent with standard engineering practice. Obviously, the consultant should also review the proposed drainage, sewer plans, etc. The consultant should ensure the proposed turning radius is ample for fire trucks, emergency vehicles, etc., particularly if the roads are unable to be connected. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PLANNING 688-9535 4. The applicant has submitted their Notice of Project Eligibility, and will be utilizing the New England Fund program for financing purposes. 5. The 25% of the units which will be utilized for low income housing should be given to the Town in perpetuity. This will ensure the town's percentages for compliance for affordable housing will be sustained. Other towns are now facing the issue of having only mandated affordable units remain affordable for 15-30 years; suddenly, 15 years later, when they have finally met their required 10% of affordable housing, their percentages drop back down again. 6. If the development is the remain 55 years of age or older, the applicant should provide deeds and/or covenants to that effect. Similarly, as in many other developments throughout town that propose a private roadway, the applicant should address issues such as trash pick-up, maintenance of detention structures, etc. Will these be maintained by the owners of the development is the roadway is to remain private? If so, the applicant should place these conditions in a covenant that is provided to prospective buyers of the development. This is an important issue as the town has faced many owners coming back to Town Meeting years after receiving approvals and petitioning the Town for public trash pick-up, road maintenance, etc. If the conditions of the covenant are clearly spelled out, it puts the Town in a better position to say no to these requests for additional services. 7. The traffic impact report indicates that the traffic at this intersection typically operates at either a Level of Service A or B (which are the two best levels of service indicators for traffic). The impact report suggests that access be achieved by a single driveway; that roadside vegetation , landscaping etc. be provided in both directions throughout the life of the project (again, another item for covenants, etc.); the access/egress driveway consist of a 24' wide cross-section with a 12' lane for entering and exiting traffic; a STOP bar and single white lane line be placed at the intersection with Dale Street to separate the right-tum and left-turn lanes; and advanced warnings signs be placed along Dale Street both east and west of the access/egress driveway. These items should be carefully taken into consideration by both the applicant and the outside consultants reviewing the proposed development to ensure that the optimal traffic scenario is achieved for this development. cc: Tom Zahoruiko, Meetinghouse Commons, LLC MEMORANDUM TO: William Sullivan,Chairman North Andover Zpning Board of Appeals ` FROM: Scott L. Masse, ((Chairman North Andover.Conservtion Commission . 4 I The North Andover Conservation Commission (NACC)has conducted a preliminary review of the Meetinghouse Lane c.40B comprehensive.permit application. We offer the follovying comments for the Zoning Board of Appeal's(ZBA) consideration: -As the ZBA may be aware; the-NACC-has jlirts�rjctioriatrevtdw-over any work that., occurs.wdhin 100 feet of-a wetland resource area(i.e.,,"the Buffer Zone"). Jurisdiction is derived under the Massachusetts Wetland.Protection Act arld Regulations(see �10 CMR 10.00)_and the more stringent, North Andover Wetland Protection ByLaw and Regulations(see c.17&ofthe-Code-ofNorth Andover)-Appf ants-that propose work within the Buffer Zone must file a Request for Determination of Applicability and/or a Notice of Intent application with the NACC for review and suesgquent approval. . -As the ZBA is also aware, and in accordance with C. 40B regulations, the project is"not subject to revue incfade the above mentioned Wetland Protection Bylaw._Those portions of the project occurring within the Buffer Zone, however, remain subject to review under the Mossachusetts Wetlad Protection Act (MGL c.131 s.40). .Jurisdiction under the state Act is not waived. rThe Applicant is aware of the-need-to-fite a Notice of _fritentappficatLon with-the-NACC-atter the ZBA review process is complete and prior to starting construction. - While the project.may or may not be subject to review undert the Wetland Proteci<ion ByLaw, the Applicant has made efforts to comply.accordingly"with the performance standards'referencecthereir ,r ' to the 25-foot yo- . Disturbance Zone and 50-foot No-Disturbance Zone,and75-foot No-Construction Zone from the edge of two vernat pool habitat areas.also in accordance with the local Wetllnd Protection ByLaw. It is important to note that the state Act performance standards"do not mandate such-s -The proposed.Bordering_Vegptated Wetland (BVW) delineation was formally approved by the NACC earlier this year through a Positive Determinationpf Applicability and iso accurately depicted on project site plans. This wetland line approval remains valid for a period of three"ca rs._.. i -The subject parcel does ot'lie within the Lake Cochichewigk Watershed Protection , District. -The Applicant will need to demonstrate through the Notice of Intent application process wetlandthat n irti0 53 (3)(e)) ha a been avoided, minimized andmtiged (througheplican)wherever practicable. We appreciate the opportunity to comment on this application and look forward to working with ZBA and the Applicant throughout this process. � i I I di k i� Petition Town of North Andover: Zoning Board of Appeals We the undersigned, who are abutters and affected neighborhood homeowners, ask the Town of North Andover Zoning Board of Appeals to seriously.consider and respect our compelling interests as you hear and rule on the appeal for the issuance of a Comprehensive Permit authorizing construction of the M.G.L. Ch.40B Section 20-23 "affordable"housing development to be called"The Meetinghouse Commons at Smolak Farm". The land, within the R-1 Zoning District [two-acres per residence] is proposed to sustain development of less than one-third acre per residence. We passionately believe this proposed six-fold increase in density requires special consideration of the impact on the wonderful neighborhood it would impact. Our primary concern is the that this proposed development not bring about the connection of South Bradford Street from Lancaster Circle and Blue Ridge Road to Dale Street. Currently this section continues past Coventry Lane, and ends in a cul de sac. Creation of a"through road"here would fundamentally change the traffic patterns within this insulated neighborhood and its many children . Providing a connection from Dale Street through to Salem Street would create unsafe levels of traffic through a roadway poorly designed to handle it—and unable to handle it safely. South Bradford Street in this area winds through a wetland dictated path that provides very short sightlines and already requires careful attention from pedestrians at the mere sound of an oncoming, and unseen until it is upon you,vehicle. The respect the neighbors show by the prudent speeds typically driven limit the safety risks. We believe the threat to safety would expand dramatically, [and perhaps tragically], if this South Bradford Street were to j become linked to Meetinghouse Commons and through to Dale Street. We believe an essential part of any accommodation of this proposed development would be the permanent closing of this connection option. Creation of an expanded buffer zone would be our second concern. The existing single family neighborhood and the 40B Affordable Housing 55+proposed development are two very different types of communities and both would be well served by preserving a substantial section of wooded land—an additional buffer zone -well beyond the fifty feet now provided. f Thank you for your consideration Respectfully, N eress Add 1-10 as Viol Neighbors Petition regarding proposed Meetinghouse Common @ Smolak Farms before Town of North Andover, Zoning Board of Appeals [continued] or i L4 Cv L, 3q5 Kj F5 �s�l 1 0-1z Neighbors Petition regarding proposed Meetinghouse Common @ Smolak Farms before Town of North Andover,Zoning Board of Appeals [continued] D"ne- Clceyck,& �q&ULc Y &-ee-A�tol Lt zc� 5 10 0 �OU fld gI 131 ��C _ s' �oY l�(Ly�..�r• G cru Mark o eS [uu ki � aa� •�, Ta�,� )10 QM - � i Neighbors Petition regarding proposed Meetinghouse Common @ Smolak Farms before Town of North Andover, Zoning Board of Appeals [continued] Name Address c L—&�A 57 hlzey < � a� t C'�o t 0 tl eotttw_ 4A.�� e k C.Are 1 c� i �t- 5 y 5 i / f • 1 1 ' j I � i from the desk of Mary Leary-Ippolito M-E-M-O r TO. ATS`. AR 1 { I / ASC oNC- i I M-E-M-O-R-A-N-D-U-M I TO: Bob Nicetta Cc: Bill Sullivan/ZBA FROM: Mary Leary-Ippolito . DATE: 9/12/2001 SUBJECT: Update of action items for Comp. Permit at Smolak Farm. Please be advised that I have coordinated the following items relative to the Comprehensive Permit for"Meeting House Commons at Smolak Farm. j • I am in receipt of 12 copies of the application and plan of land dropped off by Tom Zahoruiko. • I will require 6 more copies of the application and plan of land for the ZBA members, Tom has agreed to drop them off by Monday of next week. I • I will place the Comp. Permit on the ZBA September 18, 2001 agenda under NEW BUSINESS: for purposes of discussion only by ZBA • I have set-up a Comprehensive Permit meeting for September 18, 2001 at 4:30 PM with the Town Boards, etc. and backed up to hard copy and E-mail to the attendees. • Establishing an escrow account with Roberta/Treasurer's office for deposit in the amount of$4,650.00. • Per a phone conversation with Tom Zahoruiko of this morning I advised him to pick up the legal notice today and take it to the Tribune in time for it to be advertised on Sept 256' &Oct 2°a I will supply you with any further information should there be a need to do so. MI/status Town of Forth Andover NOR=N " o° Office of the Zoning Board of Appeals mo= 4t�lp Community Development and Services Division �o 27 Charles Street North Andover, Massachusetts 01845 �'SSAC U qty D. Robert Nicetta Telephone(978)688-9541 Building Commissioner M-E-M-O-R-A-N-D-U-M Fax(978)688-9542 TO: Planning Board/Chairman Board of Selectmen/Chairman Conservation Commission/Chairman j Board of Health/Chairman Department of Public Works Fire Chief Police Chief FROM: Mazy Leary-Ippolito, Secretary' for the Zoning Board of Appeals DATE: September 11, 2001 SUBJECT: Comprehensive Permit meeting Please be advised that you are requested to attend a meeting scheduled for next Tuesday, September 18, 2001 at 4:30 PM at the Community Development conference room (27 Charles Street) to discuss the submittal of a Comprehensive Permit to construct a 93 unit ownership condominium project consisting of 40 townhouse and garden style units and 53 detached cottage style homes, to be called "Meeting House Commons at Smolak Farm" on land of approximately 30 acres, located on South Bradford St., North Andover, MA. The project will be age-restricted to residents of a minimum of 55 years of age and will consist of at least 25% (or 24) of the homes available as "affordable"homes. A copy of the application and plan of land will be provided to you at the time of the meeting. Your attendance and written input is requested at this meeting, as this request for a Comprehensive Permit requires notification to all Boards, and inter-departmental personnel. The public hearing is scheduled for Tuesday, October 9, 2001 at the Senior Center and time is of the essence since the applicant must be heard within a 30 day time period. Thank you for your concern in this matter. Cc: Mark Rees/Town Manager Robert Nicetta/Building William Sullivan/ZBA Walter Soule/ZBA Atty. Thomas Urbelis Ml/compermit BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ' Town of North Andover �!�",�'�„o RTF1 qti Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street �i9 Dq�TfD I.Pf" North Andover,Massachusetts 01845 SSq�Hu5�4 D. Robert Nicetta Telephone (978)688-9541 i Building Commissioner,k M-E-M-O-R-A-N-D-U-M� - -%L Fax(978)688-9542 f TO: (id t Planning Board/Chairman A"- Q� C .1 0 eve y V �/ \v -Board of Selectmen/Chairman <AAA,, � Conservation Commission/Chairman J �► �. i Board of Health/Chairman aogvd� Department of Public Works ?i ix 4,44e �►p` Fire Chief - boi AV � • �ti .Police Chief — S1-4dl (-- MA4� J ��,k FROM: ry, ,� 1j;/� ��M 4,�e fc K 1 Mazy Leary-Ippohto, Secretary ! 0-r r In A ; 4 for the Zoning Board of Appeals h q fel C'°Oy Also DATE: September 11, 2001 SUBJECT: Comprehensive Permit meeting Please be advised that you are requested to attend a meeting scheduled for next Tuesday, September 18, 2001 at 4:30 PM at the Community Development conference room (27 Charles Street) to discuss the submittal of a Comprehensive Permit to construct a 93 unit ownership condominium project consisting of 40 townhouse and garden style units and 53 detached cottage style homes, to be called "Meeting House Commons at Smolak Farm" on land of approximately 30 acres, located on South Bradford St., North Andover, MA. The project will be age-restricted to residents of a minimum of 55 years of age and will consist of at least 25% (or 24) of the homes available as "affordable"homes. A copy of the application and plan of land will be provided to you at the time of the meeting. Your attendance and written input is requested at this meeting, as this request for a Comprehensive Permit requires notification to all Boards, and inter-departmental personnel. The public hearing is scheduled for Tuesday, October 9, 2001 at the Senior Center and time is of the essence since the applicant must be heard within a 30 day time period. Thank you for your concern in this matter. Cc: Mark Rees/Town Manager Robert Nicetta/Building 9 William Sullivan/ZBA e oWalter Soule/ZBA �Atty. Thomas Urbelis Ml/compermit BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Mary Ippolito From: Chief William Dolan Sent: Tuesday, September 11, 20012:06 PM To: Mary Ippolito Subject: RE: Comp Permit Meeting 9/18/2001 010 SEP 1 22001 The Fire Department will have a representative present. Thank you. BOARD OF APPEALS -----Original Message----- From: Mary Ippolito Sent: Tuesday,September 11,20011:16 PM To: Bob Nicetta; Mark Rees;Heidi Griffin; Kathy O'Neill; Karen Robertson; Linda Magee;Sandra Starr;Jim Rand;Chief Richard Stanley; Chief William Dolan Cc: Mary Ippolito Subject: Comp Permit Meeting 9/18/2001 Comprehensive Permit meeting on 9/18/2001 at 4:30 PM at 27 Charles Street office. Please read the attachment for further information. Thanks, Mary << File: compermit.doc>> I i, 1 t Town of'North Andover of NORYk 9 Office ®f the Zoning Board ®f Appealsoa 'ay�`eo�6��OL Community Development and Services Division 27 Charles Street _ �'« North Andover,Massachusetts 01845 �9SsaCHUOg S 4�y D. Robert Nicetta °" Telephone (978) 688-9541 Building Commissioner "2 � Fax (978) 688-9542 September 5,2001 Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 Meetinghouse Commons at Smolak Farms 185 Hickory Hill Road North Andover,MA 01845 Regarding: Comprehensive Permit application Dear Mr.Zahoruiko, Your application of August 30,2001 regarding the Comprehensive Permit for Meetinghouse Commons at Smolak Farm is incomplete;therefore, it is invalid at this time. It is not in accordance with the Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals for the Town of North Andover dated March 13,2001,a copy of this document is attached. Please be advised that Section 3 of the Rules and Regulations pertaining to:Filing,Time Limits and Notice has not been properly addressed per your Comprehensive Permit application. I suggest that you consult with the Building Commissioner,Mr.D.Robert Nicetta, because of the complexity and incompleteness of the Comprehensive Permit application to make sure that all the areas of Section 3 has been addressed properly. Please provide a new application with the proper number of copies and date stamped by the Town Clerk's office. Thank you in advance for your immediate attention to this matter. Sincerely, Lt? William J. ullivan,Chairman Attachment Zoning Bo rd of Appeals Cc: Robert Nicetta/Building Commissioner Joyce Bradshaw/Town Clerk Ml/comppermit DOARD OF-APPEALS 688-9541 BUILDING 688-9;45 CONSERVATION 698-9530 HEALTH 688-954+7 PLANNING 688-9535 �...� TOWN OF NORTH ANDOVER Comprehensive Permit Rules and Regulations of the ZONING BOARD OF APPEALS Section { 1.00 . Purpose and Context -2.00 Definitions 3.00 Filing, Time Limits and Notice 4.00 Review of Applications and Review Fees 5.00. Public Hearing and Decision 6.00 Appeals 7.00 Effectiveness 1.00 Purpose and Context f ' These,rules establish the procedures of applications to the Zoning Board-of Appeals for comprehensive permits, under MGL Chapter 40B, Sections 20-23 (Chapter 774 of the Acts of 1969,.the "Act"). The rules are required by MGL Chapter 40B; Section 21, as amended by Stat. 1989, c. 593, and by CMR 31.02. These rules are to be read in conjunction with, and implemented in, a manner consistent with the complete regulations of the Housing Appeals Committee, 706 CMR 30.00 and 31.00, r and with the Guidelines for Local Review of Comprehensive Permits,published periodically by I the Department of Housing and Community Development. In addition,.the Board's general rules for conduct of hearings under MGL Chapter 40A apply to comprehensive permit applications. In case of inconsistency or conflict between those general rules for conduct and these rules, these rules shall govern. 2.00 Definitions (a) "Board"means the North Andover Zoning Board of Appeals. (b) "Local board"means any local board or official, including, but not.limited to any board of health; planning board; conservation commission; historical commission; fire department; police department; building inspector; board of selectmen; and housing partnership committee. 3.00 Filing, Time Limits and Notice 3.01 The application for a comprehensive permit shall consist of sAwp51\work\n-andove\permit mtes.doc t1 TOWN OF NORTH ANDOVER Comprehensive Permit Rules and Regulations of the ZONING BOARD OF APPEALS Section 1.00 . Purpose and Context .2.00 Definitions 3.00 Filing, Time Limits and Notice 4.00 Review of Applications and Review Fees 5.00. Public Hearing and Decision 6.00 Appeals u I 7.00 Effectiveness , 1.00 Purpose and Context i . i ' These.rules establish the procedures of applications to.the Zoning Board of Appeals for ` comprehensive permits, under MGL Chapter 40B, Sections 2 -23( Chapter 774 of the Acts,of I 1969,.the "Act"). The rules are required by MGL Chapter 40B; Section 21,-as amended by Stat. 1989, c. 5.93, and by CMR 31.02. These rules are to be read M— conjunction with, and implemented in, a manner consistent with the complete regulations of the Housing Appeals Committee, 706 CMR 30.00 and 31.00, and with the Guidelines for Local Review of Comprehensive Permits,published periodically by the Department of Housing and Community Development_ In addition,.the Board's general rules for conduct of hearings under MGL Chapter 40A apply to comprehensive permit applications. In case of inconsistency or conflict between those general rules for conduct and these rules, these rules shall govern. 2.00 Definitions (a) "Board"means the North Andover Zoning Board of Appeals. (b) "Local board"means any local board or official, including, but not.limited to any board of health; planning board; conservation commission; historical commission; fire department; police department; building inspector; board of selectmen; and housing partnership committee. 3.00 Filing, Time Limits and Notice 3.01 The application for a comprehensive permit shall consist of: sAwp5 Rwork\n-andove\permit mles.doc tJ . (a) .preliminary site development plans showing the Iocations and outlines of proposed buildings; the proposed locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas; and proposed landscaping and open areas within the site. An applicant proposing to construct or rehabilitate four or fewer units may submit a sketch of the matters in sections 3:01(a) and 3.01(c), below, which need not have an architect's signature. All; structures of five or more units must have site development plans signed by a registered architect. (b) a report on existing site conditions.and a summary of conditions in the surrounding areas, showing the location and nature of existing buildings, existing street elevations, traffic patterns and character of open areas, if any, in the neighborhood. This submission may be combined with the information required in section 3.01(a) above; (c) preliminary, scaled, architectural drawings. For each building the drawings shall be signed by a registered architect, and shall include typical floor plans, typical elevations, and ! sections, and shall identify construction type and exterior finish; (d) a tabulation of proposed buildings by type, size (number of bedrooms, floor area) and I ground coverage, and a summary showing the percentage of the site to be occupied by buildings, I� 1 by parking, by paved vehicular areas`(access roads and driveways), and by open areas; (e) where a subdivision ofland is involved, arelimin p ary subdivision plan; . (f) a preliminary utilities plan showing the proposed location and types'of sewage, drainage and water facilities, including.hydrants; ! (g) documents showing that the applicant fulfills the jurisdictional requirements of 760 j CMR 31.0.1,.that is, (i) the applicant shall be a public agency, a non-profit organization, or a limited dividend organization, (ii) the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and, (iii) the applicant shall control the site; (h) a list of requested exceptions to local requirements and regulations, including local codes, ordinances, by-laws or regulations; (i) all plans shall be on sheets 24 inches by 36 inches (24"x 36") in size, at a scale of one inch equals forty feet (1" = 40'). Detailed areas may be at one inch equals twenty feet (1- 20'); 1"20'); (j) applications shall be made on forms provided by or obtained from the Zoning Board of Appeals office; 2 /'k6 C�mv,�e�P�f;✓� P,efi j 7 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS ' PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: ' a SPECIAL PERMIT The PF ce of the Zoning oard of Appeals schedules thea applicant for a hearingdate and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be completed. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17, within twenty (20)days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will he stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required o information, the petitioner requests from the Assessors o x o Office a certified list of Parties in Interest (abutters). rn �o -o sgmrn z; > ni :�nr--D< D (Drncorn C);�ocno M > IMPORTANT PHONE NUMBERS: 978-88&9501 Town Clerk's office S 20 01 978-688-9545 Building Department 978-888-9541 Zoning Board of Appeals Office BOARD OF APPEALS PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover MA 01845__ Thomas D. Zahoruiko, Manager `t-7 g, 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Smolak Farm Nominee Trust - H. Michael Smolak, Jr. Trustee q r., �i 3 1 SU��r.�':•.c�i h��,Q `>t�cwt )Je��� *\�u c..Z� r. r , „ Years Owned Land: 75 Years 3. Location of Property: a. Street: South Bradford Street Zoning District Residential One (R-1) b. Assessors: Map number 104C Lot Number: Lot 31 & Lot 28 c. Registry of Deeds: Book Number 6333 Page Number: 359 . 4. By-Law Sections under which the petition for the Special Permit is made. Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Anneals_ and MGL Chapter 40B, sections 20-23. +Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Comprehensive Permit for 93 residential dwellings and a community meetinghouse as detailed in the enclosed application and plans. "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT t NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 30.2 ac. n/a n/a % 1900' n/a n/a n/a n/a n/a b. Proposed Lot (S): yLot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 30.2 ac. 76% (+/-) 24 % (+/-)% 1900' 250 (+/-) 10' 10, 10' 10' c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear j Not Applicable % see MGL Chapter 40B, Sections 20-23 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building' of Units n/a n/a n/a No existing buildings. 'Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number j Square feet Floors Sq. feet Building' of Units See Attached Building Summary — *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this applicati The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve th a plicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal no if ion. Failure to comply with application requirements, as cited j herein and in the Zoning Board ules and Regulati s may result in a dismissal by the Zoning Board of this application as incomplete. Signature TYPe above me (s) hero Thomas D. Zahoruiko, Manager - Meetinghouse Commons LLC I I PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1. North point and P 9.2 Special Permit Granting Authority shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of the 3. names of streets below points individually is required with this 4• wetlands to be shown on plan (if applicable) r application. 5. abutters of property,within 300 foot radius 6. location of buildings on adjacent properties within 1. The particular use proposed for the land or structure. 50'from applicants proposed structure 2. The specific site is an appropriate location for such 7. deed restrictions, easements use, structure or condition. B. Legend& Graphic Aids: 3. There will be no nuisance or serious hazard to 1. Proposed features in solid lines&outlined in red vehicles or pedestrians. 2• Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan 5. The use is in harmony with the purpose and intent of 5. Title of Plan the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of A interior of building plans will be required when the PPI 9 Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's projects including decks, sheds,& garages shall be Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following whether existing or proposed: a) five or more parking A. Notification Fees:Applicant is to send by certified spaces, b)three or more dwelling units, and mail all legal notices to all abutters, and then c) 2000 square feet of building area. supply proof of mailing to ZBA secretary`.' Applicant is Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1) set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$_50.000r application. b) Plan prepared by a Registered Professional Engineer and or Land surveyor,with a block for five(5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two(2)years if not exercised and a new petition must be submitted. (k) at lease twelve (12) copies of all plans and documents required under this section shall accompany an application for a comprehensive permit; 3.02 The application shall be accompanied by an advertising fee in the amount of$13 0.00, aj a filing bee based upon the number of proposed housing units of.• (a) for limited dividend organizations $50.00 per unit (b) for non-profit organizations $25.00 per unit (c) for public agencies and local Non per-unit fee There shall be no filing fee for any application proposed as a Local Initiative project pursuant to 760 CMR 45.00. f 3.03 Within seven (7) days of the filing of an application for a comprehensive permit, the Board shall notify each local board of the application by sending such board a copy of ail plans, E documents, and other information required by section 3.01 above. The Board may request comments, reports or recommendations in vv�iting.from local boards:which.have reviewed the application, and such comments, reports or recommendations shall be.included in the the proceedings (the hearing). record of 4.00 Review Fees 4.01 If, after receiving an application for a comprehensive permit, the Board determines that a proper review of the application requires technical assistance unavailable from municipal ! employees or local boards, or upon advice and recommendation of a local board, the Board may employ or retain outside consultants to perform such reviews. Whenever possible the Board will work cooperatively with the applicant to identify appropriate consultants and to negotiate payment of part or all of theconsultant fees by the applicant. Alternatively, the Board may, by majority vote, require.that the applicant pay a reasonable review fee for the employment of outside consultants chosen by the Board alone. 4.02 A review fee may be imposed only if. (a) the work of the consultant consists of review of studies prepared on behalf of the applicant; and not of independent studies on behalf of the Board; (b) the work is in connection with the applicant's specific project; and (c) all written results and reports are made part of the record before the Board. 4.03 A review fee maybe imposed only after the Board has complied with the form Procurement Act MGL Chapter 30 p B, Sections 1-19, and the following additional requirements: (a) For services in an amount less than $25,000 the Board shall issue an invitation for bids conforming to the requirements of MGL Chapter 30B, Section 5 or a request for proposals (RFP) conforming to the requirements of MGL Chapter 30B, Section 6, or shall obtain three (3) quotations; 3 0 (b) For services in an amount of$25,000 or more, the Board shall issue a request for proposals (RFP) conforming to the requirements of MGL Chapter 30B, Section 6. (c) For all services, whether in amounts less than orgr eater than $25,000. (i) the applicant shall be given three (3) days notice and opportunity to attach j written comments to the invitation for bids, or request for proposals, or quotations; (ii) the applicant shall be given three (3) days notice and opportunity to comment on all bids, or proposals or quotations prior to the selection of the consultant and the award of a contract. ' (d) A bona fide bid or proposal shall include: (i) the name of each person performing the work; (ii) the educational and professional O . p 1 credentials of each person erf � P p ormmg the ! ( work; (iii) the work experience of each person performing.the.work;. (iv) a description of the work to be performed; (v) the hourly rate charged by each person performing_the work, and . (vi) all other expenses to be incurred. 4.04 All fees assessed pursuant to this section shall be reasonable in light of (a) the complexity of the proposed project as a whole, (b) the complexity of particular technical-issues, (c) the number of housing units proposed, (d) the size and character of the site, (e). the projected construction costs, and (f) fees charged by similar consultants in the area. As a general rule, the Board will not assess any fee greater than the amount which might be appropriated from town funds to review a similar town project. 4 I V u ` 4.05 Any invitation for bids or request for proposals shall indicate that award of the contract on contingent u payment of a review g p p y w fee. If the applicant fails to pay the review fee within ten (10) days of receiving written notification of selection of a bidder or offerer, the Board may den the comprehensive.permit. (The Board will select the consultant after reviewing both the bid or proposal and any comments received from the applicant pursuant to section 4.03(c)(ii), but it wi not formallyaward the contract until nil the review fee has been received and aid P )• 4:06 Prior to paying the review fee, the applicant may appeal the selection of the consultant to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not posses the minimum, required qualifications. The minimum qualifications shall consist of either an educational degree in or related to the field at issue (traffic, drainage, etc.) or three or more years of practice in the field at issue or a related field. The required time limits for action on the comprehensive permit application by the Board shall be extended by the duration of the appeal. In the event that no decision is made by the Board of Selectmen within one(1)month following the filing of the appeal, the selection made by the Board shall stand. If ' 4.07 Each'review, fee shall be deposited in a special account established by the.town treasurer I pursuant to MGL Chapter 44, Section 53G. Funds from the special account may be expended only for the purposes described in section 4.02; above, and in compliance with the Uniform Procurement Act, MGL Chapter 3.0B, Sections 1 19. Within thirty (30) days of the completion of the project or of such time as the applicant formally withdraws the proposal, the applicant shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest. The town accountant shall submit annually a report of the special account to the Board.of Selectmen and the Town Manager for their review. This j review shall be published in the town's annual report. 5.00 Public Hearing and Decision 5.01 The Board shall hold a public hearing on.the application for a comprehensive permit within thirty (3 0) days of its receipt. The provisions of MGL Chapter 40A, Section 11 shall apply to the hearing. The Board may request the appearance at the hearing of such representatives of local boards or officials as it considers necessary or helpful in reviewing the application, or the Board may request comments,reports, or recommendations in writing from local boards of officials. In making its decision on the application, the Board shall'take into account the recommendations of local boards or officials. 5.02 The Board shall render a decision based on a majority vote of the Board, and shall file such decision in writing with the town clerk within forty (40) days after termination of the public hearing, unless such time is extended by written agreement of the Board and the applicant. Such extension shall be filed with the Town Clerk. The hearing is deemed terminated when all public testimony has been received and all information requested by the Board has been received, including the reports of any outside consultants retained for review of the project, and the Board has voted, by majority vote, to close the hearing. 5 5.03 The board may dispose of the application for a comprehensive permit in the followin€ manner: (a) approve a comprehensive permit on the terms and conditions set forth in the application; (b) deny a comprehensive permit as not consistent with local needs, or (c) approve a comprehensive permit with conditions with respect to height, site plan, size, shape or building materials that do not render the construction or operation of such project or such housing uneconomic. 6.00 Appeals . 6.01 If the Board approves the comprehensiveermit pe' on p any paggrieve rs d may appeal the decision within the time period and to the court provided in MGL Chapter 40A, Section 17. i 6.02 If the Board denies the comprehensive permit or approves the permit with unacceptable ( t i conditions or requirements, the applicant may appeal to the Housing Appeals Coinmitt F i ` provided in MGL Chapter 40B, Section 22. ee as 7.00 ' Effectiveness These rules are hereby adopted by the North Andover Zoning Board of Appeals and made effective on- 3• /9 •*100 /. The Rules and any subsequent amendments made thereto shall be filed with the North Andover Town Clerk. Dated: Chairman �t I 6 I M-E-M-O-R-A-N-D-U-M TO: Roberta McGowan, Treasurer's office Cc: Robert Nicetta, Building Commissioner FROM: Mary Leary-Ippolit'0,� DATE: 9/11/2001 SUBJECT: Establish an escrow account. I wish to establish an escrow account in the name of"ZBA Escrow account for Meetinghouse Commons at Smolak" in the amount of$4,650.00. Please deposit the attached check#0085 from Meetinghouse Commons, LLC, in the amount of $4,650.00 in payment for: 93 condo units @$50.00 per unit= $4,650.00. Thank you. MUescrowSmolak y hoc�sZ Commons LLC 1�5 14\t�-Ok iLL RoRll �5 tipRT�k ANZo\)n MA o i s-gS" 53-7134/2113 PAY B �I TO THE ) DATE 3 No 6 ORDER OF d� ng0�� c, $ �1 65'0..0 v Methuen DOLLAR CO-operative Bank Methuen,MA 01844 FOR Ire LLC Chqo$ 1: 2 1 13 7 1 3 401: 23 60 0 eetin kouse Commons at 5molak rarm ISEP August 30, 2001 4 2001 D BOARD0F APPEALS Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Meetinghouse Commons LLC - Comprehensive Permit Application - M.G.L. Chapter 40B Dear Board of Appeals: Per discussions with Chairman William Sullivan, Building Inspector Robert Nicetta, and Mary Ippolitto this morning, attached is a check for anticipated review fees submitted with the Meetinghouse Commons at Smolak Farm Comprehensive Permit application submitted to the North Andover Zoning Board of Appeals under separate cover. It is my understanding that the review fee of$50 per housing unit was established at the time of submission for other similar projects. Based upon this fee rate, the total initial fee enclosed is four thousand six hundred and fifty dollars. (93 units x$50 = $4,650) Leetinghouse 2CommonsLLC any further questions or concerns. 185 hickory hill Road,Nortl,Andover MA o 15+5 Phone:978.687.2635 fax:978.689.231 o r r i Mary Ippolito From: Mary Ippolito l Sent: Tuesday, September 11, 2001 1:44 PM I To: Bill Hmurciak Cc: Mary Ippolito Subject: Please attend, compermit.doc 4 1 l 1 i - r - E AN P. cir fir, A�l I 2.1 m. i riti`1�r���e .y 7 it !�1 74, t[a ii IR ta ij- w� r ��1� Y �IK� E�S his— ll �d� mi f.S,–17L M *am a- iP . 0 Meetinghou5e Commons Qat 5molak Farm August 30, 2001 Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Meetinghouse Commons LLC -Comprehensive Permit Application -M.G.L. Chapter 40B nDear Board of Appeals: U � Attached is an application from Meetinghouse Commons LLC (Thomas D.Zahoruiko,Manager) Q for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20-23, for the 93-unit residential development known as Meetinghouse Commons at Smolak Farms, located off Dale Street in North Andover. U The jurisdictional requirements for this submission are satisfied as follows,with supporting documentation included in the application: O ■ Meetinghouse Commons LLC agrees to enter into a"limited dividend"regulatory agreement to limit profit to 20%above the total development costs, as well as a Qmonitoring services agreement and deed riders, per the 40B program guidelines. ■ The project has received a Project Eligibility Letter from the Salem Five Cents Savings o Bank,confirming funding eligibility under the New England Fund("NEF")of the Federal Home Loan Bank of Boston("FHLBB"). ■ Meetinghouse Commons LLC controls the project development site via Purchase and Sales Agreement. Meetinghouse Commons at Smolak Farms is a proposed 93-unit residential condominium development on approximately 30 acres(currently idle)of the Smolak farm. The project will.be age-restricted to residents over 55 years old, and will consist of at least 25% of the homes available as"affordable"homes,where the incomes of the homeowners do not exceed 80%of the area median income,as required for eligibility with the NEF Program and M.G.L. Chapter 40B. These homes will be visually indistinguishable from the remaining market-rate homes, and will be distributed throughout the site. The units will consist of(53)detached cottage homes and(40) (� attached townhouse and garden-style homes,ranging from 1024 square feet to 2,000 square feet �j and generally containing two bedrooms,two bathrooms, living/dining/kitchen areas,the majority with garages. There is also a community center of approximately 4,500 square feet to provide an activities and congregation area. Q This project will not only provide affordable residential homes,but also smaller,new residential homes at market rates(which are not readily available in the community)which will provide a housing option for a substantial population not currently provided for by local housing options. This project concept evolved, in part, from a desire by the Smolak family to establish a perpetual O185 hickory hill Koacl,North Andover MAO 18+5 U Phone:978.687.2635 fax:978.689.23 I o D D SEP 11 2001 BOARD OF APPEALS 0 Meetingkouse Commons oat 5molak rarm funding mechanism,or trust,which would generate income to support and operate the farm through good and bad economic times. Farms in this area are disappearing rapidly due to the challenges of making a reasonable living by farming, and it is the hope that this project can establish a template for at least one method of keeping farms financially viable in our area. The o other primary objectives in the design and evolution of this project were: to preserve the aesthetic quality and rural vistas of the farm and this part of town,to provide a housing option to the Town's residents(especially seniors), and to do do so while protecting the Town's school and ageneral budgets with an over-55 age restriction. Please let me know of any further information you will require to proceed with this application. 0 Sincerely, 0 T mas D.Zahoruiko,Manager eetin ouse Commons LLC a 0 a 0 a a 0 0 185 hickory hill Road,North Andover MAO 1845 Phone:978.687.2635 fax:978.689.231 o a t il'L�,Lt Yf i:.� �J JOYCE SRARHAW TOWN CLERK aNORTH ANDOVER 2001 AUG 30 P 4: O q a APPLICATION FOR A COMPREHENSIVE PERMIT PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 40B, SECTIONS 20-23 aAND TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS RULES AND REGULATIONS OPREMISES: A 30 acre(+/-)site located along south Bradford Street Meetinghouse Commons LLC (APPLICANT) hereby applies to the Board of Appeals of the Town of North Andover, Massachusetts, pursuant to Massachusetts General Laws, Ch. 40b, section 20-23, as amended, for the issuance of a comprehensive permit authorizing the applicant to construct a home ownership condominium project consisting of 40 townhouse and garden style units and 53 detached cottage style homes,to be called"Meeting House Commons at Smolak Farm" on land located on South Bradford Street in North Andover,Massachusetts. aThe project is more particularly described in the exhibits submitted herewith,all of which are incorporated herein by reference and constitute the documents required to be submitted by sections 30.00 and 31.00 of the Rules and Regulations of the Housing Appeals Committee of the Executive Office of Communities and Development,and the Rules and Regulations of the Town of North Andover Zoning Board of Appeals. a a a 0 0 a a �i c Mcctingkou5c a Common5 0 at 5M01A rarm a OI. Project Summary II. Applicant Information aIII. Development Team IV. Site Approval Letter a V. Evidence of Site Control o VI. Site Conditions Report a VII. Exemptions Requested 0 VIII. Plans & Drawings o _ IX. Traffic Study 0 X. A4GL Chpt 40B Information a aCOMPREHENSIVE PERMIT APPLICATION M.G.L.Chapter 40B OMEETINGHOUSE COMMONS LLC Thomas D.Zahoruiko a 0 C Meetingkouse Commons at 5molak Farm I. PROJECT SUMMARY A. Site Data �{ The site contains approximately 30.20 acres, and is adjacent to an existing U agricultural property otherwise known as Smolak Farm. The property is zoned Residential One (R-1) allowing for single-family residential dwellings with a Ominimum two acre lot size. The alternative use of the site is limited to single family detached homes on larger lots as noted above. The cost of such housing is n typically greater than $650,000, which does not provide any opportunities for Umoderate-income buyers. The subject parcel generally consists of two lots: Map 104C - Lot 31 and Map 104C - Lot 28. The property is bounded by Dale Street, a tree farm and residential dwellings to the north. To the east is Winter Street, Hollow Tree Lane, and a Q large open space parcel owned by the Trustees of Reservations. To the south lie Coventry Lane and the paved section of South Bradford Street that terminates in a cul-de-sac. A working apple orchard associated with Smolak Farm lies to the Qwest. This portion of Smolak Farm is protected in perpetuity under the Agricultural Preservation Restriction (APR) program administered by the Commonwealth of Massachusetts. Existing access to the site is provided via the unpaved section of S. Bradford Street located along the western boundary of the property. Any mention of S. Bradford Street in this narrative refers to this unpaved road, not the paved street located north of Dale Street, or the segment of South Bradford Street used in the Odevelopment of Christmas tree estates South of the property. B. "Surrounding Area aSmolak Farm defines the character of the surrounding area. Rolling New England hills and a rural architecture define your views as you approach the site along U Dale Street and come into view of the farm itself. Moving outward from the U farm, the surrounding homes are larger, and are set on lots which range from one to 5 or more acres of land, as defined by the R-1 zoning district. Thero'ect team recognizes that the farm and its p � g agricultural landscape are G important to the aesthetic character of the surrounding neighborhoods, and the Town of North Andover itself. We have taken considerable care to maintain the existing character of the farm and the rural New England landscape. In fact, the Page 1 D Meetingkouse Commons at SMOU Farm project itself will not be visible from Dale Street. The first glimpse one gets of the new project will be the farmhouse and assembled barn that mark your arrival aOil n into the site. (See figure 1). Moving outward from the site, the project is also in close proximity to consumer services and retail centers in downtown North Andover, Andover and = > T DBoxford, and provides easy access to secondary roads and interstate highways. Figure 1. C. Area Housing Needs According to the latest DHCD subsidized housing inventory (July 1, 1997) the Town of North Andover has 6.44% of its housing stock defined as affordable. By almost any measure, North Andover's local housing market is both expensive and limited. Almost every new home is priced over $650,000. Current homes for sale range. from $210,000 to $2 million. At the low end of the condo market are a handful of small one and two bedroom, one-bath units in older complexes, most without handicapped access. When available, these units sell for approximately $125,000— $150,000 aD. Proposed Development The proposed project consists of 93 homes designed to fit within a rural and agricultural landscape. Your arrival to the site is focused upon a traditional architecture reflective of a farmhouse and assembled barn. This core area (see D .figure 1) contains a total of 40 townhouse and garden style homes within easy , walking distance to the community "{ = , v}R. 4.}`S ! Y[S F✓.• 'xy a 'R meetinghouse, located just south of the farmhouse. The remaining 53 homes are 0 ' detached cottages homes in a village Dsetting with strong emphasis placed ' upon pedestrian arrival and streetscapeR elements. (see figure 2.) --- - DFigure 2. The sale of homes themselves will be restricted to adults over the age of fifty-five. We have chosen to apply this restriction for several reasons. First, North Andover's senior residents have little to no choice when looking for affordable Page 2 a c...C Meetingkouse Commons at Smolak Farm D home ownership opportunities within the community. Second, the project will not provide an increased burden upon the local school system. Overall, this project will generate a positive tax flow to the Town of North Andover, require few Town services, and provide a local option in the limited senior affordable housing stock. a In terms of fire protection, all buildings are fully sprinklered, as per state and local code, and we have provided adequate lanes and turning ratios to enable the fire equipment to access buildings. The proposed sewer lines and connections to the Town of North Andover's public sewer service system have been located to minimize cuts and fills in the Project. aThroughout the site, appropriate buffers have been located to provide sufficient distance between any proposed site development and the existing bordering vegetated wetlands, except to the extent that wetlands filling and crossings are Dproposed, in which case, such filling has been minimized to the extent practicable, and such crossings have been designed to comply with local design standards and the State wetlands regulations as more particularly shown on the plans. Storm Dwater run-off is collected throughout the site by a series of swales and catch basins. The storm water run-o$', once collected, is conveyed to storm water detention basins that will effectively remove the total suspended solids to an aacceptable level. All in accordance with the DEP Stormwater Management Policy and Town of North Andover Stormwater Management Standards. E. Project Statistics The project contains a total of 93 homes on 30.2 acres, allowing an overall density of approximately 3 units/acre. The farm buildings contain 40 attached townhouse a and garden style condominiums, while the balance of the project contains 53 detached cottage style homes designed within a village setting. By providing a variety of housing types, we can better serve a wide diversity of resident's needs. D For example, some older residents will opt for single-floor living while others will appreciate the benefits of townhouse and detached single family homes. Each home will be provided with a minimum of two (2) parking spaces, and the DCommunity Meetinghouse contains approximately nine (9) additional spaces for visitor and resident use. Total lot coverage of roadways, building, driveways and walkways does not exceed 30%of the total lots area. Page 3 D Meetinghouse Commons at 5MOU Farm �{ A more detailed description of the buildings and housing options follows: u Unit Tyne Square Foot Ouantity Affordable Units O2 Bedroom Garden Style 1024 sf 26 7 2 Bedroom Townhouses 1250 sf 14 3 2 Bedroom Cottages 1450-1700 sf 53 14 f TOTAL 93 24 F. Affordability Component The applicant intends to develop this project pursuant to the guidelines of the Q New England Fund (NEF) of the Federal Home Loan Bank of Boston through a member institution. We have received a site approval letter from Salem Five Cents Savings Bank of Salem, Massachusetts. The NEF has been approved by D the Housing Appeals Committee of the Massachusetts Department of Housing and Community Development, which oversees Ch. 40B, as a qualifying subsidy. aMeetinghouse Commons at Smolak Farm qualifies as "low or moderate income housing" within the meaning of MGL Chapter 40B, Section 20 as it will provide D twenty-five (25%) of the total homes in the project (24 homes) as affordable to those whose income is no more than 80% of the area median as defined by HUD. Unlike most residential construction in North Andover, even the market priced units within this project will be considered affordable by many middle-income area residents. The affordable units will be distributed throughout the site, and are expected to be provided in the $150,000 range. Market rate units are expected to start in the mid $300k's depending on market conditions, inflation, and the amenities and options provided. Basic building services will be included in the condominium fee such as grounds maintenance, trash pickup, management costs and insurance. According to a preliminary estimate, condominium fees are expected to be less than$150 per month. f By offering a variety of housing options we feel this project provides a significant Cbenefit to area senior residents at the moderate-income level. No financial { assistance will be needed from the Town of North Andover, and the completed project will have a positive impact to local tax base. Note that as of May 9, 2000 HUD has determined that for the Essex County, Lawrence MA-NH area, the median family income is 60,800. Therefore the Page 4 57zel Oolnwwlza�W cJ�Ci`�CU�i O�t,�Pi �P/l2/17,O�ZCU�I,l/7� �a 02133 William Francis Galvin Secretary of the Commonwealth May 20, 2002 _h0 WHOM IT MAY CONCERN: hereby certify that a certificate of organization of Limited Liability Company was filed in this office by 1V1L>CTINGHOUSE CONEWONS, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on August 1., 2001. I further certify that said Limited Liability Company has not filed a certificate of cancellation: and that, so far as appears of record, said Limited Liability Company has legal existence. F Yz In testimony of which, ,y sx s%r ti I have hereunto affixed the t }` �Y'a Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth JUN 3 2002 D cj BOARD OF APPEALS K � r (ecretalyoft�i� 0012'unotuo�.tlzl Jeatel✓ o e; Oo&olz� ./ffaysac/%setal 02/35 William Francis Galvin Secretary of the Commonwealth May 20, 2002 TO WHOM tT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was Idled in this office by MEETINGHOUSE COtNIATIONS LLC m accordance with the provisions of Massachusetts General Laws Chapter 156C on August- 1, 2001. 1 further-certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good standing with this office. i also certify that the names of all managers listed in the most recent filing are: THOMAS ZAHORUIKO I further certify, the names of.all persons authorized to execute documents filed with this office and listed in the most recent filing are: NONE The names of all persons authorized to act with respect to real property listed in the most rccent filing are: THOMAS ZA.HORU.IKO In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. D [ � Secretary of the Commonwealth JUN 3 2002 D t� BOARD OF APPEALS !tel Meetingkouse Commons at 5MOU Farm `affordable' income units must be affordable to families earning no more than $48,650. This number varies with the number of occupants. While income limits are tight, it is expected that there will be many more qualifying individuals D interested in affordable units than there are units available. A monitoring agent such as the North Andover Housing Authority will be asked to supervise the affordable issues, the choice of prospective purchasers, and long-term affordability. In the event that a local governmental agent cannot be found, private groups such as Citizens Housing and Planning Association (CHAPA) or other similar groups experienced as monitoring agents could be contracted for this purpose. II. APPLICANT INFORMATION Meetinghouse Commons, LLC agrees to conform to the limited dividend requirements of Chapter 40B which, in turn, require that the developer abide by whatever such requirements are imposed by the affordable housing program being proposed. Accordingly, a draft of the proposed Regulatory Agreement, which governs the limited dividend restrictions under the NEF Program, is attached as Appendix A. This draft document will be finalized, signed and resubmitted to the ZBA prior to the commencement of construction, as required by the Housing j� Appeals Committee's prior rulings. r The Regulatory Agreement stipulates that the developer's profit shall not exceed 20% of the total development costs, exclusive of the developer's fee. As described in the proposed regulatory agreement, the profit margin will be analyzed by a third party Monitoring Agent. A copy of this analysis will be filed with the Town of North Andover upon the issuance of the final certificate of occupancy. Any profits in excess of the limit will be forwarded to the Town for use in further assisting affordable housing within the community. III. DEVELOPMENT TEAM Applicant: Meetinghouse Commons LLC 185 Hickory Hill Road North Andover, Massachusetts 01845. Phone: 978.687.2635 Fax: 978.689.2310 Thomas D. Zahoruiko, Manager. Land Planner/Landscape Architect: Huntress Associates, Inc. 17 Tewksbury Street, Andover, MA 01810. Phone: 978.470.8882 Fax: 978.470.8890 Christian C. Huntress, President. Architect: Robert Bramhall Architects, Inc. 38 Main Street, Andover MA 01810 Phone: 978.749.3663 -Robert Bramhall, Principal. Page 5 Meetingkouse Commons n at 5molak Farm Civil Engineer/Surveyor: MHF Design Consultants, One Stile Road, Suite One, Salem NH 03079. Phone: 603.893.0720 - Mark Gross, Principal Traffic Engineer: DJK Associates, Inc. Dundee Park, Andover MA 01810 Dermot J. Kelly, Principal Environmental Engineer/Wetland Consultant: Epsilon Associates, Inc. 150 Main Street, P.O. Box 700 Maynard, MA 01754-0700. Tel: (978) 897-7100 Michael D. Howard, Senior Wetland Scientist. OAll of the above team members have extensive experience working on various sites in North Andover and surrounding communities within the Merrimack Valley region. It is our understanding that the Town of North Andover is very familiar with all of the responsible parties of the development team so no additional information has been provided herein. Additional information is L1 available upon request. The applicant reserves the right to add additional team members as necessary throughout the design and approval process. IV. SITE APPROVAL LETTER As discussed above, the Applicant intends to develop this project pursuant to the guidelines of the New England Fund (NEF) of the Federal Home Loan Bank of Boston through one of its member institutions. The Applicant has received a site D approval letter from the Salem Five Cents Savings Bank in Salem Massachusetts. A copy of this letter is attached as Appendix B. V. EVIDENCE OF SITE CONTROL A purchase and sale agreement is attached as Appendix C. The agreement constitutes evidence of the Applicant's site control. VI. SITE CONDITIONS REPORT The project site is approximately 30.20 acres in size and is primarily (80-90%) comprised of forested upland and wetland. The subject parcel generally consists of two lots: Map 104C - Lot 28, and a portion of Map 104C - Lot 31. Dale Street, a tree farm and residential dwellings border the northern property yline. To the east is a large off-site wetland resource area, Winter Street and Hollow Tree Lane. To the south he Coventry Lane and the paved section of South Bradford Street that terminates in a cul-de-sac. A working apple orchard associated with n Smolak Farm lies to the west. This portion of Smolak Farm is protected in u perpetuity under the Agricultural Preservation Restriction (APR) program administered by the Commonwealth of Massachusetts. Page 6 U Meetingkouse Commons { at 5MOU rarm Proposed access to the site is mainly obtained over an improved roadway in the location of the unpaved section of S. Bradford Street located along the western boundary of the property. The eastern, "backside" of the site was accessible via a smaller, less-traveled cart path that branches off from S. Bradford Street to the southeast. This smaller access road forms the border between Parcel 31 (29.3 acres) and Parcel 28 (10.9 acres), and is a useful landmark for site description purposes. There are no exiting structures located within the subject property. Additionally, in accordance with MGL Chapter 21E, a phase-one environmental site assessment has been completed and no reportable events or contamination were found to exist on the site. As the property has historically been used for agricultural purposes, or open space, no additional environmental investigation is currently anticipated. All necessary utilities, including water, sewer, storm drainage, electricity, cable TV and gas are available in the roadways that abut the property. VII. EXEMPTIONS REQUESTED The proposed site in North Andover is zoned for Single Family Residential use; consequently an exception of use is required to enable multifamily residential to (� be constructed. Other exceptions to the North Andover Zoning Bylaw and other Ll local bylaws and regulations are listed herein, see Appendix D. The Applicant hereby requests that all exceptions from, and permits under the Zoning Bylaw and Subdivision Rules and Regulations and all other applicable bylaws and regulations of the Town of North Andover be granted pursuant to this application. VIII. PLANS& DRAWINGS The following plans and drawings have either been included in this report as U Appendix E, or attached as a part of the submission package: A. Site Development Plans for Meetinghouse Commons at Smolak Farm. Sheets 1-19, dated 8/30/01 —Prepared by MHF Design Consultants B. Smolak Farm Composite Plan, and perspective illustrations. - Prepared By Huntress Associates, Inc. & Wang Associates International C. Architectural elevations, footprints and unit layout diagrams. — Prepared By Robert Bramhall Architects, Inc. Page 7 D Meetingkouse Commons at 5MOU Farm DIX. TRAFFIC STUDY A comprehensive traffic study was conducted by DJK Associates, Inc. of Andover, Massachusetts. A complete copy of the traffic report reviewing existing and proposed conditions can be found attached hereto as Appendix F. DX. MGL CHAPTER 40B INFORMATION aA. Request for Findings of Fact C The Applicant requests that the Board of Appeals make the following findings of fact in connection with the action of the Board- on this application: 1. Meetinghouse Commons LLC, a limited dividend organization within the meaning of General Laws, Chapter 40B, is eligible to receive a subsidy under a state or federal affordable housing program after a Comprehensive Permit has been granted. 2. The Applicant has shown evidence of its site control, or interest, in the (� proposed site sufficient to qualify it as a recipient of a Comprehensive U Permit for this site. 3. Salem Five Cents Savings Bank using the Federal Home Loan Bank of Boston's New England Fund housing program, will be the subsidizing agency within the meaning of the procedural regulations of the Housing CAppeals Committee (760 CMR:30.01(C)). 4. The Project is fundable since the subsidizing agency, Salem Five Cents Savings Bank using the Federal Home Loan Bank of Boston's New England Fund housing program, issued a written determination of Site Approval, and the Applicant served written notice upon the Director of the Department of Housing and Community Development within ten (10) days of the Applicant's filing of its application with a subsidizing agency for preliminary approval of the Project, and within ten (10) days of receipt of the subsidizing agency's written determination of Site Approval, in accordance with the regulations of the Housing Appeals Committee (760 CMR:31.01(2)). ' 5. The number of low or moderate income housing units in the Town of North Andover constitutes less than ten percent (10%) as reported in the latest decennial census of the town and reported by the Department of Housing& Community Development as of July 1, 1997. II Page 8 D 0 Meetinghouse Commons at 5molak Farm 6. The Project, as proposed in the application, is consistent with local needs within the meaning of General Laws, Chapter 40B, Section 20. o The Applicant respectfully requests the Board of Appeals after complying with the procedural requirements as provided by law, to issue to the Applicant a Comprehensive Permit for the development. 0 Meetinghouse Commons, LLC 0 By: /tv1 Date: K4111 ;'�"sD. Zahoruiko,Manager 0 o 0 0 0 0 0 0 0 Ell 0 0 Page 9 TOWN OF NORTH ANDOVER ST OF PARTIES OF INTEREST: PAGE I OF / �1BJECT PROPERTY MAP I PAR #I NAME ADDRESS PUTTERS: a ISn i 1 rv1 S r1 D St o• nR algYs iL asc 2 ' 0 c,a e `' rn 01 a I 0fi silteil mut. ` 7L ba St. r. If yr j ' i ,,r Mar L t S •r 1-01S rt n LOLLJO O VIC 3`J � �SSe C-4 • �`r2en�cl� sSoc. Tnc . �n ;n,q 1 1 C Gr ,-7-6t Q &SeC • lec *Vt e ;t :1.,c _ 390 (sse.,e S1`• LaW O l Ic' .n o T �,v„ ire 5,� Sc• Q 7�M7a( S dv� 471fOl fVr' I i . M e + �v� ydla t� AraY 4 1r,Qvt�c'! r�'r r)l yvr 2S ! H. McLytcl t e(eA SevniaV I 3IS }�. g; { A) . & 4o 2er I I�{6 c n •iuk' ru� �l � t�kl� •s �-�. G� 4 S+. 1 � � •� ► �r I i4. 611ILlad qelt, 9,,0(a-v, 3(s J, V• . Aa gilt rt-i.4 o(94S- o q i -Tomes m . + 0 orAA) e Ln d IS-Yf Ann K .' Feen e S 14o!/o,a —' e Lm . Q- ✓�,r 14,14 Oltvr 13 Q r A . + Jr4�ne V►?. RC1 �� f�ol(v�� r Ju ins? 0AM [� I J,A Ra(Ak er\ ! SVS -(z oyer zzR ol,fvr Fi x le r I A) A,Jo•e- t*4 OiSV r barucl Saigg L. 1 by nos 3GO Q wdeT t ! 4° I Li i i i i i i � I I i i I DOKtifie Date CERT. BY : BO Of ASS or N Andov r DATE: 40B § 20 The Comprehensive Permit Law Page 1 of 5 L, Massachusetts Department of /Housing and Community Development O aboutus 40B§20 The Comprehensive Permit Law regulations §20. Definitions The following words, wherever used in this section and in sections twentyone to twentythree, inclusive, shall, unless a different meaning clearly appears from the contex have the following meanings:- address bookI a "Low or moderate income housing", any housing subsidized by the federal or state government under any program to assist the construction of low or moderate income housing as defined in the applicable federal or state statute, whether built or operated b, any public agency or any nonprofit or limited dividend organization. "Uneconomic", any condition brought about by any single factor or combination of factor to the extent that it makes it impossible for a public agency or nonprofit organization to proceed in building or operating low or moderate income housing without financial loss, or for a limited dividend organization to proceed and still realize a reasonable return in building or operating such housing within the limitations set by the subsidizing agency a government on the size or character of the development or on the amount or nature of a the subsidy or on the tenants, rentals and income permissible, and without substantially changing the rent levels and units sizes proposed by the public, nonprofit or limited dividend organizations. "Consistent with local needs", requirements and regulations shall be considered consistent with local needs if they are reasonable in view of the regional need for low an moderate income housing considered with the number of low income persons in the city or town affected and the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city or town, to promote better site and building design in relation to the surroundings,or to preserve open spaces, and if such 0 requirements and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Requirements or regulations shall be consistent with local needs when imposed by a board of zoning appeals after comprehensive hearing in a city or town where (1) low or moderate income housing exists which is in excess of ten per cen a of the housing units reported in the latest decennial census of the city or town or on site: comprising one and one half per cent or more of the total land area zoned for residential commercial or industrial use or(2)the application before the board would result in the commencement of construction of such housing on sites comprising more than three Q tenths of one per cent of such land area or ten acres.whichever is larger, in any one calendar year; provided. however, that land area owned b-the United States. the commonwealth or any political subdivision thereof,the metropolitan district commission a or any public authority shall be excluded from the total land area referred to above wher making such determination of consistency with !local needs. 'Local Board", any town or city board of survey, board of health, board of subdivision control'appeals, planning board, building inspector or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building laws, or city council or board of selectmen §21. Low or moderate income housing; applications for approval of proposed construction; hearing; appeal Any public agency or limited dividend or nonprofit organization proposing to build low or moderate income housing may submit to the board of appeals; established under sectio n http://www.state.ma.us/dhcd/components/hac/zone.htm 08/29/2001 Outs g zu i ne uomprenensive rermii Law rage z or ,3 r'? twelve of chapter forty A; a single application to build such housing in lieu of separate applications to the applicable local boards. The board of appeals shall forthwith notify each such local board, as applicable, of the filing of such application by sending a copy thereof to such local boards for their recommendations'and shall, within thirty days of th 0 receipt of such application, hold a public hearing on the same. The board of appeals she request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall D have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. The board of appeals, in making its decision on said application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not inconsistent with the purposes of this chapter,for the conduct of its business pursuant tc this chapter and shall file a copy of said rules with the city or town clerk.The provisions of section eleven of chapter forty A shall apply to all such hearings. The board of appeal shall render a decision, based upon a majority vote of said board,within forty days after the termination of the public hearing and, if favorable to the applicant, shall forthwith issue a comprehensive permit or approval If said hearing is not convened or a decision i not rendered within the time allowed, unless the time has been extended by mutual agree ment between the board and the applicant, the application shall be deemed to Q have been allowed and the comprehensive permit or approval shall forthwith issue.Any person aggrieved by the issuance of a comprehensive permit or approval may appeal tc the court as provided in section seventeen of chapter forty A. D §22. Appeal to housing appeals committee; procedure;judicial review Whenever an application filed under the provisions of section twentyone is denied, or is granted with such conditions and requirements as to make the building or operation of such housing uneconomic, the applicant shall have the right to appeal to the housing appeals committee in the department of community affairs for a review of the same. Suc appeal shall be taken within twenty days after the date of the notice of the decision by tl- board of appeals by filing with said committee a statement of the prior proceedings and the reasons upon which the appeal is based. The committee shall forthwith notify the board of appeals of the filing of such petition for review and the latter shall, within ten days of the receipt of such notice, transmit a copy of its decision and the reasons therefc to the committee. Such appeal shall be heard by the committee within twenty days after receipt of the applicant's statement.A stenographic record of the proceedings shall be kept and the committee shall render a written decision, based upon a majority vote, stating its findings of fact, its conclusions and the reasons therefor within thirty days afte the termination of the hearing, unless such time shall have been extended by mutual agreement between the committee and the applicant.Such decision may be reviewed it Dthe superior court in accordance with the provisions of chapter thirty A. §23. Hearing by housing appeals committee; issues; powers of disposition, orders; enforcement CThe hearing by the housing appealscommittee in the department of community affairs shall be limited to the issue of whether, in the case of the denial of an application,the decision of the board of appeals was reasonable and consistent with local needs and, in the case of an approval of an application with conditions and requirements imposed. whether such conditions and requirements make the construction or operation of such housing uneconomic and whether they are consistent with local needs. If the committee finds, in the case of a denial, that the decision of the board of appeals was unreasonablf and not consistent with local needs, it shall vacate such decision and shall direct the board to issue a comprehensive permit or approval to the applicant. If the committee finds, in the case of an approval with conditions and requirements imposed,that the decision of the board makes the building or operation of such housing uneconomic and http://www.state.ma.us/dhcd/components/hac/zone.htm 08/29/2001 O Outs lu i ne t-omprenensive rermit Law rage j ui J. C not consistent with local needs, it shall order such board to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic and to issue any necessary permit or approval; provided, however, that the committee shall not issue any order that would permit the building or operation of such housing in accordance witt o standards less safe than the applicable building and site plan requirements of the federe Housing Administration or the Massachusetts Housing Finance Agency, whichever agency is financially assisting such housing. Decisions or conditions and requirements imposed by a board of appeals that are consistent with local needs shall not be vacated modified or removed by the committee notwithstanding that such decisions or condition: and requirements have the effect of making the applicant's proposal uneconomic. o The housing appeals committee or the petitioner shall have the power to enforce the orders of the committee at law or in equity in the superior court. The board of appeals shall carry out the order of the hearing appeals committee within thirty days of its entry and, upon failure to do so, the order of said committee shall for all purposes, be deemec to be the action of said board, unless the petitioner consents to a different decision or order by such board. aInserted by St. 1969, c. 774, s. 1. and amended by St. 1989. c. 593, s. 1. Back to Top Housing Appeals Committee Home Page 0 0 0 0 0 0 D 0 0 0 0 http://www.state.ma.us/dhcd/component.s/hac/zone.htm 08/29/2001 0 Meetingkouse Commons at 5molak Farm . D D D D D Appendix A Regulatory Agreement Ddraft form D D D D D D D D D 0 UREGULATORY AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects Q This Regulatory Agreement (this "Agreement")is made this day of 2001 by ' having an address at , , MA ("Developer") and (the "Bank"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND: A The Developer intends to construct a_- unit homeownership development a on an approximately acre U site on , more particularly described in Exhibit A attached to and made a part of this Agreement (the "Project"); B. The Developer has received a comprehensive permit (the "Comprehensive Permit") from the Zoning Board of Appeals for the City/Town of (the "Municipality") under Chapter 40B of the Massachusetts General Laws, which permit is recorded at the Essex (North) County Registry of Deeds/Registry District of the Land Court (the"Registry") in Book at Page J as Document No. DC. The Comprehensive Permit has specified that units, or 25% of the total units in the Project will be affordable units (the "Affordable Units") which will be (� subject to this Regulatory Agreement to restrict the sale of the Affordable Units to �J moderate income first time home buyers. D. Pursuant to the terms of this Regulatory Agreement, the Affordable Units will be sold to households earning no more than eighty percent (80%) of the median income, by household size, for the Metropolitan Statistical Area (the 'Base Income") as published from time to time by the Department of Housing and Community Development of the Commonwealth of Massachusetts or successor agency("DHCD"). E. The Project is being financed under the Federal Home Loan Bank of Boston's New England Fund ("NEF") and the NEF requires that the Developer provide the number of Affordable Units described above; F. Pursuant to the requirements of the Comprehensive Permit and this Regulatory Agreement, the Developer has agreed to retain Citizens' Housing and Planning Association, Inc. (the "Monitoring Agent") to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. G. The Affordable Units are a 0 NOW THEREFORE, in consideration of the agreements and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged,the Developer and the Bank agree and covenant as follows: D1. Unit Designation. The distribution of the Affordable Units by unit size shall be as set forth below: DIBR 2BR 3BR Number of Units 0 Initial Market Appraised Value DInitial Affordable Price (the initial Certified Sale Price) Discount Rate (ratio of Initial Certified Sale Price to Initial Market Appraised Value D free of restrictions under this Agreement) D The Discount Rate for each Affordabfe Unit shall be equal to the Certified Sale Price of that Affordable Unit on the date of execution of this Agreement divided by the Fair Market Appraised Value of that Affordable Unit on the date of execution of this D Agreement. The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the Base Income for a family of four would pay no more than 30% of gross income for the sum of annual debt service on a mortgage of 90% of the Certified DSales Price (including principal and interest at current interest rates) plus property taxes, insurance and any condominium/homeowner association fees. The appraised value of the Affordable Unit shall be the fair market value of the unit at the time of the proposed sale Dmade on the assumption that the unit is not subject to the restrictions contained in this Agreement or in the Deed Rider, as determined by an appraiser retained by the seller of D the Affordable Unit. The Discount Rate set forth above has been determined in accordance with this procedure and shall be binding on all parties to this Agreement and on all their successors and assigns, including successors in title to any Affordable Unit. 0 2. Affordability. Except as specifically provided in the Deed Rider attached as Exhibit B, the Affordable Units shall be sold to households which have an annual D income equal to or less than the Base Income as adjusted from time to time according to DHCD guidelines. D 2 0 The first sale of an Affordable Unit by the Developer shall be at a price not in excess of the Initial Affordable Price set forth in Section 1 of this Agreement for that Affordable Unit. Subsequent sales of Affordable Units shall be for sale prices that are not in excess of the maximum price at the time of sale determined as set forth in this paragraph (the "Maximum Sale Price"). An owner of an Affordable Unit wishing to sell the Affordable Unit may sell such unit at a maximum price equal to the appraised value of the Affordable Unit as determined by an appraiser retained by the seller of the Affordable Unit multiplied by the Discount Rate established in paragraph 1; provided, however, that if the owner paid a purchase price for the unit which is greater than that maximum price and which at the time of purchase complied with the requirements of this Agreement and which is recited in an Eligible Purchaser Certificate or a Municipal Purchaser Certificate Dreferred to in Exhibit B and recorded with the Registry, then the owner may sell the Affordable Unit for a purchase price equal to the purchase price paid. The appraised value of the Affordable Unit shall be the fair market value of the unit at the time of the proposed sale made on the assumption that the unit is not subject to the restrictions contained in this Agreement or in the Deed Rider, as determined by an appraiser retained by the seller of the Affordable Unit. The Discount rate shall them be applied to that appraised value to determine the maximum price and to preserve the affordability of the Affordable Units. D 3 . Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider substantially in the form of Exhibit B attached to �? and made a part of this Agreement (each a"Deed Rider"). Each Deed Rider shall require U the unit owner at the time he/she desires to sell the Affordable Unit to notify the Monitoring Agent of the discounted purchase price based on an appraisal ordered by the f 1 seller and more particularly described in the Deed Rider. The owner of the Affordable Ls Unit must thereafter offer the unit to the Municipality which may or may not exercise its right-of-first refusal and if not, the seller must find a purchaser who meets the income guidelines. If the Affordable Unit owner is unable to find an eligible purchaser within a 120 day period from the date the Affordable Unit was put on the market, as determined by the date of the first advertisement for sale, or the date an agreement was signed with a listing broker to market the Affordable Unit, the seller can sell the Affordable Unit to any person, regardless of his/her income and at any price, free of any future resale restrictions, provided that the difference between the actual resale price and the Maximum Sale Price a at the time of sale shall be paid to the Municipality for deposit in an affordable housing fund to be used by the Municipality to support other affordable housing within the Municipality. aThe Deed Rider requires the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed Rider which shall be attached to and made a part of the l� deed from the owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent resale of the Affordable Unit occurs during the period of affordability specified in this Agreement. 3 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the partners, shareholders, or other owners of Developer or of the Project shall not exceed twenty percent (20%) of total development costs of the Project, exclusive of development fees (the "Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement of gross sales revenues from the Project received by the Developer to date certified by the Developer ("Certified Cost and Income Statement"). "Profit", when calculated by the Monitoring Agent to determine the Allowable Profit, shall be measured as the excess of certified income, less any brokerage commissions and selling expenses over certified costs and less.all development costs related to the project except costs incurred by the developer as administrative and overhead expenses (which shall be considered as part of Developer Profit). Acceptable development costs include, but are not limited to, the cost of site acquisition, defined as that value which can be underwritten by the Project and which can be supported by the Bank's appraisal upon which its construction loan is based. aIf all units in the Project which are offered for sale have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring Agent, the Q Developer shall at least once every ninety (90) days thereafter, until such time as all of the units which are offered for sale are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement. After all units in the Project which are offered for sale have been sold, the Developer shall deliver to the Monitoring Agent a final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality for deposit in an affordable housing a fund to be used by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. 5. Affirmative Marketing. The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well aslocal aand area-wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to maintain for at least five (5) years following the sale of the Affordable Units, a record of all newspaper ads, outreach letters translations, leaflets and any other outreach efforts which may be inspected by the Monitoring Agent or the Municipality. 6. Recording. Upon execution of this Agreement, the Developer shall immediately cause this Agreement to be recorded or filed with the Registry. Upon recording and/or filing as applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent evidence of such recording and/or filing. 0 4 C C 7. Representations. The Developer represents, covenants and warrants as Dfollows: (a) The Developer (i) is a Massachusetts limited liability company duly 0 organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this state, (ii)has the power and authority to own properties and assets and to carry on its business as now being conducted, and (iii) has full legal right, power and authority to execute and deliver this Agreement. O (b) The execution and performance of this Agreement by the Developer (i)will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other a instrument to which the Developer is a parry or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any (� prohibited encumbrance of any nature. LI (c) The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the Project free and clear of any lien or [� encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to the Project, or other permitted encumbrances. 8. Governini; Law/Amendments/Severability. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties to this Agreement. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions of this Agreement. 9. Monitorin Ment. The Developer shall retain the Monitoring Agent for purposes of monitoring Developer's performance C under this Agreement pursuant to an an agreement acceptable to the Monitoring Agent d the Bank. All notices and reports required to be submitted under this Agreement shall be submitted directly to the Monitoring Agent. The Monitoring Agent shall have authority to act in all matters relating to this Agreement. a 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties to this Agreement at the addresses set forth below, or to such other place as a parry may from time to time designate by written notice with a copy to the Monitoring Agent: C 5 li _ U aDeveloper: OBank: O a Monitoring Agent: Citizens Housing and Planning Association,Inc. 18 Tremont Street OBoston, Massachusetts 02108 11. Term. The term of this Agreement shall be until fifteen (15) years terminating with respect to each of the Affordable Units on the date on which the Deed Rider attached as Exhibit B is no longer applicable to such Affordable Unit. Upon the expiration of the term of this Agreement, each of the then owners of Affordable Units shall be bound to pay to the Municipality (a) all proceeds of sale at the U time of sale in excess of the Maximum Sale Price of such unit at the time of sale as if L► such unit were still subject to the provisions of this Agreement, which sale shall be at arms length and for the fair market value of such unit, or (b) a payment by refinancing or C from other sources to the Municipality in the same amount as the Municipality would receive if such unit were still subject to the provisions of this Agreement in the event of a sale at fair market value on the date of payment the expiration of the term of this aAgreement. The provisions of this section of this Agreement shall survive the expiration of the term of this Agreement. a12. Successors and Assigns. The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the O covenants, agreements and restrictions contained in this Agreement shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely O personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns for the term of the Agreement. Developer agrees that any and all requirements of the laws of The Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 13. Default. If any default, violation or breach by the Developer under this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days Li 6 fl i� after notice to the Developer thereof, then the Monitoring Agent may send notification to the Bank and the FHLBB that the Developer is in violation of the terms and conditions of 0 this Agreement. The Bank and/or the FHLBB may exercise any remedy available to it, including calling its advance under the NEF or increasing the interest rate on such advance. The Municipality or the Monitoring Agent may also exercise any legal remedy 0 available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent in enforcing this Agreement, and, in the event of any action by the Monitoring Agent against the Developer, the Monitoring Agent shall be entitled to seek an attachment against the Developer's property including, without limitation, its interest in the Project. The Monitoring Agent may perfect a lien on the Project by recording/filing one or more certificates setting forth the amount of the costs and expenses 0 due and owing in the Registry. A purchaser of the Project or any portion of it shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or portion 0 thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has obtained the consent or subordination of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions of this n Agreement and that all such mortgagees have executed a consent or subordination to this L Agreement which shall be recorded/filed herewith. �? 15. Responsibility of Monitoring Agent. The Monitoring Agent shall not be U held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 0 16. Indemnification. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs 0 and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent U by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. 17. Amendments This Agreement shall not be amended without written consent of the Monitoring Agent. C IN WITNESS WHEREOF, the parties to this Agreement have caused this CAgreement to be executed as a sealed instrument as of the date first above written. i DEVELOPER: BANK: U By: By: Its Its a 0 0 o OCOMMONWEALTH OF MASSACHUSETTS . County of , 200_ OThen personally appeared the above-named , the of and acknowledged the foregoing instrument to be the free oact and deed of , before me oi Notary Public My Commission Expires: 0 0 0 0 0 0 0 0 0 0 o8 EXHIBIT A I EXHIBIT B ODEED RIDER For FHLBB New England Fund Ownership Project a (annexed to and made part of that certain deed (the"Deed") from ("Grantor") to ("Grantee") dated , 200_ n WITNESSETH: U WHEREAS, a comprehensive permit for land in the City/Town of , Q Massachusetts (the "Municipality")has been granted under Chapter 40B of M.G.L. for the purpose of constructing _ residential units (the "Project") comprised of_.units to be sold by the Grantor at market rates, _ units to be sold to households with low and moderate incomes in accordance with the terms and provisions of the Regulatory Agreement by and between the (the "Developer") and Bank (the "Bank"), as part of the New England Fund Program (the Q 'Regulatory Agreement")which Regulatory Agreement is dated 200_and is recorded/filed with the Essex (North) County Registry of Deeds/Registry District of the Land Court (the"Registry")in Book at QPage /as Document No. ; n WHEREAS, the rights and restrictions granted in this Rider to the Municipality U serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, pursuant to the Regulatory Agreement, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by the Municipality or, to the Municipality, for a r1 "Maximum Resale Price"as specified in this Rider and in the Regulatory Agreement; LJ WHEREAS, the Grantor and the Grantee are participating in the NEF Program, and in accordance with the NEF Program the Grantor is conveying that certain real u property more particularly described in the Deed to which this Deed Rider is attached n i n 9 v f ' U i 1 ("Property") to the Grantee at a consideration which is less than the appraised value of the Property; and WHEREAS, a Discount Rate equal to % of the appraised fair market value of the Property (the "Discount Rate") is assigned to the Property, and such ODiscount Rate shall be used in determining the Maximum Resale Price of the Property; NOW THEREFORE, as further consideration from the Grantee to the Grantor and the Municipality for the conveyance of the Property at a discount in accordance with the Regulatory Agreement, the Grantee, his/her heirs, successors and assigns, agrees that the Property shall be subject to the following rights and restrictions which are imposed for the Dbenefit of and shall be enforceable by, the Grantor's assignees and designees, or the Monitoring Agent, or the Municipality, acting by and through its chief elected official. 1. Right of First Refusal. (a) When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any O portion thereof, the Grantee shall first notify the Monitoring Agent and subsequently the Municipality in writing of the Grantee's intention to so convey the Property(the "Notice"). The Notice shall contain an appraisal of the fair market value of the Property (assuming the Property is free of all restrictions set forth in this Rider or in the Regulatory a Agreement) acceptable to the Monitoring Agent prepared by a real estate appraiser acceptable to the Monitoring Agent and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts, and the Notice shall set forth the appraised value,the Discount Rate and the Maximum Resale Price of the Property and shall advise the Municipality of a 30 day Q right of first refusal in favor of the Municipality. The Maximum Resale Price is equal to the appraised value multiplied by the Discount Rate expressed as a fraction(as opposed to a percent). Within thirty (30) days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property (the "Municipality's Notice"). QFor the purpose of this Deed Rider, an"eligible purchaser" shall mean a purchaser whose household income is less than the Base Income as defined in the Regulatory Agreement, and who, if located by the Municipality, is ready and willing to purchase the Property awithin ninety(90)days after the Grantee gives the Notice. . (b) In the event that (i) the Municipality's Notice states that the Municipality O does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within thirty(30)days, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty(120)day period from the date the Property is put on the market, as determined by the date of the first advertisement a for sale, as set forth below. The term"diligent efforts" shall mean(A)the placement of an advertisement in the real estate section of at least one newspaper of general circulation for a period of three consecutive weeks which sets forth a customary description of the unit O II 10 U ! I - U ofor sale, a single price which is not in excess of the Maximum Resale Price, Grantee's telephone number, and the phrase: "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income. " and (B) the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to locate an eligible purchaser within one hundred twenty (120) days from the date the Property is put on the market, the Grantee may convey the Property to any third party at fair market value, free of all restrictions set forth in this Deed Rider, provided, however, all oconsideration and payments of any kind received by the Grantee for the conveyance of the Property to the third parry which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality after review by the Monitoring Agent. Upon receipt 0 of this excess amount, if any, the Municipality, shall issue to the third party and to the Monitoring Agent a certificate in recordable form (the Compliance Certificate") indicating the Municipality's receipt of the excess amount. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality, or that no excess amount is payable, and that the rights, restrictions, agreements and covenants set forth in this Deed Rider are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval, with due consideration given to the value set forth in the appraisal accompanying the Notice and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirements of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of an acceptance by the Monitoring Agent of the oMunicipality's Compliance Certificate. Funds received by a Municipality under this 1 1 paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. o (c) In the event the Municipality, within said thirty(30) day period, notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property, the Municipality may locate an eligible purchaser, who shall purchase the Property at a price not in excess of the Maximum Resale Price subject to a Deed Rider, within sixty(60) odays of the date that the Municipality's Notice is given, or the Municipality may purchase the Property itself at a price not in excess of the Maximum Resale Price within sixty (60) days of the date that the Municipality's Notice is given. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the 0 o �� I ' 4.._► Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed (ii) any lien for municipal D betterments assessed after the date of the Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) the Regulatory Agreement which cannot be amended without the consent of the Monitoring Agent, (vi) such additional easements, restrictions, covenants and agreements of record as the Municipality and the Monitoring Agent consent to, such consent not to be unreasonably withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee agrees to annex to said 0 deed. (e) Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry, or at the option of the eligible purchaser (or the Municipality, as the case may be, if the Municipality is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the O eligible purchaser (or the Municipality, as the case may be, if the Municipality is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or the Municipality, as the case may be, if the Municipality is purchasing the Property) to the Grantee, which date shall be at least five (5) days after the date on which such notice is given, and if the eligible purchaser is a purchaser located by the Municipality, or if the O Municipality is purchasing the Property no later than sixty (60) days after the Municipality's Notice is given to the Grantee. Q (f) To enable Grantee to make conveyance as provided in this Deed Rider, Grantee may if he/she so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. (g) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value and any common area charges or association fees, if any, shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by the Municipality. (h) Full possession of the Property free from all occupants is to be delivered at the time of the Closing,the Property to be then in the same condition as it is in on the date of the Grantee's Notice,reasonable wear and tear only excepted. Q (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above n exception shall occur, then the Closing shall be extended for up to thirty (30) days and �J Grantee shall remove any defect in title or restore the Property to the condition required by this Deed Rider. The Grantee shall use best efforts to remove any such defects in the D n 12 n LJ title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The eligible purchaser (or the R Municipality, as the case may be, if the Municipality is purchasing the Property) shall have U the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: (i) pay over or assign to the eligible purchaser or the Municipality, as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts n reasonably expended by the Grantee for the partial restoration, or u (ii) if a holder of a mortgage on the Property shall not permit the insurance n proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to the Municipality, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration n2. Resale and Transfer Restrictions. Except as otherwise stated in this Agreement, the Property or any interest therein, shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless: (a) the aggregate value of all consideration and payments of every kind given or paid nby the eligible purchaser (as located and defined in accordance with Section 1 above) or the Municipality, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, prior to customary closing adjustments for fuel, taxes, or similar items, is not in excess of the Maximum Resale Price for the Property, and (i) (A) if the Property is conveyed to an eligible purchaser, and a certificate n (the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with this Deed Rider and the Regulatory Agreement, and there is also recorded a new Deed Rider executed by the eligible purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Monitoring Agent; (B) if the Property is conveyed to the Municipality and a Certificate (the "Municipal Purchaser Certificate") is obtained from the Monitoring Agent and signed n and acknowledged by the Municipality and the Monitoring Agent and recorded with the Registry of Deeds, which Municipal Purchaser Certificate refers to the Property, the Grantee, the Municipality, the Maximum Resale Price and states that the proposed n 13 conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and there is also recorded a new Deed Rider which Deed Rider is satisfactory in form and substance to the Monitoring Agent; or (C) if the Property is conveyed to a third party in accordance with Section 1, the Monitoring Agent executes and delivers an acceptance of the R Compliance Certificate in accordance with Section 1; U (b) Any good faith purchaser of the Property, any lender or other party taking aa security interest in such Property and any other third party may rely upon a Compliance Certificate accepted by the Monitoring Agent or an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property, provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the maximum permitted price stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the �{ case may be. If the Property is conveyed to the Municipality, any future sale of the U Property by the Municipality shall be subject to the Regulatory Agreement and the Deed from the Municipality shall contain a Deed Rider in form and substance satisfactory to the Monitoring Agent together with an Eligible Purchaser Certificate from the Monitoring Agent. (c) Within ten(10) days of the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the deed of the Property, together with n information as to the place of recording thereof in the public records. Failure of the l 1 Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. d Notwithstanding anything to the contrary contained in this Deed Rider, the ( ) g Maximum Resale Price shall not be less than the purchase price paid by the Grantee which at the time of purchase complied with the requirements of the preceding deed rider and of the Regulatory Agreement and which is recited in an Eligible Purchaser Certificate or a Municipal Purchaser Certificate recorded/filed with the Registry plus the costs of Capproved capital improvements and marketing expenses, as determined by the Monitoring Agent. (e) The Grantee understands and agrees that nothing in this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by the Municipality, the Monitoring Agent or any other person or entity that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3. Restrictions Against Leasing and Junior Encumbrances. The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Monitoring Agent, provided,however, that this provision shall 14 not apply to a first mortgage granted in connection with this conveyance for a principal amount less than the price approved by the Monitoring Agent in the Eligible Purchaser (� Certificate, the Municipal Purchase Certificate. Any rents, profits, or proceeds from any �J transaction which has not received the prior written consent of the Monitoring Agent shall be paid to and be the property of the Municipality for deposit into a fund for affordable housing. In the event that the Monitoring Agent, in the exercise of its absolute discretion, consents to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by the Monitoring Agent in its sole discretion shall be paid to and be the property of the Municipality for deposit into a fund for affordable housing. Notwithstanding the restrictions outlined in this paragraph, any DProperty purchased by the Municipality, under its Right of First Refusal, may be rented by the Municipality, at its discretion, so long as the income limits for the lessee household do not exceed the Base Income as defined in the Regulatory Agreement. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. 4. Rights of Mortgagees. (a) Notwithstanding anything in this Agreement to the contrary, but subject to paragraph 4(b) of this Agreement, if the holder of record D (other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor or any related person has a financial interest (an "Interested Party")) of an eligible mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender or its successors or assigns (other than an Interested Party) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that such holder has given the Monitoring Agent and the Municipality not less than (60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, the rights and restrictions contained in this Agreement shall not apply to such holder upon such acquisition of the Property, any purchaser (other than an Interested DParty) of the Property at a foreclosure sale conducted by such holder, or any purchaser (other than an Interested Party) of the Property from such holder, and subject to the disposition of proceeds established in Paragraph 4(b) of this Agreement such Property shall thereupon and thereafter be free from all such rights and restrictions. For purposes of this Deed Rider an eligible mortgage shall be a first mortgage encumbering only the Property and in an original principal amount not to exceed ninety-five (95%) percent of the sale price stated in the Eligible Purchaser Certificate, the Municipal Purchase Certificate recorded with the mortgagor's deed. Any foreclosing mortgagee holding a mortgage which is not an eligible mortgage, shall not be entitled to the protections of this section and shall be deemed to be an owner subject to all the restrictions and obligations of an owner under this Deed Rider. lJ (b) In the event such holder of an eligible mortgage conducts a foreclosure or other proceeding enforcing its rights under such mortgage or if the Property is conveyed D 15 D to such holder in lieu of foreclosure and the Property is sold for a price in excess of the greater of(i) the sum of the outstanding principal balance of the note secured by such mortgage plus all accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage and (ii)the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in Q consideration of the loss of the value and benefit of the rights and restrictions contained in this Deed Rider and held by the Municipality and released by the Municipality pursuant to this section in connection with such proceeding (provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is Obased upon payment of such excess by such holder to the Municipality in accordance herewith, provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such claim and shall not object to the intervention by the Municipality in any proceeding relating thereto). In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the O Municipality may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be equal to the appraised fair market value so obtained, multiplied by the Discount Rate assigned to the Q Property. If the holder disagrees with such appraised value, the holder may obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Grantee assigns all its interest in such amount to said holder for payment to the Municipality. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. 5. Covenants to Run With the ProPe )a The Grantor and the Grantee, for te' ( good and valuable consideration, the receipt and sufficiency of which is acknowledged, grant and assign to the Municipality, the Municipality's agents, successors, designees and assigns the right of first refusal to purchase the Property as set forth in this Deed Rider, O and to the Monitoring Agent and the Municipality the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee grant to the Monitoring Agent and the Municipality the right to enter.upon the Property for the purpose of enforcing any and all of the restrictions, covenants and U agreements contained in this Deed Rider, and of taking all actions with respect to the Property which the Monitoring Agent and/or Municipality may determine to be necessary or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements set forth in this Deed Rider. The rights granted to the Monitoring Agent and the Municipality shall be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Monitoring Agent or to the Municipality for enforcement of the restrictions, rights, covenants and agreements set forth in this Deed Rider. It is intended and agreed that all of the agreements, covenants, 16 ' arights and restrictions set forth in this Deed Rider shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property for the benefit of and enforceable by the Monitoring Agent and/or the Municipality, the Monitoring Agent's and/or Municipality's agents, successors, designees and assigns for a period which is the shortest of(i) ninety-nine years from the date this restriction was first placed on the Property by either this Deed Rider or preceding deed rider in substantially similar form and substance, (ii) upon the recording of a Compliance Certificate accepted by the Monitoring Agent, or (iii) upon the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Deed Rider is certified in the Eligible Purchaser Certificate to be in form and substance satisfactory or of a Municipal Purchaser Certificate as set forth in this Deed Rider. The Monitoring Agent shall be entitled to a fee of one-half of one percent of the Maximum Sale Price of the Property to the Municipality or an eligible purchaser or an ineligible purchaser in accordance with the provisions of this Deed Rider and the Regulatory Agreement for the services performed according to the Monitoring Services Agreement (and referenced in the Regulatory Agreement). This fee shall be paid by the Grantee as a closing cost at the time of closing, and payment of the fee of the Monitoring Agent shall be a condition to delivery and recording of its certificate, failing which the Monitoring Agent shall have a claim against the Grantee and persons claiming under the grantee for which the Monitoring Agent may seek an attachment against the Property. (b) This Deed Rider and all of the agreements, restrictions, rights and covenants contained in this Deed Rider shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Deed Rider and the covenants, agreements, rights and restrictions contained in this Deed Rider shall be and are covenants running with the land, encumbering the Property for the term of this Deed Rider, and are binding upon the Grantee's successors in title, (ii) are not merely personal covenants of the Grantee, and (iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and their successors and assigns for the term of the Deed Rider. Grantee Oagrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d) Without limitation on any other rights or remedies of the Grantor, the Monitoring Agent, the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall, to the maximum extent permitted by law, be voidable by the Municipality or the Monitoring Agent, or their agents, successors, designees and assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. a o 17 (e) Notwithstanding any other provision in this Deed Rider, after the end of the ninety-ninth year from the date this restriction was first placed on the Property by either this Deed Rider or a preceding deed rider in substantially similar form and substance (the "Termination Date"), the then owner of the Property then subject to this Deed Rider may sell the Property at a price equal to the fair market value of the Property as of the date of sale and not subject to this Deed Rider, provided, however that the owner, at the time of such sale must pay to the Municipality the difference between the fair market value as so determined and the Maximum Sale Price which the owner could realize in a sale to an Eligible Purchaser were this Deed Rider to have remained in effect, and upon such payment the Property will be deeded free and clear of this Deed Rider. In the event of any failure of any owner to make a payment under this Deed Rider the Municipality shall have the right to seek payment from the purchaser of the Property, and his/her successors and assigns, which right shall be prior to the encumbrance of any mortgage upon the Property. The owner of the Property after the Termination Date shall have the right to make a payment by refinancing or from other sources in the same amount to the Municipality as the Municipality would receive were this Deed Rider to have remained in effect in the event of a sale at fair market value on the date of payment after the Termination Date, and in the event of such a payment the owner shall hold the Property free and clear of this Q Deed Rider. The provisions of this paragraph shall survive the expiration of the term of this Deed Rider. 6. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties to this Deed Rider at the addresses set forth below, or such other addresses as may be specified by any party by such notice. QMunicipality: Grantor: Grantee �1 n Monitoring Agent: Citizens Housing and Planning Association U 18 Tremont Street Boston, MA 02108 An such notice, demand or request shall be deemed to have been given on the da Y q g y it is hand delivered or mailed. a o18 , a 7. Further Assurances. The Grantee agrees from time to time, as may be Q reasonably required by the Monitoring Agent or the Municipality, to furnish the Monitoring Agent and the Municipality with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the Regulatory Agreement for this Project. 8. Waiver.a er. Nothing contained in this Deed Rider shall hrrut the rights of the Monitoring Agent and/or the Municipality to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained in this Deed Rider with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Monitoring Agent and/or the Municipality or designee. 9. Severability. If any provisions of this Deed Rider or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder of this Deed Rider or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be D affected thereby, and each provision of this Deed Rider shall be valid and enforced to the fullest extent permitted by law. 10. Responsibility of the Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Deed Rider so long as it shall have acted in good faith and without gross negligence. 11. Indemnity. The Grantor and the Grantee agree to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Deed Rider and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence. Executed as a sealed instrument this of , 200 Grantor: OGrantee: a D a 19 . 0 COMMONWEALTH OF MASSACHUSETTS County of 1 , 200_ Then personally appeared the above-named Q [Grantor], and acknowledged the foregoing instrument to be his/her free act and deed, before me. a Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of , 200_ Then personally appeared the above-named [Grantee], and acknowledged the foregoing instrument to be his/her free act and deed, before me. Notary Public My commission expires: L� �J 20 r Meetingkouse Commons 1 at 5MOIA Farm 0 D D U D Appendix B Site Approval Letter D D D D D D D n n L-+ Corporate Headquarters•110 Essex Street Salem, MA 01970 August 30, 2001 Meetinghouse Commons, LLC Attn: Thomas D. Zahoruiko, Manager C 185 Hickory Hill Road North Andover, MA 01845 Re: Detennination of Project Eligibility Meetinghouse Commons at Smolak Farms Off Dale Street North Andover, Massachusetts Gentlemen: C _ As per your request dated July 30, 2001 and received July 31 2001>the Salem Five Cents Savings Bank has reviewed your plans to construct 93 detached and attached residential condominium units to be offered for sale to households where at least one member is over the age of 55. The subject development site is comprised of 30.2 +/- acres located along South Bradford Street off of Dale Street, North Andover, Massachusetts, and is proposed for development under a comprehensive permit to be issued pursuant to M.G.L. Chapter 40B and the regulations promulgated thereunder. The Bank understands that you have notified the Department of Housing and Community Development as required under revised guidelines for the M.G.L. Chapter 40B program detailed in 760CMR Section 31.01. As such, the requirement of a 30 day period from the date of your request has been satisfied. On behalf of the Salem Five Cents Savings Bank I have visited the site and reviewed plans for your project in conjunction with reported acquisition costs. The project calls for 93 residential units to be completed in three phases. Two phases will contain 53 detached homes. A third phase calls for 14 townhouse style condominium units to be contained in a single building, and 26 "garden style" units to be contained in a second building. The architectural elevations for each structure have been designed in a manner consistent with and which should preserve the area's rural surrounding character, which is dominated by Smolak Farms. You have submitted sample floor plans for typical units, and have indicated that they will generally range in size from approximately 1,100 to 2,000 square feet of living area. Salem Five Cents Savings Bank Salem Five Sales and Service Center Salem Five Mortgage Corporation a 978 745-5555 800 321-2265 978 720-5958 888 246-2265 978 745-5555 800 312.2265 Member FDICIDIF : C CMeetinghouse Commons, LLC August 30, 2001 OPage Two Units will include two bedrooms and two bathrooms, which is typically desired by the target market of individuals over age 55. Satisfactory covered parking will be provided. Buildings will be serviced by public water and sewer utilities available to the site. It is your 0 stated intention to sell the units as part of a governing condominium association. You have provided to the Bank for review a purchase and sales agreement executed by a Meetinghouse Commons, LLC and the landowner, Smolak Farm Nominee Trust, H. Michael Smolak, Jr., who you have indicated are current owners of the site. Based upon this agreement it appears that you have secured the site for development. Salem Five Cents Savings Bank has also reviewed your pro forma statement of anticipated income and development costs for the project. Based upon this documentation with respect to profit margins and dividend limitations, the Bank has concluded that the project is financially feasible and in compliance with the requirements of the Comprehensive Permit program. In so doing,Salem Five Cents Savings Bank also considered your credentials as a developer and history of successful projects in the area. Salem Five Cents Savings Bank has conducted a preliminary review of the proposed site and architectural design of the project and is of the opinion that the project will meet or exceed basic health, safety and design requirements. Salem Five Cents Savings Bank finances residential development projects in Eastern New England and is knowledgeable regarding new Dconstruction prices in North Andover, MA. We are aware of the escalating housing prices and shortage of housing for area residents. The demand for reasonably sized, maintenance free living units, such as those proposed, is particularly acute in the area. The Bank has reviewed the aproposed unit plans, and finds that they are generally appropriate for the site based upon similar developments with like units in the community. The Bank is of the opinion that the housing proposed under this project is both suitable for the site and desirable in the marketplace. Further, awe believe that the proposed sales prices for market rate and subsidized units as detailed in the submitted pro forma financial statement will be generally accepted in the marketplace given the relative price levels of new housing in the community and in the area. Saler: Five Cents Savings Bank is pleased to inform you that the project you have asked O the Bank to review is considered as Comprehensive Permit eligible for financing under the New England Fund("NEF") of the Federal Horne Loan Bank of Boston ("FHLBB"). a 0 � a x „ D r Meetinghouse Commons, LLC �? August 30, 2001 j� Page Three Please be advised that this letter does not constitute a commitment to you for financing by the Bank with respect to this project. Finalized municipal approvals, plans,budgets, appraisals, current real estate market analysis, and more in-depth and comprehensive D underwriting must be completed before the Bank's Board of Investment may formally consider issuance of a commitment on a proposed loan. D However, this letter does constitute a project eligibility letter as required under the regulations applicable to comprehensive permits under Chapter 40B of the Massachusetts General Laws. Salem Five Cents Savings Batik is a member of the Federal Home Loan Bank of Boston, and has approval to utilize funds provided by FHLBB's New England Fund. This fund was established to fund affordable housing and other community investment initiatives. Should your project receive final approvals and subject to a loan commitment as described in the paragraph above, the Bank would agree to apply for funding under this program to fund the construction loan for the proposed development, and may seek monies for favorable mortgage loans for the purchasers of the affordable units. Projects approved under the NEFro ram require the 25%affordable housing set aside p g q g noted above to which you have committed for this project. Moreover, purchasers of these Daffordable units will be restricted to those earning not more than 80% of the area median income for the appropriate census area. Projects also must adhere to the limited dividend aspect of the program, under which the development entity, Meetinghouse at Commons, LLC will comply. DUnits within the project must also carry a deed restriction for at least fifteen years incorporating the income restrictions and commensurate limitations on resale price. In order to ensure that the project will fully comply with N.E.F. program requirements applicable statutory and regulatory provisions will be enforced by regulatory agreements and deed riders. Should you have any questions, please do not hesitate to contact me. Sincerel Mark H. Lef n Senior Vice President Ell D IS D 0 U Meetingkouse Commons Cat 5moIA Farm 0 0 0 0 o Appendix C �? Evidence of Site Control U o 0 U 0 0 0 0 0 0 0 0 PURCHASE AND SALE AGREEMENT BY AND AMONG H.MICHAEL SMOLA K, JR AS TRUSTEE OF THE SMOLAK FARM NOMINEE TRUST(AS SELLER) AND aMEETINGHOUSE COMMONS LLC (.AS BUYER) OF CERTAIN REAL PROPERTY LOCATED OFF SOUTH BRADFORD AND DALE STREETS,NORTH ANDOVER,MASSACHUSETTS 1. PARTIES. DThis AGREEMENT is made as of the 30th day of August,2001,by and between H. Michael Smolak, Jr., as trustee of the Smolak Farm Realty Trust,u/d/t dated as of August 24, I1 2001,recorded with the Essex North Registry of Deeds in Book 6333,Page 347, having a mailing address of c/o H.Michael Smolak,Jr., 315 South Bradford Street,North Andover. Massachusetts 01845 (hereinafter called"Seller"), to Meetinghouse Commons LLC, a Massachusetts limited liability company having a business address c/o Tara Leigh Development LLC, 185 Hickory Hill bane,North Andover,Massachusetts 01845 (hereinafter together with any assignee he may nominate no later than five(5) days prior to the Closing,the"Buyer"or D "Purchaser'). 2. PREMISES. A. The Premises. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller agrees to sell and Buyer agrees to buy the Premises (as hereinafter defined)upon the terms and conditions hereinafter set forth. As used herein, the term "Premises"shall mean and include those certain parcels of real property,consisting of approximately thirty(30)acres, located off Dale and South Bradford Streets in Nortl, Andover, Massachusetts, shown on Town of North Andover Assessors Map 104D as Lot 28 and a portion of Lot 31, together with any easements or other rights appurtenant thereto, all as more particularly shown as the"Project Parcel"on a plan (the"Site Plan's entitled"Plan of Land, Meetinghouse Commons at Smolak Farm,North Andover,Massachusetts,"dated July 20, 2001, prepared by MI-IF Design Consultants,Inc.(the"Premises") attached hereto as Exhibit A_ For title reference purposes only, see deed to Seller recorded with the Essex North Registry of Deeds in Book 6333,Page 359; see also deed recorded on November 4, 1980 in Book 1467,Page 64 and Essex County Probate Court Docket No. 357304,and more particularly described as a portion of Parcel 1, #9 as well as Parcel 2 in said Deed. D B. Collateral Rim. As consideration for the Purchase Price (as defined in Section 4 below), and at Closing, Seller shall also convey(as part of the Premises to be conveyed) an approximately 50-foot wide access and utility corridor(the"Access Corridor") running from the intersection of Dale and South Bradford Streets, along the discontinued portion 0 of South Bradford Street, to the Premises,the approximate location of such Access Corridor being shown on Exhibit A attached hereto. Seller acknowledges that the Access Corridor shall be the primary means of access to the Premises (as defined herein) as well as the primary means of access the Seller's other agricultural land in the area. The parties acknowledge that the final location of and improvements related to the Access Corridor for the Project may not be finalized I1 L; D n u Draft Date: July 25, 2001 Revised: August 18, 2001 prior to the expiration of the Pen-nitting Period (as defined in Section 71 below), and to this end, the Seller agrees to provide such access, utility and other related improvement rights as may be O reasonably requested by Purchaser or required by governmental permitting authorities to facilitate the approval and construction of the Project, as defined in Section 7.E herein. Prior to presenting the initial plan reflecting the proposed location of the Access Corridor to any Q governmental authority, Purchaser shall provide the same to Seller for its review, comment and agreement, recognizing that the exact location of the Access Corridor and the road system to be constructed therein requires proper placement to accommodate physical characteristics of the site and access by prospective purchasers and developers of the Premises. Thereafter, Seller shall cooperate with any reasonable changes to such Access Corridor or improvements related thereto which are requested by Purchaser or are required by the "Project Approvals" (as defined in Section 7.E), so long as those changes do not materially change from the initial proposal and do not materially interfere with the Sellers' use of its property. Notwithstanding the foregoing, Seller shall reserve such access and other easement rights over the Access Corridor so as to Q preserve Seller's access and other agricultural use rights to said Access Corridor to ensure Seller can continue to use said Access Corridor for all current and future planned agricultural activities by Seller as long as said easement rights do not unreasonably interfere with the Buyer's Dreasonable use of the Access Corridor. Seller's reserved easement rights described herein shall be mutually agreed to by Buyer and Seller and shall be reserved in the Deed to Buyer at Closing. U 3. DEED AND TITLE. L.1 A. The Premises are to be conveyed by a quitclaim deed running to Buyer, or to the nominee designated by Buyer, and said deed shall convey a good and clear record and marketable title to the premises, free from all encumbrances except: Q (i) provisions of existing building and zoning laws; (ii) payable on the date of the delivery of such deed; such taxes for the then current year as are not due except for Chapter 61 A taxes described in Section 18.J and (iii) any liens for municipal betterments assessed after the date of this Agreement. �j B. It is understood and agreed by the parties that Seller's title to the Premises shall not be considered marketable unless: (i) No building, structure or improvement of any kind belonging to n any other person or entity shall encroach upon or under the Premises; and (ii) The Premises shall abut a public way, duly laid out or accepted as such by the city or town in which the Premises are located, or have legal access to same. 4. PURCHASE PRICE; PAYMENT; CLOSING DATE. A. Purchase Price. Subject to the terms and conditions stated in this Agreement (including, without limitation,the provisions relating to adjustments), the aggregate consideration to be paid by the Buyer to the Seller for the Premises shall be Five Million Six 2 r1 �.+ Draft Date: July 25, 2001 Revised: August 18, 2001 U Hundred Twenty-Five Thousand Dollars ($5,625,000) assuming the Buyer obtains Project Approvals for the construction of ninety (90) residential lots and/or units, subject to the following. Should Buyer obtain Project Approvals for the development of any residential lots and/or units in excess of ninety (90), Purchaser and Seller agree to adjust the Purchase Price upward by paying Seller at Closing an additional $62,500.00 for each unit/lot in excess of ninety O (90). On the other hand, should Buyer obtain Project Approvals for the development of any residential lots and/or units for less than ninety (90), Purchaser and Seller agree to adjust the Purchase Price downward by reducing the Purchase Price payable to Seller at Closing by $62,500.00 for each unit/lot less than ninety(90); provided however, should the number of units for which Purchaser obtains Project Approvals be reduced to less than eighty (80) residential lots/units,either Seller or Buyer may terminate This Agreement by providing notice to the other (-? party, in which case, the Deposit shall be returned to Purchaser,and this Agreement shall u become null and void without recourse to the parties. Hereinafter, the purchase price, as the same may be adjusted as noted above, shall hereinafter be referred to as the"Purchase Price." B. Method of Payment. The Purchase Price shall be payable at Closing (as defined in Section4.E herein) as follows: (i) by application of the Deposit (as defined in Section 4.0 herein) in the sum of Twenty-Five Thousand Dollars (525,000.00), plus any Extension Fees (as defined in Section 4.F Dherein); and (ii) Four Million One-Hundred Ninety-Three Thousand Seven Hundred Fifty Dollars ($4,193,750.00), as the same may be adjusted as provided above, in cash or by certified check or other funds acceptable to Seller; and; (iii) The balance in the form of a promissory note in the amount of One Million Four D Hundred Six Thousand Two Hundred Fifty Dollars ($1,406,000.00) based upon 90 residential lots and/or units, or if some number of units other than ninety (90), said note shall be equal to 25% of the Purchase Price, as more particularly described in Sections 4.B(iii) and 5.B herein. C. Deposit. Seller and Purchaser agree and acknowledge that: 0 (i) Deposit. Concurrently with the execution hereof, the Purchaser shall deliver to Hatem and Mahoney LLP, as escrow agent (the "Escrow Agent") a deposit in the sum of Twenty-Five Thousand ($25,000.00) (together with interest thereon, the "Deposit"). (ii) Additional Deposit. Concurrently with the execution of each Extension (if any) n as provided in Section 4.F, the Purchaser shall deliver to Escrow Agent an Extension Fee in the Uamount of Five Thousand ($5,000.00) (together with interest thereon and with the Deposit, the "Deposit"); a (iii) FDIC Insured Account. The Deposit shall be held in an FDIC insured interest bearing escrow account in the names of the parties by Escrow Agent. The Deposit shall also be a held by the Escrow Agent in accordance with the rights, duties and obligations of the Escrow Agent contained in Section I&I hereof. a 3 a Draft Date: July 25 2001 Revised: August 18, 2001 .L C (iv) Application. At Closing, upon performance by each party, the Deposit, as well as the Extension Fee (as defined in Section 4.F herein), shall be credited to the cash obligations of OPurchaser. (v) Balance of Purchase Price. The balance of the Purchase Price, Five Million Six O Hundred Thousand Dollars ($5,600,000.00), subject to adjustments and reductions as provided herein, shall be paid in accordance with Section 13. aD. Payment of Purchase Price. On the Closing Date, the Buyer shall pay to the Seller, by wire transfer of fiends, the Purchase Price. E. Date. The Closing shall take place at 11:00 a.m. on a business day specified in a"Notice of Closing" to be delivered by Purchaser to Seller at least twenty (20) days in advance (the"Closing Date"). The anticipated Closing Date is May 15, 2002 (the "Anticipated Closing Date"), subject to Purchaser's Extension Rights, as defined in subsection 4.F herein. The parties agree to cooperate with each other in scheduling the Closing Date. Notwithstanding any other provision of this Agreement, if the Closing has not occurred by the Anticipated Closing Date, as such date may be extended by Purchaser as provided in subsection 4.F herein, then either party may terminate this Agreement by written notice to the other, whereupon the Deposit and Extension Fee (If any) shall be returned to Purchaser forthwith, and Gthis Agreement shall be of no further force and effect. F. Purchaser's Rights to Extend Closing Date. Notwithstanding any provision herein to the contrary, Purchaser shall have three (3) options to extend the Closing Date for any reason for a period of time indicated in such notice, not to exceed three (3) months each (collectively, the"Extension Rights"), with each such option to be exercised by written a notice to Seller at least twenty (20) days prior to the then scheduled Closing Date, and with each such notice to be accompanied by an extension fee in the sum of$5,000 (the "Extension Fee") which shall be applied to the Purchase Price at Closing. Each extension of the Closing Date, if any, shall also have the effect of automatically extending the Permitting Period for a period of time equal to each Closing Date extension period. If despite Purchaser's diligent efforts to obtain all Project Approvals, Purchaser has not obtained all Project Approvals by the Closing (� Date, as extended by Purchaser's exercise of its Extension Rights, then the Deposit shall be �! returned to Buyer and this Agreement shall terminate without further recourse to either party. G. Excise Tax Stamp and Other Adjustments. The Seller shall be responsible for payment of the excise tax stamp at Closing, by adjustment to the Purchase Price of the amount of such stamp, and other customary adjustments shall be made between Buyer and Seller Oat Closing. H. Default Damages. If the Buyer shall fail to fulfill the Buyer's obligations under this Agreement in violation of this Agreement, the Deposit shall be forfeited and become the property of the Seller as liquidated damages, which shall constitute the Seller's sole remedy at law or in equity for the Buyer's default under this Agreement. Both parties agree that in the event of such failure by the Buyer, it would be impossible to measure the Seller's damages and, therefore, specifically consent to the foregoing amount being the acceptable measure of the n I U � 4 < � Draft Date: July 25, 2001 Revised: August 18, 2001 n VSeller's damages regardless of the amount of any subsequent sales price which the Seller may receive for the Premises. CIf the Seller shall fail to fulfill the Seller's obligations under this Agreement, the Buyer shall have the option of pursuing specific performance or electing to have this Agreement o terminate and, in the latter event, the Deposit and Extension Fees, shall be returned to the Buyer and either election shall constitute the Buyer's sole remedy at law or in equity for the Seller's default under this Agreement. Notwithstanding the foregoing, if Seller's default is intentional, Buyer shall be entitled to recover from Seller such reasonable documented "out-of-pocket" expenses but in no event shall such reimbursement exceed $ 100,000.00. I. Notwithstanding the foregoing, the Buyer and the Seller agree that no breach of this Agreement shall be deemed to have occurred unless the party alleging such breach shall provide the party who allegedly has breached the Agreement Nvith not less than fifteen (15) O business days prior written notice of its alleged failure to fulfill its obligations hereunder(unless the alleged breach occurs less than fifteen days prior to the Closing Date, in which event the notice period shall be the time between the occurrence and the Closing Date, if any) and the D alleged defaulting party shall not have cured such default within the ensuing fifteen-day (or lesser period as provided above). 5. FINANCING: A. Project Loan. Notwithstanding any other provision of this Agreement, the obligations of Purchaser hereunder are contingent upon Purchaser obtaining a binding commitment for financing(the"Project Loan") on terms and conditions acceptable to Purchaser for the purchase of the Premises in an amount deemed satisfactory to Purchaser in its sole a discretion. The Project Loan shall be secured, among other things,by a first mortgage on the Premises. Purchaser shall make application for such financing within one hundred fifty (150) days after execution of this Agreement by both parties and Purchaser shall have until the end of D the Permitting Period to obtain a binding commitment for such financing, and shall inform Seller upon obtaining same. Failure to obtain said financing shall entitle Purchaser to cancel this Agreement by written notice to Seller prior to the expiration of the Permitting Period, whereupon f1 the Deposit shall be returned to Purchaser and this Agreement shall terminate, and the parties �J shall be without further recourse with respect hereto. B. Seller Loan. At the Closing, Seller shall provide Purchaser with purchase money financing for the Premises in the sum of One Million Four Hundred Six Thousand Two Hundred Fifty Dollars ($1,406,000.00), as the same may be adjusted as provided in Section D 4.B(iii), which together with interest thereon, shall be known as the"Seller Loan." The Seller Loan shall be evidenced by a term promissory note (the "Seller Note") and secured by a mortgage (the "Seller Mortgage"), with such Seller Note and Seller Mortgage being executed by Dthe Purchaser and delivered to the Seller at Closing. (i) Terms of Seller Note. (a) Seller Note. Seller Note shall: C n 5 �J Draft Date: July 25, 2001 Revised: August 18, 2001 (1) be in the original principal sum of$1,406,000.00 (as the same may be adjusted in accordance with Section 4.13 (iii)) O (2) bear interest at a fixed rate of the lesser of seven percent (7%) per annum, or the applicable IRS rate at the time of closing a (3) have a maturity date (the "Maturity Date") ten (10) years after the Closing Date (4) require Purchaser to make payments of principal and interest beginning eighteen(18)months after the Closing Date, and on the same day each month thereafter until the month immediately preceding the Maturity Date, or such earlier date as Purchaser may repay the Seller Note in full (5) provide that all outstanding principal and accrued but unpaid interest thereunder shall be due in full without further notice on the n Maturity Date L (6) provide that Seller shall, within five (5) days of Purchaser's written request therefor, execute and deliver to Purchaser an estoppel certificate indicating the unpaid principal balance of the Seller Note, and such other facts regarding the Seller Loan as Purchaser may reasonably request (7) provide that the Purchaser may, from time to time, n prepay the Seller Note, in whole or in part,without penalty, and, L .(viii) provide that any prepayments made by Purchaser with n respect to Seller Note shall be applied to the payment next due, if any. UAny payment made by Purchaser to Seller with respect to the Seller Note pursuant to this Agreement shall be applied against subsequent partial n releases requested by Purchaser regarding the Seller Mortgage until such U amount has been applied in full. (8) Seller Mortgage. The Seller Note shall be secured by a self-subordinating second mortgage which shall be junior only to the Project Mortgage (the "Seller Mortgage"), in form and substance reasonably acceptable to Purchaser, encumbering the Premises. � a (9) Partial Releases. Seller shall deliver to the Purchaser, n within five (5) days of Purchaser's request therefor, from time to time, a lU; partial release of any residential lot(s) or unit(s) in the Project from the lien of the Seller Mortgage in exchange for: a) payment of the sum equal to the sum of the original principal of the Seller Note multiplied by a fraction, the numerator of which is the number lot residential lots/units 6 D Draft Date: July 25, 2001 Revised: August 18, 2001 Csought to be released and the denominator of which is the total number of developable residential lots/units obtained through Project Approvals (the "Seller Note Release Sum"), or if such sum is not yet due and payable under the Seller Note, ab) an irrevocable letter of credit in the sum of the payment which xvould otherwise be required pursuant to subsection 5.b(i)(a)(9) herein, which letter of credit the Seller may draw upon and apply in satisfaction of such partial release payment (thereby reducing the outstanding principal balance of the Seller Note) if Purchaser does not deliver the face amount thereof to Seller within the time mutually agreed:, it being the intention of the parties to allow flexibility by Buyer, based on market conditions. 6. CONDITION OF PREMISES AT CLOSING: At the time of the Closing, the Premises: (i) shall be in the same condition as they now are; (ii) and not in violation of said building and zoning laws; and (iii) not in violation of any restrictive covenant, agreement or other instrument of record affecting the Premises. a7. DUE DILIGENCE AND PERMITTING A. Access to Premises. Between the date hereof and the Closing Date, Seller shall allow Purchaser and its representatives access to the Premises at reasonable times in order to conduct its Due Diligence and Permitting Review. In the course of so doing, Purchaser shall not unreasonably interfere with Seller's use of the Premises and shall cause no physical disruption to the Premises, other than temporary and minimal disruption necessary in order to conduct such inspections. Purchaser will provide Seller with reasonable prior notice of its desire to access the Premises. Purchaser shall indemnify and hold Seller harmless from any and all loss, cost,damage or liability associated with Purchaser's activity on the Premises. B. Due Diligence Review. During the Due Diligence Period (as defined in Section 7.0 below) Purchaser shall be permitted to have a survey prepared and to review Seller's survey or plans of the Premises, review zoning, title, land use regulations, geotechnical a information, wetlands permits or conditions, the presence of oil or hazardous materials on the Premises, other environmental matters, engineering matters, and conduct such other investigations which Purchaser shall deem necessary or appropriate with respect to the Premises (the"Due Diligence Review"). C. Due Diligence Period. The period during which Purchaser may conduct its Due Diligence Review shall commence on the date hereof and expire ninety (90) days after the date hereof which is November , 2001(the "Due Diligence Period"). (i) Termination. If Purchaser is dissatisfied with its Due Diligence Review for any reason, then Purchaser may terminate this Agreement by written notice to Seller(stating the reasons(s) for the termination) delivered prior to the expiration of the Due Diligence Period, whereupon the Deposit shall be retumed to Purchaser, and the parties shall be without further 7 a Draft Date: July 25 2001 Revised: August 18, 2001 obligations or recourse with respect to this Agreement. During the Due Diligence Period, the parties will make good faith efforts to meet with town officials to evaluate the Project and its timetable to completion. D. Seller Due DilisZence Documents. Seller agrees to deliver to Purchaser within ten (10) days after the date of this Agreement, copies of all surveys, engineering reports and studies, environmental reports, plans, leases, pen-nits, permit applications, plans, title insurance policies, test results, tax bills for current fiscal year and other relevant documentation pertaining a to the condition and title to the Premises in its possession, rop vided, however, Seller makes no representation or warranty as to the completeness or accuracy of any of such reports but knows garding the information provided by Seller. of no inaccuracy re E. Permitting Review. During the Permitting Period (as defined in Section TF herein), Purchaser shall make good faith efforts to obtain, at its expense, all necessary or desirable final variances, special permits, comprehensive permit issued under M.G.L. c.40B, building permits, certificates of occupancy, site plan approvals and/or subdivision approvals and final approvals, permits, licenses and releases from the Town of North Andover and all other D governmental authorities (collectively, the "Project Approvals") in order to allow Purchaser to develop and complete the Project in accordance with this Agreement, with such Project Approvals to be satisfactory to Purchaser in Purchaser's sole discretion. The process of a Purchaser obtaining its Project Approvals is herein referred to as the "Permitting Review." For Project Approvals to be deemed "final," all appeal periods applicable to such permits, licenses, approvals, and releases shall have expired without an appeal having been taken, or if appeal has abeen taken, after successful resolution thereof and all further appeal periods having expired. For purposes of this Agreement, the term "Project" shall mean the Purchaser's obtaining all Project Approvals which would enable the Purchaser to permit, finance, constrict, and sell approximately ninety(90) residential units and/or lots with an associated clubhouse/meeting center, along with all access and utility and other improvements customarily included in such a development, upon terms and conditions acceptable to Buyer in Buyer's reasonable discretion. Prior to first submitting any permit or approval application to the Town of North Andover, Seller shall have the right to review and approve the proposed Project Plans, such approval to not be unreasonably withheld or delayed. The parties intend the Project Approval process to be a collaborative process in establishing a Project design acceptable to Seller but financially feasible for Buyer to develop in accordance with Buyer's Project plans. CF. Permitting Period. The period during which Purchaser may conduct its Permitting shall commence on the date hereof and shall expire on May 15, 2002, as the same may be extended pursuant to Section 4.F(the "Permitting Period"). Should Seller fail to, or elect Lto, timely extend the Permitting Period, or should all Project Approvals not be obtained at the expiration of the Permitting Period at the expiration of all Extension Rights, all as provided herein, then this Agreement shall terminate in which case, the Deposit (except for the Extension CFees) shall be returned to Buyer, Buyer shall provide Seller with all engineering and other work product produced on behalf of Purchaser and execute a written assignment of the same, and this aAgreement shall tenninate without further recourse by either Buyer or Seller. 8 Draft Date: July 25, 2001 Revised: August 18, 2001 �I 8. EXTENSION OF TIME: Except with respect to the Extension Rights related to the Permitting Period which are addressed in Section 41, if Seller shall be unable on the Closing Date to deliver title or to make conveyance or to deliver possession of the Premises, all as herein stipulated, or if on the Closing O Date the Premises do not conform with the provisions hereof, or if any warranty or representation herein set forth is not true and correct as of the Closing Date, then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein or to C make the Premises conform, or to correct any untrue warranty, or representation, as the case may be, in which event the time for performance shall be extended for a period to be designated by Buyer in writing, but not to exceed sixty(60) days. "Reasonable efforts" shall not require Seller to expend more than $5,000.00. 9. FAILURE OF TITLE OR CONDITION: If at the expiration of the extended time provided in paragraph 8 above Seller shall have failed so to remove any defects in title,deliver possession, or make the Premises conform, as the case may be, all as herein agreed, then at Buyer's election, exercisable by written notice to Seller, this Agreement shall be canceled and void and the Deposit returned to.Buyer, or Buyer shall have the right to close this transaction, paying for the Premises the frill stated purchase price, all subject, however, to the provisions of paragraph 10 below. Notwithstanding the provisions of Section 7.0 above, the title review shall be completed within ninety(90) days after the execution date of this agreement, after which time, Buyer shall be estopped from claiming a any defects in title, except for those encumbrances appearing of record after the expiration of the 90-day title review period above. O10. BUYER'S RIGHT TO CLOSE NOTWITHSTANDING DEFECTS: The Buyer shall have the election, at either the original or any extended time for performance, to accept such title as Seller can deliver to the said premises in their then condition and to pay therefor the purchase price without deduction, in which case Seller shall convey such title. 11. USE OF PURCHASE PRICE TO CLEAR TITLE: To enable Seller to make conveyance as herein provided, Seller shall (if not paid prior to the Closing Date), at the time of delivery of the deed, use the purchase price, or any part thereof, to obtain-the instnUments necessary to clear the title of any or all encumbrances or interests which are to be discharged, removed or eliminated by Seller in accordance with the terms hereof, and all instruments so procured are to be recorded simultaneously with the deed or within a reasonable time thereafter. 12. INSURANCE: Seller agrees to maintain its existing insurance on the Premises through the Closing Date, including any extensions thereof. Li E9 Draft Date: July 25, 2001 Revised: August 18, 2001 13. ADJUSTMENTS: DReal estate taxes shall be adjusted on a per diem basis, calculated by dividing the yearly tax payment prior to project approval by 365. If the amount of taxes assessed against the Premises, prior to project approval, is not known at the Closing, then the taxes shall be a apportioned on the basis of the taxes (as abated, if applicable) assessed for the preceding year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; provided that if the parties can estimate an amount which is likely to be more accurate than the preceding a year's taxes, then such estimated amount shall be used as the basis for the tentative apportionment (subject to reapportionment as aforesaid). If the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the C reasonable costs of obtaining the same (including reasonable attorney's fees), shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 14. BROKER; COMMISSIONS: A. Buyer represents and warrants to Seller that Buyer has not contacted any real estate broker in connection with this transaction and was not directed to Seller as a result of any services or facilities of any real estate broker. Buyer agrees to indemnify Seller against and to hold Seller ham-iless from any loss, damage, cost (including, without limitation, attorneys' fees) or liability which Seller may incur as a consequence of any breach of the foregoing warranty and representation. The provisions of this paragraph shall survive delivery of the deed. B. Seller represents and warrants to Buyer that Seller has not listed the Premises or otherwise entered into a brokerage agreement with any real estate broker. Further, Seller agrees to indemnify Buyer against and to hold Buyer harmless from any loss, damage, cost (including, without limitation, attorneys' fees) or liability which Buyer may incur as a consequence of Seller's having listed the property or otherwise entered into a brokerage aagreement with any broker. The provisions of this paragraph shall survive delivery of the deed. 15. CLOSING DOCUMENTS: At the Closing Seller shall deliver to Buyer the following duly executed (and notarized) documents or instruments (the "Closing Documents"): a (a) Quitclaim deed to the Premises in accordance with the provisions of Section 3 of this Agreement. (b) An affidavit in the form customarily required by Buyer's title insurer for the purposes of deleting from owner's and lender's title policies the standard exceptions for n parties in possession and mechanics' liens or any liens for sums owed to municipal lighting �J plants. (c) Any forms required to comply with Internal Revenue Service reporting requirements. 10 Draft Date: July 25, 2001 Revised: August 18, 2001 (d) Originals of all plans, permits, permit license or guarantees pertaining to the Premises, to the extent the same are within Seller's possession or control. a (e) All other instruments which may be necessary to establish buyer as the record owner of title to the Premises, in accordance with the requirements of Section 3. (f) Any other documents required to be delivered at Closing pursuant to this agreement. Q16. WARRANTIES AND REPRESENTATIONS: With the sole exception of the representations and warranties expressly set forth Ell herein and in any of the Closing Documents, Seller makes no warranties or representations of any kind in connection with the Premises. In particular, and without limiting the foregoing, Seller makes no warranty or representation regarding the present or future use of the Premises, the habitability of any structures, the condition of any wells or septic systems, availability of any utilities, access, income potential, compliance of the property with applicable zoning or other land use laws or regulations, the existence or non-existence e radon lead paint or other health hazards. Without a of oil or hazardous materials, asbestos, limiting the foregoing, all property shall be conveyed "AS IS." Other than as set forth herein and in any of the Closing Documents, any warranty or representation made by any person is expressly without authority. All personal property and fixtures being sold (if any) shall be conveyed AS IS and WHERE IS,AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prior to the closing, Purchaser is encouraged to inspect (and/or to hire inspectors to inspect) all matters and conditions regarding the Premises, the occupancy thereof, and all other matters in connection with the purchase of the Premises. Notwithstanding this provision, at Closing the Premises shall be delivered to Purchaser in the same condition existing as of the date of this Agreement. 17. NOTICES: All notices permitted or required to be given hereunder (other than notices indicating a request for access to the Premises) shall be in writing and sent by registered mail, postage prepaid, return receipt requested, or hand delivered, addressed as follows: If to Seller, to Seller at the address Joseph V. Mahoney, Esq. provided above, with a copy to: Hatem &Mahoney LLP 127 Turnpike Street North Andover, Massachusetts 01845 If to Buyer, to Buyer at the address Anthony A. Copani, Esq. provided above, with a copy to: 265 Broadway Methuen, Massachusetts 01844 or to such other address or addressed as the parties may designate from time to time by notice given in accordance with this paragraph. Any such notice shall be deemed given on the date of such mailing or hand delivery, as the case may be. 11 n '--' Draft Date: July 25, 2001 t Revised: August 18, 2001 18. MISCELLANEOUS U A. Survival of Obligations. All provisions which are to be performed or which apply to circumstances subsequent to the Closing Date shall survive the Closing and shall not be merged into any instrument of conveyance delivered at Closing. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. C. Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, the Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The Seller acknowledges and agrees that it has been given reasonable opportunity to review, and has reviewed, this Agreement, and all other documents executed in connection therewith and that the Seller has been given reasonable opportunity to consult with counsel in connection with negotiation and execution of such documents. D. Damage, Destruction or Condemnation. Fire or Casualty. Q (i) Risk of loss to the Premises from fire or other casualty shall be borne by Seller until Closing. If the Premises or any portion thereof is damaged or destroyed by fire or other casualty insured against prior to the Closing and the estimated cost of repair as determined by Seller's insurer is greater than $25,000 and the Premises is not completely restored by Seller by the Closing Date, then: a (a) Purchaser may elect to proceed with the Closing, in which case, Seller shall pay over the proceeds of such insurance to Purchaser, plus the amount of any deductible, but if the holder of a mortgage shall withhold consent to the payment of the insurance proceeds to the Purchaser, the Purchase Price shall be reduced by the cost of such repairs (as estimated by Seller's insurer), and Seller shall be entitled to such insurance as is paid on the claim of loss. (b) Purchaser may elect to terminate this Agreement, in which event this Agreement shall be deemed null and void and the parties hereto shall have no further obligations to or recourse against each other. If Purchaser elects to terminate this Agreement, it shall notify Seller no later than the earlier of: (1) sixty (60) days after Purchaser receives written notice of such damage or destruction from Seller; or (2) the Closing Date. e, In the event of any fire or other casualty, if Purchaser does not terminate this agreement as herein provided, then Purchaser shall purchase the Premises for the Purchase Price and Seller shall assign all insurance proceeds to Purchaser, or, to the extent such proceeds are C n 12 LJ Draft Date: July 25, 2001 Revised: August 18, 2001 not assignable, or to the extent any portion of such damage is uninsured, Purchaser shall receive a corresponding reduction in the Purchase price at Closing. aE. Condemnation. If, prior to the Closing, all or any portion of the Premises becomes the subject of a condemnation proceeding or threat thereof by a public or quasi-public D authority having the power of eminent domain, Seller shall immediately notify Purchaser thereof in writing and Purchaser may: (i) elect to proceed with the Closing, in which event Purchaser shall be entitled to receive all proceeds of any award or payment in lieu thereof resulting from such proceedings or threat thereof; or (ii) elect to terminate this Agreement, in which event this Agreement shall be null and void and the parties hereto shall have no further obligations to or recourse against each other. If aPurchaser elects to terminate this Agreement, it shall so notify Seller no later than the earlier of- (a) f(a) sixty (60) days after Purchaser receives written notice of Qsuch damage or destruction from Seller; or (b) the Closing Date. F. Recording of Aazreement. If the Buyer records this Agreement or any notice hereof, the Seller may at its election declare this Agreement null and void, and retain all deposits made hereunder, together with the interest thereon. G. No Offer. This Purchase and Sale Agreement shall not constitute an offer a and shall not be binding against either party until such time as a fully executed copy of this Purchase and Sale Agreement is received by each party and the Deposit is received by the Escrow Agent. H. Confidentiality; Other Buyers. In connection with any information obtained by the parties to this Agreement, such information shall be held in the strictest confidence. Notwithstanding the foregoing, the Buyer and the Seller shall be entitled to share such information as necessary with their respective agents, lenders, consultants, contractors and employees provided that such person(s) enter into an understanding that such information is confidential. I. Rights Duties and Obligations of the Escrow Agent. The Escrow Agent D has acted as counsel to the Seller in connection with this Agreement. The Buyer agrees that the Escrow Agent will not be disqualified, by reason of having acted as Escrow Agent, from representing the Seller in any dispute which may arise between the parties to this Agreement. The Escrow Agent (i) shall not be responsible for any of the documents or agreements referred to herein (except in connection with representing the Seller with respect to the same) but shall be obligated only for the performance of such duties as are specifically set forth in this Agreement; (ii) shall not be obligated to take any legal.or other action hereunder which might in its judgment U involve any expense or liability unless it shall have been furnished with indemnification (backed by adequate financial assurances) acceptable to the Escrow Agent; (iii) may rely on and shall be Dprotected in acting or refraining from acting upon any written notice, instruction, instrument, 13 C CDraft Date: July 25, 2001 Revised: August 18, 2001 Estatement, request or document furnished to it hereunder and believed by it to be genuine and to have been signed or presented by the proper person, and shall have no responsibility for 11 determining the accuracy thereof; and (iv) may consult counsel satisfactory to it, including Lcounsel within Hatem and Mahoney LLP, and the opinion of such counsel shall be fi►11 and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in accordance with the opinion of such counsel given in good faith. Neither the Escrow Agent nor any of its partners, employees or agents shall be liable to anyone for any action taken or omitted to be taken by it or any of its partners, employees or agents Chereunder except in the case of gross negligence or willful misconduct. The Buyer and the Seller L� covenant and agree to indemnify the Escrow Agent and hold it harmless, without limitation, from and against any loss, liability or expense of any nature incurred by the Escrow Agent arising out of or in connection with this Agreement or with the administration of its duties hereunder, including but not limited to reasonable legal fees and other costs and expenses of defending or preparing to defend against any claim or liability arising out of or relating to this Agreement and its obligations hereunder, unless such loss, liability or expense shall be caused by the Escrow Agent's willful misconduct or gross negligence. In no event shall the Escrow Agent be liable for indirect or special or consequential damages. Notwithstanding any other provision contained Ell herein to the contrary, the indemnification provisions contained in this Section shall survive the termination of this Agreement. EWhenever the Escrow Agent shall be required to take any action with respect to the Deposit or this Agreement, the Escrow.Agent may require such certificates, documents and instruments from the Buyer, the Seller and/or others as the Escrow Agent may deem necessary or advisable to enable it to discharge its duties hereunder. The Escrow Agent is entitled to rely, in good faith, upon such certificates, documents and instruments which it believes to be genuine as to their validity and effectiveness as well as to the truth and accuracy of any information contained therein. The Escrow Agent may at any time resign as Escrow Agent hereunder by giving three (3) days prior written notice of resignation to the Seller and the Buyer. Prior to the effective date of the resignation as specified in such notice, the Seller and the Buyer shall issue to the Escrow Agent a written instruction authorizing re-delivery of the Deposit to the Escrow Agent's successor. If such notice is not given, the Escrow Agent may apply to a court of competent jurisdiction for appointment of a successor Escrow Agent. The Buyer and the Seller shall pay all a of the costs and fees (including without limitation, all reasonable legal fees and expenses) of any such successor Escrow Agent. O Chapter 61A.. The parties acknowledge that the Property is subject to special property tax treatment pursuant to Massachusetts General Laws Chapter 61 A. Buyer acknowledges that he does not intend to continue the present agricultural/horticultural use of the Property after the Closing. Pursuant to M.G.L. c. 61A §14, Seller must notify the Town of North Andover of the a intended sale and change of use of the Property. Prior to sending such notice, Seller will provide Buyer with a copy of said notice and Seller shall file said notice with the Town at least 120 days a prior to the Closing Date. After such notice is sent, the Town of North Andover(or its assignee) will have a 120-day first refusal option to meet Buyer's offer to purchase the Property. If the Town of North Andover or its assignee exercises its option to purchase the Property as provided in M.G.L. c. 61 A §14, Seller shall present Buyer with a copy of such offer, in which event this 14 Draft Date: July 25, 2001 Revised: August 18, 2001 Agreement shall be terminated and all deposits held by Seller shall be returned to Buyer; provided however, that Buyer shall be reimbursed for its reasonable "out-of-pocket" expenses" upon the closing of the Town's purchase of the Property Buyer shall be entitled to recover from Li Seller such reasonable documented "out-of-pocket" expenses but in no event shall such reimbursement exceed $ 100,000.00, along with an amount not to exceed $50,000.00 which reflects Seller's time expended in pursuit of Project Approvals. If the Town of North Andover or its assignee do not exercise its first refusal option pursuant to M.G.L. c.61 A, Seller shall pay all applicable rollback, conveyance or other assessments to the Town of North Andover by the Closing Date. J. Additional Seller Rights. Notwithstanding anything to the contrary in this agreement, i f in the considered opinion of Seller that the Buyer is incapable of completing the project, or that Thomas Zahoruiko is unable to perform under the terms of this Agreement due to his death or incapacity, Seller shall so notify the Buyer and Buyer shall assign its rights and Dentire interest in this Agreement and project to Seller, in which event this Agreement shall be terminated and all deposits held by Seller shall be returned to Buyer; provided however, that Buyer shall be entitled to recover from Seller such reasonable documented "out-of-pocket" expenses but in no event shall such reimbursement exceed $ 100,000.00, along with an amount not to exceed $50,000.00 which reflects Seller's time expended in pursuit of Project Approvals, provided that Buyer has been using best efforts to diligently obtain such Project Approvals. O K. Assignment. This Agreement may not be assigned by either party without g the express written consent of Buyer and Seller, except that Buyer may assign this Agreement to a limited dividend entity which is owned and controlled 100% by Buyer in order to obtain a comprehensive permit pursuant to M.G.L. c.40B, and Seller may assign this Agreement to an entity which 100% owned or controlled by Seller and immediate family members or siblings of Seller. 19. ENTIRE. AGREEMENTS; RULES OF CONSTRUCTION: a This instrument executed in multiple counterparts, is to take effect as a sealed P rP instrument; sets forth the entire contract between the parties; merges all prior and contemporaneous agreements, understandings, warranties, or representations; shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns; and may be canceled, modified or amended only as set forth herein or by written instrument executed by both Seller and Buyer. The captions and index notes are used only as a matter of convenience and are not to be considered a part of this n Agreement or to be used in determining the intent to the parties to it. LEXECUTED as an instrument under seal as of the day and year first above written. CSELLER: BUYER SMOLAK FARM REALTY TRUST Meetinghouse Commons LLC B � By: IlicAh-ael Smolak, J Th s D. Zahoruiko, its Manag . sole trustee, duly authorized 15 DraftDate: July 25, 2001 Revised: August 18, 2001 n EXHIBIT A LSite Plan and Description of Premises U C 16 In Meetinghouse Commons at 5molak Farm �i Appendix D n List of Exemptions Requested �J G C C' C_ -3 F--:1 C--:1 1-3 LIST OF EXCEPTIONS NORTH ANDOVER WETLANDS PROTECTION BYLAW AND NORTH ANDOVER WETLANDS PROTECTION REGULATIONS BYLAW/REGULATION TrME DESCRIPTION REQUIRED PROPOSED Section 178 and North Andover Requested Exception from Section 178 and Permit Required. Local Excepted from local Section 9-1 of Wetlands Protection Local Wetlands Regulations in their Wetlands Permit issued in wetlands bylaw. General Bylaws Bylaw and Entirety,including but not limited to, accordance with Town of Wetlands Order of Regulations/ applicable definitions, standards, fees and North Andover Wetlands Conditions to be issued Performance policies. Protection Bylaw and under State Wetlands Guaranty Wetlands Protection Protection Act, MGL c. Requirements Regulations 131, sec. 40("Wetlands Act")and 310 CMR 10.00("Wetlands Regulations"). This application serves as an application under Section 178 of the Local Wetlands Bylaw and Regulations. Wetlands Notice of Intent shall be filed with the North Andover Conservation Commission. -1- 1---3 c-3 C- NORTH ANDOVER ZONING BYLAW BYLAW/RBGULATION TITLE DESCPHnON REQUIRED PROPOSED 4. Buildings and Uses Excepted. Permitted 4.1.1.4 General Provisions Accessory Uses, as defined herein, shall be Compliance Required. See plans. (Accessory Uses) on the same lot with the building of the Accessory uses must be owner or occupant, and shall be such as not on the same lot with the to alter the character of the premises on building of the owner or which they are located nor impair the occupant. neighborhood. 4.121.1 Residence 1 District One family dwelling, but not to exceed one Compliance Required. See plans. dwelling on any one lot. No more than one family dwelling on any one lot. 4.137 Flood Plain District See plans. 4.2 Phased Development Building Permits for the construction of Compliance Required. No limitation on Bylaw single family or two family dwellings in a Phased development of development of number subdivision or on contiguous Form A lots lots which limits the of units/lots in any one held in common or related ownership on the number of lots which can year. effective date of the provision shall not be be developed annually granted at a rate greater than as permitted by based upon the number of Section 4.2. lots within proposed subdivision or contiguous Form A lots held in common ownership. 5. Earth Materials Excepted. Removal 5. Earth Materials Earth Removal Special Permit Compliance Required. Excepted. Removal Miscellaneous Soil Removal Permit issued by Building Inspector, or Permit issued by Zoning Board of Appeals (Sections 5.5 through 5.9) 6.1 Sign Zoning Bylaw Signs Excepted. and General Bylaw. -2- NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED 6.6.A.6 Sign Zoning Bylaw Ground Signs in Residential District— Compliance Required. Excepted. and General Bylaw Accessory Signs Ground signs shall be set (Permitted Signs) back a minimum of 10 feet from all property lines and a minimum of 40 feet from all residential districts and structures. 6.6.A.7 Sign Zoning Bylaw Off-Premises Signs in Residential District— Permit Required. Off— Excepted. and General Bylaw Accessory Signs. Only signs pertaining premises signs in right-of- (Permitted Signs) exclusively to the premises on which they way authorized by Board are located or to products, accommodations, of Selectmen, or on services or activities on the premises shall be private property allowed, except that an off-premises authorized by Special directional sign may be erected. Permit from Zoning Board of Appeals 7 Dimensional Excepted. Requirements 7.1 Lot Area Minimum lot areas for such uses in each Compliance with Excepted. See plans. district shall be as set forth in Table 2, schedule required. Summary of Dimensional Requirements, Residential 1 District which is hereby made a part of this Bylaw. requires 87,120 s.f. per lot. 7.1.1 Contiguous The area of any new lot created,exclusive of Compliance Required. Excepted. See plans. Buildable Area area in a street or recorded way open to At least 75% of the public uses. minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the State Wetlands Act and Local Wetlands Bylaw. -3- C_7 NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TTTLE DESCRIPTION REQUIRED PROPOSED 7.1.2 Lot Width Minimum lot width required for any lot Compliance Required. Excepted. See plans. created after 5/l/95. The minimum width of a lot shall be the distance of 100 feet between the street frontage and the front building line. The width shall be measured in a line parallel to the street. 7.1.3.1 Restrictions Restrictions on lot area, CBA,and street Compliance Required. Excepted. See plans. frontage calculations for lots created after When a 50-foot straight 5/1/95.. line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater that 200 feet, then such smaller piece shall not be included in the calculations of lot area, CBA, and street frontage as required by the "Summary of Dimensional Requirements,"Table 2. Of this bylaw. 7.1.3.2 Restrictions Lot depth restriction for lots created after Compliance Required. Excepted. See plans. 5/1/95. Lot shall have a depth of 30 feet or more for at least 80% of the minimum length of its frontage as required by the"Summary of Dimensional Requirements,"Table 2. of this Zoning Bylaw. -4- NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED 7.1.3.3 Restrictions Buildings on lot. Compliance Required. Excepted. See plans. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this Bylaw except as may be permitted otherwise by variance granted by the ZBA. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) so retained until all of such land and lots meet the requirements of this Zoning Bylaw. 7.2 Street Frontage Minimum street frontage shall be as set forth Compliance required. Excepted. See plans. in"Summary of Dimensional Requirements,"Table 2, and actual street 175 feet(minimum), frontage at the street line shall be not less unless reduced to no less that 75 feet unless allowed by Special Permit than 75 feet by Special as a frontage exception under 7.2.2 . Permit. -5- NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TITLE DESCRIPTION REQIWD PROPOSED 7.2.1 Access Across Street Mandates access to lot be from street Compliance Required. Excepted. See plans. Frontage frontage. Access to each lot,except for Access to each lot, except corner lots, must be across street frontage. for corner lots, must be across street frontage unless otherwise authorized by the Planning Board by Special Permit. 7.2.2 Frontage Exception Allows certain exceptions to Sections 7.1.2 Special Permit Required Excepted. See plans. and 7.2 based on certain criteria. for exceptions. 7.3 Yard Setbacks R-1 District Excepted. (Minimum) Front Yard Setback 30 feet See plans. Side Yard Setback 30 feet See plans. Rear Yard Setback 30 feet See plans. 7.4 Building Height Maximum building height. 35 feet See plans. 7.7 Dwelling Unit Maximum Dwelling Units Per Acre N/A Excepted. Density 7.8 Exceptions Exception to applicability of lot area and Compliance Required. Excepted. frontage requirements to certain lots. The residential lot areas and frontages required and listed in Table 2 do not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show it was recorded on a plan prior to 1/9/57. -6- C� C--j F-DC� C�J Cl CEJ O © C� C� C-7 =D NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED 8 Supplemental Excepted. Regulations 8.1 Off Street Parking Residential parking requirements. Compliance Required. 2 See plans. spaces per dwelling unit. 8.1.8 Parking. Multifamily parking requirements. Compliance Required. See plans. The front yard shall not be used for parking for accessory uses. 8.3 Site Plan Review Single family and two family dwellings are Special Permit Required. See plans. exempt. For residential sites other than single family and two family dwellings. 8.7 Growth Management Limitation on the number of building Compliance Required. Applicant proposes to be Bylaw. permits to be issued town-wide in any year. Maximum number of exempted from Section [Exempts dwelling units for senior building permits for new 8.7 through the issuance residents.] dwelling units per year is of a Comprehensive 12.5%of total in Permit. development. 10 Administration 1.0.1.1 Building Permit No building shall be erected, altered, Building Permit. Comprehensive Permit. moved, razed or added to in North Andover without a written permit issued by the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building(including the plot plan)and intended use thereof in all respects fulfill the provisions of the North Andover Zoning Bylaw(and other applicable Town bylaws)except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals -7- NORTH ANDOVER ZONING BYLAW BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED 10.1.2 Occupancy Permit No building hereafter erected,enlarged, Occupancy Permit Comprehensive Permit. (Zoning) extended, or altered shall be used or Required. occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Inspector. No building or land changed from one use to another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of the Zoning Bylaw and off all applicable codes. -8- C-73 L 1 173 771 C—J NORTH ANDOVER SUBDIVISION RULES AND REGULATIONS BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED Town of North Subdivision Regulations Compliance with The Subdivision Andover, Subdivision Regulations. Regulations be Massachusetts substituted entirely by Planning Board the Massachusetts State Rules and Building Code, Sixth Regulations Edition, Governing the 780 CMR, except to the Subdivision of Land extent complied with as in North Andover, shown on the plans. Massachusetts (November, 2000) -9- C-73 C--D C-7D NORTH ANDOVER BOARD OF HEALTH REGULATIONS BYLAW/REGULATION TITLE DESCRIPTION REQUIRED PROPOSED Town of North Local Title 5 Regulations Compliance with Title 5 Excepted. Proposal Andover Minimum Regulations. includes sewer line tie-in Requirements For to Town sewer system. The Subsurface Disposal of Sanitary Sewage -10- C-7 C� C� CO O CO O O O O O O O O O C O O C-7 CODE OF THE TOWN OF NORTH ANDOVER,MASSACHUSETTS NORTH ANDOVER GENERAL BYLAWS BYLAW/REGUI.ATION TME DESCRIPTION REQUMED PROPOSED Chapter 77, Sec. 77-1 Building Permit Fees Itemizedpermit_fees. Pa ment of Fees. No Fee Payment. Chapter 154 Sewer Connection DPW Permit Excepted. Permit Water Connection DPW Permit Excepted. Permit Section 161-3 Street Excavation DPW Permit Excepted. Permit Section 161-4 Driveway Permit I DPW Permit Excepted. The Applicant has made a good faith effort to specifically identify all applicable exceptions under the Town of North Andover General Bylaws and Zoning Bylaws and other local bylaws and regulations, and reserves its right to modify this list as necessary. To the extent that an exception is not listed above, the Project is at variance with a local requirement, and the final project Plans show the particular local requirement is not met, the Applicant shall be deemed to have requested an exception for such requirement. -11- � C n Meetinghouse Commons Lat 5molak Farm D 0 0 0 0 Appendix E Plans & Drawings 0 0 0 0 0 0 0 0 n C-7 O O O CO O CO O O O O O O O CO O C� CO O i�,'.v'.A•{ t';c'.�r 7 y�., ,. .E-.��`*"' a� �. r. 'd* '•�+Yr_, t_ _ �•, a�'"7", t" .'Sy. s - ..a' -T.r - ra � y .r i t fx' ; i'..-..'•S�. ,3 � `^ .¢� j"•. "4 �k�,�'"r��. � -}.q, g�`. 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""�'"�""� •. «., •,.-x^•a�-.r ,.--_� .: ::.:=�T;^v�-..x .w., �'*ggG�c'-..�t'x,...-�:,. �"�"-'�• .�Z.�',�E' a5 ,TUN-23-01 11 :43 AM ROB BRA MHALL ARCHITECTS 978 749 9659 P.01 41 t li t ti r i1 i I 1 1 D D .. � I JUN-23-01 11 :43 AM ROB BRAMHALL ARCHITECTS 978 749 9659 ' R P.02 24 0 4 ' mpp+ • i Itl l 1 �....-1' 4 Ell ld , eii U 1 D i D nLi � D D D �� JUM-23-01 11 :44 AM ROB BRAMHALL ARCHITECT$ 978 749 9659 V�'1 P-04 i 0 1. 0 p i • - i n L �n..D Meetinghouse Commons at jmoIA Farm D -� Appendix F Comprehensive Traffic Study l� (PROVIDED UNDER SEPARATE COVER) .D D L� D D D D D D c N Town of North Andover F ttORTH Office of the Zoning Board of Appeals Community Development and Services Division * c 27 Charles Street - °^TED r�y� North Andover,Massachusetts 01845 s�s D. Robert Nicetta Telephone (978)688-9541 Fax W-9542 Building Commissioner o C_ ti o ' oc-)70 �� -m rTi N �fTl CD U r"i cD r, _. Special Zoning Board of Appeals Meeting,, DCD CD There will be a Special Zoning Board of Appeals Meeting on April 24, 2002 at 4:00 p.m. in the Town Hall Library Conference Room 120 Main Street to discuss Meetinghouse Commons at Smolak Farm BOARD OF APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andovera`%O oT b,tio Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street °� -�•�'' North Andover, Massachusetts 01845 9sSAc►+us�t D. Robert Nicetta Telephone (978)688-9541 Fax(978)68-8-9542 Building COi7 missioner C.---.) C- Q C �f �: 0 or �7;Uc.nc-3 Special Zoning Board of Appeals Meeting,, CD J There will be a Special Zoning Board of Appeals Meeting on April 24, 2002 at 4:00 p.m. in the Town Hall Library Conference Room 120 Main Street to discuss Meetinghouse Commons at Smolak Farm BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING688-9535 Meetinghouse Commons Comprehensive Permit Conditions The Project /r 1. The project and the property shall be bud substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the"Board") and referenced below (the "Plans"). 2. The Plans are as follows- Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1- 45 Prepared for: Meeting House Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 0 18 10; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 0 ' al Date: July 20,2001 �innaevision date: April 17, 2002 17 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of �and (Sheet 3A)showing the lot for the Project. 2 4 D zooz BOARD OF6PCR rgi,t\301660\0001\F0210312.Doc;5} 4. The project shall consist of eighty-eight(88) units, a community center building in accordance with the Plans (the"Project"). Twenty-five percent (25%) of the eighty-eight(88) units or twenty-two (22)units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight(48) residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction,Meeting House Commons, LLC (MHC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install,maintain,repair or replace utilities in the portion of South Bradford Street south of the Project. V J qCcelr y 44 l� " 2 {J:\CLIENTS\l it\301660\0001\F0210312.DOC;5} Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the"Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty (30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law,but in no event less than ninety-nine(99)years. Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of 3 {J ACLIENTS\li1A301660\0001\F0210312.DOC;5} its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston (FHLBB)by and through the actual financing bank (Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project as defined by applicable regulations. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units 4 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;51 (the"Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided,however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA) to monitor the Project. If, for any reason, MHC is unable to retain CHAPA,then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Proj ect. 5 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5} Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project(the"Condominium Documents")which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant");provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town 6 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5} Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s) that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the r � Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. Leasing or renting of the affordable units shall be prohibited except as otherwise provided by the Regulatory Agreement and any Deed Rider for an individual unit. 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including,but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance,public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 7 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5} 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 8 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5} 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west(representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization tion of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 9 {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5) 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street. y 37. At least three (3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street. J� U 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 10 {J:\CLIENTS\1 it\301660\0001\F0210312.DOC;5} 42. Prior to the commencement of construction,MHC will post a bond or security in the amount of$250,000.00 with the Town of North Andover, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. a Fire Protection 43. All buildings well beequipped with a s sprinkler system ill- all p Y state codes including Fire(NFPA 13D) and Building Code regu 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction,MHC shall submit a certificate of insurance,which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. Il {J:\CLIENTS\lit\301660\0001\F0210312.DOC;5 1 49. Prior to obtaining a building permit, MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty(60) days of said submission. 50. Prior to obtaining a building permit, MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules,regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00, the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of p P Environmental Protection (DEP) Stormwater Management Policy. 12 {JACLIENTSUiA301660\0001\F0210312.DOC;51 i 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP, 56. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof,not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. 13 {J:\CLIENTS\l it\301660\0001\F0210312.DOC;5} Exhibit 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts, Meetinghouse Commons, LLC seeks exemptions from or waiver of all local by-laws, rules, regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). H. North Andover Zoning By-Law Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See I community meeting house {J:\CLIENTS\lit\301660\0001\F0210313.DOC;41 1 ,I Summary of Use (containing an exercise Regulations, table attached area, conference meeting j ("Use Table"). rooms,kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.4 Accessory Uses Allowed Accessory uses must be on All accessory uses to serve the same lot with the buildings or dwellin s not bruiIding-.f-the ow-lGr-oar otherwise all he occupant. R-1 district. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR ft 4el Ads 10.57 (Zone A– 100 Year. Floodplain), regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §_5EEart-Earth-Materials-& 'I-- ce11a. eous soil removal Complete exem do permit issued by u1 q uesled. inspector, or permit issued by Zoning Board of Appeals (Sections 5.5 through 5.9). §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a {J:\CLIENTSVit\301660\0001\F0210313.DOC;4} 2 i the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption (J:\CLIENTS\lit\301660\0001\F0210313.DOC;4) 3 Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. III. North Andover Subdivision Rules and Regulations Local Regulation Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Code of the Town of North Andover, Massachusetts (North Andover General BY-Laws) .,Local Regulation Required Proposed Chapter 69'2.Alarm Installation and Payment of fees relating to All fees capped at Permit Requirements; Chapter 77, Fire Alarm Permit, $5,000.00. §77-1 Building Permi'tFees; Chapter Building Permit, 154 Sewer Connection Permit; Department of Public Water Connection Permit; §161-3 ,Works Permit;regulations Street Excavation Permit; §161-4 pertaining to street Driveway Permit; § 173-2 excavations, driveway Determination of Number of access and hafidicapped (Handicapped Parking) Spaces parking space calculations regulations pertaining to~� water main taps, service connection sizes and installation regulations; fee �. schedule for plumbing installation; fee schedule J:\CLIENTS\Iit 1660\0001\F0210313.D ;4 { X30 oc, } 4 i for electrical installations; fee schedule for LP & Gas installations. VI. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Conditions. VII. Miscellaneous To the extent that an exception is not listed above and the project is at variance with a local requirement, the Applicant shall be deemed to have requested, and the Board shall be deemed to have granted, such exception. (J:\CLIENTS\lit\30I660\0001\F0210313.DOC;4) 5 TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair. No No Body Shop Bus Garage No No Business& Other Offices No Yes -- z zzt, G (� Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes {J:\CLIENTS\Iit\301660\0001\F0210313.DOC;4} 6 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Rear Set-Back Min. (ft) 30 5 Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A {J:\CLIENTS\lit\301660\0001\F0210313.DOC;4} 7 103 Stiles Road•Suite One•Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL(603)893-0720•FAX(603)893-0733 I April 18, 2002 Mr. Timothy B. McIntosh, P.E. Project Manager Vanasse Hangen Brustlin, Inc. 101 Walnut Street P.O. Box 9151 Watertown, Massachusetts 02471 Re: Review letter for Meetinghouse Commons North Andover, Massachusetts MHF# 108800 Dear Mr. McIntosh: Per our recent telephone conversation regarding the above referenced project and more specifically, your letter dated April 8, 2002 we are submitting as attachments to this letter,revised plans and documents that will address the items outlined in your correspondence dated April 8, 2002. Based on that correspondence, we offer the following: 1. Plan Review; Comment 6 - As discussed, the developer will be working with the North Andover Public Works Department regarding the combination of sewer facilities with respect to the proposed pump station and gravity sewer lines. As I indicated, the Town of North Andover has plans to sewer the area along Dale Street and were proposing a pump station in the vicinity of this project. Our project will also require a pump station and as a result, the developer and the Public Works Department are working together to provide one pumps station that will service both projects. Attached are two letters from the NADPW regarding their review of this project. ` 2. Drainage Review; Comment 1 — Attached is a revised copy of the Drainage Analysis for the site. The Post Development maps are included. Drainage Review; Comment 3 - Attached are capacity charts for the hydraulic design of highways culverts as requested for the culverts located at Station 10+00 Meetinghouse Road and Station 1+25 Cortland Drive. RECEIVED u APR XS 2002 APR 2 4 2002 BUILDING DEPT. 130ARE) OF VBENGINEERS PLANNERS • SURVEYORS MHF Design Consultants, Inc. 3. Standard Engineering Practice; Comment 1 - Attached are two letters from the North Andover Fire Department regarding this project. In addition, a 30 foot radius cannot be obtained on the west side of Meetinghouse Road due to adjacent property line constraints. Standard Engineering Practice; Comment 2— The vertical curve has been revised as requested. Standard Engineering Practice; Comment 4—The vertical curve has been revised to provide for a larger k value. 4. Traffic Review;Comment 2—Attached is a copy of an excerpt from the Draft Comprehensive Permit Conditions that have been forwarded to the North Andover Zoning Board of Appeals for their consideration. This section, entitled Roads and Trazc Mitigation addresses the sight distance issue at the intersection of Meetinghouse Road and Dale Street. Please review the attached information and should you have any questions,please feel free to contact Chris Huntress or myself. We look forward to you response to these items. Thank you for your time and consideration regarding this matter. Sincer r M I ANTS, INC. ar oss, Principal Cc: Mr. Thomas Zahoruiko, Meetinghouse Commons LLC Mr. Robert Nicetta, Building Commissioner Mr. Chris Huntress, Huntress Associates Attorney Brian Levy, Bowditch &Dewey Rpr 10 02 04: 23p Thomas D. Zahoruiko 978-689-2310 p. 3 Mar-29-02 12 : 59 P.02 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 0%-(iOOD 5'1'R(:ET I NORTH ANI)OVLK.MASSACHUSETTS 01845-2909 J. WILLIAM HMURCiAK,i)IRECTOK,P.G. TintnrhyJ. Wrfletr. Koe*N Telghone(.978)6,15-0950 4 �,••:-�'ab Fax(9 78)688-.9573 Stalf Engineer ' M March 27.2002 Mr.Robert P.Ford Acting Chairman Zoning Board of Appeals 27 Charles Street _ North Andover,MA 01845 RE: Meetinghouse Commons at Smolak Fanns Additional C;omnarts on Plan Review Sewer Pump Station Dear Mr. ford: The Division of Public Works would like to add the following comments to our review of March 20,2002 of the Site Development Plans for Meetinghouse C:omnums at Smolak Farms,revised on February 14,2002. Pursuant to item No.4 of the DPW review sent to Mr.William Sullivan,Zoning Board of Appeals on October 9,2001,and our most recent review M you by letter dated March 20,2002. I. The proposed sewer pump station should be designed to accept sewage from the'town's future sewer project on Dale Street,known as the Phase 3D Sewer Project.A gravity sewer line connecting the Sewer Pump Station with the proposed Dale Street sewer is required.A portion of this sewer line is to portion.The capacity,depth,and be constructed by the Applicant and the Town will construct a location of the proposed sewer line and pump station,and the width and location of the Easements required to construct and maintain these systems are to be subject to the approval of the Division of Public Works.All Conservation Commission issues relative to the location and construction of these systems are to be the responsibility of the Applicant. Very truly yours, 167 Timothy J.Willett StaffEngineer CC: Bill Hmurciak Bob Beshara r BOARD OF APPEALS i Apr 10 02 04: 23p Thomas D. Zahoruiko 978-689-2310 p. 4 Mar-29-02 12:59 P.03 TOWN OF NORTH ANDOVER DIVISION OF PUBL.I.C, WORKS 384 OSGOOD STREET NORTH ANDOVER.MASSACHt.1SGT1-S 01845-2909 J. WILLIAM HMURCIAV,i)IRECTOR,P.E. 7im01hy J. Willell Telephones (978) 6R5-0950 id.';••�:' °c fax(9 78)C88-9573 StaffEn incer o n March 20,2002 CAW% Mr.Robert P.ford Acting Chairman Zoning Board of Appeals 27 Charles Strcet North Andover,MA 01845 RE: Meetinghouse Commons at Srnolak Farms Plan Review Dear Mr. Ford: The Division of Public Works has reviewed Site Development Plans for Meetinghouse Commons at Smolak Farms,revised on February 14,2002. We offer the following comments. 1. The final design,access,and easement of the Sewer Pump Station will be suhject to review and approval by the Division of Public Works,as outlined in the Zoning Board Draft Permit Conditions. 2. The proposed sewer force main Should be ductile iron and have four feet minimum cover. 3. Sewer mitigation fees apply to all units. 4, The proposed water main in Meetinghouse Road should be 12-inch diameter,nbt 8-inch diameter as shown on the plans. 5. 17te proposed water main in Dale Strect east of Meetinghouse Road should he 8-inch diameter,not 12- inch diameter as shown on the plan. 6. Water lines are to be.installed with a minimum cover of five(5)feet at the bell.Installations of less than 5'cover must be insulated in a manner appruvcd by the Division of Public Works. 7- Shop drawing submittals must certify to the Division of Public Works,that the desi fin for the Twin Arch Bridge Culverts,shown on Drawing#33 and detailed on Drawing#44,is adequate. S. utilities(gas,electric,telephone,cable,sewer and water lines)should be shown on the Typical Sections,and Section A-A, B-R,and C.C on Drawing 439.and on the Plan View and Section Views on Drawing#44. Very truly yours. �v 'timothyJ. W lett Staff Engineer CC: Bill Hmurciak Bob Beshara u�nrl !. 9 Z(lDz BOARD OF APPEALS Apr 10 02 04: 22p Thomas D. Zahoruiko 978-689-2310 p. 1 North Andover Department Met To: Zoning Board of Appeals Prone Lt.Andrew Melnikas,Fire Prevention Officer CC: Date: March 27,2002 Re: Meetinghouse Commons at Smolak Farm Chief Dolan and I have reviewed the plans for this proposed development . All of our concerns have been addressed by the developer and we do not have any additional issues at this time �Sincerely yours, 1 paos 1 p � C� C� O �IC� MAR 2 7 2002 D BOARD OF, PPEALS Apr 10 02 04: 22p Thomas .D. Zahoruiko 978-689-2310 p. 2 124 Main St. North Andover,MA 01845 Northf • ver Fire Chiefs Otfioe 97&888-9593 Department Department Fax 978688-9594 Chief email address- wdotan@TarvnafNatAndover.com Me To: ' Waiter F.Soule,Acting Chairman Ron William V.Dolan,Fire Chief CC: Lt Andrew Melnikas,Thomas Zahoruiko Do&= 01/03/2002 Ret Meetinghouse Commons at Smolak Farm I have met with the applicant.several times to discuss the proposed project and fire protection issues. Lt. Melnikas had likewise reviewed the plans for the project and provided input.to the developer, Mr. Zahoruiko. Response time issues have been addressed to our satisfaction and the access to dwelling units for fire department vehicles has been provided All of the units will have fire sprinkler systems installed, which provided immediate response and suppression should afire occur. The fire department has no oto ections to the plans as currently revised for the construction of this comprehensive permit. If there are any specific questions you may have for us regarding fire protection issues please let me know. William V. Dolan Fire Chief 1 :e r JF 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and TrafficMiti ag, tion 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. . Roadside vegetation,topographic ground elevations, Iandscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance.The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle)and up to 400 feet along Dale Street to the east and west(representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. .9 {J:\CLIENTSVit\301660\0001\F0199597.DOC;51 ,Y PROJECT: ���" DESIGNER: DATE: HYDROLOGIC AND CHANNEL INFORMATION SKETCH STATION : AHW= _ TWI `..'"`' TW TW 4- 2 S EL• EL. Q 1 = DESIGN DISCHARGE, SAY Q Q = CHECK DISCHARGE SAY Q0R Q 25 ) MEAN STREAM VELOCITY= 2 50 loo MAX. STREAM VELOCITY= co CULVERT HEADWATER COMPUTATION z DESCRIPTION Q SIZE INLET CONT. OUTLET CONTROL HW=H+ ho —I-So o i F o COST COMMENTS (ENTRANCE TYPE) D HW Ke H dc '+D TW hO LSD HW g j - �•3� t� •c�7 �.� �.� o� .�S (-t3 !.� l:� ,3� �-u' x.25 -- — -- a , s AS Y-0 a . -n m c SUMMARY 8 RECOMMENDATIONS: 1 *r CHART 2 180 10,000 168 8,000 EXAMPLE (,1) (2) (3) 156 0=42 inch (3.5 feet) 6,000 ++ 6 es 6. 5,000 am 120 cts P — 5 144 6. 4,000 HW* HW 5. 132 D feet 4. 3,000 (t) 2.5 8.8 5' 4. 120 7.4 108 2,000 (3) 2.2 7.7 4 3. 1 *0 in feet 3" 96 3. 1,000 800 84 600 // - 2. 27 500 72 400 // D 2. r' Cn 300 1.5 1.5 CJ 60 p 20b / -` 1.5 Z W { 0 54 Q 1 O v' i c /W 100' `Z > 48 / 80 _ Q v42 v 60 W 1.0 1.0 LL N 50 HW ENTRANCE 0 40 p SCALE `TYPE w L0 9 W 36 .9 F- 3Q. b(l.) Square edge with 4 9 � ref headwall Q 33 a 20 (2) Groove and with w 8 j30 headwall 2 .8 (3) Groove end 8 27 /Z. projecting a'b 7 24 8 .7 - 6 To use scale(2)or(3)project 2I 5 horizontally to scale(1 4 use strai - e Iloe through and q scgtes,or reverse as .6 .6 3 illustrated. 6 . . 2 15 .5 .5 t.0 .5 i 12 HEADWATER DEPTH FOR CONCRETE PIPE CULVERTS BUREAU OF PUBLIC ROADS JAN.1963 WITH INLET CONTROL" 5'22 J 1 ✓ i . i i CHART CHR � � t 2000 H .4 z W slope s,—• t 1000 ? __ SUBMERGED OUTLET CULVERT FLOWI/// FULL .5 -r HW•H♦ho—LSO .6 H 800120 For outlet crowsu n not bmerged, uU HW by methods described in the design procedure i �k 600 108 .,. .8 { 500 96 09° 10 r9f i 400 84 300 / 72 66 4p j W �y PM t O Fy 2 200 60 / `p - CAy U. / ? I O 54 / ha 0 /qp ,p _� L•11 = 3 IA 5 100 'bap'yap a = 4 _ / w 36 v6 rn 60 33 r' AO0 y00 50 W 30 f 40 Q 27 500 s 0.O 8 o 0 .0 10 3.0 s 24 i 20 21 i'' �ItB` 20 �.. j r 10' 15 8 C 6 12 5 4 HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL BUREAU OF PUBLIC ROADS JAN. 1963 n =0.0 12 5-32 1 I C HART 2 i 180 10,000 ' 168 8,000 EXAMPLE 156 6 000 D=42 inches(3.5 feet) 6. 6. 5,000 0=12ocfs 5 144 —6.4,000 HW* HW5. 11 132 D feet 3,000 5. 4 120 (1) 2.5 8.8 4, (2) 2.1 7.4 J 2,000 (3) 2.2 7.7. 4• 1 108 3• eD in feet 3' 96 1,000 3. 800 �. 84 600 500 72 400 WQV� 300 �y j 1.5 1.5 i Z � f, . i Z 60 p 200 / 1.5 ZW 0 54 / ! d - v F w 48 0 100Z i > cC 80 / d i 0 /2 p 60 w F 1.0 L0 U. _N 50HW ENTRANCE ' 40 p SGALE ..'TYPE w 1.0 W F .9 .9 j 1... 36 30. (1) Square edge w W 3 .9 33 headw dd 20 (2t Gr vo end with W .8 30 headwall = 8 (3) Groove and e projecting 27 10 7 .Z I 24 8 .7 6 To use scale(2)or(3)project 21 5 horizontally to scale(1),then 4 use straight Inclined line through D and 0 scales,or reverse as •6 .6 _ 3 illustrated. •6 18 . 2 .,; 15 5 .5 .5 t.0 I' 12 HEADWATER DEPTH FOR CONCRETE PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROADS JAK 1963 I 1 CHART 9 , 2000 H I HW —� no 4 t 2 W Slope So— 1 1000 ; __ SUBMERGED .OUTLET CULVERT FLAWING FULL _5 NW•N•ho—LSo t Soo120 For outlet crown not submerged,compute HW by .6 methods described in the design procedure E 600 106 .8 ! 1 500 96 Nom% 1.0 400 84 % 1 f i 300 ?2 —66 F- y PM ,' F W 2 1 200 60 /E/ `pp. ti�ry � U. 54 z N —� L w l l /11= QrOp /y v 3 C Z / -- k .5l fD t? 100 Z 2 ! pp y00 W 4 W9T0/ rL 2 y jZ 36 ADO 5 V _ 6 N 60 W 33 i 8100 500 C —50 —30 5pp f g 40 Q /' f °• 0 —27 °o —10 3o s 24 20 2j f r% 18 20 10 —15 1. 8'• I r. 6 12 5 4 HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL n0.0(2 BUREAU OF PUBLIC ROADS JAN..1963 5-32 PROJECT. 11r DESIGNER: ~f DATE: HYDROLOGIC' AND CHANNEL INFORMATION SKETCH STATION EL AHW= 4-4 QI l •3 TWI = - -�- TW 02 - 32, TW = Z.,o EL/¢S o So= .pZ EC. QI= DESIGN DISCHARGE, SAY Q25 l / MEAN STREAM VELOCITY= 02= CHECK DISCHARGE , SAY QOR Q SD IDD / MAX. STREAM VELOCITY= Cb CULVERT HEADWATER COMPUTATION z , DESCRIPTION Wt Q SIzE INLET CONT. OUTLET CONTROL HW--H + ho —I-So _ o COST COMMENTS (ENTRANCE TYPE) 5D* HW Ke H' d� da2D TW ho LSD HW 0 c! 17 use?o ?Z-1 1,311 6.75 0.5 f.4- t,1 -A- SUMMARY A SUMMARY 8 RECOMMENDATIONS: to CHART 2 i j 180 10,000 168 8,000 EXAMPLE i 156 6 000 D-42 inches(3.5 feet) k 6• 6 144 5,000 0'120 cfs 5• 4,000 mw* Hw 6' 5. 132 0 feet 3,000 (1) 2.5 8.8 5' 4. 4. 120 (2) 2.1 7.4 2,000 (3) 2.2 '7.7. 4• 108 3• "o in feet 3• 96 3. 1,000 800 f _� 84 600 / - 2• 2- 500 a 2. s 72 400 / 3 % _ 300 1.5 1.5 U - - i z 60 v 200 / ,f` 1.5 _ z / w G 54 UJI 100 w 48 / ,`' z > cc 80 42 +� to 50 HW SC�4L'E ENTRANCE ir 1.0 ; A o 40 p TYPE Ir w 36iw— 9 9 30,- (1) 5'quare edge with < 9 lL headwall 33 0 a a 12)' Groove and with to .8 30 headwall 2 8 (3) Groove end 8 27/j projecting 10 Z r 24 8 .7 6 To use scale(2)or(3)project 21 5 horizontally to scale(1),then 4 use straight Inclined line through % 0 and 0 states,or reverse as •6 .6 3 illustrated. 6 .:at�rl 2 4f^, 15 5 .5 LO 5 12 HEADWATER DEPTH FOR j CONCRETE PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROADS JAN.1963 .I 5-22 j 4� I CHART 9 2000 N NW ho '4 ! = W Slope So-- t . SUBMERGED OUTLET CULVERT FLAWING FULL 5 4 z z lF {000 W mw•N+ho—LS* 800 120 for outlet crown not submerged.compute NW by .6 methods described in the design procedure ` 600 108 ��. .8 500 -,96 r•ja 1.0 400 84 300 72 / F i -66 p�E�hO < x F- PN /// w 2 t 200 60 /EA, `°O. ��crti LW I N jL -54 Z 3 s / — F 2 O° .y0° 100 Z O 4 ao 5 } = r 36 rn 60 W 3 3 X00 1500 6 • 50 U~j 30 40 Q S°° p p� 8 OO O 10 30 s . 24 t 18 120 10 -15 8 k. HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL BUREAU OF PUBLIC ROADS JAN. 1963 n 0.0IG 5-32 CHART 2 s 180 10,000 168 8,000 EXAMPLE 6. 156 6,000 D=42 inches (3.5 feet) 6 0=120 cfs a 5.144 5,000 '' 6. 4,000 HW* HW 5' 132 0 float 5'et 4. 3,000 (1) 2.5 8.8 4. 120 (2) 2.1 7.4 2,000 (3) 2.2 7.7 4 108 3. 7 *D in feet 3. 95 3. 1,000 800 84 600 // 2' 2. 50023/ + � 72 400 - 3 .� = 300 2 // 1.5 1.5 i z Z 60 v 200 / H 1.5 W ! 54 48 � 100 J 80 i Q 60 A"`t£J W 1.0 1.0 42 u m 50 HW�' ENT-RANCE 10 a 40 U SCALE TYPE w L0 9 ,iW g F— 36 30- (1) Square edge with Q W - /• headwall 3 '9 g 33 a a Q _ 20 (2p Groove end with 1L .8 .8 30 /' headwall = i (3) Groove end 8 projecting 27 10 7 Z 24 8 .7 • 6 To use scale(2)or(3)project 21 5 horizontally to scale(1);then 4 use straight inclined line through D and 0 seaiee,or reverse ae 6 .6 l 3 illustrated. .6 18 c 15 .5 .5 1 �5 t.0 i' 12 HEADWATER DEPTH FOR CONCRETE PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROAOS JAN.1963 i 5-22 ` i l i I CHART 9 2000 H j HW —� no 4 = m Slope So--+ � = SUBMERGED OUTLET CULVERT FLOWING FULL ,5 IOQO ; J HW•H+ho—LSo ! � I SOO 120 For outlet crown not submerged,compute HW by .6 methods described in 1M design procedure 600. 108 .8 i t 500 96 NSA 1.0 i 400 84 300 72 / ` 66 W 2 i 200 6.p E� `p0 / HCl w yi z 1 v t» 54 / L fT 4 0 l SOC CJ'y = 3 2 F F !00 42 ,r W 4 W y aq0/Z _. r�O _ 04 36 X00 5 _N 60 F 3 p0 500 6 t D W 1. 50 _. 40 �'`�jQ 30 t00 f w. 8 !' D w t —27 � 0 —10 ao a 24 ' EE 20 21 E IB 120 $ 10 15 8 � - s 6 12 5 4 HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL n =0.012 BUREAU OF PUBLIC ROAOS JAN. 1963 5-32 i �a� YEAIR, ti-6r CA 4 -t- 9>r-5 i l n 1088-COMMONS - POSTDEVELOPMENT,'-YR REV2 Type /Il 24-hr Rainfall= .90" Prepared by MHF DESIGN CONSULTANTS INC. Page 1 HydroCADO 6.00 sln 001710 ©1986-2001 Applied Microcomputer Systems 4/18/02 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS, Type.III 24-hr Rainfall=5.90" Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment XIS: 1/2 FLOWS TO ROAD CULVERTS AT 10+00 Tc=3.2 min CN=74 Area=1.700 ac Runoff 6.69 cfs 0.409 of Subcatchment X2S: 112 FLOWS TO ROAD CULVERTS AT 10+00 Tc=3.2 min CN=74 Area=1.700 ac Runoff=6.69 cfs 0.409 of Reach X1 R: CULVERT 1 AT 10+00 ---:0P Inflow=6.69 cfs 0.409 of length=35.0' Mau Vel=6.3 fps Capacity=10.50 cfs Outflow=6.64 cfs 0.409 of Reach X2R: CULVERT 2 AT 10+00 — Inflow=6.69 cfs 0.409 of Length--35.0' Max Vel=6.3 fps Capacity= 10.50 cfs Outflow=6.64 cfs 0.409 of Runoff Area=3.400 ac Volume=0.818 of Average Depth=2.89" 1088-COMMONS - POSTDEVELOPMENT. YR REV2 Type I//24-hr Rainfall=5.90" Prepared by MHF DESIGN CONSULTANTS INC. Page 2 HydroCAD®6.00 stn 001710 ©1986-2001 Applied Microcomputer Systems 4118/02 Pond X1 P: WETLAND DISCHARGE THROUGH CULVERT Inflow = 64.27 ds 12.23 hrs, Volume= 6.262 of Outflow = 20.43 cls @ 12.70 hrs, Volume= 5.411 af, Atten=68%, Lag=28.1 min Primary = 20.43 cfs @ 12.70 hrs, Volume= 5.411 of Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt=0.05 hrs Peak Bev= 1.60' Storage=2.796 of Plug-Flow detention time= 120.9 min calculated for 5.393 of(86% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 0.00 14200 0:000 0.000 4.00 2.300 7.000 7.000 Primary OutFlow (Free Discharge) �1=Culvert 1 AT 1+50 2=Culvert 2 AT 1+50 # Routing Invert Outlet Devices 1 Primary 0.00' 24.0" x 32.0' long Culvert 1 AT 1+60 RCP, mitered to conform to fill, Ke=0.700 Outlet Invert=-0.64' S= 0.02007 n= 0.013 Cc= 0.900 2 Primary 0.00' 24.0" x 32.0' long Culvert 2 AT 1+50 RCP, mitered to conform to fill, Ke=0.700 Outlet Invert=-0.64' S=0.0200'f n=0.013 Cc=.0.900 1088-COMMONS -POSTDEVELOPMENT 10-VR REV2 Type 11124-hr Rainfall=4.30" Prepared by MHF DESIGN CONSULTANTS INC. Page 51 HydroCAD®6.00 s/n 001710 ©1986-2001 Applied Microcomputer Systems 411/02 # Routinq Invert Outlet Devices 1 Primary 139.98' 36.0" x62.0' long Culvert CMP,prgjecting, no headwall, Ke=0.900 Outlet Invert= 139.19 S=0.0169 T n=0.024 Cc= 0.900 Pond XIP: WETLAND DISCHARGE THROUGH CULVERT (7-u(n 2, � Inflow = 3"9.43cts 12.24 hrs, Volume= 3.739 of Outflow = 12.83 hrs, Volume= 3.023 af, Atten=76%, Lag=35.4 min Primary = 9.43 cfs @ 12.83 hrs, Volume= 3.023 of Routing by Stor-Ind method, Time Span= 5,00-20.00 hrs, dt=0.05 hrs Peak.Bev= 1.00' Storage= 1.749 of Plug-Flow detention time= 143.2 min calculated for 3.013 of(81% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 0.00 1.200 0.000 0.000 4.00 2.300 7.000 7.000 Primary OutFlow (Free Discharge) 1:I=Culvert 1 AT 1+50 2=Culvert 2 AT 1+50 # Routing Invert Outlet Devices 1 Primary 0.00' 24.0" x 320' long Culvert 1 AT 1+50 RCP, mitered to conform to fill, Ke=0.700 Outlet Invert=-0.64' S=0.02007 n= 0.013 Cc=0.900 2 Primary 0.00' 24.0" x 32.0'long Culvert 2 AT 1+50 RCP, mitered to conform to fill, Ke=0.700 Outlet Invert=-0.64' S=0.02007 n= 0.013 Cc=0.900 CHART 16 3 -7� 2 3.6 3: do CANNOT EXCEED TOP OF PIPE I- 'I.5'2' �c L0' If 00 10 20 30 40 A 50 60 70 80 90 _ 100 DISCHARGE-Q-CFS 6 8 5 7 f- W H W W 4 8 6 LL v 9' � 7 , U 4 do CANNOT EXCEED TOP OF PIPE � _ w 5 w 6' D J J ; 2 0 100 200. 300 400 500 600 700 800 900 1000 H DISCHARGE-Q-CFS v v 14 12 10 8 6 d� CANNOT'EXCEE D TOP OF PIPE 3' ' r 9'DI 40 1000 2000 3000 4000 DISCHARGE-0-CFS BUREAU OF PUBLIC ROADS JAN. 1964 CRITICAL DEPTH r 5-39 CIRCULAR PIPE . j,��;1 II YOM o Ide, of UY14 61��7 /40 W14 Coo r d U MGLENNON MGL NNON Microsoft Word - ZBAagendaJe02.doc 02-06-11 14:23 ...................... .................... ................... .................. ............................ ............................ ............................. ............................ ............................ ............................ ............................ ............................. ............................... ................................ ................................. ................................... ....... ............................ ........ ............................ J Town of North Andover of NORTH yy 2 4`tt ".bye U i Office of the Zoning Board of Appeals ti s p Community Development and Services Division z 27 Charles Street * -- •' '' North Andover,Massachusetts 01645 �9SsacHus try D. Robert Nicetta Telephone(978)688-9541 Building Connnissioner Fax (978)688-9542 N C7 C=Z� L CD Notice of Decision ___q Year 2002 c _o M�.:m ur; Any appeal eal shall be filed within i W`= w ��A`.� (20) days after the date of filing of - r— D c this notice in the office of the town D o�(,,)7)o clerk. Property at: South Bradford Street o M Cn NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 Cn 185%-Iickory Hill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street North Andover, MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens' input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts. This application was originally for 93 housing units (later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 JUN 3 2002 r BOARD PP�LS S 688-9541 BUILDPVG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.AI\TNING 688-9535 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 ; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/4, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14/02 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/'`20/01 (Sheets 37--'1'8)- Voting 7-3fs)-Voting in favor were Robert Ford, John Pallone, Ellen McIntyre,and George Earley. I The 20 page complete Decision with the 10 findings of fact, 61 conditions, 30 waivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North Andover, Massachusetts and can be viewed during normal office hours. Town of North Andover Board of Appeals m Robert P. Ford, �.. Acting Chairman Decision2001-033 Town of North Andover Zoning Board of Appeals - . - - X »,.n �^�SS 27 C*les Street �0 �r y �� `� p M North Andover, MA 01845 —�,-- H METE-F, 4ca Larry F. &Joan S. Fixler P. O. Box 668 o0 North Andover, MA 01845 � Q F"1'XLb��lt� 01645300�3 Ufa 06A7/r * p FORWARD T_M!- E:XP RTN TO SEND @=s) Z 0 FIXLvR 25 H6LL!]E- I RF_E LN tVJ4-saTH AND�IVER MH RETURN TO SENDER :°eii i'^::tiy.:i'�+K } �1�!!!i!1111!11!fit 111111 l i!'.f!{I!!illiltl 11111311 l till Town of North Andover o� NORTH Office of the Zoning Board of Appeals o <t�" 1 �6 Q Community Development and Services Division * 27 Charles Street °+ • w-• " North Andover,Massachusetts 01845 A�AAT�Dr.0 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: L o IA wl o /,Pdt -Ej k,,r+p v1 FAX NUMBER: ! 061— PM FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: CLI .= - D-:;t- SUBJECT: C S II// f t 6kJ olp -M )'0- t Dh NUMBER OF PAGES: 1 J es II e5� U REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Jun-12-02 08:43 Last Fax Identification Result des Tvne Date Time Duration Diagnostic 817812797993 OK 11 Sent Jun-12 08:37 00:04:55 002582030022 l.zo Z8 Town of North Andover NORTh Office of the Zoning Board of Appeals Community Development and Services Division ~ 9 27 Charles Street ' , North Andover,Massachusetts 01845 9SSaCHU D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: n laer� r� r-oY� ES� FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: a. P_ ,� lc?�t Octg�p D rj �Mee�r�>1� �ln�se P��s ,v►� NUMBER OF PAGES: a REMARKS: fI �/�° uk 45 vtear 1vL-✓h -FDYp5/ c,e/J , 61e, # is 4o C � BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 MEETINGHOUSE COMMONS LLC 185 Hickory Hill Road North Andover, MA 01845 978-687-2635 fax 978-689-2310 June 4, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 RE: Plan of Land for Meetinghouse Commons at_Smolak Farm Dear Zoning Board of Appeals: Per our discussions and pursuant to Condition 3 of the Meetinghouse Commons Comprehensive Permit Conditions as filed on June 3, 2002, attached is the Plan of Land therein referenced for the Board to endorse at the next meeting. Please contact me with any questions, and also to inform me when the plan is available to pick up. Thank you for your timely response and attention to this matter. Sincerely, 'L�j omas D. Zahoruiko, Manager eetinghouse Commons LLC JUN 4 2002 BOARD OF APPEALS HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Jun-04-02 12:34 Last 30 fax Identification Result Pages Tyne Date Time Duration Diagnostic 207 729 8414 OK 04 Received Jun-03 09:03 00:02:54 021104230000 Error 00 Received Jun-03 09:07 00:00:36 001000000000403 9786864397 OK 01 Received Jun-03 09:12 00:00:42 021502030000 Error 00 Received Jun-03 09:17 00:00:36 001000000000403 5085887766 OK 06 Received Jun-03 09:19 00:01:39 021502030000 978 688 9573 OK 04 Received Jun-03 11:45 00:01:31 021502030000 818884868823 OK 01 Sent Jun-03 12:23 00:00:16 002582030022 819783653718 OK 02 Sent Jun-03 13:09 00:00:41 002582030022 978 250 0565 OK 01 Received Jun-03 13:34 00:00:47 021501030000 800 738 3272 OK 01 Received Jun-03 13:43 00:00:29 021502030000 9783653718 OK 04 Received Jun-03 13:59 00:01:58 02150603000 89788518547 OK 01 Sent Jun-03 15:15 00:00:54 002582030022 6038930733 OK 03 Received Jun-03 15:23 00:01:37 021502030000 617 626 1018 OK 03 Received Jun-03 15:31 00:01:15 021502030000 OK 02 Received Jun-03 16:11 00:00:47 021402030000 89786641713 OK 02 Sent Jun-04 06:52 00:01:43 002780010022 OK 01 Received Jun-04 . 07:02 00:01:00 021000430000 89786641713 OK 02 Sent Jun-04 07:04 00:01:44 002780010022 OK 02 Received Jun-04 08:03 00:01:04 021406030000 8606339495 OK 01 Received Jun-04 09:36 00:00:36 021502030000 89786851099 OK 01 Sent Jun-04 09:50 00:00:22 002580030022 815089293027 itW ruri �j OK 11 Sent Jun-04 10:00 00:04:54 002582030022 815089293027.5' . OK 11 Sent Jun-04 10:06 00:04:00 002582030022 89786892310 J OK 11 Sent Jun-04 10:16 00:05:01 002582030022 89786892310 "�' Z' OK 11 Sent Jun-04 10:24 00:03:54 002582030022 816038934627 OK 01 Sent Jun-04 11:43 00:00:27 002582030022 89786856117 OK 04 Sent Jun-04 11:58 00:01:51 002580030022 819786889573 OK 01 Sent Jun-04 12:13 00:00:16 002582030022 815089293023 Lorfe'l rte' OK 11 Sent Jun-04 12:16 00:04:56 002582030022 815089293023 C, �e✓e OK 11 Sent Jun-04 12:22 00:03:57 002582030022 1.2.0 2.8 I Town of North AndoverNORTH Office of the Zoning Board of Appeals a o Community Development and Services Division 27 Charles Street c9 • '�� North Andover,Massachusetts 01845 RSsgcHus�� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION FAX NUMBER: 7� 6 c1 12 10 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: P r , t 10 V1 G( 160 1, t � � o/ NUMBER OF PAGES: C 11 + 19 REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ORTH Town of North Andover °� � .� tJl*. " Office of the Zoning Board of Appeals o? Community Development and Services Division y ,� 27 Charles Street °�wrt°rtPy(9 North Andover,Massachusetts 01845 �SSgcHu$�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: ri�ayl C, ��✓e 5or FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: i SUBJECT: q h Q1��1 er CQ I!, M cf I' /' NUMBER OF PAGES: C t i J) ��� Ggvl p n IV REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �' �r.�a `.`'• '.a" 'ei�r T x4 asrn,J.x � �; �^� "�rrx� _y. T$#, ':kr .�.,. � -�.. 8" r �: ,-.�.� A".</ �9�r,��',.°-f< �ii%���` •:� -�.� Pr..•� _ '4 ' • at.` _'.' et'� ^"� ` "yf' �°_'u •w•.,F.-, E:'. -..Pr.'i "Y:•t. eF ..._ j.._: '-. }} ,fit .�`.$ .. .� ....,. .,. ._.. _. .r._.:. � ;?,., .- 3S .:-..,. �"s', ��5; f�, �.. - {�:-s •s,,.,,'y;, er-i.�e- �: � :`L�',1` 'r�,#�s .,,..: _ •. ...� . : ..�.,JZ N-f. .. .- ..-. 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LL csc OL tie'oF. s 6Scooo-, .9, ,.5 oNoimnle sa s ` or M al ►!COs �, [n AM s r: / a" � - [n 19 � �rG .r•r 9Z �� aor rt -ae15Z xgtt cr r= : a -e a [, r L4 .s Nrr t 0.DY�9 a LZ �9ct ,ee�'t LIP SVl wars Lot :001: £0 rro.i = 9 ti, ar a.i ' esr 'cn it rt' SLL LVl ZOL O r r. ,} ?btQl i S6 . r LSL x a 9EJG' 3t g - � _ .. oed•t e � L6r 40 DOM � t fi�, g 6v cos•,+ r °S ,: g '� -� ro, 6Zlet Z6L • LS cs [ {5 ,y# f` qo��# L °oor► dii c�� 4 N tw�t3t .�y5t / ° £S xZt t c p 60L 69 s 8S 09 n � � ,.s�•� ti OL ,, .� c _ � ZS 7gy�l 69 tt - K n - s� £ u fr'+�3j' y�,i e` �. 39 " xV 0110¢ o arc Z9 v a u tS L£ got r_. _ Ott h" - • ax��i�i 'tx„ s.4 c .4 C +retL. - LDt c 99L r r yeS� ��`: — Z 90l SOL 7 04 �. 7"'�r r a __ - �pQO't x°90 a, `•j/ oc s y o` DLL n t 5� 9B BY•L BVL '6 M r �� Notice of Decision Year 2002 Any appeal shall be filed wi in (20) days after the date of filing `f this notice in the office of the tow clerk. Property at: South Bradford Street NAME: Meetinghouse Com ons,LLC d/b/a DATE: May 24,2002 185 Hickory Hill Road ADDRESS: for premises at South radford PETITION: 2001-033 Street North Andover,MA-1845 HEARING(S): 10/16& 11/13/01; 3/12,4/9, & 4/24/02 The North Andover Board of Appeals held e public hearing in four regular sessions and one special session for Town Boards and Citizens' input. he public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meeting use Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts. This application waa originally for 93 housing units (later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-21\The housing is to have 25% of the units set aside as %affordable", located on South Bradford Stree southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert . Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by en P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections -22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development PI ns for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massach etts 01845 Prepared for: Meetinghouse Commons, LC 185 Hickory Hill Road North Andover, MA 01845 i 3� �� r...: _-� ;� ► ; s� � � �� �� � h � ����� a�� OY\vvq5 �4 �'1 !/ � fir" wem 9 v ey ` 1 Mev �'el � pq yo) C4 74, )e Y tt Z O Z Z w J 0 1; uj g 1f � :i ...... M Al as cc ........ ........................................ ...... n CL� .......... ,_ ................................... . Art, ) jlv�A 0 D 4 PY � 6 Yr,VA. 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I 0 t Td� 5 t4, rA Rod w � 7 ' 3 A A- C, eAe 61 OPV r , E K 3 A HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-20-02 15:11 Identification Result Paees Tv�e Date Time Duration Diagnostic 819786589185 OK 02 Sent May-20 15:09 00:02:07 002782000022 1.2.0 2.8 f 4 � H. r'1T �.r , ♦ .t.11f.1 ..� { �rrr; iij 1�.. .,' �' Il,fl Jar p/' ..I.r _j,..�. .G'Y} Tiff r.if qc _ 1 {`,..r •'kl�'�.l i 'r['�'fi � t .`�el.+'�:ZtJ�{ 1I'Yl' Jt� ,� .�'(;;1iJli�`. ? � da s s�`' }t t. i s ft 1f+'`�JJ i.. ...,•a,; r. r.,Jil'.1, .iimi 1 r ')il.` . •' 1 [ '`rtf i Jz', FIJ,/' r .�� f, e:af;t' [ t:tp I l ../•�r{y: r r' i�i,:. LJ�1,� yr��.1�„ 1.,,.rr tr rr. �1,/4 'milt f l r! .e. L e t) ft„ rrl i.=!" . r . :r;f Y ,. ,.,f . on" w? VOW A`.fa k .ln i mmyl .u1, mod if L if .[+ a '�f 't ,'1 `:,'{ c..•1.i � llfft 'E .. 1! lF �'jr r r r "_°J''T` r v _ JTf?Gi r J tr i'.E `� ..t ( �V♦`i i�r r. .�`!I '�:(i1 'I!' .1., ;s"� ..,+1.;`.+ 't;l fir, .•; , ''n ... ... C;J � . r. _ t!'r (3ri," .,•➢.r r �1 x1l�f� `.1.00'!1 1101) no' .rt .f t rn(M 1P '7 (E I t iil, r..r zlt r ril f [r ;E, SJfr f, oil i,+ r .911 0, :a 1 t`._ oil ,num A:Jr'r to lu OunH _. 110+ 0{'' 1 �lti._i ♦ ..j ,n d l it KA 007: T'!A 11 •J'.:,q AOL 0 r r 1 •,ri s r.f•'> '_?Lf�?s +.{. ,. to ♦cJJ .'1ltal,l'.+` .:� 1:1 .i �ty, "J',`.i �? °' r � .{� •1 :'fti-+ ,' �, ri,'; I{ , , ' D + ' 1'11[_1 CY ,f ' T'i .,..+. vL . .r { is, .d_r.. '14 l �. f'rq1 lei its 1"J: ins, 1 t.UJ 1 . !l)7 1� , h.r „ ,,�a+t,L i' 'i )4 ` r r' J 'C'• f.[i.s`JI i,'� ,;. _r7 s.� r � h �rrj .,, ' . c DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS,LLC 185 HICKORY HILL ROAD NORTH ANDOVER,MA 01845 PETITION NO. THE PROJECT The applicant,Meetinghouse Commons,LLC(the"Applicant"or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23,to construct 88 units of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units,the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least one person who is age 55 or older. PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on August 30,2001. The Town of North Andover Zoning Board of Appeals, after publication in the Lawrence Eagle Tribune on September 25, 2001 and October 2,2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16, 2001 at the North Andover Senior Center at 120R Main Street,North Andover,MA 01845 (the"Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only), January 15, 2002 (continuance only),February 12, 2002 (continuance only),March 12, 2002,April 9,2002 and April 24,2002 at the Senior Center. North Andover Zoning Board of Appeals members present at all sessions of the public hearing on this application were Robert Ford,John Pallone, George Earley and Ellen McIntyre. During various sessions of the public hearing,Meetinghouse Commons,LLC was represented by the following: Thomas Zahoruiko,Manager of Meetinghouse Commons, LLC, 185 Hickory Hill Road,North Andover,MA,Brian C. Levey,Esq.,Bowditch& Dewey,LLP, 161 Worcester Road,Framingham,MA 0 170 1,Dermott J. Kelly,Dermott J. Kelly Associates, Inc., Two Dundee Park, Suite 301,Andover, MA 0 180 1, Christian C. Huntress,Huntress Associates, 17 Tewksbury Street,Andover,MA 0 180 1,Mark Gross, MHF Design Consultants,Inc., 103 Stiles Road, Suite One, Salem,NH 03079 and Michael Howard,Epsilon Associates,Inc., 150 Main Street,P.O. Box 700,Maynard,MA 01754. r r•\rr TT;NTTc\i:+\sn 1440NMn1\Vm i nun 4 rVN-.11 r The public hearing was closed on April 24, 2002. GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include,but are not limited to,the following materials that are on file at the Office of the North Andover Zoning Board of Appeals: 1. Traffic Impact& Access Study, Proposed Residential Development Project, Dale Street,North Andover, MA,prepared by DJ Kelly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March, 2002); 2. Fiscal Impact Analysis prepared by Meetinghouse Commons, LLC for the North Andover Zoning Board of Appeals dated December 4, 2001; 3. Stormwater Management and Drainage Analysis prepared by MHF Consultants, Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 5. No-Cut Buffer Restriction; 6. Conservation Commission Order of Conditions dated March 27, 2001; and 7. Certified list of Abutters. The Applicant submitted plans prepared by Huntress Associates, Inc.,MHF Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning Board of Appeals with the Comprehensive Permit application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department,the North Andover Fire Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the plans is April 17, 2002. As a result of numerous revisions, all issues raised by Town boards and agencies have been addressed by the Applicant. Prior to the close of the public hearing, the North Andover Zoning Board of Appeals received and considered written communications from Meetinghouse Commons, {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 2 consultants to Meetinghouse Commons, Town boards and agencies,the Zoning Board of Appeals' outside consultant and various residents of North Andover. In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. ("VHB") to provide a technical review of the Applicant's application, plans and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The Applicant has satisfactorily addressed the issues raised by the consultant and,where appropriate,has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on Dale Street. The land is currently undeveloped. The 88 residential units (including 22 affordable units) will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal,rubbish removal, recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Farm Realty Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex North Registry of Deeds in Book 6333, Page 359, see also deed recorded in Book 1467, Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The site is also identified on the Town of North Andover Assessor's Map 104D as Lot 28 and a portion of Lot 31. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with an office in Salem, Massachusetts. Salem Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 3 decision by the Massachusetts Housing Appeals Committee in Stuborn Limited Partnership v. Barnstable Board of Appeals,No. 98-01 (March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents,Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install, maintain,repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. The Applicant has selected Citizens Housing and Planning Association(CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA,then it will secure an agreement with another non-profit or public entity for such purpose. SPECIFIC FINDINGS OF FACT I 1. The Applicant. The applicant,Meetinghouse Commons,LLC, is a "limited dividend organization"as that term is used in Massachusetts General Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since(a)it is a limited dividend organization, (b)the project is fundable by the Federal Home Loan Bank of Boston's(FHLBB)New England Fund through a participating lender, and(c)has site control as that term is used in 760 CMR 31.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner,H. Michal Smolak, Jr. as Trustee of the Smolak Farm Realty Trust. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met anof the statutory minima set forth in Massachusetts Y rY General Laws chapter 40B, § 20 or 760 C.M.R. 31.04. 3. The Project. The project, as shown on the final plans, consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as "Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent(25%)of the units or 22 units will be"low or moderate income housing"as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing f J:\CLIENTS\lit\301660\0001\F0210848.DOC;1} 4 and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. Support by Town Board and Agencies. During the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department, Fire Department, Conservation Commission, Planning Board, and Board of Health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local Needs. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. DECISION Based on the above findings, on April 24, 2002, the North Andover Zoning Board of Appeals voted unanimously(4-0) to grant Meetinghouse Commons a Comprehensive Permit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMIT CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the"Board") and referenced below (the"Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1-45 Prepared for: Meeting House Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street {J:\CLIENTSMit\301660\000IT0210949.DOC;I} 5 Andover, MA 01810; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard,MA 01754 Original Date: July 20, 2001 Final revision date: April 17, 2002 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of Land(Sheet 3A) showing the lot for the Project. The Building Inspector shall make the determination whether any proposed change is substantial. 4. The project shall consist of eighty-eight(88)units, a community center building in accordance with the Plans (the"Project"). Twenty-five percent (25%)of the eighty-eight(88) units or twenty-two (22) units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight (48) residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction,Meeting House Commons, LLC (MHC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities in the portion of South Bradford Street south of the Project. MHC shall submit to the Building Commissioner a certified copy of the recorded document. {J:\CLIENTS\1it\301660\0001 W0210949.DOC;1} 6 Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law,but in no event less than ninety-nine (99)years. Moreover, in the event that the Affordability Requirement is not perpetual,MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston(FHLBB)by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25%of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. {J:\CLIENTSMit\301660\000IT0210949.DOC;1) 7 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units (the "Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law,residents of the Town of North Andover shall be given preference in the lottery process; provided, however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy,MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association (CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the"Condominium Documents")which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the "Qualified Occupant"); provided,however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the"Housing Laws"). {JACLIENTSUit\301660\000IT0210949.DOC;I} 8 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s)that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall incorporate the items (a) through(f) above and further provide that in no event shall an affordable unit be rented at market rate 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including, but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance,public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit {J:\CLIENTSMA\301660\0001\F0210949.DOC;I} 9 owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including,. but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from {J:\CLIENTS\iN01660\0001\F0210949.DOC;I} 10 the edge of Dale Street along the site access/egress driveway(representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three (3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction, MHC will post a bond or security in the amount to be determined by the DPW, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. {J:\CLIENTS\lit\301660\0001 T0210949.DOC;I) 11 Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further,MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision)which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction, MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability,umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit, MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty (60) days of said submission. 50. Prior to obtaining a building permit,MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws,rules, regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, {JACLIENTS\litM1660\0001\F0210949.DOC;I} 12 State BuildingCode, State Sanitary Code,Architectural Access Board Regulations, and �' g , Plumbing, Electrical and Fixe Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00, the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy. 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act(MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction,MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof, not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. {J:\CLIENTS\lit\301660\0001\F0210949.DOC;I} 13 EXHIBIT 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts,Meetinghouse Commons, LLC seeks and the Board hereby grants the exemptions from or waiver of all local by-laws, rules,regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning By-Law Local Regulation Requirement Prosed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house Summary of Use (containing an exercise {I:\CLIENTS\lit\301660\000IT0210949.DOC;1} 14 Regulations, table attached area, conference meeting ("Use Table"). rooms,kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain),regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. {JACLIENTS\lit\301660\000I T0210949.DOC;I) 15 Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. {J:\CLIENTSMit\301660\000IT0210949.DOC;I} 16 III. North Andover Subdivision Rules and Regulations Local Regulation Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. {J:\CLIENTS EA301660\0001 T0210949.DOC;I) 17 TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes (Conditon S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes (Condition S) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes(Condition S) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 18 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Where prope ty abuts Town forest. Rear Set-Back Min. (ft) 30 5 Where prope ty abuts Town forest. Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A {J:\CLIENTS\lit\301660\000IT0210949.DOC;1} 19 .��.e �_ DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS,LLC 185 HICKORY HILL ROAD NORTH ANDOVER,MA 01845 PETITION NO. THE PROJECT The applicant,Meetinghouse Commons,LLC(the"Applicant"or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23,to construct 88 units of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units,the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least one person who is age 55 or older. PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on August 30, 2001. The Town of North Andover Zoning Board of Appeals, after publication in the Lawrence Eagle Tribune on September 25, 2001 and October 2, 2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16,2001 at the North Andover Senior Center at 120R Main Street,North Andover,MA 01845 (the "Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only), January 15,2002 (continuance only),February 12, 2002 (continuance only),March 12, 2002,April 9,2002 and April 24,2002 at the Senior Center. North Andover Zoning Board of Appeals members present at all sessions of the publi bearing on this application were Robert Ford,John Pallone, George Earley and Ellen McIntyre. During various sessions of the public hearing,Meetinghouse Commons,LLC was represented by the following: Thomas Zahoruiko,Manager of Meetinghouse Commons, LLC, 185 Hickory Hill Road,North Andover,MA,Brian C. Levey,Esq.,Bowditch& Dewey,LLP, 161 Worcester Road,Framingham,MA 0 170 1,Dennott J. Kelly,Dermott J. Kelly Associates,Inc., Two Dundee Park, Suite 301,Andover,MA 01801, Christian C. Huntress,Huntress Associates, 17 Tewksbury Street,Andover,MA 01801,Mark Gross, MHF Design Consultants,Inc., 103 Stiles Road, Suite One, Salem,NH 03079 and Michael Howard,Epsilon Associates, Inc., 150 Main Street,P.O. Box 700,Maynard,MA 01754. r r•%rr r�rrrci:.zn i��nnnn i Fm i nue u rvr• i consultants to Meetinghouse Commons, Town boards and agencies, the Zoning Board of Appeals' outside consultant and various residents of North Andover. In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. ("VHB") to provide a technical review of the Applicant's application,plans and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The Applicant has satisfactorily addressed the issues raised by the consultant and, where appropriate, has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on Dale Street. The land is currently undeveloped. The 88 residential units (including 22 affordable units) will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal, rubbish removal,recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Farm Realty Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex North Registry of Deeds in Book 6333,Page 359, see also deed recorded in Book 1467,Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The site is also identified on the Town of North Andover Assessor's Map 104D as Lot 28 and a portion of Lot 31. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with an office in Salem, Massachusetts. Salem Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the {J:\CLIENTSMit\301660\0001 T0210949.DOC;I) 3 decision by the Massachusetts Housing Appeals Committee in Stuborn Limited Partnership v. Barnstable Board of Appeals,No. 98-01 (March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents,Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install, maintain,repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. The Applicant has selected Citizens Housing and Planning Association(CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA,then it will secure an agreement with another non-profit or public entity for such purpose. SPECIFIC FINDINGS OF FACT 1. The Applicant. The applicant,Meetinghouse Commons,LLC, is a "limited dividend organization"as that term is used in Massachusetts General Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since(a)it is a limited dividend organization,(b)the project is fundable by the Federal Home Loan Bank of Boston's(FHLBB)New England Fund through a participating lender, and(c)has site control as that term is used in 760 CMR 3 1.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner,H. Michal Smolak, Jr. as Trustee of the Smolak Farm Realty Trust. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met any of the statutory minima set forth in Massachusetts General Laws chapter 40B, § 20 or 760 C.M.R. 31.04. 3. The Project. The project, as shown on the final plans, consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as "Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent(25%)of the units or 22 units will be"low or moderate income housing"as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing {J:\CLIENTS\lit\301660\0001\F0210848.DOC;1) 4 and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. Support by Town Board and Agencies. During the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department,Fire Department, Conservation Commission, Planning Board, and Board of Health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local Needs. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. DECISION Based on the above findings, on April 24, 2002,the North Andover Zoning Board of Appeals voted unanimously(4-0) to grant Meetinghouse Commons a Comprehensive Permit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMIT CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the "Board") and referenced below (the"Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover,MA Sheets 1-45 Prepared for: Meeting House Commons, LLC 185 Hickory Hill Road North Andover,MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street {J:\CLIENTS\lit\301660\0001\F0210949.DOC;I} 5 Andover, MA 01810; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Original Date: July 20, 2001 Final revision date: April 17, 2002 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of Land (Sheet 3A) showing the lot for the Project. The Building Inspector shall make the determination whether any proposed change is substantial. tial. 4. The project shall consist of eighty-eight(88)units, a community center building in accordance with the Plans (the "Project'). Twenty-five percent (25%) of the eighty-eight(88)units or twenty-two (22)units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight (48)residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office.until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction,Meeting House Commons, LLC (MEC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install,maintain,repair or replace utilities in the portion of South Bradford Street south of the Project. MHC shall submit to the Building Commissioner a certified copy of the recorded document. {J:\CLIENTSV iA301660\0001 T0210949.DOC;I} 6 Affordable Housing . 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than ninety-nine(99) years. Moreover, in the event that the Affordability Requirement is not perpetual,MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston (FHLBB)by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. {JACLIENTSMit\301660\000170210949.DOC;1} 7 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units (the "Buyer Selection Rules'). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided, however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association (CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the "Condominium Documents")which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant");provided,however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the"Housing Laws'). {J:\CLIENTS\liA301660\0001 T0210949.DOC;I) 8 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s) that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall incorporate the items (a) through(f) above and further provide that in no event shall an affordable unit be rented at market rate 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including,but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance,public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit (JACLIENTS\lit`301660\000IT0210949.DOC;]} 9 owners controls the condominium at which.time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including,. but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the. Plans subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60)days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from {J:\CLIENTS\lit\301660\0001\F0210949.DOC;I} 10 the edge of Dale Street along the site access/egress driveway(representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three(3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three(3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction, MHC will post a bond or security in the amount to be determined by the DPW, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. {):\CLIENTS\lit\301660\000IT0210949.DOC;I) • 11 Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further,MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction,MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer,registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction,MHC shall submit a certificate of insurance,which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit,MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and,in such case, such approvals shall be granted within sixty(60) days of said submission. 50. Prior to obtaining a building permit,MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules,regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, {JACLIENTSUitM1660\0001\F0210949.DOC;I} 12 I State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fixe Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00, the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy. 55. If applicable,MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or r a Sewer Extension/Connection Permit from DEP. 56. During construction,MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commenceinstallation of utilities and/or roadway within three years of the date hereof, not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. {JACLIENTS%A301660\0001 T0210949.DOC;I) 13 EXHIBIT 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts, Meetinghouse Commons, LLC seeks and the Board hereby grants the exemptions from or waiver of all local by-laws, rules,regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning By-Law Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as * regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house Summary of Use (containing an exercise {JACLI ENTS\Iit\301660\0001 T0210949.DOC;I) 14 Regulations, table attached area, conference meeting ("Use Table"). rooms,kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain),regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. (J:\CLIENTS\lit\301660\0001\F0210949.DOC;1) 15 Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x 18' or quantity and sizes of larger)in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 16 III. North Andover Subdivision Rules and Regulations Local Regulation Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. {J:\CLIENTSMit\301660\000IT0210949.DOC;1} 17 TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery. No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes(Conditon 5) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes (Condition 5) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes(Condition 5) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes {J:\CLIENTS\lit\301660\0001T0210949.DOC;1) 18 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Where prope ty abuts Town forest. Rear Set-Back Min. (ft) 30 5 Where prope ty abuts Town forest. Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A i i {J ACLIENTSU it\301660\000I T0210949.DOC;1 I 19 Transportation Land Development Environmental • Services • imagination I innovation I energy Creating results for our clients and benefits for our communities May 9,2002 Kana w Han Ref.Ref: 06716.49 Mr.Robert Nicetta Building Commissioner/Zoning.Officer Community.Development&Services Town of North Andover 27 Charles Street North Andover,MA 01845 Re: Comprehensive Permit Application Review for Meeting House Commons North Andover,MA Dear Bob, Vanasse Hangen Brustlin,Inc.(VHB)has received the revised plans,copies of Town correspondence and calculations prepared by MHF Design Consultants,Inc.(dated April 18,2002). This information has been submitted to VHB in response to our follow-up review Ietters dated April 2 and April 8,2002. It appears that all of VHB's comments have been adequately addressed and VHB's concerns in this matter have been satisfied.No further engineering review is anticipated at this time. If youhaveany questions or concerns,please call me at your convenience. Very truly urs, VANASSE HANGEN BRUSTLIN,INC. Timothy B.McIntosh,P.E. Project Manager—Highway&Municipal Engineering RECEIVED MAY 1 U 2002 BUILDING DEPT. DMAY 1 0 2002 101 Walnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 BOARD OF APP vSTR\te\0671649\docs\letters\let-approval-050S02.doc 617.924.1770 a FAX 61Z924.2286 email: info@vhb.com ` www.vhb.com 1J i J � I Glennon, Michel From: Corsi, Amy E. [acorsi@bowditch.com] Sent: Tuesday, May 21, 2002 12:26 PM To: 'mglennon@townofnorthandover.com' Subject: Meetinghouse Commons F0210949.DOC Final Decision attached. <<F0210949.DOC>> This e-mail message is generated from the law firm of Bowditch & Dewey, LLP and contains information that is confidential and may be privileged as an attorney/client communication or as attorney work product. The information is intended to be disclosed solely to the addressee(s) . If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this email information is prohibited. If you have received this email in error, please notify the sender by return email and delete it from your computer system. For more information about Bowditch & Dewey, please visit our web site at www.bowditch.com 1 DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS,LLC 185 HICKORY HILL ROAD NORTH ANDOVER,MA 01845 PETITION NO. THE PROJECT The applicant,Meetinghouse Commons, LLC (the"Applicant"or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23,to construct 88 units of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units, the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least-one person who is age 55 or older. PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on August 30, 2001. The Town of North Andover Zoning Board of Appeals, after publication in Lawrence Eagle Tribune on September 25, 2001 and October 2, 2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16, 2001 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845 (the "Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. \ Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only), January 15, 2002 (continuance only),February 12, 2002 (continuance only), March 12, 2002, April 9, 2002 and April 24, 2002 at the Senior Center. a(, orth Andover Zoning Board of Appeals members present at all sessions of the publie"on this application were Robert Ford, John Pallone, George Earley and Ellen McIntyre. During various sessions of the public hearing, Meetinghouse Commons, LLC was represented by the following: Thomas Zahoruiko, Manager of Meetinghouse Commons; LLC, 185 Hickory Hill Road,North Andover,MA,Brian C. Levey, Esq.,Bowditch& Dewey, LLP, 161 Worcester Road, Framingham,MA 01701,Dermott J. Kelly, Dermott J. Kelly Associates, Inc., Two Dundee Park, Suite 301,Andover, MA 01801, Christian C. Huntress, Huntress Associates, 17 Tewksbury Street,Andover, MA 0 180 1,Mark Gross, MHF Design Consultants,Inc., 103 Stiles Road, Suite One, Salem,NH 03079 and D7�# Howard, Epsilon Associates, Inc., 150 Main Street, P.O. Box 700,Maynard, MA 1� � D u 12002 BOARD OF APPELt& s\lit\301660\0001\F0210949.DOC;1) i ' I The public hearing was closed on April 24, 2002. GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include,but are not limited to, the following materials that are on file at the Office of the North Andover Zoning Board of Appeals: 1. Traffic Impact&Access Study, Proposed Residential Development Project,Dale Street,North Andover, MA,prepared by DJ Kelly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March,2002); 2. Fiscal Impact Analysis prepared by Meetinghouse Commons, LLC for the North Andover Zoning Board of Appeals dated December 4, 2001; 3. Stormwater Management and Drainage Analysis prepared by MHF Consultants, Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 5. No-Cut Buffer Restriction; 6. Conservation Commission Order of Conditions dated March 27, 2001; and 7. Certified list of Abutters. The Applicant submitted plans prepared by Huntress Associates, Inc., MHF Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning Board of Appeals with the Comprehensive Permit application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department, the North Andover Fire Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the plans is April 17, 2002. As a result of numerous revisions, all issues raised by Town boards and agencies have been addressed by the Applicant. Prior to the close of the public hearing, the North Andover Zoning Board of Appeals received and considered written communications from Meetinghouse Commons, {J:\CLIENTS\l it\301660\000]\F0210949.DOC;I) 2 The public hearing was closed on April 24, 2002. GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include,but are not limited to, the following materials that are on file at lthe Office of the North Andove�j Zoning Board of Appeals: qnd Arm � eit iti-OfV iA+V 4') L-Al 9 r 0P� I + C" CA 0 ��✓K'A 1. Traffic Impact &Access Study, Proposed Residential Development Project,Dale Street,North Andover, MA,prepared by DJ Kelly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March,2002); , -2. Fiscal Impact Analysis prepared by Meetinghouse Commons, LLC for the e� North Andover Zoning Board of Appeals dated December 4, 2001; 3. Stormwater Management and Drainage Analysis prepared by MHF Consultants, Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 1 5. No-Cut Buffer Restriction; - �`ah 6. Conservation Commission Order of Conditions dated March 27, 2001; and U��ea q Certified list of Abutters. The Applicant submitted plans prepared by Huntress Associates, Inc., MHF �Jl Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning 17 �'q. Board of Appeals with the Comprehensive Permit application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department, the North Andover Fire Department, the North Andover Conservation Commission,the North Andover Board of Health, the North Andover Planning Board and the North Andover Department of Public Work 'S'P e0 l Partly as a result of comments and recommendations made by these Boards, the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the plans is pn . s a result of numerous revisions, all issues raised by Town boards and age 2�-7�, T ave been addressed by the Applicant. Prior to the close of the public hearing, the North Andover Zoning Board of- Appeals received and considered written communicat'ons from Meetinghouse Commons, (J:\CLIENTS\lit\301660\0001T0210949.DOC;I) 2 consultants to Meetinghouse Commons, Town boards and agencies, the Zoning Board of Appeals' outside consultant and various residents of North Andover. In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. ("VHB") to provide a technical review of the Applicant's application, plans and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The Applicant has satisfactorily addressed the issues raised by the consultant and,where appropriate, has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on Dale Street. The land is currently undeveloped. The 88 residential units (including 2 affordable units) will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. -- The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal,rubbish removal, recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Farm Realty Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex North Registry of Deeds in Book 6333, Page 359, see also deed recorded in Book 1467,Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The site is also identified on the Town of North Andover Assessor's Map 1-6 as Lot 28 and a portion of Lot 31. ING Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with an office in Salem, Massachusetts. Salem Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the {J:\CLIENTS\lit\3'01660\0001T0210949.DOC;1} 3 decision by the Massachusetts Housing Appeals Committee and Stuborn Limited Partnership v. Barnstable Board of Appeals,No. 98-01 (March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents,Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install,maintain, repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. The Applicant has selected Citizens Housing and Planning Association (CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA, then it will secure an agreement with another non-profit or public entity for such purpose. SPECIFIC FINDINGS OF FACT 1. The Applicant. The applicant,Meetinghouse Commons, LLC, is a "limited dividend organization" as that term is used in Massachusetts General Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since (a) it is a limited dividend organization, (b)the project is fundable by the Federal Home Loan Bank of Boston's (FHLBB)New England Fund through a participating lender, and (c) has site control as that term is used in 760 CMR 31.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner, H. Michal Smolak, Jr. as Trustee of the Smolak Farm Realty Trust. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met any of the statutory minima set forth in Massachusetts General Laws chapter 40B, § 20 or 760 C.M.R. 31.04. 3. The Project. The project, as shown on the final plans, consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as "Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent (25%) of the units or 22 units will be"low or moderate income housing" as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing {J:\CLIENTS\lit\301660\0001\F0210949.DOC;1} 4 and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. Support by Town Board and Agencies. During the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department, Fire Department, Conservation Commission, Planning Board, and Board of Health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local Needs. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. DECISION Based on the above findings, on April 24, 2002, the North Andover Zoning Board of Appeals voted unanimously (4-0)to grant Meetinghouse Commons a Comprehensive Permit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMIT CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the "Board") and referenced below (the"Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1- 45 Prepared for: Meeting)touse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street {J:\CLIENTS\1it\301660\0001\F0210949.DOC;I} 5 Andover, MA 01_810;1_..__s- KQ-) t(!_ V/! )/II 3_ MHF Design Consultants, Inc. 103 Stiles Road, Suite One �- Salem,NH 03079; --' epsilon dates InncG►� � �� 150 Main Street ,rp-� (,; v, Maynard,MA 01754 Original Date: July 20, 2001 o- 3 - 01 36341 Final revision date:,--' prif 17, 2002 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of Land (Sheet 3A) showing the lot for the Project. The Building Ins ec shall make the determination whether any proposed change is substantial. f e 4. The project shall consist of eighty-eight (88)units, a community center 'A building in accordance with the Plans (the"Project'). Twenty-five percent(25%) of the ' eighty-eight (88) units or twenty-two (22) units shall be affordable as provided below. ) st 5. The 88 residential units will be contained in forty-eight (48) residential CCA flog buildings. The community center building will contain a maintenance office, n q. maintenance/storage area, exercise rooms,bath and shower facility, large and small X1`0 �� � meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction, Meeting House Commons, LLC (MHC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities in the portion of South Bradford Street south of the Project. {J:\CLIENTS\1it\301660\000IT0210949.DOC;I} 6 Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than ninety-nine (99) years. Moreover, in the event that the Affordability Requirement is not perpetual,MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston (FHLBB)by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25%of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20%of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. {JACLIENTS\lit\301660\0001T0210949.DOC;1} 7 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units (the "Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development(DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided, however, that'in no case shall local preference be granted for more than seventy percent(70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the "Condominium Documents")which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant"); provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the"Housing Laws"). {J:\CLIENTS\lit\301660\000IT0210949.DOC;1} 8 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s) that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall incorporate the items (a) through (f) above and further provide that in no event shall an affordable unit be rented at market rate 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including,but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal,road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit {J:\CLIENTS\lit\301660\0001T0210949.DOC;1} 9 the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three (3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction, MHC will post a bond or security in the amount to be determined by the DPW, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. {JACLIENTS\lit\301660\0001 T0210949.DOC;1} 11 Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further,MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction,MHC shall submit a certificate of insurance,which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit,MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty(60) days of said submission. 50. Prior to obtaining a building permit, MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules,regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, {J:\CLIENTS\lit\301660\0001\F0210949.DOC;I} 12 State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00, the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy. 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act(MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof, not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. {J:\CLIENTS\lit\301660\0001\F0210949.DOC;1} 13 EXHIBIT 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts,Meetinghouse Commons, LLC seeks and the Board hereby grants the exemptions from or waiver of all local by-laws, rules,regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning By-Law Local Regulation_ Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts,which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land, buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house Summary of Use (containing an exercise {J:\CLIENTS\lit1301660\000IT0210949.DOC;I} 14 Regulations, table attached area, conference meeting ("Use Table"). rooms,kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain), regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. {J:\CLIENTS\HA301660\0001 T0210949.1)0C;I} 15 Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking o exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 16 III. North Andover Subdivision Rules and Regulations Local Regulation Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts(November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. {J:\CLIENTS\1it\301660\000IT0210949.DOC;1} 17 TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business& Other Offices No Yes (Conditon S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating &Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes (Condition S) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes (Condition S) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes I J AC LI ENTSU i N 01660\0001 T0210949.DOC;I) 18 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Rear Set-Back Min. (ft) 30 5 Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A {J:\CLIENTS\lit\301660\000IT0210949.DOC;I} 19 Town of North Andover tORT�y Office of the Zoning Board of Appeals o o't`.o "oma Community Development and Services Division 27 Charles Street49 North Andover,Massachusetts 01845 �, +�*��,•• sS�cHusE Building Comm D. Robert Nmetta Telephone (978)688_9541 Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: IFor). C_. I CPof t�rr6�h '5 C' F : AX NUMBER: - J I FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover,Massachusetts 01845 FAX: 978-688.9542 PHONE: 978-688-9541 DATE-- SUBJECT: AT!~SUBJECT: A A ' Jj NUMBER OF PAGES: C1 REMARM. 30ARD OF,4PPE.ALS 688-9541 BLULDMTG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-01-02 08:55 Identification Result Pages Tyke Date Time Duration Diagnostic 89786816333 OK 11 Sent May-01 08:50 00:04:58 002582030022 1.2.0 2.8 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-01-02 09:00 Identification Result Pages Tvce Date Time Duration Diagnostic 89786816333 OK 11 Sent May-01 08:56 00:04:00 002582030022 1.2.0 2.8 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-01-02 09:07 Identification Result Pages Tvne Date Time Duration Diagnostic 89786864314 OK 11 Sent May-01 09:01 00:05:42 002480030022 1.2.0 2.8 i HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-01-02 09:13 de I ntification Result Pages Tune Date Time Duration Diagnostic 89786864314 OK 11 Sent May-01 09:08 00:04:56 002480030022 1.2.0 2.8 - ci HP Off ceJet Fax Log Report Personal Printer/Fax/Copier May-01-02 09:20 Identification Result Pages Tvne Date Time Duration Diagnostic 89787942088 OK 11 Sent May-01 09:15 0604:43 002582030022 1.2.0 2.8 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-01-02 09:28 Identification Result Pages T tM Date Time Duration Diagnostic 89787942088 OK 11 Sent May-01 09:25 00:03:44 002582030022 1.2.0 2.8 FedEx I Ship Manager 1 Labe17905 1649 2539 Page 1 of 1 From:BRIAN C LEVEY(508)879-5700 REVENUE BARCODE BOWDITCH&DEWEY,LLP 161 WORCESTER ROAD e SUITE 600 FRAM INGHAM,MA,01701 To: Town of North Andover (508)879-5700 Zoning Board of Appeals Attn: Mich SHIP DATE: 30APR02 WEIGHT: 1 LBS 27 Charles Street North Andover, MA, 01845 Ref:#301660.0001 (BCL) 1111111111111111111111111111111111111111 DE LIVERY ADDRESS CARCODE(FEDER-EDR) FedEx PRIORITY OVERNIGHT WED TRK#7905 1649 2539 6a% BO S AA Deliver by: 01845-MA-US01 BEDA 01 MAY02 Please fold this document in half and place it in the waybill pouch affixed to your shipment so that the barcode portion of the label can be read and scanned. ***WARNING:Use only the printed original label for shipping.Using a photocopy of this label fbr shipping purposes is fraudulent and could result in additional billing charges,along with the cancellation of your FedEx account number. 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FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,ne&livery,misdel ivery,or misinformation, unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales,income interest,profit,attorney's fees,costs,and other forms of damage whether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is$500,e.g.jewelry,precious metals,negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits,see current FedEx Service Guide. hos://www.fedex.com/cgi-bin/unity?www47&gifs/39/25/7905_1649_2539SBNaWQi.html 4/30/02 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 &Dewey www.bowditch.com A T T O R N E Y S Bowditch&Dewey, LLP April 30, 2002 VIA FEDERAL EXPRESS Robert P. Ford, Esq. 555 Turnpike Road North Andover, MA 01845 Re: Meetinghouse Commons Decision Dear Mr. Ford: In accordance with your request, I enclose a complete copy of the final version of the entire Comprehensive Permit Decision for Meetinghouse Commons. The enclosure includes the introductory section you requested along with the Permit Conditions and Waiver List(Exhibit 1). All of these sections are now integrated into one document. If you need an electronic copy, please let me know. I trust that the enclosure is satisfactory, but please let me know if you have any questions or comments. Veryruly� yours, 'Brian C. Levey ;l`rl BCL/gpk Enclosure cc: ffice of Zoning Board of Appeals (w/enc.)(via federal express) Thomas Zahoruiko (w/enc.)(via federal express) pC� C� f� � dC� Y D E ��i r � 1 2002 BOARD OFAPJPM \Itt\301660\0001\F0210965.DOC;1} Worcester Office: 311 Main Street,P.O.Box 15156•Worcester,MA 01615-0156•Telephone:(508)791-3511 •Facsimile:(508)756-7636 Transportation Land Development Environmental • services • imagination I Innovation I energy Creating results for our clients and benefits for our communities May 9,2002 Uanasse Hansen Brusli , Tnr Ref: 06716.49 Mr.Robert Nicetta Building Commissioner/Zoning Officer Community Development&Services Town of North Andover 27 Charles Street North Andover,MA 01845 Re: Comprehensive Permit Application Review for Meeting House Commons North Andover,MA Dear Bob, Vanasse Hangen Brustlin,Inc. (VHB)has received the revised plans,copies of Town correspondence and calculations prepared by MHF Design Consultants,Inc.(dated April 18,2002). This information has been submitted to VHB in response to our follow-up review letters dated April 2 and April 8,2002. It appears that all of VHB's comments have been adequately addressed and VHB's concerns in this matter have been satisfied.No further engineering review is anticipated at this time. If you have any questions or concerns,please call me at your convenience. Very truly urs, VANASSE HANGEN BRUSTLIN,INC. Timothy B.McIntosh,P.E. Project Manager—Highway&Municipal Engineering RECEIVED MAY 1 U 2002 BUILDING DEPT. DMAY 1 0 2002 tWalnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 BOARD OF APPE1t`GTR\te\0671649\docs\letters\let-approval-050802.doc 6117.924.11770 a FAX 617.924.2286 email: info@vhb.com www.vhb.com 04/29/02 MON 16:01 FAX 508 872 9017 BOWDITCH & DEWEY Q001 161 Worcester Road,P.O.Box 9320 fi Framingham,MA 01701-9320 Telephone:(508)879-5700 Bowditch��G Facsimile:(508)872.1492 ' wivw.bowditchcom Dewey A T T O R N E Y S✓✓ Bowditch&Dewey, LLP FACSIMILE TRANSMITTAL SHEET TO: FAX NUMBER: Office of Zoning Board of Appeals (978)688-9542 DATE: PHONE NUMBER: April 29,2002 FROM: TOTAL NO.OF PAGES INCLUDING COVER: Brian C. Levey,Esq. 21 RE: CLIENTINATTER NUMBER: Meetinghouse Commons 301660.0001 URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE APR 2D 9 2002 BOARD OF APPEALS (J.ICLIEArMit1301660100011F0210816.DOC,I) The documents accompanying this facsimile transmission contain information from the law firm of Bowditch&Dewey,LLP which is confidential and/or privileged. The information is intended to be for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, be aware that any disclosure,copying,distribution or use of the contents of this faxed information is prohibited. #you have received this facsimile in error,please note its by telephone immediately so that we can arrange for the retrieval ofthe original dmwtuents at no cost to yott. If you do not receive allpages or receive this fax in error,please call 04/29/02 KION 16:01 FAX 508 872 9017 BOWDITCH & DEWEY Q002 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 ��)%dJ t Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 chi Dewey www.bowditch.com A T T O R N E Y $ Bowditch&Dewey, UP April 29,2002 VIA FACSIMILE(978)681-6333 Robert P. Ford,Esq. 555 Turnpike Road North Andover,MA 01845 Re: Meetinghouse Commons Decision Dear Mr. Ford: In accordance with your request,I enclose a copy of the final version of the Comprehensive Permit Conditions for Meetinghouse Commons. (Kindly note that the waiver document is Exhibit I to the conditions and is included in this enclosure.) The enclosure incorporates all of the changes requested by the Zoning Board of Appeals at the final session of the public hearing on Wednesday,April 24, 2002. I will forward the introductory section of the decision shortly. I trust that the enclosure is satisfactory, but please let me know if you have any questions or comments. Very.trilly,yours, Brian C. Levey t, BCL/gpk Enclosure cc: Office of Zoning Board of Appeals(,,v/enc.) Thomas Zahoruiko(w/out enc.) ASR 2 9 2002 D BOARD OF APPEALS (JACLIENTSUit\30I660\000IT-0210798.DOC;I) Worcester Office: 311 Main Street,P.O.Box 15156•Worcester,MA 01615-4156•Tclephnne:(508)791-351 t•Facsimile:(508)756-7636 04/29/02 MON 16:02 FAX 508 872 9017 BOW'DITCH & DEWEY 0003 Meetinghouse Commons � Comprehensive Permit Conditions The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the"Board') and referenced.below(the'Plans'). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meeting House Commons at Smolak Farms South Bradford Street North Andover,MA Sheets 1-45 Prepared for: Meeting House Commons,LLC 185 Hickory Hill Road North Andover,MA 01845 Prepared by: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810; MHF Design Consultants,Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates,Inc. 150 Main Street Maynard,MA 01754 Original Date: July 20,2001 Final revision date: April 17,2002 3. The Plans shall not be substantially changed,altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use,structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of i3 #TSUit\301b6010001\F0210312.DOC;S; APR 2 9 2002 BOARD OF APPEALS 04/29/02 MON 16:02 FAX 508 872 9017 BOWDITCH & DEWEY Q004 Land(Sheet 3A)showing the lot for the Project. The.Building Inspector shall make the detennination whether any proposed change is substantial. 4. The project shall consist of eighty-eight(88)units, a community center building in accordance with the Plans(the"Project'). Twenty-five percent(25%) of the eighty-eight(88) units or twenty-two (22)units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight(48)residential buildings. The community center building will contain a maintenance office, maintenanceistorage area, exercise rooms,bath and shower facility,large and small meeting roams and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in comp rance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction,Meeting Douse Commons, LLC (MHC)shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this 2 1JA\CLIENTSUit\301660\000IT-02 i0312DOC-3) 04/29/02 MON 16:03 FAX 508 872 9017 BOWDITCH & DEWEY Q005 area except as necessary to install,maintain,repair or replace utilities in the portion of South Bradford Street south of the Project. Affordable Housing 10. The sale and resale of twenty-five percent(25%)of the units in the Project shall be available for purchase by persons whose income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban Development(the"Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project,a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30)days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law,the Deed Rider shall include an Affordability Requirement for the longest period allowed by law,but in no event. less than ninety-nine(99)years. Moreover,in the event that the Affordability Requirement is not perpetual,MHC shall submit to the Board written evidence of 3 I JACLIENTSILV0166M000I\F0210312.DOC;5) 04/29/02 BION 16:03 FAX 508 872 9017 BOWDITCH & DEWEY IM006 its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of f rst refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund (NEF) as administered by the Federal Home Loan Bank of Boston(FHLBB)by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25%of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20%of the total development cost of the Project as defined b regulations o y gu f the applicable FHLBB/1VEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. 16. Prior to the issuance of a building permit,the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy,the North Andover Housing Authority,Town of North Andover Community Development Division 4 {):\CLIENTSUit\301660\0001\F0210312,DOC;S) 04/29/02 MON 16:04 FAX 508 872 9017 BOWDITCH & DEWEY Z007 and MHC shall agree upon the rules for the selection of buyers of affordable units (the`Buyer Selection Rules'), The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development(DHCD)regulations and guidelines, if any, The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided,however,that in no case shall local preference be granted for more than seventy percent(70%)of the affordable units.The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy,MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA)to monitor the Project. If, for any reason,MHC is unable to retain CHAPA,then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. 5 {J:\CLIENTS\RWI660\0001\F0210312.D0C;5} 04/29/02 MON 16:04 FAX 508 872 9017 BOWDITCH & DEWEY IM008 Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units.There shall be a Master Deed and Condominium Trust for the Project(the Condominium Documents")which shall both Include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five(55)or older(the"Qualified Occupant"); provided, however,that in the event of the death of the Qualified Occupant(s)of a unit,or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the"Age Restriction")so long as the provisions of the Housing Laws(defined below)are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder,24 CFR Subtitle B,Ch. 1, section 100.300 et seq. and M.G.L. c. 15113, section 4(the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit.Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town 6 13:\CLI ENTS\l it\301660\0001 kF0210312.DOC;51 04/29/02 MON 16:05 FAX 508 872 9017 BOWDITCH & DE{4'EY Q009 Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60)days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s)that is not Iess restrictive than the following: Any lease or rental of a unit by a unit owner, other than by M1IC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement i nt shall apply to the entire unit � pp y ,and not a portion thereof, C. The term of the lease or rental agreement shall be for a term of not less than six(6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units,leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall Incorporate the item � rp s a through(f) above and further provide that in no event shall an affordable unit be rented at market rate ' 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time,except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including,but not limited to,vehicles for the purpose of delivery or moving,construction,repair or maintenance,public or private transportation,agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this 7 J:\C LI ENTS\l i t\301660\0001\F0210312.DOC;5) 04/29/02 MON 16:05 FAX 508 872 9017 BOWDITCH & DEWEY Q010 provision shall be enforced by the designated agent(s)of the Condominium Trust. 25. MHC will be responsible for the snow removal,trash removal,rubbish removal,recyclable materials removal,road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works(DPW). 27. MHC will construct the on-site water line at its own cost. 28. AMC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission.The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 8 (J:\CLIENTS\1it\30166010001\F0210312.D0C;5J 04/29/02 MON 16:06 FAX 508 872 9017 BOWDITCH & DEWEY 2011 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60)days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation,topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance.The sight distance maintenance triangular area shall extend back 20 feet.from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle)and up to 400 feet along Dale Street to the east and west(representing an approaching vehicle). MHC will be responsible for the i maintenance required under this paragraph until such time as the organization of i 9 J ACLIENTSM it1301660\0001\F0210312.DOC;5) . I 04/29/02 MON 16:06 FAX 508 872 9017 BOWDITCH & DEWEY [ 012 condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street,egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane.There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three(3)intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law,children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit,in addition to the conduits required to serve the Project,MHC will install at least two(2), four inch conduits for either telecommunications,utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 10 IJACLIENTSUi[\301660\0001\F0210312.DOC;5) 04/29/02 MON 16:07 FAX 508 872 9017 BOWDITCH & DERBY Q013 41. MHC shall erect at least three(3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction,AMC will post a bond or security in the amount to be determined by the DPW,in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line,on-site sewer line and off-site sewer pump station. Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further,MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction,MHC shall furnish the Building Commissioner with the recording information for the Plans(with any revisions necessitated by this decision)which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer,registered professional land surveyor and architect of the Commonwealth of Massachusetts. I1 {I:\CLIENTS\l il\301660\0001\F0210312.UOC;5) 04/29/02 MON 16:07 FAX 508 872 9017 BORDITCH & DEWEY Z014 48. Prior to the commencement of construction,MHC shall submit a i certificate of insurance,which shall include coverage for general liability, automobile liability,umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit,MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered I professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and,in such case,such approvals shall be granted within sixty(60)days of said submission. 50. Prior to obtaining a building permit,MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws,rules,regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing,Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 12 {JACLIENTSM t\301660\0001\F0210312.DOC;5) 04/29/02 MON 16:07 FAX 508 872 9017 BOWDITCH & DEWEY Q015 54. MHC has obtained an Order of Conditions under the 310 CMR. 10.00,the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection(DEP) Stormwater Management Policy. 55. If applicable,MHC shall obtain a Massachusetts Environmental Policy Act(MEPA)certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction,MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration,dust and blocking Town ways. At all times,MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions,or requirements of this decision and is authorized to commence ptoceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof,not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 13 {3:iCLIF,NTS11it1301660100011F0210312.DOC;5 j 04/29/02 MON 16:08 FAX 508 872 9017 BOWDITCH & DEWEY 11016 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. I 14 O:\CLIEN"IS\Iit\301660\0001\F0210312.DOC;5) 04/29/02 MON 16:08 FAX 508 872 9017 BOWDITCH & DEWEY 017 1 Exhibit 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§20-23,of the General Laws of the Commonwealth of Massachusetts,Meetinghouse Commons,LLC seeks exemptions from or waiver of all local by-laws,rules,regulations,permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under B,y law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act,M.G.L. c. 131, sec. 40 ("Wetlands Act')and 310 CMR 10.00("Wetlands Regulations'). 11. North Andover Zoning By-Law Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8,Acts of 1975, Massachusetts,which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings,or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See j community meeting house (I:ICLIENTSUit13016601000i1F0210313.DOC,4) 1 04/29/02 MON 16:09 FAX 508 872 9017 BOWDITCH & DEWEY Q018 Summary of Use (containing an exercise I Regulations,table attached area,conference meeting ("Use Table"). rooms, kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot,including two residential buildings (containing 42 residential units),46 detached dwellings,one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain),regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements,table Table. attached("Dimensional Table'). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional 13:1CLIENTS\lit\30166010001\F0210313.DOC;4} 2 04/29/02 MON 16:09 FAX 508 872 9017 BOWDITCH & DE41EY Q019 Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit(garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terns Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Pen-nits. Comprehensive Permit. §1 I Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. t1:\CLIENTS\1iW01660\00011f0210313.DOC;4} 3 04/29/02 MON 16:10 FAX 508 872 9017 BOWDITCH & DEWEY Q020 III. North Andover Subdivision Rules and Regulations Local Regulation &41ILred Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover,Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required REgUQ5ed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer, cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Reuir ro se Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. (J:\CLJENTS\Iif301660\0001\F0210313.DOC;4) 4 04/29/02 MON 16:10 FAX 508 872 9017 BOWDITCH & DEWEY Z021 I TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No ' Business&Other Offices No Yes(Conditon S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes(Condition 5) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes(Condition S) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes (3:\CLIENTS\Iit\301660\0001\F0210313.DOC;4I 5 04/29/02 MON 16:11 FAX 508 872 9017 BOWDITCH & DEWEY Q022 TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max(ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back Min. (ft) 30 5 Rear Set-Back Min. (ft) 30 5 Floor Area Ratio Max N/A N/A I Lot Coverage Max. N/A NIA Dwelling Unit Density Max/Acre N/A N/A {J,\CLIENTS\1it\301660\00011F0210313.DOC;41 6 l f �, � �. -- � �.. ., W I li Town of North Andover f N°RT#f Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ACHUSk D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 Date �,(7 N ti C- o TO: Town of North Andover o C-)::o Zoning Board of Appeals — T 27 Charles Street n North Andover MA.01845 D m z D o . w Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET : - �� � pJs�2��� Ut ICS('tel �d �JD (� ° TOWN: mA?, NAME OF PETITIONER: or C Signed: oner(or petitioner's representative) ATTACHMENT WAIVER 9MAR12 2002 -BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ARD OF APPEALS To: Zoning Board of Appeals From: Jack and April Foley, abutters Re: Meetinghouse Commons Date: March 12, 2002 We, Jack and April Foley, of 522 South Bradford Street are writing 1)with an update and 2)to put in the record a solution we believe meets the safety concerns of the Coventry/Lancaster/South Bradford neighbors. Developer Tom Zahoruiko has provided us with RESTRICTION language we are confident precludes Meetinghouse Commons from intruding at a future date on the 140- foot wide no-cut buffer zone they have created to protect the interests of the abutters and the Lancaster/Coventry/South Bradford neighbors group. This legal document is pending legal review,but appears to be well drafted and we all appreciate the clarity of its language and intent. The neighbors, desiring further permanence to the protections they seek from the Meetinghouse Commons traffic and Dale Street traffic through the narrow,winding roads we live on,passionately support an additional level of protection. The plan we and the neighborhood group advocate would see the town join with us in going before the Board of Selectman or Town Meeting to see the Town of North Andover relinquish the Right of Way through 522 South Bradford Street that it now holds. Agreement to work together in good faith to abandon this right-of-way would be the critical piece that would alleviate the concerns that the road connection could become an issue again at a later date when Meetinghouse Commons would already be a reality. The neighbors believe that the potential South Bradford Street road connection is a threat without a constituency that wants it. Abandoning the right-of-way fronting 522 South Bradford Street represents the closure this concerned neighborhood needs. Please enter this view in the record as the Meetinghouse Commons review goes forward. Very truly yours, Va:t April Fole P Y WN MAR 12 2002 D BOARD OF APPEALS HUNTRESS ASSOCIATES LANDSCAPE ARCHITECTURE &LAND PLANNING March 11, 2002 North Andover Zoning Board of Appeals Acting Chairman Town Hall- 120 Main Street North Andover,MA 01845 Subject: Meetinghouse Commons at Smolak Farm Dear Mr. Chairman: We are in receipt of VHB's letter dated 2/11/02 regarding their review of the Comprehensive Permit application for Meetinghouse Commons in North Andover, Massachusetts. The following is a reply to each of the issues and concerns raised during their initial review. For the record, it is also our opinion that this review goes beyond the scope allowed by MGL Chapter 40B, and the North Andover Comprehensive Permit Rules and Regulations. As you are aware, the Comprehensive Permit review process guided by MGL 40B is intended to provide an initial review, and that more detailed plans are provided after ZBA approval, and before the issuance of a building permit. The following represents our written reply to all comments: PLAN REVIEW The plans, stamped 12/20/01, show 88 proposed units. This is not consistent with the application for special permit(comprehensive permit)which reference 93 units or the traffic information which references 92 units. These sources should be consistent. ■ The original application included 93 dwelling units. During discussions with the ZBA and abutting property owners, the density was reduced to 88 units. VHB recommends that prior to the acceptance of the project,the Town have legal counsel review the proposed deed restrictions.. ■ No comment required. Based on the Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals,the following comments note non-conformance with specific sections: 1. 3.01 (a) The revised site plan must be stamped and signed by a registered architect. The Plan has been stamped by a Professional Engineer and a Registered Land D �S eyor. MAR J 1 2002 U� BOARD OF APPEALS 17 Tewksbury Street, Andover MA oi8io 978.470.8882 978.470.8890 fax North Andover Zoning Board of Appeal Page 2 of 13 March 11, 2002 ■ The revised plan will be stamped by a Registered Architect. 2. 3.01 (c) Scaled architectural drawings signed by a Registered Architect are required but have not been provided at this time. ■ Scaled drawings have been provided in the original application. Revised drawings, stamped by a Registered Architect, will be provided. 3. 3.01 (d) VHB was not able to locate the tabulation of proposed buildings by type and size on the plan. This tabulation should show;type, size,and ground coverage,with summary information as required by this section. ■ Tabulation of proposed units have been provided. Please refer to page 4 of the original Comprehensive Permit application, dated August 30, 2001. 4. 3.01 (h) As the revised site plan will likely affect the number of requested exceptions, VHB recommends that an updated list of exceptions be prepared for review. ■ An updated list of exemptions will be provided to the ZBA. 5. 3.01 (i) Plans are to be 24"x 36"in size. ■ To minimize the amount of sheets required in the plans set, the applicant has provided a sheet size of 30"x42".(Reduce, Reuse, Recycle) The North Andover Zoning Board of Appeals has previously agreed to this sheet size. However, this item will be added to the revised list of exemptions. In addition,VHB has reviewed the comprehensive permit application for conformance to the appropriate sections of the 1972. Town of North Andover Zoning Bylaw amended in May 2001. As the applicant has documented specific sections of the Bylaw where exemptions have been requested, VHB will summarize the exemptions,but focus this review on applicable sections of the Bylaw,and specific concerns regarding the exemptions requested: 1. Section 4.1.1 The applicant has requested exemptions from this section of the regulations specifically because the proposed multi-family use is not allowed in an R- 1 zoning district. ■ An exemption to this requirement has been requested. North Andover Zoning Board of Appeal Page 3 of 13 March 11, 2002 2. Section 4.136 The applicant has indicated that the proposed project is not within the Watershed Protection district. Please have the applicant confirm that the entire site is outside the limits of the Watershed District and if possible show the limits of the Watershed District on the locus plan. It appears that the site is very close to the limits of the Watershed District. ■ The site is NOT within the Watershed Protection District. Attached you will find a copy of the Town's Zoning Map, showing the limits of the Watershed Protection District. 3. Section 4.137 The applicant indicates in the exemption request matrix provided that the performance standards of this section will be complied with. Further review under this section will be covered in the drainage section of the report. ■ No response required. 4. Section 4.2 The applicant requests an exemption from the phasing of development section of the zoning by-law. The applicant indicates that the project will be built out within a reasonable time. ■ Correct, no response required. 5. Section 5. The applicant requests exemption from the soil removal section, and proposes offering a limit of a maximum amount of soil to be removed from the site. This volume had not been specified at the time of the review. ■ As noted, an exemption to this section has been requested. 6. Section 5.8 defines the restoration standards for the soil removal section of the Bylaw. The applicant should indicate how the removal section will be left at completion of the soil removal process and also indicate how soon after the operation,the site will be restored. ■ All disturbed areas will be loamed, seeded and/or planted as shown on the Conceptual Landscape Plan. 7. Section 6.0 The applicant has not requested an exemption from this section of the by- law. Details of proposed signing should be provided. ■ Details of proposed signage are beyond the scope of review required by MGL Chapter 40B, and the North Andover Rules and Regulations regarding Comprehensive Permit Applications. No signage is proposed at this time. North Andover Zoning Board of Appeal Page 4 of 13 March 11, 2002 8. Section 7.0 The applicant has requested numerous exemptions from this section because the proposed multi-family type complex. ■ Correct, no response required. 9. VHB recommends that the applicant provide a table on the plans showing the existing, proposed and required zoning setbacks, areas and parking requirements. The information provided in the request of exemption section does not appear complete. ■ An updated table has been provided on the revised plans, see attached. 10. The proposed parking space size of 9' x 12' is significantly smaller than the Town standard of 9' x 18'. ■ All proposed parking spaces are dimensioned at 9'x18" as shown on the record plans. 1.1. The proposed location of the community meeting house may make walking to it a challenge for the older members of this community. Parking at the meeting house will also present challenges given the very limited parking availability at the meeting house. ■ The location of the proposed meeting house is beyond the scope of review allowed under MGL Chapter 40B. Furthermore, we find this comment to be subjective and arbitrary. We respectfully disagree and would suggest that adults over the age of 55 are able to walk the short distance to the Common Meeting House. The walking distance ranges from 200'to `/4 mile, maximum. 12. Section 8.3 The applicant has requested an exemption from the Site Plan review criteria. ■ Correct, no response required. 13. Section 8.5 The applicant has requested an exemption from the requirements of the planned residential development section of the zoning bylaw. ■ Correct, no response required. 14. Section 8.7 The applicant has requested exemption from the growth management section of the zoning bylaw. This bylaw assures in part that Town has services available for the development of property. The applicant should confirm that the Town utilities have capacity to accept additional customers at this time. Specifically, North Andover Zoning Board of Appeal Page 5 of 13 March 11, 2002 capacity analysis should be performed for water, sewer,gas and electric as these services are critical to the health and safety of the community. ■ The capacity of existing utilities is sufficientfor the proposed use. North Andover DPW has reviewed and approved the proposed plans. Further, at the request of the DpW,, the applicant has agreed to design the pump station beyond their needs, to meet increased demand in the area. 15. Section 10 The applicant has requested exemption from the administrative requirements of the zoning bylaw. ■ Correct, no response required. 16. Sections I 1 and 14 The applicant has requested exemption from Planned Development District and Independent Elderly Housing sections of the zoning bylaw. ■ Correct, no response required. DRAINAGE REVIEW VHB's comments are pending. STANDARD ENGINEERING PRACTICE VHB has reviewed the site plans for conformance to standard engineering practices. The purpose is to document the engineering issues and potential construction issues associated with this development. VHB offers the following comments related to vehicular safety, pedestrian safety and potential construction issues: 1. Vehicle turning movements for passenger vehicles and single unit vehicles(indicative of a single unit fire truck)were checked. Upon review of the revised site plan, it appears that single unit vehicles will have difficulty accessing some building locations and parking areas. Passenger vehicles may also difficulty accessing driveways (for example, entering the driveway for unit 21). ■ The North Andover Fire Department has reviewed and approved the proposed plans. We have reviewed all turning radii within the project and strongly disagree with the above statement. The driveway and roadways for this project are not dissimilar to the design for subdivision roads within the Town of North Andover as they relate to turning radii, therefore they should not pose a problem. i I North Andover Zoning Board of Appeal Page 6 of 13 March 11, 2002 2. VHB recommends that locations of the proposed wheelchair ramps be identified on the site plans. Further, VHB recommends that a continuous accessible route be provided within the site to accommodate handicap people. ■ All site improvements will be designed to meet, or exceed, the requirements of the ADA and AMB. Final details will be provided prior to the issuance of a building permit. Handicap ramp locations and details are shown on the revised plans. 3. The location of snow disposal areas have not been identified on the plan. The Applicant should refer to the Snow Disposal Guidelines issued by DEP for snow disposal location requirements. Ideal snow storage locations are away from wetland areas. ■ Revised plans provide areas for snow storage. 4. How is solid waste to be removed from the site? • Solid waste will be removed from the site by private service. 5. The applicant's engineer should provide minimum design standards for the roads in the proposed subdivision. Minimum site distances,horizontal curve radii,minimum k values and design speeds should be provided. There are sections of the proposed road that show vertical alignments with k values of as low as 13.5. Such a k value is only appropriate at a very low design speed. These calculations should be completed and stamped and signed by a professional engineer. ■ As stated in the original application, the proposed roads have been designed to best fit the existing topography and natural features. Given the size of the proposed development, and the character of the proposed roadway, a 25 MPH maximum design speed was used. Signs will be posted within the project limiting speeds to a maximum of 25 MPH.All vertical curves have been designed to meet the minimum requirements for the 25 mph design speed. 6. The proposed 4' sidewalk does not appear to meet the requirements of the ADA and AAB. The design engineer should review passing spaces required and maximum cross slopes. Please note that the construction tolerances allowed under the ADA and AAB are very limited. ■ All improvements will meet the requirements of the ADA and MAAB. Revised details have been provided on the revised plans. 7. The proposed meeting house does not show any handicap access parking spaces. The number of spaces should also be considered. The proposed project is a senior North Andover Zoning Board of Appeal Page 7 of 13 March 11, 2002 community. Many of the grades on the roadway and associated walks are relatively steep. Additionally,the location of the proposed meeting house may incline residents to drive to a function rather than walk. ■ The plans meet the requirements of the ADA and AMB, and further have been revised to provide handicapped parking at the Meeting House. It remains our opinion that the grades and walks are accessible, and appropriate for the proposed use. We respectfully disagree with the above comment, and would suggest that adults over the age of SS are able to walk the short distance to the common Meeting House. The walking distance ranges from 200'to %mile, maximum. 8. The plans show parking spaces of typical dimensions 9'x18'. The backup material references 9'x12'. Please clarify which dimension is to be used. ■ All parking spaces will be 9'x18'min. 9. The property lines at the intersection of streets should be rounded,as is the town standard. ■ A waiver to the subdivision standards has been requested as apart of this application. 10. The project parcel is listed as 32.02 Ac.,however the area of the two lots comprising the proposed lot add to 40.30 Ac. Please explain how the area was determined. ■ A lotting plan and revised area calculations have been provided in the revised plan set. 11. The utility plans show the sewer services passing under some roof infiltrator units,this will make the future repair of sewer services difficult. ■ Plans have been revised to eliminate this conflict. 12. Drainage and water should be shown on the profile plans. ■ This requirement is beyond the scope of MGL Chapter 40B, and the local Comprehensive Permit Rules and Regulations. 13. Some section of sewer plans show proposed depth of cover to be more than typically provided for when using PVC pipe. Please address the structural capacity of the proposed PVC or consider another material. North Andover Zoning Board of Appeal Page 8 of 13 March 11, 2002 ■ Plans have been revised and noted. 14. Details for picket fence have been provided,yet the location of the picket fence to be installed is not clear. Care should be given where the installation of a fence could impact site distance. ■ Appropriate care will be given to insure proper site distance. 15. The proposed cross section does not show a berm section. This may make the channeling of runoff difficult,particularly when considering the potential damage plowing the road may cause to the grass plots. ■ See revised plans. 16. More detailed information is required for material specification. The applicant should provide a note stating where the specification for the proposed material may be found. Any non-standard materials should be specified separately. ■ All proposed materials meet MHD standards for roadway construction. This comment is also beyond the scope of reviewed allowed by MGL Chapter 40B, and the local Comprehensive Permit Rules and Regulations. 17. If the pedestrian bridge is designed by a professional engineer, design calculations should be provided. Why was a railing not shown on the bridge? Does the bridge meet ADA/AAB requirements? ■ The pedestrian bridge meets all requirements of the ADA and MAAB. Details will be provided prior to construction. 18. Did the engineer complete pavement calculations for the proposed pavement structure? ■ No such calculation is required under MGL Chapter 40B, or the local Comprehensive Permit Rules and Regulations, or any other reasonable standard with which the applicant is familiar. The pavement section specified is typical, and appropriate for this type of development. 19. Ten percent is a relatively steep slope for a driveway in a senior community. ■ This is a subjective comment and we res ec l J � P �lY disagree. North Andover Zoning Board of Appeal Page 9 of 13 March 11, 2002 20. Structural calculations should be provided for the twin culverts and the proposed twin 24"culverts. ■ See revised plans. This comment is also beyond the scope of reviewed allowed by MGL Chapter 40B, and the local Comprehensive Permit Rules and Regulations. 21. Can the angle of the intersection of Cortland and Meetinghouse be designed to be closer to 90 degrees? ■ The roadway has been designed to minimize impact to wetlands, and best fit the existing topography. A stop sign will be added at this location. 22. Is guardrail to be used anywhere on the proposed project. If yes,VHB recommends that details be provided. ■ If needed, an detail will be provided prior to construction. 23. There appears to be a potential sight distance problem on Cortland Drive in the vicinity of sta 19+00. VHB recommends that the applicant investigate. ■ We have investigated the location an did noff nd a site distance problem. 24. Are the detention facilities to be fenced? VHB recommends that detention basins be fenced for safety purposes. ■ The detention facilities will not be fenced. 25. The proposed sewer below the proposed culverts will be difficult to maintain should access to it be needed. ■ The sewer line will be sleeved in this location. See revised plans. 26. Level areas should beP rovided at intersections. ■ Revised plans will be provided. Level areas at the intersections will be provided where applicable. ENVIRONMENTAL REVIEW VHB's comments are pending. North Andover Zoning Board of Appeal Page 10 of 13 March 11, 2002 TRAFFIC REVIEW ■ (For specific response to traffic comments please refer to the attached"Traffic Impact&Access Study and Response to Comments"Prepared by DJK) VHB has performed a review of the Traffic Impact Study — Proposed Residential Development for a proposed eighty-eight unit residential subdivision to be called Meeting House Commons at Smolak Farms located off of Dale Street in North Andover, Massachusetts. Dermot J.Kelly Associates, Inc(DJK) submitted the traffic impact study. VHB reviewed the entire report for safety issues, access and egress issues, and reviewed technical calculations and findings presented in the report. In general, the report has been prepared in a professional manner and conforms to traffic engineering industry standards. Proposal The description of the project notes the 88 units of over-55 housing. However a review of the site plan noted that there is a Community Meeting House on the site. What types of activities might take place in this facility? Are the 7 parking spaces shown adjacent to the building adequate to support these activities? Study Area — It appears that the study area includes the site driveways as well as one intersection to the east. How was the study area selected? Was the study area discussed/ confirmed with the Town of North Andover prior to preparation of the study? Existine Conditions DJK performed a thorough evaluation of the existing conditions in the vicinity of the project site. Vehicle Speeds and Sight Distance — VHB visited the area to gain an understanding of the existing roadway configurations. During our site visit, VHB noted that maximum speeds along certain areas along Dale Road slightly exceeded 40 mph. The information presented in the report notes that vehicle speeds ranged between 30 and 40 mph. For the purposes of calculating driveway sight distance requirements, VHB recommends that the 40 mph speed be utilized. Given that this is an elderly housing facility where perception and reaction times for some of the residents might be slower than the general population, some conservative calculations — such as using a 45 mph speed—would also be helpful in assuring that the sight distance calculations are adequate and conservative. There are two types of sight distance that relate to site driveway conditions. The first sight distance is Stopping Sight Distance (SSD). SSD is the minimum distance required for a driver to detect something in the roadway, react (apply the brake), and stop prior to hitting the obstacle. This would be the case of a driver along Dale Road seeing another North Andover Zoning Board of Appeal Page 1 I of 13 March 11, 2002 driver pull out of the site driveway (without yielding to the traffic on the main road) and being able to stop prior to colliding with that vehicle. The second application of sight distance is called Intersection Sight Distance (ISD), which is the distance required for a driver pulling out of a site driveway (from a stopped position) to detect a gap in the Dale Road traffic stream and be able to accelerate onto the roadway without causing drivers along Dale Road to slow down by any significant amount. The table below summarizes the required sight distances for given speeds. This information is based on tables and calculations presented in the AASHTO — Geometric Design of Highways and Streets 2001, 4r"Edition. Sight Distance Requirements based on 2001 AASHTO Handbook Design Speed SSD ISD (left turn) ISD (right turn) 35 mph 250 ft 390 ft 335 ft 40 mph 305 ft 445 ft 385 ft 45 mph 360 ft 500 ft 430 ft In the report,DJK measured the sight distances at all site drive locations,however the ISD measurements were not provided. Furthermore,the SSD measurements presented in the report appear to be accurate(assuming the vegetation trimming as recommended in the report are administered),but the measurements are based on the 1990 version of the AASHTO handbook. The applicant should re-evaluate the adequacy of the observed SSD in relation to the most recent version of AASHTO as well as review and present ISD measurements for review. If the measurements appear deficient,the applicant should present recommendations to address this issue. Accident Information — It would be helpful from a reviewing standpoint to determine if any accident issues are present in the vicinity of the site. Has the applicant gathered this information and, if so, what are the results? If not, we suggest that accident records along North Andover Zoning Board of Appeal Page 12 of 13 March 11, 2002 Dale Road and other study area locations be collected and presented to highlight that there are no pre-existing safety issues that might be exacerbated by the additional traffic to be generated by the proposed project. Future Conditions Traffic Generation — VHB commends the applicant for utilizing the higher traffic generation rates based on empirical data. Over time, the ITE data presented in Trip Generation has been determined to be historically lower than actual traffic generation rates. The volumes used in the preparation of the report are,therefore,acceptable. Trip Distribution — The traffic generated for the development was distributed onto the area roadways based on observed traffic patterns. While VHB might have selected a slightly different distribution pattern, the basis behind DJK's analysis is valid. Therefore, fore, there is no significant issue with the Trip Distribution patterns selected for this project. Mitigation and Recommendations(from the Executive Summary) It appears that off-site mitigation measures have not been proposed in the DJK report because the project's impacts do not cause any study area intersections to drop from an acceptable level of service to a deficient level of service. Although the project is relatively minor with respect to the area traffic volumes in general,the additional traffic to be generated by the proposed project will only serve to increase traffic in the area. The developer should continue to work with the Town to develop a mitigation package that considers a `fair share' contribution to any roadway improvements being considered in the vicinity of the project. Also,just to clarify,the site drive is described as being 24-feet wide,with one 12-foot wide lane for entering traffic, and two 12-foot wide lanes for left-turning and right-turning exiting traffic. Please confirm that the site driveway will either have a 24-foot wide curb opening or a 36-foot wide curb opening. Please make sure this is shown on the site plans. CONCLUSION VHB has reviewed the traffic impacts study, prepared by DJK, for the 92-unit over-55 community known as Meeting House Commons at Smolak Farms. The traffic study has adequatelyevaluated the impacts of the proposed development with the exception of those P P P P P issues noted above. In summary,the issues outstanding include: ■ Clarify the use of the Community Meeting House as well as the adequacy of the proposed 7 parking spaces to support those uses. ■ Review the stopping sight distance calculations with respect to the updated AASHTO 2000 handbook and present a 45-mile per hour calculation. North Andover Zoning Board of Appeal Page 13 of 13 March 11, 2002 ■ Review and present intersection sight distance calculations. ■ Present accident information for study area roadways and intersections to assure the town that there is no pre-existing safety issue. ■ Consider providing a `fair-share' contribution towards addressing general area traffic issues. The developer should work with the Town to determine this amount that is consistent with other similar agreements between the Town and other developers. Furthermore,a professional traffic engineer certified to practice traffic/civil engineering in the Commonwealth of Massachusetts should stamp the final traffic report. We are scheduled to appear before the Zoning Board on Tuesday, March 12`h, 2002. Thank you for your time and consideration with regard to this matter. Please feel free to contact my office should you have any questions or concerns regarding this application. Sincerely, Hurftess Ass is s,Inc. istia .Huntr Landscape Architect CC: Mr. Thomas Zahoruiko—Tara Leigh Development, LLC. Mr. Timothy Macintosh- Vanasse Hangen Brustlin, Inc. Mr.John Chessia, P.E. —Coler and Colantonio, Inc. �LP^ North Andover Zoning N r Legend «mgr \ \\ rn B Rml Lme(AaiveJ � <_ �RWI Line(Abnndmdt \ - �y�\� ` B BIa��Rien.PCnds,BnwdF.M Rnervoirs I F `� '\ ®�• \\. V l'Biuincss D' 11 Bminess Dhaial I l Bm mD'ntricl3 oe \ Budve¢D'nWn Id Gwmvl Biuvmn D'uuia R + � � I Ind,—Dison] q \ I IndmaielS Diwid ``--���\\\\✓\'`'jf �� % 0.uWwli.l Dlsdn Z ReWdwd.l Diavicl3 t[jResid-W Diwind iF`^ ^ �`% •\ •ll .r \ .: /. 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I Toning Bylaw end h:ound oa the Nosh Maovu �p LVhMSsluN r,.v.,e q:MCW,mrr v.snrW.:necenm:.een I Read Jnsllrence Rate Maps dBtcd JuDe2 1993. —_--_ -- —_—J Ie+vnl 601NuSo.4 N.reHn MA ve�rm mn 1'IHK.,i 1.ebbe d c 4=Jr' I VHB N0.474 P.2 I Transportation Land Development Environmental Services 101 WakutStreet y„Rnaese H=g= R 4c t , Inc. P o.Box gin Watertown,MA 02471.9151 617 924 1770 PAX 617 924 2286 Memorandum To: Robert Nicetta Date: March 11,2002 Building Commissioner/Zoning Officer Town of North Andover Community Development&Services 27 Charles Street North Andover,MA 01845 Project No.: 06716.49 From: Timothy B.M&Uosh,PX, { Re: Comprehensive Perm t Application Robert L.Na 'gt,P. . E E,PTO , Review for Meeting House Commons— William Cotter,P.E., North Andover,MA Delia Kaye Vanasse Hangen Brustlin,Inc.(VHB)has been retained by the North Andover Zoning Board of Appeals(Town)to provide an engineering review for the Meeting House Commons Comprehensive Permit Application. Meeting House Commons is a proposed age restricted residential development located off of Dale Street in the Town of North Andover. VHB has received the following plans and documents to for review: • Site Plan(45 sheets)dated 12-20-01 • Application for a comprehensive permit dated 08/30/01 a List of Exemptions as faxed 12/05/01 • Traffic Impact and Access Study by Dermot j Kelly Associates,Inc. • Stormwater Management,Drainage Calculations and Best Management Practices by MFW Design Consultants,Inc.dated 12-21-01 VHB has received North Andover's Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals. These Rules and Regulations were prepared by Urbelis,Fieldsteel&Bailin,LLP (Town Counsel)and appear to be effective as of March 13,2001. VHB used these Rules and Regulations fox review of the Comprehensive Permit Application. This Comprehensive Permit Application includes many requests for local bylaw exemptions. These exemptions can be requested per the requirements of MGL Chapter 40b. VHB reviewed the Applicant's list of exemptions and summarized the zoning bylaws that this Comprehensive Permit Application does not comply with. This information is provided for the Town's information. pECE W \ � \dots ts\Mso manlrevt.doe MAR 1120 BOARD OF APPEALS MHR.11.2002 3:45PM VHB N0.474 P.3 2 PLAN REVIE{Y The plans,stamped 12/20/01,show 88 proposed units. This is not consistent with the application for special permit(comprehensive permit)which reference 93 units or the traffic information which references 92 units. These sources should be consistent. VHB recommends that prior to the acceptance of the project,the Town have legal counsel review the proposed deed restrictions. Based on the Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals,the following comments note non-conformance with specific sections: 1. 3.01(a) The revised site plan must be stamped and signed by a registered architect. The Plan has been stamped by a Professional Engineer and a Registered Land Surveyor. 2. 3.01(c) Scaled architectural drawings signed by a Registered Architect are required but have not been provided at this time. 3. 3.01.(d) VHB was not able to locate the tabulation of proposed buildings by type and size on the plan. This tabulation should show,type,size,and ground coverage,with summary information as required by this section. 4. 3.02 W As the revised site plan will likely affect the number of requested exceptions,VI B recommends that an updated list of exceptions be prepared for review. 5. 3.01(1) Plans are to be 24"x 36"in size. In additiorti,VHS has reviewed the comprehensive permit application for conformance to the appropriate sections of the 1972 Town of North Andover Zoning Bylaw amended in May 2001. As the applicant has documented specific sections of the Bylaw where exemptions have been requested,VM will summarize the exemptions,but focus this review on applicable sections of the Bylaw,and specific concerns regarding the exemptions requested: 1. Section 4.1.1: The applicant has requested exemptions from this section of the regulations specifically because the proposed multi-family use is not allowed in an R-1 zoning district.. 2. Section 4.136:The applicant has indicated that the proposed project is not within the Watershed Protection district. The Applicant should confirm that the entire site is outside the limits of the Watershed District and if possible show the limits of the Watershed District on the locus plan. It appears that the site is very close to the limits of the Watershed District, 3. Section 4.137: The applicant indicates in the exemption request matrix provided that the performance standards of this section will be complied with. Further review under this section will be covered in the drainage section of the report. 4. Section 4.2 The applicant requests an exemption from the phasing of development section of the zoning by-law. The applicant indicates that the project will be built out within a reasonable time. 5. Section 5: The applicant requests exemption from the soil removal section,and proposes offering a limit of a maximum amount of soil to be removed from the site. This volume had not been specified at the time of the review. 6. Section 5.8 defines the restoration standards for the soil removal section of the Bylaw. The applicant should indicate how the removal section will be left at completion of the soil removal process and also indicate how soon after the operation,the site will be restored. 7. Section 6.0:The applicant has not requested an exemption from this section of the by-law. Details of proposed signing should be provided. s:\osnass\d«e�eapMtS�Mxdo�3ourc•CompIamiR2 nevr.dw ... ...ii.wc.l�. ..r•-�.�ri i vnD NU.4-t/4 H.4 3 S. Section 7.0:The applicant has requested numerous exemptions from this section because the proposed multi-family type complex. 9. VHB recommends that the applicant provide a table on the plans showing the existing,proposed and required zoning setbacks,areas and parking requirements. The information provided in the request of exemption section does not appear complete. 10. The proposed parking space size of 9'x 12'is significantly smaller than the Town standard of 9' x 18'.VHB recommends that the size of the parking space match the Town standard. 11. The proposed location of the community meeting house may make walling to it a challenge for the older members of this community. Parking at the meeting house will also present challenges given the very limited parking availability at the meeting house. 12. Section 8.3:The applicant has requested an exemption from the Site Plan review criteria. 13. Section 8.5:'Lhe applicant has requested an exemption from the requirements of the planned residential development section of the zoning bylaw. 14. Section 8.7:The applicant has requested exemption from the growth management section of the zoning bylaw. This bylaw assures in part that the Town has services available for the development of property. The applicant should confirm that the Town utilities have capacity to accept additional customers at this time. Specifically,capacity analysis should be performed for water,sewer,gas and electric as these services are critical to the health and safety of the community. 15. Section 10,The applicant has requested exemption from the administrative requirements of the Zoning bylaw. 16. Sections 11 and 14:The applicant has requested exemption from Planned Development District and Independent Elderly Housing sections of the zoning bylaw. DRAINAGE ItEVTM VHB has reviewed the drainage design and calculations.The proposed drainage design is a combination of open and closed system that includes catch basins,drain manholes,detention basins with sediment forebay,roadway infiltration trenches and subsurface infiltration systems for roof drainage.VHB offers the following comments regarding the proposed drainage design: 1. Upon review of the postdevelopment drainage area maps,it appears that the subcatchment areas used in the HydroCAD program do not agree with the areas shown on the drainage area map.For instance,according to the description in.the HydroCAD printout,subcatchment area #8 should be labeled as area#7 on the drainage area map.Also,subcatchment area#1 appears to be missing from the drainage map.VHB recommends that ALL subcatchment areas be reviewed on the map and revise the drainage analysis accordingly. 2. According to the post-development routing diagram,POND 2P will be combined with POND 1P at REACH 11R and then flow to POND 200P.WE does not agree with this modeling layout. The Applicant should reroute POND 2P to POND 200P directly with a new REACH and revise the modeling data of REACH 11R to reflect actual swale condition. 3. Storage volume for POND 4P and 5P(Underground detention system)in the HydroCAD printout appears to be overestimated. The Applicant should revise the storage volume to reflect the actual underground detention system capacity. 4. Type 1124 hour rainfall appears to be used in the roadway trench and roof drain infiltration system calculation while Type III 24 hour rainfall was used elsewhere.Why the inconsistency? 5. The 8-inch HDPE from DMH#20(stormceptor)to FBS is flat.VHB recommends that the Applicant revise the FES invert to obtain a slope of 0.5%. 6. For the drainage system on the east side of Building#2,two catch basins appear to be labeled as CB#25.Further,the drainage system starts with a 15-inch HDPE and back to a 12 inch HDPE. VHB recommends that pipe sizing be kept consistent throughout the system. T:\0671649\dOtb\CCnoRs\MeedngHnuseCompPemnit-1 reb7.doc nim,ii.ee rye o•140r-1, vna NV.474-P.5, 4 7. Roadside infiltration trenches have been proposed on both sides of Meetinghouse Road between station 5+00 to 8+00.However,it appears that roadway runoff will infiltrate to the ground without any proper treatment.Based on Standard#1 of the DEP's Stormwater Management Policy,VHB recommends that roadway runoff be treated prior to entering the trench system. 8. A label of'Teaching Basin(TYP)"is shown at station 10+00 on Meetinghouse Road. It is unclear where the leaching basin is proposed.The Applicant should show the complete leaching basin system network(inflow and overflow pipes)and provide a construction detail.VHB recommends that roadway runoff be treated prior to entering the leaching basin.(See previous comment) 9. Upon review of the test pit information,VHB assumes that three of the proposed detention ponds and two of the underground detention systems will operate under the ground water table. The capacity of the detention ponds and underground detention systems will be hindered as a result of the high ground water elevation.If the detention ponds and the underground detention systems do not function as design,the post-development peak flow will exceed the pre-development peak flow and Standard#2 of the DEP's Stormwater Management Policy cannot be met.VHB recommends that additional test pits be performed at the proposed detention pond and the underground detention systems locations to verify VHB's assumption.If high ground water table does exist,the detention pond and the underground detention systems should be redesigned to ensure post-development peak flow does not exceed pre-development peak flow. 10. It appears that the detention,ponds will be a'wet pond'for the majority of the time.VHB recommends that fencing be proposed around the perimeter of the detention pond for safety reasons. 11. The overflow weir appears to be missing from detentfon pond#2- V- The Applicant has submitted the roadway culvert capacity calculation.However,it is unclear which roadway culvert the calculation is referred to The site plans indicate that twin 24-inch RCP culverts are proposed at station 1+75 and twin arch span bridge culverts are proposed at station 6+75 on Cortland Drive.Regardless of the unclear culvert Location,the culvert capacity calculation that was submitted by the Applicant does not provide sufficient fnformation to defi=ine whether the roadway will be overtopped. The Applicant should provide detailed analysis for the proposed roadway culverts.Detailed analysis should include inlet and outlet control calculations,allowable headwater elevation,tailwater elevation and roadway elevation. The Applicant may consider referring to Federal Highway Administration(EWA)Hydraulic Design Series Number 5 for more culvert analysis details. 13. The Applicant has submitted the recharge/storage calculation for roadway trench and roof drain infiltration system.However,the manner in which the recharge rates ane calculated is very confusing and these recharge rates appear to be incorrect.VHO recoaunends that these recharge rates be reviewed by the Applicant and resubmitted for review. 14. The typical roadway sections indicate that no curbing treatment is proposed.VHB recommends that curb treatment be proposed to ensure that roadway runoff is properly captured by the catch basin.Also,curbing treatment can prevent excessive erosion at the edge of travel way. 15. No capacity calculations for the"Biofilter"swale and grass treatment swale have been submitted for review. 16. There does not appear to be an easement for the proposed detention pond 1,2 and 3.Drainage easements must be provided for future maintenance purposes.Further,there does not appear to be adequate access for maintenance of the detention ponds. 17. As there is evidence that suggests the presence of a high ground water table,VHB recommends that the roadway typical section be revised to include a roadside ditch in a cut section The roadside ditch will capture overland flow and any potential ground water seeping out of sloped before it reaches the roadway surface. VHB also recommends that subdrains be proposed to further control ground water. T\0671609\doa�eporn\MeeenSF3ou�eComppetLllF1[Cvl.da 1'Irtl4.ll.cYJCIc .3•µrri•� vh'1G NO.4 f4 H.b 5 STANDARD BNGINEMNG PRACTICE VHB has reviewed the site plans for conformance to standard engineering practices,The purpose is to document the engineering issues and potential construction issues associated with this development. VHB offers the following comments related to vehicular safety,pedestrian safety and potential construction issues: I. Vehicle turning movements for passenger vehicles and single unit vehicles(indicative of a single unit fire truck)were checked.Upon review of the revised site plan,it appears that single unit vehicles will have difficulty accessing some building locations and parking areas. Passenger vehicles may also difficulty accessing driveways(for example,entering the driveway for unit 21). 2.' VHB recommends that locations of the proposed wheelchair ramps be identified on the site plans. Further,VHB recommends that a continuous accessible route be provided within the site to accommodate handicap people. 3. The location of snow disposal areas have not been identified on the plan. The Applicant should refer to the Snow Disposal Guidelines issued by DEP for snow disposal location requirements. Ideal snow storage locations are away from wetland areas. 4. How is solid waste to be removed from the site? S. The applicant's engineer should provide minimum design standards for the roads in the proposed subdivision. Minimum site distances,horizontal curve radii,minimum k values and design speeds should be provided. There are sections of the proposed road that show vertical alignments with k values of as low as 135. Such a k value is only appropriate at a very low design speed. These calculations should be completed and stamped and signed by a professional engineer. 6. The proposed 4'sidewalk does not appear to meet the requirements of the ADA and AAB. The design engineer should review passing spaces required and maximum moss slopes. Please note that the construction tolerances allowed under the ADA and AAB are very limited. 9. The proposed meeting house does not show any handicap access parking spaces. The number of spaces should also be considered. The proposed project is a senior community. Many of the grades on the roadway and associated walks are relatively steep. Additionally, the location of the proposed meetinghouse may incline residents to drive to a function rather than walk. 8. The plans show parldng spaces of typical dimensions 948': The backup material references 9'x12'. Please clarify which dimension is to be used. 9. The property lines at the intersection of streets should be rounded,as is the town standard. 10. The project parcel is listed as 32.02 Ac.,however the area of the two lots comprising the proposed lot add to 40.30 Ac. Please explain how the area was determined. 11. The utility plans show the sewer services passing under some roof infiltrator units,this will make the future repair of sewer services difficult. 12. Drainage and water should be shown on the profile plans. 13. Some section of sewer plans show proposed depth of cover to be more than typically provided fat when using PVC pipe. Please address the structural capacity of the proposed PVC or consider another material 14. Details for picket fence have been provided,yet the location of the picket fence to be installed is not clear. Care should be given where the installation of a fence could impact site distance. 15. The proposed cross section does not show a berm section. This may make the channeling of runoff difficult,particularly when considering the potential damage plowing the road may cause to the grass plots. S:\0911609\does\mpesti\Maea�House-C'.empPetmibl rcvl.doc 1'IMK.11.Ct7rJG .� 4 e rri V Hb N0.474 P.7 6 16. More detailed information is required for material specification. The applicant should provide a note stating where the specification for the proposed material may be found. Any non-standard materials should be specified separately. 17. If the pedestrian bridge is designed by a professional engineer,design calculations should be provided. Why was a railing not shown on the bzidge? Does the bridge meet ADA/AAB requirements? I& Did the engineer complete pavement calculations for the proposed pavement structure? 19. Ten percent is a relatively steep slope for a driveway in a senior community. 20. Structural calculations should be provided for the twin culverts and the proposed twin 24" culverts. 21. Can the angle of the intersection of Cortland and Meetinghouse be designed to be closer to 90 degrees? 22. Is guardrail to be used anywhere on the proposed project. If yes,VHB recommends that details be provided. 23. There appears to be a potential sight distance problem on Cortland Drive in the vicinity of sta 19+00 VHB recommends that the applicant investigate. 24. Are the detention facilities to be fenced? VHB recommends that detention basins be fenced for safety purposes. 25. The proposed sewer below the proposed culverts will be difficult to maintain should access to it be needed. 26. Level areas should be provided at intersections. ENVIRONMENTAL REV= This review is for the Comprehensive Permit Application and therefore does not include an evaluation of the project's compliance with the NACC Wetlands Bylaw.VHB presumes that wetland boundaries and resource area types shown on the plans are accurate since we did not perform a field inspection.Reviewed materials include: NOI dated December 28,2001.Prepared by Epsilon Associates ➢ Site Development Plans dated December 3,2001,stamped December 20,2001.Prepared by MHT Design Consultants,Inc. NOI review for the North Andover Conservation Commission dated January 16,2002. Prepared by Seekamp Environmental Consulting,Inc. agiw R ecf Sfatus Under the Wetlands Protection Act Regulations,the roadway portion of the project can be reviewed under limited project status. ➢ In accordance with 310 CMR 1053(3)(e),the NOI should provide information that the road is not wider or longer than the minimum legal standards required by the North Andover Planning Board.If the minimum legal cross section required by the Planming Board is less than the proposed 31-foot cross section,the roadway cross section should be reduced to minimize wetland impacts. Work in Wetlmd Resource Areas Bordering Vegetated Wetland Work within Bordering Vegetated Wetland(BVW)should be avoided and minimized to the greatest extent practicable.Where impacts are unavoidable,the applicant is required to mitigate adverse impacts.Although the applicant is providing mitigation at slightly greater than 2;1,the NOI should include more information on avoidance and minimization. 1'\"nU9\d«e\repmts\MeeftHou*4ompPmlt-I revl doc r+r[.t 1.cereic 0.4tSrrl vrib NO.474 P.S 7 ➢ An alternatives analysis for the twin arch culverts at Wetland Impact Area 1 should be provided that includes reasons why a longer span is not practicable.This is required under 314 CMR 9.00.The project is subject to this regulation as it is a real estate subdivision. ➢ No information is provided for the existing culverts under Meetinghouse Road and it is difficult to assess whether there will be any hydrological changes to project-area wetlands from the proposed crossings. ➢ An existing culvert at Station 5+00 that connects Wetland I and Wetland 4 is described on Page 8 but does not appear on the plans.No culvert is proposed,which may adversely affect the hydrology of Wetland 4. ➢ In addition to concrete retaining walls and riprap slopes,use of mechanically stabilized earth slopes and other.forms of bioengineered slope treatments should be considered. Isolated Land Subject to Flooding Although Wetlands 1 and 7 are not Certified Vernal Fools(CVPs),the Applicant has determined that the wetlands qualify as vernal pools,based on the presence of obligate vernal pool species,a confined basin,and no outlet.Although there are no state requirements to regulate the nSF as vernal pool habitat(because the pools are not certified by the state),the vernal pool species currently using Wetland 7 for breeding are unlikely to survive following construction of the proposed design. The proposed roadway encircles the vernal pool,and it is expected that amphibians will continue to attempt to access the breeding pool and will experience cumulative mortality from vehicles during spring breeding migration and juvenile migration in the late summer/fall.Development in the vicinity of the vernal pool in Wetland 1 is not expected to adversely affect vernal pool species. ➢ The applicant should provide documentation determining whether the proposed development will adversely affect the vernal pool habitat. If it is determined that there will be an adverse effect,the applicant should provide mitigation measures to ensure access to and from the vernal pool in Wetland 7 ➢ We would not recommend altering any additional upland to provide additional breeding habitat at either vernal pool The remaining forested upland is likely to provide necessary non-breeding habitat for the vernal pool species currently found at the site. ➢ Isolated Land Subject to Flooding(ILSF)does not appear to be mapped correctly on the plans.It appears that the elevation of 1525 feet was not determined using hydrologic calculations because spot elevations inside the ILSF boundary are shown as 152.2 and 152.9 feet..The limit of ILSF could be substantially upgradient of the boundary shown on the ply. Wetland Rep1dcemmt Area D The NOI should provide information on which of the statutory interests are being created by the replacement wetland area.This information is necessary to successfully monitor the replacement area. ➢ The wetland construction should be overseen by a qualified wetland scientist. D A planting plan should be provided in the NOI plans that specifies planting cells or clusters that can be used by the scientist overseeing the wetland constructiorL ➢ "Organic soil"on page 23 of the NOI should be defined for use by the Contractor. ➢ The altered wetland consists primarily of forested wetland(described on Page 7),and the replaced wetland is proposed as a shrub wetland.The structure of the replaced wetland should mimic the altered wetland.Shue 2.1 mitigation is proposed,half the replacement wetland could be planted with shrub species,and half could be planted with tree species, which may provide enhance wildlife value by increasing habitat diversity. (We agree with the comments made by Seekamp that Ctethra abeifolia is aggressive and a substitute should be selected). A Existing wetland elevations at the road crossing are not shown consistently(144.2 feet and 144.6 feet). 2:\�T1649\docs\repa�eVM;ceein�F�oustCeapPer6ta]eevt.da 11.dune -I=e4yri1 VHB NO.474 P.9 S D With no spot elevations into the existing wetland adjacent to the replacement area,it is unclear whether the proposed grades in the replacement area will provide appropriate hydrology for the proposed replacement area.If the existing wetland edge elevation is 142 feet,it is possible that grading the bottom elevation of the proposed wetland to 139.5 feet will create a ponded area that will not support the proposed shrub plantings. Information from Test Pit 2 was unavailable to review,and it is therefore difficult to assess whether appropriate hydrology will be achieved. TRAFFIC REVIEW VHB has performed a review of the Traffic Impact Shtdy—Proposed Residential Development for a proposed eighty-eight unit residential subdivision to be called Meeting House Commons at Smolak Farms located off of Dale Street in North Andover,Massachusetts. Dermot J.Kelly Associates,Inc (DJK)submitted the traffic impact study. VHB reviewed the entire report for safety issues,access and egress issues,and reviewed technical calculations and findings presented in the report. In general,the report has been prepared in a professional manner and conforms to traffic engineering industry standards. ftposal The description of the project notes the 88 units of over-55 housing. However a review of the site plan noted that there is a Community Meeting House on the site. What types of activities might take place in this facility? Are the 9 parking spaces shown adjacent to the building adequate to support these activities? Study Area-It appears that the study area includes the site driveways as well as one intersection to the east. How was the study area selected? Was the study area discussed/confirmed with the Town of North Andover prior to preparation of the study? Fxl_ahg Candition� DJK performed a thorough evaluation of the existing conditions in the vicinity of the project site. Vehicle Speeds and Sight Distance—VHB visited the area to gain an understanding of the existing roadway configurations. During our site visit,VHB noted that maximum speeds along certain areas along Dale Road slightly exceeded 40 mph.The information presented in the report notes that vehicle speeds ranged between 30 and 40 mph. For the purposes of calculating driveway sight distance requirements,VHB recommends that the 40 mph speed be utilized. Given that this is an elderly housing facility where perception and reaction times for some of tate residents might be slower than the general population,some conservative calculations—such as using a 45 mph speed— would also be helpful in assuring that the sight distance calculations are adequate and conservative. There are two types of sight distance that relate to site driveway conditions. The first sight distance is Stopping Sight Distance(SSD). SSD is the minimum distance required for a driver to detect something in the roadway,react(apply the brake),and stop prior to hitting the obstacle. This would be the case of a driver along Dale Road seeing another driver pull out of the site driveway(without yielding to the traffic on the main road)and being able to stop prior to colliding with that vehicle. The second application of sight distance is called Intersection Sight Distance(ISD),which is the distance required for a driver pulling out of a site driveway(from a stopped position)to detect a gap in the Dale Road traffic stream and be able to accelerate onto the roadway without causing drivers along Dale Road to slow down by any significant amount. T.dos/16��aeea�sepoe�s�MeeAngHou�aCompp�mi��revLao; L - - IIV.4r4 r.1k7�__ 9 The table below summarizes the required sight distances for given speeds.This information is based on tables and calculations presented in the AASHTO—Geometric Design of Highways and Streets 2001, 46,edition. Sight Distance Requirements based on 2001 AASHTO Handbook Design Speed SSD ISD(left turn) ISD(right tum) 35 mph 250 ft 390 ft 335 ft 40 mph 305 ft 445 it 385 ft 45 mph 360 ft 500 ft 430 ft In the report,DJK measured the sight distances at all site drive locations,however the ISli measurements were not provided, Furthermore,the SSD measurements presented in the report appear to be accurate(assuming the vegetation trimming as recommended in the report are administered),but the measurements are based on the 1990 version of the AASHTO handbook. The applicant should re-evaluate the adequacy of the observed SSD in relation to the most recent version of AASHTO as well as review and present ISD measurements for review. If the measurements appear deficient,the applicant should present recommendations to address this issue. Accident Information—It would be helpful from a reviewing standpoint to determine if any accident issues are present in the vicinity of the site. Has the applicant gathered this information and,if so, what are the results? If not,we suggest that accident records along Dale Road and other study area locations be collected and presented to highlight that there are no pre-existing safety issues that might be exacerbated by the additional traffic to be generated by the proposed project. Future Conditi ns Traffic Generatim—VHB commends the applicant for utdi-ang the higher traffic generation rates based on empirical data. Over time,the ITE data presented.in Trip Generation has been determined to be historically lower than actual traffic generation rates. The volumes used in the preparation of the report are,therefore,acceptable. Trip Distribution—The traffic generated for the development was distributed onto the area roadways based on observed traffic patterns. While VIM might have selected a slightly different distribution patte n,the basis behind DJK's analysis is valid. Therefore,there is no significant issue with the Trip Distribution patterns selected for this project. Mlbgad=and Recommendations(from the Executive Summar It appears that off-site mitigation measures have not been proposed in the DJK report because the project's impacts do not cause any study area intersections to drop from an acceptable level of service to a deficient level of service- Although the project is relatively uunor with respect to the area traffic volumes in general,the additional traffic to be generated by the proposed project will only serve to increase traffic in the area. The developer should continue to work with the Town to develop a mitigation package that considers a'fair share'contribution to any roadway improvements being considered in the vicinity of the project. Also,just to clarify,the site drive is described as being 24-feet wide,with one 12-foot wide lane for entering traffic,and two 12-foot wide lanes for left turning and right-turning exiting traffic. Please confirm that the site driveway will either have a 24-foot wide curb opening or a 36-foot wide curb opening. Please make sure this is shown on the site plans. is\0671649\docs\eepoetsVkcangHousaCompraaui nvidot MH?.11.;:We 3:5©PM VHB NQ.474 P.11 10 Conclusion VHS has reviewed the traffic impacts study,prepared by DJK,for the 92-unit over-5S community known as Meeting House Commons at Smolak Farms. The traffic study has adequately evaluated the impacts of the proposed development with the exception of those issues noted above. In summary,the issues outstanding include, • Clarify the use of the Community Meeting House as well as the adequacy of the proposed 7 parking spaces to support those uses. • Review the stopping sight distance calculations with respect to the updated AASHTO 20M handbook and present a 45-mile per hour calculation Review and present intersection sight distance calculations. • Present accident infonuation for study area roadways and intersections to assure the town that there is no pre-existing safety issue. • Consider providing a'fair-share'contribution towards addressing general area traffic issues. The developer should work with the Town to determine this amount that is consistent with other similar agreements between the Town and other developers. Furthermore,a professional traffic engineer certified to practice traffic/civil engineering in the Commonwealth of Massachusetts should stamp the final traffic report: It is recommended that the applicant provide WRITTEN RESPONSES to the issues and comments contained herein T.�o6716a9�a«s�epeans\MeeEe�HaaaPComgPes�Nr•1 mv'Ldoc Town of North Andover °f No RT►q ,ti Office of the Zoning Board of Appeals 2 '`;° "��`°°A Community Development and Services Division Heidi Griffin, Division Director � � • 27 Charles Street sS�C U D. Robert Nicetta p ( )978 hone North Andover, Massachusetts 01845 Tele 688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: FAX NUMBER: 7 �b Oo )LI FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: 4ya Ve Lmtv C e- �le NUMBER OF PAGES: REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Notice of Decision Year 2002 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the town clerk. Property at: South Bradford Street NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 185 Hickory Hill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street North Andover,MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road,North Andover, Massachusetts. This application was originally for 93 housing units (later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 ; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/-1, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14/02 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/20/01 (Sheets 37-38) Voting in favor were Robert Ford, John Pallone, Ellen McIntyre, and George Earley. t v' `P K 01 The 20 page complete Decision with the 10 findings of fact, 61 conditions(30 . aivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North over, Massachusetts and can be viewed during normal office hours. Town of North Andover Board of Appeals Robert P. Ford, Acting Chairman Decision2001-033 i w DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS, LLC 185 HICKORY HILL ROAD NORTH ANDOVER, MA 01845 PETITION NO. 2001-033 THE PROJECT The applicant, Meetinghouse Commons, LLC (the"Applicant" or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23,to construct 88 units of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units, the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least one person who is age 55 or older. PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on August 30, 2001. The Town of North Andover Zoning Board of Appeals, after publication in Lawrence Eagle-Tribune on September 25, 2001 and October 2, 2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16, 2001 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845 (the"Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only), January 15, 2002 (continuance only), February 12, 2002 (continuance only), March 12, 2002, April 9, 2002 and April 24, 2002 at the Senior Center. North Andover Zoning Board of Appeals members present at all sessions of the public hearing on this application were Robert Ford, John Pallone, George Earley and Ellen McIntyre. During various sessions of the public hearing, Meetinghouse Commons, LLC was represented by the following: Thomas Zahoruiko, Manager of Meetinghouse Commons, LLC, 185 Hickory Hill Road, North Andover, MA, Brian C. Levey, Esq., Bowditch&Dewey, LLP, 161 Worcester Road, Framingham, MA 01701, Dermott J. Kelly, Dermott J. Kelly Associates, Inc., Two Dundee Park, Suite 301, Andover, MA 01801, Christian C. Huntress, Huntress Associates, 17 Tewksbury Street, Andover, MA 01801, Mark Gross, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, NH 03079 and Michael Howard, Epsilon Associates, Inc., 150 Main Street, P.O. Box 700, Maynard, MA 01754. The public hearing was closed on April 24, 2002. GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include, but are not limited to,the following materials that are on file at the Office of the North Andover Zoning Board of Appeals: 1. Traffic Impact &Access Study, Proposed Residential Development Project, Dale Street, North Andover, MA, prepared by D.J. Kelly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March, 2002); 2. Fiscal Impact Analysis prepared by Meetinghouse Commons, LLC for the North Andover Zoning Board of Appeals dated December 4, 2001; 3. Stormwater Management and Drainage Analysis prepared by MHF Consultants, Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 5. No-Cut Buffer Restriction; 6. Conservation Commission Order of Conditions dated March 27, 2001; and 7. Certified list of Abutters. The Applicant submitted plans prepared by Huntress Associates, Inc., MHF Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning Board of Appeals with the Comprehensive Permit application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department, the North Andover Fire Department,the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards,the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the plans is April 17, 2002. As a result of numerous revisions, all issues raised by Town boards and agencies have been addressed by the Applicant. Prior to the close of the public hearing, the North Andover Zoning Board of Appeals received and considered written communications from Meetinghouse Commons, consultants to Meetinghouse Commons, Town boards and agencies, the Zoning Board of Appeals' outside consultant and various residents of North Andover. In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained I anasse Hangen Brustlin, Inc. ("VHB")to provide a technical review of the Applicant's application, plans and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The Applicant has satisfactorily addressed the issues raised by the consultant and, where appropriate, has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on Dale Street. The land is currently undeveloped. The 88 residential units (including 22 affordable units)will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal, rubbish removal, recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Farm Realty Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex North Registry of Deeds in Book 6333, Page 359, see also deed recorded in Book 1467, Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The site is also identified on the Town of North Andover Assessor's Map 104C as Lot 28 and a portion of Lot 31. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with an office in Salem, Massachusetts. Salem Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the decision by the Massachusetts Housing Appeals Committee and Stuborn Limited Partnership v. Barnstable Board of Appeals, No. 98-01 (March 5, 1999), the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents, Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. The Applicant has selected Citizens Housing and Planning Association(CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA, then it will secure an agreement with another non-profit or public entity for such purpose. SPECIFIC FINDINGS OF FACT 1. The Applicant. The applicant, Meetinghouse Commons, LLC, is a"limited dividend organization" as that term is used in Massachusetts General Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since (a) it is a limited dividend organization, (b)the project is fundable by the Federal Home Loan Bank of Boston's (FHLBB)New England Fund through a participating lender, and (c) has site control as that term is used in 760 CMR 31.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner, H. Michal Smolak, Jr. as Trustee of the Smolak Farm Realty Trust. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met any of the statutory minima set forth in Massachusetts General Laws chapter 40B, § 20 or 760 C.M.R. 31.04. 3. The Project. The project, as shown on the final plans, consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as"Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent (25%)of the units or 22 units will be "low or moderate income housing"as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. Support by Town Board and Agencies. During the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department, Fire Department, Conservation Commission, Planning Board, and Board of Health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local Needs. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. DECISION Based on the above findings, on April 24, 2002,the North Andover Zoning Board of Appeals voted unanimously(4-0) to grant Meetinghouse Commons a Comprehensive Permit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMIT CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the "Board") and referenced below(the "Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1-45 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810; MI-IF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Original Date: July 20, 2001 Final revision date: April 17, 2002 3. The Plans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of Land (Sheet 3A) showing the lot for the Project. The Building Commissioner shall make the determination whether any proposed change is substantial. 4. The project shall consist of eighty-eight (88) units, a community center building in accordance with the Plans (the "Project"). Twenty-five percent (25%)of the eighty-eight (88)units or twenty-two (22) units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight (48)residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction, Meetinghouse Commons, LLC (MHC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities in the portion of South Bradford Street south of the Project. MHC shall submit to the Building Commissioner a certified copy of the recorded document. Affordable Housing 10. The sale and resale of twenty-five percent (25%)of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty(30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law,the Deed Rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than ninety- nine (99) years. Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund(NEF) as administered by the Federal Home Loan Bank of Boston(FHLBB) by and through the actual financing bank(Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25%of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20%of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. 16. Prior to the issuance of a building permit,the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units(the"Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process;provided, however, that in no case shall local preference be granted for more than seventy percent (70%)of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association(CHAPA) to monitor the Project. If, for any reason, MHC is unable to retain CHAPA,then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a Master Deed and Condominium Trust for the Project (the "Condominium Documents") which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the"Qualified Occupant");provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the "Age Restriction") so long as the provisions of the Housing Laws(defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy, provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s)that is not less restrictive than the following: Any lease or rental of a unit by a unit owner,other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6) months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; E A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall incorporate the items(a)through(0 above and further provide that in no event shall an affordable unit be rented at market rate 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including, but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s)of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Miti ag tion 33. There will be one driveway to and from the site located on what is commonly known as South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway(representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three (3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three(3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction, MHC will post a bond or security in the amount to be determined by the DPW, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further, MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans(with any revisions necessitated by this decision)which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction, MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit, MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty(60) days of said submission. 50. Prior to obtaining a building permit, MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Pians. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules, regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including, but not limited to,the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00,the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection(DEP) Stormwater Management Policy. 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof, not including such time required to either(1) pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. EXHIBIT 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts, Meetinghouse Commons, LLC seeks and the Board hereby grants the exemptions from or waiver of all local by-laws, rules, regulations, permits and approvals, set forth below: I. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Proposed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning B. Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8,Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land, buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house Summary of Use (containing an exercise Regulations, table attached area, conference meeting ("Use Table"). rooms, kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling, but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain), regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. re uested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. III. North Andover Subdivision Rules and Regulations Local Re ul� Required Proposed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts (November, 2000 IV. North Andover Board of Health Re ulation Local Regulation Re uired Pro osed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Required Proposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes (Condition S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes (Condition S) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes (Condition S) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height Max(ft) 35 65 Street Frontage Min. ft 175 60 Front Set-Back Min. ft 30 30 Side Set-Back 5 Where Min. (ft) 30 property abuts Town forest. Rear Set-Back 5 Where Min. (ft) 30 property abuts Town forest. Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A r �.s�, �i ���d5 4 x ,-..�� ndn• -I a, m, jf 14Al r.r4�.4 `a ��3thai L 3 S = i � 9. "• ` I11c�'i '�Y NNW y,.,F"s-. } ge•.r�{s,,,».r,,.. ... � n ;� �+'y�'."JCi T j.6.a�. .r,'.. -_'_' - � 1 `� �7 J a► Ams 4 Pm U.S.POST"t NORTH ANDOVER ZONING BOARD 27 CHARLES STREET jL NORTH ANDOVER MA 01845 n 0 METER 446491 Fq John E. & Mary Vippt e 259 Dale Street G North Andover, MA C" 1-7 jUN 112002 BOARD OF APPEALS i Ei a R- + i 2 Town of North Andover f N°RTH O tt�eo i°ql� Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street '` °.•_---�•, North Andover,Massachusetts 01845 9SsacHus�t D. Robert Nicetta Telephone(978)688-9541 Barilding Commissioner Fax(978)688-9542 c=� L, Notice of Decision --A Year 2002 -i o M`-'M Any appeal shall be filed within i 2!n M Fri (20) days after the date of filing of w �> this notice in the office of the town D o�v rn � clerk. �x Property d o Street at: South Bradford E5 .. --ti NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 cin 185 Hickory Hill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street North Andover,MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road,North Andover, Massachusetts. This application was originally for 93 housing units (later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which.25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 ; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/-1, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14/02 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27;31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/20/01 (Sheets 37-38) Voting in favor were Robert Ford, John Pallone, Ellen McIntyre, and George Earley. The 20 page complete Decision with the 10 findings of fact, 61 conditions, 30 waivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North Andover, Massachusetts and can be viewed during normal office hours. Town of North Andover Board of Appeals 4 Robert P. Ford, Acting Chairman Decision2001-033 i ' _..-_-.__ _ v_ _ .._. .__ . ..._ - ._ - .-, - __. _._ _ ...ate-_ ...- -_.,. ._ -�� - - - - _ ._ - ..---,..` �-•, �.-'--� ---C"�*`1 �./" - Town of North Andover ���-E SSFP B. Zoning Board of Appeals Baa P�4 P 27 Charles Street ti > !.s.POSTIAG _ s North Andover MA 01845 2104'02 Q onYle �y H METER 446451 � �OT�EUADD VERABL I White Birch C struction, Inc. 380 Essex Stree \ �� V JUN 10 2002 a BOAjkD OF APPEALS Town of North Andover F NoerN O ���eo ib'9.40 Office of the Zoning Board of Appeals p Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 oA�noCHusEs D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 C� Notice of Decision ---i< . Year 2002 -+oM Any appeal shall be filed within (20) days after the date of filing of W r,-)CD -- this notice in the office of the town D o M CD o clerk. V i Property at: South Bradford Street NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 Cn 185 Hickory Fill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street r North Andover,MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts. This application was originally for 93 housing units(later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "'affordable-, located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 I I BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.ANNNING 688-9535 i Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 ; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/-1, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14/02 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/20/01 (Sheets 37-38) Voting in favor were Robert Ford, John Pallone, Ellen McIntyre, and George Earley. The 20 page complete Decision with the 10 findings of fact, 61 conditions, 30 waivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North Andover, Massachusetts and can be viewed during normal office hours. i Town of North Andover Board of Appeals "1 i I Robert P. Ford, Acting Chairman Decision2001-033 `d + �� o�; _ �, ,� h o��( i�� �,� --�_ -�-� URBELIS&FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS Telephone 617-338-2200 Andover e-mail tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 November 15, 2004 Board of Appeals North Andover Town Offices 400 Osgood Street North Andover, MA 01845 RE: MEETINGHOUSE COMMON Dear Members of the Board: At Bob Nicetta's request, I am writing with my comments about Attorney John Smolak's October 27, 2004 letter to me and the attachments included therein. The Board was copied on the letter. The provisions of the revised Regulatory Agreement and Deed Rider submitted by the applicant provide that if an eligible purchaser cannot be found for an Affordable Unit, the Seller may sell at a Maximum Resale Price (as set by the Monitoring Agent) and the affordability of each Affordable Unit will be preserved each time that subsequent resale of the affordable unit occurs during the period of affordability specified in the Board's Comprehensive Permit The Property sold to an Ineligible Purchaser shall be subject to the continuing obligations and restrictions contained in the deed rider, so that when the Property is resold by the Ineligible Purchaser, the sale procedure outlined in the Deed Rider must be followed by the selling Ineligible Purchaser, with the Town's right of first refusal still existing and the restriction of the sale being to an eligible purchaser. The deed to the Ineligible Purchaser shall clearly state that the Property is being conveyed subject to the deed rider. Under these proposed circumstances, I do not know if there is a period of time in which DHCD removes the unit from the calculation of whether the Town has reached the 10%threshold of affordable units. These revised documents also add a new requirement, in Section 2(b) of the Deed Rider that the Town's chief elected official execute and deliver compliance certificates in accordance with the terms of the Deed Rider. My assumption is that DHCD contemplates that for North Andover the person is the chair of the Board of Selectmen. pEC � YE D NOV 1 7 2004 s:\wp5l\work\n-andove\corresp\appeals.ltr-meetinghouse.doc BOARD OF APPEALS URBELIS&FIELDSTEEL, LLP ' November 15, 2004 Page 2 The Deed Rider also provides in Sections 4(b) and 5(a) that in the event of a foreclosure, if the property is sold for a price in excess of the greater of(1) the mortgage note, interest and costs and expenses and(2) the Maximum Resale Price, the excess (if any) is paid to the Town and the affordability restrictions of the unit are lost forever. Therefore, in effect, if an owner, for whatever reason, does not pay the mortgage and if there is a foreclosure, the affordability of that interest is lost. With regard to these revised documents, and when comparing their provisions with the affordability requirements of the comprehensive permit, it is your determination to make as to whether(1) the applicant must file for a modification of the decision or(2) the proposed documents must be revised by the applicant or(3)the documents represent an "insubstantial change"of your decision and therefore are acceptable. I have not received the DHCD approval letter referenced on the second page of Attorney Smolak's letter dated October 27, 2004 with regard to G. L. Chapter 184, in accordance with Paragraphs 11 and 12 of the Comprehensive Permit Decision. Therefore, I can offer no comment on that issue at this time. Please call if you have any questions. Very truly yours, Thomas J. rbelis TJU/lah cc: Board of Selectmen Heidi Griffin D. Robert Nicetta Mark Rees John Smolak, Esq. � - I �- � D Z 0 N 1 Town of North Andover y°RTjj °f i''• Office of the Zoning Board of Appeals o - Community Development and Services Division n Heidi Griffin,Division Director -�--- " 27 Charles Street North Andover,Massachusetts 01845 978 Telephone D. Robert Nicetta p ( )688-9541 Building Commissioner Fax(978)688-9542 1- �� ►Z ; 2 Date: '��� Z00 �R. TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Please be.advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: Sout1\$e��'ee5 0 Q� (e.S1' �e_'fi SnMJA'�GrNI TOWN: —NI-)RT-0 NDUU M A I .MEETING DATE(S): �6 - \Z 2002,_ cpm' nue �` o► PA (2, zoo?. fAvYNAME OFPETITION6: h �1S LLe J Signed: (T),o nAc S D .Za �o fu , P ITIONER (or Petitioner's Repr entative) f waivetime=12/o1 OFEB 12 2002 BOARD OF APPEALS BOARD OF APPEALS 688.9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t F"EB.12.2002 9:37AM VHB NO.276 P.1 Transporiaiion Sana ue9vetoprneni Ca r lr..ar. 1iS1 wa!n t'St?4?t YLl12L�Csf' H22A$EYL 13?"idC7LZfZ� 1�ZG_ r3o�vasavcw�yiJJ Watertown Nassachusetts 02672 6179241770 FAX 617 924 2286 FAX Transmifiai Deliver To: Robert Nicetta From: Timothy B.McIntosh,P.E. Building Commissioner Company. Town of North Andover VKB ProjwtNo.: 06916.49 TeiephoneNo.: 978-688-9 FAX No.: 97-8-68&95Q t?rtSMI of Telecopy. Yv ill be sent on 02-11-02 Date and Ti.-te: 021,41-02 Total Number of Pages(lndudng Tra*�4.tittal Anm)- e) RE: Comprehensive Permit Application Review Meeting House Commons ;v.,-- t Ando-ver,NI Bob, Piease find enclosed a"1Draft-review report for the above project This draft report includes VHB`s comments on the Applicants traffic study. rhe progress repose also includes preliminary comments on the plan relating to safety,access/egress and standard engineering practice. Y'r1B vv-M be V'eeking on the rCe11U kider of u e engineering ren nie 1has week and hope to turalue our report early next week or at your co renience, Please call me if you have any questions Tim J N r -_8 12 2002 I I I I V A2R\ ,BOARD OF APPEALS FEB.12.2002 9:37AM VHB N0.276 P.2 B1 Cd L 16 Transportation Land Development Environmental $ 0 r v I C 0 8 lm Wal—Wat%e4-t Vawa se Ra �hzc. P.O.BoX9151 WatertowzL MA 02471-9151 617 924 1970 FAX 617 924 2286 Memorandum Ta Robeert Nicetta Date: February 11,2002 Building Commissioner/Zoning Officer Town of North Andover Community Development&Services 27 Charles Street Borth Andover,MA 018 F`kgect No.: 06716.49 Re= Ti ethy B.Mc f:tosh,P.E., Re: Co-- Permit Application Robert L.Nab,P.E.,PTQE, Revieu,for Yfeetk:g 174o+:se Commons- William Cotter,FF.E.- North Andover,MA t *M=asse i Tangen Bi dstlln,Inc.%ii F.El has been retainad by he N'zrffi Andover Office of Cn'mznurdb IIeveIorm►ent-Building Department(Town)to provide an engineering re:hew for the Meeting House Commons Co3:prehensive Permit Application. Tweeting House Commons is a propo5ed age restricted residenflal development located off of Dale Street in the Town of North.Andover. ViB has received the following plans and documents to for review. • Site Plan(45 sheets)dated 12-03-01 z • Application for a comprehensive permit with dated received 09-11-01 dated 08/30/01 • List of Exemptions as faxed 12/05/01 • Traffic Impact and Access Study by Dermot J.Kelly Associates,Inc. • $to mwater IMw.agemert,Dra.Lnage Caked„tions and Best IMuiagement Practices b r Its Design Consultants,Inc. v rIS has received North Andover's Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals, These Rules and Regulations were prepared by Urbeiis,Fieldsteel os Bailin,LLi C,o,vic Counsel)and appear to be eff ective as of March 13,2031. VHB used these Rules and . p---gulations for reviiew of the Comprel-&r&ve permit Applkatioiu This Comprehensive Permit Application includes many requests for local bylaw exemptions. These exemptions can be requested per the requirements of MGL Chapter 40b. 'VUR-reviewed the Applicants list of exemptions and summarized the zoning bylaws that this Comprehensive Permit Application does not comply with. i his information is provided for the Town's information. ��rrnwnat�M�osn�as�am:�eya�avrxan�rws�Comp�e�tei nvi.aoc FEB.12.2002 9:37AM VHB N0.276 P.3 2 Draft PLAN REVIEW The plans,stamped 12/20/01.,show 38 proposed its This is not consistent with the application for special permit(comprehensive permit)which.reference 93 units or the ixafhc inf_ormationwbich references 92 units, 'These sources should be consistent. %tHB--cc n—nTC'Rds.that prior to th o acceptance of the project,the Town have legal counsel review the prssp d-.3 ad restrictions. Based on the Comprehensive Permit Rules and Regulations of the;coning Board of Appeals,the following comments note non-conformance with specific sections: 1. 3.01(a) The revised site plan must be stamped and signed by a registered architect. The Plan has been stamped by a Professional Engineer and a Registered Land Surveyor. 2. 3.01(c) Scaled architectural drawings signed by a Registered Architect are required but have not been provided at this time. 3. 3.01(d) VHB was not able to locate the tabulation of proposed bluildings by type and size on the plan This tabulation should show,type,size,and ground coverage,with summary informatics as required by this section. 4. 3.01(h) As the revised site plan will likely affect the number of requested exceptions,VHB recommends that an updated list of exceptions be prepared for review. 5. 3.01(1) Plam are to be 24"z 36"in size, in addition,VIM has reviewed the comprehensive permit application for conformance to the appropriate sectionsof the 1372 Town of North Andover Zoning Bylaw amended in May 2001. As the applicant has documented specific sections of the Bylaw where exemptions have been requested,VHB will run,maria the exeznytions,but 1610clshis review on applicable sections of the Bylaw,and specific concerns regarding t/;:exemptions requested: 1. Section 4.1.1 The applicant has requested exemptions from this section of the regulations specifically because the proposed multi-family use is not allowed in an R-1 zoning district. 2.. Section 4.136 The applicant has indicated that the proposed project is not within the Watershed Protection district. Please have the applicant confirm that the entire site is outside the limits of the Watershed District and if possible show the limits of the Watershed l:hstrict on the locus pian. It appears that the site is very close to the limits of the Watershed District. 3. Section 4.137 The applicant indicates in the exemption request matrix provided that the performance standards of this section will be complied with. Further review under this section will be covered in the drainage section of the report. 4. Section 4.2 The applicant requests an exemption from the phasing of development section of the zoning by-law. The applicant indicates that the project will be built out within a reasonable time. 5. Section 5. The applicant requests exemption from the soil removal section,and proposes offering a limit of a maximum amount of soil to be removed from the site. This volume had not been specified at the time of the review. 6. Section 5.8 defines the restoration standards for the soil removal section of the Bylaw, The applicant should indicate how the removal section will be left at completion of the soil removal process and also indicate how soon after the operation,the site will be restored. 7. Section 6.0 The applicant has not requested an exemption from this section of the by-law. Details of proposed signing should be provided. \\MAWA'1R\te\0671649\floes\sep&%\MeebngHomrCompPnmtn1 revidac FEB.12.2002 9:38AM VHB N0.276 , P.4 3 Draft 8. Section 7.0 The applicant has requested numerous exemptions from this section because the proposed multi-family type complex. 9. VHB recommends that the applicant provide a table on the plans showing the existing,proposed and required zoning setbacks,areas and parking requirements. The information provided in the request of exemption section does not appear complete. 10. The proposed parking space size of 9'x 12'is significantly smaller than the Town standard of 9' x 18'. 11. The proposed location of the community meeting house may make walking to it a challenge for the older members of this community. Parking at the meeting house will also present challenges given the very limited parking availability at the meeting house. 12. Section$.3 The applicant bas requested aa+exemption_txoin the Site Plan review criteria. 13. Section 8.5 Tlaw applicant has requested an exemption Mout the requiresents of the plarned residential developusent section of the zoning by.--,sr. 14. Section 8.7 The applicant has requested exemption frout the growth management section of the zoning bylaw. This bylaw assures in part that Town has services wraflable for the development of propr .y. The applicant should confixm that tba Tmmm utii ties have capacity to accept additional L-astomers at this time. Specifically,capacity analysis should be performeed for water, sewer,gas and electric as these services are c_:ticp—1 to the health and safety of the co unity. 15. Section 10 The applicant has requested exemption from the administrative requirements of the zoning bylaw. 16. Sections 11 and 14 The applicant has requested exemption from Planned Development District and Independent Elderly Housing sections of the zoning bylaw. DRAINAGE It6VIBW VHB's comments are pending. STANDARD EAMINTEEF.ING PRACT,CE VHB has reviewed the site plans for conformance to standard engineering practices.The purpose is to document the engineering issues and potential construction issues associated with this development. V'M offers the following comments related to vehicular safety,pedestrian safety and potential construction issues: I. Vehicle turning movements for passenger vehicles and single unit vehicles(indicative of a single unit fire truck)were checked.Upon review of the revised site plan,it appears that single unit vehicles will have difficulty accessing some building locations and parking areas. Passenger vehicles may also difficulty accessing driveways(for example,entering the driveway for unit 21). 2. VHB recommends that locations of the proposed wheelchair ramps be identified on the site plans. Further,VHB recommends that a continuous accessible route be provided within the site to accommodate handicap people. 3. The location of snow disposal areas have not been identified an the plan. The Applicant should refer to the Snow Disposal Guidelines issued by DEP for snow disposal location requirements. Ideal snow storage locations are away from wetland areas. 4. How is solid waste to be removed from the site? 5. The applicant's engineer should provide minimum design standards for the roads in the proposed subdivision. Minimum site distances,horizontal curve radii,minimum k values and design speeds should be provided. There are sections of the proposed road that show vertical alignments with k values of as low as 13.5. Such a k value is only appropriate at a \\MAWAIR\te\OUYA9\d=\reporra\McetrW)Iowc-CempPcrWt-I revlaoe 9:38AM VH$ NO.276 P.5 D.1raft very low design speed. These calculations should be completed and stamped and signed by a professional engineer. 6. The proposed 4'sidewalk does not appear to meet the requirements of the ADA and AAB. The design engineer should review passing spaces rewired and maximum cross slopes. Please note that the construction tolerances allowed under the ADA and AAB are very limited. 7. The proposed meeting house does not show any handicap access parking spaces. The number of spaces should also be considered. The proposed project is a senior community. Many of the grades on the roadway and associated walks are relatively steep. Additionally, the location of the proposed meeting house may incline residents to drive to a function rather than walk. 8. The plans show parking spaces of typical dimensions 9'x18'. The backup material references 9'x12'. Please clarify which dimension is to be used. 9. The prop"lines at the intersection of streets should be rounded,as is the town standard. 10. The project parcel is h-sted as 32.03 Ac.,however the area of the two lots comprising the proposed lot add to 40.30 Ac. Please explain how the area was determLrgd. 11. The utility plans show the sewer services passing:ander some roof infiltrator units,this will do the future repair of sewer spices difficult 12. Drainage and water should be shown or,the profile plans. 13. Some section of sewer plans show proposed depth of cover to be more than typically provided for when using PFVC pipe. Please address the structural capacity of the proposed PJC or consider another nratexial. 14. Details for picket fence have been provided,yet the location of the picket fence to be installed is not clear. Care should be given where the installation of a fence could impact site distance. 15. The proposed cross section does not show a berm section This may make the channeling of runoff difficult,particularly when considering the potential damage plowing the road may cause to the grass plots. 16. More detailed information is required for material specification. The applicant should provide a note stating where the specification for the proposed material may be found. Any non-standard materials should be specified separately. 1z if the pedestrian bridge is designed by a professional engineer,design calculations should be provided. Why was a railing mot shown on the bridge? Does the bridge meet ADA/AAB requirements? 18. Did the engineer complete pavement calculations for the proposed pavement structure? 19. Ten percent is a relatively steep slope for a driveway in a senior community. 20. Structural calculations should be provided for the twin culverts and the proposed twin 24" culverts. 21. Can the angle of the intersection of Cortland and.Meetinghouse be designed to be dosL'r to 90 degrees? 22. Is-guardrail to be used anywhere on the proposed prejrct. If yes,V TI M recomusends that details be provided. 23. There appears to be a potential sight distance problem m-i Cortland Drive in the vicinity of sta 19+00. VHB recon=ends that the applicant investigate. 24. Are the detention facilities to be fenced? V'HB recommends that detention basins be fenced for safety purposes. 25. The proposed sewer below the proposed culverts will be difficult to maintain should access to it be needed. 26. Level areas should be provided at intersections. \\MAWATR\M\06nrA9\doe\tep*M\MeednS&is,-CompPemat-I revLBee hLB.1e.ewoe V:J3 9RN VH13 N0.276 P.6 Draft ENVIRONMENTAL REVIEW VH--R'S comments are pending.. TRAFFIC REVIEW VB3 has performed a review of the Traffic Impact Study-Proposed Residential Development for a proposed eighty-eight unit residential subdivision to be called Meeting House Commons at Smolak Farau located off of Dale Street in North Andover,Massachusetts. Dermot j.Kelly Associates,The (DJK)eubn-itted the traffic impact study. NriB revic.ved the entire report fforr sea bi'--sues,access and egress issues,and r2iiewved techrd.ai calculations and findings prose,^.fid in the repot. I.:general, -r amort h beta:p.eY—Cd in a professional manner and conforms to traffic engin—*ing industry standards. n. waw i The de-scription of the project notes the$88 units of over--;$housing. However a review of the site plan noted that here is a Cow—units Meeting House on the site. What types of activities night take place in this facility? Are the 7 parking spaces shown adjacent to the building adequate to support these activities? Study Area-It appears that the study area includes the site driveways as well as one intersection to the east How was the study area selected? Was the study area discussed/confirmed with the Town of North Andover prior to preparation of the study? Fadsting Conditions DJK performed a thorough evaluation of the existing conditions in the vicinity of the project site, Vehicle Speeds and Sight Distance-VHB visited the area to gain an understanding of the existing roadway configurations. During our site visit,VHB noted that maximum speeds along certain areas along Dale Road slightly exceeded 40 mph.The information presented in the report notes that vehicle speeds ranged between 30 and 40 mph. For the purposes of calculating driveway sight distance requirements,V B recommends that the 40 mph speed be utilized. Given that this is an elderly housing facility where perception and reaction times for some of the residents might be slower man the general population,some conservative calculations-such as using a 45 mph speed- would also be helpful in assuring that the sight distance calk--ulations are adequate and conservative. There Are nvo types of sight distance that relate to site driveway conditions. The first sight distance is Stopping Sight Distance(SSD). SSD is the.,.ar.,.,,,,-%dist'.ance reYuired for a driver to detect something in the roadway,react(apply the brake),and stop prior to hitting the obstacle. This would be the case of a driver along Dale Rad seeing P-pother driver p.*.nll Mat of the site driveway(without yielding to the traffic on the main road)and being able to stop prior to colliding with that vehicle. The second application of sight distance is called.Intersection Sight Distance(ISD),which is the distance required for a driver pulling out of a site driveway(from a stopped position)to detect a gap in the Dale Road traffic stream and be able to accelerate onto the roadway without causing drivers along Dale Road to slow down by any significant amount. The table below summarizes the required sight distances for given speeds.This information is based on gables and calculations presented in the AASHTO-Geometric Design of Highways and Streets 2001, 4''Edition. \\MAWATR\te\osn669\dm\xe; t;\Maan ff*mm-eonmPe=ni»revi.&c EEB.12.2002 9:40AM VHB N0.276 H.7 6 Draft Sight Distance Requirements based on 2001 AASHTO Handbook Design Speed SSD ISD(left turn) ISD(right turn) 35 mph 250 ft 390 If 335 ft 40 mph 305 ft 445 ft 385 ft 45 mph 360 ft 500 ft 430 ft In the report,DX measured the sight distances at alt site drive locations,however the ISD measurements were not provided. Furthermore,the SSD measurements presented in the report appear to be aerate(assuming the vegetation trimming as recommended in the report are administered),but tah<measurements are based or,the 19913 versio—.,of tele AASHTO handbook. The applicant should re-evaluate the adeT ;•of*.e obsm ed relation to th-e x-nost recent version of AASHTO as well as review and present ISD measurements for review. If the measurements appear deficient,the Applicant should present reccommer_dations to address this issue. Accident Inforna¢tf on-It wet�ld lig helpful Rapt a rQvvg stand_ppint to clgtgrg ft eny accident issues are present in the vicinity of the site. Has the applicant gathered this information and,if so, what are the results? If not,we suggest that accident records along Dale Road and other study area locations be collected and presented to highlight that there are no pre-existing safety issues that might be exacerbated by the additional traffic to be generated by the proposed project. Future Cgnditions Traffic Generation-VHB commends the applicant for utilizing the higher traffic generation rates based on empirical data. Over time,the ITB data presented in Trip Generation has been determined to be historically lower than actual traffic generation rates. The volumes used in the preparation of the report are,therefore,acceptable. 7Wp Distribution-The traffic generated for the development was distributed onto the area roadways based on observed traffic patterns. While VHB might have selected a slightly different distribution pattern,the basis behind Dj&s analysis is valid. Therefore,there is no significant issue with the Trip Distrinution patterns selected for this project, tvi Hellion and Recommendations(from ffie Executive Summary) I t appears ILL off-site mitigation measures leave not been praoposed in the DJK rep-A because Ithe project's impacts do not cause any study area intersections drop a.om an acceptable level of service to a deficient level of service. Although the project is relatively minor with respect to the area traffic volumes in general,the additio-zW traffic to be generated by the proposed project wilt only serve to increase traffic in the area. The developer should continue to work with the Town to develop a mitigation package that considers a'fair share'contribution to any roadway improvements being considered in the vicinity of the project. Also,just to clarify,the site drive is described as being 24-feet wide;with one 12 foqt wi-lane foa entering traffic,and two 12-foot wide lanes for left-tures and right-turning exiting traffic. Please confirm that the site driveway will either have a 24-foot wide curb opening or a 36-foot wide curb opening. Please make sure this is shown on the site plans. \\MAWATR\te\0671689\dom\reo&m\MeednOlauw-Cmto?ernit-!revl.dx FEB.le.eW[Je 9=40RM VHB N0.276 P.8 7 Draft Conclusion VHB has reviewed the traffic impacts study,prepared by DJK,for the 92-uut over-55 community known as Meeting Douse Commons at 5molak Farms. The traffic study has adequately evaluated the impacts of the proposed development with the exception of those issues noted above. In summary,the issues outstanding include: • Clarify the use of the Community Meeting House as well as the adequacy of the proposed 7 parking spaces to sappor,those s". E Review the,pping sight distance calculations with respect to the updated AASHTO 2W? handbook and pres-ant a 45--mille,rw hour calcalatim ■ Review and present intersection sight distance calculations. • Preset accident information for scud;area roadways orad intersections to assure:he to-em that there is no pre-existing safety issue. • Cortssder providing a Iain-share'contribution towards addressing general area.traffic�4sues. The developer should work with the Town to determine this amount that is consistent with other similar agreements between the Town and other developers. Furthermore,a professional traffic engineer certified to practice traffic/civil engineering in the Commonwealth of Massachusetts should stamp the final traffic report. It is recommended that the applicant provide WRMEN RESPONSES to the issues and comucents contained herein. \\MAWATR\ee\0611609\docs\eeperm\Me dngRousoC=pPawdb.Iearlda THE COMMONWEALTH OF MASSACHUSETITI§/JVEJ v F and of AeaG)FJ4Q DkhT -ATlTWtxl y-� '` CDS}�At; re the use of property ouglWW*tVt &fAWh I A1irMI)ff9�d am big - 4`R'� d�s`ltl'f'a��`�Er' me `only be guessed at.") 436 DWIGHT STREET 2001 SEP SPRINGFIELD,MASSACHUSETTS 01103 Z O p ��: 11 O Tom kixmbove underlined text is void vagueness because one is left to discern at ' tkRhubits of younger populations, which might even be seen as unlawful tdelegattion �i v' 1of zoning functions to such variable devices. The special permit granting authority and those whose property and business interests would be gov"jhYM E8b2001v would have much difficulty in ascertaining whether a particular location within the town falls within the prohibition. By mandating that no adult entertainment be located less than 1,000 feet from a location that could ��3�br 'aA,dPb�v �l>ritR hour, is an insufficient guide to those whose property and 1p26Arg4s would be affected thereby. If there are places that the Town Meeting feels now NVAlfyffmjR4XNrAabji&4Sd themselves as places of congregation for young people, then it could - on such finding - specify distance separations therefrom. But distances defined in terms of Rtere yN~AgWr9"pyAffiW@atjq%"M# l4tj A%)vf4j(tf�p�ea 1C ol�t -tion 5 of the Zoning> r ,zV9jj02jjg&tp �rtaken solely in conformity to the Act and not W gfiWi leAiqkqWAsQ,?in2*e&c3o"4i@i&ecial permit application, the special permit granting authority could, inter alia, impose conditions of this sort but upon findings then eger, no standards or criteria are provided by which anyone is able to determine the requisite size of the "group"of minors whose congregating triggers a violation of this section.Iit ��li�# #n91��1$ I1t � iRl�Clllg}s1 �d�� tht� yrfil, 2001, lipira p��wn falls within the prohibition. For this reason we disapprove and delete tope underlined text. Article 27- Article 27 amends the town's zoning by-laws by amending Section 8.8 'Adult 's SLjgMdheZanIqjLdnit Wrq,6 i 2dVV0d1WdGrfMbWC-30 of the warrant for the North Andover town meeting that convened on May 14,2001, with the approval of this Q( ,uw )ajjcRt»j"jz�low. Attiuldgi)fiiadndWthd Require(-fi8ftldeE&WtQbWgl"I lmRbd) omfp*,WtAw a 4tVW�idwe numbers of minors regularly congregate . . . . The provisions of this Subsection 8.10 shall not apply to building lots in a definitve sub iv"sion p9l�#p9llt tbeai ��8Ltp��ir orir�tc re�orded would &ction 6. In addition,the provisions of this Subsection 8 10 shall not apply to building lots in a definitive subdivision1p an approved prior to the enactment of this S�8uktim 831tQ.nAbg21a%ds of this Subsection 8 10 shall not apply to building lots on a plan sub ect to M.G.L. Cha ter 41 Section 81P a roved Driorto the first dateof ubl* t* of n iwidfitfifsvl�lluudred feet(500') of the property line of any Residential Zoning Diss tric , church, school,park, playfield, or other location where large numbers of minors wor L (Emphasisgi to . . . . (Emph'Skii3 addvd.)anguage is disapproved and deleted (Disapproval #2 of 21. The basis for the disapproval i;',that Subsection 1 (b) is inconsistent with the uniformity provision contained in G.L. c. 4"ckApP'Y0WQM4 Oeta&thchbpvdiundeokjt,,cibat.`4>i val 46 I-lav4l�use it is vague and confusing as to render it inconsistent with state law and the Constitution. O'Connell 2 �A, } MIS CALL FOR DATE I Z TIME A.M. M --__P.M. OF ❑FAX PHONED PHONE ❑MOBILE -6U3 i6� RETURNED AREA C E YOUR CALL MESSAGE UMBER EXTENSION r PLEASE CALL WILL CALL AGAIN CAME TO SEE YOU N ED � WANTS:TO SEE YOU � FORM 4003 Table of Contents , Meetinghouse Commons at Smolak Farm South Bradford & Dale Streets (M104CP31&28) 2001-033 Granted 4-24-02 Meeting Date From Contents Document Date Pre-Meeting Salem Five Cents Savings Determination of Project Eligibility 8-30-2001 Bank Application,Town Clerked Special Permit form&spiral bound 8-30-01 9-11-01 Dermot J.Kelly Assoc.,Inc Traffic Impact&Access Study spiral bound August 2001 Mary Ippolito Meeting File Sept 11,2001 Memorandum Establish an escrow account 9/11/01 Zoning Board of appeals Comprehensive permit rules and regulations Memorandum Update of action items for comp.Permit at Smolak 9/12/01 Farm 10-9-01 0 Petition Zoning Board of Appeals No date mtg.Legal only Memorandum N A Conservation Commission No date Memorandum Comprehensive Permit Application Oct 5,01 Meetinghouse Commons Endorsement Plans for Meeting house Common at Oct 8,01 LLC Smolak Farm Division of Public Works Meeting House Common Subdivision Plan Review Oct 9,01 10-16-01 DJK Dale Street N A Oct 15,01 Thomas D Zahoruiko,CEP Meeting house Commons Oct 13,01 Chief William Dolan Meetinghouse Commons Oct 15,01 Vanasse Hangen Brustlin Comprehensive Permit Application Review Meeting 10-15-01 House Commons Memo Meetinghouse commons at Smolak Farm Sept 25,01 11-13-01 Meetinghouse Commons Board of Appeals Nov 1,01 LLC Memorandum Meetinghouse Commons Comprehensive Permit Nov 6,01 Application Revised Salem Five Determination of Project Eligibility Aug 30,01 Thomas D Zahoruiko,CFP Notice of Receipt of Project Eligibility Sept 4,01 Department of Housing& Local Official No date Community Development Meetinghouse Commons Board of Appeals Nov 13,01 LLC 12-4-01 Fax Thomas D Zahoruiko 11-30-01 Meetinghouse Commons Board of Appeals 12-4,01 LLC Susan Dennett Comments on Meeting House Commons Proposal 12-04-01 Board of Appeals Meetinghouse Commons 12-4-01 1-15-02 Meetinghouse Commons at Fiscal Impact Analysis Dec 4,01 Smolak Farms Exhibit 1 List of Exemptions Dec 21,01 Meeting house Commons The Project Dec 26,01 Comprehensive Permit Conditions Zoning Board of Appeals Meetinghouse Commons 1-15-02 to 2/12/02 2-12-02 Attorney General Letter 9-20-01 Vanasse Hangen Brustlin Inc Permit Application Review for Meeting House 2-11-02 Commons Zoning Board of Appeals Meeting Commons at Smolak Farm 2/12/02 continue 3/12/02 3-12-02 Fax Tom Zahoruiko 3/12/02 VHB INC Project No 0671649 3/11/02 Huntress Associates Meetinghouse Commons at Smolak Farm 3/11/02 Board of Appeals Meetinghouse Commons 3/12/02 Board of Appeals Meeting house Commons at Smolak Farms 3-12-(- 4-9-02 Meetinghouse Commons Permit Application 3-13-02 LLC Memorandum Smolak Farm Final Evidence 3-18-02 Exhibit 1 List of Exemptions 3-19-02 Meetinghouse Commons Permit Conditions 3-19-02 Bowditch&Dewey Meeting Commons Permit Application 3-18-02 Epsilon Fax Remarks 3-20-02 MHT Design Consultants Inc Smolak Farm MHF#123101 3-18-02 Epsilon Environmental Issues 3-20-02 VHB Permit Application 3-13-02 VHB REF 0671649 Permit Application 3-13-02 Division Of Public Works Smolak Farms 3-20-02 Memo Meetinghouse Common At Smolak Farm 3-27-02 Acting Chairman Meeting house Commons C40B Application 3-28-02 Meetinghouse Commons Comprehensive Permit Application for 4-2-02 LLC Meetinghouse at Smolak Farm VHB INC VHB Project No 0671649 4-02-02 Huntress Associates Smolak Farm '3-3-02 Meeting Commons LLC Smolak Farm 3-8-02 4-24-02 MHF Design Consultants inc Review letter for Meeting Commons 4-18-02 Meeting Commons The Project 4-17-02 Comprehensive Permit Conditions Board of Appeals Special Meeting 4-24-02 Notice of Decision Year 2002 South Bradford Street 5-24-02 Exhibit 1 List of Exemptions 4-29-02 Meetinghouse Commons Comprehensive Permit Conditions 4-29-02 10-04 Campion Hall, LLC Waive time constraints to 3-9-04 2-10-04 #14 Thomas J. Keeffe, PE Tutela Engineering Associates, Inc.—Rae's Pond 2-4-04 Wastewater Pumping Station Evaluation #15 Michael J. Rosati,Project Marchionda&Associates,L.P.-Response to NA DPW 2-6-04 Manager item#I Marchionda&Associates, Site Plan M&A No.: 695-01 2-19-04 L.P. #16 Edward Hassey Letter to Walter F. Soule—abutter concerns 3-4-04 #17 Willard D. Perkins,P.E., Hearthstone Realty Corporation—6-month progress 3-9-04 President report Campion Hall,LLC Waive time constraints to 4-13-04 3-9-04 To: 4-13-04 #18 Tim Downey VHB-memorandum to Timothy B. McIntosh,VHB re: 2-24-04 Asbestos, Lead and Radon Sampling Report of Environmental Remediation Services,Inc.,faxed 3-9-04 Timothy B.McIntosh, P.E. VHB—Letter contractual issues resolved 3-9-04 #19 Tracie Lenhardt& VHB—Engineering review 3-22-04 Mathew Goldstein, P.E. #20 Michael J. Rosati,Project Marchionda&Associates,L.P.—Letter response to VHB 3-25-04 Manager 3-22-04 review. #21 Daniel J. Slowe, Environmental Remediation Services, Inc.—Response to 3-12-04 Environmental Consultant VHB 2-24-04,rec'd 4-5-04. Eric K. McCarthy Hearthstone Realty Corporation—Letter request VHB 4-5-04 response Marchionda&Associates, Site Plan,dated February 19,2004;Phasing revision 3-24-04 L.P. Eric McCarthy Campion Hall draft decision,minus document list 4-7-04 922 Jack Sullivan,P.E. DPW response to Marchionda&Associates Site Plan 4-6-04 Hearthstone Realty Trust Waive time to 5-13-04 4-13-04 5-13-04 Marchionda&Associates, Site Plan,dated 2-19-04;rev.4-23-04;not sealed 4-23-04 L.P. sealed " Huntress Associates, Inc. Landscape Plan dated 5-13-04; sealed,2 pages 5-10-04 Under #23 Campion Hall,LLC The Residences at Campion Hall Pro Forma, 7 pages Rev. 5-18-04 Advisement 5-13 to 6-15-04 #24 Kathleen Szyska, North Andover Historical Commission—Response to 6-14-04 President request about status of Kunhardt Estate,or, Campion Hall on the National Historic Register Post 6-22-04 Hearthstone Realty Trust Certificate of Insurance 7-20-04 " MassHousing Starts Regulatory Agreement from 7-28-04 MassHousing website Bowditch&Dewey Meetinghouse Commons Decision 4-29-02 Attorneys VHB Comprehensive Permit Application Review for 5-9-02 Meeting House Commons Bowditch&Dewey Meeting Commons Decision 4-30-02 Attorneys Fax Meeting house per Brian C.Levey 5-1-02 Decision on Comprehensive Meetinghouse Commons LLC-The Project Petition 5-1-02 Permit Application NO 2001-033 VHB Comprehensive Permit Application Review for the 5-9-02 Meeting House Commons Decision on Comprehensive Meeting Commons LLC Petition No The Project No date Permit Applications Board of Appeals Fax Brian C Levey Esq.Meetinghouse Commons 6-4-02 Board of Appeals Fax Thomas D Zahoruiko Decision Another 6-4-02 Fax Log Report Last 30 Faxes 6-4-02 Meetinghouse Commons Plan of Land for Meetinghouse Commons at Smolak 6-4-02 LLC Farm Board of Appeals Fax Robert P Ford Esq.Table 2 {Last page of 6-6-02 Meetinghouse Decision} Board of Appeals Fax Lou Mammolette of Guertin Elkerton&Assoc 6-12-02 Meetinghouse Commons Decision Board of Appeals Notice of Decision Year 2002 South Bradford Street 6-3-02 6-12-02 9:30AM Lou Mammolette of Guertin Elkerton &Assoc Town of North Andover White Birch Construction Inc 6-10-02 North Andover Zoning Board John E&Mary DePippo 6-11-02 Exhibit 1 List of Exemptions No date Decision on Comprehensive Meetinghouse Commons LLC Petition No 2001-033 No date Permit Application The Project Board of Appeals Notice of Decision Year 2002 6-3-02 Board A Waive the Time Constraints Finding oa d of Appeal pp g are still under 04-05-04 investigation in Boston Legal Notice Published in the Eagle Tribune on Sept 25&Oct 2, No date 2001 Fax Tom Zahoruiko from 9-12-2001 Legal Notice No date Mary Post 4-24-02 Timothy B.McIntosh—VHB Review final set of plans—ok 10-2-03 John T. Smolak,Esq. Faxed request Atty.Urbelis&NA ZBA approval of 9-24-04 1.Regulatory Agreement 19 pages " 2.Monitoring Services Agreement " Thomas D.Zahoruiko Letter to R.Nicetta re Meetinghouse Plans 9-27-04 Town of North Andover Of"°o*6 Ago c e r° Office of the Zoning Board of Appeals Op Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 9SSACHUs�` D. Robert Nicetta Telephone(978)688-9541 Building Connnissioner Fax(978)688-9542 ry CD Notice of Decision a--a Year 2002 ` Any appeal shall be filed within (20) days after the date of filing of j r�> this notice in the office of the town D ;c clerk. o Property at: South Bradford Street �� . _ cn NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 C n 185 Hickory Hill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street North Andover, MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts. This application was originally for 93 housing units (later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 ; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/-1, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14/02 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/20/01 (Sheets 37-38) Voting in favor were Robert Ford John Pallone Ellen McIntyre, and George Earley. The 20 page complete Decision with the 10 findings of fact, 61 conditions, 30 waivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North Andover, Massachusetts and can be viewed during normal office hours. Town of North Andover Board of Appeals Robert P. Ford, Acting Chairman Decision2001-033 DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS, LLC 185 HICKORY HILL ROAD NORTH ANDOVER, MA 01845 PETITION NO. 2001-033 THE PROJECT The applicant, Meetinghouse Commons, LLC (the "Applicant" or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23, to construct 88 units of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units, the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least one person who is age 55 or older. I PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on August 30, 2001. The Town of North Andover Zoning Board of Appeals, after publication in Lawrence Eagle-Tribune on September 25, 2001 and October 2, 2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16, 2001 at the North Andover Senior Center at 120R Main Street, North Andover,MA 01845 (the "Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only),.January 15, 2002 (continuance only), February 12, 2002 (continuance only), March 12, 2002, April 9, 2002 and April 24, 2002 at the Senior Center. i North Andover Zoning Board of Appeals members present at all sessions of the public hearing on this application were Robert Ford,John Pallone, George Earley and Ellen McIntyre. During various sessions of the public hearing, Meetinghouse Commons, LLC was represented by the following: Thomas Zahoruiko,Manager of Meetinghouse Commons,LLC, 185 Hickory Hill Road, North Andover, MA, Brian C. Levey, Esq., Bowditch & Dewey, LLP, 161 Worcester Road, Framingham, MA 01701, Dermott J. Kelly, Dermott J. Kelly Associates, Inc., Two Dundee Park, Suite 301, Andover,MA 01801, Christian C. Huntress, Huntress Associates, 17 Tewksbury Street,Andover, MA 01801, Mark Gross, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, NH 03079 and Michael Howard, Epsilon Associates, Inc., 150 Main Street, P.O. Box 700, Maynard, MA 01754. The public hearing was closed on April 24, 2002. GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include,but are not limited to, the following materials that are on file at the Office of the North Andover Zoning Board of Appeals: 1. Traffic Impact&Access Study, Proposed Residential Development Project, Dale Street, North Andover,MA,prepared by D.J. Kelly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March, 2002); 2. Fiscal Impact Analysis prepared by Meetinghouse Commons,LLC for the North Andover Zoning Board of Appeals dated December 4, 2001; 3. Stormwater Management and Drainage Analysis prepared by MHF Consultants Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 5. No-Cut Buffer Restriction; 6. Conservation Commission Order of Conditions dated March 27, 2001; and 7. Certified list of Abutters. The Applicant submitted plans prepared by Huntress Associates, Inc., MHF Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning Board of Appeals with the Comprehensive Permit application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department, the North Andover Fire Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the plans is April 17, 2002. As a result of numerous revisions, all issues raised by Town boards and agencies have been addressed by the Applicant. Prior to the close of the public hearing,the North Andover Zoning Board of Appeals received and considered written communications from Meetinghouse Commons, consultants to Meetinghouse Commons, Town boards and agencies, the Zoning Board of Appeals' outside consultant and various residents of North Andover. In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. ("VHB") to provide a technical review of the Applicant's application, plans and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The i Applicant has satisfactorily addressed the issues raised by the consultant and, where appropriate, has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on Dale Street. The land is currently undeveloped. The 88 residential units (including 22 affordable units) will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility,large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal,rubbish removal, recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Farm Realty Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex North Registry of Deeds in Book 6333, Page 359, see also deed recorded in Book 1467, Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The.site is also identified on the Town of North Andover Assessor's Map 104C as Lot 28 and a portion of Lot 31. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with an office in Salem, Massachusetts. Salem Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the decision by the Massachusetts Housing Appeals Committee and Stuborn Limited Partnership v. Barnstable Board of Appeals,No. 98-01 (March 5, 1999), the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents, Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. The Applicant has selected Citizens Housing and Planning Association (CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA, then it will secure an agreement with another non-profit or public entity for such purpose. SPECIFIC FINDINGS OF FACT 1. The Applicant. The applicant,Meetinghouse Commons, LLC, is a"limited dividend organization" as that term is used in Massachusetts General Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since (a) it is a limited dividend organization, (b) the project is fundable by the Federal Home Loan Bank of Boston's (FHLBB)New England Fund through a participating lender, and (c) has site control as that term is used in 760 CMR 31.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner, H. Michal Smolak, Jr. as Trustee of the Smolak Farm Realty Trust. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met any of the statutory minima set forth in Massachusetts General Laws chapter 40B, § 20 or 760 C.M.R. 31.04. 3. The Project. The project, as shown on the final plans, consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as "Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent (25%) of the units or 22 units will be "low or moderate income housing" as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. Support by Town Board and Agencies. During the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department, Fire Department, Conservation Commission, Planning Board, and Board of Health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local Needs. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. DECISION Based on the above findings, on April 24, 2002, the North Andover Zoning Board of Appeals voted unanimously (4-0) to grant Meetinghouse Commons a Comprehensive Permit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMIT CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the North Andover Zoning Board of Appeals (the "Board") and referenced below (the "Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, MA Sheets 1-45 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Original Date: July 20, 2001 Final revision date: April 17, 2002 3. The Plans shall not be substantial) changed, altered or reconfigured in an way without Yg Y Y an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the Plans shall be deemed permitted by virtue of the granting of this decision. The Board hereby approves the Plans and shall endorse the Plan of Land (Sheet 3A) showing the lot for the Project. The Building Commissioner shall make the determination whether any proposed change is substantial. 4. The project shall consist of eighty-eight (88) units, a community center building in accordance with the Plans (the "Project"). Twenty-five percent (25%) of the eighty-eight (88) units or twenty-two (22) units shall be affordable as provided below. 5. The 88 residential units will be contained in forty-eight (48) residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 8. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. Prior to the commencement of construction, Meetinghouse Commons, LLC (MHC) shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities in the portion of South Bradford Street south of the Project. MHC shall submit to the Building Commissioner a certified copy of the recorded document. Affordable Housing 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development (the "Affordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty (30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed Rider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Deed Rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less than ninety- nine (99) years. Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of its efforts to secure approval.of the perpetual restriction and any written denial thereof and grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for MHC and Town Counsel, for all affordable units. 13. MHC will comply with all the requirements of the New England Fund(NEF) as administered by the Federal Home Loan Bank of Boston (FHLBB) by and through the actual financing bank (Bank). 14. MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHC's profit is limited to 20% of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the North Andover Housing Authority, Town of North Andover Community Development Division and MHC shall agree upon the rules for the selection of buyers of affordable units (the "Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of North Andover shall be given preference in the lottery process; provided, however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The North Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing,the buyer selection process. MHC will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association (CHAPA)to monitor the Project. If, for any reason, MHC is unable to retain CHAPA, then it shall secure such an agreement with another non-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. Age Restriction 20. MHC will develop the units at the Project for sale as condominiums and not as rental units. There shall be a,Master Deed and Condominium Trust for the Project (the"Condominium Documents") which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the "Qualified Occupant"); provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the "Age Restriction") so long as the provisions of the Housing Laws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair Housing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and M.G.L. c. 151B, section 4 (the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Housing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. Condominium Matters 23. The Condominium Documents shall include a provision(s) that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; d. The occupancy of the unit shall be for not more than two (2)unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Deed Rider which shall incorporate the items (a) through (f) above and further provide that in no event shall an affordable unit be rented at market rate 24. The Condominium Documents shall include aP rovision that no vehicle shall park so as to impede travel in the access lanes at any time, except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including, but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the Plans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. Roads and Traffic Mitigation 33. There will be one drivewayto and from the site located on what is commonly known as Y South Bradford Street. 34. Roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 11-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three (3) intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the Project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, MHC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction, MHC will post a bond or security in the amount to be determined by the DPW, in a mutually agreed form, to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Dale Street and constructing the on-site water line, on-site sewer line and off-site sewer pump station. Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further, MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master fire alarm box at the entrance to thero ert . P P Y 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction Matters 47. Prior to the commencement of construction, MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such g Y recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to thecommencement of construction,MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit, MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty (60) days of said submission. I 50. Prior to obtaining a building permit,MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules, regulations and codes are hereby granted. 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including,but not limited to, the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.00, the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy. 55. If applicable,MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction,MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Commissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions,restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lapse 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof, not including such time required to either 1 pursue or await the determination of an appeal from the rant of this decision or q ( )p Y pP g the issuance of an Order of Conditions from the Conservation Commission, or(2)pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. � 1 EXHIBIT 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts,Meetinghouse Commons, LLC seeks and the Board hereby grants the exemptions from or waiver of all local by-laws, rules, regulations, permits and approvals, set forth below: 1. North Andover Wetlands Protection By-Law and North Andover Wetlands Protection Regulations Local Regulation Required Under By-law Pro osed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act, M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Regulations"). II. North Andover Zoning By-Law Local Regulation Requirement Proposed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1.1 Uses Allowed Only the designated uses of More than one family land,buildings, or part dwelling on the lot; a thereof and uses accessory multi-family dwelling thereto are permitted in building on the lot; a Residence 1 District. See community meeting house Summary of Use (containing an exercise Regulations, table attached area, conference meeting ("Use Table"). rooms, kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 Roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings One family dwelling,but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 46 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 (Zone A— 100 Year Floodplain), regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption law. requested. §7 Dimensional Requirements §7.1 Lot Area Minimum lot areas for R-1 Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table Table. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, CBA, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street table attached, Summary_of attached. Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Comprehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. III. North Andover Subdivision Rules and Regulations Local Regulation Required Pro osed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in North Conditions. Andover, Massachusetts (November, 2000) IV. North Andover Board of Health Regulations Local Regulation Required Proposed Town of North Andover Minimum Local Title V Regulations; On-site sewer line and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sewer. cost, as per Plans and Governing the Installation of Sewer Permit Conditions. Services. V. Bonds Local Regulation Required EKgposed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto &Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes (Condition S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Housing Yes Yes Indoor Place of Amusement or No Yes(Condition S) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes(Condition S) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Dwelling Yes Yes Establishment Personal Services No No Place of Worship Yes Yes TABLE H: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.F. 87,120 87,120 Height I Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back 5 Where Min. (ft) 30 property abuts Town forest. Rear Set-Back 5 Where Min. (ft) 30 property abuts Town forest. i Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A i I Town of North Andover .Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street #�� s:s•�,-+'�« a'`, North Andover, Massachusetts 01845 AC North D. Robert Nicata Telephone(978)688-9541 Ruiiding Commissioner Fax (978)688-9542 Special Zoning Board of Appeals Meeting There will be a Special Zoning Board of Appeals Meeting on Thursday, January 13 at 7:30 p.m. at the Senior Center, located at 120R Main Street. r OLD/NEW BUSINESS: Discussion of the Regulatory Agreement and Deed Rider for Meetinghouse Commons at Smolak Farm. Discussion of the Regulatory Agreement and Deed Rider for Campion Hall,Cochichewick Drive Request District #=Members who have heard evidence *=Voted to continue CONTINUED HEARINGS: OReguested continuance until January 13.2005 meeting) Com re t4isthview,LLC Comp Le Permit R-4 #JP/EM/JIM— Y Oak3 W vert *JP/EIWJUJS/RB a for i at: JP/EIVI/JL/RB Waverley Road *JP/EM/JL/Ri3 *WJS/EM/JL/RB *JP/EM/JL/RB *JP/EM/JURB JP/E M/JLi'RB *JP/EN VJURB { Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f „oRTM Office of the Zoning Board of Appeals 3� `7 o Community Development and Services Divi 27 Charles Street T p W i4 1:t �,��,'F• North Andover,Massachusetts 01845 U iZ T N A Fi 0 U V s, D. Robert Nicetta Teleph;Vgj 6�t95�1 j 33 Building Commissioner ��� 6 95$� October 15,2004 C Thomas D.Zahonuko, 121 Carter Field Road o -2--- North Andover,Massachusetts 01845 CD�y RE: Meetinghouse Commons at Smolak Farm CD rn South Bradford Street J> CD < North Andover,Massachusetts 01845 _ W Dear Mr.Zahonjiko. w Regarding your request for the Zoning Board of Appeals to approve the pre-construction items of your decision that you submitted: Upon a motion by John M.Pallone,and 2°d by Richard J.Byers,the Board voted to issue a Finding that the Thomas D.Zahoruiko letters of September 27 and 28,2004,outlining the pre-construction items required by the Comprehensive Permit,2-1-033,granted for Meetinghouse Commons at Smolak Farms,have been met. Mr.Pallone amended the motion to specify the Regulatory Agreement,and indicate that the approval of the Deed Rider is a pre-condition of the Occupancy Permit. . Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,M. Ellen P.McIntyre,Chair Zoning Board of Appeals cc: D.Robert Nicetta ZBA file 2001-033 M104CP31dt28 i Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Page 1 of 1 Glennon, Michel From: Michel Glennon [mglennon@townofnorthandover.com] Sent: Thursday, October 14, 2004 4:21 PM To: 'Thomas J. Urbelis' Subject: RE: Meetinghouse Hello, Atty. Urbelis;the following is a draft for the minutes. Mich. Upon a motion by John M.Pallone,and 2nd by Richard J.Byers,the Board voted to issue a Finding that the Thomas D. Zahoruiko letters of September 27 and 28,2004,outlining the pre-construction items required by the Comprehensive Permit granted for Meetinghouse Commons at Smolak Farms,have been met. Ellen P.McIntyre suggested that the Finding specify the Regulatory Agreement and specify that the Deed Rider was a pre-condition of the Occupancy Permit. Mr.Pallone said so amended. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi, III. -----Original Message----- From: Thomas J. Urbelis [mailto:tju@ufb.com] Sent: Thursday, October 14, 2004 9:50 AM To: 'mglennon@townofnorthandover.com' Subject: Meetinghouse Mich...............could you please send me a copy of the Board's vote which it took on Tuesday. Thanks. Tom. 10/20/04 1 SMOLAK & VAUGHAN LLP Attorneys at Law Jefferson Office Park 820 Turnpike Street, Suite 203 North Andover,Massachusetts o1845 Telephone 978-327-5220 Facsimile 978-327-5219 John T.Smolak,Esq. Direct 978-327-5215 Email:jsmolak@SmolakVaughan.c:om October 6,2004 VIA FAX AND E-MAIL Thomas J. Urbelis, Esq. Urbelis &Fieldsteel, LLP 155 Federal Street Boston, Massachusetts 02110 RE: Approval of Form of Regulatory Agreement and Deed Rider Comprehensive Permit, dated May 24, 2002 Project: Meetinghouse Commons Property: South Bradford Street,North Andover Applicant& Owner: Meetinghouse Commons LLC Dear Attorney Urbelis: Thank you for your prompt response to my September 24,2004 letter which included a proposed form of Regulatory Agreement, Deed Rider and Monitoring Services Agreement. The following are my comments in response to your October 1, 2004 letter: 1. With respect to the Monitoring Services Agreement,you have recommended to the Board of Appeals to increase the limit on the amount the Monitoring Agent should spend for enforcement of the Regulatory Agreement from $2,000 to$20,000. As you requested,we have made this change. Also note that we have also made several additional changes to Paragraph 2 of the Monitoring Services Agreement based upon the request of CHAPA. Those changes relate to the way CHAPA's initial fee would be paid, and the amount that CHAPA would be paid upon the resale of each Affordable Unit. 2. Paragraph 1(b)of the Deed Rider is a standard provision within Deed Riders because one cannot expect an owner or lender to agree to hold onto an affordable unit for months or years if an eligible purchaser could not be found and that is why this provision is included as a standard provision in Deed Riders for all the various affordable housing programs(i.e.,New England Fund,Housing Starts). Please note,however, that the Town is protected in that if an eligible purchaser cannot be located,then the difference between the Market Sale Price and the defined Maximum Resale Price must be paid to the Municipality. Please note that this provision includes exactly the same language your office had previously approved in Regulatory Agreements for both the Kittredge OCT 6 - 2004 BOARD OF APPEALS SMOLAK& VAUGHAN LLP Thomas J. Urbelis, Esq. October 6, 2004 Crossing Project,as well as the Coachman's Development Project located off Haverhill Street in Andover. 3. Paragraph 12 of the Meetinghouse Commons Comprehensive Permit Decision appears to include the same requirements as to term which were imposed on the units for the Kittredge Crossing Project. The provisions related to the term of affordability set forth in the Deed Rider for this Project include the identical term of restriction approved by you in the Kittredge Crossing Project. Accordingly,we feel the 99-year term should be sufficient in this circumstance and there is no reason to treat this Project differently from the Kittredge Crossing Project since both were approved using identical subsidy programs. 4. The condominium documents are in the process of being prepared by the Applicant but have not yet been completed. As soon as the same are completed, we will forward the same to you for your approval as to form. The approval requirement is a precondition to the issuance of a certificate of occupancy and is not a precondition to the issuance of a building permit. I have enclosed a compare version of the Monitoring Agreement which identifies the changes made as discussed above. Once again, that you for your response to our September 24, 2004 letter to you, and please contact me at your earliest convenience should you have any questions regarding these matters since the Board will be holding a meeting on this matter next Tuesday, October 12. Very truly yours, John T. Smolak JTS/ ` cc: Town of North Andover Zoning Board of Appeals Thomas D. Zahoruiko,Manager, Meetinghouse Commons, LLC Q MONITORING SERVICES AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects THIS AGREEMENT is made as of the day of October, 2004, by and between Meetinghouse Commons LLC, a Massachusetts limited liability company having an address at 121 Carter Field Road, North Andover, Massachusetts 01.845 ("Developer") and Citizens' Housing and Planning Association, Inc. with an address at 18 Tremont Street, Boston, Massachusetts 02108 ("Monitoring Agent"). Background A. The Federal Home Loan Bank of Boston ( FHLBB ) has agreed to provide a subsidized advance (the "Subsidized Advance") under the New England Fund (the "NEF") to Salem Five Cents Savings Bank (the `Bank") for the purpose of financing a project containing 88 residential housing units located at Dale and South Bradford Streets in North Andover, Essex County, Massachusetts (the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of J p p g Appeals of the City/Town of North Andover (the Municipality ) under Massachusetts General Laws, Chapter 40B (the "Comprehensive Permit") and is subject to a Restated Regulatory O Agreement, dated October _, 2004 between the Bank and the Developer (the "Regulatory Agreement"). C. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, at least 22units in the Project (the — J "Affordable Units") are required to be sold to households whose incomes do not exceed 80% of the median income (adjusted for household size) for the Lawrence Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement") for a period of not less than 99 years. D. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of total development costs of the Project (the "Limited Dividend Requirement"). E. Pursuant to requirements of the Regulatory Agreement, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. O -1- I OAgreement For one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirement and the compliance of the Developer with the Limited Dividend Requirement, including: (i) Receipt of cost certifications for the Project from the Developer. (ii) Review of (x) the adequacy and completeness of cost certifications and (y) the substantive compliance of the Project with the Affordability Requirement and of the Developer with the Limited Dividend Requirement. (iii) Review of income certifications, deeds and deed riders with respect to initial sales of Affordable Units. (iv) Certifying to the owners of Affordable Units as to the maximum sales price which a household having the Base Income (as defined in the Regulatory Agreement) can pay for an Affordable Unit. The maximum sales prices must be locked-in at the time the marketing period commences for the affordable units. O (v) Monitoring of re-sales of Affordable Units for compliance with the terms of the applicable deed riders and issuance of certifications, as appropriate, approving re- sales and the payment of recapture amounts. The Monitoring Agent may provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services under this Agreement shall not include any construction period monitoring. The services under this Agreement shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. 2. Monitoring, Services Fee. The Monitoring Agent shall receive a fee of $14,500.00 from the Developer. Of this amount, 50% shall be paid upon of execution of this Agreement, wand 50% shall be paid upon the completion of the first affordable unit lottery, and 251% . J days aftef the issuanee of the !as eefti ,cafe of,,,.,,,,r,,,,ey for- „ Unit. Such fee shall constitute payment for the services of the Monitoring Agent with respect to the Limited Dividend Requirement and the initial sales of the Affordable Units. Thereafter, thefor the resale of each Affordable Unit Monitoring Agent shall receive a fee of th fee f,,i4hs of one percent of the maximum Affordable Unit Sales Price, to be paid by each Seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring the O sales transaction as provided in this Agreement. Such resale fee shall be payable for all transfers of Affordable Units, including those to the Municipality, an eligible purchaser -2- O or an ineligible purchaser. If the Monitoring Agent's fee is not paid at the time of closing, the Monitoring Agent shall be entitled to payment from the purchaser of the Affordable Unit and to bring an action and seek an attachment of the interest of the purchaser in the Affordable Unit. The deed rider attached to the deed of each Affordable Unit shall contain a covenant obligating the owner of each Affordable Unit to make these payments. FHLBB shall have no responsibility for payment of any fee to Monitoring Agent under this Agreement. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Bank or legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to seek an attachment, including an attachment of the interest of the Developer in the Project in connection with any action to recover its fees and expenses, and to assert the lien described in the Regulatory Agreement. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, notice to the FHLBB, and to the Municipality and/or to the Bank or legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and in any action to seek an attachment of the relevant unit to secure payment of such fees and expenses and to assert a lien against the unit as provided in the deed rider. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from FHLBB or the Bank in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $20,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against Developer. 4. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is 99 years after the sale of the first Affordable Unit. The term of this Agreement shall end on the later of(a) six months after the 99th full year after the sale of the Ofirst Affordable Unit or, (b) after the all the requirements under deed riders have been complied -3- with, including the obligation of owners upon the date of expiration to make payments to the Municipality upon the sale of their units. 5. Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indemnity. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence.. 7. Applicable Law. This Agreement, and the application or interpretation of this Agreement, shall be governed by the laws of The Commonwealth of Massachusetts. 8. Binding Agreement. This Agreement shall be binding on the parties to this Agreement, their heirs, executors, personal representatives, successors and assigns. In the event that the Monitoring Agent shall cease to exist under this Agreement, then a successor Monitoring Agent may be appointed by FHLBB and the Municipality. 9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. O O -4- OIN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed as of the date first written above. DEVELOPER Meetinghouse Commons LLC By: Thomas D. Zahoruiko, its Manager. CITIZENS HOUSING AND PLANNING ASSOCIATION, INC. By: Aaron Gornstein Its Executive Director O O -5- MONITORING SERVICES AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects THIS AGREEMENT is made as of the day of October, 2004, by and between Meetinghouse Commons LLC, a Massachusetts limited liability company having an address at 121 Carter Field Road, North Andover, Massachusetts 01845 ("Developer") and Citizens' Housing and Planning Association, Inc. with an address at 18 Tremont Street, Boston, Massachusetts 02108 ("Monitoring Agent"). Back rg ound A. The Federal Home Loan Bank of Boston ("FHLBB") has agreed to provide a subsidized advance (the "Subsidized Advance") under the New England Fund (the "NEF") to Salem Five Cents Savings (the `Bank") for the purpose of financing a project containing 88 residential housing units located at Dale and South Bradford Streets in North Andover, Essex County, Massachusetts (the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of Appeals of the City/Town of North Andover (the "Municipality") under Massachusetts General Laws, Chapter 40B (the "Comprehensive Permit") and is subject to a Regulatory Agreement, dated October_, 2004 between the Bank and the Developer(the "Regulatory Agreement"). C. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, at least 22 units in the Project (the "Affordable Units") are required to be sold to households whose incomes do not exceed 80% of the median income (adjusted for household size) for the Lawrence Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement") for a period of not less than 99 years. D. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of total development costs of the Project (the"Limited Dividend Requirement"). E. Pursuant to requirements of the Regulatory Agreement, the Developer has agreed to retain the Monitoring Agent to perform monitoring and- enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. OAjzreement -1- i 0 For one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties, intending to be legally bound, agree as follows: 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirement and the compliance of the Developer with the Limited Dividend Requirement, including: (i) Receipt of cost certifications for the Project from the Developer. (ii) Review of (x) the adequacy and completeness of cost certifications and (y) the substantive compliance of the Project with the Affordability Requirement and of the Developer with the Limited Dividend Requirement. (iii) Review of income certifications, deeds and deed riders with respect to initial sales of Affordable Units. (iv) Certifying to the owners of Affordable Units as to the maximum sales price which a household having the Base Income (as defined in the Regulatory Agreement) can pay for an Affordable Unit. The maximum sales prices must be locked-in at the time the marketing period commences for the affordable units. (v) Monitoring of re-sales of Affordable Units for compliance with the terms of the oapplicable deed riders and issuance of certifications, as appropriate, approving re- sales and the payment of recapture amounts. The Monitoring Agent may provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services under this Agreement shall not include any construction period monitoring. The services under this Agreement shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. 2. Monitoring, Services Fee. The Monitoring Agent shall receive a fee of $14,500.00 from the Developer. Of this amount, 50% shall be paid upon of execution of this Agreement, and 50% shall be paid upon the completion of the first affordable unit lottery. Such fee shall constitute payment for the services of the Monitoring Agent with respect to the Limited Dividend Requirement and the initial sales of the Affordable Units. Thereafter, for the resale of each Affordable Unit, Monitoring Agent shall receive a fee of one percent of the maximum Affordable Unit Sales Price, to be paid by each Seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring the sales transaction as provided in this Agreement. Such resale fee shall be payable for all transfers of Affordable Units, including those to the Municipality, an eligible purchaser or an ineligible purchaser. If the Monitoring Agent's fee is not paid o at the time of closing, the Monitoring Agent shall be entitled to payment from the purchaser of the Affordable Unit and to bring an action and seek an attachment of the -2- O interest of the purchaser in the Affordable Unit. The deed rider attached to the deed of each Affordable Unit shall contain a covenant obligating the owner of each Affordable Unit to make these payments. FHLBB shall have no responsibility for payment of any fee to Monitoring Agent under this Agreement. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Bank or legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and.to seek an attachment, including an attachment of the interest of the Developer in the Project in connection with any action to recover its fees and expenses, and to assert the lien described in the Regulatory Agreement. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, notice to the FHLBB, and to the Municipality and/or to the Bank or legal action to compel the unit owner to comply with the Orequirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent m the event enforcement action is taken against the unit owner thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and in any action to seek an attachment of the relevant unit to secure payment of such fees and expenses and to assert a lien against the unit as provided in the deed rider. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from FHLBB or the Bank in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $20,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against Developer. 4. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is 99 years after the sale of the first Affordable Unit. The term of this Agreement shall end on the later of(a) six months after the 99th full year after the sale of the first Affordable Unit or, (b) after the all the requirements under deed riders have been complied with, including the obligation of owners upon the date of expiration to make payments to the Municipality upon the sale of their units. O -3- O 5. Responsibility, of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indemnity. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence.. 7. Applicable Law. This Agreement, and the application or interpretation of this Agreement, shall be governed by the laws of The Commonwealth of Massachusetts. 8. Binding Agreement. This Agreement shall be binding on the parties to this Agreement, their heirs, executors, personal representatives, successors and assigns. In the event that the Monitoring Agent shall cease to exist under this Agreement, then a successor Monitoring Agent may be appointed by FHLBB and the Municipality. 9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. O O -4- OIN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed as of the date first written above. DEVELOPER Meetinghouse Commons LLC By: Thomas D. Zahoruiko, its Manager. CITIZENS HOUSING AND PLANNING ASSOCIATION, INC. By: Aaron Gornstein Its Executive Director O O -5- 1 THOMAS D. ZAHORUIKO MEETINGHOUSE COMMONS LLC 121 Carter Field Road, North Andover, MA 01845 Tel: 978-687-2635 Fax: 978-689-2310 Town of North Andover Zoning Board of Appeals c/o Mr. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 01845 September 27, 2004 �. RE: Meetinghouse Commons Plans Dear Mr. Nicetta: Per our discussion last week and my request of your secretary a few weeks ago to appear at the October 12, 2004 Zoning Board meeting to confirm satisfaction of pre-construction conditions for Meetinghouse Commons, attached is your requested copy of the final plans,with recording information from North Essex Registry of Deeds(plan#14829). These plans are the same final plans which were approved and endorsed in October 2003 per the attached correspondence from October 2°d(VHB) and i 3'd(Meetinghouse Commons LLC), 2003. I will forward to you on Thursday a memo addressing any outstanding pre-construction conditions with the intent of satisfying those conditions prior to the October 12 meeting, so that unit construction can begin as individual building permit plans are subsequently reviewed by your office and . issued an individual building permit. Please contact me with any questions or concerns. Sincerely, �mas D. Zahoruiko, Manager "113eetinghouse Commons LLC Cc: Heidi Griffin,Community Development Director OL� � IS � U SEP 2 8 2004 D BOARD OF APPEALS VLI. C.Crmj J•CrrPl vria IIV.JV6J I .L Transportation Land Development Environmental ' Services l • ■ nnap MAUM linnevomon I energy creating ruwn tar our dicnts and beneHy for our a mmuuvues October 2,2003 Vartacce H ee� n Rrud{22, Inc. Ref: 06716.49 j Mx.Robert Nicetta Building Commissioner/Zaavng Officer Community Development&Services Town of North Andover 27 Charles Street North Andover,MA 01645 i Re: Comprehensive Permit Application Review for Meeting House Comj== North Andover,MA Dear Bob, Vanasse hlangen Brustlin,Inc.(VHB)has received a Seal set of plans prepared by MHF Design Consultants,Inc.(dated November 12,20M)for the above referenced project. As You are aware,VM issued a letter dated May 9,2002 stating that no additional engineering review was required at that time. You have requested that VHB provide a final review of the design plans. VHB also received additional correspondence from the applicant. This correspondence appears to have addressed comments made by the North Andover Department of Public Works after VHB's May 91'letter. VI-M has reviewed file plans,our previous engineering reviews and the applicant's responses. The applicant appears to have adequately addressed all of WM's comments. There do not appear to be any significant changes to the plans that reqadditional engineering review at this time- If you have any questiow or aoncems,please call me at your convenience. Very truly yours, VANASSE HANGEN BBRUS'TL1N,INC. Timothy B.McIntosh,P.B. Project Manager—Highway&Municipal Engineering 101 Walnut Street Post office Eva 9151 waterwwrt,Mamichusetts 02471-9151 �� �4uurrio��oevet�a.�><eimawuK astaoame 617.9243770v v FAX 617.924.22" R`V �dtb OCT 02 2003 W., t MEETINGHOUSE COMMONS LLC 185 Hickory Hill Road North Andover,MA 01845 978-687-2635 fax 978-689-2310 October 8, 2003 Mr. Robert Nicetta, Zoning Officer,and Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Endorsement Plans for Meetinghouse Commons at Smolak Farm Dear Mr.Nicetta and Zoning Board of Appeals: Per our discussion last Friday, October 3d,attached is the mylar endorsement set of plans for Meetinghouse Commons. As we discussed, I am hoping that these plans can be endorsed at the October 14, 2003 ZBA meeting, so that we can commence work shortly. Please contact me with any questions or concerns,or if I can help in any way in expediting this endorsement. Thank you for your timely response and attention to this matter. Sincerely, D. Zahoruiko,Manager eetinghouse Commons LLC SEP-24-2004 10:43 From: To:9786889542 P.1/27 f FACSIMILE'TRANSMITTAL SHEET SMOLAK &VAUGHAN LLP .YE � PERSON OFFICE PARK 820 TURNPIKE STREET,SUITE 203 MAIN NUMBER: (978)327-5220 NORTH ANDOVER,MA 01845 FAX NUMBER: (978)327.5219 FROM: John T. Smolak, Esq. CLIENT&: DAI*E: September 24,2(N14 MATTER 0: 111L'1N1BER OF PAGES SENT(lncluding(:over Sheet): Thomas J. Urbelis, Urbelis kicldstecl, (617)338-0122 (617)338-22W F.Sq. LLP Ellen Mclutyre,Chair A)ntng Board of (978)688-9542 (978)688-9541 COMMENT'S: ME FINGI•IOUSE COMMONS IF YOU EXPERIENCE ANY PRORTEMS wrrH.'l'.H1S 'I*RAN5M15S10N OR DO NOT RECEiVF.ALL PAGES,PLEASE CALL(978)327-5220. This te•lecopy is awmey-client privileged and contains confidential infoi-snatiotn inlondcA only for thu person(s) numed above.`Any other distribution,copying or disclosure is strictly prohibited.If you have received this telecopy in error,please notify us immediately by telephone and return the original transmission to uK by mail without making a copy. pC� C� C� Od � SEP 2.4 2004 D BOARD OF APPEALS SEP-24-2004 10:43 From: To:9786889542 P.2/27 SMOLAK & VAUGHAN LLP Attorneys at law .ieffercon Office Park 820 Turnpike Street,Suite 20:1 North Andover, Mammehusetts o1845 Telephone 978-g27-522 ► Harsimile 978-327-5219 Jolui T.Sniolak,Esq. Direm 978.327.5215 Emu&jamnlak((lSmmlAVaughan.com September 24,2004 VIA FAX AND E-MAIL Thomas J. Urbelis, Esq. Urbelis& Neldsteel, ll_.I.P 155 Federal Street Boston,Massachusetts 02110 RE: Approval of Form of Regulatory Agreement and Deed Rider Comprellessive Permit,doted May 24,2(x)2 Project: Meetinghouse Commons Property: South Bradford Street,North Andover Applicant& Owner. Mretinahouse Commons J J-k Dear Attorney Urbelis: This firm represents the Applicant, Meetinghouke Commons UC, regarding the above-rcferena:d project. In accordance with the Comprehensive Permit decision,I am submitting a Form of Regulatory Agreement.and need Rider(Now England Fund)for Town Counsel and Zoning Boatd of Appeak review and approval. Since the next.meeting of.the Zoning Board of Appeals is on October 12,2(1(14,1 request that you review and approve the attached forms of Regulatory Agreement and Decd Rider, and provide the.Board with a letter confirming your approval of the same as to form for the Meetinghouse Commons project The Comprehensive Permit Decision docs not require approval of the draft Monitoring Services Agreement,but we have included the came for your rccor&. The Monitoring Agreement will be executed by CITAPA.and the Applicant shortly. As to the Regulatory Agreement,the enclosed forth is substantially similar to the form of regulatory agreement you had approved for the Kittredge Crossing Project, subject to certain modifications to the Discount Rate and Res-,de provisions of the draft. Changes were made to those provisions hecause in our experience and in the experience of the monitoring agent,CHAPA,the Discount Rate applied to the sales price ror a resale unit would sometimes result in a resale price which is in exam of that permitted under the affordability provisions of Chapter 40B. Accordingly,we have modified these provisions to provide that the Resale Pries:shall be determined by CHAPA and that such SEP 2 4 2004 D BOARD OF APPEALS SEP-24-2004 10:43 From: To:9786889542 P.3/27 ,SMOLAK&VAUGHAN LLP Thomas J. Urbelis,Esq. September 24, 2(X)4 price shall be in ac curdance with the both the statutory affordability provisions under Chapter 40.1'3 and with the New England Fund Program. These change%are col sistent with the'NF..F Program,Chapter 4013 and the Comprehensive Permit Decision,and are also consistent with changes made to a Regulatory Agreement and Deed Rider approved with respect to a 278-unit Comprehensive Permit projoul currently being developed by Pulte tlomcs in Grafton when:I had served as counsel to tho londor on that project. Please contact me immediately should you need additional information of if you have any questions. Thank you for your assistance with this matter. (Very truly yours, I John T. Smolak rrS/ cc:Town of North Andover"Zoning Board of Appeals Thomas D. Zahoruiku,Manager,Meetinghouse Conunons, LLC SEP-24-2004 10:43 From: To:9786889542' P.4-27 RWULATORV AGREEMENT [FHI, B-NCW RNCi.AND FUND] For Ownership Projects This Regulatory Agreement(this"A.greement'l is made this day of Sentemher, 2(X)4 by Meetinghouse Commons.LLC, a Massachusetts limited liability company having sin address at JU Garter Field RoW.Norih_A�telnvca. Massachusetts 01845 ("Developer")and Salem Five Cents Saving Bank,of 210Ecsex,5trect,5alcm.Massachusetts. Q19 i!U. Attn:_Mark H. Leff.Senior Vice President(the"Dank'),a.member institution or the Federal Horne Loan Bank of Boston. BACKGROUND: A. The:Developer intends to construct an S&unit homeownership development on a 32,02-acre site off South l3radforJ and Dale Simi in North Andover,Massachusetts, more particularly described in Exhibit A attached to and made a part of this Agreement(the"Project"); B. The Developer has received a comprehensive permit(the"Comprehensive Permit")from the"Zoning Board of Appeals for the'l'own of North Andover(the-Municipality".) under Chapter 40X3 of the M.assachusett~c General Taws,which permit is recorded at the Essex North District Registry of Thede in Hook 72(10. PagC 148(the"Registry"). C. The Comprehensive Permit has specified that 22 units,or 21%of the total units in the Froject will bo,affordable units(the"Affordable Units'l which will be subject to this Rogulatory Agreement to restrict the sale of the Affordable Units to qualifying low or moderate income income buyers pursuant to the Fcdcral Home Loam Btu*of Boston's New England Fund ("NEF")Program and Chapter 40B. D. Pursuant to the terms of chis Regulatory Agreement, the Affordable Units will he sold to households earning no more than eighty percent(80°.b)of the median income,by household size,for the Yawrence.MA-NH PUS A Area(the"Rase l comae")as published from time to time by the Department of Housing and Community Development of the Commonwealth of Massachusetts or successor agency (."llHC.D"). E. The Project is being financed under the Federal Homme Loan Bank of Boston's Now England Fund("NL,'F*)and the NEF requires that the Developer provide the number of Affordable Units described above; F. Pursuant to the requirements of.the Comprehensive Permit and this Regulatory Agreement,the Developer has agreed to retain Citizens' Housing and Planning Association,Inc. (the"Monitoring Agcnt")to perform monitoring and enforcement services regarding compliance ol'the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement 1 D SEP 2 4 2004- 00ARD OF APPEALS SEP-24-2004 10:43 From: To:9796ee%42 P.5/27 C. The Affordable Units shall be specifically designated in the Master Deeel establishing at Meetinghouse Commons Condominium,which Master Deed shall be recairded,at the Registry prior to occupancy of the Units. The Affordable Units are shall be referred to as the Affordable Units in the Master Decd. NOW,THEREFORE,in consideration of the agreements and covenants set forth in this Agrwinent.and other good and-valuable consideration, the receipt and sufficiency of which are acknowledged..the Developer and the Bank agree and covenant as follows: 1. Unit Designation. The distribution of the Affordable Units by unit size shall be as set fnrth below: 2BR Number of,Units 22 Units/Lots Nos. Initial Market Appraised Value S Initial Affordable Price(the initial $ certified Sale Price) The Certified Sale Price of.an Affordable Unit shall be the prix such that a household earning the Base Income for a family of four would pay no more titan 30%of gross income for the sura of annual debt service on a mortgage of 95%of the Certified Sales Price(including principal and interest at current interest rates)plus property taxes,insurance and any c ondominiunt/hocncowner a so ciatian fres. 2. Affordability. rxcept as specifically provided in the Deed Rider attached as Exhibit B,the Affordable Units.shall he cold to households which have an annual income equal to or less than the Bunce income as adjusted from time to time according to DHCD guidelines. The.first sale of an Affordable Unit by the Developer shall be at a price not in excess of the initial Affordable Price set forth in Swtion 1 of this Agreement for that Affordable ,"Unit. Subsequent sales of Affordable Units shall be for sale prices as determined by the Monitoring Agent under the definition~sel forth in this section and in section .I, above(the "Maximum Sale Price"). 3. feed Riders. At the time of sale of the Affordable Units by the.Developer,the Developer shall execute and shall as a condition ol'sale cause the purchasers of the Affordable Units to execute a deed rider substantially in the form of Exhibit B attached to and made a part of this Agreemcmt(each a"Deed Rider"). Each Deed hider shall require the unit owner at the time he/shc desires to sell the Affordable Unit to notify the Monitoring Agent so that the Monitoring Agcnt can make a determination of the Maximum Rcsalc Price. The owner of the Affordable 2 SEP-24-2004 10:44 From: To:9786BB9542 P.6/27 Unit must thereafter offer the unit to the Municipality at the Maximum Resale: Price. The. Municipality may or may not txtrcist its right-of-first refusal at its sole discretion,and if not,tilt seller must find a purchaser who meets the income guidelines. 1.f. the Affordable Unit owner is unable to find an eligible purchaser within a 120 day period from the date the Affordable Unit WA.5 put on the market,as determined by the date of the first advertisement for sale,or the date an agreement was signed with a listing broker to market the Affordable Unit. the seller can sell the Affordable Unit to any person, regardless of his/her income and at any price,free of any future resale restrictions,provided that the difference between the actual resale price and the Maximum Resale Pries;at the time of sale shall lx;paid to the Municipality for deposit in an affordable hosing fund to be used by the Municipality to support other affordable housing within the Municipality. The Deed Rider requires the.Affordable Unit owner and any purchaser to execute. at the time of resale a similar Deed Rider which shall be attached to and made a.part of the deed .from the owner to file purchaser,so(1181 the affordability of each Affordable Unit will be preserved each time that subsequent resale of the Affordable Unit occurs during the period of affordability specified in this Agrewnent. 4. iv;tlundJjJWtalion. Developer agrees that the profit to the Developer or to the partners,shareholders,or otter owners of Developer or of the Project shall not exceed twenty percent(20%)of total development costs of the Project,exclusive of development fees(the "Allowable Trott"). Upon issuance ol'a final Ccrdlicute of Occupancy firr all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development cost%together with a statement of gross sales tcvcnucs from the Project received by the Developer, to date certified by the Developer("Certified Costs tend Income Statement'). if fill units in the Project which are offercd'for sale have not been sold as of the date the Certified Cast and Income Statement is delivered to the Monitoring Agent,tilt Developer shall at least once every ninety(90)days thereafter,until such time as all of the units which are offered for sale are sold,deliver to the Monitoring Agent an updated Certified cost and Income Statement. After all units in the Project which ere offered for sale have been sold,the Developer shall deliver to the Monitoring Agent a final Certified Cost and income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality for deposit ill an affordable housing fund to he used by the Municipality for the purposes of encouraging, creating or subsidizing the exmstnrction or rehabilitation of affordable housing elsewhere in the Municipality. The Allowable Profit shall be measured as the e;xeesm of certified income,less any brokerage fees and commissions and swilling expenses over exrtified costa and less all development costs related to the Project including costs incurred by the developer as administrative and overhead expenses which do not exceed four percent(4%)of total development costs,excluding such administrative and overhead costs. Acceptable development cost%include,but are.not limited to,the cost of site acquisition,defined as that land value which can he underwritten by the Project and which can bt supported by the subsidizing entity's appraisal upon which its construction loan ik based. 5. AffirAnativc Marketing. The Developer shall not discriminate on the basis of race, creed,color,sex,age,handicap,marital status,national origin or any othor basis prohibited by 3 SEP-24-2004 10:44 From: To:9786889542 P.7/27 law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach eiTort,to Itxal churches,social service and civic organizations:ts well as local and area-witle newsprint media where minority households are most likely to be contacted. This outreach effort must continue fora period of at least 60 days prior to the-selection of buyers for the Affordable Units. The, Developer agrees to maintain for at least five(5)yours following the sale of the Affordable - Units,a record of all newspaper ads,outreach letters transluticros,leaflets and any other outreach efforts which may he inspected by the Monitoring Agent or the Municipality. 6. Recx�rdine. Upon exec,'utitm of this Agreement,the.Developer shall immediately cause this Agreement to be recorded c►r filed with the Registry, Upon recording and/or filing as applicable, the Developer shell immediately transmit to the Bank and the Monitoring Agent evidence of such recording and/or filing. 7. presentations. '11c DeveloN-,r represents,covenants and warrants as follows- (a) The Developer(i)is a limited liability company duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this state, (ii)has the power and authority to awn properties and assets and to carry on its husinecs as now being conducted,and (iii)hats full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i)will not violate or,as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body,and(ii)will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note or other instrument to which the Developer is a party or by which it or the Project is bound,and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will,at the time of execution and delivery of this Agreement,have good and marketable title to the Project free and clear of,any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement,any loan ducvments relating to the Project,or other permitted encumbrances. 8. Governing Law/Amen e e i ' . This Agreement shall be governed by the laws of the Commonwealth of Massuchuselts. Any amendments to this Agreement must be in writing and executed by all of the parties to this Agwernent. The invalidity of any clause, part,or provision of this Agreement~hall not affect the validity of the remaining portions of this Agreement. in the event of any ambiguity or dispute as to the interpretation etation of any provisions in this cownt,then this A ement shall be interpreted in Accordance with the en � l� T generally Y accepted practices at.the time of issuance of the prpicct eligibility letter. 9. Monitoring AW . The Developer shall retain the Monitoring Agent for purposes of monitoring Developer's perlbrmance tinder this Agreement purstuuit to an agreement acrce.pbible to the;Monitoring Agent and tile,Bank. All notices and report.~required to be 4 SEP-24-2004 10:44 From: To:9786889542 P.8-'27 submitted under this Agreement shall be submitted dirwly to the:Monitoring Agent. The Monitoring Agent shall have authority to act in all matters relating to this Agreemcut. 10. Ngtjo,.. All notices to he given pursuant to this Agreement shall he in writing and%hall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties to this Agmcment at the addresses set forth below,or to such other place as a party may from time to time designate by written notice with a copy to the Monitoring Agent: Developer: Meetinghouse(:)mons, LLC 121 Carter Field Road North Andover,Massachusetts 01845 Atm: Thornas,D. Zahoruiko,Manager Bank: Salem Five Cents Savings Bank 210 Essex Street Salem,Massachusetts 01970 Attn: Mark H.Lc;ff,Senior Vice President Monitoring Agent: Citizens Housing and Oanning Association,Inc. I R Tremont Street Boston,Massachusetts 02108 Attention: Excvutive Director 11. •(•fit, The term of this Agreement shall be until ninety-nine years terminating with respect to cacti of the Affordable Units on the date on which the Decd Ridt:r attached m Exhibit 8 is no longer applicable to such Affordable Unit. Upon the expiration of the term of this Agreement,each of the then owners of Affordable Units shall he bound to pay to the Municipality(a)all proceeds of sale at the time of sale in excess of the Maximum Sale Price of such unit at the time of sale as if such unit were still subject to the provisions of.this Agreement,which rale shall he at a.rmi length and for the fair market value of such unit,or(b)a payment by refinancing or from other sources to the Municipality in the same amount as the Municipality would receive if such unit were still subject to the provisions of this Agreement in the event of a sale at fair market value on the date of payment the expiration of the term of.this Agreement. The provisions of this section of this Agreement shall survive the expiration of the term of this Agreement. 1.2. Sucecssp and Asci n. , The Developer intends,dcclams and covenants on ---• e � pe behalf of itself and its successors and assigns(i)that this Agreement and the covenants, agreements and restriction contained in this Agrccmcm shall he and are covenants running with the land,encumbering the Project for the tern of this Agreement,and are binding upon the 5 SEP-24-2004 10:44 From: To:97868139542 P.9-27 Developer's successors in title,(ii)are not merely personal covenants of the Developer.and(iii) stoall bind the Developer,its successors and assigns for the term of,this Agreement. Developer agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall he deemed to be satislied in full and that any requirements of privity of estate are also deemed to he satisfied in full. .13. Default. If Any default,violation or breach by the Developer under this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Developer thereof,then the Monitoring Agent may send notification to the Flank and the FHLJBB that the Developer is in violation of the terms and conditions of this Agreement. The Bank and/or the I:HLBB may exercise any remedy available to them,including calling its advance under the;NEF or increasing the interest rate on such advance. The Municipality or the Monitoring Agent may also exercise any legal remedy available to them. The Developer shall pay all costs and expenses, including legal fees,incurred by Monitoring Agent in enforcing this Agreement,and,in the event or any action by the Monitoring Agent against the Developer,the Monitoring Agent shall be entitled to seek tin attric:hment against the Developer'%property including,without limitation, its interest in the Project. The Mcmitoring Agent may perfect a lien on the Project by recording/filing one of more certificates setting forth the amount of the costs and expenses due and owing un the Registry. A purchaser of.the Project of any portion of it shalt be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or porion thereof. 14. Mortgagac Consent. The Developer represents and warrants that it has obtained the consent or subordination of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions of this Agreement and that all ouch mortgagees have executed a consent or subordination to this Agreement which shall he recorded/,filed herewith. 15. Responsibility of MonitoringA cent. The Monitoring Agent shall not be hold liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and-without gross negligence. 16. d . The Developer,for itself and its successors and assigns,agrees �D.��c.�' j41�] p . t3 . g to indemnify and hold harmless the Monitoring Agent against all damages,tuna and liabilities, including reasonable attorney's fees,asserted against the Monitoring Agent by reason of its relationship to the Project anti antler this Agreement and not involving the Monitoring Agent acting in bad ,faith and with gross negligence. 17. Amendments. This Agreement shall not be amended without written consent of the Monitoring Agent. IN WITNESS WHEREOF,the parties to this Agreement have caused this Agreement to be executed as a sealed instrument as of,the date first above written. 6 SEP-24-;p04 10:44 From: To:9786889542 P.10/27 DEVELOPrR: BANK: MEETINGHOUSI:COMMONS, LLC'. SALEM FIVE CENTS SAVINGS BANK By By: Thomas D. Zahondko Mark 11. Leff Its: Manager ft%: Senior Vice President COMMONWEALTH OF MASSACHUSETTS On this_day of , 20(14, before, mc, the undersigned notary public, personally appeared Thomas I7. 7.ahoruiko, proved to.me through sali%factory evidence of Identification,which was❑driver's license,❑personally known to me.,or U personally kiaown to 3rd party witness pemonally known to me, to he the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as:Manager,for Meetinghouse Commons, LLC,a limited liability compuny. Notary Public COMMONWEALTH OF MASSACHUSETTS ,ss On this_day of , 2004, before me, the. undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which war.I1 driver's license,I I personally known to Atte,or I I personalty known to 3"d party witness personally known to me, to be the Amon whose name is sigrtt;d oil thr preceding or attached docamcat, and acknowledged to me that he siped it voluntarily for iLs stated purpose as Manager, for ,LLC,a limited liability company. Notary Public 7 SEP-24-2004 10:45 From: To:9786889542 P.11,,27 EXHIBIT A T..F.GAT-DFSCRTPTION 8 SEP-24-2004 10:45 From: To:9786889542 P.12'27 )rXHla31'1' DEED RIDER For FHLBB New England Fund Ownership Project (annexed to and made part of that certain deed(the"Teed") From Meetindouse Commons.LL ("Grantor'") TO Dated W 1TNESSETH: WHEREAS,a comprehensive permit for land in the City/Town of Nortb Andover, Massachusetts(the"Mwiicipality")has been granted under Chapter 408 of M.G.T.. for the purpose for constructing KS residential unity(the"Project")comprised of¢¢units to be sold by the Grantor at market rates.22 units to he sold to households with low and moderate incomes in accordance with the term-.,and prtwision of the Regulatory Agreement by and betweon Meetingbome Commons, LLC(the"Developer,")atxl Salem Five Cc-.uls_Savirrg��ank(the "Bunk"),ms part of the New England Fund Program(the"Regulatory Agreement")which Regulatory Agreement is dated Sopicrubur _2(ln4 and is recorded/filed with theEssex North DL-strict Registry of Deeds(tbc"Registry")in Book ,at Page ; WHEREAS,the rights and restrictions granted in this Rider to the Municipality serve the public's interest.in the creation and retention of afliirdahle houtiing for persons and families of low and moderate income.and in the restricting the resale price of property in order to assure;its affordability by future low and moderate income purchasers; WHEREAS,pursuant to the Regulatory Agreement,eligible purchasers such as the Grantee arc given the opportunity to purchase certain property at an affordable price if(lie purchaser agices to convey the property on resale to an eligible purchaser located by tate Municipality or,to the Municipality,for a"Maximum Resale Price"as specified in this Rider and in the Regulatory Agreement; WHEREAS, the Grantor, and the Grantee are participating in the NEF Program,and in accordance with the NEF Program the Grantor Is conveying that certain real property more particularly described is the Deed to which this need Ridcr is attachod("Property")to the Grantee at a eonsidcration which iti le-A than the appraised value of the Property; and 9 SEP-24-2004 10:45 From: To:9786889542 P.13/27 WHEREAS,the.Maximum Resale Price shall be determined as that price which is affordable to an eligible purchaser whose income does not exceed the Base Income as described in the Regulatory Agreement. NOW THEREFORE,as further consideration from the Grantee to the Grantor and Ilse. Municipality for the conveyance of the Property at a n affordable price in accordance with the Regulatory Agreement, the Granter,his/her heirs,suc emors and wwigna, agrees that the Property shall be suMecx to the fallowing right.~and restrictions which are imposed for the benefit of and shall he ernffirceable by,the Grantor's wmignees and designees,or the Monitoring Agent,or the Municipality, acting by and through its chief elected official. 1. Right of First Refusal. (a) When the Grantee or any successor in title to the Grantee shall desire to sell,dispose of or otherwise convey the Property,or any portion thereof, the C;rantee shall first notify the Monitoring Agent and subsequently the Municipality in writing of the Grantee's intention to so convey the Property(the"Notice'). The Noticc shall set forth the Maximum Resale Price of the Property and shall advise the Municipality of a thirty (30)day right of first refusal in favor of the Municipality. The Maximum Resale Price is equal to the amount which is affordable to an eligible purchaser whose income does not exceed the Base Income.as defined in the Regulatory Agreement. The Maximum Resale Price is equal to the appraised valuc multiplied by the Discount Rate expressed as a fraction (as opposed to a percent). Within thirty(30)days of the giving of the Notice by the Grantee,the Municipality shall notify the Grantee in writing as to whether, the Municipality is proceeding to locate an eligible purchaser of the Property or the'Municipality shall exercise its right of first refusal to purchase the Property(the"Municipality's Notice'). For the purpose of the Deed Rider,and. "eligible purchaser"shall mean a pttrehaser whose household income does not exceed the Base Income as defined in the Regulatory Agreement,and who,if locrated by the Municipality, is ready and willing to purchasc the Property within ninety(90)days after the Grantee gives the Notice, (b) In the event that(i)thc.Municipality's Notice,states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property,or the Municipality fails to give the Munic;ipality's Notice within thirty(30)days,the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty(120)day period from the date the Property is put on the market, as determined by the date of the fits( advertisement for sale.as set forth below. The term"diligent efforts"shall mean(A)the placement of an advertisement in the real estate section of at least.one (1)newspaper of general circulation for a period of,three(3) consecutive utive weeks which sets forth a customary description of the unit for sale,a single price which in not in excess of the Maximum Resale Price:,Grantee's telephone number,and the phrase: ",Sale of unit sublecrt to vertaiin gulde ines and restrictions with respect to the maintenance and retention of affordable huasing for lwuvaholdc of low and moderate income," and(I3)the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to locate an eligible purchaser within one hundred twenty (120)days from the date the Property is put on the market,the Grantee may convey the Property to any third party at fair market value, frac of all restrictions set forth in this Deed Rider, provided,however,all consideration and payments of any kind received by the rnntee,for the conveyance of the Property to the third party which exceeds the Maximum Resole Price shall be 10 SEP-24-2004 10:45 From: To:9786889542 P.14/27 i immediately and directly Paid to the Municipality atter review by the Monitoring Agent. 'Upon receipt of this excess amount,if any,the Municipality shall issue to the third party and to the Monitoring Agent a.certificate in recordable form(the"Compliance Certificate")indicating the Municipality's receipt of the excess amount. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or reregistered with the appropriate Registry District of the Land Court and such Compliance O rtificatc may be relied upon by the then owner of the property and by third parties us constituting conclusive evidence that such excess amount, if any,has been paid to the Municipality,or that no exc:em amount is payable,and(fiat the rights.restrictions. agreements and covenants set forth in this Deed Rider are null and void. T6c sale price to a third party shall be subject to the Monitoring Agent's approval, with due consideration given to the value set forth in the appraisal accompanying the Notice and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirement%of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of an acceptance by the Monitoring Agent of the Municipality's Compliance Certificate. Funds received by a Municipality under this paragraph shall be deposited in a affordable housing fund to be used by the Municipality to support other aMirdable housing within the municipality. c 1n the event the Munic� alit ,within said thirty 3l) da period, notifies O P' Y Y(- ) Y the Grantee that the Municipality is proceeding to locate au eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property, the Municipality may locate an eligible purchaser,who shall purchase the Property at a price not in excess of the Maximum Resale Price subject to a Deed Rider,within sixty (60)days of the date that the Municipality's Notice is given,or the Municipality may purchase the Property itself ar a price not in excess of the Maximum Resale Price within sixty(60)days of the date that the Municipality's Noticc is given. if more than one(1)eligible purchaser is located by the Municipality,the Municipality shall conduct a lottery or other like procedure to determine which eligible purchaser shall be entitled to the canveyallut;of the Property. (d) If an eligible purchaser is selected to purchase the Property,or if the Municipality elects to purchase the Property,the Froperty shall be conveyed by the Grantee to such eligible purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from -r nt r x r n t and payable on the all enLumbrances except i such taxes for the then c.n re year u. are of due pO Y PY Ibettermentsac ., after the date of the deed, ii an lien for municipal .seised date of delivery of the d ,( ) y p Notice,(iii)provisions of.local building and zoning laws, (iv)all casements, restrictions, covenants and agreements of record specified in the Used from the Grantor to Grantee,(v)the .Regulatory Agreement which cannot be amended without the consent of the Monitoring Agent, (vi)such additional casements,restrictions,covenants and agreernenu.of record as the Municipality and the Monitoring Agent consent to,such consent not to be unreasonably withheld or delayed,mud(vii)in the event that the Property is conveyed to an eligible purchaser,a Decd 'Rider satisfactory in form and substance to the Monitoring Agent which the Grantee agrees to annex to said deed. e Said deed shall be delivered and thep urchase price paid(the"Closing")at the Registry,or at the option of the eligible purchaser(or the Municipality,as the case may be,if the Municipality is purchasing tlnc Properly),exercised by written notice to the Grantee at least it VIII SEP-24-2004 10:45 From: To:9786889542 P.15/27 five (5)days prior to the delivery of the deed,at such other place as the eligible purchaser(or the Municipality,as the case may be,if the Municipality is purchasing the Properly),may designate in said notice. The Closing shall occur at such time and on such date as shall be cp ecified in a written notice from the eligible purchaser(or the Municipality,as the cake may be, if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5)days after the date on which such notice is given,and if the eligible purchaser is a purchaser located by the Municipality,or if the Municipality is purchasing the Property no later than sixty(60) days after the Municipality's Notiec is given to the Grantee. (f) To enable Grantee to make conveywicx;as provided in this XX-%W hider, Grantee may if he/she so desires at the time of delivery of the decd, use the purchase:rnoney or any portion thereof to clear the title of any or all encumbrances or interests;all instruments so procured to be recorded simultaneously with the delivery of said deed. (g) Water and sewer sharps and Lamas for the then currant tax period shall he apportioned and fuel value and any c*mmon areas charges or association fees,if any,shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be.the purchase price payable by the eligible purchaser or by the Municipality. (h) Full possession of the Property free from all occupants is to be delivered at the time of the Closing,the Property to be then in the same condition as it is in on the date of the Grantee's Notice,reasonable wear and tear only excepted. (i) If Grantee shall be unable to give title or to make conveyance as above stipulated,or if any change of condition in the Property,not included in the above exception shall occur,then the Closing shall be extended for up to thirty(30)days and Grantee shall remove any defect in title or restore the.Property to the condition required by this Deed Rider. The Grantee shall use best efforts to remove,any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The eligible purchaser(or the Municipality,as the case may be,if the Municipality is purchasing the Property)shall have;the election,at.either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction,in which ease the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause,if the Property 4111111 have been taken by a public authority,then the Grantee shall,unless the Grantee has previously restored the Property to its former condition,either: (i) pay over or assign to the eligible purchwwr or the Municipality,as tbo;casu'may be,on delivery of the deed,all amounts recovered or rc covurable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration,or (ii) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the;condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned,give to the eligible purchaser or to the 12 SEP-24-2004 10:46 From: To:9786889542 P.16/27 Municipality,as'thc case.May be,a credit against the purchase price,on delivery of the deed,equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. 2. Re%aleand TransfeCRostrictios. Except IS Otherwise stated in this Agreement, the Property or any interest therein,shall not at any time be sold by the Grantee, the Grantee's successors and uasigns,and no attempted sale shall be valid, unless such sale or conveyance complies with the following requirements: (a) the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser(as located and defined in a000rdanc a with Section 1 above)or the Municipality,as the case may be,to the then owner of the Property for and in conawdon with the transfer of such Property,prior to customary closing adjustments for fuel,taxes.or similar items, shall not be in excess of the Maximum Resale Price for the Property. if the Property is conveyed to an eligible purchaser,a ccrtilicate(the"Eligible Purchaser Certiticae") shall be obtained and recorded,sighed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate shall refer to the Property,the Grantee,the cligibile purchaser thereof and the Maximum Resale Price;therefore,and state that tlx:ptolwcecl conveyance,sale or transfer of the Property to the eligible purchaser is in compliance with the Deed Rider and the Regulatory Agreement. There also shall be recorded a new Deed Rider executed by the eligible purchaser.The Eligible Purchaser Certificate shall certify that the new Deed Rider is satisfactory in form and substance to the McmitoringAgent. if the Property ix conveyed to the Municipality, a Certificate(the"Municipality Purchaser Certificate")shall be obtained from the Monitoring Agent and signed and acknowledged by the Municipality and the Monitoring Agent and recorded with the Registry of Deeds,which Municipal Purchaser Certificate shall refer to the Property,the Grantee,the Municipality, the Maximum Resale:Priceand state that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights,restrictions, covenants and agreements contained in this Deed Ridex. There also shall he recorded a new Deed Bider which Deed Rider shall be satisFactory in form and substance to the Monitoring Agent. if the Property is conveyed to a third party in aecordaive with Section 1.,the Monitoring Agent shall execute and deliver an acceptance of the Compliance Certificate in accordance with Section 1. (b) Any good faith purchaser of the Property,any lender or other party taking a security interest in such Property and any, other third party may rely upon a Compliance Qrtifiwte accepted by the Monitoring Agent or an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance;of the Property, provided,in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or othrr instrument conveying the Property upon such resale shall not be greater than tlx:maximum permitted price stated in the Eligible Purchaser Certificate Or the Municipal Purchaser Certificate as the case may be. If.the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be subject to the Regulatory Agreement and the need from the Municipality shall contain a Deed Rider in form and substance satisfactory to the Monitoring Agent together with m Fligiblc Purchaser Or iirmate from the Monitoring Agent. 13 SEP-24-2004 10:46 From: To:9786ee%42 ' P.17/27 (c) Within ten(10)days of the closing of the conveyance of.the Property frau Grantor to Grantce,the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the decd of tits Property, together with Information as to the place of recording thereof in the public;records. Failure of the Grantec,or Granter's sumvssors or assigns to comply with the preceding sentence shall not affect the validity of'such conveyance. (d) Notwithstanding anything to the contrary contained in this Decd Rider, the Mturimum Resale Prirc shall not be less than the purchase price paid by the Grantee which at the time of purelim,complied with the rcquircumi s of the preceding dwd rider and of the Regulatory Agreement and which is recited in an Eligible Purchaser Certificate or a Municipal Purchaser Certificate:recorded/filed with the Registry plus the ursly of approved capital improvements and marketing expenses,as determined by the Monitoring Agent. (e) The Grantee understands and agrees that nothing in'this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by the Municipality, the Monitoring Agent or any other person or entity that the Grantee shall actually receive the Maximum Resale Price for the Prn rty or any other rice for the Properly. � P P 3. Rpslriclicros Against Ie.etiine,nd Junior Rocuillbrancc s. The Property shall not be leased,refinanced,encumbered(voluntarily or otherwise)or mortgaged without the prior written consent of the Monitoring Agent, provided,however, that this provision shall not apply to a first mnrtpge granted in connection with this conveyance for a principal amount less than the price approved by the Monitoring Agent in the Eligible Purchaser Certificate,the Municipal Purchase Certificate. Any rents,profits,or proceeds from any transaction which has not received the prier written consent of the Monitoring Agent shall be paid Ln and be the property of the Municipality for deposit into a fund for affordable housing. In the event that the Monitoring Agent, in the exercise of its absolute discretion,u)n%entc to any such lease,refinancing,encumbrance or mortgage,it shall be a condition to such concent that all rents,profits orP roceeds from such transaction which exceed the carrying cost.,of the Property as determined by the Monitoring Agent in its sole discretion shall he paid to and be the property of the Municipality for deposit into a fund for affordable housinU. Notwithstanding the restrictions outlined in this pardgruph, any Property purchased by the Municipality,under its Right of First Refusal,may be rented by the Municipality,at its discretion,so loug as the income limits for the lessee household do not exceed the Base Income as defined in the;Regulatory Agreement funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to supportother affordable housing within the municipality. 4. Rights of Mortgaonres. (a) Notwithstanding anything in this Agreement to the contrary,but subject to paragraph 4(b)of this Agreement,if the holder of record(other than the Grantor or any pctson related to the t irantor by blood,adoption,or marriage,or any entity in which the Grantor or any related person has a financial interest(an"'Interested Party"))ol'an eligible mortgage granted to a state or national bank,state or federal savings and loan association,cooperative bank,mortgage Lompany,trust company,insurance company or other institutional leader or its successors or assigns(other than an Interested Party)shall acquire the Property by reason of foreclosure or similar remedial action under the provision%of such mortgage or upon conveyance of the Property in lieu of foreclosure,and provided that such holder has given the Monitoring Agent and the Municipality not less than sixty(60)days prior 14 SEP-24-2004 10:46 From: To:y(bbddJ"c: �•• written notice of its intention to foreclose upon its mortgage Or to accept a conveyance of the Property in lieu or foreclosure,the right.%and restrictions contained in this Agreement shall not apply to such holder upon such acquisition of the Property,any purchaser(other than an interested Parry)of the Property at a foreclosure sale conducted by such holder,or any pterchascf (other than an Interested Party)of the Property from such holder,and subject to the disposition of proceeds established in Paragraph 4(b)of this Agreement such Property shall thereupon and thereafter be free from all such rights and restrictions. For purposes of this Deed Rider an eligible mortgage shall lie a first mortgage enLumhering only the Property and in an original principal amount not to exceed ninety-Five.(95%)percent of the sale price stated in the Eligible Purchaser Certificate,the Municipal Purchase C..ertiticate recorded with the mortgagor's deed. Any foreclosing mortgagee holdinga.mortgage which is not an eligible mortgage,shalt not be entitled to the protections of this section and shall be deemed to be an owner subject to all the restrictions and obligations of an owner under this Deed Rider. (h) in the event such holder of an eligible mortgage conducts a foreclosure or other proceeding enforcing its rights under such mortgage or if the Property is conveyed to such holder in lieu of foreclosure and the Property is sold for a price in excess of the greater of(i)the surn of the outstanding principal balance of the note secured.by such inortgage plus all accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant up the terms of the rnortgago arid(ii)the Maximum Resale Price applicable on the date of the sale,such excess shall be paid to the Municipality in umsidesration.of the loss of the value and benefit of the rights and restrictions contained in this Deed Rider and held by the Municipality and released by the Municipality pursuant to this section in connection with such proceeding(provided,that in the event that such excess shall he so paid to the Municipality by such holder,the Municipality shell thereafter indemnify such holder against loss or dainage to such older resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is based upon payment orsuch excess by such holder to the Municipality in accordance hurt~with,provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such claim and shall not object to the iutervontion by the municipality in any proceeding relating thereto). In order to determine the Maximum Resale Price of the Property at the time of foreclosure or olbra proceeding,the Municipality shall consult with the Monitoring Agent,and the Maximum Resale Price shall los equal,to the prism as determined by the Monitoring Agent under flea definitions set forth in Section 1 of this Rider. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law,the Grantee assigns all its interest in such amount to said holder for payment to the Municipality. Funds Towived by a Municipality under this paragraph shell be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. 5. Covenants to Run With the PreW tty,. (a) The Grantor and the Grantee,for good and valuable consideration,the receipt and sufficiency of which is acknowledged,grant and assign to die Municipality,the Municipality's agents,successors,designees and assib►ns the right Of first refusal to purchase the Property as set forth in this Deed Rider,and to the Monitoring Agent and the Municipaiity the right to enforce the rights and resstrieflons, covenants and agreements set forth in this Heed.Rider. The Grantor and the Grantee grant to the Monitoring Agent and the Municipality the sight to enter apon hePniperty for the purpose of cnforcmg any and all restrictions,covenants and agreements unstained in this Deed hider,and of taking all 15 SEP-24-2004 10:46 From: To:97868t39542 r.17,cr actions with respect to the Property whichthe Monitortn Agent and/or Municipality may dwermine to be necessary or appropriate,with our without court order,to prevent,remedy or abate any violation of the restrictions,covenants and agreements set forth in this Deed Rider. The rights granted to the Monitoring Agent and the Municipality shall he in addition to and not in limitation of any other rights and roinedies available to the Grantor or the Monitoring Agent or to the Municipality for enforc ument of the restrictions, rights,covenants and agreements set forth in this Deed Rider. it is intended and agreed that all of the agreements,covenants,rights and reoricticns set forlh in this T)wl Rider shall he decmcd to be.covenants running with the Property and shall be binding upon and enforceable against the Grantee,the Grantee's successors and assigns and any party holding title to the Property for the benefit of and enforceable by the Monitoring Agent and/or the Municipality, the Monitoring Agent's and/or Municipality's agents, successors,designees and assigns for a period which is the shortest of(i)ninety-nine years from the date this restriction was first placed on the Property by either this Deed Rider or preceding decd rider in substantially similar form and substance,(ii)upon the recording of a Compliance Ceffificale accepted by the Monitoring Agent,or(id)upon the recording of an Eligible Purchaser Certificate and a new Deal Rider executed by the eligible purcha9er referenced in the Eligible Purchases curtificatr,which new Deed Rider is certified in the Eligible Purchaser Certificate to be in form and substance satisfactory or of a Municipal Purchas-or Certificate as set forth In this Deed Rider. The Monitoring Agent shall be entitled to a fee of three-fourths of one percent of the Maximum Resale Price of the Property to the Municipality or an eligible purchaser or an ineligible purchaser in accordance with the provisions of this Deed Rider and the Regulatory Agreement for the services performed according to the Monitoring Services Agreement(and referenced in the Regulatory Agreement). This fee shall he paid by the Grantee as a closing(Past at the time of closing,and payment of the fee of the Monitoring Agent shall be a condition to delivery and recording of its certificate,failing which the Monitoring Agent shall have a claim against the Grantee and persons claiming under the grantee for which the Monitoring Agency may suck an attachment against the Property. (b) This Vend hider and all of the agreements,restrictions, rights and covenants contained in this Decd Rider shall be deemed to be an affordable housing restriction as that tcrrn is defined in M.G.L.c. 184,ff 26,31,32,and 33. (c) The Orturlcc intends,declares and covuttanis on behalf of itself and its successors and assigns(i)that this Deed Rider and the covenants,agreements,rights and restrictions contained in this Deed Rider shall he and are covenants running with the land, encumbering the Property for the term of this Deed Rider,and are binding ulx,n the Gruntee'..5 successors in title,(ii)are not merely personal covenants of the Grantee, and(iii)shall bind the Grantee,its successors and assigns and enure to the benefit of the Municipality and their successors and assigns for the term of the Deed Rider. Grantee agrees that any and all requirements of, the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Decd Rider to ccmttitute restriction`and covenants running with the land shall he deemed to be satisfied in full and that any requirements of privity of estate are also deemed to he satisfied in full, (d) Withtmt limitation on any other rights or re4rnudies of the Grantor, the Monitoring Agent,the Municipality,their agents,successors,designees and assigns,any,-;;Ile or other transfer or cbnveyfncc of the Property in violation of the provisions of this Deed Rider, 16 To:J rWbtfU'JD e r."u SEP-24-2004 10:47 From: shall,to the maximum extent permitted by law,be voidable by the Municipality or the Monitoring Agel,t,or their agt;nl5,SuCMSOrs,dcsignocs and assigns by suit in Cquity to i;,lfOfCe such rights,restrictiolls,cOve/lallts,alld agreements. (e) Notwithstanding any other provision in this Deed'hider,after the end of the ninety-ninth year from the date this restriction was first placed on the Property by either this Deed hider of a precedutg dood rider in substantially similar form and substance(the "Tcttiuination Datol.the dicrl owner of the Property dtcn subject to this DcW- Rider may sell the Property at a prix;equal to the fair market value of the Property us of the date,)f sale and not subject to this Ikea Rider,provided,however that the owner,at the time of such sale must pay to the Municipillity the difference between the.fair market value as so determined and the Maximum Resale Price which the owner could realize in a sale to an Eligible Purchaser were this Deed Rider to have remained in effect,and upon such payment the Property will be deeded free and clear of this Deed Rider, to the event of any failure of any owner to make a payment under this Deed Rider the Municipality shall have the right to wk payment from the Purchaser of the Property,and his/her successors and assigns,which right shall be prior to the encumbrance of any mortgage upon the Property. The owner of the Property alter the.Termination Date khall have the right to.make a payment by refinancing or from other sources in the same amount to the Municipality as the Mu,lieipality would receive were thio Deed Rider to have remained in effect in the event of a salt; at fair market value on the date of payment after the Termination Date,and in the event(If.uch payment the owner shall hold the Property free and clear of this Deed Rider. The provisions of this paragraph shall survive the expiration of the.term of this Decd Rider. 6. Notice. Any notices,demands or requests that may be given under this Decd Rider shalt be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail,postage prepaid,return receipt requested, to the parties at the addresses set forth below,or such other addresses as may be specified by any party by such notice. unicipuli : North Andover Zoning Board of Appeals 27 Charles Street North Andover,,Massachusetts 01845 Attention: Chairperson Grantor: Meetinghouse Commons, LLC. 121 Carter Field Road North Andover, Massachusetts 01,845 Atte: Thomas la. Zahoruiko,Manager Cirant�,c: 17 SEP-24-2004 10:47 From: 10:7r0000»-+� Monitoring Aeent; Citizens Housing and Planning Association, inc. 18 Tremont Street .Boston, M'assachucettc 02-108 Any such aoticc,demand or'rcqucst shall be dcctned to have been given on the day it is hand delivered or mailed. 7. Further Assurenc,trs. The Grantee agrws from lime to time,as may be reasonably required by the Monitoring Agent or the Municipality,u► furnish the Monitoring Agent and the Municipality with a written statement,signed and,if requested,acknowledged,setting forth the condition and occupancy of the Property,information conmrning the resale or the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the Regulatory Agreement for this Project, R. Waiver. Nothing unstained in this Deed Rider shall limit the rights of the Monitoring Agent and/or the Municipality to release or waive,-from time to time,in whole or in party,any of the riglits,restrictions,covenants or agreements contained in this Deed Rider with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Monitoring Agent and/or the,Municipality or designee. 9. Severability. U any provisions of this Dcrd Rider or the application thereof to any person or circumstance shall come,to any extent,to be invalid or unenforceable.the remainder of this Deed Kotler or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby,and each provision of thi%Deed Rider shall he valid and enfarc:ed to the fullest extent permitted.by law. 10. Re_.cuo_rij�ljly_eZf tFte Monitoring Aleut. The Monitoring Agent shall not he held liable for any aLtion taken or omitted under this Deed rider so long as it shall have acted in good faith and without gross negligence. 11. indemnity.The Grantor and the Grantee agree to indemuify and hold harmless the Monitoring Agent against all damages,costs and liabilities,including reasonable attoniey's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Deed Rider and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence. Executed as a sealed instrument this_day of 18 SEP-24-2004 10:47 From: T o:9 robt b9!--, e V.cr1 e r GRANTOR: GRANTF.F.: MUTINGHOUSF COMMONS,LLC By; By. Thomas D.Uioruiko Its; Manager COMMONWEALIM OF MASSACHUSETTS On this_day or , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which was 0 drivers license,n personally known to me,or n personally known to 3rd party witness personally known to me, to he the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purposr;as Manager,for , LLC,a limited liability company. Notary Public COMMONWEAL TI I OF.MASSACHUSETTS ss On this_day of , 2004, before .me, the undersigned notary public, perumally appeared , proved to me through satisfactory evidence of idenilfimion,which was 0 driver's license,I I personally known to rne•,or fl pemonalty known to 3rd party witness personally known to me, to be the person whose name is signed on the precxding or attached document, and acknowledged U) me that he signed it voluntarily for its stated purpc►se as Manager,for_ , LLC:,a limited liability company, Notary Public 19 SEP-24-2004 10:47 From: io%7fMWOVD`a MONITORING SERV CE.S A(ag EEEE MENT rr4T1,11T1-NFW FNGLAND HINDI For Ownership Project% I'H15 AGliEFMr:1V'1 is orale as of the day of October, 2004 by and between M-c ;nouscSomceons iC, aMassachusetts limited liability comoanvhavin an address at 121 ('arta Field (toad North Andover_ Massachusetts 01$45 ("Developer") and Citizens' Housing and Planning Association, Inc. with an address at 18 Tremont Street, Boston, Massachusetts 02108("Monitoring Agcnt"). Backgroum A. The rederal Home Loan Bank of. Boston ("1711TATY) has Agreed to provide a subsidized advance (the "Subsidised Ativtuice") uaider the New Fngland Fund (the "NFF") to Salem -Five-,_6ats_Sa_y_irf . alik (the "Bank") for the purpose of financing a prgloct containing 0 residential housing units located at Dalc and South Bradford Strects in North Andover,lig County, Massachusulls(the "Project"). 13. The Project has received a comprehensive permit from the 'Luning Board of Appeals of the City/Town of North An*kypr(the "Municipality") under Massachusetts General Laws. Chapter 40B (the "Comprehensive Permit") and is subject to a Restated Regulatory Agreement, dated Ocwher — 2004 hetween the Bank and the Develtgw (the "Regulatory Agreement"). C. Pursuant to the guidelines of the NEE for comprehensive permit projects, the Comprchensivi a Permit and the Regulatory Agreement, at least 22 units in the Project (the "Affordable Units") are required to be sold to households whose incomes do not exceed 80%n of the median income (adjusted fi)r household size) for the T&%xMnce Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the"Affordability Requirement")for a period of not less than 99 years. D. Pursuant to the guidelines of. the NFF for comprehensive permit projects, the Comprehensive Permit and the Regulatoty Agreement, the Developer may not receive profit in excess of20%,of total development costs of the Proicct(the"Lunited Dividend Requirement"). E. Pursuant to requirements of the Ragulalory Agreement, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of. the Developer with the Limited Dividend Requirement. -1- SEP 2420 04 D BOARD OF APPEALS SEP-24-2004 10:47 From: 10.V r==»•,c �►�,rCcmcnt For one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties,intending to bo legally bound,agree as follows: ' Wailoring Agent shall monitor the cxompliance of th Monitoring- Sctvices e pro' with the Affordabilit Requirement and the compliance of the Developer with the lett Y c9 Limitcd Dividend Ruuirrmctl,including: g: O Receipt t of cot certifications for the Project from the Developer. r. (ii) Review of (x) the adequacy and completeness of cost certifications and (y) the substantive compliance of the Project with the Affordability R' uircment and of the Developer with the Limited Dividend Requirement. (iii) Review of income certifications,deeds and deed riders with respect to initial sales of Affordable Unita. (iv) Certifying to the owners of Affordable Units as to the maximum sales prig:which a household having the Rase Income (as defined in the Regulatory Agreement) can pay for an Affordable Unit. The maximum sales prices must he locked-in at the time the marketing period commences for the affordable units. (v) Monitoring of re•salcs of Affordable Units for compliance with the terms of the applicable deal riders and issuance of certifications, as appropriate, approving;re- sales and the payment of recapture amounts. The Monitoring Agent may provide rea.imahle supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services under this Agreement shall not include any construction period monitoring. The scrvic es under this Agreement shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. 2. Monitoring.Services Fcg. The Monitoring Agent shall receive a fee of $14,500.00 from the Developer. Of this amount, 50% shall be paid upon of execution of this Agreement,25%shall be paid upon the completion of the first affordable unit lottery, and 25% shall lie paid within thirty(30) days after the issuance of the last certificate of occupancy for a Unit. Such fee shall constitute payment for the services of the; Monitoring Agent with respect to the Liruited Dividend Requirement and the initial sales (.)f the Affordable Units. Thereafter, the Monitoring Agent shall receive a tee of one percent of the maximum Affordable Unit Sales Price, to be paid by each Seller of glee Affordable; Unit at each closing as a condition precedent to closing, for the services with respect to monitoring the sales transaction as provided in this Agreement. Such fro shall be payable for :ell transfers of Affordable Unita, including those to the Municipality, an eligible purchaser or an ineligible purchaser. if the Monitoring Agent's fee is not paid at -2- i SEP-24-2004 10:47 From: 1o:7fO000»-,c the time of closing, the Monitoring Agent shall be entitled to payment front the purchaser of the Affordable Unit and to bring an action,and seek an attachment of the interest of, the purchaser in the Affordable Unit. The deed rider attached to the deed of each.Affordable Unit shall eontabr a covenant obligating the owner of each Affordable Unit to make these payments. FHLBB shall have no responsibility for payment or any fee to Monitoring Agent under this Agreement. 3. nlelic went Servicesin the event of serious or repeated violations of the substantive or roporting requirements of the Regulatory Agrccment or a .failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Bank or legal action to compel the Developer to comply with the;requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken_ against the Developer thereunder or under this Agreement. The Monitoring Agent shall he entitled to seek re-4wery of its fees and cxporucei incurred in enforcing the Regulatory Agreement against the Developer and to seek an attachment, including an attachment of the interest of the Developer in the Project in conncesion with any action to recover it.. fees and expenses,and to assert the lien described in the Regulatory Agreement. In the event of a violation or the.provisions of a decd rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforwment action against the unit owner or the unit owners successors in title,including,without limitation,notice to the FHLBB,and to the Municipality and/or to the Bank or legal action to compel the unit owner to comply with the requirements of the;relevant deed rider. lbe Corm of deed rider will provide rot payment by the unit owner of tees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder or under this Agreement. The Monitoring Agent shall he entitled to :seek recovery of its fees and expenses incurred in enforcing a decd rider against the unit owner and in any action to seek an attachment of the relevant ural to secure payment of such fees-and expenses and to amert a lien against the; unit as provided in the deed rider. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement frdnn FHLBB or the Bank in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than ;2,(10() in enforcing the provisions of the Regulatory Agreement_or to take any particular enforcement action against Developer. 4. :Lkm. The monitoring services are to be provided for the full term of the Regulatory Agreement which is 99 years after the We of the first Affordable Unit. The term of this Agreement shall end on the later of(a)six months after the Wh full year after the sale of the first Affordable Unit or, (b) after the all the requirements under decd riders have been complied •3- SEP-24-2094 10:48 From: Io:y(tibtPdtP c: r.co c with, including the obligation of owners upon the date of expiration to make payments to the municipality upon the sale of their Units, 5. gc8gonsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. IndemniLy. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, cants and liabilities, including n reasonable attorney's fees asserted against Inst the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence.. 7. Applicable Law. This Agreement, and the application or interpretation of this Agmement,shall be governed by the laws of The,CA)mmonweallh of MaswehuReus. R. Binding Agreement. This Agreement shall be binding on the parties to this Agreement, their heirs, executors,personal representatives, cuccemors and accigns. Tn the event that the Monitoring Agent shall cease to exist under this Agreement,then a successor Monitoring Agent may be appointed by kHLBO and the Municipality. 9. Headings. All paragraph headittps in this Agrremenl are for convenience of refcrenm only and art not intended to qualify the meaning of the paragraph. -4- I SEP-24-2004 10:48 From: 10:yrMnn-1�11c axed this Agreement to ' � to this Agreement have c, u. � W WITNESS WHEREOF, the parties b lx ►.duly executed as of the date first written above. DEVELOPER Meetinghouse Commons LLC Thomas D. &horaiko, its Manager. CITI7.F.NS HOUSING AND PLANNING ASSOCIATION, INC. By: Aaron Goraystein Its Executive Director -5- I ' Transportation Land Development Environmental S e V I C a a JEML 101 Walnut Street Poet Office Box 9151 Vltf5 sse 8=ew arustfiMinc, Watertmm MA 02CI-9151 Telephone 617 9241770 Fax 6179N 2286 FAX Transmittal DcliverTo: Mr.Robert Nicetta Pwaw Timothy B.McIntosh,P.E. Building Commissioner Company: Town of N.Andover VH8 Project No.: 06716.49 Telephone No.: PAX No.: 978-688-950 Original of Telccopy: Will be sent on 10-2-M bate and Thw October 2,2003 Total Number of Pages Wu4k4 Transmiud Fora: 2 RE: Meeting House Commons Bob, As requested,VHB has reviewed the final plans and has attached our final review letter. Please note that the applicant provided some additional correspondence regarding comments made after VHB's letter dated May 9, 2002 The applicant appears to have addressed our concerns. For your information,the specific information provided by the applicant includes: • Letter dated 8-19-03 from Tom Zahoruiko to Bob Nicetta • Letter dated 12-20-02 from Mark Gross to Tim Willett • Letter dated 3-20.02 from Tim Willett to Bob Ford • Letter dated 5-9-02 front Tient McIntosh to Bob Nicetta I have not provided a copy of this letter to the applicant I asaurne that you will inform the applicant and if necessary provide a copy of VHWs letter to him. If you have any questions,please call me. �uryv (7 5• XI44V� JuWt f+d� f{fc 44 'pV 1Wfi trWi0B71649fd=IT=sm ualsW4*M-10=dooThe material and the k6madon.conimbed h Bde far we infetW only/a o use of tfw cldlVl W arantity to which 4*aatdressadtrrd may oattalm ht mefat that is P 6 tagK cmwff at atdeuer*from discb m..N Ow readbrof ft masppe is not the intended nrdotu Oran emPPoyee or agent Mq=Xfi*lbr deli *g the message to dw rht+Rnoed mcWmt you are herMy notified thatlw dssedma ;dOf Wan orcopyinpof this oommuNceSdo is sttrctyprahtbiled.f you have mowed this commumeafm in arvr,Pteate no*ftWOW immediately at Vwasw ffettgen&us& Inc._by lar ar hone at r►erwtt>b.►t"tet,anal.taC E I�E o OCT 0 2 2003 13UILDING DEPT. i I Transportation Land Development Environmental Services ■ amagtnatmn I innovation I energy Creathq naalta fat our diants and benefits for our comm iWes October 2,2003 . Vanaece H=Qen Rru&" 1'nc_ Ref: 06716.49 Mr.Robert Nicetta Building Commissioner/Zoning Officer Community Development fir Services Town of North Andover 27 Charles Street North Andover,MA 01845 Re: Comprehensive Permit Application Review for Meeting House Commons North Andover,MA Dear Bob, Vanasse Umngen Brustlin,,Inc.(VHB)has received a&tai set of plans prepared by MHF Design Cortsuttarts,bne.(dated November 12,2002)for the above referenced project. As you are aware,VIM issued a letter dated May 9,2002 stating that no additional engineering review was required at that time. You have requested that VHB provide a final review of the design plans. VI-iB also received additional cozrespondence from the applicant. This correspondence appears to have addressed comments atade by the North Andover Department of Public Works after VHB's May 9"letter. VHB has reviewed the plans,our previous engineering reviews and the applicants responses. The applicant appears to have adequately addressed all of VM's comments. There do not appear to be any significant changes to the plans that require al addition engineering review at this time. If you have any questions or concerns,please call me at your convenience. Very truly yours, VANASSE HANGENBBRUSrLIN,STC, Timothy B.McIntosh,P.B. Project Manager—Highway&Municipal Engineering 101 Walnut Street Post Office Box 9151 Watatmn,Massachusetts 02471-9151 �V.tawtr�te�ofstW��onVetsaa�>estata� 677.924.7770 r FAX 617.9Z4.22a6 c R E6NVb OOCT U 2 2003 SEP 2 2 2004 BOARD OF APPEALS .---i t 1:T i" +' _n St .J ,�z ``_'i•.py ,y_,�—� S; 9 "5'i 'k�4':' �sf�1 x '7 }k 7 „'� .,_ ,,..� '. �--.--._-• ;y,.;.Y: — __�_.___ "--�— I �ef-•:s�a Xs'„- :'.: moi •-.t_ f- _ e. � <�, Y'.r�k"'`- )„ C„ �.]a:�tdyy-•„E r, Sly, ; Qa 4"trrr2�. 6 S_�"` ,rr 1 eta st y a : ,.~•,-. �, -:r3.z A Y"t :.'�,ac a y :'.:'.X �`G'�!` .`C 3?'�'^S' S°,,° w r .,.M�, .',:m •'s a +{,rs'-"1." 5/` Y r'"-`Y' _ ~` i,..$' ',.-.,s', ^'�"a.a,kv°.'�' :-�'� "n`* t rtil;.y d£Y ;.�?� :-`� yt� .„:'Y ' ',.,a Ptk+,+ .t"� rti, S"�x�'"�;~•!'� S�a3' ;s:'�.+ J't �, °' a'y' :.,.s3.; ' Eye, si i� r y> r -. :. ,a:.-:�� ,'�':-. t t.,. ;:.�.- f.: w..c -„y;u•{Y.,.$,� �;':;�,P e.rr '7 tkt t.ni tfl'k,.•�,`i'ar r ti -�'H �. �`?' ,�k``;• w^+er+.... _- ,,{Qt.., '4cxr *'S� •,i.t. :.WP ;. �rww LLr2:uh.A. h'3f'.y ,a:- r'4-,y "+u :c..:�� tS,iP F •:s C+. �.:: � 4'f ':k]•µ:-4:P .;MYy..O+, �.ii,-1x{,��'�"1 �.:F� 'i:..:.N�r ,�:�*.,. 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' .��a�'�;,,,Ah.,.: ;r 2'rs 8. �.i'"'.-;;` .5-t ..0-. .�, y -II:S;f1j-:. 5 t rk C Y• � y�r. }��. ...__. { � - J Town of North Andover cF "OR "qy Office of the Zoning Board of Appeals 02op Community Development and Services Division y ; 27 Charles Street _North Andover, Massachusetts 01845 U p�IDO�= / Tele hone 978 688-9541 D. Robert Nicetta OF HEAL ( Fax(H ( ) Building Conunissioner '� ! 978)688-9542 N Notice of Decision CD CD Year 2002 c o�, Any appeal shall be filed within (20) days after the date-of-filing of r�—'j this notice in the office of the town D o M C)o clerk. Property at: South Bradford Street i o NAME: Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 Ln 185 Hickory Hill Road ADDRESS: for premises at South Bradford PETITION: 2001-033 Street North Andover,MA-1845 HEARING(S): 10/16& 11/13/01;3/12,4/9,& 4/24/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts. This application was originally for 93 housing units(later reduced to 88 housing units) per MGL Chap. 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of North Andover, Massachusetts. The following members were present and voting: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M.Earley. Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Applicant a , Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 housing units of which 25% will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC 185 Hickory Hill Road North Andover, MA 01845 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t / ci Pae 2�of 2 Legal Notice North Andover, Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 9t6 day of October, 2001 at 7:30 PM to all parties interested in the appeal of Meetinghouse Commons, LLC, hereby applies to the Board of Appeals of the Town of North Andover, MA pursuant to M.G.L. Ch. 40B, Section 20-23 as amended, for the issuance of a Comprehensive Permit authorizing the applicant to construct a 93 unit ownership condominium project consisting of 40 townhouse and garden style units and 53 detached cottage style homes, to be called"Meeting House Commons at.Smolak Farm"on land of approximately 30 acres, located on South Bradford Street,North Andover. The project will be age-restricted to residents of a minimum of 55 years of age, and will consist of at least 25%(or 24)of the homes available as "affordable"homes. Said premises affected is property within the R-1 Zoning District. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on September 25, and October 2, 2001. Review date: -Zoo Legalnotice 2001/24 eeting kouse Commons at 5molak Farm 1 BUILDING SUMMARY t Buildiniz Ground Floor SF # Floors Total SF # of Units Single Family Cottage Homes 1000— 1600 sf 2.5 1500—2000 sf 53 Farmer's Barn (Garden Style) 14,500 sf 3-4 58,000 sf(+/-) 26 Farm House (Townhouses) 21,000 sf 2.5 52,000 sf(+/-) 14 TOTAL RESIDENTIAL DWELLINGS 93 Community Meetinghouse 3000 sf(+/-) 2.5 4,500 sf(+/-) n/a Ar r 1 1 185 �ickory'�`-ji'ii]load;North Andover MA 01 845 r phone:978.687.2635 Fax:978.689.2310 I c C Traffic Impact & Access Study Proposed Residential Development Project c Dale Street North Andover, Massachusetts Ell E E Proponent Meetinghouse Commons, LLC E C E C DJKDermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning D Two Dundee Park, Suite 301 Andover, MA 01810-3725 SEP 1 1 2001 978-474-1994 Fax: 978-474-1778 CBOARD OF APPEALS t TRAFFIC IMPACT & ACCESS STUDY 1 Proposed Residential Development Project p p D Dale Street North Andover, Massachusetts U U (� Proponent l_J Meetinghouse Commons, LLC D August 2001 Q (� prepared by U Dermot J. Kelly Associates, Inc. n Traffic Engineering/Transportation Planning L, Two Dundee Park,Suite 301 Andover, MA 01810-3725 n 978-474-1994 Fax:978-474-1778 U n 546-Rpt E n TABLE OF CONTENTS Page EXECUTIVESUMMARY................................................................................................ 1 PROJECTDESCRIPTION........................................................................................... 1 ALTERNATIVESTUDIES............................................................................................ 1 STUDYAREA..............................................................................................................2 OEXISTING TRAFFIC VOLUME CONDITIONS.............................................................2 FUTURE TRAFFIC VOLUME CONDITIONS...............................................................2 BackgroundTraffic Growth.......................................................................................2 TripDistribution........................................................................................................3 TRAFFIC OPERATION ANALYSIS.............................................................................3 Dale Street at the Proposed Site Drive.....................................................................3 ODale Street at South Bradford Street........................................................................3 MITIGATIONMEASURES...........................................................................................3 PROJECTDESCRIPTION..............................................................................................5 PROPOSAL.................................................................................................................5 ALTERNATIVES TO THE PROJECT .............................................................................6 THE EXISTING BUILT ENVIRONMENT.........................................................................7 `-� FIELD SURVEY...........................................................................................................7 GEOMETRICS ..........................................................................7 QDale Street...............................................................................................................7 TRAFFICVOLUMES...................................................................................................8 HISTORICAL TRAFFIC VOLUMES........................................................................... 10 VEHICLESPEEDS.................................................................................................... 11 QFUTURE TRAFFIC VOLUME CONDITIONS................................................................ 12 INTRODUCTION.............................................................:......................................... 12 VEHICLE-TRIP GENERATION RATES..................................................................... 13 VEHICLE-TRIP GENERATION ................................................................................. 14 I / TRAFFIC DISTRIBUTION/ASSIGNMENT................................................................. 15 UCAPACITY ANALYSIS ................................................................................................. 16 546-RPT �'} Copyright©2001 by DJK. All rights reserved. 1 UMETHODOLOGY...................................................................................................... 16 Levelof Service...................................................................................................... 16 Unsignalized Intersections.............................................................:........................ 17 TRAFFIC ANALYSIS RESULTS................................................................................ 17 Dale Street at the Proposed Site Drive................................................................... 17 [� Dale Street at South Bradford Street...................................................................... 18 U SAFETYANALYSIS ..................................................................................................... 19 STOPPING SIGHT DISTANCE (SSD)....................................................................... 19 ApproachingSSD................................................................................................... 19 ExitingSSD............................................................................................................ 19 APPENDIX ...................................................................................................................21 U U Q U n D 546-RPT " QCopyright©2001 by OJ K. All rights reserved. f� I EXECUTIVE SUMMARY U 0 0 o 0 Dermot J. Kelly Associates, Inc. (DJK) has conducted a Traffic Impact and Access oStudy for a proposed residential development project to be located adjacent to and V south of Dale Street opposite the South Bradford Street intersection in North Andover, Massachusetts. Figure 1 graphically presents the site location in relation to the local and regional roadway network. This report identifies existing traffic operating parameters on the adjacent roadway system, evaluates the potential traffic-related impacts associated with the proposed project and identifies potential traffic mitigation measures necessary oto minimize the impact of the proposed project. oPROJECT DESCRIPTION The proponent, Meetinghouse Commons, LLC presently is planning for the construction of an approximate 92-unit residential development restricted to 55 and older residents. oThe site is located adjacent to and south of Dale Street opposite the South Bradford Street intersection in North Andover, Massachusetts. Dale Street is a town-owned and maintained roadway adjacent to the project site. Current project planning calls for the proposed access drive to be located along Dale Street approximately 100 feet east of South Bradford Street. �j ALTERNATIVE STUDIES For the purposes of this report, the following alternatives were evaluated: 0 • No-Build - The No-Build alternative was examined to establish the 2006 baseline traffic-volume conditions. The incremental impacts of the proposed project may be determined by making comparisons to the No-Build alternative. The No-Build alternative assumes that the project is not built. 0 546—RPT Copyright©2001 by DJK. All rights reserved. 0 OFigure 1: Site Location Map Wes vv ,A `- '•/�;� ,r lir < o,. �,. _�. — roo i5:0 �1 '�1 \ �) �•,Iff `���� RC2.5 .33. — •\ i� •� JIB O� o M 011 Pi �- ifs ���rJ � �. � •--\ (aAA E _ -L3,P ATE Y V Jio J 1 . NORTH ANDOVER' /',~_� •,\ � ( � , `,' '�,1 � —Yv � "".� Imo, fru`' �a.F v C PO D. LL--. \j 0 1000 2000 Seale in Feet \� �(1 /�fi� ,,r���� � - � ��11� � '\ it =�•;;�� aDermot J. Kelly Associates, Inc. DJK Traffic Engineering/Transportation Planning OCopyright © 2001 By DJK. All rights reserved. r • Build - The Build alternative includes the development of the proposed project. The Build alternative is evaluated in this report and is compared to the No-Build analysis condition. The Build condition represents the increase in traffic from the. previous condition to the proposed condition (i.e., the delta impact). The Build condition includes the construction of the proposed 92-unit residential development. STUDY AREA DThe Dale Street study area includes the unsignalized intersection of Dale Street and n South Bradford Street and the new Site Drive intersection with Dale Street. EXISTING TRAFFIC VOLUME CONDITIONS Analysis of the recent traffic counts indicates that average weekday volumes are 3,839 n vpd (vehicles per day) along Dale Street west of South Bradford Street during May/June EU( 2001. During the two peak travel demand periods, which occurred between 7 and 9 AM and between 4 and 6 PM an average of 365 and 341 vph (vehicles per hour) were observed along Dale Street during the weekday morning and evening peak hours, respectively. FUTURE TRAFFIC VOLUME CONDITIONS Background Traffic Growth To represent future 2006 No-Build traffic-volume conditions, the existing traffic volumes n were increased to account for background traffic growth. Accordingly, the existing traffic Uvolumes were increased by +2.0 percent per year up through 2006. Site-Generated Traffic Based on the Institute of Transportation Engineers (ITE) published trip generation rates Q and actual observed trip rates, it is anticipated that 92 residential dwelling units restricted to 55 and older residents would generate approximately 294 vehicle-trips per day. This daily volume would be split evenly with 147 vehicle-trips entering and 147 vehicle-trips exiting the site over the course of the entire 24-hour day. More importantly, during the weekday morning peak hour, the project will generate a total of 25 vehicle-trips with 10 vehicle-trips entering and 15 vehicle-trips exiting the project site. Similarly, during the evening peak hour, it is anticipated that 23 vehicle-trips would be generated. The 23 vehicle-trips would consist of 16 vehicle-trips entering and 7 vehicle-trips exiting the development during the peak 60-minute period. The remaining vehicle-trips would occur over the course of the day. 2 546—RPT CCopyright©2001 by DJK. All rights reserved. �► Trip Distribution Trip-distribution patterns were developed specifically for this study and are summarized as follows: Q • South Bradford Street to/from the North 1.0% • Dale Street to/from the East 25% • Dale Street to/from the West 65% TOTAL 100% TRAFFIC OPERATION ANALYSIS �j Unsignalized intersection capacity analysis was performed for the study area intersections. The capacity analysis is summarized below by location. Dale Street at the Proposed Site Drive The left- and right-turn exiting movements from the proposed site drive would operate at LOS B. The left-turn entering movements would operate at LOS A. Dale Street at South Bradford Street All turning movements at the Dale Street/South Bradford Street intersection would operate at LOS B or better up through 2006 Build with development traffic volume conditions. MITIGATION MEASURES The final phase of the analysis process is to identify the mitigation measures necessary to minimize the impact of the project on the transportation system. The proponent has made a commitment to implement all mitigation measures listed below. r} It is suggested that access to and egress from the site be achieved by a single (� driveway. The driveway for the proposed project would be located along Dale Street approximately 100 feet east of the South Bradford Street intersection. �j To enhance the overall sight distance at the site driveway, it is recommended that roadside vegetation and topographic ground elevations, landscaping, signage (if any), etc., adjacent to the site access/egress driveway be maintained such that sufficient safety sight lines are provided in both directions throughout the life of the project. The sight distance maintenance triangular area should extend 20 feet back from the edge of Dale Street along the Site Drive (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). 3 546—RPT Copyright 0 2001 by DJK. All rights reserved. n �+ The access/egress driveway is suggested to consist of a 24-foot wide cross section with one 12-foot wide lane for entering traffic and one 12-foot wide lane for exiting n traffic. • At the site drive intersection with Dale Street, the egress movements are suggested to be under stop sign control with a painted STOP bar and a single white lane line, separating the right-turn lane from the left-turn lane. Sufficient overhead street lighting and a painted crosswalk should also be considered as part of the proposed project. • Intersection advanced warning signs are suggested to be placed along Dale Street both east and west of the access/egress driveway. U U U a 546—RPT ('� Copyright 0 2001 by DJK. All rights reserved. f1 PROJECT DESCRIPTION U PROPOSAL The proponent, Meetinghouse Commons, LLC presently is planning for the construction of an approximate 92-unit residential development restricted to 55 and older residents. The site is located adjacent to and south of Dale Street opposite the South Bradford Street intersection in North Andover, Massachusetts. Dale Street is a town-owned and U maintained roadway adjacent to the project site. Current project planning calls for the proposed access to be located along Dale Street opposite the South Bradford Street intersection. _U 5 546—RPT Copyright©2001 by DJK. All rights reserved. ALTERNATIVES TO THE PROJECT ALTERNATIVES TO THE PROJECT For the purposes of this report, the following alternatives were evaluated: • No-Build - The No-Build alternative was examined to establish the 2006 baseline traffic-volume conditions. The incremental impacts of the proposed project may be determined by making comparisons to the No-Build alternative. The No-Build alternative assumes that the project is not built. • Build - The Build alternative includes the development of the proposed project. The Build alternative is evaluated in this report and is compared to the No-Build analysis condition. The Build condition represents the increase in traffic from the previous conditions to the proposed condition (i.e., the delta impact). The Build condition includes the construction of the proposed 92-unit residential development. D 6 546—RPT Copyright©2001 by DJK. All rights reserved. n L THE EXISTING BUILT ENVIRONMENT FIELD SURVEY r7 A comprehensive field inventory of the adjacent roadway system was conducted during �} May/June 2001. The field inventory included collection of existing roadway geometrics, traffic volumes, and safety data for the roadways and intersections in the vicinity of the site. Traffic volumes were measured by means of an automatic traffic recorder (ATR) �1 counters and substantiated by actual manual turning movement counts. Safety inventories included vehicle speed observations and a detailed evaluation of the safety sight lines at the site driveway located along Dale Street. �1 GEOMETRICS Dale Street Dale Street in the immediate vicinity of the site is generally a two-lane roadway with one through lane for each direction of travel. The travel lanes are generally 12 to 13 feet wide. Dale Street provides access/egress to numerous residential land uses along its Qentire length with Smolak Farm located to the north off of South Bradford Street. Dale Street consists of bituminous concrete pavement in fair condition with no major pavement break-up or edge raveling noted during the field inventory period. Horizontal and vertical alignment are fair along Dale Street with the roadway passing the site driveway over a relatively level and tangent alignment. East and west of the Site Drive Dale Street exhibits two large radius curves creating an "S" type rolling/winding alignment. 7 546—RPT �'y Copyright 0 2001 by DJK. All rights reserved. U �-+ Vehicular movements along Dale Street immediately adjacent to the site are uncontrolled with intersecting side streets and driveways generally under stop sign or stop control. DTRAFFIC VOLUMES Existing traffic volumes were recorded mechanically over an 11-day period, including Thursday, May 31, 2001 through Sunday, June 10, 2001. These traffic volumes were reviewed to determine average daily and peak-hour traffic volumes along Dale Street adjacent to the site. Table 1 summarizes the 2001 traffic-volume data collected along Dale Street for this study. Analysis of the recent traffic counts indicates that average weekday volumes are 3,839 vpd (vehicles per day) along Dale Street west of South Bradford Street during May/June 2001. During the two peak travel demand periods, which occurred between 7 and 9 AM and between 4 and 6 PM an average of 365 and 341 vph (vehicles per hour) were observed along Dale Street during the weekday morning and evening peak hours, respectively. Figure 2 graphically presents the results of the traffic volume inventory for the weekday morning and evening peak hours. L? a 546—RPT Copyright©2001 by DJK. All rights reserved. �+ TABLE 1 EXISTING TRAFFIC VOLUME SUMMARY Peak-Hour Location/ Daily Traffic Traffic Time Period (24 hour) Peak Volume K Directional (vpd)a Hour (vph)b Factor c Distribution d Dale Street West of South Bradford Street Thursday 3,827 7:30-8:30 AM 345 9.01 71.6%WB IIIJJJ May 31,2001 4:45-5:45 PM 361 9.43 68.4%EB Friday 3,942 7:30-8:30 AM 393 9.97 78.1%WB [y June 1,2001 5:00-6:00 PM 359 9.11 64.1%EB Monday 3,771 7;30-8:30 AM 373 9.89 76.7%WB June 4,2001 4:45-5:45 PM 348 9.23 63.5% EB Tuesday 3,795 7:15-8:15 AM 381 10.04 73.2%WB June 5,2001 4:15-5:15 PM 342 9.01 63.2% EB Wednesday 3,722 7:30-8:30 AM 369 9.91 76.2%WB June 6,2001 5:00-6:00 PM 321 8.62 60.7% EB Thursday 3,871 7:30-8:30 AM 363 9.38 74.4%WB June 7,2001 4:45-5:45 PM 330 8.52 61.8% EB Friday 3,945 7:15-8:15 AM 331 8.39 76.7%WB June 8,2001 4:45-5:45 PM 327 8.29 62.1%EB Average Weekday 3,839 Morning Peak Hour 365 9.51 75.3%WB Evening Peak Hour 341 8.88 63.4% EB Vehicles per day. ry bVehicles per hour. °Percent of daily traffic occurring during the peak hour. dValues are for the predominant direction during each peak hour. U 9 546-RPT Copyright 0 2001 by DJK. All rights reserved. j' Figure 2: 2001 Existing Peak Hour Traffic Volumes WEEKDAY MORNING PEAK HOUR o � � w O w Q m M11O L 18 271 4 289 t 44 S 79 —+ DALE STREET 73 UVJ) SITE WEEKDAY EVENING PEAK HOUR (r W O w U- 0 V)' Q III N � L2 �► 198 4 100 18233 —► DALE STREET 229 > I o! 0 ~ I Cn SITE Schematic DJKDermot J. Kell Associates,s, Inc. Traffic Engineering/Transportation Planning Copyright © 2001 By DJK. All rights reserved. 531NET HISTORICAL TRAFFIC VOLUMES Annual average daily traffic (AADT) data available from the Massachusetts Highway Department (MHD) permanent traffic count station located on Route 114/125 in North Andover indicates that the Annual Average Daily Traffic (AADT) from 1989 through 1999 has actually increased by a total of 13.4 percent or an average 1.3 percent per year. Table 2 summarizes the annual average daily traffic data and the resulting growth rate for MHD Permanent Traffic Count Station No. 502 located on Route 114/125 in North Andover. TABLE 2 HISTORICAL TRAFFIC VOLUME SUMMARYa . 6 Annual Cumulative Average Growth Growth Growth Time (From Compared to Rate from �j Period AADTb Year to Year) 1989 1989 `-' 1989 36,907 - -- -- 1990 37,177 +0.7% +0.7% +0.7% 1991 36,042 -3.1% -2.3% -1.2% 1992 35,958 -0.2% -2.6% -0.9% 1993 33,476 -6.9% -9.3% -2.3% 1994 33,842 +1.1% -8.3% -1.7% 1995 35,691 +5.5% -3.3% -0.5% 1996 39,938 +11.9% +8.2% +1.2% 1997 40,507 +1.4% + 9.8% +1.2% 1998 41,496 +2.4% +12.4% +1.4% 1999 41,837 +0.8% +13.4%. +1.3% Source: Massachusetts Highway Department Permanent Traffic Count Station No. 502, Dale Street and 125, North of the Andover By-Pass,Andover. bAnnual average daily traffic. Q 10 546-RPT Copyright 0 2001 by DJK. All rights reserved. (J VEHICLE SPEEDS Speed measurements were taken by a standard traffic engineering procedure called the "floating car method." Vehicle speeds were measured by means of an observation car traveling through the study area at a speed consistent with the flow of traffic on the roadway. A limited number of these observations were made over the field inventory period along Dale Street adjacent to the site. The limited number of speed observations were obtained to gain a meaningful value of an average and typical vehicle traveling through the area. The results of the speed measurements are summarized in Table 3. As shown, the average speed varied along Dale Street with speeds recorded in the range i of 30 to 40 mph in both the eastbound and westbound directions. The speed limit is posted at 35 mph immediately west of the South Bradford Street intersection facing eastbound traffic. TABLE 3 OBSERVED ROADWAY SPEED SUMMARY Location/ Posted Observed Direction Speed Travel of Travel Limit(mph) Speed(mph) Dale Street adjacent to the Project Site: Eastbound 35 30 to 40 Westbound 35 30 to 40 mph=miles per hour. a a a a a a 11 546—RPT nCopyright©2001 by DJK. All rights reserved. V -C, FUTURE TRAFFIC VOLUME CONDITIONS INTRODUCTION This section of the report determines the future traffic volume levels along the study area roadways and intersections. To determine the impact of site-generated traffic volumes on the roadway network under future conditions, the existing traffic volumes in the study area were projected to the year 2006, at which time the proposed development is expected to be completed and fully occupied. Traffic volumes on the roadway network at that time will include all existing traffic, background traffic growth, and the site-generated traffic volumes. BACKGROUND TRAFFIC GROWTH Traffic growth on area roadways is a function of the expected land development in the immediate area as well as the surrounding region. Several methods can be used to estimate this growth. A procedure frequently employed is to identify the location and type of new developments planned to occur during the designated planning horizon, estimate the traffic to be generated and assign it to the area roadway network. This u method usually produces a realistic estimate of growth for local traffic. The Planning Office of North Andover was consulted during the preparation of this study to identify any existing or projected development projects anticipated to occur by 2006, which would add a significant amount of new traffic to the study area. Based on this L� information and other background information, the existing traffic volumes were U increased by 2% per year to account for background traffic growth up through the 2006 No Build traffic volume conditions. Figure 3 graphically presents the No Build traffic volume conditions for the weekday morning and evening peak hours. 12 546—RPT r'1 Copyright©2001 by DJ K. All rights reserved. Figure 3: 2006 No Build Peak Hour Traffic Volumes WEEKDA Y MORNING PEAK HOUR o F- w O ww Qin M N 0 a ^ 4-20 r—319 �► 4 299 49 88 —► DALE STREET 81 - ► > I II 0 wl t VI SITE U Cy WEEKDAY EVENING PEAK HOUR o W 0 w O oN a . m m vi 4-2 .J � X108 f--110 20 S 257 —► DALE STREET 253 � I 0 wlIN SITE Schematic DJKDermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning nCopyright © 2001 By DJK. All rights reserved. 531NET ',I VEHICLE-TRIP GENERATION RATES Traffic volumes expected to be generated by the proposed 55 and older residential development project was determined by comparing the trip rates published in the Sixth Edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual with actual traffic counts conducted at The Village at Great Hill in Topsfield, MA. Current project planning calls for the construction of up to 92 units of housing for qualified 55- year-old and older residences. To determine the traffic expected to be generated by this project, ITE Land Use Code (LUC) 250 Retirement Community trip generation rates were compared to traffic generation rates based on actual traffic counts conducted at The Village at Great Hill in Topsfield, MA. Table 4 provides a summary of trip generation characteristics based on both ITE trip rates and observed trip rates. TABLE 4 RESIDENTIAL TRIP-GENERATION SUMMARY Vehicle-Trip Vehicle-Trip Generation Rates Generation Rates Based Vehicle-Trips Based on ITE on Rates Used Retirement Actual Observation for Time Period/ Community at a 55&Older this Direction of Travel LUC#250a Retirement Community Study WEEKDAY Morning Peak Hour. Entering (vph)b 0.076 0.107 0.107 Exiting (vph) 0.093 0.160 0.160 i Total(vph) 0.169 0.267 0.267 Evening Peak Hour. Entering (vph) 0.147 0.172 0.172 Exiting (vph) 0.116 0.081 0.081 Total (vph) 0.263 0.253 0.253 Daily Traffic(vpd)c NAd NA 3.200e aSource: Trip Rates from Trip Generation,Sixth Edition:Institute of Transportation Engineers(ITE),Washington,DC, 1997. LUC=Land Use Code#250 Retirement Community. bvph=vehicle-trips per hour. (� Cvpd=vehicle-trips per day. dNA=Data Not Available. eBased on the ratio of average peak hour to daily trip rates from ITE Rates for Residential Condominiums/Townhouses Land Use Code#230 and applied to the observed average peak hour trip rate. c The above described trip-generation rates were applied to the 55 years old and older residential development project. 13 546-RPT 0 Copyright 0 2001 by DJK. All rights reserved. VEHICLE-TRIP GENERATION Based on the above described trip generation rates, it is anticipated that the proposed residential development project would generate approximately 294 vehicle-trips per day. This daily volume would be split evenly with 147 vehicle-trips entering and 147 vehicle- trips exiting the site over the course of the entire 24-hour day. More importantly, during the weekday morning peak hour, the entire residential development project would generate a total of 25 vehicle-trips with 10 vehicle-trips entering and 15 vehicle-trips exiting the project site. Similarly, during the evening peak hour, it is anticipated that 23 vehicle-trips would be generated. The 23 vehicle-trips would consist of 16 vehicle-trips entering and 7 vehicle-trips exiting the development during the peak 60-minute period. The remaining vehicle-trips would occur over the course of the day. Table 5 summarizes the peak-hour and daily project-generated traffic volumes for the proposed residential development project. TABLES VEHICLE-TRIP GENERATION SUMMARY 92 Residential Dwelling Units Time Period/ Available to Residents Direction of Travel 55 Years Old or Older WEEKDAY Morning Peak Hour: Entering (vph)a 10 Exiting (vph) 15 Total (vph) 25 Evening Peak Hour. Entering (vph) 16 Exiting (vph) 7 Total (vph) 23 Daily Traffic: Entering (vpd)b 147 Exiting (vpd) 147 Total (vpd) 294 vph=vehicle-trips per hour. bvpd=vehicle-trips per day. 14 546—RPT Copyright©2001 by DJK. All rights reserved. TRAFFIC DISTRIBUTION/ASSIGNMENT Directional distribution of generated trips to and from the proposed development is expected to follow existing traffic patterns which, in turn, is a function of population densities, shopping opportunities, areas of employment and recreational activities. Accordingly, the directional split of the new trips originating from, or destined to, the development was based on existing traffic patterns as observed for this study. Table 6 summarizes the actual traffic volume assignment for the site-generated traffic. The site-generated traffic volumes were superimposed onto the 2006 No Build traffic volume networks creating the 2006 Build traffic volume networks. Figure 4 graphically presents the 2006 Build weekday morning and evening peak-hour traffic volume networks. TABLE 6 PROJECT-GENERATED VEHICLE-TRIP ASSIGNMENT To/From To/From To/From North via Site South East West Driveway Bradford via via Time Period/ Total Street Dale Street Dale Street Direction of Travel 100% (10%) (25%) (65%) 1 WEEKDAY LLL111��� Moming Peak Hour: Entering (vph)a 10 1 6 3 Exiting (vph) 15 2 9 4 Total (vph) 25 3 15 7 Evening Peak Hour: Entering (vph) 16 2 10 4 Exiting (vph) 7 1 4 2 Total(vph) 23 3 14 6 Daily Traffic: Entering (vpd)b 147 15 37 95 Exiting (vpd) 147 15 37 95 Total (vpd) 294 30 74 190 vph=vehicle-trips per hour. bvpd=vehicle-trips per day. 15 546—RPT r't Copyright©2001 by DJK. All rights reserved. Figure 4: 2006 Build Peak Hour Traffic Volumes WEEKDAY MORNING PEAK HOUR o � � w p w U- M m N t 00 L 22(2) 4 319 I) �.1 t--308(9) j--3(3) 87() ► ��8 (' DALE STREET w o w SITE In 10 Out 15 Total 25 WEEKDAY EVENING PEAK HOUR C3 I- CE 0 W o 0: a N tz 00 m vi �o �—110 rf k 4-112(4) r 4(4) 20---* 257 DALE STREET 263(10)— 12(12) 7 N �A N X D w F- in in SITE In16 ut 7 Total 23 Schematic DJKDermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning Copyright © 2001 By OX. All rights reserved. 531NET CAPACITY ANALYSIS To assess quality of flow along the study area roadways and intersections, an Intersection Capacity Analysis was conducted under the following analysis conditions: • 2001 Existing Traffic Volume Conditions • 2006 No Build Traffic Volume Conditions • 2006 Build Traffic Volume Conditions The Capacity Analysis will provide an indication of how well the roadway facilities serve the traffic demands placed upon them. METHODOLOGY Level of Service result of capacity analysis is the assignment of level of service to a traffic The primary es p y y 9 n facilities under various traffic-flow conditions. The concept of level of service is defined Las a qualitative measure describing operational conditions within a traffic stream and their perception by motorists and/or passengers. A level-of-service definition provides an index to quality of traffic flow in terms of such factors as speed, travel time, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Six levels of service are defined for each type of facility. They are given letter designations from A to F, with level-of-service (LOS) A representing the best operating conditions and LOS F the worst. Highway Capacity Manual(HCM 2000):Transportation Research Board,Washington,DC,2000. 16 546--RPT (�j Copyright©2001 by DJ K. All rights reserved. Since the level of service of a traffic facility is a function of the traffic flows placed upon it, such a facility may operate at a wide range of levels of service, depending on the time of day, day of week, or period of year. Unsignalized Intersections The levels of service for unsignalized intersections are determined by application of a procedure described in the 2000 Highway Capacity ManuaL2 The procedure accounts for lane configuration on both the minor and major approaches, conflicting traffic stream volumes, and type of intersection control (STOP versus YIELD). First, theoretical maximum or capacity flow of vehicles for each minor approach lane is calculated based on a gap analysis procedure. The capacities are then compared to the demand at the respective minor approaches. The delay is then calculated based on the relationship between the service rate and the degree of saturation. Table 7 summarizes the relationship between level-of-service and expected delay to minor street traffic. TABLE 7 LEVEL-OF-SERVICE CRITERIA FOR TWO-WAY STOP-CONTROLLED INTERSECTIONSa Level Average of Control Delay Service (Seconds/Vehicle) A <10 B >10 to 15 C >15to25 D >25 to 35 E >35 to 50 F >50 Source: Highway Capacity Manual,HCM 2000:Transportation Research Board, Washington,DC,2000. TRAFFIC ANALYSIS RESULTS Capacity analyses have been conducted at the study area intersections. Results of these analyses are tabulated in Tables 8 and summarized below by intersection. Dale Street at the Proposed Site Drive The left- and right-turn exiting movements from the proposed site drive would operate at LOS B. The left-turn entering movements would operate at LOS A. 2Highway Capacity Manual(HCM 2000):Transportation Research Board,Washington,DC,2000. 17 546—RPT Copyright©2001 by DJK. All rights reserved. Dale Street at South Bradford Street O All turning movements at the Dale Street/South Bradford Street intersection would operate at LOS B or better up through 2006 Build with development traffic volume conditions. a TABLE 8 SIGNALIZED INTERSECTION LEVEL-OF-SERVICE ANALYSIS Existing 2001 2006 No-Build 2006 Build aLocation/Peak Hour LOsa ACDb Demand c LOS ACD Demand LOS ACD Demand Dale Street at the Proposed O Site Drive: Westbound Left Turns Entering Weekday Morning - -- — - ---- -- A 7.4 3 Weekday Evening - -- — - ---- — A 7.8 4 Northbound Left&Right Turns Exiting Weekday Morning _ ___ _ _ ____ _ B 10.5 15 CWeekday Evening - --- — - ---- — B 10.5 74 Dale Street at South Bradford Street: Eastbound Left Turns Weekday Morning A 7.9 44 A 8.0 49 A 8.0 49 0Weekday Evening A 7.4 18 A 7.4 20 ' A 7.5 20 Southbound Left&Right Turns Weekday Morning B 10.3 42 B 10.6 47 B 10.7 48 aWeekday Evening A 9.2 20 A 9.3 22 A 9.5 24 Level of service. bAverage Control Delay(seconds per vehicle). n °Demand=vehicles per hour. Li C Li 18 546—RPT {� Copyright©2001 by DJK. All rights reserved. U 0 U SAFETY ANALYSIS 0 0 0 0 0 0 Detailed safety evaluations of the existing site drive intersection with Dale Street was oconducted and included an analysis of available stopping sight distances (SSDs). STOPPING SIGHT DISTANCE (SSD) oIn the vicinity of the proposed project site, Dale Street approaches the site from the west and east over a relatively level/tangent section. East and west of the Site Drive Dale Street exhibits two large radius curves, creating an "S" type rolling/winding alignment. Detailed SSD measurements were conducted with respect to the Dale Street approaches to the proposed intersection to identify any potential mitigation measures, owhich would enhance the available SSD. Stopping Sight Distance considerations are basically divided into two criteria: (1) oapproaching SSD, and (2) exiting SSD. Approaching SSD Approaching SSD is the distance required for an approaching vehicle to perceive and react accordingly to an exiting vehicle. The values are based upon a perception and o reaction time of 2.5 seconds and a braking distance calculated for wet level pavement. When the roadway is either on an upgrade or downgrade, grade correction factors are applied. Exiting SSD Exiting SSD is based upon a perception and reaction time and the time required to complete a desired exiting maneuver after the decision to do so has been made. Values for exiting SSD represent the time required to: (1) turn left or right and to accelerate to the operating speed of the street without causing approaching vehicles to reduce speed o. 19 546—RPT CCopyright 0 2001 by DJK. All rights reserved. D Dand (2) upon turning left, to clear the near half of the street without conflicting with vehicles approaching from the left. When a grade exists in the roadway or when larger speed reduction values are acceptable, correction factors are applied. Approaching SSD is far more important as it represents the minimum distance required for safe stopping, while the exiting SSD criteria is based only upon acceptable speed reductions to the approaching traffic stream. O Table 9 compares the measured SSD with the minimum SSD requirements for both the observed vehicle speeds as well as the posted speed limit along Dale Street in the vicinity of the site. As can be seen in Table 9, the available SSD exceeds the minimum SSD requirements for the official speed limit of 35 mph as well as the observed speeds of up to 40 mph. U TABLE 9 SUMMARY OF STOPPING SIGHT DISTANCE ANALYSIS Q Posted Minimum Speed Observed Measured SSD(feet) Requirements Location/ Limit Speed SSDb for Design Speed 0 Direction of Travel (mph)a (mph) (feet) 35(32-35) 40(36-40) Dale Street at the Site Drive: East of the Site Drive Vehicle A Exiting O Looking West 35 30 to 40 WB +400 225 to 250 275 to 325 Vehicle B Approaching Looking East 35 30 to 40 WB +400 225 to 250 275 to 325 0 West of the Site Drive Vehicle B Approaching Looking East 35 30 to 40 WB +400 225 to 250 275 to 325 Vehicle A Exiting OLooking West 35 30 to 40 WB +400 225 to 250 275 to 325 Miles per hour. bSSD measurements occurred on May 29, 2001 and assumes recommendations contained in this report are Q implemented. cSource: A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials(AASHTO): 1990. 0 0 0 0 20 546—RPT OCopyright©2001 by DJK. All rights reserved. 0 D APPENDIX 0 D Q • TRAFFIC VOLUME DATA 0 • CAPACITY ANALYSIS 0 0 0 D a 0 D D 0 0 0 D 21 C RPT Copy � Copyright©2001 by DJK. All rights reserved. a TRAFFIC VOLUME DATA a a a a a a 0 a a a a a a a a a RPT Copyright©2001 by DJK. All rights reserved.. Weather :Clear, warm DJK Associates, Inc. Two Dundee Park, Suite 301 Site Code 546 Counted by: SRM Start Date: 05/30/2001 Board # :A Andover, MA 01810 978 979-1999 Fax:976 479-1778 File I.D. C:\PROGRAM F Site :North Andover, MA Page 1 Street name :Dale Street Cross street:west of South Bradford Street WB, EB WeEB Combined Thur. WB EB Combined Begin d. WB Time 05/30 A.M. P.M. A.M. P.M. A.M. P.M. 05/31 A.M. P.M. A.M. P.M. A.M. P 95 12:00 * I * * I * 0 19 1 3 26 I 3 a12:45 * I + + I + + 0 27 1 0 26 1 0 53 12:15 * I * * I * * 1 25 I 4 23 I 5 96 12:30 * * I * * I * * 2 20 1 1 25 1 3 45 12 45 01:00 * I * I * ** 1 22 1 0 21 I 1 93 01:15 * * I * I * 0 29 1 0 23 1 0 52 01:30 * * I * * i h 0 23 I 0 29 I 0 52 * * I * * I * 2 27 I 0 21 1 2 48 01:95 02:00 * * I * * I * 0 31 1 1 26 1 1 57 * * I * * I 0 27 1 0 36 1 0 63 02:15 + + I + I + + 0 19 1 1 26 1 1 45 02:30 02:45 * * I * * I * * 1 27 1 2 36 1 3 63 n03:00 * I * * I * * 1 19 1 2 32 1 3 51 U 03:15 * I * + 1 + + 0 29 I 0 29 I 0 58 03:30 * * I * * I * * 1 25 1 0 46 1 1 71 03:45 * * I * * I * 0 22 1 0 48 1 0 70 09:00 * * I * * + 0 24 1 3 35 1 3 59 * * I * I 2 23 1 1 36 1 3 59 04:15 04:30 * 1 23 1 0 42 1 1 65 04:95 * * I * * I * * 2 32 I 0 69 I 2 96 05:00 * * I * * I 6 23 1 0 60 I 6 83 5 29 1 1 60 I 6 89 05:30 * * I * * I 13 30 1 1 63 1 14 93 a 05.45 * I I 16 35 I 10 51 i 26 86 06:00 I I 23 25 1 1 58 1 24 83 06:15 * * * 29 19 1 6 46 1 35 65 06:30 * I * * I * * 43 21 1 8 37 1 51 58 06:45 * * I * * I * 52 16 1 15 41 1 67 57 07:00 * I * * I * 71 17 1 9 29 1 80 46 Q 07:15 * * I * I * * 52 18 1 24 26 1 76 44 07:30 * * I * * I * * 70 21 1 25 32 1 95 53 07:95 * * I + 1 + 67 20 1 24 29 1 91 49 * * 1 + I + 5120 1 23 27 1 74 47 08:00 59 2y� 21 1 26 23 1 85 44 08:15 13 1 10 1 * 23 60 13 1 26 18 1 86 31 Q 08:30 6 i 24 9 1 38 41 10 1 20 23 I 61 33 08:95 09:00 9 1 * 21 1 30 53 9 1 18 18 1 71 27 09:15 8 I * 12 I 20 29 7 I 10 10 I 97 17 09:30 * 7 I * 14 1 * 21 36 13 1 18 8 1 54 21 09:45 8 I 10 1 * 18 31 4 1 23 14 1 54 18 Q 10:00 * 11 i k 11 I 22 29 6 I 20 14 I 99 22 10:15 * 8 1 * 9 1 * 17 29 4 1 25 9 1 54 13 10:30 * 7 I 13 1 * 20 25 6 1 21 9 1 46 15 10:95 6 1 * 6 1 12 27 4 1 14 7 1 41 11 11:00 * 5 1 8 1 * 13 34 7 1 25 10 1 59 17 11:15 * 2 1 * 3 1 * 5 27 1 1 20 11 1 47 12 a 11:30 * 0 1 * 6 1 * 6 35 4 1 25 5 1 60 9 11:45 * 1 1 * 8 1 * 9 25 0 1 22 8 1 47 8 Totals 0 102 0 179 0 276 1097 199598 486 188296 1533 382794 Day Totals 102 174 276 �J % Total .0% 36.9% .0% 63:0°% 27.3% 23.4% 12.7% 36.4% j Peaks 08:15 08:30 08:15 07:00 05:15 01:45 04:45 07:30 04:45 U Volume 39 76 113 260 119 99 247 345 361 P.H.F. .75 .79 .88 .91 .85 .95 .96 .90 .94 U a c 0 2 Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 Board # :A Andover, MA 01810 Start Date: 05/30/2001 Itr lf! Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name Dale Street Cross street•west of South Bradford Street WB EB Page 2 Begin Fri. WB EB Combined Sat. WB EB Combined Time 06/01 A.M. P.M. A.M. P.M. A.M. P.M. 06/02 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 3 35 1 8 22 1 11 57 1 24 1 2 22 1 3 46 n 12:15 1 21 1 6 23 1 7 44 2 25 1 7 17 1 9 42 'ul 12:30 3 15 1 11 31 1 14 46 0 33 1 5 19 1 5 52' 12:45 1 31 1 1 27 1 2 58 1 19 1 1 14 1 2 33 01:00 3 28 1 3 23 1 6 51 6 20 1 3 26 1 9 46 01:15 0 24 1 0 21 1 0 45 0 18 1 5 23 1 5 41 01:30 2 10 1 1 27 1 3 37 1 21 1 0 26 I 1 47 01:45 0 23 1 0 40 1 0 63 2 22 1 1 21 1 3 43 02:00 0 29 1 1 25 1 1 54 1 21 1 2 27 1 3 48 02:15 0 31 1 0 30 1 0 61 0 23 1 0 25 1 0 48 02:30 0 26 1 3 26 1 3 52 1 30 1 0 24 1 1 54 02:45 1 22 1 1 39 1 2 61 1 15 1 0 17 1 1 32 a 03:00 0 29 I 0 44 1 0 73 0 27 1 2 22 1 2 49 03:15 0 26 1 0 39 1 0 65 1 29 1 0 28 1 1 57 03:30 0 27 1 0 45 1 0 72 1 31 1 1 23 1 2 54 03:45 0 33 1 0 48 1 0 81 1 21 1 0 24 1 1 45 04:00 2 43 1 2 40 1 4 83 1 23 1 0 28 1 1 51 04:15 1 29 1 0 39 1 1 68 1 14 1 1 20 1 2 34 04:30 2 22 1 1 42 1 3 64 1 22 1 1 26 1 2 48 04:45 1 28 10__.___._47_13,5 75. 3 15 1 1 19 1 4 34 05:00 2 44 1 1 61 1 3 105 1 23 1 0 21 1 1 44 05:15 5 25 1 1 50 I 6 75 1 11 1 3 27 1 4 44 05:30 10 29 1 4 56 I 14 85 3 31 1 4 28 1 7 59 05:45 15 31 1 5 63 1 20 94 3 23 1 3 24 1 6 47 06:00 22 18 1 1 66 1 23 84 9 24 1 4 22 1 13 46 06:15 29 26 1 7 37 1 36 63 6 11 1 2 19 1 8 30 06:30 44 27 1 16 34 1 60 61 6 23 1 3 20 1 9 43 06:45 44 26 1 22 30 1 66 56 7 16 1 6 30 1 13 46 07:00 66 13 1 6 20 1 72 33 7 22 1 7 16 1 14 38 a 07:15 50 21 1 27 25 1 77 46 11 17 1 9 11 1 20 28 07:30 74 19 1 17 37 1 91 56 27 14 1 22 13 1 49 27 07:45 84 12 1 20 28 1 104 40 23 10 1 11 12 1 34 22 08:00 74 13 1 28 25 1 102 38 18 14 1 16 13 1 34 27 08:15 75 17 1 21 19 1 96 36 15 10 1 11 10 1 26 20 a 08:30 39 11 1 22 23 1 61 34 25 15 1 12 11 1 37 26 08:45 56 17 1 17 14 1 73 31 21 10 1 12 26 1 33 36 09:00 43 11 1 22 10 1 65 21 20 15 1 13 13 1 33 28 09:15 22 7 1 24 15 1 46 22 24 9 1 8 22 1 32 31 09:30 26 13 1 27 15 1 53 28 30 10 1 14 17 1 44 27 09:45 22 6 1 16 17 1 38 23 15 9 1 12 16 1 27 25 D 10:00 37 16 1 22 10 1 59 26 34 9 1 18 14 1 52 23 10:15 24 10 1 16 11 1 40 21 32 6 1 23 9 1 55 15 10:30 32 9 1 19 18 1 51 27 31 10 1 24 21 1 55 31 10:45 34 9 1 18 14 1 52 23 32 8 1 16 13 1 48 21 11:00 24 7 1 20 14 1 44 21 24 9 1 27 15 1 51 24 11:15 23 5 1 20 8 1 43 13 26 6 1 16 14 1 42 20 n 11:30 32 1 1 15 7 1 47 8 28 7 1 38 19 1 66 26 11:45 22 5 1 29 6 1 51 11 26 8 1 16 9 1 42 17 u Totals 1050 980 501 1411 1551 2391 530 839 382 936 912 1775 Day Totals 2030 1912 3942 1369 1318 2687 % Total 26.6% 24.8% 12.7% 35.7% 19.7% 31.2% 14.2% 34.8% Peaks 07:30 03:30 07:15 05:15 07:30 05:00 10:00 03:00 10:45 03:15 10:00 03:15 Volume 307 132 92 235 393 359 129 108 97 103 210 207 P.H.F. .91 .76 .82 .89 .94 .85 .94 .87 .63 .91 .95 .90 a a a a o c o 3 Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code 596 ry Board # :A Andover, MA 01810 Start Date: 05/30/2001 Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name Dale Street Cross street•west of South Bradford Street WB EB Page 3 Begin Sun. WB EB Combined Mon. WB EB Combined Time 06/03 A.M. P.M. A.M. P.M. A.M. P.M. 06/04 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 2 24 1 5 31 1 7 55 1 32 1 4 18 1 5 50 O 12:15 4 27 1 9 29 1 13 56 0 29 1 3 25 1 3 54 12:30 9 31 1 1 22 1 10 53 4 21 1 2 21 1 6 42 12:45 2 28 1 4 24 1 6 52 2 20 1 0 19 1 2 39 01:00 2 25 1 3 26 1 5 51 2 24 1 2 31 1 4 55 01:15 2 21 1 6 27 1 8 48 3 29 1 2 22 1 5 51 01:30 6 23 I 2 36 1 8 59 1 27 1 1 21 1 2 48 01:45 1 28 I 2 42 1 3 70 1 28 1 1 28 1 2 56 02:00 1 31 1 3 17 1 4 48 1 27 1 1 28 1 2 55 02:15 2 20 1 2 19 1 4 39 1 26 1 1 29 1 2 55 02:30 1 17 1 2 23 1 3 40 0 27 1 0 24 1 0 51 02:45 0 21 1 0 26 1 0 47 1 30 1 1 39 1 2 69 03:00 0 20 1 0 34 1 0 54 0 24 1 1 24 1 1 48 l[ 1 03:15 2 34 1 2 27 1 4 61 1 23 1 0 36 1 1 59 03:30 0 31 1 0 30 1 0 61 1 22 1 0 41 1 1 63 03:45 1 35 1 0 29 1 1 64 1 29 1 2 36 1 3 65 04:00 1 32 1 1 36 1 2 68 2 26 1 1 37 1 3 63 04:15 1 25 1 1 26 1 2 51 0 27 1 1 51 1 1 78 04:30 1 29 1 0 21 1 1 50 1 24 1 0 42 1 1 66 09:95 1 30 1 1 28 1 2 58 8 36 1 0 51 1 8 87 05:00 1 18 1 1 21 1 2 39 6 35 1 1 47 1 7 82 05:15 1 23 1 2 28 1 3 51 13 27 1 3 55 1 16 82 05:30 5 27 1 1 25 1 6 52 11 29 1 4 68 1 15 97 ry 05:45 3 26 1 2 29 1 5 55 20 24 1 5 61 1 25 85 I'`Jil 06:00 5 13 1 1 18 1 6 31 19 23 1 3 55 1 22 78 06:15 2 18 1 0 23 1 2 41 32 21 1 3 34 1 35 55 06:30 4 21 1 2 19 1 6 40 47 20 1 10 50 1 57 70 06:45 1 12 1 3 15 1 4 27 52 25 1 15 46 1 67 71 07:00 13 13 1 2 22 1 15 35 67 14 1 9 33 1 76 47 (7 07:15 7 12 1 7 20 1 14 32 48 13 1 20 26 1 68 39 U 07:30 5 16 1 5 19 1 10 35 80 19 1 23 30 1 103 49 07:45 9 16 1 8 20 1 17 36 78 '18 1 24 21 1 102 39 08:00 12 12 1 8 15 1 20 27 68 14 1 12 19 1 80 33 08:15 11 11 1 13 15 1 24 26 60 17 1 28 19 1 88 36 08:30 19 12 1 15 12 1 34 24 49 19 1 17 14 1 66 33 0 08:45 18 11 1 17 12 1 35 23 53 8 1 14 21 1 67 29 09:00 17 8 1 10 13 1 27 21 46 7 1 20 17 1 66 24 09:15 19 4 1 12 10 1 31 14 40 10 1 19 15 1 59 25 09:30 30 6 1 11 5 1 41 11 34 6 1 22 13 1 56 19 09:45 23 3 1 15 5 1 38 8 22 6 1 14 12 1 36 18 10:00 31 10 1 12 8 1 43 18 18 4 I 11 10 1 29 14 10:15 28 5 1 16 10 1 44 15 27 5 1 19 11 1 46 16 10:30 24 5 1 20 4 1 44 9 27 5 1 17 8 1 44 13 10:45 21 2 1 15 5 1 36 7 12 2 1 18 4 1 30 6 11:00 22 2 1 19 3 1 41 5 24 4 1 29 9 1 53 13 11:15 21 5 1 27 4 1 48 9 19 5 1 20 9 1 39 14 0 11:30 24 4 1 19 3 1 43 7 24 9 1 25 4 1 49 13 11:45 21 7 1 21 3 1 42 10 34 4 1 19 5 1 53 9 Totals 436 854 328 939 764 1793 1061 924 447 1339 1508 2263 Day Totals 1290 1267 2557 1985 1786 3771 % Total 17.0% 33.4% 12.8% 36.7% 28.1% 24.5% 11.8% 35.5% Peaks 09:30 03:15 11:00 01:00 11:00 03:15 07:30 04:45 11:00 05:15 07:30 04:45 Volume 112 132 86 131 174 254 286 127 93 239 373 348 P.H.F. .90 .94 .79 .77 .90 .93 .89 .88 .80 .87 .90 .89 V 0 o a 0 0 0 Weather :Clear, warm DJK Associates, Inc. y� Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 Board # :A Andover, MA 01810 Start Date: 05/30/2001 Site :North Andover, MA 978 979-1999 Fax:978 479-1776 File I.D. C:\PROGRAM F Street name :Dale Street Cross street•west of South Bradford Street WB EB Page 4 Begin Tues. WB EB Combined Wed. WB EB Combined Time 06/05 A.M. P.M. A.M. P.M. A.M. P.M. 06/06 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 1 23 I 4 24 1 5 47 2 17 I 5 21 I 7 38 12:15 2 33 I 0 26 I 2 59 1 17 I 7 21 I 8 38 12:30 5 28 1 3 15 1 8 43 3 29 1 3 29 1 6 58 12:45 2 25 1 3 18 1 5 43 1 19 1 5 18 1 6 37 01:00 2 17 1 2 20 1 4 37 2 14 1 0 17 1 2 31 01:15 0 21 1 0 22 1 0 43 1 27 1 1 17 1 2 44 01:30 0 24 1 0 22 1 0 . 46 0 11 1 0 14 1 0 25 01:45 1 17 1 0 29 1 1 46 0 28 1 0 23 1 0 51 02:00 0 24 1 0 33 1 0 57 1 21 1 1 27 1 2 48 02:15 0 23 1 2 23 1 2 46 1 27 1 0 26 1 1 53 02:30 0 31 1 0 21 1 0 52 0 26 1 0 26 1 0 52 02:45 1 23 1 0 24 1 1 47 1 17 1 0 26 1 1 43 03:00 0 26 1 0 44 1 0 70 0 19 1 0 31 1 0 50 ` I 03:15 1 23 1 2 42 1 3 65 1 28 1 1 34 1 2 62 I 03:30 0 30 I 0 39 1 0 69 0 26 1 0 39 1 0 65 03:45 1 36 1 1 42 1 2 78 0 30 I 09�� 4........ .7a... _ _ 04:00 1 _ 32 1 0 33 1 1 65 3 34 1 3 44 1 6 78 0 04:15 0 31 1 0 53 1 0 84 1 27 1 0 48 1 1 75 04:30 1 32 1 1 52 1 2 84 3 27 1 4 52 1 7 79 04:45 3 24 1 1 44 1 4 68 5 27 1 1 32 1 6 59 05:00 5 39 1 1 67 1 6 106 6 30 1 0 42 1 6 72 05:15 8 18 1 2 49 1 10 67 10 40 1 5 43 1 15 83 05:30 11 31 1 5 55 1 16 86 13 31 1 4 59 1 17 90 0 05:45 16 25 1 1 49 1 17 79 —15_...._._.25 L___ 1. ..._.51. 1. 16 76 06:00 17 18 1 4 48 1 21 66 15 29 1 5 53 1 20 82 06:15 35 14 1 6 52 1 41 66 34 25 1 8 52 1 42 77 06:30 50 19 1 7 32 1 57 51 32 8 1 9 46 1 41 54 06:45 56 30 1 13 60 1 69 90 53 10 1 12 37 1 65 47 07:00 68 16 1 10 25 1 78 41 65 19 1 15 32 1 80 51 07:15 67 14 1 34 42 1 101 56 6517 ..J16 26_1 81 43 07:30 61 14 1 23 31 1 84 45 70 27 1 23 26 1 93 53 07:45 77 17 1 18 24 1 95 41 90 15 1 13 29 1 103 44 08:00 74 19 1 21 26 1 101 45 65 14 1 23 19 1 88 33 08:15 54 15 1 20 23 1 74 38 56 19 1 29 26 1 85 45 08:30 49 14 1 22 31 1 71 45 57 16 1 17 17 1 74 33 08:45 48 7 1 27 26 1 75 33 44 13 1 15 15 1 59 28 09:00 40 6 1 28 18 1 68 24 36 8 1 20 23 1 56 31 09:15 43 8 1 17 16 1 60 24 40 18 1 15 28 1 55 46 09:30 28 12 1 21 8 1 49 20 33 7 1 19 20 1 52 27 09:45 30 5 1 20 12 1 50 17 31 11 1 23 19 1 54 30 10:00 35 9 1 14 15 1 49 24 24 8 1 25 16 1 49 24 10:15 17 3 1 18 8 1 35 11 31 7 1 23 6 1 54 13 10:30 23 4 1 12 5 1 35 9 20 1 1 18 5 1 38 6 10:45 17 6 1 17 8 1 34 14 22 3 1 14 8 1 36 11 11:00 23 2 1 17 8 1 40 10 15 5 1 27 13 1 42 18 11:15 17 3 1 25 3 1 42 6 34 5 1 15 3 1 49 8 11:30 25. 4 1 21 6 1 46 10 25 5 1 18 10 1 43 15 11:45 28 1 1 29 5 1 57 6 17 2 1 23 6 1 40 8 Totals 1043 896 478 1378 1521 2274 1044 889 466 1323 1510 2212 Day Totals 1939 1856 3795 1933 1789 3722 % Total 27.4% 23.6% 12.6% 36.3% 28.0% 23.88 12.5% 35.5% Peaks 07:15 03:45 07:15 05:00 07:15 04:15 07:00 04:45 09:30 05:30 07:30 05:15 Volume 279 131 102 220 361 342 290 128 90 215 369 331 P.H.F. .90 .90 .75 .82 .94 .80 .80 .8 .9 .91 .89 .91 0 0 0 0 0 0 0 ±Lr Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code 596 ] Board # :A Andover, MA 01810 Start Date: 05/30/2001 IrvJ; Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name Dale Street Cross street•west of South Bradford Street WB EB Page 5 Begin Thur. WB EB Combined Fri. WB EB Combined Time 06/07 A.M. P.M. A.M. P.M. A.M. P.M. 06/06 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 2 30 1 7 24 1 9 54 2 32 1 2 32 I 4 64 n 12:15 6 16 1 3 23 1 9 39 1 26 1 1 25 1 2 51 IuJ 12:30 0 25 1 7 25 1 7 50 1 29 1 3 24 1 4 53 12:45 0 31 1 2 25 1 2 56 2 22 1 3 18 1 5 40 01:00 1 20 1 3 8 1 4 28 1 25 1 3 18 1 4 43 01:15 2 25 1 3 22 1 5 47 0 14 1 1 23 1 1 37 01:30 1 23 1 2 12 1 3 35 0 25 1 5 21 1 5 46 01:45 0 29 1 1 24 1 1 53 0 22 1 0 29 1 0 51 02:00 2 35 1 0 19 1 2 54 0 32 1 1 28 1 1 60 02:15 1 22 1 2 35 1 3 57 1 27 1 2 31 1 3 58 02:30 1 19 1 0 35 1 1 54 0 22 1 0 33 1 0 55 02:45 2 32 1 0 28 1 2 60 i 30 1 0 45 1 1 75 03:00 0 29 1 0 30 1 0 59 0 27 1 1 43 1 1 70 03:15 0 28 1 0 35 1 0 63 0 28 1 1 40 I 1 68 03:30 1 23 1 0 39 1 1 62 0 25 1 0 39 1 0 64 03:45 0 27 1 0 42 1 0 69 0 24 1 1 42 I 1 66 -04-0V-----:_. ..._._..__ ... _2 29.1 .1 40_.1 3 69 0 30 1 2 49 1...- 2 79 04:15 0 29 1 1 50 1 1 79 2 28 1 0 35 1 2 63 0 04:30 0 27 1 2 28 1 2 55 1 22 1 1 40 1 2 62 04:45 3 42 1 0 38 1 3 80' 0 32 1 0 41 I 0 73 • 05:00 4 27 1 1 49 1 5 76� �� 5 36 1 2 47 I 7 83 05:15 6 23 i 3 4511 9 68 6 22 i 1 55 1 7 77 3y 05:30 14 34 I 2 72'•.1 16 106 12 34 1 5 60 1 17 94 0 05:45 16 25 1 4 52 `1 20 77 19 20 1 3 52 1 22 72 66:00' - 27 31 1 4 52 1 31 83 25 26 1 7 49 1 32 75 06:15 27 22 1 10 51 1 37 73 19 32 1 8 59 1 27 91 06:30 40 25 1 15 47 1 55 72 48 26 1 12 42 1 60 68 06:45 52 20 1 16 .38 1 68 58 59 28 1 12 38 1 71 66 07:00 61 22 1 12 37 1 73 59 51 26 1 13 29 1 64 55 07:15 _ 62 17 1 23�• 37.1 ...BS.... _ 54 58 26 1 18 22 1 76 48 01:30 81 23 1 20 35 I 101 58 68 25 1 19 27 1 87 52 (� 07:45 63 15 1 21 21 1 84 36 71 24 1 15 35 1 86 59 08:00 65 22 1 27 23 1 92 45 57 25 1 25 22 1 82 47 08:15 61 16 1 25 30 1 86 46 45 17 1 31 22 1 76 39 08:30 59 12 1 38 28 1 97 40 61 18 1 20 18 1 81 36 08:45 52 10 1 22 18 1 74 28 43 17 1 25 14 1 68 31 09:00 34 12 1 15 24 1 49 36 37 9 1 21 34 1 58 43 09:15 32 9 1 22 13 1 54 22 35 11 1 18 17 1 53 28 09:30 32 4 1 17 16 1 49 20 23 11 1 18 11 1 41 22 09:45 22 8 1 11 18 1 33 26 30 21 1 32 18 1 62 39 10:00 22 6 1 22 18 1 44 24 16 13 1 12 16 1 28 29 10:15 23 7 1 20 10 1 43 17 24 15 1 18 12 1 42 27 10:30 21 4 1 20 8 1 41 12 22 12 1 19 17 1 41 29 10:45 27 1 1 24 10 1 51 11 22 10 1 28 12 1 50 22 11:00 31 2 1 22 8 1 53 10 17 4 1 21 8 1 38 12 11:15 34 7 1 25 13 1 59 20 29 6 1 24 10 1 53 16 11.30 16 2 1 23 7 1 39 9 31 6 1 21 11 1 52 17 11:45 21 4 1 31 0 1 52 4 29 5 1 30 6 1 59 11 Totals 1029 951 529 1362 1558 2313 974 1047 505 1419 1479 2466 Day Totals 1980 1891 3871 2021 1924 3945 % Total 26.5% 24.5% 13.6% 35.1% 24.6% 26.5% 12.8% 35.9% Peaks 07:15 04:00 08:00 05:30 07:30 05:30 07:15 04:45 08:00 05:30 07:15 05:30 Volume 271 127 112 227 363 339 254 124 101 220 331 332 P.H.F. .83 .75 .73 .78 .89 .79 .89 .86 .81 .91 .95 .88 0 0 0 0 0 0 n I v Weather :Clear, warm DJK Associates, Inc. 41 �y Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 I Board # :A Andover, MA 01810 Start Date: 05/30/2001 Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name Dale Street Cross street•west of South Bradford Street WB EB Page 6 Begin Sat. WB EB Combined Sun. WB EB Combined Time 06/09 A.M. P.M. A.M. P.M. A.M. P.M. 06/10 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 5 33 1 8 31 1 13 64 8 24 I 7 25 1 15 49 12:15 2 22 1 6 27 1 8 49 5 24 I 3 19 1 8 43 12:30 2 37 1 2 25 1 4 62 0 36 1 3 29 1 3 65 12:45 7 30 1 3 21 1 10 51 1 28 1 5 37 1 6 65 01:00 3 24 1 7 32 1 10 56 1 39 1 2 27 1 3 66 01:15 1 29 1 3 41 1 4 70 2 32 1 3 28 1 5 60 Q 01:30 0 18 1 1 27 1 1 45 1 26 1 1 38 1 2 64 01:45 1 27 1 1 22 I 2 49 2 25 1 4 39 1 6 64 02:00 2 30 1 1 28 I 3 58 0 35 1 1 43 1 1 78 02:15 1 23 1 2 28 1 3 51 0 23 1 1 22 1 1 45 02:30 1 22 I 0 21 1 1 43 2 17 1 0 23 1 2 40 02:45 1 20 I 2 38 1 3 58 0 26 1 0 28 1 0 54 03:00 2 17 1 1 23 1 3 40 1 31 1 0 24 1 1 55 03:15 0 32 1 1 29 1 1 61 0 19 1 0 33 1 0 52 03:30 0 39 1 0 22 1 0 61 1 38 1 2 28 1 3 66 03:45 0 25 1 1 29 1 1 54 2 35 1 0 25 1 2 60 04:00 1 25 1 0 27 1 1 52 1 31 1 1 25 1 2 56 04:15 2 19 1 0 29 1 2 48 1 24 1 0 28 1 1 52 04:30 3 21 1 0 18 1 3 39 1 32 1 0 21 1 1 53 04:45 0 26 1 2 18 1 2 44 0 26 1 0 24 1 0 50 05:00 4 27 1 0 31 1 4 58 0 23 1 2 36 1 2 59 05:15 2 28 1 1 33 1 3 61 1 14 1 0 34 1 1 48 4 25 1 5 28 1 9 53 1 19 1 0 23 1 1 42 05:30 D 05:45 6 26 I 2 25 I 8 51 0 20 I 1 31 I 1 51 06:00 11 30 1 2 25 1 13 55 5 16 1 8 23 1 13 39 06:15 3 25 1 8 18 1 11 43 3 26 1 1 22 1 4 48 06:30 10 16 1 2 27 1 12 43 4 30 1 6 22 1 10 52 06:45 13 19 1 11 17 1 24 36 5 18 1 7 16 1 12 34 07:00 17 20 1 6 18 1 23 38 8 22 1 6 18 1 14 40 ( 07:15 14 13 1 8 20 1 22 33 7 23 1 6 24 1 13 47 I`!I 07:30 14 17 1 11 24 1 25 41 8 14 1 8 19 1 16 33 07:45 29 13 1 13 15 1 42 28 17 18 1 1 20 1 24 38 08:00 22 25 1 21 25 1 43 50 8 24 1 9 28 1 17 52 08:15 24 20 1 19 15 1 43 35 15 9 1 11 16 1 26 25 Q 08:30 37 16 1 25 19 1 62 35 21 20 1 11 22 1 32 42 08:45 38 15 1 15 19 1 53 34 34 15 1 18 14 1 52 29 09:00 29 15 1 20 25 1 49 40 16 16 1 14 13 1 30 29 09:15 29 11 1 19 11 1 48 22 23 12 1 11 13 1 34 25 09:30 36 7 1 28 19 1 64 26 19 5 1 23 8 1 42 13 09:95 41 13 1 31 20 1 72 33 21 10 1 23 15 1 44 25 10:00 31 12 1 30 14 I 61 26 28 7 I 26 8 I 59 15 10:15 35 11 1 18 18 1 53 29 29 4 1 24 3 1 53 7 10:30 38 7 1 31 10 1 69 17 15 4 1 20 3 1 35 7 10:45 24 11 1 32 17 1 56 28 23 5 1 21 6 1 44 11 11:00 37 4 1 24 7 1 61 11 36 5 1 19 7 1 55 12 11:15 39 7 1 27 14 1 66 21 22 2 1 31 2 1 53 4 11:30 39 5 1 29 5 1 63 10 31 4 1 28 2 1 59 6 11:45 27 6 1 21 11 I 48 17 56 2 1 31 3 1 87 5 Totals 682 963 500 1066 1182 2029 485 958 405 1017 890 1975 Day Totals 1645 1566 3211 1443 1422 2865 % Total 21.2% 29.9% 15.5% 33.2% 16.9% 33.4% 14.1% 35.5% D Peaks 09:45 12:00 10:30 01:00 09:45 12:30 11:00 12:30 11:00 01:15 11:00 01:15 Volume 145 122 114 122 255 239 145 135 109 148 254 266 P.H.F. .88 .82 .89 .74 .88 .85 .64 .86 .87 .86 .72 .85 0 Weather :Clear, warm DJK Associates, Inc. 71 Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 Board # :A Andover, MA 01810 Start Date: 05/30/2001 Site :North Andover, MA 978 479-1999 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name :Dale Street Cross street•west of South Bradford Street WB EB Page 7 Begin Mon. WB EB Combined Tues. WB EB Combined Time 06/11 A.M. P.M. A.M. P.M. A.M. P.M. 06/12 A.M. P.M. A.M. P.M. A.M. P.M. 12:00 0 26 I 6 22 I 6 98 * I * I * 12:15 0 19 1 2 16 1 2 35 I * I 12:30 1 27 I 1 22 1 2 49 * * 1 + + I + 12:45 0 19 1 4 23 1 4 42 * * I * * I 01:00 2 25 1 0 21 1 2 46 * * I * * I 01:15 0 24 1 1 16 1 1 40 I I 01:30 0 26 1 1 14 I 1 40 * I * I 01:45 1 10 1 0 14 I 1 24 I * I 02:00 0 20 1 0 26 1 0 46 * I I 02:15 1 22 1 0 35 1 1 57 * * I * I 02:30 0 29 1 0 33 I 0 62 * I * * I 02:45 1 25 I 0 32 1 1 57 I * * I 03:00 1 20 1 0 33 1 1 53 03:15 0 34 1 0 22 1 0 56 I * * I 03:30 0 15 1 0 36 1 0 51 03:45 0 i 0 I 0 * * * I I 04:00 0 * I 1 * I 1 * * I * * I a 0 :15 1 I 0 044:30 1 * I 0 * I 1 * * I * * I * * 04:45 2 1 1 I 3 I I 05:00 3 1 3 * 1 6 * * * I * * I 05:15 11 * 1 1 * 1 12 * * * 1 * * I 05:30 9 1 2 1 11 I * * I D 05:45 18 * I 9 * I 22 06:00 27 I 3 * I 30 * * I I 06:15 24 I 10 * I 34 * * I * I 06:30 47 * I 9 * 1 56 * * 1 I 06:45 51 * I 17 * 1 68 * * * I * * I 07:00 71 * I 8 * I 79 * * I * * I 07:15 57 I 17 * I 74 * + + 1 07:30 72 * I 19 * 1 91 * * * I * * I 07:95 73 * I 24 * 1 97 * * * I * * I 08:00 72 * I 20 * 1 92 * * I * * I 08:15 62 * I 25 * 1 87 * * I * I 08:30 51 * I 20 * 1 71 * ( * I 08:45 45 * I 18 * 1 63 * * I * I 09:00 51 * I 18 * 1 69 * * I * I 09:15 27 * I 16 * 1 43 * * * I * * I 09:30 34 * I 22 * 1 56 * * I * I 09:45 39 * 1 15 * 1 54 * I * * 1 10:00 27 * I 19 I 41 * * I * I 10:15 18 * I 20 * i 38 * * I * * I 10:30 28 * 1 20 * 1 48 * * I * I 10:45 16 * 1 15 * 1 31 * * I * I 11:00 29 * 1 32 * I 61 * * * I * I 11:15 13 * 1 17 * 1 30 * I * I 11:30 21 * i 19 * I 90 * * I * * I 11:45 13 * 1 17 * 1 30 * I * I Totals 1020 341 442 365 1462 706 0 0 0 0 0 0 Day Totals 1361 807 2168 0 0 0 % Total 47.0% 15.7% 20.3% 16.8% Peaks 07:30 02:30 07:45 02:15 07:30 02:15 Volume 279 108 89 133 367 229 P.H.F. .95 .79 .89 .95 .94 .92 Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code 546 Board # :A Andover, MA 01810 Start Date: 05/28/2001 Site :North Andover, MA 978 474-1994 Fax:978 414-1778 File I.D. C:\PROGRAM F Street name :Dale Street Cross street:west of South Bradford Street WB, EB Page 1 Begin Mon. 05/28 Tues. Wed. Thur. Fri. Weekday Avg. Sat. Sun. Time WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB 12:00 am * * * * * 3 --8-8 26 6 17 4 15 17 19 01:00 ** * 3 0 5 4 4 2 9 9 11 13 02:00 * * * * * 1 4 1 5 1 4 3 2 9 7 03:00 * * * * 2 2 0 0 1 1 3 3 3 2 04:00 * * * * * * 5 4 6 3 6 4 6 3 4 3 05:00 * * * * * * .40 12 32 11 36 12 8 10 10 6 n 06:00 * * 197 30 139 46 193 38 28 15 12 6 frUl` 07:00 * * * * * 260 82 279 70 267 76 68 49 39 22 08:00 * * * * * * 211 95 244 88 228 92 79 51 60 53 09:00 * * 149 77 113 89 131 83 89 47 89 48 10:00 * * * * 105 80 127 15 116 78 129 81 104 63 11:00 * * * * * * 121 92 101 84 111 88 104 97 88 86 12:00 pm * * * 91 100 102 103 96 102 101 72 110 106 01:00 * * * * 101 94 85 111 93 102 81 96 97 131 02:00 * * * * * 104 124 108 120 106 122 89 93 89 85 03:00 * * * * * * 95 155 115 176 105 166 108 97 120 120 09:00 102 177 122 168 112 172 79 93 116 111 05:00 * * * * 117 234 129 230 123 232 99 100 99 103 06:00 * * * 81 182 97 167 89 174 74 91 64 75 07:00 * 76 116 65 110 70 113 63 52 57 81 08:00 * * * * * 64 91 58 81 61 86 49 60 46 54 09:00 * * * 32 57 33 50 37 57 34 55 43 68 21 33 10:00 * * 32 39 22 39 44 53 33 44 33 57 22 27 11:00 * * 8 25 12 34 18 35 13 31 30 57 18 13 Totals 0 0 0 0 72 121 1945 1882 2030 1912 1985 1894 1369 1318 1290 1267 0 0 193 3827 3942 3879 2687 2557 Avg. Day .0% .0% .0% .0% 3.6% 6.3% 97.9% 99.3% 102.2% 100.9% 68.9% 69.5% 64.9% 66.9% AM Peaks 07:00 08:00 07:00 09:00 07:00 08:00 10:00 11:00 10:00 11:00 Volume 260 95 274 89 261 92 129 97 104 86 PM Peaks 09:00 09:00 05:00 05:00 05:00 05:00 05:00 05:00 03:00 05:00 03:00 01:00 0 Volume 32 57 117 234 129 230 123 232 108 100 120 131 0 Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 n Board # :A Andover, MA 01810 Start Date: 05/28/2001 Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name Dale Street Cross street•west of South Bradford Street WB EB Page 2 Begin Mon. 06/04 Tues. Wed. Thur. Fri. Weekday Avg. Sat. Sun. Time WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB 12:00 am 7 9 10 10 7 20 8 19 6 9 8 13 16 19 14 18 01:00 7 6 3 2 3 1 4 9 1 9 4 5 5 12 6 10 02:00 3 3 1 2 3 1 6 2 2 3 3 2 5 5 2 2 03:00 3 3 2 3 1 1 1 0 0 3 1 2 2 3 4 2 04:00 11 2 5 2 12 8 5 4 3 3 7 4 6 2 3 1 05:00 50 13 40 9 44 10 40 10 42 11 43 11 16 8 2 3 06:00 150 31 158 30 134 34 146 45 151 39 148 36 37 23 17 22 07:00 273 76 273 85 290 67 261 76 248 65 270 74 74 38 40 27 08:00 230 71 225 96 222 84 237 112 206 101 224 93 121 80 78 49 09:00 142 75 141 86 140 77 120 65 125 89 134 78 135 98 79 71 10:00 84 65 92 61 97 80 93 86 84 77 90 74 128 111 95 91 11:00 101 93 93 92 91 83 102 101 106 96 99 93 137 101 145 109 12:00 pm 102 83 109 83 82 89 102 97 109 99 101 90 122 104 112 110 01:00 108 102 79 93 80 71 97 66 86 91 90 85 98 122 122 132 02:00 110 120 101 101 91 105 108 117 111 137 104 116 95 115 101 116 03:00 98 137 115 167 103 152 107 146 104 164 105 153 113 103 123 110 04:00 113 181 119 182 115 176 127 156 112 165 117 172 91 92 113 98 05:00 115 231 113 220 126 195 109 218 112 214 115 216 106 117 76 124 06:00 89 185 81 192 72 188 98 188 112 188 90 188 90 87 90 83 07:00 64 110 61 122 78 113 77 130 101 113 76 118 63 77 77 81 08:00 58 73 55 106 62 77 60 99 77 76 62 86 76 78 68 80 09:00 29 57 31 54 44 90 33 71 52 80 38 70 46 75 43 49 �} 10:00 16 33 22 36 19 35 18 46 50 57 25 41 41 59 20 20 11:00 22 27 10 22 17 32 15 28 21 35 17 29 22 37 13 14 Totals 1985 1786 1939 1856 1933 1789 1980 1891 2021 1924 1971 1849 1645 1566 1443 1422 3771 3795 3722 3871 3945 3820 3211 2865 r} Avg. Day 100.7% 96.5% 98.3% 100.3% 98.0% 96.7% 100.4% 102.2% 102.5% 104.0% 83.4% 84.6% 73.2% 76.9% UAM Peaks 07:00 11:00 07:00 08:00 07:00 08:00 07:00 08:00 07:00 08:00 07:00 08:00 11:00 10:00 11:00 11:00 Volume 273 93 273 96 290 84 267 112 248 101 270 93 137 ill 145 109 PM Peaks 05:00 05:00 04:00 05:00 05:00 05:00 04:00 05:00 04:00 05:00 04:00 05:00 12:00 01:00 03:00 01:00 Volume 115 231 119 220 126 195 127 218 112 214 117 216 122 122 123 132 a c Weather :Clear, warm DJK Associates, Inc. Counted by: SRM Two Dundee Park, Suite 301 Site Code : 546 Board # :A Andover, MA 01810 Start Date: 05/28/2001 Site :North Andover, MA 978 474-1994 Fax:978 474-1778 File I.D. C:\PROGRAM F Street name :Dale Street Cross street:west of South Bradford Street WB, EB Page 3 Begin Mon. 06/11 Tues. Wed. Thur. Fri. Weekday Avg. Sat. Sun. Time WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB 12:00 am 1 13 * * * * * * * 1 13 01:00 3 2 * a a + a + + + 3 2 + a a + 02:00 2 0 * * * * + + + .+ 2 0 a + + + 03:00 1 0 + + + + + + + a 1 0 + + a + 04:00 4 2 + + a + + a + + 4 2 a + a + 05:00 41 10 * * * * * * * 41 10 06:00 149 39 * * * * 149 39 07:00 273 68 * * * * * * 273 68 08:00 230 83 * * * * * * 230 83 09:00 151 71 * * * * 151 71 10:00 89 69 * * * * * * * 89 69 11:00 76 85 * * * * * * * 76 85 12:00 pm 91 83 * + + +a + 91 83 01:00 85 65 * * * * * 85 65 02:00 96 126 * * * * * * * 96 126 03:00 + a + + + a + a + + + + + + a a 04:00 05:00 * * * * + + + + + + + + + + + 06:00 a + + + + + a + + + a + + 07:00 + + + a + + + a + 08.00 + + + + a + + + a + + + a a + + 09:00 a + + + + + a + + + + a + + + a 10:00 * h * + + + + + + + * a 11:00 Totals 1292 716 0 0 0 0 0 0 0 0 1292 716 0 0 0 0 2006 0 0 0 0 2008 0 0 n Avg. Day 100.0% 100.0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% LAM Peaks 07:00 11:00 07:00 11:00 Volume 273 85 273 85 PM Peaks 02:00 02:00 02:00 02:00 Volume 96 126 96 126 ADTs Q L� Dermot J. Kelly Associates, Inc. Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 1 Cars,Trucks,School Buses South Bradford jDale Street . jDale Street From North lFrom East lFrom West _ r] Start I I I l Intrvl. LTime I Right Leftl Right Thrul Thru Leftl Total 07/12/011 1 1 1 n 07:001 7 21 B 341 7 51 63 07:151 5 21 2 471 7 21 65 ILJ 07:301 12 21 2 551 12 BI 91 07:451 8 31 4 591 16 31 93 Hour1 32 91 16 1951 42 181 312 1 1 1 1 08:001 8 11 4 411 13 41 71 08:151 5 21 5 501 20 111 93 08:301 7 11 3 601 24 121 107 U 08:451 7 21 6 521 16 171 100 Hour1 27 61 18 2031 73 441 371 I I I 1 Tota11 59 151 34 3961 115 621 683 % Apr. 1 79.7 20.21 7.8 92.11 64.9 35.01 - % Int. 1 8.6 2.11 4.9 58.21 16.8 9.01 - I I I I I I I I C C 0 a 0 0 72,1 Dermot J. Kelly Associates, Inc. Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 2 oCars,Trucks,School Buses South Bradford jDale Street jDale Street From North lFrom East IFrom West Start I I I lIntrvl. Time I Right Leftl Right Thrul Thru Leftl Total Peak Hour Analysis By Entire Intersection for the Period: 07:00 on 07/12/01 to 08:45 on 07/12/01 Time 1 08:00 1 08:00 1 08:00 1 Vol. 1 27 61 18 2031 73 441 Pct. 1 81.8 18.11 8.1 91.81 62.3 37.6 oTotal 1 33 1 221 1 117 SSIIJJ'' High 1 08:00 1 08:30 1 08:30 1 Vol. 1 8 11 3 601 24 121 o Total 1 9 1 63 1 36 1 PHF 1 0.917 1 0.877 1 0.812 0 Cars N South Bradford Street ^Trucks 27 6 18 *School Buses 0 0 44 ====o o *=== 62 27 6 Inbound 33 Outbound 62 Dale Street Total 95 18 27 0 18 0 230 203 * 0 203 43 0 203 44 0 * 0 * 1 Inbound 117 Inbound --- Outbound 230 Outbound 79 o72 Total 347 Total 300 73 0 * 1 n 73 Imo; 6 79 Dale Street o North 0 E /-1/ Dermot J. Kelly Associates, Inc. ^ Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM LCounted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978 474 1778 Start Date: 07/12/01 Other :North Andover, MA Page 1 DCars South Bradford jDale Street jDale Street From North lFrom East lFrom West n Start I I I lIntrvl. f I Time I Right Leftl Right Thrul Thru Leftl Total U 07/12/011 1 1 1 07:00 7 2, 8 34, 6 5, 62 D 07:151 5 21 2 471 7 21 65 07:301 12 21 2 551 12 81 91 07.451 7 31 4 591 16 31 92 0 Hour 31 91 16 1951 41 181 310 08:001 8 11 4 411 13 41 71 a 08:151 5 21 5 501 19 ill 92 08:301 7 11 3 601 24 121 107 08.451 7 21 6 521 16 161 99 Hour 27 61 18 2031 72 431 369 DTotal 58 151 34 3981 113 611 679 Apr. 1 79.4 20.51 7.8 92.11 64.9 35.0 - °s Int. 1 8.5 2.21 5.0 58.61 16.6 8.91 - D D Lj D D D o D D Dermot J. Kelly Associates, Inc. Weather :Clear, cool Two Dundee Park, Suite 301 study Name: 546AM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board ff :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA - Page 2 OSouth Bradford Dale Street Dale Street Cars From North IFrom East lFrom West nStart I I I lIntrvl. UTime I Right Leftl Right Thrul Thru Leftl Total Peak Hour Analysis By Entire Intersection for the Period: 07:00 on 07/12/01 to 08:45 on 07/12/01 DTime 1 08:00 1 08:00 1 08:00 1 Vol. 1 27 61 18 2031 72 431 nn Pct. 1 81.8 18.11 8.1 91.81 62.6 37.3 I Total 1 33 1 221 1 115 1 U High 1 08:00 1 08:30 1 08:30 1 Vol. 1 8 11 3 601 24 121 C Total 1 9 1 63 I 36 PHF 1 0.917 1 0.877 ( 0.799 1 a Cars South Bradford Street 27 6 18 43 61 Inbound 33 Outbound 61 Dale Street Total 94 18 27 230 203 203 43 Inbound 115 Inbound 221 Outbound 230 Outbound 78 n 72 Total 345 Total 299 (� 72 O 6 78 nDale Street U n North U Dermot J. Kelly Associates, Inc. !n Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-B 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 1 Trucks South Bradford jDale Street jDale Street From North lFrom East IFrom West n Start I I I j Intrvl. f Time I Right Leftl Right Thrul Thru Leftl Total 07/12/011 07:001 0 01 0 01 1 01 1 07:151 0 01 0 01 0 01 0 07:301 0 01 0 01 0 01 0 07:451 1 01 0 01 0 01 1 CHour 1 01 0 01 1 01 2 08:001 0 01 0 01 0 01 0 (� 08:151 0 01 0 01 0 01 0 rU' 08:301 0 01 0 01 0 01 0 08:451 0 01 0 01 0 01 0 Hourl 0 01 0 01 0 01 0 1 1 1 1 Total 1 01 0 01 1 01 2 Apr. 100.0 100.0 - [, °s Int. 50.0 50.0 - llJ]l C U U U Dermot J. Kelly Associates, Inc. Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM CCounted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 2 Q (South Bradford (Dale Street. Dale Street Trucks From North lFrom East lFrom West n Start I I I Ilntrvl. LTime I Right Leftl Right Thrul Thru Leftl Total a Peak Hour Analysis By Entire Intersection for the Period: 07:00 on 07/12/01 to 08:45 on 07/12/01 Time 07:00 1 07:00 107:00 I Vol. I 1 OI 0 01 11 01 Pct. I 100.0 0.01 0.0 0.01 100.0 0.ol Total I 1 1 0 I 1 1 High 07:45 107:45 107:00 Vol. I 1 01 0 01 1 01 Q Total I 1 1 0 I 1 I PHF 1 0.250 1 0.000 1 0.250 I n South Bradford Street fL1l Trucks 1 0 U Inbound 1 Outbound 0 Dale Street Total 1 1 0 n 1 Ui 0 rI 0 �j Inbound 1 Inbound 0 Outbound 1 Outbound 1 n Total 2 Total 1 u; 1 1 1 Dale Street n North L n �7 L Dermot J. Kelly Associates, Inc. n Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM ` I Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 1 O School Buses (South Bradford (Dale Street (Dale Street IFrom North (From East (From West 7 Start I I I I Intrvl. l�J Time I Right Leftl Right Thrul Thru Leftl Total 07/12/011 1 1 1 n 07:001 0 01 0 01 0 01 0 } J 07:151 0 01 0 01 0 01 0 L i 07:301 0 01 0 01 0 01 0 07:451 0 01 0 01 0 01 0 n Hourl 0 01 0 01 0 01 0 1{131. I I I I 08:001 0 01 0 01 0 01 0 08:151 0 01 0 01 1 01 1 L08:301 0 01 0 01 0 01 0 08:451 0 01 0 01 0 11 1 Hourl 0 01 0 01 1 11 2 oI I I I Total) 0 OI 0 Ol 1 11 2 Apr. 1 - -1 - -1 50.0 50.01 - o % Int. I -1 - -1 50.0 50,01 - i I I I I I I I 0 0 0 0 0 0 0 0 0 0 Dermot J. Kelly Associates, Inc. Weather :Clear, cool Two Dundee Park, Suite 301 Study Name: 546AM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 U Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 2 DSchool Buses South Bradford jDale Street jDale Street From North lFrom East IFrom West [-� Start I mtrvl. Time�Right Lefty Right Thru�hr- ThrLefty TotalLeft� Right Thru� Thru Lefty Total ((.�1 Peak Hour Analysis By Entire Intersection for the Period: 07:00 on 07/12/01 to 08:45 on 07/12/01 1 Time 1 08:00 1 08:00 1 08:00 1 1l3} Vol. 1 0 01 0 01 1 11 Pct. 1 0.0 0.01 0.0 0.01 50.0 50.0 nTotal 1 0 1 0 1 2 1 UHigh 1 07:-1 1 07:-1 1 08:15 1 Vol. 0 01 0 01 1 01 Total 0 1 0 1 1 PHF 0.000 1 0.000 1 0.500 1 Q O South Bradford Street 0 0 1 School Buses 1 Inbound 0 n Outbound 1 U Dale Street Total 1 0 Q0 1 Inbound 2 Inbound 0 Outbound 0 Outbound 1 QTotal 2 Total 1 1 1 1 Dale Street n / � U North U Dermot J. Kelly Associates, Inc. n Weather :Clear, warm Two Dundee Park, Suite 301 Study Name: 546PM Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 Board # :TDC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 1 OSouth Bradford (Dale Street Dale Street Cars lFrom North IFrom East lFrom West a Start 1 i i lIntrvl. Time 1 Right Left1 Right Thrul Thru Left1 Total 07/12/011 1 .1 1 16:001 2 11 1 181 25 41 51 D 16:151 2 11 0 171 30 21 52 16:301 3 O1 1 211 29 11 55 16-451 3 11 1 231 33 01 61 O Hourl 10 31 3 791 117 71 219 1 I I I 17:001 1 01 1 201 39 41 65 17:151 4 11 0 191 45 21 71 17:301 5 11 1 221 49 41 82 17.451 3 21 0 201 58 51 88 Hourla 13 41 2 811 191 i5l 306 1 1 l 1 Total) 23 71 5 1601 308 221 525 Apr. 1 76.6 23.31 3.0 96.91 93.3 6.61 - ao Int. 1 4.3 1.31 0.9 30.41 58.6 4.11 - I I I I a a a a a a 0 a a a Dermot J. Kelly Associates, Inc. �D Weather :Clear, warm Two Dundee Park, Suite 301 Study Name: 546PM i Counted by:SRM Andover, MA 01810-3725 Site Code : 00000546 U Board # :TUC-8 978-474-1994 Fax:978-474-1778 Start Date: 07/12/01 Other :North Andover, MA Page 2 Cars South Bradford jDale Street jDale Street From North lFrom East IFrom West n Start I I I lIntrvl. Time Right Lefty RightThru� Thru Lefty Total Peak Hour Analysis By Entire Intersection for the Period: 16:00 on 07/12/01 to 17:45 on 07/12/01 Q Time 1 17:00 1 17:00 1 17:00 1 Vol. 1 13 41 2 811 191 151 Pct. 1 76.4 23.51 2.4 97.Sl 92.7 7.21 G Total 1 17 1 83 1 206 High 1 17:30 1 17:30 1 17:45 Vol. 1 5 11 1 221 58 51 Total 1 6 1 23 1 63 1 PHF 1 0.708 1 0.902 1 0.817 Q O Cars South Bradford Street 13 4 2 15 a ---17 Inbound 17 n Outbound 17 Dale Street Total 34 2 13 94 81 81 15 U Inbound 206 Inbound 83 Outbound 94 Outbound 195 191 Total 300 Total 278 191 G 4 195 Dale Street G n / � u North C � C + I CAPACITY ANALYSIS ,a a U 0 a a a a a a 0 a a a a a � . C RPT Copyright©2001 by DJK. All rights reserved. E Two-Way Stop Control Page 1 of 2 Z� n U TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information nalyst SRM Intersection RIVE gency o. ANDO=, MA ate e orme uns Ic Ion nalysis Time Period na ysls Year 06 BUILD PEAK HOUR rojec as es treet: DALE STREL I o ouStreet: n ersec Ion nen a Ion: East-West 16tu y Period (hrs): e ice o umes and Adjustments ajor reet EastboundWestbound Govemen oume 0 88 3 319 ea - our Factor, Hourly Flow Rate, HFR 0 88 7 3 319 0 Percent Heavy 0 __ __ 0 Vehicles Median Type Undivided u RT Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration TR LT ps ream Igna inor Street NorthboundSouthbound ovemen L T R L T R oume ea - our Factor, Hourly Flow Rate, HFR 11 0 4 0 0 0 ercent Heavy 0 0 0 0 0 0 ehicles Percent Grade(%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 0 onfiguration LR G e ay, Queue Length, and Levelot Service pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 3 15 (m) (vph) 1512 664 /c 0.00 0.02 5%queue length 0.01 0.07 ontrol Delay 7.4 10.5 is LOS A B Approach Delay — — 10.5 Approach LOS -- -- B HCS2000rm Copyright 0 2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k40D2.TMP 7/16/01 Two-Way Stop Control Page 1 of 2 ZZ TWO-WAY STOP CONTROL SUMMARY -eHeral Information Site Information nalyst SHM Enalysis n RIVE gency o. ate Performed 11"ALL 8 1 RLL-F&SITE (� ANDOVE77, MA ear 006 BUILDnalysis Time Period PEAK HOUR 46 as es treet: DALE STPEET o ou ree n ersec ion Orientation: East-West Istu y Penoa TFr7T— e ice o umes and Adjustments ajor reet EastboundWestbound ovemen o ume ea - our Factor, PHF 1.00 1.00 Too 1.00 1.00 Hourly Flow Rate, HFR 0 257 12 4 110 0. ercent Heavy 0 __ -- 0 -- -- ehicles i I R Median Type Undivided U RT Channelized 0 0 Lanes 0 1 0 0 1 0 �{ onfiguration TR LT ll ps ream Signal inor Street -Northbound ou oun ovemen L T R L T R oume ea - our Factor, Hourly Flow Rate, HFR 5 0 2 0 0 D ercent Heavy 0 0 0 0 0 0 ehicles Percent Grade(%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 0 1 0 onfiguration LR e ay, Queue Length, and Levelof Service pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 4 7 (m) (vph) 1306 661 /c 0.00 0.01 5%queue length 0.01 0.03 �? ontrol Delay 7.8 10.5 U LOS A B �-y pproach Delay -- -- 10.5 [ j pproach LOS -- -- B U HCS2000TM Copyright 0 2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k40D2.TMP 7/16/01 Two-Way Stop Control Page 1 of 2 23/ TWO-WAY STOP CONTROL SUMMARY General Information i e Information Rnalysis Intersection ALE STREET BRADFORD 8 me uns Ic Ion01 EXISI e PeriodWEEKDAY MOHNIAlb na ysls earPEAK HOUR ro�ec as es treet: DALE STHEE I iNorth/SoUMStreet: n ersec Ion Orientation: East-West lbtu y Period (nrs): e ice o umes and Adjustments ajor reet EastboundWestbound ovemen o ume 44 73 0 0 271 18 Q ea - our r ac Ior, Hourly Flow Rate, HFR 44 73 0 0 271 18 ercen Heavy 0 __ __ 0 ehicles Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR ps ream Igna in StreetNorthbound Southbound overnent 9 10 11 12 L T R L T R o ume ea - ourac or, Hourly Flow Rate, HFR 0 0 0 6 0 36 ercent Heavy 0 0 0 0 0 0 ehicles Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 onfiguration LR e ay, Queue Length, an eve o Service pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR ( P v h) 44 42 (m) (vph) 1284 725 /c 0.03 0.06 5%queue length 0.11 0.18 ontrol Delay 7.9 10.3 LOS A B pproach Delay -- — 10.3 pproach LOS -- -- B HCS2000T M Copyright©2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY Eate era Information i e norma ion ys Intersection ALE STREET ORTH AND=, MA o. e orme uns 1c 1onWEEKDAY EVENING na ysls earysis Time Period PEAK HOUR rojec as es Street: o ou ree n ersec ion Orientation: East-West pitu y Penoa (nrs): e ice Volumes and Adjustments ajor Street EastboundWestbound ovemen oume 18 22Y 0 0 98 n ea - our Factor, f Hourly Flow Rate, HFR 18 229 0 0 98 2 L� ercent Heavy 0 __ __ 0 -- -- ehicles Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LT TR ps ream Signal mor Street Northbound ou oun (� ovemen u L T R L T R oume ea - our Factor, Hourly Flow Rate, HFR 0 0 1 0 4 0 16 ercent Heavy 0 0 0 0 0 0 ehicles (� Percent Grade (%) 0 0 u Flared Approach N N Storage 0 0 R RT Channelized 0 0 ll Lanes 1 0 0 0 1_01 0 1 0 Configuration I I I LR (� ellay, Queue Length,and Levelof Service �} pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 DLane Configuration LT LR (vph) 18 20 C (m) (vph) 1505 871 /c 0.01 0.02 5%u queue length 0.04 0.07 ontrol Delay 7.4 9.2 LOS A A pproach Delay -- -- 9.2 pproach LOS -- -- A HCS2000TM Copyright©2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 Two-Way Stop Control Page 1 of 2 2--� GTWO-WAY STOP CONTROL SUMMARY eneral Information Site Intormation nalyst SRM Intersection ALE STREET gency o. VER, MA ate e orme uns Ic Ion WEEKDAY MORNIM5 na ysls ear 6 NQ BUILD nalysis Time Period PEAK HOUR rojec as est Street: DALE STREE I INorth/SouthStreet: n ersec Ion Orientation: -East-Westu y Period thrs): e ice Volumes and Adjustments ajor Street Eastboundes oun ovemen oume 49 81 0 299 20 ea -Hour Factor, Hourly Flow Rate, HFR 49 81 0 L 0 299 20 ercent Heavy 0 0 ehicles Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 (� onfiguration LT TR u ps ream Signal inor Street NorthboundSouthbound ement 9 10 11 12 L T R L T R oume n ea - our Factor, Hourly Flow Rate, HFR 0 0 1 0 7 0 ffo- ercent U ercen Heavy 0 0 0 0 0 hicles Grade(%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 1 0 0 1 0 onfiguration LR n e ay, Queue Length,and Levelof Service U pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 49 47 n (m) (vph) 1252 694 Il J] /c 0.04 0.07 5%queue length 0.12 0.22 ontrol Delay 8.0 10.6 LOS A B pproach Delay -- -- 10.6 npproach LOS -- -- 8 U HCS200JM Copyright©2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 Two-Way Stop Control Page 1 of 2 2� TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Itersection gency o. ALE STREET Date Performed uns is ion Analysis Time Period na ysis Year 12006 NO BU LD [PEAK HOUR rofec as es Street: DALE STREET INorth/9ouThStreet: n ersec ion Orientation: as- es u y Penoa (nrs): e ice Volumes and Adjustments ajor Street EastboundWestbound ovemen oume 20 253 0 108 2 Q ea - our Factor, Hourly Flow Rate, HFR 20 253 0 0 108 2 ercen eavy 0 __ __ 0 ehicles Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Sign7a MinorStreet Northboundou oun Movement L T R L T R oume ea - our Factor, PHF 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 0 0 4 0 18 eehicles rcen eavy _770 0 0 0 0 Percent Grade(%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 onfiguration LR e ay, ueue Length, and Levelof Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 20 22 (m) (vph) 1493 859 is 0.01 0.03 5% queue length 0.04 0.08 ontrol Delay 7.4 9.3 LOS A A pproach Delay — -- 9.3 pproach LOS — -- A HCS2000T M Copyright 0 2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 Two-Way Stop Control Page 1 of 2 IJ TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information AnalystIntersection Agency/Go. DJK ASSOCIATES, ING. LE STREET Date Performedurls Ic IonORTH AND0 VER, MA nalysis Time Period na ysls ear PEAK HOUR ro�ec as est Street: VALL STREET EM70th Street: n ersec Ion rlen a Ion: as- es u y Ferioa(nrs): e ice o umes and Adjustments ajor Street EastboundWestbound ovemen o ume ea - our Factor, Hourly Flow Rate, HFR 49 87 0 0 308 22 ercent Heavy 0 __ __ 0 ehicles Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR ps ream Igna inor Street NorthboundSouthbound ovemen L T R L T R oume ea - our Factor, Hourly Flow Rate, HFR 0 0 0 8 0 40 ercen eavy 00 0 0 0 0 ehicles Percent Grade (%) 0 0 a Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 onfiguration LR e ay, ueue Length, an eve o Service pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 49 48 C (m) (vph) 1241 678 /c 0.04 0.07 5%queue length 0.12 0.23 Control Delay 8.0 10.7 LOS A B pproach Delay -- -- 10.7 pproach LOS -- -- B HCS2000TM Copyright©2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 Two-Way Stop Control Page 1 of 2 1J TWO-WAY STOP CONTROL SUMMARY General information Site Information rnalysis s Intersection cy o. ALE STREET 2006 BUILD ate e orme uns is ion Time Period 91, NING na ysis ear PEAK HOUR ro�ec 546 as est btreet: DALE STREET lNorth/Southree n ersec ion Orientation: st-West ptudy Period (hrS): e ice Volumes and Adjustments ajor Street LaStboundWestbound ovemen o ume 20 263 0 0 112 ea - our actor, Hourly Flow Rate, HFR 20 263 0 0 112 3 Percent Heavy 0 -- -- 0 -- -- Vehicles Median Type Undivided lIeak-Hour Channelized 0 0 nes 0 1 0 0 1 0 nfiguration LT TR s ream ignaor ree o oun ou ounvemenL T R L T R ume Factor, Hourly Flow Rate, HFR 0 0 0 6 0 18 Percent Heavy 0 0 0 0 0 0 Vehicles Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 1 0 0 0 0 0 0 onfiguration I I I I I LR e ay, Queue Length, and Levelof Service pproach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 20 24 { (m) (vph) 1487 820 4 /c 0.01 0.03 U 5%queue length 0.04 0.09 ontrol Delay 7.5 9.5 LOS A A pproach Delay -- -- 9.5 pproach LOS -- -- A HCS2000TM Copyright©2000 University of Florida,All Rights Reserved Version 4.1 file://C:\WINDOWS\TEMP\u2k5012.TMP 7/18/01 l�fi I U � �- D i' -- � � f �..._ �1 �� - o� � - or � a - � , . z - �� - ® �- �- �a - o �- I � f �, a- � " � �- i _�,._ _ � i }