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HomeMy WebLinkAboutMiscellaneous - Exception (588)ti Decision on Comprehensive Permit Application Valley Realty Development, LLC 231 Sutton Street, Suite 2E North Andover, MA 01845 Petition No. 2002-31 PROCEDURAL HISTORY Valley Realty Development, LLC, ("The Applicant"), is seeking a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 through 23, to construct 270 units of condominium housing of which 25% or 68 shall be set aside as "affordable," in the Residential 2 and Industrial 1 zoning districts, located at 2357 Turnpike Street, North Andover, MA 01845, ("the Property"). The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11, 2002 at 1:30pm. The Town of North Andover Zoning Board of Appeals, after publication in The Eagle -Tribune on June 24, 2002 and July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley; Ellen P. McIntyre; and Scott A. Karpinski. Robert Ford (Clerk), John Pallone, and Joseph D. Lagrasse were excused. A waiver for time extension was signed at the August 13, 2002 North Andover Zoning Board of Appeals hearing by Thomas D. Laudani, Manager for Valley Realty Development, LLC, for the Comprehensive Permit Application to be continued and heard at a regular hearing to be held on September 10, 2002 at 7:30 p.m.; an additional waiver for a time extension was signed on that date and also on hearing dates of October 15, 2002, October 22, 2002, October 29, 2002 and November 12, 2002. At the July 9, 2002 North Andover Zoning Board of Appeals hearing, and at subsequent hearings held to continue the public hearing, the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development, LLC, 231 Sutton Street Suite 2E -F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin & Mellott, LLC, Attorneys at Law, One International Place, 181h 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 204, North 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. 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 December 10, 2002. The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the following submissions which include, but are not limited to, the following materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a Comprehensive Permit. 1. - Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; Page 1 of 19 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; 3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover Zoning Board of Appeals, August 13, 2002, with subsequent revisions; 4. Exhibit D: Certificate of Legal Existence of Applicant; 5. Exhibit E: Certified List of Abutters; 6. Exhibit F: Sample Regulatory Agreement and Deed Rider; 7. Exhibit G: Student Residential Patterns, North Andover, MA prepared by School Geographics, Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc. dated June 3, 2002 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 Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002, which are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the North 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 December 10, 2002, the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT SENDER CONTENT/NOTES 8 08/02/02 Gerry -Lynn Darcy Valley Tim Willett, N.A. DPW Hydrant Flow Test Realty Development, LLC 9 08/12/02 Mark Rees, Town Manager Bernice Fink, N.A. Finance Committee General 10 09/10/02 ZBA - William Sullivan 11 08/08/02 ZBA 12 09/30/02 Secretary Durand 13 08/12/02 Heidi Griffin 14 07/19/02 Board of Appeals 15 11/22/02 ZBA - William Sullivan 16 08/07/02 ZBA Chairman 17 08/09/02 ZBA 18 08/05/02 ZBA - William Sullivan 19 08/08/02 ZBA Valley Realty Development, LLC Julie Parrino, N.A. Con. Comm. Applicant's Response to Bernice Fink's Memo Preliminary Review J. Lionel Lucien, Manager Mass Highway Commentary Richard Stanley, N.A. Police Dept. Public Safety Review Lt. Melnikas, N.A. Fire Dept. Chief J. Dolan, N.A. Fire Dept. Sandra Starr, N.A. Public Health N.A. Board of Selectman Robert Beshara, N.A. DPW Clayton Mitchell, Town Planner Preliminary Review Final Acceptance of Terms and Names Preliminary Comments Preliminary Comments Preliminary Review Preliminary Comments 20 09/10/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Comments from Dept. Heads Page 2 of 19 21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture 22 09/12/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Joseph Lagrasse Memo 23 10/22/02 ZBA - Walter Soule Susan Dennett General Comments 24 10/28/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Susan Dennett 25 10/29/02 ZBA - William Sullivan Ira Singer, Town of Middleton Preliminary Review 26 11/07/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Ira Singer's Review 27 10/28/02 ZBA - William Sullivan Joseph Lagrasse Additional Comments 28 11/12/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Joseph Lagrasse Comments 29 08/07/02 ZBA - William Sullivan Paul Kelly Citizen Comments 30 11/11/02 ZBA - William Sullivan Valley Realty Development, LLC Our Response to Paul Kelly's Comments 31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request 32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop 33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9 - Lot 1 34 08/12/02 ZBA - Abutters List for North Assessors Office Map 108C Parcel 33, 38, 39 Andover 35 08/30/02 MEPA Valley Realty Development, LLC Expanded Environmental Notification Form 36 08/30/02 ZBA / MEPA DJK Associates, Inc. Traffic Impact and Access Study 37 10/02/02 Robert Nicetta, Building VHB, Andrew Ogilvie Peer Engineering Review Commissioner 38 10/10/02 ZBA DJK Associates, Inc. GAP Study Trip Generations 39 12/09/02 Gerry -Lynn Darcy, Valley Realty J. William Hmurciak, Dir. DPW Letter regarding hydrant flow test Development, LLC In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review of the Traffic Impact and Access Study prepared by DJK Associates, Inc. on behalf of the Applicant. This review was paid for from funds received from the Applicant for this purpose. The premises and site affected are known as 2357 Turnpike Street, North Andover, Massachusetts. The site consists of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be extended to 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 shall have 36 units each; Buildings 1 and 2 shall have basement storage. Building 4 shall have 84 units and a 121 car garage; Lower Meadows - 78 three bedroom townhouse style units in 27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces. Page 3 of 19 The site itself is irregular in shape. Wetlands as defined by the'Wetlands Protection Act MGL Chapter 131 Section 40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations, with the Conservation Commission on August 28, 2002, DEP File Number 242-1169, for work to take place on the Property; and will file a Notice of Intent with the Conservation Commission for work to take place in the public right of way along Route 114 for the installation of utilities. The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows and Florence Meadows, Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349. 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 #250098-0012C dated June 2, 1993 indicates that the parcel is largely located in Zone C with a small portion in Zone A. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank, a participating lender with an office in Boston, Massachusetts. Wainwright Bank reviewed the Application and issued a Project Eligibility Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals Committee in Stuborn Ltd. Partnership v. Barnstable Bd. of Appeals, No. 98-01 (Decision March 5, 1999), the NewEngland Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from Dominic Terranova, Esq., who represented Nomid Trust, Joseph DiGrazia, Trustee, an abutter, and Jay Willis, Esq., Alfred J. Morrison, also an abutter. In addition, various members of the North Andover Zoning Board of Appeals questioned the financial impact of the proposed Project on the Town of North Andover, specifically with respect to the impact on the public school system. As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural Resources Defense Council called Developments and Dollars - an Introduction to Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L. Siegel of Public -and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at the 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. On August 30, 2002, the Applicant submitted an Expanded Environmental Notification Form (EENF) to the Secretary of the Executive Office of Environmental Affairs, Robert Durand, to initiate the Massachusetts Environmental Policy Act (MEPA) review of the proposed Project. Upon completion of the review, the Secretary issued a Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874, on October 31, 2002, which required that an Environmental Impact Report (EIR) be provided. In the course of the public hearing, the North Andover Zoning Board of Appeals expressed concern regarding access to the Lower Meadows site from Route 114. In response to this concern, the Applicant has agreed to investigate the creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The Applicant has stated that in order to create a deceleration lane, it will need permission and an easement from the Owner of the adjacent property to relocate a driveway and permission from the Massachusetts Highway Department to alter Route 114. A letter dated October 29, 2002 was received from Ira Singer, Town Administrator, Town of.Middleton, expressing his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant submitted a response prepared by its traffic consultant, DJK Associates, Inc. to the North Andover Zoning Board of Appeals on November 7, 2002, a copy of which was also sent to Mr. Singer. In this response was included a copy of a letter dated September 30, 2002 from the Massachusetts Highway Department to the Secretary of the Executive Office of Environmental Affairs, Robert Durand, in which it is stated that "the Expanded ENF included a traffic study performed Page 4 of 19 in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project, and we recommend that no further environmental review be required based on traffic issues." In the course of the public hearing , 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 name "Oakridge Village" for the Upper Meadows and "Maplewood Reserve" for the Lower Meadows to both the Fire Department and the Police Department, which approved the selection. The Project has been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used in conjunction with the new names. In addition, the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to work with the Fire Department on meeting their requests. In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup, the Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two locations for trash dumpters in the Upper Meadows/Oakridge Village, and private curbside trash pickup in the Lower Meadows/Maplewood Reserve. The Applicant has chosen the Citizens' Housing and Planning Association (CHAPA), as the agency to monitor the resale of the affordable units. The Applicant has agreed with CHAPA for these services and shall sign a contract with them to this effect. FINDINGS 1. The Applicant. The Applicant, Valley Realty Development, LLC, is a "limited dividend organization" as that term is used on M.G.L. Chap. 40B § 21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization, the Project is fundable by the Federal Home Loan 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 the Applicant has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust, the present owner. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B § 20 or 760 CMR 31.04. 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 Village site, including forty- five (45) one bedroom units, one hundred forty-seven (147) two bedroom units and a total of 428 parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site, and a total of two hundred thirty four (234) parking spaces with related improvements. The Project's new name is Oakridge Village (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housing to be Provided. Twenty-five per cent (25%) of the units or 68 (sixty-eight) units shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B § 20. Seven (7) additional affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village. The final number of afford able units shall be 75 or 27.78% of the total. The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years from the date of this Decision, or, in the event of approval of the affordability restriction by Massachusetts Department of Housing and Community Development, in perpetuity or such otherterm contained in such restriction, as specified in the Conditions to this Decision. Page 5 of 19 5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant, VHB, with respect to traffic issues. 6. Support by Town Board and Agencies. During the course of the public hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works, the Police Department, the Fire Department, the Conservation Commission, the Planning Board, and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding issues. 7. Waivers Granted. As part of its application for a comprehensive permit, the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that these waivers, included herein as revised, are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4-0 (four to zero) vote of the North Andover Zoning Board of Appeals taken on January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following conditions. 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 modification to this Comprehensive Permit, after notice and hearing by law. The following plans were prepared for the Applicant: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates, Inc. SP -2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental, Inc. -Mass. CAA EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental, Inc. -Mass. C-1 B EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental, Inc. -Mass. CAC EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental, Inc. -Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental, Inc. -Mass. C -2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental, Inc. -Mass. C -2D EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental, Inc. -Mass. C -2E STORM WATER COLLECTION SYSTEM DETAILS 12/03/02 1 GZA GeoEnvironmental, Inc. -Mass. C -3A UTILITY PLAN 12/06/02 Page 6 of 19 m GZA GeoEnvironmental. Inc. -Mass. C-313 n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 p GSD Associates, Inc. SP -3-1 q GSD Associates, Inc. r GSD Associates. Inc. s GSD Associates, Inc. t GSD Associates, Inc. u GSD Associates, Inc. v GSD Associates, Inc. w GSD Associates, Inc. x GSD Associates, Inc. y GSD Associates, Inc. z GSD Associates, Inc. as GSD Associates. Inc. ab GSD Associates, Inc. ac GSD Associates, Inc. SP -3-2 SP -3-3 SP -3-4 UTILITY PLAN UTILITY PLAN PRELIMINARY SITEPLAN PRELIMINARY SITEPLAN W/ EASEMENTS PARTIAL - SITEPLAN PARTIAL - SITEPLAN PARTIAL - SITEPLAN A1-1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - SCHEMATIC A2-2.2 FLOORPLANS Al -2.1 TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC ELEVATIONS A2-1.1 TYP. 84 UNIT BLDG. FIRST FLOOR PLAN A2-1.2 TYP. 84 UNIT BLDG. SECOND AND THIRD FLOOR PLAN A2-1.3 TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN A2-2.1 TYP. 84 UNIT BLDG. ELEVATIONS A2-2.2 TYP 84 UNIT BLDG. ELEVATIONS A3-1.1 TYP TOWN HOUSE FLOORPLANS A3-2.1 TYP TOWN HOUSE ELEVATIONS A4-1.1 COMMUNITY BLDG. FLOORPLANS 12/06/02 12/06/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 2. All requirements of the New England Fund program as administered by the Federal Home Loan Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds. 3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy (270). The affordable units shall comprise twenty-five per cent (25%) of the total or sixty-eight (68) units which shall be indistinguishable from the outside from the market rate units. The Applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the same as those in the standard market rate units at time of first conveyance. This 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. 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 Village. 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 the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents according Page 7 of 19 to a policy to be developed by the Applicant 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. 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. 8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 9. Before beginning any construction underthis Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a document number or a book and page number shall be provided to the Building Commissioner. 10. A certificate of insurance, naming the Applicant as the named insured, which shall include coverage for general liability in an amount not less than $1,000,000, 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. 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 A final site plan 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. 13. The comprehensive permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by virtue of the granting of the comprehensive permit. 14. The comprehensive permit shall run with the land. 15. The comprehensive permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three (3) years after the later of the date of (a) recording of this Permit by the Applicant with the Essex North Registry of Deeds or (b) the issuance of an Order of Conditions, which is not subject to an appeal or contest. 16. Any substantial deviation from the Project Plan shall require the approval of the North Andover Zoning Board of Appeals, as determined by the Building Commissioner. 17. The Applicant shall not be permitted to receive a building permit (other than for the community building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive goals, based upon review of the form by the monitoring agent to be selected. Page 8 of 19 18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws, rules, and regulations remain in full force and effect. The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 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. 21. To the extent permitted by the law, residents of the Town of North Andover are to be granted a local preference for the affordable units. In no case shall local preference be granted for more than seventy per cent (70%) of the affordable units. 22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and Regulations, 521 CMR. B. SPECIFIC CONDITIONS 1. The Applicant shall be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the property until such time as the organization of unit owners for the condominium assumes those obligations, which shall be stated in the condominium rules and regulations. 2. The Applicant shall develop and sell these units as condominiums and not as rental units. The rules and regulations of the condominium shall contain a provision which is not less restrictive than the following: Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6) months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium; and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited, except as governed by the provisions of the Regulatory Agreement and Deed Rider. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development (DHCD). The Applicant shall work with the Town of North Andover towards this goal. 4. The Applicant shall hire as an outside monitoring agency Citizens' Housing and Planning Association (CHAPA). Page 9 of 19 5. Twenty-five percent (25%) of the 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. In addition, the seven (7) additional affordable one bedroom units of the applicant's choosing which are to be provided at Upper Meadows/Oakridge Village 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 rate units throughout the buildings in the Project. A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals the 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 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, IF PROVIDED; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every affordable unit in the Project effective upon the expiration of the affordability period. 6. There shall be four (4) residential buildings containing 192 units in the Upper Meadows/Oakridge Village plus a community building. In addition, seven (7) additional one bedroom units of the Applicant's choosing shall be provided in the Upper Meadows/Oakridge Village. There shall be a total of 428 parking spaces in the Upper Meadows/Oakridge Village There shall be twenty-seven (27) residential buildings containing 78 units in the Lower Meadows/Maplewood Reserve and a community building. There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per unit. The total number of affordable units shall be 75 (68 plus 7) for an overall ratio of 27.78%. 7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross over streets on the site. 8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge Village as shown on the final revised preliminary plan. The Lower Meadows/Maplewood Reserve will have scheduled curbside trash pickup. plan. The Applicant shall provide snow storage locations on the site as shown on the final revised preliminary 10. There shall be two driveways to the site as shown on the final revised preliminary site plan. 11. There shall be master fire alarm box(es) as required by state code. 12. All buildings shall be equipped with a sprinkler system as per State regulations and building code. 13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for entrance onto Route 114/Turnpike Street before a building permit is issued. Page 10 of 19 14. A fire protection system shall be designed by a licensed fire protection engineer and approved by the North Andover Fire Department. 15. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on- and off-site 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 shall 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. 17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer pumping station, shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost. The sewer pumping station shall remain privately owned. 18. The Applicant shall provide details on the sewer main and sewer services including profiles of the utility to the North Andover Department of Public Works. 19. Drawings and specifications of the sewer conduits, sewer connections, and sewer pumping station design shall be submitted to the North Andover Department of Public Works for review. 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. 21. Screening and landscaping shall be substantially in compliance with the plan provided. 22. A drainage system maintenance manual shall be provided to the North Andover Department of Public Works 23. A report by a Professional Engineer accompanied by certified As -Built plans of the construction of the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works prior to the issuance of any building permit other than a foundation permit or a building permit for the construction of the community building. 24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the Property 25. Whenever residents of the Project are eligible for school busing, the bus shall pick up and discharge students at the community building at Upper Meadows/Oakridge Village only. 26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State Forest and the site shall be identified with markings and small signs. 27. Prior to the commencement of construction, the Applicant shall post security to cover the cost of the road opening within the public right of way, including the water and sewer connections, in the amount to be determined by the North Andover Department of Public Works, in the form of a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals. 28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such signal be installed by the Massachusetts Highway Department, at the intersection with Sharpener's Pond Road. The conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower Meadows/Maplewood Reserve, and shall have a pull box at each end. 29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall contribute an amount equal to the water and sewer connection fees for the 75 affordable units, which is to be placed in the North Page 11 of 19 Andover Department of Public Works "Water Supply Improvement' fund. This amount is to be equal to the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board of Appeals as part of this decision. 30. Upon completion of the project construction and 80% occupancy of the project units, the Applicant shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the "Little Professionals" project, as currently proposed. This study shall be supplied to the North Andover Zoning Board of Appeals for the information. The results of this revised Traffic Impact and Access Study are for informational purposes only. Furthermore, the Applicant shall have no obligation as a result of this study other than the payment to have this study completed. 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 VILLAGE" and "MAPLEWOOD RESERVE") at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by GZA GeoEnvironmental, Inc. -Mass. and plans and drawings prepared by GSD Associates, Inc. including Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C-113 f GZAGeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A h GZA GeoEnvironmental, Inc. -Mass. C-26 i GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmental, Inc. -Mass. C -2D k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-36 n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN EXISTING SITE CONDITIONS 12/03/02 EXISTING CONDITIONS PLAN 12/03/02 EXISTING CONDITIONS PLAN 12/03/02 EXISTING CONDITIONS PLAN 12/03/02 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 STORM WATER COLLECTION SYSTEM DETAILS 12/03/02 UTILITY PLAN 12/06/02 UTILITY PLAN 12/06/02 UTILITY PLAN 12/06/02 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates, Inc. SP -3-1 PRELIMINARY SITEPLAN W/ EASEMENTS 12/03/02 Page 12 of 19 q GSD Associates, Inc. r GSD Associates, Inc. s GSD Associates, Inc. t GSD Associates, Inc. u GSD Associates, Inc. v GSD Associates, Inc. w GSD Associates, Inc. x GSD Associates, Inc. y GSD Associates, Inc. z GSD Associates, Inc. as GSD Associates, Inc. ab GSD Associates, Inc. ac GSD Associates, Inc. SP -3-2 PARTIAL - SITEPLAN 12/03/02 SP -3-3 PARTIAL - SITEPLAN 12/03/02 SP -34 PARTIAL - SITEPLAN 12/03/02 Al -1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - SCHEMATIC 12/03/02 FLOORPLANS A1-2.1 TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC 12/03/02 ELEVATIONS A2-1.1 TYP. 84 UNIT BLDG. FIRST FLOOR PLAN 12/03/02 A2-1.2 TYP. 84 UNIT BLDG. SECOND AND THIRD FLOOR 12/03/02 PLAN A2-1.3 TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02 A2-2.1 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 A2-2.2 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 A3-1.1 TYP TOWN HOUSE FLOORPLANS 12/03/02 A3-2.1 TYP. TOWN HOUSE ELEVATIONS 12/03/02 A4-1.1 COMMUNITY BLDG. FLOORPLANS 12/03/02 and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers described herein are granted. The Applicant has received a Project Affordability Letter 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 seven (7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village, for a total of 75 affordable units or 27.78%. The proposed Project is located at 2357 Turnpike Street in North Andover. 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 shall be known as Oakridge Village and Maplewood Reserve, shall involve the demolition of the existing buildings and the construction of new residential, common, utility and garage buildings and related parking areas as indicated on the site plan. The site is located in two zoning districts, Industrial 1 (1-1) and Residential 2 (R-2). Multi- family dwellings are not allowed by right in 1-1 and R -2 districts. In addition to market rate and affordable housing, the Applicant shall also provide 662 parking spaces, including garages, and landscape the site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By -Law. Page 13 of 19 Waivers Required from the Zoning Bylaw Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the Project is granted the following waivers. Section 1 - Purposes: A Waiver is granted 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. 2. Section 4 - Buildings and Uses Permitted: A Waiver from Section 4.1.1.1 is granted 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 granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in 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 angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted 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 granted which states: No private or public (1985/20) way giving access to s building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. This section is waived in entirely 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 granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted 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 includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are bnclosed 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 granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. Page 14 of 19 7. A Waiver from Section 4.122.18 is granted 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 offensive to the neighborhood. A waiver from this section is granted 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 granted insofar as residential multi -family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming andlor tennis clubs andlor indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev), including a waiver from Footnote 1, page FN1, 10' from the requirement that the first 50' have no parking as the plan shows parking beginning at 40'9" (rounded to 40') from the property line and 60' from the requirement that no building be located less than 100' from Route 114 as Building #1 and Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. 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V V v n T x N .� C A T A T A T V C o o a w CD CD ( QU' C °'_ Cal 0U' w 'o of d '� of g¢ w� a ¢ ¢ w o Q c7 w u N @ c7 U U c N c c7 y > QK ¢ J <12 O U F > > w mU F > w m m ._ z3 z>. z z.>_ a 3 z? z U O D > O o >> >> U o 7 ::) 7 U O 7 0 r N N N N N N N N N O J W m O m m a Section 8, Supplementary Regulations 15. A waiver is granted 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. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18', accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8. 1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 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 is granted 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. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted 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, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted for water and sewer connection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 19]. Page 19 of 19 A Waiver from Section 4.1.1.1 is granted 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 granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in 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 angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted 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 granted which states: No private or public (1985/20) waygiving 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. This section is waived in entirely 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 granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted 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 includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure 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 granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted 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 offensive to the neighborhood. A waiver from this section is granted 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 granted insofar as residential multi -family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiverfrom Footnote 1, page FN1,10' from the requirement that the first 50' have no parking as the plan shows parking beginning at 40'9" (rounded to 40') from the property line and 60' from the requirement that no building be located less than 1 00'from Route 114 as Building #land Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. Page 15 of 19 Section 8, Supplementary Regulations 15. A waiver is granted 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. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiverfrom Section 8.1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 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 is granted 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. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements under Comprehensive Permit (Chapter 40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted 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, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted for water and sewer connection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 19]. Page 19 of 19 Decision on Comprehensive Permit Application Valley Realty Development, LLC 231 Sutton Street, Suite 2E North Andover, MA 01845 Petition No. 2002-31 • 001014_9M M.&10:1611UPS'1 Valley Realty Development, LLC, ("The Applicant"), is seeking a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 through 23, to construct 270 units of condominium housing of which 25% or 68 shall be set aside as "affordable," in the Residential 2 and Industrial 1 zoning districts, located at 2357 Turnpike Street, North Andover, MA 01845, ("the Property"). The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11, 2002 at 1:30pm. The Town of North Andover Zoning Board of Appeals, after publication in The Eagle -Tribune on June 24, 2002 and July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley; Ellen P. McIntyre; and Scott A. Karpinski. Robert Ford (Clerk), John Pallone, and Joseph D. Lagrasse were excused. A waiver for time extension was signed at the August 13, 2002 North Andover Zoning Board of Appeals hearing by Thomas D. Laudani, Manager.for Valley Realty Development, LLC, for the Comprehensive Permit Application to be continued and heard at a regular hearing to be held on September 10, 2002 at 7:30 p.m.; an additional waiver for a time extension was signed on that date and also on hearing dates of October 15, 2002, October 22, 2002, October 29, 2002 and November 12, 2002. At the July 9, 2002 North Andover Zoning Board of Appeals hearing, and at subsequent hearings held to continue the public hearing, the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development, LLC, 231 Sutton Street Suite 2E -F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin & 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 204, North 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. 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 December 10, 2002. The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the following submissions which include, but are not limited to, the following materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a Comprehensive Permit. 1, Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; 3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover Zoning Board of Appeals, August 13, 2002, with subsequent revisions; Page ] of 20 4. Exhibit D: Certificate of Legal Existence of Applicant; 5. Exhibit E: Certified List of Abutters; 6. Exhibit F: Sample Regulatory Agreement and Deed Rider; 7. Exhibit G: Student Residential Patterns, North Andover, MA prepared by School Geographics, Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc. dated June 3, 2002 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 Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002, which are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the North 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 December 17, 2002, the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT SENDER CONTENT/NOTES 8 08/02/02 Gerry -Lynn Darcy Valley Tim Willett, N.A. DPW Hydrant Flow Test Realty Development, LLC 9 08/12/02 Mark Rees, Town Manager Bernice Fink, N.A. Finance Committee General 10 09/10/02 ZBA - William Sullivan 11 08/08/02 ZBA 12 09/30/02 Secretary Durand 13 08/12/02 Heidi Griffin 14 07/19/02 Board of Appeals 15 11/22/02 ZBA -William Sullivan 16 08/07/02 ZBA Chairman 17 08/09/02 ZBA 18 08/05/02 ZBA - William Sullivan 19 08/08/02 ZBA 20 08/21/02 ZBA - William Sullivan 21 09/09/02 ZBA 22 09/12/02 ZBA - William Sullivan 23 10/22/02 ZBA - Walter Soule 24 10/28/02 ZBA - William Sullivan Valley Realty Development, LLC Julie Parrino, N.A. Con. Comm Applicant's Response to Bernice Fink's Memo Preliminary Review J. Lionel Lucien, Manager Mass Highway Commentary Richard Stanley, N.A. Police Dept. Public Safety Review Lt. Melnikas, N.A. Fire Dept. Chief J. Dolan, N.A. Fire Dept. Sandra Starr, N.A. Public Health N.A. Board of Selectman Robert Beshara, N.A. DPW Heidi Griffin, Dir. Of Community Development Valley Realty Development, LLC Joseph Lagrasse Valley Realty Development, LLC Susan Dennett Valley Realty Development, LLC Page 2 of 20 Preliminary Review Final Acceptance of Terms and Names Preliminary Comments Preliminary Comments Preliminary Review Preliminary Comments Response to Comments from Dept. Heads General Comments on Architecture Response to Joseph Lagrasse Memo General Comments Response to Susan Dennett 25 10/29/02 ZBA - William Sullivan Ira Singer, Town of Middleton Preliminary Review 26 11/07/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Ira Singer's Review 27 10/28/02 ZBA - William Sullivan Joseph Lagrasse Additional Comments 28 11/12/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Joseph Lagrasse Development, LLC Comments 29 08/07/02 ZBA - William Sullivan Paul Kelly Citizen Comments 30 11/11/02 ZBA - William Sullivan Valley Realty Development, LLC Our Response to Paul Kelly's Comments 31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request 32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop 33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9 - Lot 1 34 08/12/02 ZBA - Abutters List for North Assessors Office Map 108C Parcel 33, 38, 39 Andover 35 08/30/02 MEPA Valley Realty Development, LLC Expanded Environmental Notification Form 36 08/30/02 ZBA / MEPA DJK Associates, Inc. Traffic Impact and Access Study 37 10/02/02 Robert Nicetta, Building VHB, Andrew Ogilvie Peer Engineering Review Commissioner 38 10/10/02 ZBA DJK Associates, Inc. GAP Study Trip Generations 39 12/09/02 Gerry -Lynn Darcy, Valley Realty J. William Hmurciak, Dir. DPW Letter regarding hydrant flow test Development, LLC In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review of the Traffic Impact and Access Study prepared by DJK Associates, Inc. on behalf of the Applicant. This review was paid for from funds received from the Applicant for this purpose. The premises and site affected are known as 2357 Turnpike Street, North Andover, Massachusetts. The site consists of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be extended to 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 shall have 36 units each; Buildings 1 and 2 shall have basement storage. Building 4 shall have 84 units and a 121 car garage; Lower Meadows - 78 three bedroom townhouse style units in 27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces. The site itself is irregular in shape. Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations, with the Conservation Commission on August 28, 2002, DEP File Number 242-1169, for work to take place on the Property; and will file a Notice of Intent with the Conservation Commission for work to take place in the public right of way along Route 114 for the installation of utilities. The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows and Florence Meadows, Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability company and has submitted the required evidence of site control to the North Andover Zoning Board of Page 3 of 20 Appeals. The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349. 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 #250098-0012C dated June 2, 1993 indicates that the parcel is largely located in Zone C with a small portion in Zone A. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank, a participating lender with an office in Boston, Massachusetts. Wainwright Bank reviewed the Application and issued a Project Eligibility Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals Committee in Stuborn Ltd. Partnership v. Barnstable Bd. of Appeals, No. 98-01 (Decision March 5, 1999), the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from Dominic Terranova, Esq., who represented Nomid Trust, Joseph DiGrazia, Trustee, an abutter, and Jay Willis, Esq., Alfred J. Morrison, also an abutter. In addition, various members of the North Andover Zoning Board of Appeals questioned the financial impact of the proposed Project on the Town of North Andover, specifically with respect to the impact on the public school system. As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural Resources Defense Council called Developments and Dollars - an Introduction to Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at the 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. On August 30, 2002, the Applicant submitted an Expanded Environmental Notification Form (EENF) to the Secretary of the Executive Office of Environmental Affairs, Robert Durand, to initiate the Massachusetts Environmental Policy Act (MEPA) review of the proposed Project. Upon completion of the review, the Secretary issued a Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874, on October 31, 2002, which required that an Environmental Impact Report (EIR) be provided. In the course of the public hearing, the North Andover Zoning Board of Appeals expressed concern regarding access to the Lower Meadows site from Route 114. In response to this concern, the Applicant has agreed to investigate the creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The Applicant has stated that in order to create a deceleration lane, it will need permission and an easement from the Owner of the adjacent property to relocate a driveway and permission from the Massachusetts Highway Department to alter Route 114. A letter dated October 29, 2002 was received from Ira Singer, Town Administrator, Town of Middleton, expressing his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant submitted a response prepared by its traffic consultant, DJK Associates, Inc. to the North Andover Zoning Board of Appeals on November 7, 2002, a copy of which was also sent to Mr. Singer. In this response was included a copy of a letter dated September 30, 2002 from the Massachusetts Highway Department to the Secretary of the Executive Office of Environmental Affairs, Robert Durand, in which it is stated that "the Expanded ENF included a traffic study performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project, and we recommend that no further environmental review be required based on traffic issues." In the course of the public hearing , 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 name "Oakridge Village" for the Upper Meadows and "Maplewood Reserve" for the Lower Meadows to both the Fire Department and the Police Department, which approved the selection. The Project has been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used in conjunction with the new names. Page 4 of 20 In addition, the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to work with the Fire Department on meeting their requests. In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup, the Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two locations for trash dumpters in the Upper Meadows/Oakridge Village, and private curbside trash pickup in the Lower Meadows/Maplewood Reserve. The Applicant has chosen the Citizens' Housing and Planning Association (CHAPA), as the agency to monitor the resale of the affordable units. The Applicant has agreed with CHAPA for these services and shall sign a contract with them to this effect. FINDINGS 1. The Applicant. The Applicant, Valley Realty Development, LLC, is a "limited dividend organization" as that term is used on M.G.L. Chap. 40B § 21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization, the Project is fundable by the Federal Home Loan 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 the Applicant has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust, the present owner. 2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B § 20 or 760 CMR 31.04. 3. The Proiect. 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 Village site, including forty-five (45) one bedroom units, one hundred forty-seven (147) two bedroom units and a total of 428 parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site, and a total of two hundred thirty four (234) parking spaces with related improvements. The Project's new name is Oakridge Village (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housinq to be Provided. Twenty-five per cent (25%) of the units or 68 (sixty-eight) units shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B § 20. Seven (7) additional affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village. The final number of afford able units shall be 75 or 27.78% of the total. The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years from the date of this Decision, or, in the event of approval of the affordability restriction by Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction, as specified in the Conditions to this Decision. 5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant, VHB, with respect to traffic issues. 6. Support by Town Board and Agencies. During the course of the public hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works, the Police Department, the Fire Department, the Conservation Commission, the Planning Board, and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding issues. Page 5 of 20 7. Waivers Granted As part of its application for a comprehensive permit, the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that these waivers, included herein as revised, are necessary to make the Project economically feasible and grants the requests. Based on the above findings and a 4-0 (four to zero) vote of the North Andover Zoning Board of Appeals taken on January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following conditions. 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 modification to this Comprehensive Permit, after notice and hearing by law. The following plans were prepared for the Applicant: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C -1B f GZA GeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A h GZA GeoEnvironmental, Inc. -Mass. C -2B I GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmental, Inc. -Mass. C -21D k GZA GeoEnvironmental. Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-313 n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 p GSD Associates, Inc. SP -3-1 SITE BOUNDARY AND PRELIMINARY SUBDIVISION PLAN EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN UTILITY PLAN PRELIMINARY SITEPLAN PRELIMINARY SITEPLAN W/ EASEMENTS q GSD Associates, Inc. SP -3-2 PARTIAL - SITEPLAN Page 6 of 20 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/03/02 r GSD Associates, Inc. SP -3-3 PARTIAL - SITEPLAN 12/03/02 s GSD Associates, Inc. SP -3-4 PARTIAL - SITEPLAN 12/03/02 t GSD Associates, Inc. Al -1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC 12/03/02 ELEVATIONS v GSD Associates, Inc. A2-1.1 TYP. 84 UNIT BLDG. FIRST FLOOR PLAN 12/03/02 w GSD Associates, Inc. A2-1.2 TYP. 84 UNIT BLDG. SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02 y GSD Associates, Inc. A2-2.1 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 z GSD Associates, Inc. A2-2.2 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 as GSD Associates, Inc. A3-1.1 TYP. TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A3-2.1 TYP. TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG. FLOORPLANS 12/03/02 2. All requirements of the New England Fund program as administered by the Federal Home Loan Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds. 3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy (270). The affordable units shall comprise twenty-five per cent (25%) of the total or sixty-eight (68) units which shall be indistinguishable from the outside from the market rate units. The Applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the same as those in the standard market rate units at time of first conveyance. This 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. 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 Village. 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 the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents according to a policy to be developed by the Applicant 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. 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. Page 7 of 20 8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 9. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a document number or a book and page number shall be provided to the Building Commissioner. 10. A certificate of insurance, naming the Applicant as the named insured, which shall include coverage for general liability in an amount not less than $1,000,000, 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. 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 A final site plan 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. 13. The comprehensive permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by virtue of the granting of the comprehensive permit. 14. The comprehensive permit shall run with the land. 15. The comprehensive permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three (3) years after the later of the date of (a) recording of this Permit by the Applicant with the Essex North Registry of Deeds or (b) the issuance of an Order of Conditions, which is not subject to an appeal or contest. 16. Any substantial deviation from the Project Plan shall require the approval of the North Andover Zoning Board of Appeals, as determined by the Building Commissioner. 17. The Applicant shall not be permitted to receive a building permit (other than for the community building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive goals, based upon review of the form by the monitoring agent to be selected. 18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws, rules, and regulations remain in full force and effect. The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 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. 21. To the extent permitted by the law, residents of the Town of North Andover are to be granted a local preference for the affordable units. In no case shall local preference be granted for more than seventy per cent (70%) of the affordable units. Page 8 of 20 22. 'Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and Regulations, 521 CMR. B. SPECIFIC CONDITIONS 1. The Applicant shall be responsible for the snow removal, trash removal, rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the property until such time as the organization of unit owners for the condominium assumes those obligations, which shall be stated in the condominium rules and regulations. 2. The Applicant shall develop and sell these units as condominiums and not as rental units. The rules and regulations of the condominium shall contain a provision which is not less restrictive than the following: Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six (6) months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium; and A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited, except as governed by the provisions of the Regulatory Agreement and Deed Rider. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development (DHCD). The Applicant shall work with the Town of North Andover towards this goal. 4. The Applicant shall hire as an outside monitoring agency Citizens' Housing and Planning Association (CHAPA). 5. Twenty-five percent (25%) of the 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. In addition, the seven (7) additional affordable one bedroom units of the applicant's choosing which are to be provided at Upper Meadows/Oakridge Village 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 rate units throughout the buildings in the Project. A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals the 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 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 Page 9 of 20 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, IF PROVIDED; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every affordable unit in the Project effective upon the expiration of the affordability period. 6. There shall be four (4) residential buildings containing 192 units in the Upper Meadows/Oakridge Village plus a community building. In addition, seven (7) additional one bedroom units of the Applicant's choosing shall be provided in the Upper Meadows/Oakridge Village. There shall be a total of 428 parking spaces in the Upper Meadows/Oakridge Village There shall be twenty-seven (27) residential buildings containing 78 units in the Lower Meadows/Maplewood Reserve and a community building. There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per unit. The total number of affordable units shall be 75 (68 plus 7) for an overall ratio of 27.78%. 7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross over streets on the site. 8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge Village as shown on the final revised preliminary plan. The Lower Meadows/Maplewood Reserve will have scheduled curbside trash pickup. 9. The Applicant shall provide snow storage locations on the site as shown on the final revised preliminary plan. 10. There shall be two driveways to the site as shown on the final revised preliminary site plan. 11. There shall be master fire alarm box(es) as required by state code. 12. All buildings shall be equipped with a sprinkler system as per State regulations and building code. 13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for entrance onto Route 114/Turnpike Street before a building permit is issued. 14. A fire protection system shall be designed by a licensed fire protection engineer and approved by the North Andover Fire Department. 15. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on- and off=site 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 shall 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. 17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer pumping station, shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost. The sewer pumping station shall remain privately owned. 18. The Applicant shall provide details on the sewer main and sewer services including profiles of the utility to the North Andover Department of Public Works. Page 10 of 20 19. Drawings and specifications of the sewer conduits, sewer connections, and sewer pumping station design shall be submitted to the North Andover Department of Public Works for review. 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. 21. Screening and landscaping shall be substantially in compliance with the plan provided. 22. A drainage system maintenance manual shall be provided to the North Andover Department of Public Works. 23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works prior to the issuance of any building permit other than a foundation permit or a building permit for the construction of the community building. 24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the Property. 25. Whenever residents of the Project are eligible for school busing, the bus shall pick up and discharge students at the community building at Upper Meadows/Oakridge Village only. 26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State Forest and the site shall be identified with markings and small signs. 27. Prior to the commencement of construction, the Applicant shall post security to cover the cost of the road opening within the public right of way, including the water and sewer connections, in the amount to be determined by the North Andover Department of Public Works, in the form of a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals. 28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such signal be installed by the Massachusetts Highway Department, at the intersection with Sharpener's Pond Road. The conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower Meadows/Maplewood Reserve, and shall have a pull box at each end. 29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall contribute an amount equal to the water and sewer connection fees for the 75 affordable units, which is to be placed in the North Andover Department of Public Works "Water Supply Improvement" fund. This amount is to be equal to the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board of Appeals as part of this decision. 30. Upon completion of the project construction and 80% occupancy of the project units, the Applicant shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the "Little Professionals" project, as currently proposed. This study shall be supplied to the North Andover Zoning Board of Appeals for the information. The results of this revised Traffic Impact and Access Study are for informational purposes only. Furthermore, the Applicant shall have no obligation as a result of this study other than the payment to have this study completed. Page 11 of 20 Page 12 of 20 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 VILLAGE" and "MAPLEWOOD RESERVE") at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by GZA GeoEnvironmental, Inc. -Mass. and plans and drawings prepared by GSD Associates, Inc. including Prepared by Sheet Title Rev. Date a 12/03/02 GSD Associates, Inc. COVERSHEET b GSD Associates, Inc. SP -1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates, Inc. SP -2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental, Inc. -Mass. C -1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental, Inc. -Mass. C-1 B EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental, Inc. -Mass. C -1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental, Inc. -Mass. C-26 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental, Inc. -Mass. C -2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental, Inc. -Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental, Inc. -Mass. C -2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental, Inc. -Mass. C -3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental, Inc. -Mass. C-36 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental, Inc. -Mass. C -3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP -3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates, Inc. SP -3-1 PRELIMINARY SITEPLAN W/ EASEMENTS 12/03/02 q GSD Associates, Inc. SP -3-2 PARTIAL - SITEPLAN 12/03/02 r GSD Associates, Inc. SP -3-3 PARTIAL - SITEPLAN 12/03/02 s GSD Associates, Inc. SP -3-4 PARTIAL - SITEPLAN 12/03/02 t GSD Associates, Inc. Ai -1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. Al -2.1 TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC 12/03/02 ELEVATIONS v GSD Associates, Inc. A2-1.1 TYP. 84 UNIT BLDG. FIRST FLOOR PLAN 12/03/02 Page 12 of 20 w GSD Associates, Inc. A2-1.2 TYP. 84 UNIT BLDG. SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02 y GSD Associates, Inc. A2-2.1 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 z GSD Associates, Inc. A2-2.2 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 as GSD Associates, Inc. A3-1.1 TYP. TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A3-2.1 TYP. TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG. FLOORPLANS 12/03/02 and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers described herein are granted. The Applicant has received a Project Affordability Letter 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 seven (7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village, for a total of 75 affordable units or 27.78%. The proposed Project is located at 2357 Turnpike Street in North Andover. 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 shall be known as Oakridge Village and Maplewood Reserve, shall involve the demolition of the existing buildings and the construction of new residential, common, utility and garage buildings and related parking areas as indicated on the site plan. The site is located in two zoning districts, Industrial 1 (1-1) and Residential 2 (R-2). Multi -family dwellings are not allowed by right in 1-1 and R -2 districts. In addition to market rate and affordable housing, the Applicant shall also provide 662 parking spaces, including garages, and landscape the site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By -Law. Waivers Required from the Zoning Bylaw Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the Project is granted the following waivers. 1. Section 1 - Purposes: A Waiver is granted 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. 2. Section 4 - Buildings and Uses Permitted: Page 13 of 20 A Waiver from Section 4.1.1.1 is granted 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 granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in 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 angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted 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 granted which states: No private or public (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. This section is waived in entirely 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 granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted 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 includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure 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 granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted 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 offensive to the neighborhood. A waiver from this section is granted 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 granted insofar as residential multi -family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 20 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinderthe development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiver from Footnote 1, page FN1, 10' from the requirement that the first 50' have no parking as the plan shows parking beginning at 40'9" (rounded to 40') from the property line and 60' from the requirement that no building be located less than 1 00'from Route 114 as Building #1 and Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. Page 15 of 20 Section 8, Supplementary Regulations 15. A waiver is granted 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. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 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 is granted 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. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 19 of 20 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted 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, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted for water and sewer connection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 19]. Page 20 of 20