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HomeMy WebLinkAboutMiscellaneous - Exception (586)0 O 0 rrt2s,-�' qy.�,� dna V ©0-0 /1 �.J C17 N t N Ul i 0 'if J6 vi 1"7 5 ,e, A ep w1 GV4E Memorandum From: Mark Rees, Town Manager via Heidi Griffin, Community Development Director To: Zoning Board of Appeals Re: Oakridge Village & Maplewood Reserve (Meadows) Date: December 10, 2002 Mark Rees talked to Heidi Griffin as they were leaving an afternoon meeting 12-10-02. He asked Heidi to inform the Zoning Board that he had talked with Middleton about their mutual concerns with Route 114 traffic vs. Mass Highways' regulations for installing traffic signals. He would like to have a meeting with the Police and Fire Departments, and DPW before the 2357 Turnpike Street hearings are closed, so that that meeting's results can become part of the public hearing. ViSi ` '✓fie ���pY/�n5 VALLEY REALTY DEVELOPMENT, LLC 978-687-6200 phone December 5, 2002 William J. Sullivan, Chairman North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: Comprehensive Permit Application Dear Mr. Sullivan: 978-682-6473 fax Valley Realty Development, LLC is amending its application for a comprehensive permit for the property located at 2357 Turnpike Street, North Andover to request a waiver from the following requirement: Cash or surety bond We are requesting a waiver from this requirement as follows: In place of any requirement for a cash bond or surety bond, we will provide a letter of credit in the same amount. Sincerely, Valley Realty Development, LLC Thomas D. Laudani, Manager TUkp cc: Bob Nicetta, Bldg Comm Rob Levy, Esq. Team Members G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\amend #2.zba DEC 9 - 2002 BOARD OF APPEALS 231 Sutton Street Suite 2F, North Andover, MA 01845 Northpoint Realty Development Southpoint Realty Development P.O. Box 907 1020 Miramar Drive North Andover, MA o1845 Delray Beach, FL 33483 (978) 327-6540 (561) 272-9958 ............................................................................................................................................................ December 3, 2002 Mr. William Sullivan Town of North Andover Board of Appeals 27 Charles Street North Andover, MA oi845 Re: Draft Decision for Oakridge Village and Maplewood Reserve Dear Chairman Sullivan: Attached is a copy of the proposed draft decision for Oakridge Village and Maplewood Reserve. We thought that it would be useful for all members to read through the decision prior to the meeting scheduled for December 10, 2002. We have addressed all comments and feel that this draft decision encompasses the entire scope of our negotiations with the Board. We also believe that this project will benefit the Town in several ways which are bulleted below. 0 75 affordable units for the Town (over the 25% requirement) o Extension of water and sewer eastward on Route 114 almost to the Town line o Placement of capped electric conduit for future need o Placement of dry sewer line for Town's future benefit o Access easement to the State Forest o Conservation Restriction on a large portion of land abutting the State Forest o School bus drop-off location outside of the State roadway I would like to close by thanking you and the other Board members for the time and effort dedicated throughout the 4oB application process for the property located at 2357 Turnpike Street. It was truly appreciated. Sincerely, Valley Realty Development, LLC c Gerry -Lynn Darcy cc: Thomas Kiley, Thomas Laudani, Robert Levy, Anthony Mesiti, Louis Minicucci, Robert Nicetta, Karen Pollastrino DEC 8 - 2002 BOARD OF APPEALS Draft Decision on Comprehensive Permit Application Valley Realty Development, LLC 231 Sutton Street, Suite SF North Andover, MA 01845 Petition No. ??? PROCEDURAL HISTORY The Applicant is seeking a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 through 23, to construct 270 units of housing of which 25% or 68 will be set aside as "affordable;" in the:Residential 2 and Industrial 1 zoning districts, located at 2357 Turnpike Street, North Andover, MA 01`845. The Comprehensive Permit application was submitted to the North Andover Town Clerk's office ori <date> at <time>. A waiver for time extension was signed by Thomas D. Laudani, Manager on <date> . The Town of North Andover Zoning Board of Appeals, after pub and <date> and due notice sent to all abutters and interested pa the North Andover Senior Center at 120R Main Street, North An( Board of Appeals members present were Chairman William E <member>; <member> and <member>, Alternates. <Member> An additional waiver for time extension was signed at the meeting by Thomas D. Laudani., Manager, f, heard at a regular meeting to be held on <da signed on <date>. At the <date> North rido-ver.-Zoning North Andover Zoning Board of Appeals continue the public hearirrg,�°Valley Realty Development, LLC was represented by Thomas D. Laudani, Manager of Valley Realty" Development,, ,LLC, 231 Sutton Street Suite 217, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seama66" erin & Mellott, LLC, Attorneys at Law, One International Place, 18th Floor, Boston, MA 02110; Gregory P Smith, AIA, GSD Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE, Dermot J. Kelly Associates, Inc., 280 Main Street, Suite 2041106,01 Reading, MA 01864; Steven Trettel, GZA-GeoEnvironmental, Inc. -Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress Associates, Inc., 17 Tewksbury Street, Andover, MA 01810; and Eric. Loth, Gerry-lynn Darcy, and Karen Pollastrino, Valley Realty Development, LLC. MEr,. DEC 9 - 2002 BOARD OF APPEALS Page -1- Mark West, West Environmental, Inc. 122 Mast Road, Suite 6, Lee, NH 03824, represented the Applicant for matters pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings. The public hearing was closed on <date>. The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. 1. Exhibit A: 2. Exhibit B: 3. Exhibit C: 4. Exhibit D: 5. Exhibit E: r..L.:V:a r. �0 �MIDinaF The Applicant ;submitted plans prepared Eby GSD Associates, dated <date> to the North Andover Zoning Board of Appeals with the submission of the Comprehensive Permit Application. The North Andover Zoning Board of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire Departme ',,,the North "Andover Conservation Commission, the North Andover Board of Health, the North Andover.Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and'recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002 to the North Andover Zoning Board of Appeals, which is the final plan the North Page -2- Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision. There are no outstanding issues raised by any Town Boards. All issues have been addressed by the Applicant. Prior to the close of the public hearing on <date>, the North Andover Zoning Board of Appeals also received and considered the following written communications: The premises and site affected are known as 2357 Turnpike Street, North Andover, Massachusetts. The site consists of 47.14 acres of land and <size feet of frontage on'Turnpike Street and various residential and farm structures .a'n'd kennel buildings The site isnot presently served by municipal water, sewer, or natural gas, all of which will be extended fo the site at the Applicant's expense. All of the existing structures are to be demolished. The project as proposed.is described as follows: Upper Meadows -192 one and two bedroom units in four steel frame buildings, each with an elevator. Buildings 1, 2, and 3 will have 36 units each; Buildings 1 and: 2 willhaveJ-asement storage. Building 4 will have 84 units and a <number> car garage; Lower Meadows - 78 three bedra©m townhouse style units. Parking will consist of <number> garage spaces' and <number> surface spaces. The site itself is irregular in shape. Wetlands are found on the site and wetland issues are being addressed by the Conservation Commission under the two Notices of Intent filed by the Applicant, one for issues related to the site and the other for issues related to the construction of the utilities along Route 114. Page -3- The parcel of land which is the subject of the Comprehensive Permit application is owned by <owner's name>. The Applicant is Valley Realty Development, LLC. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. The parcel of land is recorded at the Essex North Registry of Deeds in Book <NNN> Page <NN>; the Plan reference is Plan <NNNN>. It is also identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33, 38, and 39. The site is located in Zoning Districts Residential 2 (R-2) and Industrial 1 (1-1). The FEMA Flood Insurance Rate Map # <panel #> dated <date> indicates that the parcel is located in Zone <??>. Prior to the submission of the Comprehensive Permit application, the i Home Loan Bank of Boston's New England Fundfor a project eligibility letj a participating lender with an office in Boston, Massachusetts. Wainwrigt and issued a Project Eligibility Letter to the Applicant on <date> Massachusetts Housing Appeals Committee in Stuborn Ltd. Partners 98-01 (Decision March 5, 1999), the New England Fund was added to No other subsidy programs have been proposed by the Applicant During the course of the public hearing, the North Ar from <name>, an abutter, and <name>, also abutte In addition, various members of the North Andover Zon impact of the proposed project on the Town of North An( the public school system. The Applicant. submitted a Fisca Analyses (Exhibit C)prepared using a model developed b' icant applied to the Federal housing programs. heard testimony Developments and Dollarsx ,;an Introduction tb Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L Siegel ff Public and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at Meadows. In response to questions and comments from the North Andover Zoning Board of. Appeals and the North Andover Finance Committee representative, Bernice Fink, the„Applicant revised the Analysis. The original and revised Analyses showed a positive fiscal impact to the Town, with a final break even point in excess of 98 children. A letter was also received from Ira Singer, Town Administrator, Town of Middleton, expressing his concerns-f6darding traff, is <explain> and the need for a traffic signal at the intersection of Sharpener's Pond Road, nearA­he'town boundary. <explain> Page -4- In the course of the public hearing meetings, the Applicant was notified by the North Andover Fire Department that the use of the name "Meadows" would conflict with other residential developments in Town already using that name. The Applicant submitted the names "Oakridge Common" and "Maplewood Reserve" to both the Fire Department and the Police Department, which approved the selection. The project has been renamed thus. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used. 1. The Applicant. The Applicant„Walley organization” as that term is used on M.G1. Chap Regulatory Agreement With the funding agency to lire comprehensive peer ►ckup, the Common. as the agency to ese services and 3ealty Development, LLC is a "limited dividend 40B.. § 21' and 760 CMR 30.02 and will sign a profits,.and is eligible to apply for and receive a Valley Realty is a qualified applicant t)ursuant,to 769 CMR 31.01 in that it is a limited dividend organization, the project is fundable by the Federal Home Loari"Bank of Boston's (FHLB/B) New England Fund through a participating lender, and has control of. the site as that term is used in 760 CMR 31.01 in that Valley Realty has entered into a Purchase and`Sale Agreement for the acquisition of the property from <name>, the present owner. Page -5- 3. The Project. The Project, as shown on the final Site Plan, consists of a 192 condominium units in four residential buildings and an additional community building on the Upper Meadows/OAKRIDGE COMMON site, including <number> (NN) one bedroom units, <number> (NN) two bedroom units and a total of <NNN> parking spaces with related improvements; 78 condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site, and a total of <NN> parking spaces with related improvements. The Project's new name is Oakridge Common (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housing to be Provided. Twenty-five percent eight) units will be "low or moderate income housing" as that term isd Seven (7) additional affordable one bedroom units of the applicant's chc Meadows/Oakridge Common. The final number of affordable units wil . be 75 ng Valley Realty, LLC has agreed to a restriction on affordability; The c restriction shall be for a term of 99 years or, in the event of approval of the Massachusetts Department of Housing and Community Development, in pe contained in such restriction, from the date of this Decision, as specified (in.the 5. Access and Traffic Issues. There wilf�Wbe two rnban., driveway aligned with Sharpener's Pond Road and�a driveway leads Common. The North Andover Zoning Board of -`Appeals found ft designed and safe to accommodate the, n including the Department.of' Public Works, Commission, the Planning Boar d,and the ids of the adequately, and there are no outstandinddssues. '.78% of the, -.tote tion of the affordability Drdability restriction by :pity, & such other term ditio'rs to this Decision. of access to and from the site: a ig„to the Upper Meadows/Oakridge tithe proposed access is properly nary and emergency services. During the course of the public hearings, the North ived comments and concerns from Town boards e`Department, the Fire Department, the Conservation Health. The Applicant has addressed these concerns conditions. Page -6- Comprehensive Permit Conditions A. General Conditions 1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not be substantially changed, altered or reconfigured in any way without an amendment to this Comprehensive Permit, after notice and hearing by law. a. Plan Titled: Preliminary Site Plan, <name> North Andover, MA Sheets ??? Prepared for: Valley Realty Development, LLC 231 Sutton Street, North„Andover, MA 01845 Prepared by: <engineer> <address> Date: <date> b. Plan Titled: Preliminary Landscaping Plan, <riame> ., North Andover, MA Prepared for: Valley Realty Development, LLC Prepared by: <name> Date: <date> C. Plan Titled: Preliminary Architectural P..lans, <naYme> North' Andover, MA Prepared for: Valley'Realty Development; LLC Prepared by: Gregory P Smith, GSD Associates -Architects, Inc. Date: �date> 2. All requirements of the NewEngland Fuiidas administered by the Federal Home Loan Bank of Boston are W6 Tle., Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicantras required by the program and shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations 3. The number of un seventy (270):. The affordable unitsst under this Comprehensive Permit is two hundred prise twenty-five per cent (25%) of the total or sixty-eight (68) units which stall be indistinguishable from the outside as being affordable. No two affordable units shall be located adjacent to each other,' wherever possible. The utilities, equipment, fixtures, and appliances in the affordable units shalkte=lhe same as those in the standard market rate units at time of first conveyance:.Thks shall not be construed to prevent buyers of standard market rate units from upgrading the utilities, equipment, fixtures, and appliances, among others, in those units. Page -7- 4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7) additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Common. The total number of affordable units equals seventy-five (75) and the total affordable units comprise 27.78% of the 270 units approved. 5. 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 Valley Realty Development, LLC. Seventy per cent (70%o)<of the, affordable units shall be set aside for North Andover residents according to a policy to be developed by Valley Realty in conjunction with the Town of North Andover Community Development Department, and approved by the North Andover Zoning Board of Appeals. 6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion of construction, issuance of Certificate(s) of Occupancy by;the building commissioner and conveyance to individual unit owners, if not sooner. 7. 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. the development of the site, unless expre; waived under this Comprehensive Permit, other than site work, missioner that this decision and the plans with the with the Essex North Registry of Deeds in an ``'Engineer's or an Architect's stamp, as appropriate. a document number or a book and page number shall be 10. A certificate of insurance, which shall include coverage for general liability; 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 preparation. Page -8- 11. Prior to obtaining a building permit, the Applicant shall submit to the North Andover Zoning Board of Appeals for review and to the Building Commissioner for approval of final construction drawings and final site plans signed by a Registered Architect and a Registered Engineer, as appropriate. 12. 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 is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 14. The comprehensive permit shall run with the land. 15. The comprehensive permit shall become void in the:event the Ap building permit in connection with the Project within three (3) years of the.date h :t time required to pursue or await the determination of an appeal from the graIht�of tk otdoes not obtain a f;, not including such mprehensive permit to be sel 18 The waivers from local law requested and granted are attached. All other regulations remain in full force Page -9- 19. 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. 20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment a construction mitigation plan that shall include, but not be limited to, measures to control erosion and sedimentation, tree and brush clearing, grading and general site mitigation measure. Page -10- C. Q e. f. Q The term of the lease or rental agreement shall be for a term of not less than six (6) months; The occupancy of the unit shall be for not more than two (2) unrelated people; 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 A copy of the lease or rental agreement shall Unit owners. Leasing or renting of the affordable units shall by the provisions of the Regulatory Agree 3. Valley Realty Development, LLC will develop a preference poli n outside the affordable Department' of Housing and ivo ,k with the Town of North ring agency Citizens' Housing 5. Tw6nt9.fiv,'O,Oercent:(25%),of,-,-t.he total units in the Project shall be available for purchase by persons whose income is no more than 80%'''of the area median as determined by the U.S. Department of Housing and Urban Development-ln addition, the seven (7) additional affordable one bedroom units of the applicant's choosing which. are to be provided at Upper Meadows/Oakridge Common also 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 total number of affordable units equals 27.78%. These affordable units shall be mixed with and indistinguishable from market value units throughout the buildings in the project. Beforeany,unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals theee-proposed form of Deed Rider to be attached to and recorded with the Deed for each and every affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each Page -11- unit in accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184 §§ 31-33. Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals, the Applicant shall use its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event that the Department of Housing and Community Development (formerly the Executive Office of Communities and Development, EOCD) ("DHCD") is required by law to approve but declines to approve the perpetual restriction, the proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and approved by the DHCD, but in no;case less than ninety-nine years as offered by the Applicant. In this event, the Applicant shall;submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to secure approval of the perpetual restriction, the written denial thereof, and the grounds for denial; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal„ m a°form mutually acceptable to counsel for the Applicant and to Town Counsel,:covering-each and everyaffordabib unit in the Project triggered upon the expiration of the affordability period 6. There will be <number> <N> residential buildinc Meadows/Oakridge Common. In addition, seven (7) additional. choosing will be provided in the Upper Meadows/Oakridge Corr parking spaces in the Upper Meadows/Oakridge Common There will be <number> <N> resi Meadows/Maplewood Reserve. There willl:, Meadows/Maplewood Reserve. The overall pa The total number of 7. Valley Realty Development, tial buildings c a total of <NN 75 (68 %plus 7) for an overall ratio of 27.78%. provide handicapped accessible curb cuts at all locations where sidewall s cross over,streets onthe entire site. Page -12- code. 11. All buildings will be equipped with a sprinkler system as per State regulations and building 12. Valley Realty Development, LLC has filed two Notices of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations, with the Conservation Commission. <describe> drainage and utility issues, including, but not limited to gas, sewer, water;_etc.' ' 16. Cross connection details and proper backflow information regarding, water. tie-ins and the type and size of water services will be provided and approved by the North Andover Department of Public Works; such approval shall not be unreasonably withheld and shall be.:issued in. a'timely fashion. 19 Drawings and specifications of the sewer pumping station design will be submitted to the North Andover Department of Public Works for review; such review and approval shall not be unreasonably withheld and shall be issued in,,a, timely fashion. 20 All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. Page -13- 21. Screening and landscaping shall be substantially in compliance with a landscaping submitted on with the plans provided. 22. A drainage system maintenance manual shall be provided. 24. This comprehensive permit is conditional on the Applicant obtaining fee simple interest in the real estate. 25. Whenever residents of the Project are eligible for discharge students at the community building at Upper ................... 26. The Applicant will provide a connection to the Har( Meadows/Maplewood Reserve in the proximity of the community ba State Forest and the site will be identified with, markings and Massachusetts Department of Environmental Management 27. Prior to the commencement of`construction,; the Apr to be determined cover the cost of"theroadopening rtment of :ant will post security in the amount , in the form of a letter of credit, to 29 The Applicant will install an 8" dry sewer line from a point on the property line in the vicinity of Sharpener's Pond Road: to a manhole behind building #<n>, the purpose of which is to serve future development of land on Sharpener's Pond Road owned, as of this date, by the Town of North Andover. The future cost ``of connection to this line as well as any ancillary costs will be borne by the Town of North Andover. No parcels or lots, other than what are expressly described herein as owned by the Town, shall Page -14- be tied to this line without the permission of the Applicant or the owner's association. In addition, any increase in the size of the line or the size of the pumping station which may be required as a result of the development of the Town owned parcel(s) herein described, shall be borne by the Town of North Andover. Page -15- Approved Waivers to the By -Laws and Regulations in Effect in the Town of North Andover For the Approved 270 Unit Residential Housing Project To be known as The Meadows (now known as "OAKRIDGE COMMON" and "MAPLEWOOD RESERVE') at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by <engineer's name>, including sheets <numbers> dated <date> and plans and drawings prepared by GSD Associates, including sheets <numbers> dated <date> submitted and based upon the Zoning Bylaw as amended through ahe Annual Town Meeting of <date>, which was approved by the Attorney General on <date>, posted <date>, and the Special Town Meeting of <date>, the following zoning waivers are granted: Valley Realty Development, LLC has received a Project Affordability fitter from Wainwright Bank as a participating lender in the Federal Home Loan Bank's New England Fund, which is a federally subsidized fund, to develop and construct 294 units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the project affordability letter, the proposed. project has been revised to a total of 270 units of housing, of which 25% or, 68 units�are to be set;aside'as affordable housing under the minimum state guidelines. An additional=sevem(7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows%Oakridge Common,, for a total of 75 affordable units or 27.78%. The proposed project is located at 2357 Turnpike Street in North Andole.r. The site is presently occupied by a number of kennels, fenced dog runs, and residential structures,;.however, the majority of the site is vacant and unbuilt. The new use, which will be known as Oakridge Common and Maplewood Reserve, will involve the demolition of the existing buildings and the rconstruction of a total of <n> residential, common, utility and garage buildings and related parking areas as indicated on the site plan. The site is located in two zoning distncts,.-Industrial 1' (I-1) and Residential 2 (R-2). Multi -family dwellings are not allowed by right in I-1 andr;R 2 districts. In addition A" market rate and affordable housing, Valley Realty Development, LLC will also provide <NNN> parking spaces including garages, and landscape the site. The proposed affordable'housing wil'It6q0ire'the following waivers from the North Andover Zoning By -Law. Waivers Required from the Zoning Bylaw Based on <final> site plans dated' <date> prepared by <name> and based upon the Zoning Bylaw as amended Ifirouah the Annual Town Meeting of <date>, the project requires the following waivers. A Waiver is requested from this section where the regulations vary and/or in conflict with the regulations as provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts, which shall govern this application, where they are in conflict Page -16- 2. Section 4 - Buildings and Uses Permitted: A Waiver from Section 4.1.1.1 is required which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit. A waiver from this section is required since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. The waiver shall state that a multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is required which states: When a zoning disfrict boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth h this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit,. be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angleto such boundary) into the lesser part by area of such lot so divided. A waiver is required from this section in its entirety. This section could be interpreted to apply the this project in that the project, is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is required which states: No private or pubhc`(1985/20) way giving access to a building or use or not permitted in a residential district shall be laid:out or constructed so as to pass through a residential district. A waiver from this section by deletion of it entirely is required to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is required Ywhich states: One family dwelling, but not to exceed one dwelling on anyone lot. A waiver frorri,this section,is required.to allow multi -family residential uses since the project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage, buildings and community buildings located within an R-2 and 1-1 district. Waiver shalfinclude the ability to;have multiple building and multifamily development in this zoning district. „ 6. A Waiver frorn Section 4 121 7, is,required which states: Swimming pools in excess of two (2) feet deep shall be considered'Ostructure.and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) ,foot setback from side'and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. A waiver from this section is required to allow the development of community building(s) with pool(s) located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 which states: Any accessory use customarily not incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or Page -17- offensive to the neighborhood. A waiver from this section is required insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is required insofar as residential multi -family housing is not allowed in an 1-1 zoning district. 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A waiver is requested from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this project as indicated on the site plan. 17. A Waiver from Section 8.1.2 listing of Uses and Minimum Spaces Required for Off -Street Parking. This waiver is required to allow for the parking ratios indicated on the site plan with respect to the community building(s). 18. A waiver from Section 8.1.7 is required which reads: A parking space shall mean: an area of not less than 9'x18, accessible over an unobstructed driveway not less than 25 wida..A waiver from this section to allow for driveways of 24' wide and 20' wide as ihdicated on the site,plan: 19. A waiver from Sections 8.1.8 is required which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section in its entirety is required in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.9 is required which reads: In all residential, ricts: the front yard shall not be used for parking for accessory uses. A waiver from this section it its entirety is required in as much as this section could be construed to prohibit parkmg,as indicated' on the site plan. 21. A waiver from Section 8.1.10 is required which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and on"e (1),,boat per dwelling may be permitted in an area to the rear of the frontline of the building,. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver'from this section in its entirety is required in as much as this section could be construed to prohibit parking as indicated on the site plan. 22. A waiver from Section 8.1.14 is;required which reads: One (1) handicapped parking space shall be provided for e'Voery_.26 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated `by a ground mounted sign and pavement markings. A waiver from this section in its entirety _to.allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 23. A wa►V,er from Section 8.3 Site Plan Review in its entirety is required in as much as this project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 24. Awaiver from;Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial''Districts (1987/12) is required. A waiver is required from this section in as much as this section could be construed to be applicable to this project. Page -21- 25. 26 27. M 29 30 31. 32 33. A waiver from Section 8.5 Planned Residential Development (PRD) is required in its entirety since this project is regulated by the requirements under a Comprehensive Permit (Chapter 4013) and are exempt from such review. A waiver from Section 8.7 Growth Management is required in its entirety in as much as this section could be construed to hinder the development of this project. A Waiver from Section 8.10 Lot/Slope Requirements is required in its entirety in as much;as this section could be construed to be applicable to this project. A waiver is required insofar as this section may be construed to hinder the development as indicated on the site,plan Section 10 -Administration: A waiver from Section 10.3 Special Permit is required in its entirety in as much as this'secti'h'could be construed to be applicable to this project. References are, madelAo, various special) perm; t. granting authorities that are in conflict with the requirements :under a Comprehensive Perrri# (Chapter 4013) and are exempt from such review. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is required in its entirety in as much as this section could be construed to be applicable to this project This project is -not located in an I -S district and this project is being submitted under the requirements of a Comprehensive Permit Page -22- lents for cash bonds related to this led in the amount to be determined if a letter of credit to cover the cost V 34. Fees A waiver from all fees from all boards, commissions, and departments of the Town of North Andover is requested for the 27.78% of the total units which will be set aside for affordable housing, including but not limited to application fee, water and sewer connection fees, sewer mitigation fees, etc. the Applicant will not request such waiver from building permit fees. Such waived fees will be credited to the Applicant. GADATA\V Page -23- V�o Microsoft Word - COC, 2170 Turnpike St, 242-1 02-12-03 12:48 HP OfficeJet Personal printer/haxlCopier Fax Log Report Dec -10-02 11:04 Last Fax Identification RO& Pages Tyke Date Time Duration piagnustic 89783276544 OK 02 Sent Dec -10 11:01 00:00:45 002582030022 1.2.0 2.8 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William V. Dolan Chief of Department Edward J. Morgan Deputy Chief •: "'°�-' To: Mr. William Sullivan Chairman Zoning Board of Appeals From: Fire Chief Dolan Re:Northpoint Realty — the "Meadows" project Date: 22 November 2002 Telephone (978) 688-9593 FAX (978) 688-9594 I have talked to representatives of Northpoint Realty and they have proposed new manes for the streets in the project to replace those originally selected to eliminate confusion for responders. The names they have selected are Maplewood Reserve, which replaces the proposed "Parker Common" and Oak Ridge Village, which replaces the proposed "Parker Reserve". Relative to our previous comment regarding access to the Meadow's facilities for training of residents, we would expect to need to utilize this location on a semi-annual basis. This recommendation was approved by Northpoint Realty and should continue as a service to the residents as part of any condominium association agreements. The last matter is in regard to approval for the possible use of the roof of the largest building for a repeater antenna and equipment for fire department. We presently are not actively pursuing this location for a repeater site but due to the proposed height of the building it could be a possible location. Currently there are no repeaters in this area and radio communications can be poor. We would ask that if we were to review this site for possible use that it is provided without charge, since the improved radio communications would enhance our ability to serve the residents of the complex. Please contact me if there are any questions relative to these matters. %V"Va, William V. Dolan Fire Chief Cc: Gerry -Lynn Darcy, Northpoint Realty Richard Boetcher Communications Supervisor Tim Willett, Water Sewer Superintendent Kathy McKenna, Town Planner Lt. Andrew Melnikas, Fire Prevention Officer NOV 2 5 2002 BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: k",e e " lke r FAX NUMBER: c�74—e� 0�7— 6,5 V�L FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: SUBJECT: G1. a" REMARKS: Board of Appeals 688-9541 Building 688-9.545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Personal Printer/Fax/Copier Last Fax Fax Log Report Nov -26-02 09:56 Identification Result Pages Tv w Date Time Duration Diagnostic 89783276544 OK 04 Sent Nov -26 09:54 00:01:11 002582030022 ].2.0 2.8 School GEOGRADhiCS Tdq)howE: 9 78.9 7 5.16 6 6 November 19, 2002 Mr. William Sullivan 405 Salem Street North Andover MA 01845 Dear Mr. Sullivan: 95 CANdlesdck Road, Nowh Awdovm MA 0184 5 Fax 978.975.0858 Iwffe*r. wwwsdioolgEo.com I have made the two changes you requested at our telephone conversation on Monday, November 18. Specifically, the first is to add Woodridge Homes of North Andover to the analysis making the total number of properties fifteen. Secondly, the number of units associated with the `Nassar 90' property is increased from `9' to `30', excluding the three commercial units. A copy of the presentation marked `Revised 11/18/02' is enclosed with this letter for your consideration. In the course of making these changes the total number of students in the analysis was verified to be 468 as represented and there are no non-public school students included in that number. As you and I discussed on the phone, the Woodridge property is a unique facility in the town that does not correlate well with the proposed development in parameters other than the total number of units. Please call me at 978.975.1666 if you have any additional questions. I am... Respectfully yours, Crai S. Mitchell President cc: Gerry -Lynn Darcy, NorthPoint Realty Development, LLP CSM/rs E C N � Y D NOV Z 5 2002 OSTER%Nf) EXCEIIENCE IN SCIiOOI TRANSPORTATION & STUdENT A55igNMENT BOARD OF APPEALS N S N 00 '-r .A z I Wi N O O N N .Q 0 z d .0 L V d E O W ................................................. W N Q O.O.. ......... U)CDCO�oNQ-oo .... ....................................................... 00 W W Wp C9J LU JQp IT LO M _ € O •- N C v =1— RYe0w N D p 0atN0U)IxV� UJ r^� 00NI�t70�c4 ONO000 w�QQ ZmaOf-0 - V- m= W ' NN MLOOCDt--NN 000000 4 W0 IV � rM e- co c7 0 tA 0 0 0 T- 0 0 im IT V- BW : ............... .......................................... ........... ............................. ......................... ........... ............................................ ....................... : g cc z 0 N W Q z W W W N UJ UWU' OW m 2 �tcOCDOPO� OC�OMOO OE? Ise-NOi�� OtOO�A00 'f'�'? 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N M 0 h CO O1 V- I A I o 0 0 0 0�U) o o o II d' e0 a!! 00 O CO M O T- O I -eO O O N ey- O O O O O O V- r - W o 0 0 o co O O c O o N d H N 1W - W Q E H W J = V W W WIL W O V z lz 0 Z J W W O J J Q O O Z Z Z Q N Z 1- F- Q Z V. N M 0 h CO O1 V- I A I ►i c (V< O J U3 A S s V N � 96 C �ti ® �n ¢ g O CD X (n M� Z Q 0 v 0 O O O O O O M Of O O O O Q O O O O O N © O N to d V g o O 0 O 0 O 0 O 0 O Q 0 O %A E$ o o o o 0 W o C O O O O V, N � O �. N 0 N e- O O O IL Z LU � N aJ (W' o L �_ > o Z O J V Lu FN- z J 0 CIM . Z a o LU a a w N F- r N M Q �A c (V< O J U3 A S s V N � 96 C �ti ® �n ¢ g O CD X (n M� Z Q 0 I 11/22/2002 10:56 9784702690 NORTH ATLANTIC PAGE 01 im""r�rutNT REAL�TjY DEVELOPMENT So V Tpow Normpolnr A.O. Box 907 North Anclovec MA 01845 Phone: 978-327-6540. ext. 11 Fax: 978-327-6544 www_narthpolniIIe.tom Rea £ware Cansutrhg Land Planning and Developmo V CommerGW Development . SouthpoinT 1020 Miramar Drive Devoy Beach. FL 33483 Phone: 561-272-9958 Fox: 561-272-894T www. southpolnfllC.COm 61-1( VIliUAN Co>Dnpaay:N3_` r 4 From/: GO L N 7 Fax: Pages: Subject: Date: i I aa -1 C) -4), MESSAGE: These documents accompanying this facsimile contain information from the offices of Northpoint Realty Development, which is confidcutial or privileged. Tbc information is intended to be for the use of the individual or entity named on this transmission. Please call the above if you received this transmission in error. 11/22/2002 10:56 9784702690 NORTH ATLANTIC PAGE 02 Northpoint Realty Development P.O. Box 907 North Andover, MA o1845 (978) 327-6540 November 22, 2002 Mr. Stephen Manning Town. of North Andover Open. Space Committee 27 Charles Street N Andover, MA 01845 Re: "The Meadows" — Trails/ Open Space Dear Stephen: Southpoint Realty Development lozo Miramar Drive Delray Beach, FL 33483 (561) 272-9958 In response to your memo dated October 29, 20021 would like to set forth our intentions with respect to the proposed development of "The Meadows" as it relates to the issues of open space and trails. After meeting with DEM representatives and the legal staff for our development team it has been decided that we will make every effoit to provide a1ink to the State Forest (Harold Parker State Forest) in the location of the of the community building proposed for the lower meadow. Unfortunately, we will be unable to provide public parking due to the serious risk and liability it would present for the future condominium association. We will, however, provide the necessary access easements on the plan where the connection will be established. The State Forest most likely will install a bulletin board of sorts for posting information at the entrance at the entrance of their property, however we will not have sufficient room to place a kiosk at the designated link due to a proposed play area in this location_ We do intend on placing a conservation restriction on a large portion of the property abutting the Forest for the benefit of the North Atidover Conservation Commission which will be a great addition to the Town's open space. Lastly, per the request of DEM we will place signage and steel pins to designate the rear property line between our property and the Forest. Please contact me should you have any questions. Respectfully yours, *Project eal Development, LLC ly anger e Andrew Bachman, Irene DelBono, Tom Laudani, Robert Levy, R. Nieetta, K .Pollastrino, J. ( Parrino, G. Smith, W. Sullivan NOV 2 5 2002 U BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 �RSSACHU$ D. Robert Nicetta Telephone (978) 688-9541 Building Comniissioner- Fax(978)688-9542 FAX TRANSMISSION TO: ae ,, - .J v _1 FAXNUMBER: 17� r 3017`" 6.5_ V Y FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: ) /— /4 0a SUBJECT: 09,(-� Aod2aL JLi'( imu'm' 7 REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 kk Trails & Open Space To: List From: Stephen Manning NA Trails & Open Space Committee Date: 10/29/2002 NATO North Andover Conservation Sub -Committee Subject: Trails & Open Space Review: "The Meadows" The North Andover Trails Committee has reviewed the development plans and has determined the only significant linkage potential is with Harold Parker State Forest. Our recommendations are as follows: 1) A trailhead should be established adjacent to the State Park property. Location to be determined by North Andover Trails Committee and/or Mass DEM Personnel. 2) A parking area (6 vehicle minimum) should be located in close proximity to trailhead established in Item 1 above. 3) A kiosk should be constructed at the trailhead for posting of information relative to the rules and regulations, plant species, and wildlife information. 4) Constructions of an access trail that links with existing trails on State Park property. Permission from the Mass DEM is required and is being pursued by the North Andover Trails Committee. Either State Forest personnel or members of the North Andover Trails Committee (or both) will locate and flag the new trail. Members of the North Andover Trails Committee will perform maintenance of this trail. Regards, Steve Manning CC: Julie Parrino (Conservation Administrator) Alison McKay (Assistant Conservation Administrator Heidi Griffin (Community Development Director) Heidi Griffin (Planning) Walter Soule (Zoning Board) v' Wendy Wakeman (Board of Selectman) NOV 1 0 2002 _1 BOARD PPA e.Smeadows 11/18/02 S. Manning Manning r, r Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: FAX NUMBER: q 7,q -j 1 -7 FROM: Tower of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-58&9542 PHONE: 978-688..9541 DATE-- SUBJECT: ATESUBlEC : �1 V " l �f F e ►/�P UPyl !a �S �, wr 9 TP NUMBER OF PAGES: Telephone (978) 688_9541 Fax (978) 688-9542 3OARD OF APPEALS 688-9541 BLTILDINTG 688-9545 CON'SERVATIONT 688-9530 HEALTH 688-95-40 PLANNING 688-9535 HP OfficeJet Personal Printer/Fax/Copier Last Fax Fax Log Report Nov -14-02 14:15 Identification Result Pages !3Tp Date Time Duration Diagnostic 89783276544 OK 03 Sent Nov -14 14:14 00:00:48 002582030022 1.2.0 2.8 W --J V V.L DIVISION OF iii JR1.IC-' W0R.K ,oa ne,1--nnn e'rnrr r �V'T VVMVVu yaaWJ:.a ' LTP1T2'TTT 1dACCAtITITTCL"M•C A10AG 11 AAA IN WA\ A to f1LVAAW TA.U%q LYA/lJJlI�AAV L7L.i l AJ VAO'tJ .d.7V7 7'—_-LL..l 117:11-u 1 (7rEV(74y ✓. II (((G(( ►Tuic� aii�rriiciricu'e!a December 911 2002 MS. jeMY T urm Tlave-w J a.>...a —. -., iiG-t h mutt REaI Y Vomv P.O. Box 907 North Andover; MA 01845 RE: The Meadows 40B Site Dear ii S. Da�it: _T, WF ET.TAM IVTi 1RC AYC. TURPPTAR. P.P. ., 7671 pW tir FaA tvv&o T° pt[.1. PNnnA iC ' J<rcr�iwnr Trio/ vo�-v»v TUF (Yio/ voo-Y,r/� 4 As you are aware, a new water main will be extended approximately 4000 feet down Turnpike Street starting at Palomino Drive to the proposed subdivision known as the Meadows. The nearest hydrant flow test was conducted on Turnpike Street at Berry Street on 4/30/97 with the . following results. Static Pressure ResadurJ Pressure Flawrate 98 PSI 72 PSI 167 Minimum static pressure and hydrant flowrates for proposed Subdivisions are 35 PSI and 500 GPM respectively. While there may be some decrease in hydrant flowrates and pressure due to friction losses and elevation changes along the new main as water flows to the subdivision, the above data are high enough to predict that there will be sufficient water pressure and hydrant flowmtes. Very truly yoms, 1� Timothy lett 'Water a ewer Superintendent CC: Bill l irnurciak Bel Sulliva;A, ZBA DEC 9 w 2002 Di BOARD OF APPEALS lliVi ✓ rF cisrst Mai eF aiij3erSir- iirrKira6 December 9, 2002 T)TVINION OF P1 I.R.I.If" WORKS '1oa ncr_ncin.e rnrs~r JVT VVVW,L 411 L\LiL"+L " t L'fY71AYIVD 1kA:A.00Al+LI!T=TTC-A70A[ AAAA ��iVlli rL til�IL�V Y lily 1�L'l1JJAli11V JLi. L 1 J �l/l Q7J L7V7 J. iTliT'T TAM NMi1_.JT3_f_.ZA .IiiREPCTOIRR P.R. Ar:eyri ric tir'oj V0j- q3V� Ru u in Of .re+n 573 r'u,� tr7o/ voo-s�.�i� Ms. rte„ L,yrm Tuve-w rwvJ ' North Dint Realty CUP Date r_0. BoX 9377671 ' ROSt-ii' t' Fmm -Tt 14 j North Andover, MA 01$45 sa �tcL 5""VI A4 ` RE: The Meatdows 40B Site' Fax # Fax DE:a7 Ms. I3arcy:: ' As you are aware, a new water main will be extended approximately 4000 feet down Turnpike Street starting at Palomino Drive to the proposed subdivision known as the Meadows. The nearest hydrant flow test was conducted on Turnpile Street at Berry Street on 4/34/97 with the . following results. Static Pressure ResddurJ Pregure Flawrate 99 PSI' 72 PSI 1670 GPM Minimum static pressure and hydrant flowrates for proposed subdivisions are 35 PST and 500 CPM respectively. While there may be some decrease in hydrant flowrates and pressure due to friction loses and elevation changes along the new main as water flows to the subdivision, the above data are high enough to predict that there will be sufficient water pressor and hydrant flowrates. very truly yours, Timothy illett Water & ewer Superintendent CC: Bill Imurciak Bill Sullivan, ZDA DEC 9 IOO U, 1 BARD Or APPEALS 1L/V`P/UL Biuly lO:JV rAi y/a esaa `JSlJ 1VVxln AiVyUYxx llYrt "1`UWtV VJh A�i4lKi't1 1[v J@:R DIVISION OF P1 1,RLIC WOR_K.%' '30A r%Cr_nnn a jR,3MC t- d V'7 V V veva+ y a u.a.:a 1LZ- VX~VJL lAr7JAVj uTVli L i J ViQ'fV ir7V7 i_ WUR:T TAM NMi_JR1CLjk C TM RIP CTM P F, TL aL.✓, .1 511..11-�. i (lrtiJtny rr uier` iii�crliiir►iuriis December 9, 2002 i71.C,. trMl T " n no . 1 oe4C4 t Maltf (.Oiy P.O. Box 907 North Andover, MA 01845 RE: The Meadows 40B Site .'-� a 7671 pOSt it' 1--a-A, +w+ _. F° 13i(lL IV �V a�' COJOePL 'f g PNnnA # 100011 Dir Ms. L>ic�:. As you are aware, a new water main will be extended approximately 40' 00 %et down Turnpike Street starting at palomino Drive to the proposed subdivision known as the Meadows. The nearest hydrant flow test was conducted on Turnpike Street at Berry Street on 4/30/97 with the following results. Static Pressure Residual Pre3sure flawrate 98 PSI 72 PSI 1670 M Minimum static pressure and hydrant ROMMtes for proposed subdivisions are 3S PST and 500 GPM respectively. While there may be some decrease in hydrant flowrates and pressure due to friction losses and elevation changes along the new main as water flows to the subdivision, the above data are high enough to predict that there will be sufficient water pressure and hydrant flow aces. Very truly yours, l TimothyPlett'Water &perintendent CC: Bill 14—mjrci, k Bill Se"i ran, ZBA �1�rW,1« Oil DEC 9 - 2002 BOARD OF APPEALS