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December 28, 2010
Town of North Andover
Attn.: Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
0 ;W i Al
NE
RE: Irrevocable Standby Letter of Credit Number 19549.
Comprehensive Permit — Orchard Village Subdivision
off Turnpike Street and Chestnut Street
Dear Zoning Board Members:
By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable
Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to
the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals
("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts
01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee
completion of the subdivision roadway and associated utility and infrastructure improvements in
accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard
Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E
(the "Subdivision Plan'). Said subdivision concerns land located at Chestnut Street and Turnpike
Street, North Andover, MA Tax Map I07C, Lots 18 & 112.
It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown
on the Subdivision Plan guaranteed by this letter are not completed or substitute security under
G.L. c, 41, s. 8 1 U acceptable to the Board has not been provided by the Developer, by August 13,
2012 then this letter of credit may be called by notice of same given to the Bank by the Board and
without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in
the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North
Andover. This letter of credit and any funds paid hereunder constitute the Developer's
performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are
governed thereby.
We hereby agree with you that drafts drawn by notice given under and in compliance with the
above terms of this Letter of Credit will be duly honored if presented to the above-mentioned
Drawee bank until receipt of confirmation from the Board that all work has been completed in
accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon
sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk
and Zoning Board of Appeals, provided that such written notice of expiration shall be given no
earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November
13, 2012.
8 High Street, Andover, MA 01810 • Phone: 978-623-3399 o Fax: 978-62.3-3334 . www.EnterpriseBanking.com
Page 2
Letter of Credit
Orchard Village LLC
Town of North Andover
Dated: December 28, 2010
MArleii P. Hoyt, Senior Vice P sident
I have read this Letter of Credit and agree to its terms.
�a� � 0Y � ��" eA
Obert A. Messina, Manager of Orchard
Village LLC and Individually
AHr dl. Vrrisi, Manager of Orchard
Village, LLC & Individually
Marylee 94essina, President & Treasurer of
Messina Development Company, Inc &
Individually
JT v stlWnts, LLC, Alfred J. Torrisi-Manager
rA.
Couinunity Housing Inc.
Your Local Resource for Affordable Housing
Subsidiary of CTI
Date: 1/14/11
Zoning Board of Appeals Chair
Town of North Andover
1600 Osgood Street
Building 20 Suite 2-36
North Andover, MA, 01845
Dear Chair Person,
OC C�Ga�Ii�.
JAN 2 1 2011
BOARD OF APPEALS
Community Housing Inc. (CHI) has served as the monitoring agency for the new project Orchard
Village in North Andover, MA. This letter is to report on the monitoring activities that we have
completed in 2010.
As the monitoring agency, CHI did the following:
1. Reviewed and approved the marketing and lottery plan and determined that Lottery
Agent, the lottery consultant, met the affirmative marketing requirements.
2. Oversaw the lottery process.
3. Verified that applicants for the affordable units had household income that was at or
below 80% of the area median income, as established by HUD, for Town, and had assets
within the established limit. The final decision will be determined in 2011.
If you have any questions about this letter, or about the cost certification report, please feel free to
contact me at CHI at (978) 596-0028 Ext. 107.
Sincer y
Avi Glaser
167 Dutton Street, Lowell, MA, 01852. Tel: 978-596-0028 Ex. 107. Fax: 978-596-0051
E:mail: aglaser@comteam.org
Ciofolo, Angela
From:
Brc
Sent:
TuE
To:
Cio
Subject:
FW
Attachments:
irre
40�
CgeraW A. Brown � s�S
Inspector of Buildings
Building Department - JAN _ 4 2011
Town of North Andover
1600 Osgood Street
Building 20, South; Suite 2-36
North Andover, MA 01845
From: Carol McGravey Imailto:chm@uf-law.coml
Sent: Monday, January 03, 20114:20 PM
To: Brown, Gerald
Subject: FW: Orchard Village Letter of Credit attached.
Gerry,
BOAR® OF APPEALS
have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last
month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let
me know.
Carol McGravey
From: Don Borenstein jmailto:DonCabjbllclaw.coml
Sent: Monday, January 03, 20119:50 AM
To: Carol McGravey
Cc: Brown, Gerald; RobtMessina(cbaol.com; Torrisi, AI
Subject: FW: Orchard Village Letter of Credit attached.
Carol,
I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry
Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review
the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot.Release? I'd like to go by
his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as
we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead,
with final formatting, etc.
Any questions, plese call. Thanks and happy new year!
Regards,
Ciofolo, Angela
From: Brown, Gerald
Sent: Tuesday, January 04, 20111:41 PM
To: Ciofolo, Angela
Subject: FW: Orchard Village Letter of Credit attached.
Attachments: irrevocable letter of credit.pdf
geraCdA. Brown
Inspector of Buildings
Building Department
Town of North Andover
1600 Osgood Street
Building 20, South; Suite 2-36
North Andover, MA 01845
From: Carol McGravey jmailto:chm(ftf-law.coml
Sent: Monday, January 03, 20114:20 PM
To: Brown, Gerald
Subject: FW: Orchard Village Letter of Credit attached.
Gerry,
JAN 4 2011 tl
BOARD OF APPEALS
I have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last
month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let
me know.
Carol McGravey
From: Don Borenstein jmailto:Don (a)jbllclaw.coml
Sent: Monday, January 03, 20119:50 AM
To: Carol McGravey
Cc: Brown, Gerald; RobtMessinaCa)aol.com; Torrisi, Al
Subject: FW: Orchard Village Letter of Credit attached.
Carol,
I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry
Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review
the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot -Release? I'd like to go by
his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as
we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead,
with final formatting, etc.
Any questions, plese call. Thanks and happy new year!
Regards,
Enterprise
December 28, 2010
Town of North Andover D [ ( 0 d 19.
!
Attn.: Zoning Board of Appeals I
120 Main Street
North Andover, MA 01845 JAN 4 LU'I I
®OAR® OF APPEALS
RE: Irrevocable Standby Letter of Credit Number 19549.
Comprehensive Permit — Orchard Village Subdivision
off Turnpike Street and Chestnut Street
Dear Zoning Board Members:
By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable
Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to
the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals
("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts
01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee
completion of the subdivision roadway and associated utility and infrastructure improvements in
accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard
Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E
(the "Subdivision Plan'). Said subdivision concerns land located at Chestnut Street and Turnpike
Street, North Andover, MA Tax Mapl07C, Lots 18 & 112.
It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown
on the Subdivision Plan guaranteed by this letter are not completed or substitute security under
G.L. c, 41, s. 81U acceptable to the Board has not been provided by the Developer, by August 13,
2012 then this letter of credit may be called by notice of same given to the Bank by the Board and
without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in
the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North
Andover. This letter of credit and any funds paid hereunder constitute the Developer's
performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are
governed thereby.
We hereby agree with you that drafts drawn by notice given under and in compliance with the
above terms of this Letter of Credit will be duly honored if presented to the above-mentioned
Drawee bank until receipt of confirmation from the Board that all work has been completed in
accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon
sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk
and Zoning Board of Appeals, provided that such written notice of expiration shall be given no
earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November
13, 2012.
8 High Street, Andover, MA 01810 o Phone: 978-623-3399 a Fax: 97R-6PR :.q.q.Ra 0 %AAAPA! Fnf0-0on RonL7
Page 2
Letter of Credit
Orchard Village LLC
Town of North Andover
Dated: December 28, 2010
M le P. Hoyt, Senior Vice P sident
I have read this Letter of Credit and agree to its terms.
lob�eFAA- UMessinaWManager of Orchard
Village LLC and Individually
*fr rrisi, Manager of Orchard
Village, LLC & Individually
Marylee Messina, President & Treasurer of
Messina Development Company, Inc &
Individually
;��. A
MJTVstnts,LC, Alfred J. Torrisi-Manager
A
Doi== 1 02 r 424 01-10-2011
JAN 19 2011 Essex North Land Court Resistry
BOARD OF APPEALS FORM J
LOT RELEASE FORM
The undersigned being a majority of the Zoning Board of Appeals of the Town of North
Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as
the Comprehensive Permit granting authority under G.L, c. 40B, §§ 21-23, hereby certify
that the requirements for work on the ground called for by the Comprehensive Permit
dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book
11427, Page 192, as affected by an Amendment to Comprehensive Permit dated
December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as
Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a
Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in
North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009, and filed with the Land Registration Office of the Land Court as
Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the
satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on
said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the
Board, in the form of a letter of credit, has been posted by the developer with the Board
pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the
restrictions as to sale and building specified thereon and released from the Form I
Covenant dated August 13, 2009, registered as document number 99463 and as document
number 99465.
Lots designated on said Definitive Subdivision Plan and released hereby are as follows:
Lot S ,Lot I q ,Lot -L, Lot I S , Lot z Z , Lot Z3 , and Lot Z5 .
I hereby certify that lot numbers 1 22 on said
Definitive Subdivision Plan do conform to layout as shown on said Definitive
Subdivision Plan.
Registered Land rveyor
1 vMajority Of
+ rc o The Zoning Board of Appeals
f The
Town of
North Andover
2=17
4
COMMONWEALTH OF MASSACHUSETTS
S_5eX County, ss: December j!j—, 2010
Then personally appeared Abuk RM 0, -M i, Z , who proved to me
through satisfactory evidence of identification, which was ❑ photographic identification
with signature issued by a federal or state governmental agency, ❑ oath or affirmation of
a credible witness, N personal knowledge of the undersigned, the above-named member
of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged
the foregoing instrument to be the free act and deed of said Zoning Board of Appeals
acting as the North Andover Planning Board in its capacity as the Comprehensive Permit
granting authority under G.L. c.40B, §§ 21-23, before me,
Notary Public:
My Commission Expires: CoI91201$.
4k
�s7j .1•fJ:F1Cia Lj's
;�! •yac. � GjGlt'• Com,,
U
V.
JOHNSON&
BORENSTEIN, LLC
ATTORNEYS AT LAW
12 Chestnut Street
Andover, MA 01810-3706
Tel: 978-475-4488
Fax: 978-475-6703
www.jbllclaw.com
don@jbllclaw.com
April 25, 2011
North Andover Zoning Board
ATTN: Angela Ciofolo
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
`�`��.
APR 2 6 2011
�..ns�n ter- nnn�Ai c
Mark B. Johnson (MA, NH, Dc)
Donald F. Borenstein (MA, ME, NH)
Kristine M. Sheehy (MA)
Denise A. Brogna (MA, CA)
Kathryn M. Morin (MA, NH, ME)
Lorri Gill Covitz (MA)
Leslie C. Carey (MA, RI)
Michael A. Klass (MA, NH)
Re: Applicant: Orchard Village LLC
Property: 1001 and L-2 Turnpike Street
Original Filing Date: February 28, 2007
Decision Date: June 24, 2008 (filed with Town Clerk on 7/2/08)
Amended Decision Date: December 9, 2008
Dear Ms. Ciofolo:
Paralegals
Karen L. Bussell
Danielle R. Corey
Melanie J. O'Connell
Enclosed please find a recorded copy of the Form J Lot Release Form with regard to the
above -referenced matter.
Very truly yours,
JOHNSON & BORENSTEIN, LLC
D: --n a_Q � 4. &U_� ) �)*
Donald F. Borenstein
DFB/mbf
Enclosure
Cc: Gerald Brown, N.A. Building Inspector
Orchard Village, LLC
Dor : 103:O77 04---25-2011 1:14
Essex North Land Court Rpsistrs
FORM J
LOT RELEASE FORM
The undersigned being a majority of the Zoning Board of Appeals of the Town of North
Andover, MA ("Board'), acting as the North Andover Planning Board in its capacity as
the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify.
that the requirements for work on the ground called for by the Comprehensive Permit
dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book
11427, Page 192, as affected by an Amendment to Comprehensive Permit dated
December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as
Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a
Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in
North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last
revised une 9, 2009, and filed with the Land Registration Jffice ofthe Land Court as
Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the
satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on
said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the
Board, in the form of a letter of credit, has been posted by the developer with the Board
pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the
restrictions as to sale and building specified thereon and released from the Form I
Covenant dated August 13, 2009, registered as document number 99463 and as document
number 99465.
Lots designated on said Definitive Subdivision Plan and released hereby are as follows:
Lot 3, Lot 10, Lot 15, Lot 19, Lot 21, Lot 24, and Lot 35*
* a/k/a Lot 1 on an unregistered subdivision plan as approved and on file with the North
Andover Zoning Board of Appeals
Majority Of
The Zoning Board of Appeals
Of The
Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
�
5S2x County, ss:
r` 2011
Then personally appeared k(b z . m , —_q, ' ,
who proved to me through satisfactory evidence of identification, which was ❑
photographic identification with signature issued by a federal or state governmental
agency, ❑ oath or afErrnatior. of a credible witness, ® personal knowledge of the
undersigned, the above-named member of the Zoning Board of Appeals of the Town of
North Andover, MA, and acknowledged the foregoing instrument to be the free act and
deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its
capacity as the Comprehensive Permit granting authority under G.L. c.40B, §§ 21-23,
before me,
,�iNsxlar
Notary Public:
%�oi�i; .,'pE► My Commission Expires:
6 3
:�� • nR��
i an i coU
i�f
Ciofolo, Angela
From: Brown, Gerald
Sent: Tuesday, January 04, 20111:41 PM
To: Ciofolo, Angela
Subject: FW: Orchard Village Letter of Credit attached.
Attachments: irrevocable letter of credit.pdf
GerakCA. Brown
Inspector of Bui0ings
Building Department
Town of North Andover
1600 Osgood Street
Building 20, South; Suite 2-36
North Andover, MA 01845
From: Carol McGravey fmailto:chm(a)uf-law.coml
Sent: Monday, January 03, 20114:20 PM
To: Brown, Gerald
Subject: FW: Orchard Village Letter of Credit attached.
Gerry,
JAN 4 2011
BOARD OF APPEALS
have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last
month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let
me know.
Carol McGravey
From: Don Borenstein [mailto:Don@jbllclaw.coml
Sent: Monday, January 03, 20119:50 AM
To: Carol McGravey
Cc: Brown, Gerald; RobtMessina(abaol.com; Torrisi, AI
Subject: FW: Orchard Village Letter of Credit attached.
Carol,
I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry
Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review
the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot.Release? I'd like to go by
his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as
we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead,
with final formatting, etc.
Any questions, plese call. Thanks and happy new year!
Regards,
Enterprise
December 28, 2010 rp
ank
Town of North Andover D [E a W ig
Attn.: Zoning Board of Appeals ,
120 Main Street
North Andover, MA 01845 JAN ^ 4 Lu'l I
®OAR® OF APPEALS
RE: Irrevocable Standby Letter of Credit Number 19549.
Comprehensive Permit — Orchard Village Subdivision
off Turnpike Street and Chestnut Street
Dear Zoning Board Members:
By this document, Enterprise Bank and Trust (hereinafter "issuer') hereby issues this Irrevocable
Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to
the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals
("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts
01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee
completion of the subdivision roadway and associated utility and infrastructure improvements in
accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard
Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E
(the "Subdivision Plan"). Said subdivision concerns land located at Chestnut Street and Turnpike
Street, North Andover, MA Tax Map 107C, Lots 18 & 112.
It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown
on the Subdivision Plan guaranteed by this letter are not completed or substitute security under
G.L. c, 41, s. 81U acceptable to the Board has not been provided by the Developer, by August 13,
2012 then this letter of credit may be called by notice of same given to the Bank by the Board and
without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in
the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North
Andover. This letter of credit and any funds paid hereunder constitute the Developer's
performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are
governed thereby.
We hereby agree with you that drafts drawn by notice given under and in compliance with the
above terms of this Letter of Credit will be duly honored if presented to the above-mentioned
Drawee bank until receipt of confirmation from the Board that all work has been completed in
accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon
sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk
and Zoning Board of Appeals, provided that such written notice of expiration shall be given no
earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November
13, 2012.
Page 2
Letter of Credit
Orchard Village LLC
Town of North Andover
Dated: December 28, 2010
M le P. Hoyt, Senior Vice P sident
I have read this Letter of Credit and agree to its terms.
AobertA. Messina, Manager of Orchard
Village LLC and Individuallv
, &'risi, Manager of Orchard
LLC & Individually
Marylee essma, President & Treasurer of
Messina Development Company, Inc &
Individually
WstLC, Alfred J. Torrisi-Manager
DOC:102r424 01-10-2411 2-17
JAN 19 2011 Essex. #north Land Court Resistrs
BOARD OF APPEALS FORM J
LOT RELEASE FORM
The undersigned being a majority of the Zoning Board of Appeals of the Town of North
Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as
the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify
that the requirements for work on the ground called for by the Comprehensive Permit
dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book
11427, Page 192, as affected by an Amendment to Comprehensive Permit dated
December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as
Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a
Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in
North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009, and filed with the Land Registration Office of the Land Court as
Plan No. 18083E ("Definitive Subdivision Pian"), have been completed to the
satisfaction of the Zoning Board of Appeals as to the following enumerated tots shown on
said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the
Board, in the form of a letter of credit, has been posted by the developer with the Board
pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the
restrictions as to sale and building specified thereon and released from the Form T
Covenant dated August 13, 2009, registered as document number 99463 and as document
number 99465.
Lots designated on said Definitive Subdivision Plan and released hereby are as follows:
Lot 9 , Lot 1 q , Lot -]-, Lot (g , Lot z Z_, Lot Z3 , and Lot Z 5 .
I hereby certify that lot numbers _5,114,, �22 a aN on said
Definitive Subdivision Plan do conform to layout as shown on said Definitive
Subdivision Plan.
6
Registered Lan urveyor
amymajority Of
r� o The Zoning Board of Appeals
�f The
- Town of
North Andover
COMMONWEALTH Or MASSACHUSETTS
C-55ex County, ss:
December, 2010
Then personally appeared AbuR Mav►,; , z , who proved to me
through satisfactory evidence of identification, which was [] photographic identification
with signature issued by a federal or state governmental agency, ❑ oath or affirmation of
a credible witness, personal knowledge of the undersigned, the above-named member
of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged
the foregoing instrument to be the free act and deed of said Zoning Board of Appeals
acting as the North Andover Planning Board in its capacity as the Comprehensive Permit
granting authority under G.L, c.40B, §§ 21-23, before me,
,�MtlNNryIM�
0E E�pt�1i'� My Commission Expires: 60191201 -
"p11I ItIto toq
INN
`nS��a4 � yG`�;• ��;
'''7:1A3v4 u
tJ
Change #2 -
Delete Exhibit B to the Decision in its entirety and replace with the
following:
Exhibit B
Table of Housing Unit Styles
Unit St le
Area
Bedrooms
Bathrooms
Gara cLe
Model A:
1761 s.f.
3
2 & 1/2
2 -car, attached
Model B:
1500 s.f.
3
2 & 1/2
2 -car, attached
Model C:
1500 s.f.
3
2 & 1/2
2 -car, attached
Model D:
1637 s.f.
3
2 & 1/2
2 -car,
under
Model E:
2453 s.f.
4
2 & 112
2 -car, attached
Model F:
2230 s.f,
3
2 & 112
2 -car, attached
Model G:
1946 s.f.
3
2 & 1/2
2 -car, attached
Model H:
2180 s.f.
4
2 & 1/2
2 -car, attached
Model I:
2196 s.f.
3
2 & 1/2
2 -car,
under
Change #3
Delete Condition # 10, subparagraph d at page 11 of 21 in its entirety and
replace with the following:
10.d Final specifications and plans of fencing and landscape screening for a
buffer designed to compensate for reduced set backs shall be incorporated in the
Final Plans to be subject to final approval by the Board pursuant to Condition # 9
of this Decision.
Change #4 -
Delete Condition # 20, subparagraph a at page 13 of 21 and replace with the
following:
4
20.a. an estimate of the cost to complete the work prepared by the Town's DPW
or the Board's engineering consultant, Hancock Engineering; plus
Delete the following phrase from Condition # 21, subparagraph b at page 13
of 21:
21.b. DELETE "as liquidated damages".
Change#5-
Delete the second sentence from Condition # 28, at page 15 of 21 and
replace with the following:
28. REPLACE SECOND SENTENCE WITH, "Sewer lines shall terminate at
the center of the intersection of the proposed subdivision .roadway and Chestnut
Street and allow for the potential future connection thereto by the Town and area
residents."
Change #6 -
Delete the third sentence from Condition # 28, at page 15 of 21:
28. REPLACE THIRD AND FOURTH SENTENCES WITH, "The Applicant
shall alter its water main design for the Project to be consistent with the
requested improvements set forth in the letter from Tim Willet, North Andover
Water and Sewer Superintendent with attached water booster pump station
minimum Specifications, dated November 20, 2008, attached hereto. This shall
be reflected in the Final Plans to be prepared by the Applicant and approved by
the Board pursuant to Condition # 9 of this Decision. Prior to the construction of
the water booster pump station, the Final Plans for construction of that station
shall be approved by the Department of Public Works. Unless and until accepted
by the Town, a.) the Development's water, stormwater and sewer utilities and
infrastructure shall remain the property of the Applicant and/or a private
association of the owners of the lots within the Development; b.) the maintenance
of the water booster pump station and related improvements shall be the
responsibility of the Applicant and landowners in the Orchard Village project; and
c.) any tie-in or use of the Development's water, stormwater and sewer utilities
and infrastructure shall be at the option and discretion of the Applicant. The
Applicant's discretion to allow tie-ins to the Development's infrastructure by
property located outside of the Development shall cease two years after the
issuance of the first residential occupancy permit for the Development. Following
public acceptance of the Development's water, stormwater and sewer utilities
and infrastructure, maintenance and control of same shall be in the public
authority accepting same, in the manner usual and customary for conventional
definitive subdivisions in the Town of North Andover.
3
Prior to any construction activities on the site, all documents pertaining to
the maintenance of the detention basin and water booster pump, including a
homeowners association declaration, shall be submitted to the Board's
consulting engineer, Town Engineer, and Town Counsel for review prior to being
submitted to the Board for its review and approval prior to recording at the
Registry of Deeds by the Applicant. These documents or covenants shall
provide, unless and until the storm water drainage facility and water booster
pump station are accepted by the Town, for a.) private maintenance and upkeep
of the storm water drainage facility and water booster pump station; (b) shall
provide for the establishment of an account in which the minimum sum, as
determined by the Board and based on the recommendation of the Town
Engineer or the Board's peer review consultant; shall be deposited and kept for
the sole purpose of maintenance, repair and/or restoration of said storm water
drainage facility and water booster pump station; (c) shall provide for the terms
and method of assessments; (d) shall provide for the method of drawing on such
funds; (e) shall indemnify the Town from any responsibility or liability for
maintenance and operation of those facilities unless and until publicly accepted;
(f) shall further provide that the Town will be reimbursed for any expenses
incurred in the event the Town is required to perform any work in or on the storm
water drainage facility or water booster pump station in order to ensure their
proper operation and functioning prior to public acceptance, and (g) in the latter
event the Town shall have the right to employ and enforce any procedure
allowed to it under law in order to secure such reimbursement. The amount
deposited under sub -paragraph (b) hereof shall be reflected and credited in the
amount of any performance bond posted for the Development and shall be
released to the Applicant upon public acceptance of those facilities. The
Applicant may submit the components of the Development's infrastructure to the
Town for public acceptance separately and/or in phases, e.g.; the water system
and booster pump station and Parcel A, sewer main, storm -water drainage
system, and roadway. It is expected that the water system and booster pump
station component will be submitted and considered for public acceptance as a
separate component shortly after it becomes operational and before the roadway
is complete and ready for public acceptance. In that event, the Applicant shall
offer the pump station lot a/k/a Parcel A in fee with an easement for the water
mains to be in effect unless and until the roadways are publicly accepted in fee."
Change #7 -
Delete Condition # 31, at page 15 of 21 in its entirety:
31. DELETE.
Ell
Change #8 -
Delete and replace sections entitled "Zoning Bylaws" 7.1.2, & 7.3 of the
table entitled, "Orchard Village LLC - Exhibit A, Waivers from the North
Andover Bylaws and Regulations", at pages 18 of 21 and 19 of 21, with the
following and insert the following footnotes to said table:
7.1 Lot Area
180,000 s.f.
15,200
s.f.
7.3 — Yards
j
Minimum f=ront Yard
j150 ft. (100 ft. along Rt.
114)6
ft. * (45 ft. along Rt. 114*)
j
ranted
iMinimum Side Yard
50 ft. (100 ft. abutting
10 ft.
1
lresidential district)
Granted
Minimum Rear Yard
150 ft. (100 ft. along Rt.
11 4)
0 ft.
Granted
I
* ThP minimiim front and rear yards shall be reduced
to 15 ft. for exterior decks, stairs,
landings, balconies, covered and uncovered porches, and bay windows. This note does
not apply to the set back from Rt. 114, for which there shall be a reduced set back of 35
ft. for such features. The dimensional requirements of the Zoning Bylaws shall not apply
to Parcel A *(the water pump station parcel) and the set backs for Parcel A shall be as
shown on the Plan of Lots dated November 12, 2008, attached hereto.
** The project will consist of 32 building lots, no further subdivision resulting in an
increase in the number of building lots shall be permitted.
*** There shall be an increased minimum rear yard set back of 35 feet for Lots 18 — 21
and Lots 29 — 31, except the rear yard set back on said lots shall be reduced to 30 feet
for exterior decks, stairs, landings, balconies, covered and uncovered porches, and bay
windows.
Change #9 -
Insert section entitled "Subdivision Regulations" 6.8.9 in the table entitled,
"Orchard Village LLC - Exhibit A, Waivers from the North Andover Bylaws
and Regulations", at pages 17 of 21, as follows:
8.9 Intersections, para. 1,1150 ft. 1125 ft.
sentence 3. Street
5
Intersectionjogs j I
Change #10 -
Insert the following plan
in the table of the plans of record at Condition #1
on Page 6 of 21,
IPhilip G. Christiansen,
;Sheet 1 of 1, Preliminary November 12, 2008 I
IIR.P. Civil Engineer
0 B Subdivision Plan for I i
'#28895 Christiansen &
Orchard Village in North
}Sergi 160 Summer
Andover, Mass., Plan of
Street Haverhill, MA
Lots
;x1830
i
The Final Plans to be prepared by the Applicant pursuant to Condition # 9 of this
Decision shall substantially conform to the revised layout reflected in the Plan of
Lots dated November 12, 2008, attached hereto.
Change #11
Delete Condition # 13 at page 12 of 21 in its entirety and replace with the
following:
13. Within 10 days of the expiration of the appeal period for this Decision, as
amended hereby, without appeal being filed or within 10 days of the dismissal of
any such appeal, the Applicant shall pay the following to the Board through its
53G account:
A. $8,880 for legal fees currently owed to Blatman,
Bobrowski & Mead for work conducted prior to the
date of the filing of the Board's Original Decision (the
Applicant having already paid $5,000 towards such
fees previously); and
B. $1,167.62 for engineering fees currently owed to
Hancock Engineering for work conducted prior to the
date of the filing of the Board's Original Decision.
No post -permit reviews of documents or plans shall be undertaken and no
building permit or certificate of occupancy shall be issued until the above -listed
amounts are paid in full, unless otherwise agreed between the Applicant and the
Board. These amounts reflect all costs and fees chargeable to the Applicant as
of June 24, 2008.
The Applicant shall pay the additional, reasonable legal and technical or
engineering consultant fees that have or may be incurred by the Board in
connection with the Project on or after June 24, 2008, however, the total of all
such fees to be born by the Applicant shall not exceed $15,000. Such fees shall
be paid to the Board through its 53G account within 60 days of them becoming
due and payable and an invoice being provided to the Applicant, however,
payment shall not be due from Applicant for such fees any earlier than 60 days
after the expiration of the appeal period for this Decision, as amended hereby,
without appeal being filed or within 60 days of the dismissal of any such appeal.
No building permit or certificate of occupancy shall be issued until such fees that
are due and owing (subject to the $15,000 cap) are paid in full, unless otherwise
agreed between the Applicant and the Board. The Applicant shall receive timely
copies of all bills, communications and reports generated in connection therewith,
unless protected by the attorney-client privilege.
7
RECORD OF VOTE
Upon a motion made by and seconded by
the Zoning Board of Appeals voted Y -U to
to grant and approve the First Amendment to Comprehensive Permit
as stated above during its meeting of December 9, 2008.
Filed with the Town Clerk on December 4G 2008.
Nov 20 08 07:56p
TOWN OF NORTH ANDOVER
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS 0 1845 2909
Tinrolhy .I. Willett
Superintendent of Water & Sewer
November 20.2008
Mr. Thomas J. Urbelis
Town Councel
Urbelis & Fieldsteel, LLP
215 Federal Street
Boston, MA
RE: Orchard Villase—
Water Booster Puma Station
Dear Mr. Urbelis:
BRUCE D. THIBODEAU, P.E.
DIRECTOR
,yORTy
Of i �a a • ^q'O
a'
pSSACHUSEt
p.2
Telephone (978) 685-0950
Fox (978) 688-9573
In response to the ZBA meeting held on October 20, 2008, a meeting was held at the DPW Office on November
, 2008 to discuss the need for a water booster pump station at the proposed Orchard Village Subdivision. In
attendance were developer Robert Messina; his engineers Phil Christiansen and Dan O'Connell, Bruce Adams
of the Town's Consulting Engineer, and Tim Willett of the DPW.
Recent hydraulic modeling for different scenarios conducted by Bruce Adams of Weston & Sampson Engineers
confirmed the need to construct a water booster pump station in order to bring the site in compliance withDEP
requirements for water pressure and hydrant flows. The hydraulic modeling was conducted in order to respond
to questions raised by the developer's engineer, Phil Christiansen.
Robert Messina agreed to construct a water booster pump station on site to improve water pressure and hydrant
flow for the site only and not the surrounding areas. It was agreed that the station will be built according to
Town Specifications. The design for the station will be reviewed by the Town and DEP. It is intended that
the Town wit] take ownership of the station at a future date. A copy of the Town's Specifications for water
booster pump stations is attached.
Very yours,
Timothy S/Willett
Superintendent of Water & Sewer
Nov 20 08 07:56p
Town of North Andover
crater Booster Pump Station Specifications
Design Requirements
• Pressures
• Minimum 35 psi
• Average 65 psi
• Maximum 100 psi
• Recommended 60 psi at high house,
73 psi at low house
• Flows
• 1000 gpm at 50 -feet TDH fire flow
(minimum)
• Domestic peak flow for development
plus 65% for future expansion
Building
• CMU walls
• Insulate walls to meet the building code
• Vinyl siding to match neighborhood
• Plastic trim. boards
• Wood -truss roof
• Asphalt shingle roof (30 year min)
• Concrete floors
• Separate pump and generator rooms
• 36" exterior doorway (2)
• 30" interior doorway (1)
• No windows '
Electrical, Heating & Ventilation
• Meet all code requirements & clearances
• Fluorescent lighting
• Receptacles per code (min 10' spacing)
• Heating by natural gas
• Ventilation through wall
• WalI mounted thermostats
• Louvers and dampers — aluminum
Pumping
• End suction or equivalent pumps
• Automatic control
• VFD's
• Premium efficiency motors
p.3
Valves/Tittings
• Flexible couplings
• Check valve bypass (full size)
• Isolation valves on pumps
• Surge relief valve
• Suction & discharge sample taps
• Pressure gauges (suction & discharge)
Plumbing
• No floor drains
• No water heater
• No emergency shower
• No Sink
• Sill cock
• Backflow preventer/vacuum breaker
Telemetry/ControlsITnstrumentation
•
• RTU with Allen Bradley PLC
• Allen Bradley Panel View Operator
Terminal fully programmed to control
tahe pump station and allow Operator to
change all parameters.
• Telemetry panel that will transmit,
flows, pressures and alarms Eom the
RTU to the Water Treatment Plant via
QEI model QDTT.
• Provide QEI model QDTT modules at
WTP necessary for RTU to communicate
with SCADA system.
• Retain Water System's SCADA
Integrator to program SCADA system to
include the pump station.
• Provide a bypass that will allow each
VFD to automatically maintain the
discharge pressure in the event that the
RTU is not operable
• Magnetic flow meter with transmitter (to
RTLD
Nov 20 08 07:56p
• Pressure transmitters (suction &
discharge)
• Personal emergency alarm
• Intrusion alarms on doors
• Exterior alarm key switch
• Automatic pump stardstop
• Bypass Controller in the event of PC
failure to allow unmanned operation
through use of set point pressure
controller
Standby Power
• Generator (radiator cooled)
• Automatic transfer switch
• Fuel — natural gas
• . Separate room for generator
Site Work
• Deeded property
• Two hydrants (suction & discharge)
p.4
• Isolation valves (suction & discharge)
• River stone around building for drainage
• Sound attenuation fencing
• Paved driveway
Town Review and Approval Required
DEP Design Submittal Required
DEP Approval Required
Construction Monitoring Required by
Town at Developer Expense
• Pre -construction meeting
• Job -site meetings
• Shop drawing reviews
• Substantial completion review
• Punch list
Developer Requirements
• Record Drawings (CAD)
• Training 4 hours minimum
• Operations & Maintenance Manuals
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Town. of North And( ver
ZONING BOARD OF APPEALS
1(iucr I'. _\t.n±:zi in, i -,1q, rjai,;ry 1 -
I 1 `�Hi YM h n l
Ric lar(, 1. Bvcns, f.isy. r.!'r-A,
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�,y�Nµy.
FINDINGS AND -DECISION
RE: Application of Orchard Village, LLC
for a Comprehensive Permit
DATE: June 24, 2008
PROCEDURALHISTORY
I. On or about February 28, 2007, Orchard Village, LLC, 44 Great Pond Drive, Boxford,
Massachusetts 01921 (the "Applicant"), applied for a comprehensive permit from the Zoning
Board of Appeals (the "Board"), pursuant to G.L, c. 40B, to construct an affordable housing
project at property located off Turnpike Street in North Andover (the "Application"). The
Applicant proposed to construct "for sale" forty (40) single-family detached homes, to be called
"Orchard Village" (the "Development"). As proposed, the Development would be located on a
site with approximately 7-78 +/- acres of land being Map 107.C, Lots 18 and 112 (the "Subject
Property"), The Subject Property is zoned Industrial 1 (I-1), as set forth in the North Andover
Zoning By -Law. The original Comprehensive Permit application and the legal notice were for
40 units on the 7,78 -acre parcel (Map 107.C, Lots 18 and 11).
2. A duly advertised public hearing was opened on March 29, 2007, and continued to the
following dates:
I `` meeting - legal notice only, on 3-29-07
2" d meeting - 1 st evidence on 5-3-07 .
3rd meeting — substantive discussion, continued on 5-9-07
0 meeting — continued only, no evidence on 6-12-07
5t' meeting — 2"d evidence on 6-28-07
6`h meeting -- 3rd. evidence on 9-11-07
7`I'' meeting - 4t3i evidence on 11-13-07
8'11meeting 5`I' evidence on 1-29-08
9'h meeting — 6'4 evidence on 2-28-08
1.001 meeting — no quorum 4-17-08
I Ph meeting -- 7"' evidence on May 12, 2008
Page ! d21
Ph(n1c -7R- (i0r_di� i!(lt5-,o_S,i'Lt
!`?t --'i'.�',-Git!�-°).'u3? 1`k::h •• ��:;t•ia,ir}�i-ItOf'[:nFiiulttt;o4i;r.Ct;itt p� �`�
I The public hearing was terminated on May 12, 2008. The Board discussed the decision and
the requested waivers during the meetings of .lune 10, 2008 and June 24, 2008.
4. During the public hearing, the Applicant reduced the number of dwelling units to 32 single-
family homes, in accordance with its Amended Comprehensive Pen -nit Application, Revised
April 4, 2008. The Subject Property has frontage on Turnpike Street and Chestnut Street.
5. The following documents and exhibits were received during the public hearing:
Hearing
Date
From �
Contents
%Item Date
Pre- T
Anne Good, Production Analyst,[.etter
requesting Town response to Orchard
7-]0.06
Application
Massllousine, One Beacon Street,
Village
1
Boston, MA
Lincoln Daley, NA Town Planner
I Memo to Curt Bellavance & Mark Rees -
7-19-06
1
Preliminary Analysis of the Orchard Village
i
40B Proposal
Curt Bellavance, Director,
Memo to Board of Selectmen re: Orchard
7-21-06
Community Development
Village Com rehensive Permit
Letter responding to Anne Good, Mass.
3-14-06
Thomas Licciardello, Chairman,
Board of Selectmen
Housing Finance Agency
Comprehensive Permit Application
I Town Clerk
Orchard Village, LLC
j 2=28-07
Pre-
Albert P. Manzi, Chair, NA ZBA
Memo requesting Board & Departmental
3-2-07
Meeting
response
To 3-29-07
North Andover Zoning Board of
Legal notice [`Legal notice only, read to open
Town Clerk
A eals
the hearing on 3-29-07. 7 members minus DW)
34-07 I
—!
i
NA ZBA '
Cover memo to Departments & Boards re: 3
13-8-07
L . _
1
40B's, includin Orchard
Susan Sawyer, NA Public Health 4
e-mail response to Orchard Village application
3-14-07
Director
Timothy J. Willett & Eugene
Letter in response to Orchard Village
3-20-07
Willis, NA DPW
application
Nicholas J. De Nitto, Esq., 451
Letter in response to Orchard Village
3- 28-07 !
Andover Street, Suite 214, Noah
Andover, .MA [abutter)
To 5-3-07 I
Donald F. Borerrstein, Esq. Law
Waive time to 5-3-07 s
Town Clerk I
+I
Office of Mark B. Johnson, 12
1
4-2-07
Chestnut St., Andover, ]SIA
NA Residents of Chestnut Street i
Letter, 2 & i !�
p. signatures, _p, 3 Live Locals, & ;
4-]7-07 �
Evergreen Drive, Marian Drive _
Watts NERD plan #15320 _
Alison E. McKay. NA Conservation
Response to Comprehensive Permit application
4-26-07
'
_Administrator !
Andrew McInikas, NA FD j
Response j
.
to Comprehensive Permit application
4-26-07
Page 2 of 21
I{
To 6-2$-07
j Donald F. Borenstein, Esq.,
;Cover letter for: (1) Mass. Electric [National
1-07
Grid), Sewer Extension Permit W027405, 9 p,
16-t
i
1
!
6-13-02; (2) Patricia A. Leavenworth,
MassHighway, State Road Opening Permit 4-
i
i 2006-0456, 6 p, 8-23-06; (3) NE Enginecrina,
i
I
j letter to NA DPW sewer re -design, 2 p, 3-15.
j
107, & (4) NA Consen-'ation Commission, Order
I of Conditions DEP 242-1360. 20 p, 7-3-05.
}
r I
1
To 9-11-07
I
____
Christiansen & Sergi, 160 Summer -!
St., Haverhill, MA
Preliminary Subdivision Plan
8.7.07
Douglas C. Prentiss, P.E., P.T.O.E.,
Traffic Impact and Access Study, Orchard
! Rec'd
Judith Nitsch Engineering, Inc., 186
Lincoln Street, Suite 22, Boston,
Village Residential Development, September
1 9-10-07
MA
2007
To 11-13-07
Christiansen & Sergi
Preliminary Subdivision Plan for Orchard
Village in North Andover MA, Massachusetts
10-1
[colorl
!
Donald F. Borenstein, Esq., Johnson
Cover letter for revised site plan [b&w] 1
11-6-07
& Borenstein, LLC, 12 Chestnut St„
Andover, MA
intending to reflect abutter concerns about
traffic on Chestnut & Turnpike
Streets
f Christiansen & Sergi
Preliminary Lotting Plan & Preliminary Site
11-12-07
i
Develo meet Plan
Sandra L. Skelton, 846 Chestnut
Re: Points for the record - Orchard Village
Rec'd 1I -
Street _
Traffic Study 9/2007
13-07 '
To 1-29-08
Christiansen & Sergi
_
Preliminary 40B Subdivision; Plan for "Orchard
12-13-07
Village", 3 sheets, Cover, Site Plan, &
Roadwa - Profiles
!
r , l
Joseph D. Peznola, PE, :Ianceck
Associates r
315 Elm St,
Engineering Peer Review, r
Orchard Village [10p.] r
i-14-08
'
Marlborough, MA �
�
}
NA ZBA
Meeting notice 1-29-08 �
Town Cleric
'
Christiansen & Sergi —t(1)
Response to .Engineering Peer Review I
1-17-08
1-24-08
Orchard Village 40B Project, 10 p. i
(2) Preliminary Drainage Report for Orchard ((({
i
Village, North Andover, Mass., Date: January
I
I
23, 2008, [2 p.]
;
(3) Overlay of Proposed Orchard Village (I
Project on Aerial Photo, Date: Jan, 23, 2008
r
f
j
(4) Preliminary 40B Subdivision Pian for
i 1
i
1
I
"Orchard Village" in North Andover, Mass.,
!I
.
Date: December 13, 2007, Revised 1/22/08, 3
sheets, Cover. Site Plan, & Roadway Profile
r
�To 2-28-08
N'.A Technical Review CommitteeMinutes
�
9-13 07
r _
NA Technical Review Committee Minutes 11.14-08
Donald F. Borenstein, Esq. e-mail e-mail to J. Peznola resubmitting PDF0�
attachments #1-4 of 6-1.1-07 and PDF cover 4
letter fi•om NE Engineering to Robert Messina
for 91 4,64-07
r- Donald F. Borenstein, Esq.- e-mail to L. Dale Y • re: TRC & PDF of 1-22-
j U8 1 1-30-08
_ 13 sheets. _ r
Pa�-,e3 (if 21 � � p
j—
Donald F. Borenstein, Esq.,
e-mail cover for Simmons Environment—al
1-4-08
I -eater in response to Amended Applicationof
5 7-08
Services, Inc., 213 Elm St., Salisbury. MA, Re:
Orchard Village, LLC for Comprehensive
iFormer
Robert Messina, Orchard Village,
Apple Orchard, 1001 Turnpike Street,
1
i
I
No. Andover, MA, 12-5-07 & July 24, 2006
fence frons Rt. 114 to National Grid property
(i 5-12-08
----',
NA 7BA
14 pages)
Posting for NA HS 2-28-08
I Town Clerk
Joseph D. Peznola, PE
1
2' Engineering Peer Review, Orchard Village
40B Project 14 p-
2-7-08
2-8-0$
!
Donald F. Borenstein, Esq.
Waiver List, Revised
2-22-08
j To 5-12-08
j Douglas C. Prentiss, P.E., P.T.O.E.
Traffic Impact and Access Study, Orchard
2-29-08
Village Residential Development, February
2008, 25 pp.
NA Z.BA
Posting 4-17-08 _
I Town Clerk i
( 3-5-08
Donald F. Borenstein, Esq.,
_
Cover letter for Amended Comprehensive
4-4-08
I
Orchard Village, LLC
; Applicant's Amended Comprehemsive Permit:
4-4-08
A) Philip G. Christiansen, R.P. Civil E. #28895
Christiansen & Sergi, 160 Summer St,
Haverhill, MA 01830 -Cover Sheet, Site Plan,
& Roadway Profile, dated December 13, 2007,
revised 1122/08, 3/10/08, & 3/31/08;13) Table
!
I of Housing Unit Styles_ Models A -I; C)
+
Christian C. Huntress, R. L. A. #1178,
Huntress Associates, Inc.; 17'rewksbury
Street, Andover, MA 018I0 - Preliminary
Landscape Plan, dated 3/31/08, Preliminary
'
Landscape Details, dated 3/31/08; D) Waiver
List, dated revised 414/08
Minutes
Re: Application of Orchard —Village,
Street [6
4-9-08
4-10-08
( NA Technical Review Committee
Richard F. -Valle, 58 Evergreen
Drive (Contact for North Andover
Residents of Chestnut Street,
p.]
T ( Evergreen Drive and Marian Drive) !
i
Joseph D. Peznola, PE
3"'. Engineering Per Review, Orchard Village
4-16.08
i (
40B Project
Lt. Andrew Melnikas, NA FD !
Orchard Village recommendations
t� -16-08
NA ZBA
Posting April I7, 2008 rescheduled to May 12,
Town Clerk
[
2008 ;
4-23-08
Donald F. Borenstein, Esq.
Letter requesting Public Hearing to close on.
�----- �
5-12'08
S�
,, andra L. Skelton
! Letter outlining issues to be addressed and
I followed up regarding Orchard Village
Development
; 5-7-08
Nicholas J. De Nitto, Esq.
I -eater in response to Amended Applicationof
5 7-08
i
Orchard Village, LLC for Comprehensive
Robert Messina, Orchard Village,
Pcrmit _- 1
Vie-ws of Skelton house taken F- m the orchard Submitted!
? LLC. 44 Great Pond Drive,
Boxford,
i on 4/10/08, pages 1-7, VieSAVs of S'higlr existing
during '
MA
fence frons Rt. 114 to National Grid property
(i 5-12-08
(fine, pages 8, 9, + 10, Existing buffer along
! meeting f
National Grid property line, pages 11. 12, = 13.
[13 color 4x6 photos]
Pige4of''1
OjA
Dianna C. Deossie, 8 z5 Chestnut Plan of Land in No. Andover. Massachusetts, ; Submitted j
3 Street as prepared for, Dutton ck. Garfield, Inc., i during I
Manchester, Nets 1Tampshire. Date: Aug. 16, ; 5-12-08
1984. Design, Paul D. Turbide, R.L.S. & meeting
R.P.E. #303575, stamped "Progress Print", with
annotations [Watts Regulator, 815 Chestnut
Street gradin,, and ennineerin2 nlan]
FINDINGS
6. The Applicant submitted the following information pursuant to 760 CMR 56.04:
a) it is or will become a "limited dividend corporation" as that term is used in G.L. c.
40B, s. 21 and 760 CMR 56.04(1);
b) evidence of a subsidy as indicated by the project eligibility/site approval letter of
MassHousing dated January 23, 2007 pursuant to its Housing Starts Program and New
England Fund Programs,
C) the Applicant alleges "control of the site" as that term is used in 760 CNIR
56,04(1), by virtue of the Authorization of the owner (the "Owner") of the Subject
Property, dated February 23, 2007 and signed by Louis J. Kmiec, Jr,, Trustee, Agnes M.
Kmiec 1996 Realty Trust, 1001 & L-2 Turnpike Street, and the Applicant's Purchase and
Sale Agreement with the Owner.
7, The Town of North Andover, according to the DHCD, has not achieved the statutory
minimum set forth in G.L. c. 40B, s. 20 and/or 760 C -MR 56.03 in that affordable housing does
not constitutemore than 10% percent of the total number of dwelling units nor is 1.5% of the
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
8. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Hancock Associates, Marlboro, MA
Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA
9. The proposed development was reviewed by the following municipal officers or agencies,
either directly, as indicated by correspondence frorn said officers or agencies, or through the
Technical Review Committee:
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Pace 5 ol'21
Town Manager
Board of Selectmen
Housing Partnership Committee
10. If developed in accordance with the conditions set forth herein, the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of thirty-two (32) homeownership dwelling units, consisting
of thirty-two (32) single-family homes on 32 lots, with associated infrash-ucture and
improvements, subject to the following conditions. The term "Applicant" as set forth herein
shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set
forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the
Board may designate an agent or agents to review and approve matters set forth herein.
Conditions
1. The Development shall. be constructed in substantial conformance with the plans of record set
forth below. Any change shall be governed by the provisions of 760 CMR 56.05(11).
Prepared by Sheet Title Bate
Philip C. Christiansen,
Cover
Preliminary 40B Subdivision Plan for
December 13,
R.P. Civil Engineer #28895
Sheet
Orchard Village in North Andover, Mass,
2007, Revised:
Christiansen & Sergi
I of 3
1/22/08, 3/10/08,
160 Summer St, Haverhill, MA 01830
3/31/08
Philip G. Christiansen,
Site Plan
Preliminary 40D Subdivision Plan for
December 13,
R.P. Civil Engineer #28895.
2 of 3
Orchard Village in North Andover, Mass.
2007, Revised:
1!22/08, 3/10/08,
3131/08
Philip G. Christiansen,
Roadway
Preliminary 40B Subdivision Plan for
December 13,
R.P. Civil Engineer #28895
Profile
Orchard Village in North Andover, Mass.
2007, Revised:
3 of
1/22/08, 3/10/08,
3/31/08
Christian C. Huntress, R. L. A. #1178 Drawing Project: Orchard Village, North Andover, 3.31.08
Huntress Associates, Inc. No. L -I Massachusetts
17 Tewksbury Street, Andover. MA of 2 Preliminary Landscape Plan
01810
Christian C. Huntress, R. L. A. #1178 Drawing Project: Orchard Village, North Andover. 3.31.08
Huntress Associates, Inc. No. L-2 Massachusetts
of 2 Preliminary Landscape Details
Pale 6 of 21
rrepared by Title -- Date
Huntress Associates, Inc.
The Orchard Village LLC,
April 4. 2008 `-
17 Tewksbury Street
North Andover, Massachusetts
Andover, Massachusetts
Model A
41810 _
Huntress Associates, Inc,
The Orchard Village LLC,
April 4, 2008
North Andover, Massachusetts
Model B
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008
_
Nortl; Andover, Massachusetts Model C
V
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008 w
North Andover, Massachusetts Model D
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008
North Andover, Massachusetts Model E
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008
North Andover, Massachusetts Model F
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008
_ _
North Andover, Massachusetts Model G
Huntress Associates, Inc.
The Orchard Village LLC,
April 4, 2008
_
North Andover, Massachusetts Model H
Huntress Associates, Inc.
The Orchard Village LI,C,
April 4, 2008
North Andover, Massachusetts Model I
2. The Development shall not exceed thirty-two single family dwelling units. Dwelling units
shall not exceed four bedrooms. The number Affordable Units ;.;hall be proportional to the
number of market rate units. Exhibit .B shows a guideline of proportionality with respect to
market rate and affordable units.
3. Twenty five percent (25%) of the dwelling units, which, as proposed, is eight (8) of the
dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households
earning no more than eighty percent (80%) of the median household income for the Lawrence
PMSA,,or applicable DMSA in the event of a change. The price for such Affordable Units shall
be set at seventy percent (70%) of the median household income in the Lawrence PMSA,
adjusted for household size, with a five percent (5%) down payment used to calculate such price.
If the Development is funded by the New England Fund of the Federal Home Loan Bank of
Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which
Funding is Provided through a Nongovernmental Entity," as published by the DHCD.
4. To the extent permitted by law, preference for the sale of seventy percent (70%) of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time buyers and who are either (a) persons who have made their primary residence in North
Andover; or (b) employees, special or municipal, of the Town of North Andover. The Iocal
preference shall be implemented by a Lottery Agent approved by the Board. Prior to conducting
the Lottery, the Lottery agent shall submit a final Lottery plan to the Board, or its agent for its
approval. All costs associated with the Lottery shall be exclusively borne by the Applicant.
5. Prior to the issuance of any building permit for any unit located on the Subject Property, the
Applicant shall prepare a draft of a Regulatory Agreement and a Deed Rider and submit same to
Pa@e 7 of 21
the Board for approval for execution by and with the Board of Appeals on behalf of the Town,
such determination and execution to be completed and communicated to the Applicant,
specifying any objections. The Board may seek a recommendation as to form by the Board's
legal counsel. The form of Deed Rider to be used is the so-called Universal Deed Rider, which
Deed Rider has been approved by Fannie Mae and DHCD and is designed to preserve the
Chapter 40B Affordability Requirement in the instance of a foreclosure by a lender. Such
document(s) shall contain at a minimum, the following terms:
a. The Affordable Units shall be reserved for sale in perpetuity to households earning not
more than eighty percent (80%) of the median household income for the Lawrence
DMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent (70%) of Clic median household income in the
Lawrence PMSA, adjusted for househotd size, with a five percent (5%) down payment
used to calculate such price
b. The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee if expressly authorized by the Board in writing.
c. The actual Affordable Units shall be identified within the Regulatory Agreement.
d. The Affordable Units shall be owner -occupied only, provided, however, that the
Board may authorize the temporary rental of such unit at a price affordable to a
householdearning not more than 80% of area median household income where the owner
demonstrates that there is a bona fide reason for same, such as military duty, or the like.
e. The Affordable Units shall remain affordable in perpetuity.
To the extent DHCD or MassHousing require the use of any of the above -referenced documents
in a form approved or issued by them, such document forms shall be utilized for the
Development to the extent required.
6. Prior to the issuance of any certificate of occupancy, the Applicant shall enter into a
Monitoring Agreement, approved by the Board. The Board may seek a recommendation as to
form by the Board's legal counsel. The Board of Appealsshall notify the Building
Commissioner, in writing, of such approval and provide to him or her a copy of the Agreement,
Such Agreement shall be consistent with the terms of this Decision and shall contain the
following terms;
a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board.
b. All costs associated with monitoring shall be borne by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial information submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at die same time.
Pase s c,rzt J 1,
d, The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales,
7. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance from the standard market rate
units. All of the Affordable Units shall offer the same package of garage, appliances, fittings,
and fixtures as the base package for the standard market rate units. Said base package shall be
submitted to the Board prior to the issuance of each building permit for an Affordable Unit,
which requirement may be waived in the Board's discretion.
8. During construction, the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use
all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00
p.m; provided, however, that exterior construction shall not commence on Saturday before 9:00
a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday.
Hours of operation shall be enforced by the North Andover Police Department.
9. Prior to the issuance of a building permit for any dwelling unit to be located on the Subject
Property, the Applicant shall submit the following, as well as a final definitive subdivision plan,
for approval by the Board, consistent with the Plans of Record, the North Andover Subdivision
Regulations and the waivers approved under this Decision. The Board may distribute such. plans
to its consultants and/or Town boards and officials for a written recommendation or report, at the
sole cost of the Applicant.
a. Lighting plan with street lighting detail. If lighting is resident -controlled, the final site
plan shall show a minimum number of lanterns and posts equal to the number of dwelling
units, each controlled by the resident owning the closest driveway. Posts shall not exceed
nine (9) feet high with an approximate -scale lantern on top, or as otherwise approved by
the Board, Additional lighting may be required at passive recreation and/or bus stop
areas, if any, as approved by the Board. All lighting types shall be identified on the final
lighting plan.
b. Landscaping, fencing, and planting plan. Said plan shall include, but is not limited to,
the following: Minimum tree caliper shall be three (3) inches or fifteen (15) feet high at
grade. Buffer trees shall be non -deciduous. Buffer trees shall be planted, as required, at
property lines, abutters' homes and Route 114, as approved by the Board. Street trees
shall be deciduous shade trees of a type acceptable to the Department of Public Works.
Street trees shall be spaced f=ifty (50) feet apart on each side of the roadway.
Additionally, a minimum of three (3) decorative trees shall be planted per house lot, to be
shown on the final landscaping, fencing and planting plan. Foundation planting, grade
berm and hedge planting buffers shall be used to create visual barriers around and
between all residences. Landscaping shall be provided at the on-site passive recreation
and bus stop areas, if any. A landscaping berm shall be designed at the Route 114
page 9 0'31
property line for safety. The Applicant and its successors and assigns shall be prohibited
from disturbing, cutting or removing any landscape buffers shown on the plan.
c. Grading plan supported by a cut fill analysis. No ground material (i.e, topsoil) shall be
removed from the site, except as required in connection with the remediation and
handling of the effected soils on the Subject Property; or as otherwise approved by the
Board. The grading plans shall show all required stone and retaining walls.
d. Erosion control plan.
e. Architectural plan, including all principal and accessory structures. The architectural
pian shall bear the stamp and seal of a registered architect or engineer. Said plan shall be
in substantial conformance with the size and shape of structures presented to the Board,
including all plans submitted by Huntress & Associates. The architectural plans
previously submitted are accepted by the Board as a tninimum standard for design,
though the Board encourages the incorporation of elements of traditional New England
design.
f. Utilities plan including water, hydrants, gas; electric, cable, and telephone and sewer.
g. Signage plan,. including signs during the marketing phase.
h. Detailed stormwater management final plans and full supporting calculations
consistent with full compliance with the DEP's Stormwater Management Regulations
(2008) and the Conservation Commision's requirements, to the extent applicable, which
shall be reviewed by the Conservation Commission's peer reviewer.
i. Open space and recreation plan. To the extent the final plan includes a common area,
said plan shall include a school bus stop and waiting area, a minimum of three (3)
benches and lighting for safety. The Development shall have sidewalk(s), five (S) feet in
width with a grass strip of no more than six (6) feet between the sidewalk(s) and the
roadway.
j. Snow storage and refuse disposal plan.
k. Cutting plan, showing the limits of clearing.
1. Fire sprinkler plan, as required by the State Building Code.
m. Construction management plan.
n. Site plan showing all setbacks, and the location of all proposed dwelling units and
abutting structures, as determined by a registered professional land surveyor.
o. Monumentation plan, compliant with Essex forth Registry of Deeds and Land
Court requirements.
Page 10 or -11
p. All wetlands filings within the jurisdiction of the Conservation Commission.
q. Completed Demolition of Building Affidavit for existing structures on Subject
Property of Louis J. Kmiec, Jr., Trustee of Agnes M. Kmiec 1996 Realty Trust, 1001 &
L-2 Turnpike Street.
r. Base specifications for the market rate "standard units" including fittings, fixtures,
appliances, air conditioning, garage, etc.
s. Final Architectural elevations and floor plans, bearing the stamp and seal. of a
registered architect or engineer, including any changes from the architectural information
in the Plans of Record.
The Board shall make such determination at a regular or special meeting of the Board and
communicate same to the Applicant, specifying any objections.
10. The Applicant shall design such final definitive subdivision plan with the following
specifications:
a. The Applicant shall confonn with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
b. The Applicant shall install fire sprinklers if and only to the extent required by the State
Building Code.
C. Except as waived, all signage, including signs to promote sales, shall comply with the
Zoning By-law and shall be maintained in a sightly condition.
d. The adjacent residential properties shall be screened to minimize light intrusion from
houselights and vehicles on the Subject Property. The Board may require a fence and/or
approved screening at appropriate locations in the final plans.
e. The final design roadway shall comply, except as waived, with the standards of the
Planning Board's Subdivision Rules and Regulations.
I 1. The Applicant has proposed a subdivision of land. The subdivision shall be governed by the
Planning Board's Subdivision Rules and Regulations and the Subdivision Control Law with
regard to all substantive and procedural matters, unless such requirements are waived. The
Board shall act on behalf of the Planning Board as required by G.L. c. 40B.
I I The roadway within the Development shall be maintained by the Applicant or its successors
until the roadway is dedicated to and accepted by the Town Meeting in the same manner and to
the same extent as is typically required by the Town or the Planning Board for non -
Comprehensive Pennit residential, definitive subdivisions.
°ryne I i ort? o
L
13. All invoices generated by the Board's peer reviewers during the application stage shall be
paid within. thirty days of thefiling of this decision with the Town Clerk, whether this decision is
appealed or not. No post -permit reviews of documents or plans shall be conducted until such
invoices have been paid in full nor shall any post -permit reviews commence without the express
consent of the Board. No building permit or certificate of occupancy shall be issued until such
invoices have been paid in full; unless agreed to by and between the Applicant and the Board.
14. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format. The Board shall require the establishment of an escrow account to assure such
payment, with an initial deposit of $5,000.00, subject to replenishment.
15. A preconstruction conference with town departments, scheduled through the Board, shall be
held prior to the commencement of construction:
a. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the purposes of this decision,
"commencement of construction" shall occur when the clearing and gabbing (removal of
stumps and topsoil) has been initiated. The contractor shall request such conference at
least three (3) weeks prior to commencing construction by contacting the Board in
writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applicant,
the Board, and other municipal officials or boards.
16. The Board and/or its agents may enter onto and view and inspect the Property during regular
business hours, without notice, to ensure compliance with the terms of this Decision, subject to
applicable safety requirements.
17. The Conservation Commission's Order of Conditions, Abbreviated Notice of Resource Area
Delineation and/or Notice of Intent pursuant to 310 CMR 10.00, or any order of the Department
of Environmental Protection (DEP), either if applicable, regarding this property, shall be made a
part of this comprehensive permit. If there is any inconsistency between the plan of record for
this permit and the plans as may be approved by the Conservation Commission or the DEP, the
Applicant shall submit an amended plan to the Zoning Board of Appeals and to the Conservation
Commission and to DEP (if applicable) for approval in order that all approvals are consistent
with one another. Such submittal shall be made by certified mail or in hand at a regular meeting.
Said amended plan. submitted to the Board shall be accompanied by a letter setting forth any and
all changes from the submitted plan of record and shall include revised drainage calculations, as
determined.
18. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
adequate security has been provided, acceptable to the Board, to ensure the completion of such
Page 12 nf2! r%
improvements. The choice of performance guarantee shall be governed by the provisions of
G.L. c. 41, s. 81 U. If requested by the Board, said perfonnance guarantee shall be approved as
to forni by the Board's legal counsel. The Board shall notify the Building Commissioner, in
writing, of such completion or performance guarantee.
19. Performance bonds or other security shall be required and shall be released and partially
released by the Board in accordance with the Subdivision Rules and Regulations of the Planning
Board and the Subdivision Control Law, G.L. c. 41; s. 81 U, as determined by the Board acting in
the place of the Planning Board.
20. In deteinining the amount of the bond or surety, the Board shall be guided by the following
formula in setting the sum of the security:
a. the Board's estimate of the cost to complete the work; plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
21. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following:
a. The plan of record;
b. This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of North Andover as liquidated damages, as
determined by the Board..
22. The Applicant shall provide an "as -built" plan to the Board and Building Department prior
to the issuance of the final certificate of occupancy in the Development in accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant shall
provide a separate as -built plan depicting the water mains and services to the Department of
Public Works demonstrating compliance with the Department's rules and regulations and
installation specifications.
23. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
24. The following conditions were recommended by the Board's consulting traffic engineers,
Judith Nitsch Engineering, Inc., and shall be required:
Pate 13 or21
The following worn out/faded traffic signs in the traffic study area shall be replaced:
"Intersection Ahead"; "No Passing Zone"; "Two -Way, Left -Tum Only."
Overgrown vegetation within the public right of way along Route 114, between Willow
Street/Mill Road and the Subject Property shall be trimmed and cleared to improve sight
distance and visibility of existing traffic signage.
• Faded pavement markings at Willow Street and Mill Road approaches to Route 114 shall be
replaced.
"Intersection Ahead" (Code W2-2, Manual on Uniform Traffic Control Devices) signs shall
be installed along Route 114 in both directions approaching the intersection of the Project
roadway and Route 114.
Overgrown vegetation within the public right of way along the Subject Property's frontage
on Route 114 shall be trimmed and cleared to improve sight distance; for the intersection of
the Project roadway and Route 114.
"Stop" signs shall be installed at the Evergreen. Drive approach to Chestnut Street, as directed
and approved by North Andover DPW.
The Applicant shall consult with the Town School Department to detennine optimum
location for school bus stop. it is recommended that the school bus stop at Chestnut Street be
relocated and that the Project roadway be available for use by school buses.
It is recommended that the Project roadway be maintained as open and available to the public
and for public use.
25. The following conditions were recommended by the Board's consulting civil engineers,
Hancock Associates, and shall be required:
• Final Plans shall conform to the submission requirements of the North Andover Subdivision.
Rules and Regulations for a Definitive Subdivision. The design shall fully comply with the
Design Standards of the North Andover Subdivision Rules and Regulations unless expressly
waived herein.
The Applicant shall provide a detailed stormwater management analysis demonstrating full
compliance with the current DEP Stormwater Management Regulations (2008) prior to the
start of construction.
Soil testing perfonned by a. Massachusetts Certified Soils Evaluator within the proposed
detention basin shall be performed to verify estimate seasonal high groundwater for
consideration is design compliant wit DEP Stonnwater Regulations. Test results shall be
included with Final Construction Plans and supporting documentation.
Final Plans shall be supported by a out fill analysis being submitted prior to construction.
Paje 14 of' 2 1 Wp
• Final Pians shall include street lighting detail be submitted prior to construction in
accordance with North Andover Subdivision Rules and Regulations.
26. The landscaping shown on the Subject Property in the final approved plan shall be
maintained in perpetuity by the owner(s) of the lot(s) on which the landscaping is located. Any
dead vegetation shall be removed immediately and replaced in accordance with the specifications
on said plan during the life of the project by such owner(s).
27. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth of
Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
28. The Development shall be served by public sewer and water, looped into the public domain
and as determined by the Department of Public Works. Sewer lines shall be extended to the
intersection of Marion. Drive and Chestnut Street, allowing for connection thereto by the
residents of Marion Drive, Chestnut Street and Evergreen. Drive. One (1) or more booster pumps
shall be installed at the Applicant's expense, as required. Upon completion of said
improvements, the Applicant shall prepare a full accounting of the costs thereof and submit same
to the Board.
29. The Town of North Andover and its agents are hereby authorized to enter upon the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer system
after the connection of the systems to the public domain.
30. The Board of Appeals hereby waives no fees associated with the Development.
31. Prior to the issuance of each certificate of occupancy for a market rate dwelling unit, the
Applicant shall to provide the sum of One Thousand ($1,000.00) Dollars to the Town, pursuant
to G.L. c. 44, s. 53A. or other acceptable funding mechanism, for a total of Twenty Four
Thousand ($24,000.00) Dollars. Such funds shall be used for a public purpose selected by the
Board.
32. It has been determined that arsenic, lead and other potential contaminants are present on the
Subject Property as a result of former agricultural use and that same is governed by Section
40.0317(8)(c) of the Massachusetts Contingency Plan. The remediation and the handling of the
effected soils on the Subject Property shall be supervised by a Licensed Site Professional (LSP)
chosen by the Applicant and approved by the Board. A copy of all written transmittals to the
DEP by the LSP shall also be filed with the Board. The LSP shall file written reports with the
Board as determined by the construction management plan, at least weekly.
33. The Applicant has requested, and the Board has granted, the waivers horn local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project, that additional waivers are required, the Applicant
shall be required to obtain such additional waivers after written request to the Board. The Board
may grant such additional waivers in accordance with applicable rules and regulations. In the
event of any conflict between the Plans of Record and the waivers granted as set forth in Exl ibit
Page 15 of 21 C�KA
A, said waivers shall control. To the extent that a waiver requested by the Applicant is granted
as modified by the Board, the unmodified waiver request is denied.
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Ellen P. McIntyre, the Zoning
Board of Appeals voted 3-0 to grant a comprehensive permit subject to the above -stated terms
during its June 24, 2008 meeting:
Albert P. Manzi, III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard M. Vaillancourt, Associate Member
Filed with the Town Clerk on July *008.
Page 16 of 21
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JOHNSON
Mark B. Johnson (MA, NH, DC)
BORENSTEINUC Donald F. Borenstein (MA, ME, NH)
ATTORNEYS AT LAW
Kristine M. Sheehy (MA)
Denise A. Brogna (MA, CA, NH)
12 Chestnut Street
Kathryn M. Morin (MA, NH, ME)
Andover, MA 01810-3706
Lorri Gill Covitz (MA)
Tel: 978-475-4488
Leslie C. Carey (MA, RI)
Fax: 978-475-6703
Michael A. Klass (MA, NH)
www.jbllclaw.com
don @ jbllclaw. com
Paraleeals
Karen L. Bussell
Danielle R. Corey
Melanie J. O'Connell
Lianne Patenaude
August 23, 2011
North Andover Zoning Board
ATTN: Angela Ciofolo
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
Re: Applicant: Orchard Village LLC
Property: 1001 and L-2 Turnpike Street
Original Filing Date:. February 28, 2007
Decision Date: June 24, 2008 (filed with Town Clerk on 7/2/08)
Amended Decision Date: December 9, 2008
Dear Ms. Ciofolo:
Enclosed please find a recorded copy of the Form J Lot Release Form for release of 7
additional building lots (Lots 7, 9, 11, 12, 16, 20 & 26), and the water pump station lot
(Lot 33) with regard to the above -referenced matter.
Very truly yours,
JOHNSON & BORENSTEIN, LLC
6��
Donald F. Borenstein
DFB/mbf
Enclosure
Cc: Orchard Village, LLC
10
01-1-A 27
Esseic"6�oe�` Lai Court RegiStra
FORM J
LOT RELEASE FORM
The undersigned being a majority of the Zoning Board of Appeals of the Town of North
Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as
the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify
that the requirements for work on the ground called for by the Comprehensive Permit
dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book
11427, Page 192, as affected by an Amendment to Comprehensive Permit dated
December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as
Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a
Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in
North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last
revised June 9, 2009, and filed with the Land Registration Office of the Land Court as
Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the
satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on
said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the
Board, in the form of a letter of credit, has been posted by the developer with the Board
pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the
restrictions as to sale and building specified thereon and released from the Form I
Covenant dated August 13, 2009, registered as document number 99463 and as document
number 99465.
Lots designated on said Definitive Subdivision Plan and released hereby are as follows:
Lot 7, Lot 9, Lot 11, Lot 12, Lot 16, Lot 20, Lot 26, and Lot 33
AW (194
Town of
North Andover
Uuv, IK
.i. uto Crc)oJ of Land CoUrt Dbcuinent
tirii{cats .11oo{t..
,
M
ority Of
Zoning Board of Appeals
'he
YCLi41JF•
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss: U ' , 2011
Then personally appeared"
who proved to me through satisfactory evidence of identificat' n, which was
photographic identification with signature issued by a federal or state governmental
agency, ❑ oath or affirmation of a credible witness, ❑ personal knowledge of the
undersigned, the above-named member of the Zoning Board of Appeals of the Town of
North Andover, MA, and acknowledged the foregoing instrument to be the free act and
deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its
capacity as the Comprehensive Permit granting authority under G.L. c.40B, §§ 21-23,
before me,
DANIELLE -M. REED Notary Public:
Notary H O MokS M Commission Expires:
COMMONWEALTH OF MA$SACHU Y p
My Commission Expires
Ulf May 30.2014