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HomeMy WebLinkAboutMiscellaneous - O Ridge Way°may. •■•.� �. ,� �� ,.. � � L� _ ' C TOWN OF NORTH ANDOVER MASSACHUSETTS f 14ORT1f 0 `••�ao �6'6ti.0 16 O O L . A M i e 41 ,SSACHUSE� Ms. Charleen Regan Planning Office for Urban Affairs 25 Union Street Boston, Ma. 02108 Bear Ms. Regan: April 22, 1980, Pursuant to the provisions of M.G.L. Ch. 85, Secs. 3A and 3B, and the authority therein vested, the North Andover Planning Board held a public hearing on April 7, 1980 at 7:30 P.M. in the Town Hall on the matter of considering the renaming of Wood Ridge Road located in the Boston Archdiocesan "Wood ridge Housing Development" off Waverly Road in North Andover, Massachusetts. At the conclusion of the hearing, the North Andover Planning Board unanimously voted to change the name of said street to Ridge Way, and additionally approved the names of the seven other streets within the project. The reason for the change is that the very* close similarity of rood Ridge Road to Woodbridge Road (a public way of long existence) would lead to continued confusion, especially in cases of emergency. Therefore, the North Andover Planning Board hereby orders that flood Ridge Road shall be changed to Ridge qday, effective immediately. This order is being filed in the North Essex Registry of Deeds and in the office of the Town Clerk of North Andover. Furthermore, the Highway Department is being directed to install a suitable sign bearing the new changed name of the street. Sincerely yours, PLS N NG BOARD William Chepulis, Chairman . .gb cc: Board of Selectmen Highway Department Town Counsel Police Department Fire Department Board of Appeals V Conservation Commission Board of Assessors Board of Public l-dorks James G. Dolan, Jr. Esq. 'E'llen F. Brawley Elaine j•darwick Ma. Housing Finance Admin. Housing AD eals Committee I I mMXZA July 14, 1978 James Dolan, Esq. Phmnin:: Office ior Ueb�,.n Affsire I Inc. Room 1 '30 60 !�c.'iool ';troet -L -0' I Bm--toii, :7 E.-achus-ott- 1M iT-.�min,- Gj['41oc ;nclo, (-C- >>Ictrm 'inc'J, t%c "Ort'l -jo Plcnuc Comute the ritti7.c i i writ :-!*Cc br%'C'C O'n ti. 10. ill.- �xlhriit to the Buildin: - In.-- -)cc-k'.oi- :-or -ov J Very truly7yours, BOAM) 01-1 Alfred r,,. Frizelle, Vice Chairman AIF i gb Enc. -IJTr nra foot of livin,,., L+ywc cwt o" (-,(Xlr -t ru-t i Un Estimated cost of construction 1,()00 -- ; 1, - ° I . Y) = TFC 0 A F.4T tot VA rA I,, James Dolan, Esq. Planning Office of Urban Affairs Room 180 60 School St. Boston, MA 02108 Dear Mr. Dolan: Re: Comprehensive Permit Planning Office of Urban Affairs, Inc. Enclosed please find a Comprehensive Permit which has been issued this date by the North Andover Board of Appeals. As I mentioned to you in our conversation'' tRb,,other day, the bui ing fee for tie own of North A dower is $ You ntioned th t the roject will be $7, 0,000 and the fee base on,this amount i $ Please or - ward your check pa able to the Town North ndover to this Board forthwith As we discussed, his figure is an approximation and upo s mission by you of'�t e final amount an adjustment in he fee will be made. Very truly yours, NORTH ANDOVER BOARD OF APPEALS Alfred E. Frizelle Vice Chairman July 14, 1973 CTTREI M IBIVF PMIIT Plannin7 Office for Urban Affairs, Inc. o6o School atrcct -Room 130 Boston, I:.Lcoachu ett: 02108 Y.c;: ..Torth lndover Home: i i?T A ,'j? -10v --SIC Gentlemen: In accorC aicc; taitii tlic='inc'izz, :, ' t�.].i . c ,�ti�; Cry r Of tll ^ PCommittee, CLI CO, I:w-j �, 1;7_x. in the ;,tatter of the :�+7c it of tlLc PL)xnzin•• Office for Urban ni'fairc, Inc., from the denir;l of itr 'p:)lic^.tion -,.,Orcorr�reltenc i� c })ormit by the North Andover Boar(?. of :Ipy�e .ln, the Porth r:no.ov r Bo rc.� of ::,,*tc .lr hereby issues this C0?'.PR:2LI&;IV: ? � d.:IT to tiro Pl: zmin;-• Officxi fui• Urb; as 1::'`iInc. for the construction of 230 di:ollin,- i itc on Vic cert.;in.)-:)-cel of 1.�wnc'. loc�.ted on the easterly side of ::wverly :toad and a'autted on the eout1h ­.nC. er;.:t ley Tzuf>tC`t's of Reservation land and good Line, which land was morc A111-7 V.cntificel in the ri,r)lication submitted to thin Board, dated December 19, 1973. The construction shall be in conformity with the n1 --mu- and specifications prepared by the firm of Goody, Clancy, and Associates, doted JLne 16, 1973, certified by Goody, Clancy, and. Associates by letter dated June ^?, 1978 ,as beinn oubctantially in accord- ance with preliminary plans cubmitted to the Hovsi.nf- A-)pealri Camr.ittee in July 1974 and further determindd to be substantially in accordance with preliminary plans by the Housin,.iippcalL Committee by letter dated June 16, 1978 and filed with thic Board this date. I.Iodifications approved by the Mhu achuccttc Housinrg Finance Agency prior to the loan closing; or during the construction period shall be permitted so long as such modi- fications are cubsta.ntially in <accordanco with the preliminary plans orir-inally submitted to the Housing Appeals Committee and provided that c,uch modification^ have been certified as Lein; substoantially in accordance with said prcliminarj plana by Goody, Clancy, and Associates and a copy of said modifications is filed with this Board. Plannin,3 Ofi'i" for Urban Affairs, Inc. This CMPREHENSIVE PMIT and the construction hereunder shall also be sub4eot to all of the conditions f nt 1'orfr %- the Housing Appeals Committoe in its Fineinga, Rulings, and Order of May 5, 1975, as amended February 14, 1977. In accordance with Con�.ition 5 of the Pindines, Ruling:-, ..,,z� Ordor of t210 Housing Appea?c Cotimittee, this rcr7-it rrru be assigned by the Pler-ning Office for Urban Affairs, Inc. to North Andover .lone., kto.. a charitable corporation which has boen formed to riot 1;, c,it` t^:1 ;-M-Iremcr_t o --r ti i`^^^E30_tilttRgttf3 Umirink, Finance Agenoj Viat a new corporation be created to curve ac oortrw or. Iotifioation of said assi(nment and assumption of 11 obligatiui.L, Lo1Zh 2.ndover Homou, Inc. Miall be filed with thic rn Boardo Llfred L. Frizolle, Vioe-Chairman -z- TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN TELEPHONE 682-6483 A February 27, 1979 Francis Serio, Jr., Chairman Zoning Board of Appeals 250 Hillside Road North Andover, Mass. 01845 re: Waverlv Road Housinz Proiect Dear Frank: On February 14th Bud Cyr, Charlie Salisbury and I attended a meeting with representatives from the Housing Appeals Committee and Archdioese. The meeting was requested by Mr. Cyr to discuss some problems he perceived with the drainage system and also to express our concern as to whether this private development was expecting Town services, auch as plowing and refuse removal. During the course of these discussions, Mr. Dolan, representating the Archdioese, brought up the fact that as a result of necessary on site excavation, there was a huge amount of excess loom stock- piled on the site and that it would be necessary to remove it from the site. He added that the removal would be related to the con- struction of the project and would therefore come under the compre- hensive permit. Mr. Dolan felt that he should not have to request an earth removal permit from the local Board of Appeals and added that he was concerned that he could not get a fair hearing. He cited several examples where he felt local boards were prejudiced against the project. The Chairman of the Housing Appeals Committee appeared slightly sympathetic to Mr. Dolan's concerns but stated that it is the policy of the HAC to use their overriding powers as sparingly as possible and therefore suggested that Mr. Dolan first go through the regular local permitting process. Then if he felt he was not given a fair hearing, he could submit his request to the HAC. All three Town representatives present assured Mr. Dolan and the HAC that the local Appeals Board was above this tactic and that they could expect a fair hearing. The HAC asked us to communicate with your Board and "smooth the waters" so to speak. Q cont. .p I expect that you will be receiving a request for a permit in the Near future. The Selectmen ask that you give the request fair and impartial treatment. Thank you for your attention to this matter, I am BFS:ldm Very truly yours, Brian F. Sullivan Administrative Asst. ___;-•� �J��i CSO»L�IIOlL-1'/r�'ll,�lfi ���.iG�1,1,1�'�'%��J�'l�l ' �rcca�ue cc �� �iuixo�rnrelr�rr� �P,�rri�� / m'1,u(*XN1mo1&1 h.: DAVID STANDLEY %��V1771! i/ II��• l�P!'l; �/)/�1/N!! %J»O2 COMMISSIONER O MEMORANDUM Mr. Thomas C. McMahon, Director Division of Water Pollutj¢ _tr-ol ftOl1: Commissioner Standley cam`'' ` E Secretary Evelyn. F. Murphy November 16, 1978 1 y ':IIRJI;CT: Proposed Sewer Extension Permit - Waverly St., North Andover REFERENCE: Your tentative determination submitted for advertisement on November 6 We understand the facts in this case to be that the Archdiocese requires a sewer connection for a low and moderate income housing development under construction in North Andover for which approximately $1 million in construction has been completed; that it has been brought to the attention of the Town and the Division that the sewer to which the development would discharge is per- iodically surcharged with discharge of sewage onto the ground resulting; that the housing is to be established pursuant to Chapter 774 (the "Snob Zoning Act");. +nd that the Town has throughout opposed the creation of these units of housing. It is also true that it is the policy of the Commonwealth to foster, promote :ind facilitate the development of low and middle income housing wherever and whenever possible, with emphasis on reliance on developed urban infrastructure for support. Under these circumstances we consider it inappropriate for you to issue the form of conditional permit proposed, in which the Town is in a position not to act on removal of excess flows thereby effectively blocking the construction and ,:tiliation of the proposed housing. Instead, you as Director should be acting affirmatively to assure that the proposed housing, which has met all other legal and environmental tests and which has twice been reviewed under the llass.Envi.ronmen- tal Policy Act can and will be constructed insofar as it is within your and our power to assure. Therefore, your proposed conditional permit should incorporate ,n Order to the Town, and implementation schedule pursuant to Sections 27 and 43 et sequitur Of Chapter 21 and Regulations adopted thereunder, to take all necessary ,and appropriate actions to prevent the discharge of sewage from this sewer (or any other portion of the system within North Andover) other than through the facilities of the Greater Lawrence Sanitary District. Please advise us forthwith of the steps you have taken to comply with this instruction. CC: Town of North Andover PIr. James Dolan . Mr. Thomas McLoughlin US /em PLANNING OFFICE FOR URBAN AFFAIRS I Archdiocese of Boston XRXVg0XYX,�1X"X' Boston, Massachusetts 02108 • Tel. 227-2200 • Rev. Michael F. Groden, Director 25 Union Street September 28, 1978 William N. Salemme Chairman Planning Board Town of North Andover North Andover Town Hall North Andover, MA 01852 Dear Mr. Salemme: I am writing to reply to your September 18, 1978, letter relative to the North Andover Homes housing development, on Waverly Road. Last week, I participated in a meeting in the Town Counsel's office attended by the Highway Surveyor, the Director of Public Works, members of the Board of Selectmen, our architect, engineer, Clerk of the Works, and general contractor. The purpose of the meeting was to discuss the legal effects of the comprehensive permit and how work being done pursuant to a comprehensive permit is to be monitored and administered by local officials. The points raised in your letter were discussed at the meeting, and it is my understanding that any concerns and uncertainties have now been resolved. Under M.G.L. Chapter 40B ss. 20-23, the local planning board has no jurisdiction or involvement after issuance of a comprehensive permit, and since we have met with those town officials who do have a role under this statute, I do not believe it is appropriate to meet with the Planning Board. Very truly yours, J mes G. Dolan, Jr. neral Counsel JGD/jaf �' Ali"Some men see things as they are and say, why? I dream things that never were and say, why not?" RFK MUM fflfl TOWN OF NORTH ANDOVER MASSACHUSETTS f HOR7q O tt�a° �e,Q•C h � p # i e �SSACHUSEt James Dolan, Esq. Planning Office for Urban Affairs 25 Union Street Boston, Ma. OVO8 Re: North Andover Homes, Inc. Dear Mr. Dolan: September 18, 1978 The Planning Board and various departments would like to meet with you at your earliest possible convenience to discuss certain concerns we have in regard to, specifically, the entrance onto Waverly Road; namely, the 10% proposed grade and what we feel is insufficient width and flare at that point of entrance. We also consider insufficient, area on Waverly Road for installation of sidewalks which would be necessary for the large number of children that would be using this street. How do you plan on addressing the already existing problems of drainage and traffic control on the proposed emergency access at the lower end of Autran Ave.? We feel that our concerns are valid and worthy of your reconsideration in the best interests of the future inhabitants of the proposed development and the Town of North Andover. Once again, we feel that these matters should receive immediate attention and respectfully request a meeting with you as soon as possible. Very truly yours, PLANNING BOARD )� P William N. Salemme, Chairman WNS:gb Tel. No. 685-4775 June 15, 1978 -:_.-.a fine-' v _ .. ;t}(41l.i C.7 'v'k of .i o s vC?Z rcc (. o 10 F.6ud" 'r; 0 :a}GlisZ?'1:17f. 1.t: .=77,r�'T(}�t CC L t 8r '.#�1 Ci1 WC lh"M 3 to" aot? s jn,'.�ttcr wa.1.I i;e Zre-a'1. a:�� �'a.;ia"�ec3. Very urizly y 0l.l.rs, iQ l:? ? 0 � 'P7; ALS i')�,..iik Serio, Jr: an Q Marshall Strz-:- OFFICE FOR UFMAN AFQ-;`�_FiZS � Ai,c ldtocese of Sosfon --, Massachusests 02108 • Tel. 227-2200 • Rev. Michael F. Groden, Director June 12, 1973 Chairman -.d of Appeals Town Of— =,* North r.=- _ Comprehensive Permit Application of Planning Office for Urban Affairs, Inc. Dear --_--.- - ::ffice for Urban Affairs, Inc., anon -profit corporation, -th Andover Board of Appeals on Decer-lber 19, 1973, for appy _: _ �rmit for the construction of 230 dwelling units on a a COW— _ - i and then owned by the Roman Catholic Archbishop of 31-ar . = - "r - - -i on sole. The application tivas submitted pursuant Bost` of M.G.L. c. 40B ss. 20-2.3 and tvJth the consent and to = _ �.= ;hen owner of the land. in b denial of the application by your Board was appealed ,)eal s Committee whi ch, on May 5, 1975, detern�i ned that to l= ' i;nreasonable and not consistent with local needs. That sail- _ •.s _ _�r,t,+gently appealed to the Superior Court and the Massachusetts rul = °. (he decision of the Hous i..g Appeals Comani ttee was uphe i d App r --ie courts with the exception of Condition 3 in The Housing by Co! r- _ ttee s Fi ndi ngs, Rul i ngs, and Order whi ch the Appeal s Court b i - ;nt eyo fid the scope of the Committee's power in light of the fo enacl-ment of the Massachusetts State Building Code. A copy sup r ro,us i n,g Appeals Com,ni ttee's Findings, Rulings, and Order and an of 1..- nt tnercl.o is attached. atti,i -11ne judici-11 appeal process having been completed, the Board of Appeals is now under an affirmative obligation to issue the comprehensive permit aiad t}1e applicant, Planning Office for Urban Affairs, now reque5tsyou to do so forthwith. sire and Say, 1'1'hy? / dr1?am lit i1'.dt never were .;I,ti;�1 1'.'�1�' !,! j� Ri-x --- 2 June 12, 1978 -_- _-d that the Massachusetts Housing Finance Agency please '= --ortgagor be a separate corporation and that North equir2s to = a charitable corporation, has been organized under Andover No = = ":SL c. 180 for this purpose. In its Findings, Rulings, the pt.ovls = _ - i ng Appeals Committee directed that the Board of and Order? - = nsfer the comprehensive permit to the mortgagor appeals is= - _° ,,jest. _ corpora-,, o__ Very truly yours, PLANNING OFFICE FOR URBAN AFFA-S, INC. By - r�- ---_ _-'_ G. Dolan, Jr. -— General Counsel Encl os'- _ -1.8- J ORDER DTIqGS, :Lbsidiary findings and rul-ings, and upon a In --:[mrd, under the p3 -(DV isions of Uie CL C. 40B, of C: —1-iles that the decision of the Zoning Board of was unreasonable and, not consistent with - _:� - the Culmittee finds that �e p-,—Dsed project ijftpact, and finds that all Deell ttAe-n to avoid or said ii1pact, ---�.-al iii -pact report is �11- in a c- - r-- CO 61-62, the r -Liles aj)d of the Secj--c,- ,P,.ffa.i-rs, and the Statsirent c -f t' -e cecretaiy on ----)t fora dated Jainuary 23, 19 7-1. 7 -..e bo-ard is heraby -A ilii_' bca-rd is -ehc isi t -1,,e P. -ve P( ----,it to m shal-I provide fora :gig develop_: nt Sa ',..he subject of this aj--pal i,,. tip-Drox-urate s f T 1(3 i -ml as prc-sejted hef re the -.ng Api-y2a.ls CCY,111 KI fi Pel -Mit shall include all p--:.-,ic--sions necessary the -,,)IIst-L-uction of said housing level pp(,nt would to C>)Ivi,lcto � N F--om 1_c -a1 boards, dep.,,j:L -agencies of including, 'but i -,t 1 j J-Tni,---: Permission "'Juirell-rz-,nts of the of P- I rks PL)] ( -s and to -1.9- _ 1.91- each that "Ca unit t of i�r 11S y,11 J)Ow3e condomi-niii, firast -rate %,,,Eite-r and sc!,�e_r service", should such re - 7:__ amply :it that the "main s&,,;er extensions" be of vitrified ati to apply to the sz-ujit r -on be de ary sewer qa ------- on the 7qDplicantls proLx�rty. -:12 Peimit shall be subject to the follod_ng 'Im-t-her Jhall conjoly with the provisions of the State 7-, -s provided by St. 1972, C. 802effective January LI shall cantuc­,-,ce until- C-02)Str-oct-jon Um tially in with the prel-iminary pl E_ have been approved shall ha by -1 -ice g Finaj Aaency a -L-t -ncy has g-r-ril, a _rld until said Arjc CI. for U-je cc,-,E_j- of the project. oan r spcctions shall be �a,j -ried out by local- officials ew:ant Unlat disaqreeTa!nt batweie-n the builder ar,.-;, certif j cati_on by the T3pCj.I- rY)-)t Of Co.�-Fltanii_y P -f -f c E, f, c<L_1,a t e Proof of coii-ol iance any requi-r,-el-n2l�t Permit or any of the other terms of this order. I jll - _his decision vn,ulds��'n to ID0i-snit the building if in accordance %•.pith standards Tess safe than - __ _ and site plan r_c�;tlirc :E�nts of f1ie agencies lci_ -=_ project, tl�e st�h1�_ds of such agencies = --- -- _ =--; t that the i;assachusetts Housing Finance Agency - _` COI-Poration be created to serve as D-Ortgagor, this - --- --1 t? s (erred, t �i t?�out i cher charge and upo -- — _- -.Mice 1Io ,-- is effect by the 7A-ppel_l.ant to the a rr-; 17on-profit coL��.�ration o T �; � ro� i ,�� that a _ = l of sl, z n�a coi-IIxshall c' U= --- - - _� rr---- - _- _ .e �- = Off, ce 1 or Uig ;an Affairs, �� - - fai_r_s, Inc, �43USDgG 1,pP 7kLS 07i 1I 1 1'� • C. t�7esley D.in�m� "� -- C,Ill lil (i: !( Cc: f(�I71 L c 9GG �i„�tr•ia�le .{�r:�eG ��CCI,�Suclrt_K 6.2 CON.�JONWZALTH OF �,:SSACHUSETI'S DEPAR'rNLN'r OF COD IlUNl'IY AFFAIRS Superior Court Docket No- (Fried r�PEALS OF THE TOI�1' OF NORTH AI;DO\'!;R V. HOUSING APPFALS C01.1MI`i`TEE LANNING OFFICE FOR URBAN AFFAIRS, INC. 51)hFAU OF THE ARC!iDIOC'- SE OF BOSTON, "..'PIFICA'I lON OF SUPPLE;,', .NT `1'O PECORD that I am Chief Counsel of the Department - - s and that the attached is a t':1 -)e copy of a su!>plement }ie 3:e_Ord i:-i t -he above entitled matter. — '— Maurice Gorman _t Chief Counsel t,t •, - K-111?/ill/ZIG�CIGG/Z O c/l/G �G.1.iCGClLCG1B��� -� � .o CV.2'ECl/ICI�E ���GE Cj �'O/>G/lL/l/1lGlP,.i (/f1.CG �G'GEGO�f�ZEIL� MICHAEL S. DUKAKIS GOVERNOR WILLIAM G. FLYNN June 1.6, 1978 SECRETARY Board of Appeals Town of North Andover Tmm Office Building North Andover, MA 02066 Re: North Andover Homes --=A #72 -106 -NC Planning Office for Urban Affairs, Inc. v. North Andover Board of Appeals Ge^�tlmen: 727-7765 Please be- advised that the plans and specifications, dated June 16, 1978 by the firm of Goody, Clancy and Associates are hereby determined to i:,: substantially in accordance with the preliminary plans sd mi.tted i.o the do W )g Appeals Con�ttee during the hearing on the above captioned matter on -d y 16 and 17, 1974. Very truly yours, HOUSING APPEALS COZMNIIl= By A/ /'-O- �� ce�c �1 Chairman --^- --- - Planning Office for Urban Affairs, Inc. :--ody, Clancy and Associates AN 'EQUA1, 0PP0RTIJNI1Y [-r,iP!.OYICn R GOODY, CLANCY & ASSOCIA'FES, INC., ARCIiI`ECTS GIC 334 BOYLSTON STREET BOSTON, MASSACHUSETTS 02116 (617) 262-2760 &A 22 June 1978 North Andover Zoning Board of Appeals North Andover Town Hall North Andover, Massachusetts Re: North Andover MHFA #72--106-NC Gentlemen: I hereby certify that the plans and specifications, dated June 16, 1978, are substantially in accordance with the prelim- inary plans submitted to the Housing Appeals CorrLmittee on or about July 15, 1974. Very truly yours, GOODY, CLANCY AND ASSOCIATES, INC. U):yj h.n M. Clancy, AIA C/bb JOHN M. CLANCY JOAN E. GOODY MARVIN E. GOODY HOBRHIF J. 1' N, r.l'EI'1.1:11 i 22 June 1978 North Andover Zoning Board of Appeals North Andover Town Hall North Andover, Massachusetts Re: North Andover MHFA #72--106-NC Gentlemen: I hereby certify that the plans and specifications, dated June 16, 1978, are substantially in accordance with the prelim- inary plans submitted to the Housing Appeals CorrLmittee on or about July 15, 1974. Very truly yours, GOODY, CLANCY AND ASSOCIATES, INC. U):yj h.n M. Clancy, AIA C/bb JOHN M. CLANCY JOAN E. GOODY MARVIN E. GOODY HOBRHIF J. 1' N, r.l'EI'1.1:11 ESSEX, SS. juprnop NO. 2641, BOARD CF APPE.:4�LS O. -F NORTH ANDOVER, V. i.00 NG APPI-AI-E. C0.',!A_f TTEE, PLANNING OPPICE FoR UWAN xPrAlpS, INC, CATHOLIC CHARITABLE BUREAU OF THE ARCHDIOCESE OF DOSTON, Wr,, Defendants, A ThFs mattpr came an tv ho&M the aW'_ r0mand of the matter to the Musing Appe&!�; and Mar- furthef nruceedinyz hef�re the nousinc! Appeals Coa,mittee in 2Ccord&nn,'-,, .A january 11, 1977 is-'re -by QPMED and ADjUDOED that. The docision of tne Housing 1ppeals Com"t", as dTWORd w February 1 4 1977 is affirxed, , Juscice ce the SubdrAr CAQ Urt D t f fJ e 15 1 19 1.7 (Letterhead -North Andover Board of Appeals) COMPREHENSIVE PERMIT Planning Office for Urban Affairs, Inc. 60 School Street --Room 180 Boston, Massachusetts 02108 Re: North Andover Homes MHFA #72 -106 -NC Gentlemen: In accordance with the Findings, Rulings, and Order of the Housing Appeals Committee, dated May 5, 1975, in the matter of the Appeal of the Planning Office for Urban Affairs, Inc., from the denial of its application for a comprehensive permit by the North Andover Board of Appeals, the North Andover Board of Appeals hereby issues this COMPP.EHENSTIJE:'PERMIT to the Planning Office for'Urban Affairs, Inc., for the construction of 230 dwel" a units on the certain parcel of land located on the easterly side of Waver,,F Road and abutted on the south and east by Trustees of Reservation land and 14cod Lane, v,!hi ch land was more fully identified in the application submitted to this Board, dated December 1.9, 1971. The construction shall be in conformity Edith the plans and specifications prepared by the firm of Goody, Clancy, and Associates, day June 16, 1978, and filed with this Board this date, it being specifically understood that modifications approved by the Massachusetts Housing Fina., Agency prior to the loan closing or during the construction period shall permitted so lona as such modifications are substantially in accordance with the preliminary plans originally submitted to the Housing Appeals Corimi ttee. This COMi�PREHENSIVE PERMIT and the construction hereunder shall also be subject to all of the conditions set forth by the Housing Appeals Committee in its Findings, Rulings, and Order of Mlay 5, 1975, as amended February 14, 1977. In accordance Edith Condition 5 of the Findings, Rulings, and Order o" the Housing Appeals Coivit,Lee, this permit may be assigned by the P1annin Office for Urban Affairs, Inc., to North Andover Homes, Inc., a charitabl-. corporation which has been formed to comply with the requirement of the Massachusetts Housing Finance Agency that a neva corporation be created to serve as mortgagor. NORTH ANDOVER BOARD OF APPEALS DATED: -- ------------------ - - _- - - - JOHN J. LYNCH TES EP"NE 685.3551 JOHN J. VVILLIS JOHN J. WILLIS. JR. LYNcH, WILLIS AND WILLIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 line 2N19,78 mark `.erio, Jr. , Chairman 73oard of Appeals Town of :`orth .rdover ioem 3„ildin,g '7,orth :'�ndover, i:.A 01845 ?e: Comprehensive Permit Application lent! e:. -en: _. _, onding to your inquiry 'ay letter of line 15, 1978, T woula to give the following opinion: General Laws, Chapter 40.', 'Action 23 rn�,kes yoi-r fttnction, once i __nision has been made by the A' -)peals Committee, Ali e_J ..._ Stela -al. she ti7TE' Specif i.c lly states "the -card of Appeals peals shal.l carry (,-)it the OL -der of the .-;tlling App,-✓als t G\\ days of its entry ai;. f t' wi t i _ y (3 f ' d upon fail -ore e to do so, the order J 'Qd Committee :shall, for all p,7rposec, be dee;i,ied to be the --" of said loard unless the Petitioner consents to a diff lecision or order by such ~oardll. !c you can see from the .e of this Statute, there is :lot lin,; further that the War ;eds need Bio. T'hongh yoi do not have to take any official action, 1 su; gest that i _ ecords shc-,r7 that as a result of an order of the co,7rt, yo7a issl: comprehensive permit requested.. In this connection, and in or = ---at your decision ,mould be :in co..formance ,pith all of the det a: : _' the decision, I have taken the liberty of contactin„ the ;attor 'or the Archdiocese and asked him to provide me -,,'i.tri a - orm of decision he may want f ro1:R yot)r ^oar 1. -. provided rae :arit'r_ the form that he de.3:ires and for your assi.. - T ail enclosing said form and that you adopt It as your '4Jwe issl7.ing the comprehensive permit. ::8 event yo'J. have slay ft)Y'ther g77est ons in this ic: not hesitate to co_ita,t me. 'e•y t_...ttl_y trs, �0i:n T. if J ` _ �' _ Matute also provides that thirty (3.0) days afte=- the entry -,he decision of the `Iear:in, "appeals Committee, the order shall --'Dr all intents and purposes, be doemed to be the action of yc ard. That being �o, I slt,-;zest yoti act promptly on this rr.attc.:- other -,,vise the Petitioner can proceed without this permit. ::8 event yo'J. have slay ft)Y'ther g77est ons in this ic: not hesitate to co_ita,t me. 'e•y t_...ttl_y trs, �0i:n T. if J ` _ �' HN J. LYNCH HN J. WILLIS HN J. WILLIS. JR. LYI,TCH, WILLIS AND WILLIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER. MAWACHUSETTS 01845 Jane 27, 1978 TELEPHONE 685.3551 Frank 08009 Jr., - - rman Joard of Appeals To;an of .orth Rndover Town 3ujjaing ­- '_north cnuover, - rer r,i.t Application Comprehensive ",entl emen letter of J,•ne i-5, 197B9 spoI Rendin ' ,'our i ngviry by _ .� .,rp X11 like � O - following opinion r_ - �- o ;.r f,,nc;tion, 40B, section 23 :,ahs.,; ",er_cr�l Ater the 7ro„sing A" jpeals COr}'_�ittecl once a %j.ecisiC nom, !grade by en to s "the _,oard ��� LL J The Statute specifically Rr of the-:earin:; :.ppeals Committee of A ppca.i . s :_ 1l o c ," y Out the fail ore to do so, the and upon .. t'_;it gin t,i-irty �.` pf its entry d t be for all pi.;rposes, -oe deem, o �r of :;aid OT'Q�_ ,ee a1� y n consents -to a ; tlrE' C,t1tI ,, action of �•..e a 1..3" -3a,r i �;.rl -, n As yo-,,,- can see from b such or rd y r.ifferent dec_ _ ,l o.� .ler y � further that the is nothing urs the 1.ansua`,Pe c here 'oard of 1_ppe:� :1 ;.o. _, off �.cial. ;action, I ::v;;sec p r,,i_ y t. M .r;?t :_ave to ��tice any the co,.,rt you of an order o` � u that your -'eC4 -_(y,,,� that as a res:.lt ,e:_3ted_. T.n t'n.1.s connection_, and r issued the con,: Permit re ll of the nsive p q` be in cor.rformarrcUf ��htracting in order that ;', decision would the taken the liberty i,.etail.s of th<, ;ion, I have slim to provide rlre `-;pith a attorney for '- .chd.iocese and asked nfrom your .oard.. t : suggested for.;, p f aeci cion he may v ,a -- foi'rn t'���a,t Ile desires and for Your f ?e has ; with ti-.�e : _ _ed nae .it=, e that you adopt it as T •- and J1,. ��..Gt said ? �._ assi s ince -...,;losing ..,e comprehensive rermit. ('p _ays after the thirty ice' r+- -- -- also prpvi.ies that ee �V}1e rder _ - Co. i , of eari:^ .:rpea�_s ' On Of t i1e ; to be the ,ct ion be �_eerned entry 1_ for a t ;,p es ? r_d P,.;r= .4 �.o ,ptl�� on this :,r 'boa T y t you act t being co, �( t:o•:1t this peY't7'i. _ - -.a � .� ��,�oc � ed of jour . the Pet, can .. yatWr OHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS. JR. Lyi\TcH, WILLIS AND I'VILLIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 7'rank-lelJr. , Chairman 2 TELEPHONE. 685.3551 Jute 27, 1-978 P. S. also enclosed is a copy of a i.ss,led by Jud.ce Linscott at a session of t'r_e Lssex 0o,lt;ty S11.peri.or "o11rt sittin,; in ''°e,v:bllryport on J1,ne 15, 1978, which hea.rin'; i attended. John J. lillis M merrimc�c/r va/lcy p/ar�r�ir�g' commission 5 washington street, 17averh171, mossochusetts 0/830 (617)374-0519 August 18, 1978 RE: North Andover Homes Section 8 Leases to Reduce Rents to 2 of Income for Low and Moderate Income Families Enclosed is some information on an application for federal funding. Our agency will be conducting an A-95 review on this matter at our September 7, 1978 Commission meeting at 7:30 P.M. Due to your involvement in the same functional area, we would like to provide you with an opportunity to see the application and com- ment if you so desire. We will need your comments prior to August 31, 1978 to include them in our written staff review. If this is not possible, you or our staff can present your views orally at the Commission meeting. Thank you for participating in our A-95 review process. ENCLOSURE RMG:Srh 8/18/78 Very truly yours, Richard M. Glad tone Executive Director amesbury andover hoxford georgetown groveland haverhill lawrence merrimac methuen newbury newburyport north andover rowley Salisbury west newbury of 4. NARRATIVE DESCRIPTION OF PROPOSED DEVELOP IEN T North Andover Homes is a 230 -unit to�;mhouse development located on lela.verly Road, .in North Andover. There are 92 one -bedroom, 69 ttigo- bedroom, 46 three-bedroom, and 23 four-bedroom units on a 3I+ -acre site: The density will be 7.4 dwelling units per acre. Of the total number of dwelling units, 138 will be constructed as townhouses, with 2-4 bedrooms for low - and moderate -income families. Each townhouse will have a private entrance and yard in both the front and rear of the house, and each will have a first and second floor. As in most single-family homes, kitchen, dining and living rooms will be located on the first floor and bedrooms and bath will be on the second. The remaining 92 units will be one -bedroom apartments for the elderly and couples without children. Although similar to the to,,gnhouses in exterior. appearance, the apartments will be constructed in groups of four. The pair of apartments on the first floor will have direct access .to the ground and their oti,rn patios, and the two apartments above them_ will be served by a one-story flight of stairs. In designing the units and in locating them on the site, special attention has been given to providing most of the benefits of single- family detached homes, while conserving land and achieving economies in construcation. The townhouse has been chosen as the basic housing type in order to encourage the kind of personal identification writh and responsibility for one's own property that is consistent with. the home ownership objectives of this proposal. The units will be grouped into e`rh+-_t-.ti: ,:^.-.�4-ter. �.::�'-o:testi/ti'.:.d.�ii;.c:{_<F.?%t�,'?.w,.,r.xf�rv�,`.p•.,:::.i.�i"i�::>'s"r-w.f...:.:.:-a:,-;..._^:.r-:•:=.^..'r,:i.�i <'..;a>..:::`�:::ti: .�.%it ^.i:,:a`.:. <...v rGS!:': -'. - .. y clusters, and the natural vegetation between the clusters will be preserved to maintain the natural wooded character of the property. After construction is completed, 79 percent of the site will be available as open space. Primary access to the site will be via a road constructed to intersect 14averly Road at the trouthwesterly corner of the site. Emergency access drives for police and fire purposes will be provided to Wood Lane. Parking will be provided in the ratio of 1-1/2 spaces per townhouse and 1-1/4 spaces per one -bedroom apartment and will be located for convenient and safe access to each house. The development will make use of town water and sanitary sewer facilities. Adequate Crater supply is available in Waverly Road with an additional connection point in Autran Avenue. An adequate sanitary sewer is also available in Waverly Road. Storm drainage will be handled by a piped system connecting to existing colverts under Waverly Road. During tet seasons, a portion of the watershed's runoll traverses the site, flowing toward the Shawsheen River. Approximately 40 percent of this water ente-^s the site at its southeasterly corner by way of the Wood Lane right-of-way. The balance of the flow has.been artificially concentrated and diverted onto the site by the storm drainage system of a multi -family housing development located above the site. B-oth of these flows will be carried through the parcel by means of a piped storm water system, crossing under Waverly Road through an existing culvert some 1,000 feet to the north of the subject property. Flow through the existing culvert adjacent to the cemetery road will be substantially reduced. J n ad di ti or to the hones , a con r.uni ty bui l di no be provided for such uses as meetings, children's play, social activities, and a maintenenaceshop. Adjacent to this building will be outdoor recreation facilities, including a playing field, playground, tennis and basketball courts. In overall appearance, the proposed development has been designed to be in scale and character with the surrounding neighborhood. The exteriors of the buildings will include familiar materials, second -story overhangs and pitched roofs, and sufficient open space Will be provided to give privacy to both the occupants of the development and their neighbors. All of the dwelling units are intended to be developed as a cooperative. For the term of the mortgage, the occupants will be subject to income limitations of the state and federal programs under which their homes are, subsidized, and to additional WA requirements designed to insure continued proper maintenance and the economic stability of the development. In accordance with MHFA regulations, 25 percent or, 58 of the dwelling units will be made available to low-income persons, and the remaining 75 percent or 172 will be offered to persons of moderate income. Or HOUS11dG APPEALS PLANNING OFFICE FOR Ur.BAN AFFAIRS VS. NOR'1'Ii ? ?M) VER BOARD OF APPEALS -,-T TO I)ECISION OF MUS -IN'} i l,S C'0 1i I "1'% - `�UP)'I:IOR COURT ?F`r'HE: rPPti;7I_S COURT --o be heard by the Co_ - a -t_ . t ,7�id�:e It of size ;r c!r;) sated T<,,-,u�:ry 1.7., _: eri-or_ Court, case 1-j u- _ ci�;_,1 icer 1 __=•:a the Appeals Court. _ :gmont of the Superior .-___--- J ;t,t=S' r-Cto d the re said= -.15 C }ttr{:, it iSthe cam be j'i>L)Ga]_S Ci_'C? far further plocre.dings cc. Z,t with said :Ci:Sc:i']-pt, the c„f ��l: for Court �_�tai.ni:?g _ • ��t � �.�n. cUrth_ �r P•I-i�Ce( (i1T?(3s, t.1-10 i10llS . kjpon :;uch f rullo`,aitl3 <�riier: t: i] Col'KLLne is 11(21 -('by n& -,d I)y si-ri.40(i of the liousi_ng Appeals- �_c r 3 and substituting the: 7 c '-tile following* condit i0n Compliance inspections shall be carried out by local officials in the 3 usual manner. Any dispute or grievance aring out of any interp retation, siorder rection or failure to act shall be referred by either party to the requirement, di Building Code repeals Board as provided for in G.%. c. 23B s. ?_3 and Section State 126.1 of the State Building Code. FOR 'mF, HOUSING APPEALS COI1MITTEE LrLt� G fr 7 Date: —_— Maurice Colman, Cha r i i t Compliance inspections shall be carried out by local officials in the 3 usual manner. Any dispute or grievance aring out of any interp retation, siorder rection or failure to act shall be referred by either party to the requirement, di Building Code repeals Board as provided for in G.%. c. 23B s. ?_3 and Section State 126.1 of the State Building Code. FOR 'mF, HOUSING APPEALS COI1MITTEE LrLt� G fr 7 Date: —_— Maurice Colman, Cha r ^A �� (Letterhead -North Andover Board of Appeals) COMPREHENSIVE PERMIT l , jPlanning Office for Urban Affairs, Inc. 60 School Street --Room 180 G Boston, Massachusetts 02108 NRe: North Andover Homes MHFA #72 -106 -NC Gentlemen: In accordance with the Findings, Rulings, and Order of the Housing Appeals Committee, dated May 5, 1975, in the matter of the Appeal of the Planning Office for Urban Affairs, Inc., from the denial of its 'application for a comprehensive permit by the North Andover Board of Appeals, the North Andover Board of Appeals hereby issues this COMPREHENSTVE'PERMIT to the Planning Office for Urban Affairs, Inc., for the construction of 230 dwelling units on the certain parcel of land located on the easterly -side of Waverly > Road and abutted on the south and east by Trustees of Reservation land N, Ir and Wood Lane, which land was more fully identified in the application T submitted to this Board, dated December 19, 1973. c. The construction shall be in conformity with the pians and specifications prepared by the firm of Goody, Clancy, and Associates, dated e 1�T97-;, and filed with this Board this date„ i . /* difications approved by the Massachusetts Housing Finance Agency prior to the loan closing or during the construction period shall be permitted so long as such modifications are substantially in accordance with the preliminary plans originally submitted to the Housing Appeals Comm 11t4Aee This COMPREHENSIVE PERMIT and the construction hereunder shall also -ai r.'t" be subject to all of the conditions set forth by the Housing Appeals• Committee in its Findings, Rulings, and Order of May 5, 1975, as amended February 14, 1977. In accordance with Condition 5 of the Findings, Rulings, and Order of. the Housing Appeals Committee, this permit may be assigned by the Planning Office for Urban Affairs, Inc., to North Andover Homes, Inc., a charitable corporation which has been formed to comply with the requirement of the Massachusetts Housing Finance Agency that a new corpgration be created to serve as mortgagor.��w�'L�.� NORTH ANDOVER BOARD OF APPEALS DATED:'. JOHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS. JR. 1` LYNCH, WILLIS AND WILLIS ATTORNEYS -AT -LAM! 160 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 June 27,' 1978 TELEPHONE 685.3551 Frank Serio, Jr., Chairman Board of Appeals Town of North Andover Town Building North Andover, EIA 01845 Re: Comprehensive Permit Application Gentlemen: Responding to your inquiry by letter of June 15, 19789 I would like to give the following opinion: General Laws, Chapter 40B, Section 23 makes your function, once a decision has been made by the Housing Appeals Committee, purely ministerial. The Statute specifically states "the Board of Appeals shall carry out the order of the Hearing Appeals Committee within thirty (30) days of its entry and upon failure to do so, the order of said Committee shall, for all purposes, be deemed to be the action of said Board unless the Petitioner consents to a different decision or order by such Board". As you can see from the language of this Statute, there is nothing further that the Board of Appeals need do. Though you do not have to take any official action, I suggest that your records show that as a result of an order of the court, you issued the comprehensive permit requested. In this connection, and in order that your decision would be in conformance with all of the details of the decision, I have taken the liberty of contacting the attorney for the Archdiocese and asked him to provide me with a suggested form of decision he may want from your Board. He has provided me with the form that he desires and for your assistance I am enclosing said form and suggest that yon adopt it as your vote issuing the comprehensive permit. The Statute also provides that thirty (30) days after the entry of the decision of the Hearing Appeals Committee, the order shall for all intents and purposes, be deemed to be the action of your Board. That being so, I suggest you act promptly on this matter or otherwise the Petitioner can proceed without this permit. in the event you have any further questions in this matter, please do not hesitate to contact me. Very truly sirs, JJ,�l. Y o h n J vJi i, �. psw Enclosure Town Cou el l r JOHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS. JR. LYNCH, WILLIS AND WILIIS ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01865 TELEPHONE 685-3551 Frank Serio, Jr., Chairman 2 J,)ne 27, 1978 P. S. Also enclosed is a copy of a Judgment issued by Judge Linscott at a session of the Essex County Superior Court sitting in Newburyport on June 15, 1978, which hearing Z attended. John J. Willis (Letterhead -North Andover Board of Appeals) COMPREHENSIVE PERMIT Planning Office for Urban Affairs, Inc. 60 School Street --Room 180 Boston, Massachusetts 02108 Re: North Andover Homes MHFA #72 -106 -NC Gentlemen: In accordance with the Findings, Rulings, and Order of the Housing Appeals Committee, dated May 5, 1975, in the matter of the Appeal of the Planning Office for Urban Affairs, Inc., from the denial of its application for a comprehensive permit by the North Andover Board of Appeals, the North Andover Board of Appeals hereby issues this COMPREHEN$TVE:=PERMIT to the Planning Office for Urban Affairs, Inc., for the construction of 230 dwelling units on'the certain parcel of land located on the easterly side of Waverly Road and abutted on the south and east by Trustees of Reservation land and Wood Lane, which land was more fully identified in the application submitted to this Board, dated December 19, 1971. The construction shall be in conformity with the plans and specifications prepared by the firm of Goody, Clancy, and Associates, dated June 16, 1978, and filed with this Board this date, it being specifically. understood that modifications approved by the Massachusetts Housing Finance Agency prior to the loan closing or during the construction period,shall be permitted so long as such modifications are substantially in accordance with the preliminary plans originally submitted to the Housing Appeals Committee. This COMPREHENSIVE PERMIT and the construction hereunder shall also be subject to all of the conditions set forth by the Housing Appeals Committee in its Findings, Rulings, and Order of May 5, 1975, as amended February 14, 1977. In accordance with Condition.5 of the Findings, Rulings, and Order of the Housing Appeals Committee, this permit may be assigned by the Planning Office for Urban Affairs, Inc., to North Andover Homes, Inc., a charitable corporation which has been formed to comply with the requirement of the Massachusetts Housing Finance Agency that a new corporation be created to serve as mortgagor. NORTH ANDOVER BOARD OF APPEALS M. DATED: "o �.Z'eCIG�%�B C/��CB / �a/7L/iLlG2G�G.1 CG/z� el/el�eGO`L/nerL� MICHAEL S. DUKAKIS GOVERNOR WILLIAM G. FLYNN June 16, 1978 SECRETARY Board of Appeals Town of North Andover Town Office Building North Andover, MA 02066 Re: North Andover Homes --MTA #72 -106 -NC Planning Office for Urban Affairs, Inc. v. North Andover Board of Appeals Gentlemen: 727-7765 Please be advised that the plans and specifications, dated June 16, 1978 prepared by the firm of Goody, Clancy and Associates are hereby determined to be substantially in accordance with the preliminary plans suhndtted to the Housing Appeals Committee during the hearing on the above captioned matter on July 16 and 17, 1974. very truly yours, HOUSING APPEALS COMMITTEE By A444,4,1- It -eet W4�� Chairman cc: Planning Office for Urban Affairs, Inc. Goody, Clancy and Associates /Z)�-) � AN EQUAL OPPORTUNITY EMPLOYER GOODY, CLANCY & ASSOCIATES, INC., ARCHITECTS 334 BOYLSTON STREET BOSTON, MASSACHUSETTS 02116 (617) 262-2760 22 June 1978 North Andover Zoning Board of Appeals North Andover Town Hall North Andover, Massachusetts Re: North Andover MHFA #72 -106 -NC Gentlemen: I hereby certify that the plans and specifications, dated June 16, 1978, are substantially in accordance with the prelim- inary plans submitted to the Housing Appeals Committee on or about July 15, 1974. Very truly yours, GOODY, CLANCY AND ASSOCIATES, INC. ?Jhn M. Clancy, AIA C/bb JOHN M. CLANCY JOAN E. GOODY MARVIN E. GOODY ROBERT J. PELLETIER ESS]_1x, Ss. BOARD OF APPEALS 0.17 THIrE TWIN' NOYTH ANDOVER, r)lai nti. Lf- V HOUSING APPI,]ALS CO'MVITTEE, PLANNING OFFICE FOR URT'AN r A S , T ' CATHOLIC CHARITABIT.IE BURLAT OF THE ARCHDIOCESE OF BOSTON, Defendaut-, i U Ll f; N1, This matter camE,, ol-i tc)i�E. the aft h c nn(a tt e,.,, to .'Q remand f r 1-1 ID j Ap o Connittee, an -3 ilftel."' "Urther- rtroceedi'ho-'r 0 C, d a t e Appeals Cormittee ill c c o r, -j r,, -cr January 11, 1977q it is her�-�bv- OP-DEPE1.) and ADjUDCGED t; ­.,*1 t The decision of c_he finusing Appeals C(Dmmitter:z, as dnercled on 1."eb,-.:uary 1.4, jS e . f47 19117 1 irwked.4 U R,'( P ca"UF;1 Dated: June 15, 19783. 4 JustlCe Of th-e Su_mperior Court - L' I June 15, 1978 John J. Willis, Sr., Town Counsel 160 Pleasant Street North i►ndover, Ka. Dear Mr. Willis: &closed you will find correspondenoe received from tae Planning Office for Urban Affairs, Archdiocese of Boston requesting the issuance of a Compre— hensive Permit. Please advise how we are to make out this Permit. Also, is there a time limit involved under which we have to act? Your prompt attention to this matter will be greatly appreciated. gb ccs Board of Selectmen Enc. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman PLANNING OFFICE FOR URBAN AFFAIRS I Archdiocese of Boston 7 Marshall Street '- Boston, Massachusetts 02108 • Tel. 227-2200 • Rev. Michael F. Groden, Director June 12, 1978 Mr. Frank J. Serio, Chairman North Andover Board of Appeals Town Office Building North Andover, MA Re: Comprehensive Permit Application of Planning Office for Urban Affairs, Inc. Dear Mr. Chairman: The Planning Office for Urban Affairs, Inc., anon -profit corporation, applied to the North Andover Board of Appeals on December 19, 1973, for a comprehensive permit for the construction of 230 dwelling units on a 31 -acre parcel of land then owned by the Roman Catholic Archbishop of Boston, a corporation sole.. The application was submitted pursuant to the provisions of M.G.L. c. 40B ss. 20-23 and with the consent and in behalf of the then owner of the land. The subsequent denial of the application by your Board was appealed to the Housing Appeals Committee which, on May 5, 1975, determined that said denial was unreasonable and not consistent with local needs. That ruling was subsequently appealed to the Superior Court and the Massachusetts Appeals Court. The decision of the Housing Appeals Committee was upheld by the appellate courts with the exception of Condition 3 in The Housing Appeals Committee's Findings, Rulings, and Order which the Appeals Court found to be beyond the scope of the Committee's power in light of the subsequent enactment of the Massachusetts State Building Code. A copy of the Housing Appeals Committee's Findings, Rulings, and Order and an amendment thereto is attached. The judicial appeal process having is now under an affirmative obligation and the applicant, Planning Office for do so forthwith. i; been completed, the Board of Appeals to issue the comprehensive permit Urban Affairs, now requestsyou to "Some men see things as they are and say, why? 1 dream things that never were and say, why not?" RFK Mr. Frank J. Serio 2 June 12, 1978 Please be advised that the Massachusetts Housing Finance Agency requires that each mortgagor be a separate corporation and that North Andover Homes, Inc., a charitable corporation, has been organized under the provisions of MGL c. 180 for this purpose. In its Findings, Rulings, and Order, the Housing Appeals Committee directed that the Board of Appeals issue or transfer the comprehensive permit to the mortgagor corporation upon request. Very truly yours, PLANNING OFFICE FOR URBAN AFFAIRS, INC. By G. Dolan, Jr. General Counsel JGD/jaf Enclosure FINDINGS, RULINGS AND ORDER In view of our subsidiary findings and rulings, and upon a review of the whole record, under the provisions of the C1, C. 40B, s. 23, the Committee rules that the decision of the Zoning Board of Appeals of North Andover was unreasonable and not consistent with local needs. The Housing Appeals Committee finds that the proposed project will not cause any environmental irRpact, and finds further that all feasible Treasures have been taken to avoid or minisrdze said impact, ` and that no environmental impact report is necessary, all in accor- dance with G„ C. 30, ss 61-62, the rules and regulations of the Secre- tary of Environmental Affairs, and the Staterrent of the Secretary on Environmental Assessment form dated January 23, 1974. The decision of the board is hereby vacated and the board is directed to issue a Comprehensive Permit to the Appellant. Said Ccuprehensive Permit shall provide for a housing development on the locus which is the subject of this appeal in the approximate number of units and design as presented before the Housing Appeals CcIIm Tdttee . ti Said Comprehensive.Permit shall include all permissions necessary to complete the construction of said housing develogn--nt which would otherwise be required from local boards, departments or agencies of the town of North Andover, including, 'but not limited to, permission to deviate from the requirements of the Board of Public Works Rules and Regulations as follows: -19- a. The requirement that "each unit of town house condominiumts must be provided with a separate water and sewer service", should such re- I Ti-lation be deemed to apply. b. The requirement that the "main sewer extensions" be of vitrified clay, should such regulation be deem'd to apply to the sanitary sewer lines to be constructed on the Applicant's property. Said Conprehensive Permit shall be subject to the following further conditions: 1. Construction shall comply with the provisions of the State Uniform Building Code as provided by St. 1972, C. 802,effective January 1, 1975. 2. No construction shall conwp-nce until detailed construction plans and specifications, substantially in accordance with the preliminary plans submitted to the Housing Appeals Conrnittee, shall have been approved by the Massachusetts Housing Finance Agency and until said Agency has granted a construction mrtgage loan for the construction of the project. -3. Compliance inspections ahall be carried out by local officials in the usual manner. In the event that disagreement between the builder and local officials arises, certification by the DeparTaant of Corm nity Affairs, if requested, shall be adequate proof of compliance with any requirement under the -Comprehensive Permit, or any of the other terms of this order. r -20- 4. If anything in this decision would seem to permit the building or operation of the project in accordance with standards less safe than _ the applicable building and site plan requiremP_nts of the agencies financially assisting the project, the standards of such agencies shall control. 5. That in the event that the Massachusetts Housing Finance Agency shall require that a new corporation be created to serve as mortgagor, this Ccxnprehensive Permit shall be transferred, without further charge and upon, presentation of written notice to this effect by the Appellant to the Board of Appeals, to such a new "non-profit corporation, provided that a r'ajority of the officers and/or directors of such new corporation shall be officers or directors of the Planning Office for Urban Affairs, Inc. • � r J / J HOUSING APPF.A7 S COI,qITTEE Date � Maurice Gorman, Chairman nliliam C. Arms C-1 W?" T� C. Wesley Dingman i t - r MICHAEL S. DUKAKIS GOVERNOR WILLIAM G. FLYNN SECRETARY Essex, ss. ire �oin-�IllYl2lr-C'll.�[� o� �/GuiJ�aclau�erffil �c`i�erGinect>t a/' �m�cruniG� �jll�ri�1 �euexell (a�on.�la� �ucft�inf, �oveXra�nen6 7�enlex 'l00 ra.rnr<"Wye JGxeel o9�on, �/j��j6rrc/ric0e/4 02202 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF COMMUNITY AFFAIRS Superior Court Docket No. {Filed BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER V. HOUSING APPEALS COMMITTEE PLANNING OFFICE FOR URBAN AFFAIRS, INC. CATHOLIC CHARITABLE BUREAU OF THE ARCHDIOCESE OF BOSTON, INC. CERTIFICATION OF SUPPLEMENT TO RECORD I, Maurice Corman, certify that I am Chief Counsel of the Department of Community Affairs and that the attached is a true copy of a supplement to the record,in the above entitled matter. Maurice Corman Attest Chief Counsel COMMONWEALTH OF MASSACHUSETTS HOUSING APPEALS COMMITTEE PLANNING OFFICE FOR URBAN AFFAIRS VS. NORTH ANDOVER BOARD OF APPEALS AMENDMENT TO DECISION OF HOUSING APPEALS COMMITTEE, UPON JUDGMENT OF._SUPERIOR COURT AFTER RESCRIPT FROM APPEALS COURT_ This case came on to be heard by the Committee after Judgment of the Superiaar Court (Essex Superior Court, case number. Civil 2646) dated January 11, 1977 after rescript from the Appeals Court. The Judgment of the Superior Court states: "...as directed by the said Appeals Court, it is ordered and Adjudged: that the case be remanded to the Housing Appeals Committee for further proceedings consistent with said rescript, the Superior Court retaining jurisdiction." Upon such further proceedings, the Housing Appeals Committee herewith issues the following order: The decision of the Housing Appeals Committee is hereby amended by striking out condition number 3 and substituting therefor the following: - 2 - 3. Compliance inspections shall be carried out by local officials in the usual manner. Any dispute or grievance arising out of any interpretation, order requirement, direction or failure to act shall be referred by either party to the State Building Code Appeals Board as provided for in G.L. c. 23B s. 23 and Section 126.1 of the State Building Code. Date: 9 FOR THE HOUSING APPEALS COMMITTEE A Maurice Corman, Chairman Department) Housing App 141 bilk St Boston, Ma. Gentlemen: Community A s Committee Re Board of for Urban Please give its guidano of a Comprehensive Permit. Your reply as soon as possible gb March 25, 1976 s of N. Andover v. Planning Office ion to the issuance. Frank SeriVj*., Chairman - ,1 r- - � 67-1ce u 6xwmkk e ©ecce al &nv6xanmen&1 *Iaek4 a X00 �ccm�xi��e J�xee� WM see y`y EVELYN F. MURPHY SECRETARY March 23, 1978 Frank Serio, Jr. Chairman, Board of Appeals Town Hall North Andover, Massachusetts 01845 Dear Mr. Serio: I would like to thank.you for your comments during the review of the North Andover Homes Project (EDEA #00511R). The comments received during this period were thoroughly considered along with the results of a staff field trip and consultation with the project proponent and involved state agencies. It is my judgement that the project, as des- igned and as licensed by the Department of Environmental Quality Engin- eering, does not pose potential for significant environmental impact and that therefore an environmental impact report is not required. Although this decision is not the decision your comments urged, I do wish to assure you that your efforts in bringing concerns to my attention is appreciated. Not all projects which may have some environ- mental impacts do require full reports. Where, as was the case in the project, potential impacts are of purely local effect, and where the design has indeed mitigated impact after review by an environmental agency - the DEQE - the threshold of significance embodied in the statute is not reached. The comments of concernced citizens play an important role in assisting these decisions to be made and your con- tinuing attention to environmental protection is deeply appreciated. EFM/AMP/arm Sincerely yours, Evelyn F. Murphy Secretary LPA March 3, 1978 Evelyn F. Murphy, 3eoratar-! Executive office of Environmental Affairs 100 Cambridge Strout OBoston, 14a. 02202 Attn: Unit Dear Mrn. "ttrl-hy: _Aoc.­';o of' -,,l or)�,,�rjt on Fin�,=o "or "'t) .-.ro7oc inr:n- Road unC,_ an Lnt;enzment fu:er.i 47.!ucr:i - 1,ijud ,your �;c'could lij-- to brin.- to your attention the f"ct t1rit thij land lie,.: �.Atllia vlatl-:ad_c area. Thus, a project of this mac;nitudo will only cen!c to iacre'-_110 'Vle already existing severe draina,7,c and floodinL-, problems. The North Andover Board of Appeals requests that. an-MlirO-1 m t Study be required on this property* Thanking you in advance for your attention to Viir r,_-ttcr, ,.!e rem-ein Very truly yours, HOARD (F'.APPFALS Frank Serio, Jr., Chairman gb . PUA8M18G OOA80 .. TOWN OF NORTH A-YNWOVER A"'S`"S � A C" U` `E T T S Avea7n Board of Appeals Town Office Building North Andover, Ma. Gentlemen: October 26, 1976 In response to your letter of October 25, the Planning Board wishes to invite you to its next meeting on Chapter 808 which will be held on Monday evening, November 29, 1976 at 7:30 P.M. in the Town Office Meeting Room. Very truly yours, PLAIWNG BOARD Pritt Os herr, Chairman gb October 23, 1976 O Planning Board Town Office Building North Andover, Ma. Gentlemen: The Board of Appeals would appreciate the solicitation of its input into your deliberations on Chapter 808. Thank you for your consideration in this matter. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., 1r( Chairman (J gb /" hfflffi MBO rau,N on NonTa.. ,pcA�OMr :t 1855 Board of Appeals Town Building North Andover, Massachusetts Gentlemen: TTS February 10, 1975 The PLANNING BOARD has received and reviewed the following petitions and has no comment to make regarding same. 1. Harold G. & Hurano Ferguson 2. Arthur S. Fundeklian Very truly yours, PLANNING BOARD William Chepulis, Chairman GB PVAB�Ih� 80Afl0 TOW -N OF NORTH ANDO_7 M AC`S*S,A-CrH-II.:S=EyT"`T"S ret MO�+r 1855 Mr, Frank Serio, Board of Appeals Town Building Jr., Chairman North Andover, Massachusetts Dear Mr. Serio: January 13, 1975 As you already know, I was appointed Chairman of the Earth Removal Ad Hoc Study Committee last September, 1974• As part of our earlier studies, I conducted an on—site tour to provide the Committee with insight and hardships that can be involved in an operation of this type; also, the importance of reviewing this section of the By—Law was stressed. Since then, many hours of study, discussion and consideration were undertaken by my Committee. Enclosed please find the proposed regulations prepared by the Study Committee for your Board's review. Recommendations will be considered before submittal to the Planning Board at a public hearing. It is my opinion that the proposed laws are not too restrictive and are designed in the best interest of the pit owners, conservation, and the Town of North Andover. Respectfully submitted, �+if BOARD ���� �; . 1 �' �ulemms;.C1e WNS:gb Enc 1.