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Miscellaneous - 537-535 Waverly Road
X37BUILDING FILE- - i Date. �.IA . . . . ... ,,ORTOI '�'O 32 �` TOWN OF NORTH ANDOVER ` PERMIT FOR GAS INSTALLATION h �,SSACHUSEtt r This certifies that . .5.o. . . . . . . . . . . . . . . . . . . . . has permission for gas installation . . . .&:'`J/ -.x..-- . . . . . . in the buildings of . A P...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . .'?�. . . �!- ��'. �.. . . . . . . . . . , North Andover, Mass. Fee. IP v Lic. No.. . 1 GAS INSPECTOR Check# f 7► /7 3 5563 i .�\ MASSACHUSETTS F In"lnl ort UNIFORM APPLICATION OR PERMIT TO DO GASFIT Mass. Dale I'fNG Building Location3 Permit st ve�.Qj- Lwq4 Owner's Name U S ( ,gyp � New Type Type of Occup Renovation CDancyReplacement ❑ Plans Submitted: Yes v, ❑ No ❑ W1 1( W N CL V' ¢ U z 4 N W Ncc l7 J N W O b 1"' F' Z < ¢ 01 Vr 1 W yr O O - ,W V1 Cr J �( 4 Vr < Cr OU. > I v zcr 1 W J z p W W U C W W F- I � Y O V W O 2. �( 1 m z 0 z W J }�' W C U J U ¢ Y p 0 5U8—B5MT1- , 0 exSEME14T 1 ST F L 0 o n ` a � _ 2110 FLOOR 3 R 0 F L 0 o n r 4TIt FLOOR STII FLOOR eTH FLOOR 7T11 F L 0 0 n 8711 F L 0 o n ^aulne Company Name —' t– ��Cress 1g Check one: Certlllcale �' (a� u1' Corporallon $'__f �sincss Tcicphone�� 8c- ❑ Partnership •amc of LIccnsed Plumber or Gas Filter ❑ Flrm/Co. 'iSunANCE COvEnAGE: �'"'c a current Ifablllly Insurance Yes O No Q policy or Ks substantial equNalent which meets lh_e requlremenls of M o'� ��c checked Gt_ Ch. tat L please Indicate the type coverage by checking the appropriate box. = lny Insurance p011cy ❑ Other type of Indemnlly CD'y�+En'S Ir4SU(7ANCE WAIVEn: I am aware that the licensee does Bond ❑ �01cr I42 or the Mass. General Laws, and that m not have the Insurance coverage required by MY signature on Mils Permit appllcallon waives this requirement ' V ! Q mar's Agent Check one: Owner Agent ❑ ''r ce'liry lhal all of the delalls and inlormallon I hav °cam' 'no lnal all plumbing Wolk and Installations ° submitted (ol enlered) In above a II °'0~'�ons of lne Mass.aChUSe111 Stale Cas P°hormed under Ille PD Callon are V Code and permli Issued for this a II u' and accurale to th Cllapler 142 o IAuane PP canon will be In a best cl n.r T ws, compllenp w11h j1, ` of Ucense: ' f'lumbcr slillor copse ^o Msslcr Um el Or as rller Jou neyman Ucense Number i s Date. ../j. � G 4. TOWN OF NORTH ANDOVER dL PERMIT FOR PLUMBING 40 ,SSACMUS� ?- This certifies that . . ��.�. k.1 . .`. . . . . . . . . . . . . . . . . . . . . . has permission to perform . . . .44.a 4+ plumbing in the buildings of . .�. ! . f. . . . .. . . . . . . . . . . . . . . at . . >. . . . . . . . .e . . . . . . . . . . . . .. North Andover, Mass. Fee. .3.?j. . .Lic. No.. ." .`. . AUMBI'NG INSPECTOR " Check it MASSACHUSciTS UNIFORM APPLC�� mint or ypd ON FOR PERMIT TO DO PLUMBING S=-\ Mass. cats Eurldlng Laa4UI ticn ,S7 �. Owne.'s Namc"- SW.I _ Type cf Oc�Jpanry New Renavzticn Q Rc;:1ac_:rc-jt ❑ Flans SUbmrtte- Yes ❑ N B P . _ S cr�ER- F�JRES S E? S T_T C- n J a c J h W h•• W y - C A - C) = a� H• U W N Y < 4 - - V x C W C f m C = W C { N C C d C C .� U. h V ~ 3 _3 d _C = Y a O H• < Y n c C W L _ c 41 IK sLa-sSM T. I I I I I I I I I I I- IrASLAIN I ( I i ,5- ,<LoaR I l l t l l I I III I I I 1 1 1 1 1 1 ZNo FLOOR SRO FL00R I I I I I I I I I I I I I I I <-N FLOOR I I I I I I I I I I I I I I I I I I I I II s'K FLoaR I I I I I I I I I t I I I i I I JJI I I I I I I I I I T}{ FLO6OR (I I •THFLOOR d-7HFLOOR I I I I I I fJ'' � I Irs�lfir,� t:zny Name .� . Chmc one: Ce:'rIa to ��1L�7�, C5 ❑ Far�tc. p °usinczz Tc!Cphcne�- 1 ❑ Furrt/Co. Name cf Uc-uc:� Plcantxr \ y INSURANCE CCVE AGF-: I rave a c,•rrerrt (iabrTRy No ❑ P�c! of Yes ❑ Its sJbs.ant?aJ c-- �r�+e-t w^ic mees the reaairements of MGL C: It ycu have c:hc kd:aM plersse Indicate the type e�vm age by che:'king tFe appropriate box A a bJity hsuraner poky ❑ Other type of Indemnity ❑ 8ond ❑ OWNER'S INSURANCE WA,fVF-P- I am aware C-aptc; 142 at the Mas.- that the Tice:sce does not have the IrLs Gtneraf Laws, and that my signature on this pe.^rnk applfatJcn wclves this 9��re.`tv Check one: Stnaturo or p-n-r ` Owner ❑ cr Gamer s/gent Agent ❑ I herby cutty that al of the detub and information I have =bmtted (or en(ered)in above appGaGon tiowiedge and that ad plumbing work and'ats3apatons ue true and acmb la the hd c( -� went rho Pvfomlyd undo the park iss•ed for this aapuQUcn mll be in cmpfruus vnL1 a] D m of the WZ=acyu-atts State Pwmbing C.ee and fer 142 0( ha Gi t iw- ?v I „�. .ignature or L cmn-,.ra lumov. Type of L;cns.e: Wa.�,er ®/ )cumryman 1 ri - c ryLY) Lungs NumberC] I i Date. .f . . NORTp TOWN OF NORTH ANDOVER Oq ,+,4.0 3? ��.r .'• OL � PERMIT FOR PLUMBING ,SSACMUS� �~ This certifies that . . . ?. . .�.-. .�. . . : . . . . . . . . . . . . . . . . has permission to perform . . . . .j .'`wr`: :. . . . . . . . . . . . . . . . . . . . . plumbing in the buildings of . . . .f. . °:. : . . . . . . . . . . . . . . . . at . . . . . .. . . . . . . .`. . . . . . . . .{. . . . , North Andover, Mass. f Fee. Lic. No..'�.% .`. . . . . . . . . . . :� <� ` . . . . . . . PLUMBING INSPECTOR Check # MASSACHUSc a:,-.mt or T ) PE- RMT UNIFORM APPLICATION FOR P� MIi" TO 00 PLUMBING e Cate . 3 (ou _ p it Eurlding Location f ` Owne.�s Name V ` Type ct Oc=,rpancy �5 _ New (/ Renevaticn Q Fe,lace nnnt ❑ Plans Submr�:e ' Yes ❑ Nc [ ' S�,7ER- FXTURES UREA S s9 J< C ;; J, r- C. L LL U La W U-K C L C c � CY7 —Qd l II �°...aJ 1 C a c I= A S1 21MI I i I I I Jl I II II I�-47HI i Opt X3 FLOOR ft I � l � I I I I I I I I I I I I I I I J.}{ FLOOR .I I I I I I I II I I I I FLOOR I I I 6TH FLOOR { FLOOR LOOR} F Irstaltlrq,C:,mrany Name —� �- '� ,,,�C•hec.'c one: Address [7 Carpertkn L ❑ Far�c-=hi Eusine z — P Name d Lrc-tsc:d Plumber INSURANCE COVERAGE: I I=ve a rrrterrt InbSfty Iruunne pcliry or Its subs'.ar,tial c ,uivalent Yes ❑ No c) which mee+s the requirements of MGL CL 1=2 If ycu have decked vu, pias= l-4ate the type Coverage by c`tecrcinq the appropriate box A kbi rTty hrzanr porky ❑ Other type cf c=ity ❑ Bond ❑ OWNE—L;rtcr 1 INSURANCE WANE L- 1 am aware that the Hct:sae does not have the Insurznera ee coverage rewired by C=`aper t<2 of the Mus. Ga�etzl Laws. and that my signature on thls pa-md aFpllcaUcn waives this requirc:rcn11 Check one: -"..4 "fig of Ownar or Gvmar'sOwner ❑ Agent CDagent I henby artily that aD of the details and information I have Submitted (or entered)in abave :ppaction are but and ==rats to the bt? of,-y lcrw+lsdge and that a0 plumbing work and instigations performed under the pen-.it iss.ed for this iopuatkn mU be in cmpGana vriil a1 partr"t p``y'OrL'a the Wassachusatts State Plumbing Cade and pter 142 of the Ge anal Law• 2y C I rue •�g��e of Licvisea lumoer (N ay/Town Type of Lunge: Master kumernan ❑ l ri NLY) Licznse Number �ad� Date... A TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING ,SSACHUS Thiscertifies that ............................................................. ............................... has permission to perform .............. .V S./............... ... ..... ...... ... ...... ...... . .. .. .. .. fel mss A wiringin the building of.............................r ................................................... at...... ......'..)....7.......k4j;l"Le..../?.t)............... .North Andover,Mass. .. ..... ....... Lic.No. ....... Fee..:�i?� ELECTRICAL IN PEIJ Check # 6 4 !) 9 Commonwealth of Massachusetts 0 9 . Department of Fire Services Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 905] APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK \11 %Nol-k to be performed in accordance\Nitll the\I;l',-,,ZIClILISCttS HCOI-iC,11(Axic(\V_.C). 5/7 CAIR 12.00 il'LE.ISEPRI,\TI.N-I,N'K()RTI'PE ILL V01, 1ATIONJ Date: City or Town of: To die hmy? Wires: I CL101.ol 13Y this application the undersigned dives noit'i-cC"ri his or her inter lot] top f 11 (lie clecti al work-k desci-ibed below. Location (Street& Number) 52 2 Owner or Tenant ,-4 rlAa.01)0 Telephone N Owner's Address SA9 Is this permit in conjunction with,a buildin vmit'.' Yes No 1:1 (Check Appropriate Box) Purpose of Building_ k��) z& Utility Authorization No. Existing Service Amps Volts OverheadEl Undgrd ❑ No.oll"Meters New Service Amps. � Volts Overhead ❑ Undgrd No.of Meters Number or Feeders and Ampacity Location and Nature of Proposed Electrical Work: Ctwiplelion h1hie M01 1W 1111/1 I/hVille h ISI)CCtOr()/'I I'll No.of Recessed Luminaires No.of Ceill.-Susp.(Paddle)Fans No.of Total A 14/7 / Transformers K%,'A No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming P001 'bove Ei In- — No.of Emergenel Lighting grnd. Vrnd. F� -Battuiry Units No.of Receptacle Outlets &/9 No.of Oil Burners FIRE ALARMS �No. of Zones No.of Switches No.of Gas Burners No.of Detection and 1;Lr Initiating Devices No.of RangesNo.of Air Cond. —Tota' A4,5 No. of Alerting Devices No. of Waste Disposers- Heat Pump I Number Tons K No. of Self-Contained ,rPump Ton otals: I I 1 1 Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local[I 'Municipal 0 Other Connection No. of Dryers Heating Appliances KW Security Systems:* No. of Water No.or – No.jif— "caters KW No.of Devices or Equivalent signs Data Data Wiring: No.of.Devices or Equivalent No. Hydromassage Bathtubs No, ofiNlotors Total VIP Telecommunications Wiring: No.of Devices or Equivalent OTHER: I noch,i,kh i i j iu,',/L,t,j I i lexii cd, 0) Ls PC'I It 1) h.t I ilL'110/;('L t I I 11 Estimated Value of Electrical Work: (N\lien required by municipal policy.) �koi,k to Mart: Inspections to be requested in accordance with MEC Rule 10, and LIP011 C0111PICtiOn. INSLRANCE COVERAGE: L,nIcss waived by the owner. no permit foi-the performance of electrical work may iSSLIC 11IL: licensee provides I'l-00for liability IIISLII-,IIICC ilICILI(lifl!",_-onipIctcd operation"covel-agc or its substantial equivalent. I h4,- HILICI-S i�!:Iled Cef'tifiICS tIl;It";LICII Co�eElz-.,Q hos pi-oot of same to the Pci-Illit ol rice. IIF(_X 0\ NE- INSI RA\0: 2_110' 1) El (WEIR 1:] (Sliccily:) wider 11teZ!LLins einill)ev�ies ol'perjury, 3tal thehifi)rmal, I his z IN't'lion A 11-tie aitel co,nlylefe. FIRM NANIE: wal 1hei, ..... 7 Licensee: natuYeIJC• qO.: s tit 41us Tel. N Address: Allt. Tel.1'.security system Conti-actor License_1'17LjI.III_LTfoI-this if appIiLable, litci-the IliCV11SC number here: OWNER'S INSURANCE NNAIVER: I ;uli aware that the Licensee dog",;Iol havc the liability insul-ance c,)vera`e iquired by law. By my:signature below, I hereby waive this 1-cquil-cliltlit. I ;im the(check one)[] ownvr L] 0kkncl"s IL' I Owner/Agent ItiYlattlre "ALphogit: PFRXf IT FF,F,- i Date...7....:...z p..D(�. y NORTH TOWN OF NORTH ANDOVER A PERMIT FOR WIRING � l This certifies that ..........�!.. .S cel/ / &L CT ..................................................................... has permission to perform ...........IV ....4.�. �.j)d. . ..... ................................. wiring in the building of ES$.st CpvS?" ..................................................... "r at.....S., ........kMA5i 7X ve ...... ,North Andover,Mass. Fee......�� . .,.... Lic.Noh j�370 .:�. ............ ....... d ELECTRICAL INSPECTOR Check # .VW— Commonwealth of Massachusetts Official Use Only 4w Department of Fire Services Permit No. ,y BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked [Rev. 9/051 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECT ICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code( C), 7 CMR 12.00 (PLEASE PRINT IN INK OR TYP AL NFO YTION) Date: City or Town of: -ZLZTo the In pect r of Wires: By this application the undersigne gives notice o his or her int ntion to erf rm the electrical work described below. Location(Street& Number) Owner or Tenant Telephone No. 3t i!W Owner's Address Is this permit in conjunction with a quilding permit? Yes No ❑ (Check Appropriate Box) Purpose of Building �QyJ Utility Authorization No. !;��l Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service ;eg�ZZ Amps Volts Overhead ❑ Undgrd Oo""'No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of the following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Ceil.-Susp.(Paddle)Fans No.of Total Transformers KVA No. of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ In- ❑ o. o Emergency ig mg rnd. rnd. Batter Units No.of Receptacle Outlets ��'"� No.of Oil Burners FIRE ALARMS No.of Zones -� No.of Switches No.of Gas Burners No.o Detection and Initiating Devices No.of Ranges No.of Air Cond. 1 Tons No.of Alerting Devices Heat Pum Number Tons W No.o elf-Contained No.of Waste Disposers / Totals Detection/ inDetection/AJL-tfing Devices d No.of Dishwashers Space/Area Heating KW Localun'c'pal ❑ Other Connection No.of Dryers Heating Appliances KW Security Systems:* No.of Devices or Equivalent No. o Water KW No.of No.o Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent No. Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage4riffTorce,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Speci :) I certify,under the pains and alties of perjury,that the/nformat o n leis lication is true and complete. FIRM NAME: /�� LIC. NO.:,,eq1J770 Licensee: R— Signat re LIC. NO.: (If applicable, enter "exen "in icen mbe .) Bus.Tel. No.• Address: Alt.Tel. No. *Security System Contractor License require for this work; if applicable,eer the license number here: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does of have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the(check one)❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ Commonwealth of Massachusetts - N. - l� I Pcrr»ir No. lO �� z, a Department of Fire Services Occupancy and Fee Checked x ', BOARD OF FIRE PREVENTION REGULATIONS [Rev- 9051 11�a�r blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All %\ork to he perfrnn,ed in accordance\\ith the\IaS>nchuSe(ts I.Icctrical Code i 7('SIR 12_.1)0 rl'LE,ISE PRLAT LV I K OR TYPE i I LLSFO) . 1•I TIO),v) Date: City or Town of: To they hr.shre•!ur l)J 66'ires: 13y this ,Ypplicution the undersi„ned gives notice of his or her inter lull top t'u n the electrical work described below. Location (Street& Number) tj Fd -`? 2— Owner ( oner or Tenant Telephone No�'� Owner's Address Is this permit in conjunction wit a buildin mit? Yes No ❑ (Check;appropriate Box) Purpose of Building s ^�yL �_ Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No.of'Meters New Service / Amps Yi' — Volts Overhead ❑ Undgrd No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: ('om leIion a/the Jr,Ilrnt ing able Iter-he a 01rL11 by the hl.l'A' h>r of I1'ir No.of Recessed LuminairesNo.of Ceil:Susp.(Paddle)Fans NO•o Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA ,above In- : o. o mergency Lighting No.of Luminaires Swimming Pool r•nd. rod. � .B�nits No.of Receptacle Outlets No.of Oil Burners ��FIRE ALARM o.of Zones jN� No.of Switches No.of Gas Burners 'No.of Detection and I Initiatinz Devices No.of Ranges JNo.of Air Cond. Total rNo.of Alerting Devices , Tons g No. of Waste Disposers / Heat Pump t Number Tuns I KW ;No.of Self-Contained ! Totals: Detectionliklerting Devices No. of Dishwashers Space/Area Heating KW Local❑ 'Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems:* No.of Devices or Equivalent No.of Water KW. No.o No.of Data Wiring: Heaters Si ns Ballasts No.of Devices or E uivalent ( No. Hydromassage Bathtubs No.of Motors Total HP I clecommunications Wiring: No.of Devices or Equivalent [OTHER: I ' Illct:h rh.liltr:ltu; lrttil r/rlr.crrr/I ur,t.v rriarrel hp t%re hisprel;t' , fl',•, Etimated Value of Electrical Work: hen required by municipal pulley.') �kork to Start: hispections to be requested in accordance with MEC Rule 10, and upon completion. INSLRANCE COVERAGE: Unless waived by the owner. no permit for the performance of electrical work may issue unlcs, the licensee provides proofoffiability insurance includin"":omplctcd operation”coverage or its substantial cqukalcia. I he undcrsi!: 4,e4� oma MIL 0 �9 PR N ' 1 i r Date.!.... .... NORTH °`<�``° '•�"� TOWN OF NORTH ANDOVER p PERMIT FOR WIRING ♦off+ `��•+ �,SSACHUS� This certifies that ....... ?...... ...................... r has permission to perform ��� w�¢...................................... ........................ .. ..... . wiring in the building of M S�*�:�7 ...412 7— ................................ at.....,;7:3.-�?....!.��1��/E 'k Y 1` �................ .North Andover,Mass. Fee.r3.7y-m0. Lic.NoAIM?7,,,�............ E. �.. LECTRICAL INSPECTOR Check # a Zby VtJUi� Commonwealth of Massachusetts Official Use Only Department of Fire Services Permit No. Z` Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 9/051 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code( C),5 7 CMR 12.00 (PLEASE PRINT IN INK OR TYVE)AL NF TION) Date: City or Town of: Q �(� �• To the Inspect r of Wires: By this application the undersigned gives notice of his or her intention top fo m the electrical work described below. Location(Street& Number) Owner or Tenant Telephone No. Owner's Address Is this permit in conjunctA�with building permit? Yes No ❑ (Check Appropriate Box) Purpose of Building � Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service An2 Amps /99WVolts Overhead ❑ Undgrd gr--,/No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of the following table naay be waived by the Inspector of Wires. No.of Recessed Luminaires No.of CeilTr .-Susp.(Paddle)Fans o Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ In- ❑ o.of Emergency Lignting rnd. grind. Battery Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of SwitchesNo.of Gas Burners No.o Detection and Initiating Devices No.of Ranges No.of Air Cond. Tonal 3 No.of Alerting Devices No.of Waste Disposers Heat Pump Number I Tons KW No.of Self-Contained Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local Municipal El Other Connection No.of Dryers Heating Appliances KW Security Systems: No.of Devices or Equivalent No.of Water KW No.o No.o Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent No. Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. ' Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such cove ra in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify.) I certify,under this and pe ties of perjury,that the informati n t_ cation is true and complete. FIRM NAME: �(/ LIC. NO.:1416520 Licensee: Signatu e LIC. NO.: (If applicable, ente• "exemrZn th�iF' nse u er 1' .) Bus.Tel. No Address: /� Alt.Tel. No.. *Security System Contractor License required for this work; if applicabl , enter the license number here: OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. 1 am the(check one)❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ Date.. l.. .... .. NORTH TOWN OF NORTH ANDOVER ' PERMIT FOR GAS INSTALLATION 9 �9SSACHUSEt4 5; This certifies that !Z,/ . . . . . . . . . . . . . . . 111 has permission for gas installation . . . ii- "in the buildings of . ,, r,': . 7-: . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . .`"-." j. . . . . . . . . . . . . North Andover, Mass. Feel.v.�. Lic. No., .3`.�. . . . . . . :U ��^. . . . . AS INSPECTOR Check# 64.,75 MASSACHUSETTS UNIFORM APP MIT TO DO (r11n1 0, 1yp LICATION FOR PER • � � GASFITT(NG Mass. Dale Building Location . Permit 7� . s l )I'- -_Owner's Name u51e,� �—. Type of Occupancy •5 New Renovation ❑ Replacement ❑ Plans Submitted: Yes ❑ No ❑ .� N VI ¢ �� N U ¢ N W W Zi� rc O f' Cr 7 0 0 Cr W ~ c ' z .4' _ ¢ ¢ c V1 t^ L: 2 O D .O F W N YI I JJ ul o — O H 3:1 V% WxuWx J ¢ U cc Z .f W J Z H W W0 o > ,y W U H !!!¢ ¢ x O V S Y. 7 O V O O W a O �^ F.. J u ¢ > o a SUB—BSMT, ° BASEME14T _ IST FLOon 2110 FLOOR ]ROFLOOn 4TH FLOOR STII FLOOR eTll FLOOR 7TIl FLoon BT1l FLoon -)sialling Company Name ddress $ Check one: Certl(Icale i� (9/Corporallon G 5usincss Tcicpllone� ��.$C{� ❑ Partnership `lame of Licensed Plumber or Gas Filter r' Flrm/CO. r 4 s u n ANCE COVEnAGE: / nave a current liability Insurance Polley or Its substantial a utval Yes 4 ent No O which meets the _ requirements you he the have checked yes please indicate °r MGL Ch. tat. type coverage 9 y checking the appropriate box. = 11u511rty Insurance policy ❑ Other type of Ind em Wily ❑ Bond ❑ DWHER'S INSunANCE WAIVEn- I em aware that the licenseedoesdoes�� the Insurance covenge required by r'-3vlcr 142 of the Mass. General Laws, and Thappllcallon Waives my signature on tills permit . awes ihls requirement. Check one: ;n7ivle of Qwn01 01 twner'S Agent Owner❑ Agent ❑ 0,6I°'eCy cattily Thal all of the details and Information i have submitted (or entered) In above ' Y c and Thal all plumbing walk and or altion I Went tan 7 a II o ,� a DD call on r10 on of sol Ih• M rmed un a due assachusells Slala G p del the pelmlt Issuedand accurate core to h Gas Code and C1lapler 142 of Iha 0onealoW'hls �ppll�llon vr111 be In compliance wlih rimy T of Ucense: e number illor 9 aluie o conse um or or 10-n Maslcr Q tier Journeyman Ucense Number D � . Date. 40RTPI ti TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING ?o SA This certifies that . . . .5'(. z/ .. . . . . . . . . . . . . . . . . . . has permission to perform . . . . . . . . . . . . . . . . 0-1 plumbing in the buildings of . . . ./. : ". `... . . . . . . . . . . . . . . . at . . . . . . . . . . . . . North Andover, Mass. Fee.7�.>. . . . .Lic. No..fir. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLUMBING INSPECTOR Check # J' MASSACI;USciTS UNIFORM APPLICATION FOR PERMIT T O DO PLUMBING S:_\ mint r T s) C Mass. Cate Pwnia :. EuJding Location S Owne.'s Name h _ Type ct Oc7lpanry S New ((� a Sencvaticn ❑. Fe.lac_Want ❑ Plans Submr�te�': Yes ❑ N S��7ER, Ft, i'UFsES c SE?TTC4 ` W a x < W r- c = v W Y J N } V < NAj x C W O - < Uj W C = < W C < H C d C O tt h- U a = _x a 0 1 W it CIC I3 -IhI � CIC C i l l l l i l l l l l BASLME•y; f I I I I I I I I i l l l l l l i l l l Ill I I I i l ,S7 FLOOR 1 1 11 1 I I I I I I I I I I I I I I I I I I I I I I � =N0 FLOOR :RO FLOOR I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 <-H FLOoR s-x FLOOR 6TH FLOOR 77K FLOOR dT}{ FLOOR , Irs�lt]nC C:mczny Name ►lS� . tiecF one: _ Ce iricate AdCres3t, <4- . . Cancrticn `t5 d ❑ Partnerzhip Pusinesz 7c!cphcne ID F�=VCo, Name cf L1e�ued Pl=bcr Lp 4.IlQl' I)�� INSURANCE COVERAGE: I t=ve a Gsrerrt CrabVtY bzur'anea pcllcy or its substantiale;ttivalen Yes ❑ No C1t which me_tS the regttiremC� ents of MGL 1-2- If ycu have checked vM please lnd cat- the type overage by checking the appropriate box A flabURf hnz2nc- pcllcy ❑ Other type of lndernntty ❑ Bond ❑ OWNER'S INSURANCE WAp/E;: I am aware that the (tc-r,se: does not have the Insurance caverage reit:re-z' by C'apter t<Z & the Masa, Genera! Laws, and thzt my signature on this pe.-Mk appllaticn waives this require-;,er^•L Check one: S�na:210 of Owner ar GI*mv s Agent ` Owner ❑ Agent ❑ I hereby certify thst 4 of the details and information I have submrrt',ed (or entered)in above appGeaeion are he and ==rats to the best of ny Llawtedge and that all plumbing work and hsWatlonz performed under the parr-,it iss•ed (cr this topucatkn mU be in cmpilw=wsLh a:] pertinent prcyjxjorL3 of the Wa=La"tb State Plumbing Cede and pier 142 of the G+neral Liwc 2y �• 7 rUe SIgnauae or L=ruea lumou C�T� Cly,/7cvm Type of U ans.e: Master ,teumeyrr n ❑ r� - e NLT) Lic_rtse Number. Date............................. f NORTH 3r;!`�`•� 0 TOWN OF NORTH ANDOVER o PERMIT FOR WIRING ,ss^CMUS� J-fi S Co 4/A/O/ &LE-e 7- Thiscertifies that ............................................................................................. has permission to perform �Elit� dolt'1)d ................................... .......................................... wiring in the building of 5 L'Q, T. at......C3- .....................W.f.f(��!?1.�.....��.... ,North Andover,Mass. ��•e cv !S 37- Fee..................' �LIc.No.............. .......... ., .............. ........,. ........ 1 r ELECTRICAL INSPE R Check # 19� Y 6 4!) Commonwealth of Massachusetts c)rilci;cl (:,e 1)nl, -- I Permit No. L� `g Department of Fire Services .5 Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS '(Rev. 9 051 deme blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK .\II '.pork to he I�ertcamed in ��ith the\'Icissa(RISC is HCO1,'cal Cu 1 \11-C)(527 C\1R 1'_.00 !,tree.ISE!'RLQ T A I K OR TIT I �. OR. c I TIO,V/ Dare: �3 /' City or Town of: I ,�� To 1Mc !> j�ccicil of 66'ires: By ibis application the undersigned dives notice of his or her intention to pertorn h clecnical \sork described below. Location (Street& Number) s Owner or Tenant Ara 1WTelephone Noyni_�� Owner's Address y � Is this permit in conjunction with a building ermit? Yes Q'�No ❑ (Check Appropriate Box) Purpose of Building � Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No.of Meters New Service L4�2)_ Amps XPQ lt5lLd Volts Overhead❑ Undgrd j No.of:Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: ('unr leliun a/the Ji,!frnr iiir;/able otaa-he a on"1 by rhe his reg tor•o l t'i. " No.of Recessed Luminaires No.of Ceil.-Susp.(Paddle) Fans No.of Transformers K to t No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool u bove ❑ In- ❑ : o. o mergency Lighting rnd. grnd. Battu Quits No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No. of Zones No.of Switches No.of Gas Burners Z No.of Detection and 00 Initiatinz Devices No.of Ranges No.of Air Cond. Total No. of Alerting Devices No. of Waste Disposers Heat Pump Number Tons KW No.of Self-Contained Totals: Detection/Aler ting Devices No. of Dishwashers Space/Area Heating KW Local Nluntci al 11 OtherConnetion No.of Dryers Heating Appliances KW Security Systems:* No.of Devices or Equivalent No. of Water No.of No.of Heaters KN Data Wiring: -5 KW Signs Ballasts No.of Devices or Equivalent No. Hydromassage Bathtubs ---tNo,of;Motors Total HP felecommunications Wiring: No.of Dcx ices or E uivalent ,r OTHER: Illoch,r,l.!ill nrcr' by rr! /Jrs rcr/, n ,rs rr ltru c l h� rhr h.!.cel;r II ,. Fstimated Value of Electrical Work: Ok lien required by municipal policy.) 1,bork to Start: Inspections to be requested in accordance with \IEC Rule 10, and upon completion. INSLRANCE COVERAGE: 1.-nlcss waived by the owner. no permit for the performance of electrical work may issue unleS: the licensee Provides proofof liability ins nce including" umplcted operation"coverage or itS substantial cquiXAC11t. I hr• undersi .ne-1 certifies than ;uch COX C!,> i�, in IN-cc,:incl has c,hihited proof of .ame to the permit i,;..uin office. C I IFCK ONE: INS( RA\('{ 13wl) ❑ ()fl IFR ❑ 1 tipccil :; /eerrO,, wider 1/tc plains rar /pe /line;.►f'pgjury Jtul the ill in.!nuli I on . is 1p . r /ion is/rt,re rind co'enp./ele. F111IM NAME: � /l/e � L�, LIC. i`O.:�,?1V - Licensee: _ ;iif,nzlh► e 4..IC. .ydJ►.c �r ll .,nr l r,: ar ,,r irr . -Bus. Tel. ,lo . --- Address: / _ Alit. Tel. No Security SyAem Contractor License Rquircd for this v ork; if a plicable, enter the license number herr: _ OWNER'S INSURANCE WAIVER: 1 am nw;u•e that the Licen�ec c/U�s nol have the liability insurance(:uvc1:.1Je ncrmally leelaw. By my:sign Ownwner/Agg ent ature below, I hereby waive this requlrcinLilt. I ;un the(check one)❑ owncr 1:1w oner ;,c •:. .1nt. Owner/Agent - it nature T' ,:i►hc,��.' "i ). PFR.t;/(T FFF: Commonwealth of Massachusetts ;!' l ('milt No. Department of Fire Services Occupancy and Fce Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 9 051 ,le:t�e i,iank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All '.pork to he performed in accordance�\ith the\•lossachusetts Hectl•ical bode \IF.C-),5?'CAIR 1'-.01) rPLE,ISEPRL\TINl:\KORTFP I 1. Olz.. 1.ITIO,�i Date: City or Town of: Pj . To the /r hc�rl��r IBJ I6'ir�.c: By this applicctticm the undersigned gives notice of lis or her intention to Pei forn h elcchical work described below. Location (Street& 'Number) C, Q f Owner or Tenant Telephone No, Owner's Address Is this permit in conjunction with a buildingpermit'! Yes ®'� No ❑ (Check Appropriate Box) Purpose of Building )f Jr.", dd Utility authorization No. S%= Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No.of'Meters New Service /ev_ Amps /,'V / !p Volts Overhead ❑ Undgrd No.of:Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: ('um leliun r./the fr;llrmbig table Inu_t be uaA d by/lie his n•,:h>r N/ Wv No.of Recessed Luminaires No.ofCeil.-Susp.(Paddle)Fans No.of Total Transformers KVA No. of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool :kbove ❑ In- ❑ o. o Emergency Lighting urnd. rnd. Battcr Units No.of Receptacle Outlets No.of Oil Burners �I FIRE ALAR,ti1S rNo.of Zones No.of Switches No.of Cas Burners Z `No.of Detection and C22Initiating Devices No.of Ranges No. of Air Cond. Total ons No,of Alerting Devices No. of Waste Disposers "eat TP amp Number. Tons KW No.of Self-Contained Detection/Alerting Devices No. of Dishwashers J • Space/Area Heating KW Local[] Municipal ❑ Other Connection No.of Dryers r Heating Appliances KW Security S stems:* No.of Devices or Equivalent No.of Water No. of No.of KW Data Wiring: Heaters �j Si ns Ballasts — _ — _ No.of Devices or Equivalent No. Hydromassage Bathtubs No, of Motors -Total HP I clecommunications Wiring: No.of Devices or Equivalent { OTHER: Ilrirrh, G.linr:Irc�',Irr,ril r/ lr,rrzcl :u ,r.r rr,luircrl h.V ,ire h01A_CI1W II'.:. Estimated Value of Electrical Work: (When required by municipal policy.) 1 \bork to Start:. Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSLRANCE COVERAGE: I-.nless waived by the owner, no pernlit for the perlorlllance of electrical work may issue antes: the licensee protides proof of liability inst ncc incluClin"'%'onlplctcd operation-'coverac or its subslant ial equivalent. !'11e under.>i::ner-i certifies that such concr: i, in.force,:Ind has c .hihitcd pruot of,;anle to the pernut Is.our otticc. . l IIICI< ONE: INS( R.\\C is f3(i\l) ❑ 71"III:R ❑ I.tipccil :j I.rrlift, wider/he pains rl+t/Pill iiiVX:r ;,tul,dhe i1e#Plicab1'c,`cntcithL ; cu<Ilp/ t<•. I IRM y;1lilE: ,�Licensee: :likddress: Bus. Tel. 110�/` le At. Tel. No '•Sect Ity System Contractor License required tot this r,ork; if license number here: _ OWNERS INSURANCE WAIVER: I and aware that the Licensee Jrr e I;rN hu,rc the liability insurance r:rwcrcK e nCArm,tll%__ required by law. By llly cincture below, I hereby waive this reyuiremurt. 1 ;un the(check one)❑ owner ❑ o��ner's ,tl,ent. Owner/Agent >ignature ^�trh ;tc 'i•i. �F�.1L/..t'T AF F, .� c. 4 4 7//C CC Date. . . . . . . . ... . . . . ,FORTH Of o? TOWN OF NORTH ANDOVER s 49 • PERMIT FOR GAS INSTALLATION • s 9SSAC This certifies that . . . . .?`.7- A'. 1. . . . . . . . . . . . . . . . . . has permission for gas installation . . .. . . .`.. .4� . . . . . . . . in the buildings of . . . '.I . at . .,. . . i :: . . . . . . . . . . . . .. North Andover, Mass. Fee. . ... . . . Lic. Nod:.'b . . . . . . . . ` Y .,-- ,. . . . . GAS INSPECTOR Check# yZ� MASSACHUSETTS UNIFORM APPLICATION Ir'lInl of Type) FOR PERMIT TO DO GASFITT(NG i Mass. Dale Q f Q(p Building Location S3� Permit st 'C�J!-- Owner's Name rQ11 Type of Occupancy S New Renovation ❑ Replacement ❑ Plans Submitted: Yes ❑ No ❑ N ¢ W N ¢ N U ¢ ¢ h W 1y cc R O n H X ¢ V � h ¢ IJ U = .F+ O W I_ r0 �" S JI CC N O H R t WzuWX CK O W 0 > LL W U x VI ¢ X0 cJ -� U � O O SUB—BSMT, BASEMENT ° 1 s FLOOn 4 2110 FLOOR ]R0FL00n DTII FLOOR ST11 FLOOR 6TH FLOOR 7T11 FLoon 8711 F L 0 0 n 11 �sialling Company Name -ddress AD - Check one: Cerillicale RAI,& 15�- VCorporallon 5uslncss Teleplrone� Q'3 38e�-53�1� ❑ Partnership 'lame of Ucensed Plumber or Gas Filler 4>til �� ❑ Flrm/Co. !r4SunANCE COVEnAGE: nage a current liability Insurance policy or tts substantial equivalent which meets the requirements of M Ycs CD No you have checked yes, please Indicate the — GL Ch. taz, type coverage by checking the appropriate box. = !'�bllrty Insurance policy ❑ Other type of Indemnity ❑ D'ryNER'S INSUnANCE WAIVER: I em aware that the Ile Bond ❑ napier 142 of the Mass. General Laws, and that M Ig ansae does not have the Insurance coverage requlred by Y s nature on hits permit application waives this requirement. Check one: ^a�ule 01 Qwno, 0t D-7181 s A9cnl Owner Agent ❑ "'BhY cetllly Thal all of the details and Inlormallon I have submitted (or entered) In above application ale =-1°00° and Thal all plumbing work and Installation s Perlormed under Ills ermll Issued for this application e "^enl 010,1s ons of the Massachusetts State Cas Cod p true end eIn cOm to the bell of my e and Casepler I42 of the G�eo I be In CompllenCe with �I; T of Ucense: ° f'lumbcr ,gnpseaslilfarum or or as it r �0Nn Master Journeyman Ucense Number 2 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIRRENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING _ fortCiB:ti6e Qdl BUILDING PERMIT NUMBER: DATE ISSUED: © 0 4"- SIGNATURE:SIGNATURE: Building Commissioner/I for of BuildingsDate SECTION 1-SITE INFORMATION 1.1 Property<Address: 1.2 Assessors Map and Parcel Number: 0 Aj Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Areas Frontage ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Reclaired Provided -Required Provided 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public ❑ Private ❑ Zone Outside Flood Zone ❑ Municipal ❑ On Site Disposal System ❑ SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT Historic IS ric : Yes O 2.100 ner of Record Name 1 P ' Address for Service awature Telephone O 2.2 Owner of Record: S Name Print Address for Service: 0 z Signature Tele hone SECTION 3-CONSTRUCTION SERVICES 90 3. ;censed Construction Supervisor: Not Applicable ❑ �.�-Ste// � /�` -►v Q � Licensed Construction Supervisor: r� �� 0 tm License NumberExp/ ationTelephone 3.2 Registered Home Improvement Contractor Not Applicable ❑ Company Name — — Registration Number M Address -- _ Expiration Date z ,Signature Tele hone l c SECTION 4-WORKERS COMPENSATION(M.G.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes...... No.......0 SECTION 5 Description of Proposed Work check sill a ticuhte New Construction A, Existing Building ❑ Repair(s) ftAlterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: 0 SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to be OFFICIAL USE ONLY Completed by permit applicant 1. Building (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction 7 ( (J to 3 Plumbing Building Permit fee(a)X(b) 4 Mechanical(HVAC) 5 Fire Protection / G Total (1+2+3+4+5 4 e_o j1 Check Number 0'" SECTION 7a OWNER AU'T'HORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT Ne as Owner/Authorized Agent of'subject property Hereby authorize to act on Nly behalf, in all matters relative to work ai,thorized by this building pennit application. Signature of Owner - Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION 1. f" ! �' �C'' !/� �v ,as Owner/Authorized Agent of subject property Herebv declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief Print Name Signature of Owner/A. ent Date NO IES .-$ SIZE. 13AS:F.MEN_'WR SLf\B '1 SV_.F.OF FLO(:)R'T'IjMl3ERS C/ I - U 2' - /!' 3 ) SPAN i 5� ;� i '• DIIvIFNSIONS OF SILLS _FfmT''TLSIONS OF POSTS 1-11 kVIENSIONS OF GIRDERS, HEIGHT OF FOUNDATION % THICKNFSS /i SIZE OF FOOTING X 1bLkTERIAL OF C1L%R ,Y -IS BUILDING ON SOLID OR FII.LED LANY // IS BUILDING CONNECTED TO NATURAL GAS LINE - > �G�TH . own of over No. �(�d �/'a Ale = dover, Mass., Ad MW Y a T O l A 1. COCHICHEWICK AD`QATED 'E BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System • • BUILDING INSPECTOR THIS CERTIFIES THAT.. .. f. ..... ...vilow....A........C..................................... F ndation has permission to erect........... buildings on .... ...� .... ... .. �.� ough • to be occupied as.............. .... .0........ ....... .. .... ....042W ch► y 'mneprovided that the person cceptmg this per R shall m every s conform to then n file in Final this office, and to the provisions of the Codes and By-Lawsrel g to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUC TIO STARTS Rough ................. .... Service BUILDING INSPECTO Final Occupancy Permit Required t0 Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. I,--SEE REVERSE SIDE Smoke Det. 12/30/2005 06:34 9764700151 KEN AHERN PAGE 01 Deci 29, 05 04: lap NORTH AN130VER 8766869542 P- 1 OFFICE OF BUILDING INSPECTOR TOWN OF NORTH ANDOVER CONSTRUCTION CONTROL PROJECT NUMBER PROJECT TITLE= pROJECT LOCATION.- NAME OCATION:NAME OF BUILDINOc_„ NATURE OF PROJECT: 4�/�Q �IG1 �� 11� 1 L'JW 1 11 UGJz tN, CQ�pAN WITy ARl1C1 E 116 OF THE MASSA REGISTRATIONO X260 CODE.ILDING BEING A REGISTERED pROpESSIONAL ENGINEER/A ARA HEREBY CERTIFY TVIAT I HAVE PREPARED OR DIREI✓ Y SUPER\ASED THE P TION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT 0 ARCHfTECTURALt STRUCTURAL MECHANICAL FIRE PROTECTION ELECTRICAL, OTHER(SPECIFY) FOR THE ABOVE NAMED PROJECT AND THAT,TO THE BEST OF MY KNOWLEGE,SUCN PIANS, COAj'LITATIONS AN13 SPECIFICATIONS MEET THE APPUCABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE ALL ACCEprrABLE.ENGINEERING PRAncES. AND APPLICAWLE LAWS AND ORDINANCES FOR THE PROPOWD USE.AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIOJHAL SERVICES AND B EPRESENT ON THE OONSTRUCTiON SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THA* THE WDRK IS PROCEEWNG IN ACCORDANCE WITti THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHAD BE RESPONIBLG FOR THE FOLLOIMNG AS SPECIF IE6IN SECTION 116.0 1. Fle+rkw for wnW=mw to the dedgn c L slop drat r9%samples and other submittals whM.h we su6mdWd by the conft=Aw In a000rdenm wllh the MgLdrGPW to Of the Wnsbutft t doanmer to 2. Review and apprepwal d iiia quORIT co" 'es for all code-Wgred c ardrofled rnstert:ik 3. Be promo at komvats aipprnprixte to the stage of cm*ucgon to become, gwmWlY fafrt filar wJoMo prflgneea and gLmiFly of ft work and to deterrr", In general, If the waft P315811119 perkwvv*d in a,mamnter co rdstw t vAlh the aort9buctlon docu elite, PURSUANT TO SECTION 1162 2 1 SHALL.SUBMIT WEEKLY, A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR. UPON COMPLETION OF THE WORK I SHALL SUBMIT A FINAL REPORTTHE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR A CPY. ra F' SIGNATURE CRIBED SWOR TO B FORE ME THIS 3 DAY OF eC 20 S NO PUBLIC MY COMMISSION EXPIRES ✓6 �3 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION The following structures are exempt from the contractor in accordance with the requirements requirements of 780 CMR 116.0; of the construction documents. 1. Any building containing less than 35,000 2. Review and approval of the quality control, cubic feet of enclosed space,measured to the ex- procedures for all code-required controlled tenor surfaces of walls and roofs and to the top of materials. a ground supported floor,or in the case of a crawl 3. Be present at intervals appropriate to the space,to the bottom surface.of the crawl space.In stage of construction t�coM, generally the case of basement floors or levels,the calcula- familiar with the progress and quality of the tion of enclosed space shall include such spaces. work and to determine,in general,if the work 2. Any single or two family dwelling or any is being performed in a manner consistent with accessory building thereto; the construction documents. 3. Any building used exclusively for farm 116.23 Structural Tests and Inspections: purposes (this exemption does not apply if the Structural tests and inspection shall be provided in building is to be used for large assemblies of accordance with 780 CMR 1705.0.* people or uses other than farm purposes);and- 4. Retaining walls less than ten feet in height at 116.2.4 Tests and Inspections of non structural all points along the wall as measured from the systems: Tests and inspections of non structural base of the footing to the top of the wall. systems shall be performed in accordance with Notwithstanding the exemptions above,professional applicable engineering practice standards or engineering services shall be required for activities referenced standards listed in Appendix A. which are deemed to constitute the practice of engineering as defined in M.G.L. c. 112, § 81D, 1163 Construction contractor services: The actual construction of the work shall be the except as provided in M.G.L.a 54A and any legally required profession or as provided in M.G.L.c. 112, responsibility of the general contractor as identified §81R on the approved building permit and shall involve the following: 116.1.1 Specialized structures requiring 1. Execution of all work in accordance with the construction control:Telecommunication towers approved construction documents. and similar structures are engineered structures 2. Execution and control of all methods of and shall be subject to the requirements of construction in a safe and satisfactory manner in 780 CMR 116. accordance with all applicable local, state, and federal statutes and regulations. 116.2 Registered architectural and engineering 3. Upon completion of the construction,he shall services: certify to the best of his knowledge and belief that 116.2.1 Design: All plans, computations and such has been done in substantial accord with specifications involving new construction,altera- 780 CMR 116.3 items 1 and 2 and with all tions,repairs,expansions or additions or change pertinent deviations specifically noted. in use or occupancy of existing buildings shall be 116.4 On site project representation: When prepared by or under the direct supervision of a applications for unusual designs or magnitude of Massachusetts . registered architect -or construction are filed,or where reference standards Massachusetts registered professional engineer require special architectural or engineering and shall bear his or her original signature and inspections,the building official may require full- seal or by the legally recognized professional time project representation by a registered architect performing the work, as defined by M.G.L. or professional engineer in addition to that provided c. 112,§81R Said signature and seal shall signify in 780 CMR 116.2.2. The project representative that the plans, computations and specifications shall keep daily records and submit reports as,-may--- meet the applicable provisions of 780 CMR and be required by the building official Upon all accepted engineering practices. 1..cofnpletion of th work,the registered arctutect or t• 11612 Architect/engineer responsibilities professional engineer shall file a final report • a.f.•,==a during construction: The registered architects ; indicating that the work has been performed in ); and registered professional engineers who have accordance with the approved plans and 780 CMR a; prepared plans, computations and specifications`-E... or the registered architects or registered 116.4.1 Building permit requirement: Thison- professional Sm rofessional engineers eers who have been retained to site project representation requirement shall be determined prior to the issuance of the building perform construction phase services, shall P� perform the following tasks for the portion of the permit and shall be a requisite for the permit work for which they are directly responsible; issuance. Refiisal by the applicant to provide such service as required by the building official 1. Review, for conformance to the design shall result in the denial of the permit. However, concept, shop drawings, samples and other the applicant may file an appeal as provided in . submittals which are submitted by the 780 CMR 122.0. 2/20/98 (Effective 3/1/98) 780 CMR-Sixth Edition 25 Location 7 No. F Date 0of ' L, NORTH TOWN OF NORTH ANDOVER O R 10 Certificate of Occupancy $ s�CmuSE<� Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # Building`Inspector Location '' - a No. Date 14ORT01 TOWN OF NORTH ANDOVER Certificate of Occupancy $ 4' +"oma ,.•'s Building/Frame Permit Fee $ JACNUS Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # X174 r� Building Insper TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAI RENOVAT& OR DEMOLISH A ONE OR TWO FAMILY DWELLING s evs ate. ^a's ice' ;., pi�3^"° BUILDING PERMIT NUMBER. y DATE ISSUED: X SIGNATURE: Building Commissionerfl for of Buildings Date SECTION 1-SITE INFORMATION I z Z 1.1 Property Address: 1.2 Assessors Map and Parcel Number: V Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use I Lot Area Frontage ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard _Required Provide Required Provided Required Provided 1.7 Water Supply M.G.L.C.40. .54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public ❑ Private ❑ Zone Outside Flood Zone 0 Municipal 0 On Site Disposal System ❑ SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT CIC Is rIC : YeS p 2.1 O ner of Record / /" L (!� �?C�. �0,� f&0 Name P" Address for Service re Telephone 4 ?r_y)wner of Record: fame Print Address for Service: O Z II Signature Telephone SECTION 3-CONSTRUCTION SERVICES Qo 3. icensed Construction Supervisor: Not Applicable ❑ Licensed Construction Supervisor: (/Jt�(D f(/ /� �'' S �� i2i�,@/L��! ©���� License Number Ad � an0 C—� Exp' tion ate e Telephone r 3.2 Registered Home Improvement Contractor Not Applicable ❑ Company Name Registration Number M Address ^ Signature Telephone Expiration Date Z V i' I SECTION 4-WORKERS COMPENSATION(M.G.L. C 152 § 25c(6) • Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit wi�l result in the denial of the issuance of the building permit. Signed affidavit Attached Yes......k No.......0 SECTION 5 Description of Koposed Work check all applicable) New Construction , Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to be OFFICIAL ISE ONLY Completed by permit applicant 1. Building (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of / / Cj Construction `7 3 Plumbing Building Permit fee(s) X (b) 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+-3+4+5) Check Number p SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT lee I, as Owner/Authorized Agent of subject property Hereby authorize to act on My behalf,in all matters relative to work authorized by this building pemnit application. Signature of Owner Date lw SECTION 7b OWNEER///AAUTTHHORIIZE�D(AGENT DECLARATION ,as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief Print Name Signature of Owner/Agent Date S SIZE 3 BASEMEaR SLAB SIZE OF FLOOR T11\0ERS iST02 2 NDOZ / 3 RD SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS - l> HEIGHT OF FOUNDATION �r THICKNESS SIZE OF FOOTING ;z X J 7 MATERIAL OF CHIMNEY ✓V /� IS BUILDING ON SOLID OR FILLED L �// IS BUILDING CONNECTED TO NATURAL GAS LINE N®�Tly Town of Andover No. 01 dover, Mass., I�O�A COCMICMEWICK`,. %ds RATED P'? 7 ` BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System • • BUILDING INSPECTOR THIS CERTIFIES THAT.. ... f. ..... Vt.fev.... ......... ..................................... has permission to erect.rcceptingthis ........................ buildings on ..... 3 ....... . ... ,lIgnaation ugh • to be occupied as............ .0........ ....... .. �. .w. /.. Chimney Fi al provided that the person per lt shall in every s conform to the a licat on n file in Final this office, and to the provisions of the Codes and By-Laws rel ng to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIO................. STARTS Rough ... ....... ................................. Service BUILDING INSPECTO Final Occupancy Permit Required to Occ uPy Building GAS INSPECTOR Rough Display in a Conspicuous -Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Bumer Street No. SEE REVERSE SIDE Smoke Det. txORTH Town of over No. AlAd /s dover, Mass., COCHICHEWICK 7�A�RATEO p`P�` �y S E BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System 1 • BUILDING INSPECTOR THIS CERTIFIES THAT..//'f. ..... V1.0W..... .... ......... ..................................... F ndation do 4 has permission to erect.rcce buildings on .... .. �.� ough . -7... .. ....... .................... to be occupied as............ ..Q. ��i�. .... ..�w►�'�.. Chimney tprovided that the arsonng this per it shall in every s conform to the a {lic on n file in Final his office, and to the provisions of the Codes and By-Laws rel ng to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. - Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIO STARTS Rough ................. .:.. ... ....... ................................ Service BUILDING INSPECTO Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done .` FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIRLJ Smoke Det. FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. APPLICANT FILLS OUT THIS SECTION APPLICANT I �� �' PHONE ` LOCATION: Ass/esssoes Map Number / PARCEL SUBDIVISION `j L LOT (S) � ST. NUMBER STREET R- r . OFFICIAL USE ONL 0 N OWN AGE S CONSERVATION ADMINISTRATOR DATE APPROVED DATE REJECTED COMMENTS TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED DATE REJECTED COMMENTS o/ =� s PUBLIC WORKS - SEWER/WATER CONNECTIONS DRIVEWAY PERMIT Al FIRE DEPARTMENT lv7 GS/ DECEIVED BY BUILDING INSPECTOR DATE Revised 9197 Jm The Commonwealth of Massachusetts" Department of Industrial Accidents Office of Investigations 600 Washington Street V-1 li -Ili/' ' Boston, MA 02111 c - www.mass.b'ov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers .,Applicant Information Please Print Legibly Name (Business/Organization/Individual): Gv Address: k5`�� /��}//1J a1y City/State/Zip: ��� 3� A� Phone #: �2F z_ C9 t �� Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer 'With[:] 4. Tam a.general contractor and 1 6.�Iew construction employees(full and/or part-time).* have hired the sub-contractors . 2. 1 am a sole proprietor or partner-..Y listed on the attached sheet. : "❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. q. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3.❑ 1 am a homeowner doing all work right of exemption per MGL i I.[] Plumbing repairs or additions myself. [No workers' comp. c. 152, §](4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers'" 13.❑ Other comp. insurance required.] "Any applicant that checks box#I must also till out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. am an employer that is providing workers''compensation insurance for my,employees.'Below is the policy and job site information. Insurance Company Natne: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a tine up to$1,500.00 and/or one-year itnpr' ent,as well as civil penalties in the forth of a STOP WORK ORDER and a fine of up to$250.00 a day against the v' or. B advised that a copy of this statement may be forwarded to the Office of Investig he DIA for ' ce c rage verification. I do hereby rfya er s d l ' of rjury that the information provided above is true and correct. Si>nature /2 Date: -z OSS- Phone#: / (J (O� AUTO Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2. Building Department 3.City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: Permit Number REScheck Compliance Certificate . Checked By/Date 2000 IECC REScheck So$ware Version 3.6 Release 2 Data filename: Untitled.rck PROJECT TITLE: Waverly Oaks CITY: Haverhill STATE: Massachusetts HDD:,6413 ,t CONSTRUCTION TYPE: Single Family WINDOW/'WALL RATIO: 0.09 DATE: 09/29/05 , DATE OF PLANS: 9/29/059/28/05 PROJECT DESCRIPTION: Unit#'s521,523,525,527,529,531,533„535,537,539,541 DESIGNER/CONTRACTOR: Highview LLC Russell F Ahem PO BOX 160 l o,(Merrimac Ma. 01860 PROJECT NOTES: 30 X 22 footprint COMPLIANCE: Passes Maximum UA= 320 Your Home UA= 298 6.9%Better Than Code(UA) Gross Glazing Area or Cavity Cont. or Door P. rimer R-Value -Value U-Factor U Ceiling 1: Flat Ceiling or Scissor Truss 628 30.0 0.0 22 Wall 1: Wood Frame, 16' o.c. 2402 13.0 0.0 176 Window 1:Vinyl Frame:Double Pane with Low-E 179 .0.340 61 Door 1: Solid 41 0.270 11 Door 2: Glass 30 0.350 11 Floor 1: All-Wood Joist/Truss:Over Unconditioned Space 364 19.0 0.0 17 COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to September 28, 2005 As the General Contractor we have on file in our office copies of Sub-Contractors Worker's Compensation Insurance Certificates. Below is a list of said Sub- Contractors. Senter Brothers J & S Connor Electric Thompson Landscaping J n R Gutters Diamond Paving Jones Boys Insulation Advantage Fire Hastings Floor Coverings R.S.S Construction New England Concrete Eastern Garage Andover Consultants Crack of Dawn Merrimack Engineering South East Construction Napolitano Marble & Granite J &J Heating and Air Conditioning New Place Carpentry Viewpoint Construction T & D Vinyl Maclellan Concrete I to f 11 .. MN-,,5 s IoPROP. 3000 _. 4 •�� � ��� STORY 2P 'D iRMiOI� S 1 Y PUMP TANK GAL ',; a S � ► f Y, �l \`L "tQtA • .< \1 ! _ r•1. i 1 ug wO�"A4'33. 06 I It R r 3 J 1.1 5 v l=� AMO: f 5'V Ln }f � " W our— 80 PLAN 1 " = 40' �1re �aminw�uuea/�i o�'✓�,aaoaTlivaelt f BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR ` Number:.CS 029340 Birthldate: 02/27/1960 Expires: 02/27/2006 Tr, no: 18394 i Restricted: 00 I RUSSELL F AHERN 73 W SHORE RD j MERRIMAC, MA 01860ro Actlng-CcVnmisidoner * MASSACHUSETTS �!f NUMBER360 DRIVER'S LICENSE031545 DATE OF BIRTH CLASS REST HEIGHT SEX 02-27-1960 D B 5.10 M EXPIRES 02-27-2007 AHERN RUSSELL F 73 WEST SHORE RD >a MERRIMAC,MA °soz.raes 01860.1221 / I • 2764 w A6 4,V-5— File no. 1 22'-114' 22,_14. 22'-114• 22,-1y4. 6-25to• 1 ,P_5n. 6._ 6,OW I 5'-312 22-d' 17-0' 4-0" 4'-O" . Stairs to Grade/Mm Pd-8 V4' 0 0 O'-i a 3'-10�' 8'-1m 10' B'-70'2 nhwrme=s 4" a. a- 0 \ T .a o n D Lf)PECK C Y . r CIL) N O U 0 Ti) fo� ro a N d i I MECHANICAL ----- o o ' 1 ___ _ 0 7 000 TY ROOM I I EQUIPMENT TV ROOM I MECHANICAL � - I UND I U EQUIPMENT el-POIe»fiauaeras-e• r— l - o BFFaWxylaumiw6-e" r s m DINING AREA -O" 4 .7AREA, In I iv I DINING AREA ' I I I I KITCHEN KITCHEN3'4 a> Q 4-0" _ vs• 3.�v2 L § i O'_5va• 101-5"rN . t i -o sq z -•step -- --- - s/a� va•6•-e •_p" COATS ® ,6a COA75 Gamgn6Mah EEqq Imp Cerbgmbe 5/a" Gervgen Med.Fqu�LdWg so be 6/B" _ — N I• tp N tp A _ O Fire Ramd Gyp Bda 1'x3' fba Ramd Gyp ad on 1'x a" O arc %"Y Iq NIS 66"Vanity }' - C N zk• sAePPI^s m 76"O.0 Insulate E I I f'-a" 5tnpplrg 0Is"o.c'-wase s�' G rV ga. Floadcdlg CeNgw/6•Unfaced a FI.,1CePe Daft f 6"Unfaced 3 R - (A � I I I I I Flbmgb--6—(RIB) I I I I -a• fibagkea Dacca(RI9) c Q LAY " 1,AV c �. CDa' -- — — Thrcahald le Tlueahold lB a =U 42 H13h2 SaO J Rwang Syemm MIN 5emm �y Q ca i .. . GARAGE GARAGF C)cc _ 0) . %"(AW Nowlg)High 36"(AW N.N)High %'(AW Naabg)W9hD6'(Abv Noskg)Hlgh 0 O Wu w/wood Lap wall w/wood 4P Waaw/Wood C"P Wall./WwCap U i L: ,w LMNG AREA LIVING AREA 7 Li r______________ TRY +� o 0-0 O m C FFI NTKY `r Q �Q E EL LU it `) •Low Dat a oent QZ ` a OH Door/Ekce Dooropalcr off Oeor w/Elrst War Opener ; - 0) b 66 Cy O M a M1 E F Ta Column w/ —---- _____________J cu co Lapa�m l,r /4" n P_5" 1._3„ .�,. ._3n 4'_16' x}'_714• 4'-a' _prfa •p-One• L V-0" 4-0" -0" 7-0' _ria• 9._8e ._na' _ rJ�_Ba 2,_2� •Q g'_larc 7 v4• 8._0,. 14'_O" 8'- 14'-114^ 8'_O" - W-01, LOWER LEVEL FLOOR PLAN FIR5T FLOOR PLAN S-L-.W=ro• swb:va^aro^ I IL 5/8"Fire Rated Exterior Siding(5ce Ele..tians) Gypsum Board - 1/2"COX Plywood sheathing Exterior Siding(Ste ElevetAonS) Prfined&Painted(2 Coate) 2"x 4"Stud.9D 16"O.C. - Housewrep('(yvek'or equal) � v2"CDX P g - 2"x 6"5tud6 Plywood Sheathing NOJes-GENeltnt HouSewrap('TyvaA or equal) 7'x 4"Studs 2°x 4"S 45 U t. Do nos-caleerewbg-. N C 2'x4°Studs ®16"O.C. ®76°O.C. z ElectAml Mechankal and Flra ProtuSAanlgyoufi amto6eprordrd bythe Contractor 16"O.L. re panzAk forthe wan.AEwark m be dant Inaccordara Mththe Ma-mchusetts Stare 7/2"Gyp6um Bd W(Jt5 W BuMing Cope atw all other applkable COAea CL •.-�_. Taped Prime 3"Thermaflber 5Dund AttenuatAon s. Tho Arcniteetahaunot make an olm k- menet'chs agar wt P bum Bd w/Jt5 5/8"Fire Ratad sum Bd Am Blanket 7/2' Sum Bd w/Jts Th.A.1,1 -hag not nava wntrctorah,Imofead 0.11:oo rt- lbleto�ewcnan f— N &Paint(2 coats) r'i'p mmna m-thada mehntgae4 aegaencee,prawarea«raraafagpp'aaeawan-aw — Taped&Sanded.Prime w!its loped&Sanded.Fri a Ta &Sanded.Prune -pwrgnms pomlbWry. L 6 Mil Pblyethylene VaporBarder - bwnn slon afthshe work-Inaasheea am mkbf ha ntraowlerc- &Faint(2 Coats) &Palm;(2 Coats) &Paint(2 Coats).Use Thennmteatahau nos naveaontrol awrorcharyc sato orommolons ofthc coldmamr. O U 51/2 Urlfaeed Fiberglass 6 MII Pb(,ethylene Vapor Barrier - Water Rearetant Gypsum sw-aonnactore,orshdr agatrca oremplo/ua oraf.ro ou�u percma perfatmu,y Batt Insulation R21 ca 55/8"Unfaced Fiberglass n3 1'RL5IItent Channels partbro of the Wort + ( ) 3 5!8"Utlfaced Flbc 1-55 Bd In Rest Rms&Other Batt insulation(R75� ( ) ®24"O.C. _ a. N ePa �yshd Arcfdteeebwrnrngoedrxroparxka fount onthe enwfngs fn Batt lnsulatlon R75 Wet Arses or � 5. A9 wan perfomdkd undo andkmmuGogwlth thevdmx4ys-hall bebstdet � eompuenceWm the latest 0.9HA mfeganm health amndania (1f (� & la-peodaInW.ue r hirins k lnetalkrof uchmmpmmeeheu bapactluaubatrete •V and wnAttbm anter which work is peAo .d Do not prveeW until unmGsfactory IL wMnbn-have been correct d. s_ y MmuFacwrcra lnouuaaan-:Canpb Mch Maw[tturcrs lr,strucNcn-andrecanmcMaUona: O mthz agent th ttheyaro moms ".ttl+antM pbrtolnatekGrcqutalxnm'the Camract Doc.--. O WALL TYPE A WALL TYPE B' WALLTYPE C WALLTYPE D }�Ap 06 LL a. I�d—efccuven1.aw.b,upondclNayandagonon.RcJ t4emagd LL. R3 1 Hour tiro Rating Ba6ed on 9. Fro svrchmencmdwtmcctfondevtasandmethods ncecmary f-raccurhy each I hour Fire Rating ba6ed on T Interior Wal{ a WALL TYPES °LDE6�°V ca UL Des U327 UnlessPC)therwise Noted am P^alon rkm a�m� ehcos ucdoncicment trve oYne anAl oAav O far ex bn andbu ci M- 50 5TC Rating based on - U l0. ylsunl Effects:PttvlA ParuNformJdr2rAdth-kapoaed xnrk.AmngeJobnamobmk BBN-760903 u�ebeac effect. O- O Ir. Recheck mea-uremrnsa erd dlmensbne beton amrdng lnam0adon. 12 In-mUeach wmponart duH�tgweathcrewwitbru andp Jca amws that Mll ensurothe best rcsulri leabm each part from Inctmpnmbb rtutcdd az nemeaary m pnrvam damrtoretbn 79. CoorAlnam LcmponryencbeurcstNM lmpecttonfi and mate to minimlre uncavcdng 4) Z5In cruetbn foe trier Q IA Mauming Hel9hm:Where mound�helghm anrotirwkv4d.4ustellmmponcr2e at r 15. Qcenln9 and Reeectlon:OUHtlg hendlingeM kzmlletlaa ebm atufpnmet eonsteuenon N tandard heyhta forshe appocetbn IMlmfid. LL In pragrcaa andadJdningmatedab In place.Appb promcuw Nn9e vdxrc requhW 41 . toemure promcaanfiom damage orde[edlatlon ae eubetnrNaicompletion Clean eM -� . . mAnmkcomge[tA eonst[venatm open ae neua+agnvoughthe mnatnuSfm perbd. W AdJust snd lubricate openbb wmponems mcnauro operablllgwhhoutdamaging efhee. I6. IJMGIrgf poeune:SupeMzeWnz to wlsuro thea no part ofthe wn-huctlan 'Sheet n� completed M777 pngrtzs la cub act to h-nnPoi ordcletcAous apoawe. d r� r 6-2;V41 8-eve T-011 OM (rnj A "n r O Q 74 � miN Dn y 6'-B. �� I A � Rlb W rqm to d, 41 N-91 g�_gtrr Q �` g_zv4^ g.gva• 3'-4t7 r-0" 01-al 0�N � L-Jrte^ i i 6' m R 6-61 4 ,2 y yr 0' a• I� �s Is T I�• �� X I X --------- -------- -- — --------------- ---------- --- -- ------------ --- - N 4 o_ J J IF J � J J pp J J J J § 4 rJ 8{ rJ P 9 � j dar . l �"M� fl vel Wane t9 Wew _ p m c l i cry R sheet title project name Scale as noted drawn by. y WAVERLY OAKS CONDOMINIUM PD N CD Second Floor Plan+Building Section North Andover,Massachusetts date checked by PLD Prepared For:Highview,LLC August 3,2005 .1 P 0 paul I davies&associates,architects,inc 635 rogers street,unit 4,lowell,ma 01852 J (978)459 2154 I I I A I I I I I I # -n r� g r--- J a Z,70 i ^rn I I ® ®® r__ V. z I O ZII � I ILl rr---- 1---- I I m4 IL --- I I I I I ® I I I I I I I I I I I I I I I I I I I I I Ia I I I I ii I I SC ® s� I la ® ®13 I I li J ® ® 5 ULL 111111 I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I ® I I 1 I I I I I 1 1 I 1 r r--- I I I I I 1 I I I 1 Lr--- LJ---- spa a� g s i F-1 I r--- r� I I I N I I t I I 4 I I rna l l I I M- I -I I L__— L� Li I I I I I I I L___ I I LJ I I sheet tftle project name Scale drawnby WAVERLY OAKS CONDOMINIUM as noted PD CA) Building Elevations North Andover,Massachusetts =" datechecked by August m rn Prepared For:Highview,LLC s,Zoos PLD c P 0 paul I davies&associates,architects,inc 635 rogers street,unit 4,lowell,ma 01852 (978)459 2154 , • w A See Elevatlono See CElevations € 5ee Elevatione Mln qq yyyyyyyyyyyyyyy � r 4 y n rn a p g Z is s csm F �F3 Em P of w m m �P �P R R Ell 5ee Elevations 5ee Elevations € 5ee Elevatone 2 m$€ 4m RIX >i Iz SLSL 0 R ?� F •R Q R R � I I ` I sheet title project name Scale drawn by as noted T Wall Sections WAVERLY OAKS CONDOMINIUM PD T ro C North Andover,Massachusetts date checked b CD Prepared For,Highview,LLC August 3,2005 y PLD 3 P o paul 1.davies&associates,architects,ins 635 rogers street,unit 4,lowell,ma 01852 (978)459 2154 • '. 2764 � Anchor Delta Flle n0. 12'fromeach Corner CONCRETE NOTES: 12'-OW* 2-4" 7-9' 2'6"4, &6'-0"O.C.(Min2/Run) 7, Unless otherwise noted,all footings shall be centered under support members. 2- All foundation walls shall be bracedduring operations of backfilling and compaction.Bracing shall be Ieft In pooltl p C—For - until permanent restralats have been ln6talled- (L a Garage Slab- 23� Basement Slab- 3• Alifoohaving amnimum bearing capacity 400D pounds�H� n See Plans T Sec Plans per square inch. T -a —_—__—__— _ _—__—__ _ — Approx Fln Gr. m 4• No footing shat(be placed In wetarot,on frozanground. c Y LO - ---- 5. In general,exterior construction shalt be carried down a (� r zo•wwe.ro^ cea�^'nO°rT i9t°°w' minimum oF4 feet below finished grade. N ) N mwuv2ela n.w�or eerte rrtrtm Fre-typ A rox Fln Gr-_--°� 6. All concrete work shall conform to the latest A.C.I. •p` V O> ecce eomerand so(mmp oz xa o w•Fdn-r — - 6 MII Po(yatF{ylene Codes 301&318. LD -------- ta, P-0" ta' vapor Barrier d Ali shall minimum ______ _____ __ ___ ___ r• -- ------ — , T• �r�le Bd�IsaPort)and cement shall conform o pp r. ASTMCI50.Aggregate shall conform.ASTM C33. h I - :. .. ... ... I — ---- ____ —I Z'Rigid Perimeter e dymix concrete shall-nferto A5TTA C 94 c (3)z-Yxa6msoexe ----- -- --- -- -- Insulation II( IIII to dSl4' a I 70e'e "��mpxcrcd(s5%)Gmwl Ii : . iIIIi e `r Undi6turbed 5ola 69.. All slabs onground shall be placed on a minimum of 12* vp) om.+ CQT0 ° O AZI 711 32Lnsilt,o6 Mm M,Wrhpee layer 5gravel and placed In panels not; 1..L 591 1"'MbBexceding2006que feet. Foundatlonwallcon5tructlonjoInts shall bekayedand spaced at6a-a'maJmum on cemecorat mtdspan.12'-ty'72'-0" ad roW—bS- 2-a � � i, KcywFOUNDATION WALL SECTION D•-6" FOUNDATION WALL SECTION b Use of em o EdaeefomPPMsbd, I I 0 GARAGE DOOR Scale-lie r- • - I -2w PPS SW _-2-2— •_2vr I ( 5ection Thm Entrance Door O' N LO • I 4'Conc Slob wcr I I is Same 4•Lenc5Mbwvr I - I 00 1 I trop co�nLvd(es%)Gravel ,Y of Lompected(95z)Grevcl I I Scale:l(2"=r-O" - I I ��.i T,yP Gem6e Slob by Gomco slob I I eZc N 0 6hmxP I G 7(� (iS N I I 1 - .. r- - r- - j j 4"x4Post-Pr. O V J 1= —7-�'_(_------- It _--I— aI 'r LLB Column Base b��auout - -- OR5 3 _J . i I Approx Flo Gr Simpson or Eq z' S jI z�'xz�•�`— —J —T'— ` w I 5 m to-op FFro 4 I Ug= O she- - I 1 :. •• j d j N I j 72"a Conc pler Y N LL 0 •ate•. M QO0 m C ro C es P T-F&Fdn I es 0mmpp`oP of Fdn I _ �Q I b' loaft5lab b`9 bx F4 slab I I ELI tL• CL I ---- -- 1 ... I r — ---- ". 1 I � j Undisturbed Sol! Qz N PIER DETAIL N _ pmp I O db Gone ter ' I .. 9.6ebwft Slab I • I in 'e l - B• AFL SIeb j ,`.. Seelc.tl2"=r-O" tq Ylhert Shown I L___ ------- - I- i I—__ i _ L A 4 CID _ ____ _ _ ____ _ 1 - .., r I —___ 4'Lone blab over_____— ____ _____________ ____b (D tY oFfampact d(85%)Gmel O 2' 4-3� 1'-tOV4• 7'-10V4• 4'-3� 7'-tOV4' 5-6" 1'-3" -Iowa, 6_6" 0"9' 3 5"6" r_3" 2' 6'-6• _g• FOUNDATION PLAN - soalava•=ro• O C y L Q al C (A RS ,2. FL (ti C •GG O 0 N 06 (n IL N (D ca CL m a� L W sheet no 4 C 4'z4'Pf Post iyp • 2-r.a'Pr 2764 2x 'Pr. IB !OISTHANGEliS Fife no. m 5 'x 6' Ded'or S=LU Sade. H RESIDENTIAL INSULATION SCHEDULE z x Pr Walla,Floors&Gellings o a a Walls; ILL2"x V-. 3V2"Unfaced Flberglas6 Batts P15 ,p w, iLl-J. 1D• lata I6• -r >c orm 2"x 6": 51ML"Unfaced Fiberglass Batts P.2.1 BasementlFloor � 5V2"Unfaced Fibergfass Batts R21 aa) � — - ___— Celling/Attic � 12"Unfaced Fiberglass Batts P56 v kn- _— ---- ----- -_- - __- -- Cathedral Ceiling tk' 804'Unfaced Fiberglass Batts R-30G rn ap � o � A6 MII Polyethylene Vapor Barrier shall be installed on the whiter a warm side of walls,ceilings and floors enclosing a conditioned C M - space.All joints,holes,lmperfeetlons and penetrations of the m �' 3 vapor barrier shall be taped tight with vapor barrier tape recommended by the vapor barrier manufacturer r WOODFItAMING NOTES:10. � N 2• 1D• 13/ xS 'M Yn Bme 2' tAgireMngfumberahail be 6-P-F Nal arequalwfitthe fdbMng eYowabb stress va(uea: a Fb=7.100 pel(ropa[ative bending) E=t5DDA0D Qal(maduWa of eleatbkl) I oFlns ctldne Cos 6 � - 2.M�fl�������PrvAds oedasoriW Wpmbc Mth t9 pea�mollagtumw�nfe:k otthe nme ofdrcssing � ane shipment. _ - N N NI prcasumtmstedlumbersha0.be Southcm PNa or equal wkhthrfoOoM�allowable atresavaluca: tv Fb=ibOD pal(rtpetanva bcMing) ec � 32`xiP ___ —____ __ 5- 00. __ ____ — E=1.5O0.00O ppss1(mcdulus of elaetkky) C '- S. Prodda ov rtav oPt'k3'Creas bridging orequal(or escry B'spanoFlolata. _(A 4.MIcreIWmO membere ahalthave Wuavlaf appcereme grade unless noted lntha droMngaaMeordormtotde folbMry _ CD -''-- Mnlmunralbwebb atrcsses: Fb=2600 pal z N 0 E=26OD.DDD psf �� (a Fr=zes pal E I Y 6 5 an-r a 5 Y e 5 T S.All pyamd hall ba czteeor gnde(oRcdor elves}AU pywood shall be APA rats.Use i/4'Underfayme+mundereU Q J — nb nacre. O TO 3 6.Prodda douNe Joist uMerpar[kbna pareuclwkhJobta 7.Faetenero end anchoregea:OFelut type.moteMtand ft.h euIV3ta appgeeuon shown Protide metal herg<re and z .S hamNg e�wham o€etratndtype recommeMW hrlriteMeduse bythe manufacture.HotdlpgaManiredfastenveand _ O�� O ancharegea Wrwar4 exposed to weether.ln grountrcontactaM hlghrdacho humidity Lo wmpN weh ASThl A193. B.Bulldbig Popar.AaphakaaWretad felt,nomperfvreted ASTM D226. Z= E. DgA Bbere.6.t meta thbk. `.. . aoduaeubJaeito compliants M-1-116==l ta paoddad:ryvek®T.Wk ae Daps.Dupmk ea o — - - -- - ® fO.6iri11�6 .�Gln &Wa lod lnlengtk fabrkatW In strip fomn to use eseagixabrl'rombalthkknwa Q 0 •C 2-2xfO°Hw0er 11.Pkexmweprc»uro Aratedlumbcrend pyunod wkh wetmbome preeaMwaoto eompbMdrAWPA Rand G9, L_____________________---___— roapeeft endwnh rcqutrcmerkal Lf-below: a A = WooAfor Greund Wrrtacc Bee:AWRB LP-22 >-C d 2 6'DWoodforwgernbnbavagmurd Uam AWPB LP-z �Q d d SECOND FLOOR FRAMING PLAN r texdabckA9.aGpphyendnmlarlamaMmnduNonxdroonng.FTeahing.aparbancaeMwatopmofiy �La rx' rat aNa abcpern blockm6 fumNg,safppingend almllvrkemelMlrotwrlt cawlNrmeeanryoreonerato. L $tale:V4=1'4 12 Exuotlom lnateg roughcerperery workto��'MBi N.EPA"Manual of Houaeae Freming.Form E3O.MAPA OeaIgN 1LL'C Conatrueibn Gums-Reeldcnual6Commertbl andthafolloMng: ' ReeommeMenons of Uacrglrxsredwood preduew menufacwror. Q RaoommeMatlona of the menufadturar ofoheathin&uMerlgmrarrtaMotherproducte nos eovemd fntha sbwe publicetfons FIRST FLOOR FRAMING PLAN 6taagnaap tvtaaqumd aaawbneawthmmbaapWmbanatreaamataea ' - - 5wurayaemch eaperkryvrorkto eubstrorae and aupporGngmcmbcre using fastcncro afstra that Mil not penetrara 0 membw whero oppwka eWea Wa be apoad WvlewmmuMe Mdahmate e ) Headar.2-2xa„ Install faatcnera xtthouc eplktingxrood:feafen pond roduata to eibw 6ir Ion aednta unicas aGwmlee Naleated. 6mla V4"=TT -- yy - PmMcxmdfreml��jj membcreoPetre nndepaclnB xtth vroodbloeUng rot kaathan 2lnchea th�sk.Nnot bbcV dby a _ _ othertnmingmembern � � Fasten cenauucUan panes products eafdbwa: co ComNnatlan SubflooMgUnder4pmnrt GWe and lug to fnMngthrougM1ovG V Sh.n111B-Nml tafmMng g) 6ubtbMng-GWo aro nagwframingO—Sh— O^ �' _ z8• �1 T Un NreMlgLratbn MM—Cavernwdl shwthing MGr atrinNmtfan V-rtk epMlence MthmewfaeWmta pMtad direcibna Q FWISHCAP.PEMM t. All motadafatMopera[bna ehe0 meetsbarcqufremakeofthe latest Woodwork Wdcuta(AWIJ.A�mcricen Pyvmtha fogo (ArA r Lural Burtau(SPIE).A-d an W.Mft en--lu)roau�(AW1111IM mpacuar . the HaMwood Pywood Manufacturoro Aeeodeaon(HPMA) 2 Grading oflumberoIM0wHom apeclw shay eoNormWtho regmrcmenta oFASSMD 2555 and ASiM D 245 O C fn _ C to JA z2' fo t W d O) L C p E co LL CG O — — O f/1 � ------ ---- C 06 — r!3 N W --- ----- H. 2-1 x V (7 ROOF FRAMING PLAN CEILING JOIST FRAMING PLAN CD a Typical Roof Framing-Except As otherwise NOW N y Roof Sheathing:l/z'CDX Plywood Ridge Deam:2"x 1z' sheet n0 H1&Yelley Rafters:l 3/4"x 111!4"Mfcroltam � 6 Collar Ties:2"x G"®32°OC i Paul Davies Assoc.,Architects January 6, 2006 Mr. Gerald Brown, Building Commissioner North Andover Building Dept. 400 Osgood St. North Andover, MA 01845 Re: Buildings Numbered 4 & 5 a 1A , 4 = -fP s3.-: 53'1 VJcL( 1Y Rid, Waverly Oaks Condominiums ��,p„ tj #�' Q >5'�� Wa�LY`��/ RJ, Waverly Road North Andover, MA Dear Mr. Brown; 4-P A site inspection was done on January rd , 2006 to review the placement of a stone base below the proposed footings. We observed that the stone was placed and compacted as suggested by this office. We therefore conclude that this site is suitable for the installation of the footing system for the above referenced buildings. Very truly yours; Paul L Davies, AIA MA Reg. 3280 635 Rogers 5t. Unit 4 Lowell, MA 01852 978-459-2154 _...... . _ .__ _. r . Town of North Andover p r 5 Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Strm � D. Robert Niceflta ':Horth Andover,Massachusetts 01845 Building Coininissioner 'Telephone (978)688-9541 Fax (978)688-9542 Plan titled: Landscape Plant&Details Waverly Oaks in North Andover,MA Owner: Ilighview ,,LLC. Prepared by: Huntress Associates,Inc. 17'Tewksbury Street Andover,Massachusetts 01810& Merrimack Engineering Services 66 Pack Street Andover,MA 01810 Date: November 5,2004,Rev:November 28,2004 Plan Titled: Two Unit Townhouse Condominium Waverly Oaks Condominium North Andover,Massachusetts Prepared for: Highview,LLC Tewksbury,Massachusetts Prepared b5r Paul L Davies&Assoc.,Architects 635 Rogers St.#4 Lowell,MA 01852 Voting in favor were John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The 16 page complete Decision with the 37 written communications,6 findings offfac t, 19 general conditions,26 specific conditions,23 waivers,and associated Plates are on file at the Zoning Board of Appeals,400 Osgood Street,North Andover,Massachusetts and can be viewed during normal office hours. Tower of North Andover Board of Appeals, ooh D Laj -)Lman 2004-011. M22PI&25. Page 2 of 2 Board of Appeals 978-688.9541 Building 978688-9545 Conservation 978688.9530 Health 978$88-9540 Planning 978.688-9535 --------- ................................ ............................................... ................................................................................. &ms' s 9446 FG, Decision on Comprehensive Permit Application Highview; LLC 1501 Main Street—Suite 47 Tewksbury, MA 01876 Petition No. 2004-011 PROCEDURAL HISTORY' Highview, LLC ("The Applicant") filed an application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 through 23,to construct 16 units of condominium housing of which 25%or 4 would be set aside as "affordable", in the Residential 4 (R-4) zoning district, located at Waverly Road,North Andover,MA 01845,("the Property"). The Applicant is a duly organized Massachusetts Limited Liability Company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The Comprehensive Permit application was submitted to the North Andover Town Clerk's Office on April 14, 2004. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Massachusetts Housing and Finance Agency(MassHousing)for a project eligibility letter through the MassHousing Housing Starts program. MassHousing reviewed the Application and issued a Project Eligibility Letter to the Applicant on March 12, 2004. The Applicant has proposed no other subsidy programs. The Applicant has chosen the Citizens' Housing and Planning Association(CHAPA),as the agency to monitor the resale of the affordable units. The Applicant submitted plans prepared by Merrimack Engineering Services dated September 5,2003 to the North Andover Zoning of Appeals with the submission of the Comprehensive Permit Application. The North Andover Zoning Board of Appeals circulated the plans for review to the North Andover Police Department,the North Andover Fire Department, the North Andover Conservation Commission, the North Andover Board of Health,the North Andover Planning Board,the North Andover Department of Public Works and the North Andover Board of Selectmen. Partly as a result of comments and recommendations made by these Boards,the Applicant submitted several revised plans and the latest dated Revised November 24, 2004,which are the plans upon which this decision is based("Approved"plans). There are no outstanding issues raised by any Town Boards. All issues have been satisfactorily addressed by the Applicant. The Town of North Andover Zoning Board of Appeals,after publication in The Eagle Tribune on April 26, 2004 and May 3, 2004 and due notice sent to all abutters and interested parties, opened a public hearing on May 13,2004 at the North Andover Senior Center at 1208 Main Street,North Andover,Massachusetts. North Andover ZoningBoard of Appeals als members resent were Ellen P. pp p McIntyre, Richard J. Byers,Brsohn M Y M. Pallone and Joseph D 9 p LaGrasse, who chaired the Comprehensive Permit hearings. lit MAR 3 2005 1 BOARD Cr APPEALS The May 13, 2004 hearing was continued to June 8, 2004 where there was no evidence heard; that hearing was continued to July 13, 2004 where there was no evidence heard;that meeting was continued to August 10, 2004 where there was no evidence heard and that hearing was continued to September 21, 2004, where evidence was heard;that hearing was continued to October 12, 2004 where no evidence was heard; that hearing was continued to November 9, 2004 where evidence was heard;that hearing was continued to December 14, 2004 where evidence was heard;that hearing was continued to January 13, 2005 where evidence was heard and the hearing was closed. At the May 13, 2004 North Andover Zoning Board of Appeals hearing, and at subsequent hearings held to continue the public hearing, the Applicant was represented by Attorney Daniel Hayes of Morris, Rossi and Hayes, 32 Chestnut Street Andover, MA 01810 - Stephen E. Stapinski of Merrimack Engineering Services, 66 Park Street,Andover, MA 01810 and Robert Ahern, Highview LLC, 1501 Main Street, Suite 47, Tewksbury, MA 01876. The premises, which is generally known as Waverly Oaks, is located on Waverly Road, North Andover, Massachusetts and is currently owned by Highview, LLC based in Tewksbury. Their deeds to the Property are recorded at the Essex North Registry of Deeds in Book 7987, Page 58. The parcels are also identified as North Andover Assessor's Map 22 Lots 1,25. The site is irregular in shape, set between an existing neighborhood and a commercial building(North Andover Mall) and consists of 1.40 acres of land with 348 feet of frontage on Waverly Road. The site is wooded and it is presently served by municipal water and sewer. The site is located in zoning district Residential 4 (R-4). Two-family dwellings are allowed by Special Permit in R-4 districts. The site is adjacent to an unbuilt paper street called Naples Avenue, and has an unbuilt paper street on the site known as Marengo Street. Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 were found on the site. The property is located within the Shawsheen River watershed, and lies entirely outside of the Watershed Protection District. The site is not located in a 100 year floodplain. There is currently an Order of Conditions for the site,which allows construction of two duplex buildings. According to the applicant, Highview, LLC had conducted neighborhood meetings and made many revisions to its various submission to address area concerns. During the course of the public hearing there was public input. As a result of that input,there were revisions that were made to the plans reducing the number of units from 16 to 11,amongst other changes. 2 4 During the course of the public hearing Board members offered site plan suggestions that the applicant agreed to consider. The suggestions concerned aesthetics, grading, unit density, building locations, landscape buffers to the neighboring properties, entranc site lines, etc. Based on these comments the applicant p epareda revis d plan thatdelet e four of the market rate units and one of the affordable units. The plan as revised is as follows: four 2 bedroom/unit duplex buildings, and one 2 bedroom/unit triplex building(5 buildings, 11 units, 22 bedrooms). Parking shall consist of 11 garage spaces and 14 surface spaces; total parking is 25 spaces. During the course of the public hearing, the Board of Appeals also received and considered the following written communications: Document From Contents #1 -Highview, LLC Comprehensive Permit 2004-011 Item Date Town Clerk #2-Mark H. Rees, Town Manager Board of Selectmen's response to WaverlyOaks 4-14-04 #3 -Timothy Willett&Jack DPW response to Waverly Oaks 4-28-04 Sullivan,DPW46 #4-Julie Parrino,Town Planner Planning Board response to Waverly Oaks 4-29-04 #5-Atty. Daniel A. Hayes,Jr. Highview,LLC response to ownership of Marengo Street question,Master Deed NERD Bk. 8454 Pg.254-277& NERD Bk. 8461 Pg. 149-150,&Grant to Anastasia Sheehan #6-Christopher M. Waszczuk Letter from Honig&Barnes, LLP re ownership of 12-2-02 Marengo Street for Conservation Commission NOI hearing 242-1174& 1175 &NERD Bk. 793 Pg. 338.,or, Marengo can't be part of Waverly. #7-Deborah Fox Address to ZBA re impact of Waverly Oaks on abutters 5-13 #8-Ann Marie Driscoll-Waszczuk 64 « -04 #9-Christopher M. Waszczuk Cover letter for documents re:Marengo Street 5-25-04 1.NERD Plan#12180,2.NERD Plan#5347,3.NERD Plan#631,4.NERD Deed Bk.5711 Pg.201,NERD Deed Bk.4554 Pg. 164-8,NERD Deed Bk.4167 Pg. 321-3,&Honig&Barnes 12-2-02 #10-Stephen E. Stapinski, Letter responding to 5-13-04 meeting&cover letter for 6-3-04 Merrimack Engineering Services, below Inc. #11 -Paul L. Davies&Assoc.,- Typical Townhouse Condominium Unit, Waverly Oaks 6-2-04 Architects Condominium August 14,2003,June 2,2004 #12-Neighbors for the Letter listing 22 items of concern to the The Neighbors 6-1-04 Preservation of Hawthorne Place and Waverly Road(The Neighbors) #13 -Lt.Andrew Me lm' kas,NA Memo response to Waverl Oaks application 7-8-04Fire Department #14-Stephen E. Stapinski, Letter addressing concerns of the Neighbors vs.scope of 7-12-04 Merrimack Engineering Services, 40B hearings Inc. #15-Susan Sawyer,NA Public Memo response to Waverly Oaks a Health Director Y application 7-14-04 #16-The Neighbors Letter responding to Merrimack Engineering 7-12-04, 8-1-04 signed by the representatives,Christopher Waszczuk, Ronald Thorne,and Deborah Fox #16-Timothy B. McIntosh, P.E., Engineering consultant report in response to Waverly 8-1-04 Vanasse Hangen Brustlin, Inc. Oaks application (VHB) 3 I #17-Stephen E. Stapinski, Response to VHB report of 8-1-04&cover letter for 9-17-04 Merrimack Engineering Services above Site Development Plan #18-Ellen Mary Can: Letter requesting the ZBA to consider the June 1,2004 104-04 abutter concerns and request the Commonwealth for project review funds #19-Richard M. Stanley,Chief of Response to Waverly Oaks application requesting traffic 10-7-04 Police,NA study #20-Dermot J.Kelly Associates, Traffic Impact Study,Proposed Residential Development 10-14-04 Associates,Inc. Project,Waverly Oaks #21 -Highview,LLC Fiscal Impact Analysis 10-25-04 #22-Merrimack Engineering Waverly Oaks Site cross section, Waverley Road to 10-25-04 Services,Inc. Naples Street #23 -Stephan E.Stapinski, Letter detailing project reduction from 16 units to 11 & 114-04 Merrimack Engineering Services, below site plan Inc. #24-Merrimack Engineering Site Development Plan Waverly Oaks Rev:October 30, 10-30-04 Services,Inc. 2004 #25-Huntress Associates,Inc., 17 Landscape Plans&Details Waverly Oaks 11-5-04 Tewksbury St,Andover,01810& Merrimack Engineering Services, Inc. #26-Huntress Associates,Inc., Planting Details Waverly Oaks,North Andover,MA Nov.2004 #27-Paul L.Davies&Assoc., Floor Plans,Two Unit Townhouse Condominium& 11-8-04 Architects Elevations,Two Unit Townhouse Condominium #28-Robert Nagi,PE,PTOE& Initial Review of the Traffic Impact Study of 10-14-04 11-8-04 Sara Lewis,EIT,of VHB #29-Stephen E.Stapinski, Response to VHB Traffic Impact Study of 11-8-04 11-10-04 Merrimack Engineering Services, Inc. #30-Merrimack Engineering Site Development Plan Waverly Oaks,Date:September 11-24-05 Services,Inc. 5,2003,Rev:November 24,2004 #31 -Huntress Associates,Inc., 17 Landscape Plans&Details Waverly Oaks Date: 11-28-04 Tewksbury St,Andover, 01810& November 5,2004,Rev:November 28,2004 Merrimack Engineering Services, Inc. #32-Paul L.Davies&Assoc., Floor Plans,Two Unit Townhouse Condominium& 11-24-04 Architects Elevations,Two Unit Townhouse Condominium, November 8,2004,Revised:November 29 2004 #33 -Ellen Mary Carr Letter requesting revised construction budget&basis for 12-14-04 revised unit sales amounts #34-Robert Ahern,Principal, Cover letter reviewing questions from the Board and 1-3-05 Highview,LLC Departments and below compilation of hearing materials #35-Highview,LLC Revised Application for Comprehensive Permit 12-30-04 #36 Stephen E. Stapinski, Letter requesting VHB review of compilation and revised 1-4-05 Merrimack Engineering Services, plans Inc. #37-Timothy E.McIntosh,P.E. VHB response to Highview,LLC request for review of 1-11-05 Site Development Plan 11-24-04 and 1-3-05 letter& compilation The above referenced VHB letters were the result of reviews performed by VHB paid for with funds provided by the applicant. The Public Hearing was closed on January 13, 2005. By mutual agreement between the Board and the applicant the time for the Board to render a decision was extended� to March 8, 2005. I 4 The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the preceding submissions, which include, but are not limited to, the foregoing materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a Comprehensive Permit. FINDINGS 1. The Applicant. The Applicant Hi hview LLC is a"limited dividend organization"anization" as that term is used in M.G.L. Chap. 40B § 21 and 760 CMR 30.02, will sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a Comprehensive Permit. Highview, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization, the Project is fundable by the Massachusetts Housing and Finance Agency's Housing Starts and New England Fund program, and has control of the site as that term is used in 760 CMR 31.01. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B § or 760 CMR 31.04. 3. The Project. The Project, as shown on the"Approved" Site Plan, consists of 11 condominium units, arranged on the 1.4 acre property as follows: eleven units total of which there are four duplex buildings for a total of eight two bedroom units and one triplex building for a total of three two bedroom units. The Project's name will be Waverly Oaks. Affordable Housing to be Provided. A minimum of twenty-five per cent (25%)of the units shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B § 20. 4. Access and Traffic Issues. There shall be one driveway entering the property. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. 5. Support by Town Board and Agencies. During the course of the public hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works, the policy Department,the Fire Department,the future comments of the Conservation Commission, the Board of Selectmen, and the Board of Health. The Board also considered the input of Vanasse Hangen Brustlin, Inc. (VHB), who conducted an independent technical review of the Applicant's application,revised plans and studies and presented findings of this review to the Board in writing. The Applicant has satisfactorily addressed all issues raised by VHB and town agencies and there are no outstanding issues at this time. 6. Waivers Granted. As part of its application for a Comprehensive Permit, the Applicant submitted ed a.1st o. re .ested waivers t o �e North Andover r Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that 5 these waivers, included herein as revised, are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4 - 0 vote of the North Andover Zoning Board of Appeals taken on March 3, 2005, a Comprehensive Permit for the Project, subject to the following nineteen(19) general conditions,twenty six (26) specific conditions and twenty three(23) waivers, is hereby APPROVED with the following conditions. COMPREHENSIVE PERMIT CONDITIONS A. GENERAL CONDITIONS 1. The "Approved"Plans as detailed herein shall not be substantially changed, altered or reconfigured in any way without prior notice to the North Andover Board of Appeals. In accordance with DHCD and/or MHFA Guidelines (the applicant prefers to file with DHCD under the New England Fund but reserves the right to file with MHFA under the Housing Starts Program)http://www.state.ma.us/dhcd/components/hac/GUIDE.HTM) the Board will decide within twenty days whether the change is substantial or not. If the Board determines that the change is substantial (in accordance with HAC Regulations 760 CMR 31.03 (2) (b) (3)) it must hold a hearing within 30 days to decide whether to permit the change. All requirements of the Housing Starts program or New England Fund program as administered by the Massachusetts Housing Finance Agency are to be met. The MassHousing Regulatory Agreement, as approved by the Town, and the Deed Rider as approved by the Town, shall be an affordable housing restriction as required by MassHousing and shall be recorded at the North Essex Registry of Deeds by Highview prior to Highview receiving any certificate of occupancy. Approval by the Board of Appeals of the Regulatory Agreement and Deed Rider must be issued prior to the applicant Receiving Certificates of Occupancy for the Units. Any permits for construction issued and taken shall be at the applicant's sole risk. In the event that the applicant finances the project privately or through a lender other than MassHousing, the applicant scant will et pp final approval II rr of this comprehensive Permit from MassHousing prior to any new construction on the site. The Applicant shall execute and record with the Registry of Deeds, a Regulatory Agreement, approved by the Town, and shall execute and record with the Registry of Deeds a Deed Rider approved by the Town, which shall be an affordable housing restriction in accordance with MGL Chap. 184, sec. 26, 31, 32 and 33. The Deed Rider shall mandate the affordable units be sold and resold subject to the affordability requirement for ninety-nine years or in perpetuity whatever period is longer as allowed by law. In the event of a sale to an ineligible purchaser the property shall remain affordable upon its subsequent resale to a third party. A sale to an ineligible purchaser will not affect the affordability of the Unit. The property sold to an ineligible purchaser will be subject to the continuing obligation to be sold and marketed as an affordable 6 unit. The sale procedure to be outlined in the Deed Rider must be followed by the selling ineligible purchaser, with the Town retaining a right of First Refusal (to be outlined in the Deed Rider)and with the restriction of the sale being to an eligible purchaser. The Deed to an ineligible purchaser shall clearly state that the Property is being conveyed subject to the restriction that a subsequent resale must be to an eligible purchaser. If the holder of record of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender or its successors or assigns (other than the Gr gn Grantee or any person related to the Grantee by blood, adoption, or marriage (any of the foregoing, a"Related Party) shall acquire an affordable Unit("the Property") by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, REgyi1ded that the holder of such mortgage has given the Monitoring Agent and the Town not less than sixty (60)days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, and rovidedfurther ththe principal amount secured by such mortgage did not exceed one hundred (100%) at tpercent (10 he of the Maximum Resale Price calculated at the time of the granting of the mortgage (the "Permitted Indebtedness"), then the rights and restrictions contained in the deed rider and in the Regulatory Agreement shall not apply to such holder upon such acquisition of the Property, any purchaser(other than an Interested P sale conducted by such holder, or anpurchaser �) of the Property at a foreclosure Property from y p (other than a Related Party) of the P rty such holder, and such Property p rty shall thereupon and thereafter be free from all such rights m and restrictions ions co ntamed herein and in the Regulatory Agreement. The holder of Permitted Indebtedness is referred to herein as a"Permitted Mortgagee." In the event such Permitted Mortgagee conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the Permitted Mortgagee is entitled to recover pursuant to the terms of the mortgage(the "Mort rage Satisfaction Amount"), and(ii) the Maximum Resale Price, such excess shall be paid to North Andover. To the extent the grantee possesses any interest in any amount which would otherwise be payable to the Town under this paragraph, to the fullest extent permissible by law, the Grantee must assign its interest in such amount to such holder fora p yment to the Town. Funds received by North Andover under this paragraph shall be deposited in an affordable housing fund to be expended by the Town for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Town. i A Permitted Mortgagee shall notify the Monitoring Agent and the Town in the event of any default for which the Permitted Mortgagee intends to commence foreclosure proceedings. No failure to notify the Monitoring Agent and the Town pursuant to the previous sentence shall impair the validity of the foreclosure. The Granteean gr is to the Town the right and option to purchase the Property upon receipt by the Town of notice in any form (including notice by newspaper publication deemed to be received on the date of publication) of an 7 impending foreclosure against the Property. In the event the Town intend option, the Town shall purchase the Propeequarty s to exercise Maximum Resale Price or the Mortgage Satisfaction cAm unttwi him ixtheter ty 6f0) d ays receipt of such notice. The deed to the Town shall include a deed rider containing all o! the rights and restrictions set forth in the Deed Rider and otherwise satisfactory in form and substance to the Monitoring Agent which the Town, as a condition to such purchasf agrees to annex to said deed. Any excess received by the Permitted Mortgagee over the Mortgage Satisfaction Amount shall be paid to the Grantee (provided, that in the event that such excess paid shall be so paid to the Grantee, the Grantee shall thereafter indemnify such Permitted Mortgagee against loss or damage to such Permitted Mortgagee resulting from any claim made by any other party to the extent that such claii is based upon payment of such excess by such Permitted Mortgagee to the Grantee in accordance therewith,provided that such Permitted Mortgagee shall give the Grantee prompt notice of any such claim and shall not object to intervention by the Grantee in an proceeding relating thereto). 2. The number of units to be constructed under this Comprehensive Permit is eleven (11). The developer has agreed to an allocation of units such that there will be a total of 3 affordable units(27.27%). The location of the mixed with at least one in the triplex and t shall be the middle unite u t. units will be 3• All affordable units are to be sold through a lottery process in accordance with Massachusetts Department of Housing and community Development guidelines. All fees and facilitation are to be the responsibility of the Applicant. Two of the three affordable units shall be set aside for North Andover residents in accordance With DHCD and/or MHFA regulations. 4• Prior to submitting the proposed Regulatory Agreement and the Deed Rider to the Board for approval, Highview shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved b the governmental 0 Y g ernmental entity ty or is not permitted by law, the Deed rider shall include an Affordability Requirement for the longest period allowed by law, but in no event less thanninety-nine (99)years. Moreover, in the event that the Affordability Requirement is not perpetual, Highview shall submit tthe Board written evidence perpetual of its efforts to secure approval of the a etual restrict any written denial thereof and grant to the Town of North An over or is designee in the Deed Rider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutuallytable to counsel for Hi ace p Highview and Town Counsel, for all affordable units 5. Occupancy for each unit is expected to takeas s lace practicable aft P oon as is reasonably of construction, issuance of Certificate(s) of after completion Occupancy by the building commissioner and conveyance to individual unit owners. 8 6. During construction, all local, state and federal laws and regulations shall followed regarding noise, vibration, dust and blocking Town ways. At all ti Applicant shall use reasonable means to times, the area. minimize inconvenience to the residents 7• The Applicant pp ant shal 1 comply with all bylaws, rules pertaining and re d codes p imng to the development of the site, unless expresslyuwaived�herein. n. 8. Before beginning any construction under this Comprehensive Perm' t, other work, the Applicant shall furnish evidence to the Building Commissioner that this si decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, as appropriate. including document number, or a book and genumber shall on f recording, Building Commissioner. p vided to the 9. Highview will be responsible for the snow removal, trash removal, removal, recyclable materials removal,road maintenance, and storm rubbish maintenance on the premises until drainage unit such time as the or owners controls the condominium at which time hese responsibilities condominium be assumed by the organization of condominium owners in t Condominium Documents shall include a Provision to this effect. Th To e North Andover will not provide these services to this project. wn of 10. A Certificate of Insurance, naming the Applicant as the named insured w include coverage for general liabilityin loch shall automobile liability, umbrella an amount not less than$2,000,000.00, coverage, and submitted to the North Workmen's Compensation, shall be Andover Zoning Board of Appeals,prior to the be i construction, including site preparation. ging of 11. The Building Commissioner ssioner shall be the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the enforcement of any of the conditions, restrictions, or requirements of the ! purposes of Comprehensive Permit and the Building Commissioner is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 12. Prior to obtaining a building permit for construction of the townhouse Applicant shall submit final construction amts, he on dra B win s Building Commissioner for a review to assure general d compliance Plan to the he "approved plans',as provided in the Massachusetts Comprehensive Perini the event that there are changes that the Buildin Coner t Law. In substantial, the Commissioner shall submit them to the loard of Appeals n s determination whether a substantial changes does in fact exist cfor section A-1 above). t (m accordance with 13. The Applicant shall not be permitted to continence construction of th units until such time as the Applicant has delivered a draft co a to Ouse Agreement and Deed Rider to the Buildingy of a Regulatory Commmmissioner. 9 14. The Comprehensive Permit is granted based on the Application and n o use and no other improvements substantially different from those contemplated by the Pro ec Plans referenced above, and submitted with the application, shall be deemed Permitted by virtue of the granting of the Comprehensive Permit. 15. The Comprehensive Permit shall run with the land. 16. The Comprehensive Permit shall become void in the event the Applicant does obtain a building permit in connection with the Project within three 3 not after the date of recording of this Permit by the Applicant with the Essex North Registry of Deeds, which is not subject to an appeal or contest. 17. The waivers from all local bylaws, rules, and regulations that have been granted arc attached. All other bylaws, rules, and regulations remain in full force and effect. The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 18. The Project shall comply with all applicable state and federal regulations including but not limited to State Building Code, State Sanitary Code,Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes and all applicable State and Municipal codes. 19. The Massachusetts Architectural Board Rules and Regulations,ulati govern handicapaccessibility. g ons, 521 CMR shall ssibili . t3' B. SPECIFIC CONDITIONS 1• The Project, as shown on the" condominiumsts of I I Approved�� Site Plan co nsi units, four two bedroom/unit duplex buildings and one two bedroom/unit triplex building on a 1.4 acre property. The Project's name will be The Waverly Oaks. According to the site plan,the total number of parking spaces shall be 25 for an overall parking ratio of 2.27 parking spaces per unit. 2. The Applicant shall develop and sell these units as condominiums and not as rental units. The rules and regulations of the condominium shall contain a provision which is not less restrictive than the following: Any lease or rental of a unit by a Unit Owner,.other than by the Declarant, shall be subject to the following conditions: i a• Such lease or rental agreement shall be in writing; b• The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6)months; 10 d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium; and f A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or rentingof the affordable ffordable units shall be prohibited. 3• The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Develo mentDD ). To the extent ft federal and Massachusetts law, residents of the Town of North Ando i ed by granted a local preference for the mitral sal are to be l units. In no case shall local preference be granted or more than two affordable o f the affordable units. The Applicant shall work with the Town of North Andover e toward this goal. 4. The Applicant has agreed to hire as outside monitoring agent, Citizens' Housing and Planning Association(CHAPA). CHAPA will utilize best efforts to keep local preferences in perpetuity or for ninety-nine years whatever period is longer allowed b law. er as Y g 5• All of the units in the Project that are designated as "affordable" shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development. The affordable units shall be indistinguishable from market rate units in the Project from the exterior. A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. 6. Waverly Oaks will have scheduled private curbside trash pickup. 7. There shall be one driveway for the condominium units to the site as shown on the final revised site plan. 8. The applicant shall supply and verify the fire hydrant locations in a manner satisfactory with the North Andover Fire Department. 9. There shall be residential sprinkler and other fire protection systems as required b the North Andover Fire Department. Fire resistant siding shall be used on the west face of building#4 and#5. 11 10. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appe� relative to all on- and off-site drainage and utility issues. 11. The Applicant shall provide details on the sewer main and sewer services includin profiles to the North Andover Department of Public Works as part of the technical review prior to the issuance of a building permit. 12. Cross connection details and proper backflow information tie-ins and the type and size of water services shall be provided and approved by the Nort Andover Department of Public Works prior to the issuance of a building permit; such approval shall not be unreasonably withheld and shall be issuetimely fashion. d in a 13. Installation and maintenance of the sewer conduits on the site, both force main gravity, the sewer pumping station, shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost if requested uested b station shall remain privately d Y the Town. The sewer pumping P owned and d ma' mtaine at which time it will be conveyed at no cost to the own of North Andve e Town i 14. Greening and landsca landsc P ng shall be substantially in compliance with the ape planting plan provided. A clear"sight triangle" shall be provid d at approved Waverly Road and Marengo Street. : 15. Final plans stamped by a structural engineer shall be submitted depicting the location and height of proposed retaining walls that exceed four feet in . Sai height. Ppermit Plans shall be submitted prior to issuance of a buildingg d . 16. Final plans shall be submitted specifying measures to stabilize slopes be greater than 3:1, entrance radius of 30' rather than 20' Proposed to �° and "turnaround". Said Plans shall be submitted prior to the issuanoguardrail bu building the permit. 17. Stormwater runoff, other than roof runoff, shall be pretreated prior to being recharged. A Notice of Intent or modification to the existing Order shall be filed b the applicant with the North Andover Conservation Commission. Said filing to y occur within 180 days of approval and the expiration of all appeals for this decision. 18. Final plans shall be submitted specifying stormwater management areas along with providing an adequate overflow maintain mechanism, and showing rip rap for erosion control at the outlets. 19. Infiltration of roof runoff shall be considered in the final design of the stormwater management system to the extent that it is practical and feasible. 12 20. The final design plans shall show curbing where needed to direct runoff into the stormwater management system. The Marengo Street catch basins shall be locate at the point of curvature(near contour sixty)of the driveway. 21. Final plans shall be submitted to include an operation and maintenance plan for the stormwater management system. 22. Refer to notes on the November 24, 2004 plan for other construction standards and conditions. 23. The construction of Waverly Oaks need not be phased but must be completed two years after construction starts. 24. The Board of Appeals,pursuant to the authority contained in Massachusetts General Laws Chapter 40B, Section 21, hereby issues to the Applicant all of the locally obtainable permits needed to construct the Project, subject to the express terms and conditions of this Decision provided that the North Andover DPW has reviewed and approved the technical aspects of any sewer connections, prior to the issuance of a building permit. Consequently, this will confirm that the Inspector of Buildings may rely upon this Decision in determining whether the Applicant has fulfilled the preconditions for obtaining building permits for the Project. Except for the express reservations contained in this Decision, the administration of the building permit process for the Project is to be conducted subject to (a)the state building code, (b) applicable state laws, (c) state permits and approval for which this Board can not and has not issued, and(d)the terms and provisions of this Decision. 25. All materials and building color shall be specified and p submitted to the Building wild' Commissioner and to the Zoning Board for final review prior to the issuance of a building permit. 26. Final site improvement drawings shall be submitted to the Building Commissioner and to the Zoning Board for approval al rior to a building p im7A. ents shall detail but not be limited to the follw ng rt. The site Ground mounted HVAC equipment shall be concealed. Provide lighting plan and details. 13 J Approved Waivers to the By-Laws and Regulations In Effect in the Town of North Andover For the Approved 11 Unit Residential Housing Project To be known as Waverly Oaks Waverly Road,North Andover, Massachusetts Waivers requested are those expected to be required from the Zoning Bylaw as amended through the Annual Town Meeting of 2004 for the development of this project in accordance with revised plans and drawings(Approved Plans) listed below: Prepared by Sheet Title Rev. Date Huntress Assoc. Inc. & Merrimack Engineering Services 1 Landscape Plan& Details 11/28/04 Merrimack Engineering Services 1 Site Development Plan Rev: 11/24/C Paul Davis Associates 2 sheets Townhouse Elevations and Floor Plans 12/8/04 The proposed development shall require the following waivers from the North Andover Zoning By- Law: 1. The Building Commissioner may assume that additional waivers from the By-Laws and Regulations of the Town of North Andover are granted where an item is not specifically listed in this decision but it is shown on the approved Plans. 2. Section: 4.122; Item: One residential buildingper lot; P Request: five buildings per lot 3. Section: 4.122 Item: One or two family dwellings; per Request: Permit two or more dwellingsbuilding P g 4. Section: 4.2 Item: Phased Development By-law Request: Not applicable to this development 5. Section: 5.0; Item: Earth materials removal Request: Does not apply 6. Section: 7.2.1; Item: Access across street frontage Request: Access to Marengo Street to Waverly Road, to the extent that the plan does not comply with 7.2.1 14 r 7. Section: 7.3 Item: Yards Request: Setback of 15' front in lieu of 30' front Marengo Street (if applicable) 8. Section: 7.3 Item: Yards Request: Setback of 15' rear in lieu of 30' rear or 15' front in lieu of 30' front at Naples Avenue if the property line is determined to be front or rear 9. Section: 7.4 Item: Height- 35' max allowed Request: 35.92 max allowed height i 10. Section: 7.7 Item: Density— 1 duplex per 12,500 S.F. Lot(6.96 units/acre) Request: 7.85 units per acre 11. Section: 8.1 Item: Parking—in residential districts and for multi-family front yards not to be used for parking Request: Permit parking in front yards 12. Section: 8.1 Item: Parking-Driveway width to be 25' Request: Driveway width 24' I 13. Section 8.1 Item: Screening Request: Parking- Be provided coincidental with the site plan 14. Section 8.1 Item: Design Standards Request: Parking -Allow a parking space behind a garage space 15. Section: 8.3 Item: Site Plan Review Request: Not be required 16. Section: 8.4 Item: Screening and Landscaping Request: Be provided as shown on the development landscape plan 17. Section: 8.7 Item: Growth Management j Request: Not be applicable to this development 18. Section: Table 1 15 r Item: Multi-Family Dwellings not Permitted Request: Permit in an R-4 Zone 19. Section: No. Andover Regulations Item: Conservation Commission Request: Not be required (provide Mass. Standards) 20. Section: No. Andover Regulations Item: Planning Board Request: Not be required (provide Mass. Standards) 21. Section: No. Andover Regulations Item: D.P.W. Sewer and Water Construction Details Request: Not be.required (provide Mass. Standards) 22. A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 23. A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security required by the North Andover Zoning Board of Appeals shall be provided to the Town at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 16 � . Page } Ufl � � Glennon, Michel ..........____- -------------____,........._--_-__ ------------ ___' Fmmmm: JOLaGramseOoa.|egnmmee@comoamt.naO Sent: Thursday, November 17. 2DO57:O7pyN To: Glennon, Michel Subject: Waverly oaks siding Mich, | received samples 0f C$rtaiUteed Vinyl siding colors for the body and trim mfthe buildings ntWaverly Oaks. The Engineer requests that am required tocontact the Building Inspectorand approve thecq|on-for this project. | was not aware ofthat requirement. Please check with the B.|. and inform him that ifne requires me to approve the siding colors,this imthat approval.Am | see itthe colors are neutral tan and puM^� well. told that�rneisof the essence. Please let mnmknow via enmaU. Please fomvmndtoB.|. and oUnmenmbmrmiY-you like. ' ' ll/28/2UO5 Y-r Ana m IL N+3 3 f.r�.t2 fff01 49 Wi-SJNiGfN � ' 0 fDs la ba ha DiI � _ bs LY II, hT As Ds D] 1] T] - _ - bs 1r l.. So t.T l3 t D ,a is .. hl 7a V•~"'�'�^�'i - k " bs ba ht hs hs hs U Ds Ds b , ba ,.. 1s i► Do 1a L la Sa br f AL � AT,HRvu •WV ltlx Y Y ! Ol.x 1• �\ L ba b. W ba hf �s—� Sv �ra�di DsIt to . I I I • u as v :m o hs hs ] ti. hi hi l�; l li it fm a 2 ,�,J W At0.ECi: 1�. b. Warr*Oa" ------- -- CUEM' Sx Ds Lr ,x Sy 5 Pair Grossman - ,r.rr+w.aa, rwm urwr. - L S,I m PR4rELTa' ,n Dsl . . lYix ryas 4if 19 __ (D. 111 ��• a►u ,mx s4ss is 057E 'Uig l: Dal Re naffs iwi.f Lou if 111112x05 � I REMS)DW. �tnu vau rsuu f.f e.r. sax, urn] iwu tyT.a fpt9 taTf 1, � ,� w yYr rzou ww of x5t, eJ.aa ton, O 10 ZO X AO 60 80 ,,,,r w cgef otrt, toca m F ,rte re.e arms ian.r mos ao 1"p 2W ei saw IIH.Inn YYIV a ' MASSACHUSETTS HOUSING FINANCE AGENCY Housing Starts Program MONITORING SERVICES AGREEMENT This Monitoring Services Agreement(this"Agreement") is made as of the day of , 2005,by and between Highview, LLC, a Massachusetts Limited Liability Company having an address at 1501 Main Street, Suite 44, Tewksbury Massachusetts 01876 ("Developer"), a Citizens' Housing Planning Association, Inc., having an address at 19 Tremont Street,Boston,Massachusetts 02108 ("Monitoring Agent"), Massachusetts Housing Agency,Finance A having an address at One Beacon Y� g Street, Boston, Massachusetts 02108 ("MassHousing"), and The Town of North Andover ("Municipality"). RECITALS WHEREAS, the Developer intends to construct a housing development known as "Waverly Oaks" at a 1.40+/- acre site located off Waverly Road,North Andover, Massachusetts 01845 in the Municipality,more particularly described in Exhibit A attached hereto and made a part hereof(the"Project"); and WHEREAS, the Project is being financed with a$2,150,000.00 construction loan under the affordable housing program of MassHousing and the guidelines adopted by MassHousing's Homeownership Division in connection therewith the"Pro am Guidelines"); and WHEREAS, the Developer has received a comprehensive permit(the "Comprehensive Pen-nit") from the Zoning Board of Appeals of the Municipality under Chapter 40B, Section 20-23, of the Massachusetts General Laws (the"Act"), which permit is recorded at the Essex North County Registry of Deeds ("Registry")in Book I 9446, Page 58; and WHEREAS,pursuant to the Comprehensive Permit, the Program Guidelines and the Regulatory Agreement among MassHousing, the Municipality and the Developer of even dateherewith the" "Regulatory A rem ), the Project is to consist of a total of 11 condominium units/detached dwellings, of which thirty six (36%)percent (3 units) (the "Affordable Units")will be sold at prices specified in the Regulatory lator Agreement to Eligible Purchasers (as defined herein); and WHEREAS, the Affordable Units will be subject to deed riders governing resale (the"Affordability Requirement") for a period of at least thirty(30) years, except as provided therein; and WHEREAS,pursuant to the Comprehensive Permit, the Program Guidelines and the Regulatory Agreement, the Developer may not receive profit in excess of twenty percent (20%)of total development costs of the Project(the"Limited Dividend Requirement"); and WHEREAS,pursuant to requirements of the Regulatory Agreement and the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requieement and compliance of the Developer with the Limited Dividend Requirement. NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto,intending to be legally bound hereby, 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, as more fully described herein. (a) Limited Dividend Requirement. In accordance with Section 6 of the Regulatory Agreement,the Developer agrees to deliver to the Monitoring Agent the Certified Cost and Income Statements, as defined in the Regulatory Agreement, at the times required thereunder. The Monitoring Agent agrees to review the adequacy and completeness of the Certified Cost and Income Statements and determine the Developer's substantive compliance with the Limited Dividend Requirement. Upon completion of its review of the Certified Cost and Income Statement, the Monitoring Agent will deliver to MassHousing and the Municipality a copy of such statement together with the Monitoring Agent's determination of whether the Limited Dividend Requirement has been met. If all of the units in the Project have not been sold at the time the Developer is required to deliver jthe initial Certified Cost and Income Statement to the Monitoring Agent, the Monitoring Agent will continue to review the subsequent Certified Cost and Income Statements delivered pursuant to the Regulatory Agreement and notify MassHousing and the Municipality until all of the units are sold and compliance with the Limited Dividend Requirement can be determined. If units are sold prior to approval of the initial Certified Cost and Income Statement, the provisions of Section 6(c) of the Regulatory Agreement shall apply. (b) AffordabilitRequirement. (i) Initial Sales. The Developer agrees to deliver to the Monitoring Agent the income and asset certifications, deeds and deed riders with respect to initial sales of Affordable Units as required under the Regulatory Agreement(the"Initial Sales Data"). The Monitoring Agent agrees to review the Initial Sales Data and determine the substantive compliance of the Project with the Affordability Requirement. The Monitoring Agent shall also ensure substantive i I f e compliance with the approved Marketing Plan and lottery process. Upon completion of its review of Initial Sales Data, the Monitoring Agent will deliver to MassHousing and the Municipality a copy of such data together with the Monitoring Agent's determination of whether the Affordability Requirement has been met. MassHousing shall make the final determination of whether the Affordability Requirement has been met. (ii) Resales. The Monitoring Agent also agrees to monitor resales of Affordable Units(including review of income and asset certifications, deeds and deed riders) for compliance with the terms of the Deed Rider, and issuance of certifications, as appropriate, approval of resales and the payment of recapture amounts to the Municipality. The Monitoring Agent shall also locate and select, or provide assistance to the Municipality in locating and selecting, Eligible Purchasers, including without limitation, ensuring compliance with the approved Marketing Plan and lottery process. (c) Annual Reports. Until the Limited Dividend Requirement and the Affordability Requirement have been met, the Monitoring Agent agrees to prepare and deliver annually a report(the"Annual Compliance Report") to the Zoning Enforcement Officer of the Municipality on(x)the compliance of the Developer with reporting requirements required under the Regulatory Agreement and with the Limited Dividend Requirement, and(y) compliance of the Project with the Affordability Requirement. The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Developer to remedy such noncompliance and, if appropriate, recommend possible enforcement action by the Monitoring Agent and/or Municipality against the Developer. The Monitoring Agent shall deliver the Annual Compliance Report within one hundred twenty (120) days of the end of each calendar year during the term of this Agreement. For so long as the MassHousing Loan is outstanding, the Monitoring Agent shall deliver a copy of the Annual Compliance Report to MassHousing simultaneously with delivery thereof to the Municipality. (d) Supplemental Monitoring Services. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable(i)the compliance by the Developer with the Affordability Requirement and the Limited Dividend Requirement, and(ii)the compliance by the owners of the Affordable Units with the requirements of the Deed Rider, including without limitation the owner- occupancy requirement and the Resale Restrictions (including recalculating the Resale Price Multiplier, if necessary). The services hereunder shall not include any construction monitoring. The services hereunder shall include follow-up discussions with the Developer and/or a owners of the Affordable Units, if appropriate, after an event of noncompliance. o peR "L(P or-•,c-44(4 04 2. Monitoring Service Fee. (a) The Monitoring Agent shall receive a fee of $ D V from the Developer at the time of execution of this Agreement. Such fee shall constitute payment for the services of the Monitoring Agent with respect to compliance by the Developer with the Limited Dividend Requirement and with respect to the initial sales of the Affordable Units with the Affordability Requirement. As provided in the Deed Rider with each Affordable Unit,the Monitoring Agent shall receive a Resale Fee of two and one-half percent (2.5%) of the product of the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier, to be paid by the seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring each subsequent sales transaction for compliance with the Resale Restrictions and the other terms of the Deed Rider. Such fee shall be payable for all transfers of Affordable Units, including those to an Eligible Purchaser or any other purchaser. If the Monitoringi 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. Neither MassHousing nor the Municipality shall have any responsibility for payment of any fee to Monitoring Agent hereunder. 3. Enforcement Services. In the event of serious or repeated violations of the substantative 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,with the priori consent of the Municipality (and, until the mortgage securing the MassHousing Loan is discharged, with the prior consent of MassHousing), to take appropriate enforcement action against the Developer, including,without limitation, 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 g en enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project,junior to the lien securing the MassHousing Loan, to securea ent of such fees and expenses. The P Ym p h Monitoring Agent ent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. In the event of a violation of the provisions of a Deed Rider,the Monitoring Agent shall have the right, with the prior consent of the Municipality, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, 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 fee) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit,junior to the lien of any institutional holder of a first mortgage on the unit to secure payment of such fees and expenses. The t Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from MassHousing or the Municipality in connection with the enforcement services under this Section, 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 the Developer. 4. Term. The monitoring services are to be provided for so long as there is any Affordable Unit subject to a Deed Rider containing the Resale Restrictions, or there is any Affordable Unit which is owned by the Municipality. The term of this Agreement shall end on the date six (6)months after the later to occur of the latest expiration date of the term of the Deed Rider attached to any of the Affordable Units or the date the Municipality no longer owns nay Affordable Unit. 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. Successor Monitoring Agent. Should the Monitoring Agent be dissolved or become incapable of fulfilling its obligations during the term of this Agreement, or if the Monitoring Agent consistently fails to exercise reasonable care and diligence in carrying out its responsibilities under this Agreement(any of the foregoing a "Termination Event"), the Municipality(with the consent of MassHousing) shall have the right to appoint a successor to serve as Monitoring Agent for the remaining term of this Agreement. If,within ninety(90) days after MassHousing receives notice of the occurrence of a Termination Event, the Municipality fails to appoint a successor monitoring agent, MassHousing shall promptly appoint a successor monitoring agent to serve as Monitoring Agent for the remaining term of this Agreement. 7. Indemnity. The Developer agrees to indemnify and hold harmless the Monitoring Agent, MassHousing and the Municipality against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent, MassHousing or the Municipality by reason of its relationship with the Project under this Agreement and not involving the Monitoring Agent, MassHousing or the Municipality acting in bad faith and with gross negligence. 8. Applicable Law. This Agreement, and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. 9. Binding Agreement. This Agreement shall be binding on the parties hereto, their heirs, executors,personal representatives, successors and assigns. 10. Headings. All paragraph headings in this Agreement are for the convenience of reference only and are not intended to qualify the meaning of the paragraph. 11. Third-Party Beneficiaries. MassHousing(for so long as the MassHousing Loan is outstanding) and the Municipality shall be entitled to enforce this Agreement and may rely on the benefits of this Agreement. 12. Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to the Project,whether oral or written, including without limitation, all correspondence between the parties and between counsel for their respective parties. This Agreement constitutes the sole and entire agreement between the parties hereto with respect to the subject transaction, and the rights, duties, and obligations of the parties with respect thereto. In executing this Agreement, the Monitoring Agent acknowledges that the Monitoring Agent is not relying on any statement, representation, warranty, covenant or agreement of any kind made by the Developer,MassHousing or the Municipality or any employee or agent of any of the foregoing, except for the agreements set forth herein. 13. Definitions. Any capitalized term used and not defined herein shall have the same meaning as set forth in the Regulatory Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written above. Highview,LLC i By: Title: Member Citizens Housing and Planning Association,Inc. By. Title: Town of North Andover By: Chairman, Zoning Board of Appeals Massachusetts Housing Finance Agency By: i I iL gg w MORRIS, ROSSI & HAYES ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER,MASSACHUSETTS 01810 MICHAEL W.MORRIS,SR. TELEPHONE(978)475-1300 LAURENCE J.ROSSI FAX(978)474-0478 DANIEL A.HAYES,JR.- E-Mail:MRH.ANDOVER@VERIZON.NET MELISSA MORRIS DANISCH" WAYNE F.SIMMONS,JR.- MICHAEL W.MORRIS,JR." JONATHAN J.ROSSI `Also admitted In NH October 19, 2005 VIA OVERNIGHT DELIVERY Phyllis Zinicola, Esq. Massachusetts Housing Finance Agency One Beacon Street Boston,MA 02108 Re: Highview,LLC—Regulatory Agreement and Deed Rider Waverly Road,North Andover,MA Dear Attorney Zinicola: Thank you for your continued assistance. I would appreciate your having the designated representative of the Mass Housing Finance Agency execute the enclosed Regulatory Agreement, Deed Rider and Monitoring Agreement for. the Highview, LLC Waverly Road Project. As stated previously, this is an eleven(11)unit project with three (3) affordable units which we have discussed over the past two months. The enclosed are the same agreements which were previously forwarded to you and were approved by the North Andover Zoning Board of Appeals for Meetinghouse Commons in North Andover. I would appreciate you returning them in the enclosed overnight package so I may forward to the North Andover Zoning Board of Appeals and CHAPA for signature. I will forward completed agreements as soon as I receive them from the Zoning Board and CHAPA. If you have any problems or questions,please do not hesitate to c mac I appreciate your significant efforts with this matter. `fes. Veryly yours, a s, Jr. DAH/lmc Enclose. cc: Mr. Russell Ahern, Member Mr. Robert Ahern, Member , REGULATORY AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects This Regulatory Agreement(this "Agreement") is made this day of October, 2005 by and between Highview, LLC, a Massachusetts limited liability company having an address at 1501 Main Street, Suite 47 Tewksbury Massachusetts 01876 ("Developer"), and Northmark Bank,N.A., 69 Park Street, Andover Massachusetts 01810 a member institution of the Federal Home Loan Bank of Boston(the `Bank") and the Massachusetts Housing Finance Agency ("Mass Housing"), One Beacon Street,Boston Massachusetts 02108. BACKGROUND: A. The Developer intends to construct an 11-unit homeownership development on a 1.40-acre site off Waverly Road in North Andover,Massachusetts,more particularly described in Exhibit A attached to and made apart of this Agreement(the"Project"); B. The Developer has received a comprehensive permit(the"Comprehensive Permit") from the Town of North Andover, by and through its Zoning Board of Appeals (the "Municipality") under Chapter 40B of the Massachusetts General Laws,which permit is recorded at the Essex North District Registry of Deeds in Book 9446, Page 58 (the"Registry"). C. The Comprehensive Permit has specified that 3 units, or 27.27 % 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 qualifying low or moderate income buyers pursuant to the Federal Home Loan Bank of Boston's New England Fund ("NEF")Program and Chapter 40B. 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 Lawrence, MA-NH PMSA 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 J y i q rement and compliance of the Developer with the Limited d Dividend Requirement. 1 G. The Affordable Units shall be specifically designated in the Master Deed establishing the Highview, LLC Condominium, which Master Deed shall be recorded at the Registry prior to occupancy of the Units. The Affordable Units shall be referred to as the Affordable Units in the Master Deed. H. The Municipality has agreed.to become the.holder,of the affordable housing restriction, as defined in M.G.L. c. 184, secs. 26, 31, 32 and 33, as approved by the Department of Housing and Community Development as evidenced herein. 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: 1. Unit Designation. The distribution of the Affordable Units by unit size shall be as set forth below: 2BR Number of Units 3 Units/Lots Nos. (at lease one must be the middle unit in the triplex) Initial Market Appraised Value $ 349,900.00 Initial Affordable Price(the initial $ 140,000.00 Certified Sale Price) The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the Base Income for a family of three would pay no more than 33%of gross income for the sum 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 condominium/ homeowner association fees. The Affordable Units shall be specifically designated in the Master Deed establishing the Waverly Oaks Condominium, which Master Deed shall be recorded at the Registry prior to occupancy of the Units. The Affordable Units are shall be referred to as the Affordable Units in the Master Deed. 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 income equal to or less than the Base Income as adjusted sted 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 Section 1 of this Agreement for that Affordable Unit, as the same may be adjusted by the Monitoring Agent consistent with the affordability i provisions set forth in this section and n Section 1 above. Subsequent sales of Affordable Units 2 r shall be for sale prices as determined by the Monitoring Agent under the definitions set forth in this section and in section 1 above as the same may be adjusted in accordance with DHCD guidelines(the"Maximum Sale Price"). 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 the unit owner at the time he/she desires to sell the Affordable Unit to notify the Monitoring Agent so that the Monitoring Agent can make a determination of the Maximum Resale Price. The owner of the Affordable Unit must thereafter offer the unit to the Municipality at the Maximum Resale Price. The Municipality may or may not exercise its right-of-first refusal at its sole discretion, 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 the Maximum Resale Price,provided 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 and as more clearly specified in the Deed Rider. 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 the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent reale of the Affordable Unit occurs during the period of affordability specified in this Agreement. 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 Costs and Income Statement"). If 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 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 fund to be expended by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. The Allowable Profit shall be measured as the excess of certified income, less any 3 brokerage fees and commissions and selling expenses over certified costs 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 costs include,but are not limited to,the cost of site acquisition, defined as that land value which can be underwritten by the Project and which can be supported by the subsidizing entity's appraisal upon which its construction loan is based. 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 as local and 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, the Municipality, and the Monitoring Agent evidence of such recording and/or filing. 7. Representations. The Developer 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 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. (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,cable has not violated Pp 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 g and marketable title to the Project ct 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. 4 t 8. Governing 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. In the event of any ambiguity or dispute as to the interpretation of any provisions in this Agreement,then this Agreement shall be interpreted in accordance with the generally accepted practices at the time of issuance of the project eligibility letter. 9. Monitoring Agent. The Developer shall retain CHAPA as the Monitoring Agent for purposes of monitoring Developer's performance under this Agreement pursuant to a Monitoring Services Agreement acceptable to the Monitoring Agent and 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. 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 party may from time to time designate by written notice with a copy to the Monitoring Agent: Developer: Highview, LLC 1501 Main Street, Suite 47 Tewksbury,MA 01876 Attn: Robert Ahern,Member Bank: Northmark Bank 69 Park Street Andover, MA 01810 Attn: Jane Walsh,President Municipality: Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover,Massachusetts 01845 Attn: Chairperson, Ellen P. McIntyre Monitoring Agent: Citizens Housing and Planning Association, Inc. 18 Tremont Street 5 Boston,Massachusetts 02108 Attention: Executive Director 11. Term. The term of this Agreement shall be that which is identified in the Comprehensive Permit'Decision,which ninety nine years or perpetuity, dated March 4,2005, as the same may be amended from time to time(the"Comprehensive Permit Decision') and shall terminate 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. The recording of a discharge of this Agreement executed by the Monitoring Agent shall evidence the end of the term of this Agreement. 12. Successors and Assigns. The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the 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 personal covenants of the Developer, and(iii) shall 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 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 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 this Agreement. The Bank and/or the FHLBB 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,nt and in the event of any action by the Monitoring Agent against the Developer,the MonitoringA shall be entitled t Agent S o seek an attachment against the g 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 of more certificates setting forth the amount of the costs and expenses due and owing in the Registry. A purchaser of the Project of 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 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 Agreement and that all such mortgagees have executed a consent or subordination to this Agreement which shall be recorded/filed herewith. 15. Affordable Housing Restriction. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing 6 restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33, subject to the conditions contained within the Deed Rider for each Affordable Unit. This Agreement is made for the benefit of the Municipality, and the Municipality shall be deemed to be the holder of the affordable housing restriction created by this Agreement. The Municipality has determined that the acquiring of such affordable housing restriction is in the public interest. Further, the Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Affordable Units at the Project pursuant to the requirements of this Agreement shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c. 184, §§ 26, 31, 32, and 33, subject to the conditions contained within the Deed Rider for each Affordable Unit. Such Resale Restrictions shall be for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. The Municipality has determined that the acquiring of such affordable housing restriction is in the public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be contained in each of the Deed Riders, the Director of the DHCD by the execution of the Certificate of Approval attached to and made a part of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Affordable Units of the Project as required by the provisions of G.L. c. 184, § 32. 16. 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. 17. Indemnification. 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 to the Project and under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. 18. Amendments. This Agreement shall not be amended without written consent of the Monitoring Agent and Zoning Board of Appeals. 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. DEVELOPER: BANK: HIGHVIEW, LLC NORTHMARK BANK By: By: Russell Ahern Its: Member Its: 7 COMMONWEALTH OF MASSACHUSETTS Essex, ss On this_day of , 2005, before me, the undersigned notary public, personally appeared Russell Ahern, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑ ersonall known to me or ❑ personally ra P Y sonall known p y wn to 3 party witness personally known to me, to be 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 Member, for Highview, LLC, a Limited Liability Company. Notary Public I II 8 COMMONWEALTH OF MASSACHUSETTS , ss On this—day of , 2005, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was 0 driver's license, 0 personally known to me, or 0 personally known to 3rd party witness personally known to me, to be 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 , for Northmark Bank. Notary Public i 9 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS We, the undersigned, being the majority of the Zoning Board of Appeals of the Town of North Andover, hereby certify that at a meeting held on the Zoning Board of Appeals voted to become the holder of the forgoing affordable housing restriction for each of the Affordable Units on behalf of the Town of North Andover for Waverly Oaks Comprehensive Permit Project pursuant to M.G.L. c.184, sec. 32 and as contemplated in Paragraph 15 of this Regulatory Agreement. Town of North Andover, By and through its Zoning Board of Appeals By: By: By: By: By: 10 COMMONWEALTH OF MASSACHUSETTS Essex, ss On this da of Y , 2005, before me, the undersigned not public, �'Y P , personally appeared , as a member of the North Andover Zoning Board of Appeals, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑ personally known to me, or❑ personally known to 3rd party witness personally known to me to be theerson whose hose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as members of the Town of North Andover Zoning Board of Appeals. Notary Public COMMONWEALTH OF MASSACHUSETTS i Essex, ss On this_day of , 2005,before me, the undersigned notary public, personally appeared as a member of the North Andover Zoning Board of Appeals, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑ personally known to me, or 0 personally known to 3rd party witness personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as members of the Town of North Andover Zoning Board of Appeals. Notary Public COMMONWEALTH OF MASSACHUSETTS Essex, ss On this _ day of , 2005, before me, the undersigned notary public, personally appeared , as a member of the North Andover Zoning Board of Appeals, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑personally known to me, or❑personally known to 3rd party witness personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as members of the Town of North Andover Zoning Board of Appeals. Notary Public 11 COMMONWEALTH OF MASSACHUSETTS Essex, ss On this _ day of , 2005, before me, the undersigned notary public, personally appeared , as a member of the North Andover Zoning Board of Appeals, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑ personally known to me, or❑personally known to 3rd party witness personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as members of the Town of North Andover Zoning Board of Appeals. Notary Public COMMONWEALTH OF MASSACHUSETTS Essex, ss On this_day of , 2005,before me, the undersigned notary public, personally appeared as a member of the North Andover Zoning Board of Appeals, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑personally known to me, or❑personally known to P party witness personally known to me, to be the person whose name is signed on therecedin P g or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as members of the Town of North Andover Zoning Board of Appeals. Notary Public i 12 MASSACHUSETTS HOUSING FINANCE AGENCY By: COMMONWEALTH OF MASSACHUSETTS On this—day of , 2005,before me, the undersigned notary public, personally appeared ,proved to me through satisfactory identification,which were and acknowlwedged the foregoing to be her free act and deed before me, to be the person whose name is signed on the preceding or attached documents, and acknowledged that she signed it voluntarily for the stated purpose. Notary Public 13 EXHIBIT A LEGAL DESCRIPTION A certain parcel of land shown as Lot X-1 on a"Plan of Land in North Andover,MA, for Highview, LLC, 1501 Main Street, Suite 47 Tewksbury,MA 01 876 dated September 5, 2003 and revised on September 15, 2004,which plan is recorded at North Essex Registry of Deeds as Plan No. Lot X-1 contains 1.40 acres or 61,104 square feet Being part of the premises conveyed to Highview,LLC by Deed recorded at Book 8931,Page 342. i 14 EXHIBIT B DEED RIDER For FHLBB New England Fund Ownership Project (annexed to and made part of that certain deed(the"Deed") From Highview, LLC ("Grantor") To ("Grantee") Dated . 200 WITNESSETH: WHEREAS, a comprehensive permit for land in the Town of North Andover, Massachusetts has been granted by the Town of North Andover,by and through its Zoning Board of Appeals (the"Municipality")under Chapter 40B of M.G.L. for the purpose for constructing 11 residential units(the"Project")comprised of 8 units to be sold by the Grantor at market rates, 3 units to be sold to households with low and moderate incomes in accordance with the terms androvision of the Regulatory p g ry Agreement by and between Highview, LLC (the "Developer") and Northmark Bank,N.A. (the`Bank"), as part of the New England Fund Program(the"Regulatory Agreement")which Regulatory Agreement is dated , 2005 ! and is recorded/filed with the Essex North District Registry of Deeds (the "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 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, eli ible purchasers such as the Grantee are given the opportunity to purchase certain property at an affordable price if the purchaser agrees to convey the property on resale to an eligible purchaser located by the 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 in the Deed to which this Deed Rider is attached("Property")to the Grantee at a consideration which is less than the appraised value of the Property; and i 15 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 the Municipality for the conveyance of the Property at an affordable price 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 benefit of and shall be enforceable by, the Grantor's assignees and designees, or the Monitoring Agent, or the Municipality, acting by and through its zoning board of appeals. 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 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 set forth the Maximum Resale Price of the Property and shall advise the Municipality of a ninety(90) 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. Within sixty(60) 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, an"eligible purchaser" shall mean a purchaser whose household income does not exceed the Base Income as defined in the Regulatory Agreement, and who, if located by the Municipality, is ready and willing to purchase the Property within ninety(90) days after the Grantee gives the Notice. (b) In the event that(i) the 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 Municipality's Notice within sixty(60) 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 for sale, as set forth below. The term diligent efforts shall mean A the placement z ( ) p of an advertisement m the real estate section of at least one(1)newspaper of general circulation for a period of three(3) consecutive 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 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, regardless of income, who may or may not qualify as an eligible purchaser ("Ineligible Purchaser"), at an amount that does not exceed the Maximum Resale Price. Upon request of the unit owner or grantee, the Municipality, acting by and through its Zoning Board of Appeals or its designee, shall issue to the unit owner or a third party a certificate in recordable form(the"Compliance Certificate") stating that the Municipality has elected not to exercise its I 16 right of first refusal hereunder. This Compliance Certificate may 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. The Property sold to an Ineligible Purchaser shall be subject to the continuing g obligations and restrictions contained in this deed rider, so that when the Property is resold b P Y Y the Ineligible Purchaser, the salerocedure outlined above must ust be followed by the selling Ineligible Purchaser,with the right of first refusal stated above 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 this deed rider. (c) In the event the Municipality,within said sixty(60) day period,notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's ipality's right of first refusal to purchase the Property(t he "Municipality's Notice"), 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 ninety9 ( 0) days of the date that the Notice is given or such further time as reasonably requested to arrange for details of the closing, or the Municipality may purchase the Property itself at a price not in excess of the Maximum Resale Price within ninety(90) days of the date that the Notice is given or such further time as reasonably requested to arrange for details of the closing, provided that the Municipality has timely provided the Municipality's Notice. If more than one 1 eligible purchaser O gi chaser is located b the Municipality,P y umcipahty,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 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 betterments assessed after the date of the Notice, iii provisions of local building Notice, (iii)r g 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 and Zoning Board of Appeals, (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 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 b written notice to the Grantee . Y at least five (5) days prior to the delivery of the deed, at such otherlace as the eligible gable 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 maybe, if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five (5) days 17 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 the end of the time period specified in subsection(a) above. (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 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 condi P Y tion 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 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: P Y , (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 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 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. I 18 (j) If the Municipality hfails to locate an eligible purchaser who purchases the Property within ninety(90) days (with any requested additional time for closing details as provided in subsection a above after the Notice is given, and t O ) g n, he Municipality does not purchase the Property during said period,the Grantee may convey the Property to any third party, regardless of income,who may or may not qualify as an eligible purchaser("Ineligible Purchaser"), at an amount that does not exceed the Maximum Resale Price. Upon request of the unit owner or grantee,the Municipality, acting by and through its Zoning Board of Appeals or its designee, shall issue to the unit owner or a third party a certificate in recordable form(the "Compliance Certificate") stating that the Municipality has elected not to exercise its right of first refusal hereunder. This Compliance Certificate may 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. The Property sold to an Ineligible Purchaser shall be subject to the continuing obligations and restrictions contained in this deed rider, so that when the Property is resold by the Ineligible Purchaser, the sale procedure outlined above must be followed by the selling Ineligible Purchaser, with the right of first refusal stated above 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 this deed rider. Moreover, upon the death of the owner of an Affordable Unit who is an Ineligible Purchaser, the Monitoring Agent(with the consent of the Zoning Board of Appeals) shall determine whether said Affordable Unit must be conveyed or transferred, consistent with current DHCD policy and practice, and if such conveyance or transfer is required,then it shall be occur only if it is in compliance with applicable fair housing laws and other applicable laws. 2. 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 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 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, shall not be in excess of the Maximum Resale Price for the Property. If the Property is conveyed to an eligible purchaser, a certificate(the"Eligible Purchaser Certificate") shall be obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate shall refer to the Property, the Grantee, the eligible purchaser thereof and the Maximum Resale Price therefore, and state that the proposed 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 Monitoring Agent. If the Property is 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 Price and state that the proposed conveyance, 19 sale or transfer of the Property to the Municipality is in compliance with the rights,restrictions, covenants and agreements contained in this Deed Rider. There also shall be recorded a new Deed Rider which Deed Rider shall be satisfactory in form and substance to the Monitoring Agent. If the Property is conveyed to a third party in accordance with Section 1, the Monitoring Agent shall execute and deliver an acceptance of the Compliance Certificate in accordance with Section 1; or, (b) pursuant to Sections 1(b) or 10), the Municipality, acting by and through its Zoning Board of Appeals or its designee, executes and delivers a Compliance Certificate as described in Section 1(b) or Section 10) for recording with the appropriate registry of deeds or registry district. (c) 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 Certificate 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 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. i (d) 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 information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. (e) Notwithstanding anything to the contrary contained in this Deed Rider, the 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 or recorded/filed with the Registry plus the costs of approved capital improvements and marketing expenses, as determined by the Monitoring Agent. (f) 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 not apply to a first mortgage granted in connection with this conveyance for a principal amount less than the price i 20 approved by the Monitoring Agent in the Eligible Purchaser Certificate, or the Municipal Purchase Certificate. Any rents,profits, or proceeds from any transaction which has not received the prior written consent of the Monitoring Agent shall be aid to and be the property of the Municipality for deposit into a fund for affordable housing. In the P event that the Monitoring g 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 Property 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 expended by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. 4. Rights of Mortgagees. (a) Notwithstanding anything in this Agreement and the Regulatory Agreement to the contrary,but subject to the next succeeding paragraph hereof, if the holder of record of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank,mortgage company, trust company, insurance company or other institutional lender or its successors or assigns (other than the Grantee or any person related to the Grantee b blood adoption, �° » y pion, or marriage an of the foregoing, a Related Part (any g g, 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, provided that the holder of such mortgage has given the Monitoring Agent and the Municipality not less than sixty(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure and P Y provided further that the principal amount secured by such mortgage did not exceed one hundred percent(100%) of the Maximum Resale Price calculated at the time of the granting of the mortgage(the"Permitted Indebtedness" then the rights a nd ), restrictions contained herein and in the Regulatory Agreement shall not apply to such holder upon such acquisition of the Property, any purchaser (other than an Interested Party) of the Property at a foreclosure sale conducted by such holder, or any purchaser(other than a Related Party) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions contained herein and in the Regulatory Agreement. The holder of Permitted Indebtedness is referred to herein as a "Permitted Mortgagee." (b) In the event such Permitted Mortgagee conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i) the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the Permitted Mortgagee is entitled to recover pursuant to the terms of the mortgage(the"Mortgage Satisfaction Amount"), and(ii)the Maximum Resale Price, such excess shall be paid to the Municipality in consideration of the loss of the Property as affordable housing, and if necessary, after a final judicial determination that the Municipality is entitled to such excess, the costs of such determination to be deducted from the excess prior to payment to the Municipality. To the extent the grantee possesses any interest iu any amount which would otherwise bePaY able to the 21 Municipality under this paragraph, to the fullest extent permissible by law, the Grantee hereby assigns its interest in such amount to such holder for payment to the Municipality. In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the Municipality shall consult with the Monitoring Agent, and the Maximum Resale Price shall be equal to the price as determined by the Monitoring Agent under the definitions set forth in Section 1 of this Rider. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be expended by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. (c) A Permitted Mortgagee shall notify the Monitoring Agent and the Municipality in the event of any default for which the Permitted Mortgagee intends to commence foreclosure proceedings,which notice shall be sent to the Monitoring Agent and the Municipality as set forth in Section 6 of this Deed Rider. No failure to notify the Monitoring Agent and the Municipality pursuant to the previous sentence shall impair the validity of the foreclosure. (d) The Grantee grants to the Municipality the right and option to purchase the Property upon receipt by the Municipality of notice in any form(including notice by newspaper publication deemed to be received on the date of publication) of an impending foreclosure against the Property. In the event the Municipality intends to exercise its option,the Municipality shall purchase the Property at a price equal to the greater of the Maximum Resale Price or the Mortgage Satisfaction Amount within sixty(60) days after receipt of such notice. The deed to the Municipality shall include a deed rider containing all of the rights and restrictions set forth in this Deed Rider and otherwise satisfactory in form and substance to the Monitoring Agent which the Municipality, as a condition to such purchase, agrees to annex to said deed. Any excess received by the Permitted Mortgagee over the Mortgage Satisfaction Amount shall be paid to the Grantee(provided, that in the event that such excess paid shall be so paid to the Grantee, the Grantee shall thereafter indemnify such Permitted Mortgagee against loss or damage to such Permitted Mortgagee resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such Permitted Mortgagee to the Grantee in accordance herewith,provided that such Permitted Mortgagee shall give the Grantee prompt notice of any such claim and shall not object to intervention by the Grantee in any proceeding relating thereto). 5. Covenants to Run With the Property. (a) The Grantor and the Grantee, for 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, 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 restrictions, covenants and 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 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 be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Monitoring Agent or 22 to the Municipality for enforcement of the restrictions,rights, covenants and agreements 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 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 Agency may seek an attachment against the Property. (b) This Deed Rider and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184,' § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33 and which shall be in perpetuity as defined in the Comprehensive Permit Decision, dated May 24, 2002, as amended and as the same may be amended from time to time(the"Comprehensive Permit Decision"), unless one of the following events occur: (i)the recording of an Eligible Purchaser Certificate, which includes a new deed rider both in a form and substance satisfactory to the Municipality; (ii) upon the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate in a form and substance satisfactory or as otherwise permitted by this deed rider or as otherwise permitted by law; or, (iii)upon the acquisition of 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 in accordance with Paragraph 4 above (collectively,the "Term"). This Deed Rider is made for the benefit of the Municipality, and the Municipality shall be deemed to be the holder of the affordable housing restriction created by this Deed Rider. The Municipality has determined that the acquiring of such affordable housing restriction is in the public interest. Further, the Resale Restrictions contained in this Deed Rider which shall encumber each of the Affordable Units at the Project shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c. 184, §§ 26, 31, 32, and 33 which shall be in perpetuity, subject to conditions described in this Deed Rider. Such Resale Restrictions shall be for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. The Municipality has determined that the acquiring of such affordable housing restriction is in the public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be contained in each of the Deed Riders, the Director of DHCD by the execution of the Certificate of Approval attached to and made a part of the Regulatory Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Affordable Units of the Project as required by the provisions of G.L. c. 184, § 32. (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, the Monitoring Agent, 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 23 I 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. (e) Notwithstanding any other provision in this Deed Rider, after the end of the Term(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 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. 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 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 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 at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Municipality: North Andover Zoning Board of Appeals 400 Osgood Street North Andover,Massachusetts 01845 Attention: Chairperson Grantor: Highview, LLC 1501 Main Street Suite 47 Tewksbury,MA 01876 Attn: Robert Ahern,Member 24 i Grantee: Massachusetts Housing Finance Agency Monitoring Agent: Citizens Housing and Planning Association, Inc. 18 Tremont Street Boston,Massachusetts 02108 Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 7. Further Assurances. The Grantee agrees from time to time, as may be 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. Nothing contained 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 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 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. 25 j Executed as a sealed instrument this day of 200 . GRANTOR: GRANTEE: Highview, LLC By: Russell Ahern Its: Member COMMONWEALTH OF MASSACHUSETTS ss On this_day of , 2005, before me, the undersigned notary public, personally appeared Russell Ahern, proved to me through satisfactory evidence of identification, which was ❑ driver's license, ❑ personally known to me, or ❑ personally known to Yd party witness personally known to me, to be 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 Hi view, LLC, a limited liability company. Notary Public COMMONWEALTH OF MASSACHUSETTS , ss On this—day of , 2005, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑driver's license, ❑personally known to me, or❑personally known to 3`a party witness personally known to me, to be 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 , LLC, a limited liability company. Notary Public 26 i 20. The final design plans shall show curbing where needed to direct runoff into the stormwater management system. The Marengo Street catch basins shall be located at the point of curvature (near contour sixty) of the driveway. 21. Final plans shall be submitted to include an operation and maintenance plan for the stormwater Y management system. g 22. Refer to notes on the November 24, 2004 plan for other construction standards and conditions. 23. The construction of Waverly Oaks need not be phased but must be completed two years after construction starts. 24. The Board of Appeals, pursuant to the authority contained in Massachusetts General Laws Chapter 40B, Section 21, hereby issues to the Applicant all of the locally obtainable permits needed to construct the Project, subject to the express terms and conditions of this Decision provided that the North Andover.DPW has reviewed and approved the technical aspects of any sewer connections, prior to the issuance of a building permit. Consequently, this will confirm that the Inspector of Buildings may rely upon this Decision in determining whether the Applicant has fulfilled the preconditions for obtaining building permits for the Project. Except for the express reservations contained in this Decision, the administration of the building permit process for the Project is to be conducted subject to (a)the state building code, (b) applicable state laws, (c) state permits and approval for which this Board can not and has not issued, and (d)the terms and provisions of this Decision. 25. All materials and building color shall be specified and submitted to the Building Commissioner and to the Zoning Board for final review prior to the issuance of a building pernut. 26. Final site improvement drawings shall be submitted to the Building Commissioner and to the Zoning Board for approval prior to a building permit. The site improvements sha etas but not be limited to the following: A. Ground mounted HVAC equipment shall be concealed. B. Provide lighting plan and details. 13 1 6. During construction, all local, state and federal laws and regulations shall be followed regarding noise, vibration, dust and blocking Town ways. At all times, the Applicant shall use reasonable means to minimize inconvenience to the residents in the area. 7. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 8. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including document number, or a book and page number shall be provided to the Building Commissioner. 9. Highview will be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The . Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. 10. A Certificate of Insurance, naming the Applicant as the named insured, which shall include coverage for general liability in an amount not less than $2,000,000.00, automobile liability, umbrella coverage, and Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of construction, including site 11. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions, or requirements of the Comprehensive Permit and the Building Commissioner is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 12. Prior to obtaining a building permit for construction of the townhouse units, the Applicant shall submit final construction drawings and a final site plan to the Building Commissioner for a review to assure general compliance with the "approved plans" as provided in the Massachusetts Comprehensive Permit Law. In the event that there are changes that the Building Commissioner considers substantial, the Commissioner shall submit them to the Board of Appeals for determination whether a substantial changes does in fact exist (in accordance with section A-1 above). 13. The Applicant shall not be permitted to commence c ction of the townhouse units until such time as the Applicant h li pp as de vere a draft opy of a Regulatory Agreement and Deed Rider to the Building Co 'ss' er. j- 9 DD ��� I ve., iV ➢ 1 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 Organization of Unit Owners and the Rules and Regulations of the Condominium; and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development (DHCD). To the extent permitted by federal and Massachusetts law, residents of the Town of North Andover are to be granted a local preference for the initial sale and subsequent resales of affordable units. In no case shall local preference be granted for more than two (2) of the affordable units. The Applicant shall work with the Town of North Andover toward this goal. 4:1 The Applicant has agreed to hire as outside monitoring agent, Citizens' Housing and Planning Association(CHAPA). CHAPA will utilize best efforts to keep local. preferences in perpetuity or for ninety-nine years whatever period is longer as allowed by law. 5. All of the units in the Project that are designated as"affordable" shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development. The affordable units shall be indistinguishable from market rate units in the Project from the exterior. A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. 6. Waverly Oaks will have scheduled private curbside trash pickup. 7. There shall be one driveway for the condominium units to the site as shown on the final revised site plan. 8. The applicant shall supply and verify the fire hydrant locations in a manner satisfactory with the North Andover Fire Department. 9. There shall be residential sprinkler and other fire protection systems as required by the North Andover Fire Department. Fire resistant siding shall be used on the west face of building#4 and#5. 11 r - t MERRIMACK ENGINEERING SERVICES, INC, PROFESSIONAL ENGINEERS 0 LAND SURVEYORS 0 PLANNERS 66 PARK STREET•ANDOVER,MASSACHUSETTS 01810•TEL(978)475-3555,373-5721 •FAX(978)475-1448•E-MAIL:merreng@aol.com September 15, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 Members of the Board; Please be advised that Highview LLC intends to begin construction of the Waverly Oaks Development on September 23,2005. Please contact me should you have questions or comments. Very yo s, ME E GIN G SERVICES Step n s ', L.S. Project Co di for cd cc: Attorney Daniel Hayes Highview LLC IJI r , .-• qy Highview LLC 1501 Main Street Unit 47 Tewksbury, MA 01876 (978) 851-3048 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: Waverly Oaks North Andover, MA Members of the Board: Regarding the subject and condition#10, page 9 of the decision, please be advised that the developer will forward you a copy of the General Liability Insurance policy but we will not be providing Workmens Compensation Insurance. That insurance coverage is being provided by the individual subcontractors and the developer will obtain certificates of insurance from each subcontractor and keep them in a file and will provide copies to the Zoning Board if requested. Please contact me should you have questions or comments. V e ty yo s, t HI s tW, Rus e rn t��Jrn F BK 9446 PG 5 Y:�,a,�crsrtlty tnat tdment,tzo)dao Town of North Andoverhave a sate of dedeton,fired waa8� wttt�olat ftl6ing � t: _ ,�,� Office of the Zoning-Board of Appeals o �y«m VA Community Development end Services Divis $; a Joyce Towreo .. 4(X)Osgood Street • s • . arse.. .. o G. Robert�+icetta North Andover, 'vtassdcltusetts()1845 ,°"�••��' s�lcwuSs4 Building Commissioner r Telephone (978)688-9541 Fax (978)688-9542 ATTEST: Any appeal shall.be filed within Notice of Decision A'°'rue Copy (20)days after the date of filing Year2005 , o of this notice in the office o€the Town Clerk,Per-Mass.Gear.L.ch. Town Clerk 401117 at: Wave ft< al LNADME, Ii hvie ,.LLC;1501 lVlsin Stroet—Stade 47STewksbury,MA 01876,for premises at: ) �' 5epte..' r2l, WaverBe R®ad l�iovettdber 9,Icember 14, SS. for ecnises at: Wsveerl d 2 !dt Ja®ate 13;2005 PRTITIONs 2004-011 I�iorth Andover,MA 01845 Tl?Pii1G DATE: Ivlarct ,201)5 The North Andover Board of APPeels held one public hearing in five regular sessions and two special under advisement sessions for the Town Boards and for Citizens'input. The public heariica 13,2005 and the decision was taken at the second g was concluded on January in the Town Hall, 120 Main Street,North Ani on the session,They,ggae 3 of IdIaa'dt,2005 at 5:00� LLC, 1501 Main Street—Suite 47,Tew+ks �.a Comprehensive Permit,L7{ lrI b bury,ASA 01876,for premises at: Waverley Raid(NUP 22,Piercels l:�25),I�OTtfl Andover,MA. This apphcatPotl is paersuant to MGL Ch .. Comprehensive Permit for the construction of 16 condominium housing units Section 2l for a will be affordable. 8 (Waverly Oaks)of which 25% The said premises aBWW are proputy with frontage on the Westside of Waverley Road within the R-4 district. Legal notices were published in the Eagle Tribune on April MUM 26 lvlay 3,2004,and an abutters werZ - notified. The following voting members were present: Richard J.Byers. John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Ellen P.Mcintyre and seconded by John AS Palione,the Board voted to GRANT e :th Applicant the Comprehensive Permit pursuant to MfiLons which 27.5%or 3 units will be affordable,on the conditionat the 1?eecl leader and tlae0-23 for l 1 housing units of shall be provided,per the final draft stamped Mar 3—2005 and the followinglady Agreement � prelin mary.plens: ® . Plan Titled: Site Development Plan Waverly Oaks in North Andover,MA - Owner: Flighview,LLC 1501 Main Street-Suite 47 Tewksbury,MA 01876 Prepared by: Merrimack Engineering Senicaes 66 Park Street Andover,MA 01810 �� September 5,2003,Rev:November 24,2004 Pagel of 2 Burd of Appeals 978.688-9541 Building 978-688-9545 Conservation 978-688-9530 fleatlh 978-688-95.10 Planning 978-688-9535 1 I I J e �