HomeMy WebLinkAboutMiscellaneous - Waverly and Greenef
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STOCK No. 7521/3
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MADE IN U.S.A.
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TOWN OF NORTH ANDOVER,
MASSAC US TTS
BOARD OF�APEALS
Notice is hereby given that the Board of Appeals will hold a
public hearing in Wednesday evening, Aplil 15, 1981 at 7:30
p.m. in the Town Office Meeting Room to 411 parties interested
in the appeal of the North Andover Housing Authority for a
Comprehensive Permit pursuant to Chapter 40B, Section 21-23
of the Massachusetts General laws, so as to permit the erection
of 60 units of elderly housing on a site of approximately 3.06
acres located on the westerly side of Waverly Road at the cor-
ner of Greene Street.
PER ORDER OF THE BOARD OF APPEALS
BY: FRANK SERIO, JR., CHAIRMAN
LET — April 1, 6, 1981
�irth�qy toast
Lawrence firefighter Bob Sombotaro . cele-
brotes by tapping barrel of his own wine and
raising first`gloss to mark another year.
Page 5
Today is her day
L. Joyce Hampers, the Massachusetts revenue
commissioner, will go to the U.S. Circuit of Appeals
today in her effort to prevent federal prosecutors
. C
Le al Notice
TOWN OF
NORTH ANDOVER
MASSACHUSETtS
BOARD OF APPEALS
HOR7M
OE tt�ao re �ti0
O "
,,rao •�`4y
,SSACMU`+Et
March 19, 1981
Notice is hereby given that
the Board of Appeals will
hold a public hearing on
Wednesday evening, April
15, 1981 at 7:30 p.m. in the
Town Office Meeting Room
to all parties interested in the
appeal of the North Andover
Housing Authority for I a
Comprehensive Permit pur-
suant to Chapter 40B, Sec-
tion 21 of the Massachusetts
General Laws, so as to permit
the erection of 60 units of
elderly housing on a site of
approximately 3.06 acres
located on the westerly side
of Waverly Road at the cor-
ner'of Greene Street.
Per Order of the Board of
Appeals
By: Frank Serio, Jr.
Chairman
Publish: North Andover
Citizen: •March 26 and April
2, 1981
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Old Floors, sanded
and refiriished,
made like new.
Call 682-1485 or
893-0222.
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NORTH ANDOVER
MASSACHUSETTS
BOARD OF
'APPEALS
NOTICE
OE NORTH
x A ,
,SSACHUSftt
March 19, 1981
Notice is hereby given that
the Board of Appeals will
hold a public hearing on
Wednesday evening, April
15, 1981 at 7:30 p.m. in the
Town Office Meeting Room
to all parties interested in the
appeal of the North Andover
Housing Authority for • a
Comprehensive Permit pur-
suant to Chapter 40B, Sec-
tion 21- Section 23 of the
Massachusetts General Laws,
so as to permit the erection of
60 units of elderly housing on
a site of approximately 3.06
acres located on the westerly
side of Waverly Road at the
corner of Greene Street.
Per Order of the Board of
113y: Frank Serio, Jr.
Chairman
Publish: - North Andover
Citizen: March 26 and April
2, P981.
n .VVQII i N..".
Hector Olivera, organist, will give a
benefit concert for the museum's orga
restoration fund. Hammond Castle,
'Gloucester 8 p.m. $10.
.Sunday, April 5
Spring Rummage Sale will be sponsore
by Sisterhood of Temple Emanuel, 7
'Haggetts Pond Rd., Andover, 9 a.m. tc
5 p.m.
Canoe Trirp for beginners to experts
jboaters will be sponsored by the Ipswic
River Watershed Association. Meet a
`Jenk's Bridge, Woburn St., Wilmington
at 10 a.m. Call Walter Harmer at
1-887-8671 for more information.
.Sixth Annual Superama Fundraiser wil
be sponsored by the March of Dimes a
Methuen High School, 10 a.m. to 10
{ p.m.
Hike over Doyle. Conservation Loop in
Andover will] be sponsored by the An-
dover Appalachian Mountain Club. Mer
at West Parish Church Cemetery en-
trance on Route 133 at 1:30 p.m.
"Lupus—a Psychiatrist's Perspective'
will be the subject of a talk by Malcolr
Rogers of Brigham Hospital at a meetii
of the Merrimack Valley Lupus Er-
themstosus Foundation at Boon Secou
Hospital, 2 p.m.
Faculty Music Recital at Phillips
Academy, Addison Gallery, 3 p.m. Fri
John Tavano will present a classical
guitar recital at Cobbler's Bench
Restaurant, Haverhill, 3 to 5 p.m. $2
Monday, April 6
"Hidden Allergies in Food Processini
will be the topic of a talk by Beatrice
;Hunter at Kurth Auditorium, Lawrenc
!General Hospital, Lawrence 7:30 p.rT
!$2.
Tuesday, April 7
Legai Notice
TOWN OF
NORTH ANDdI ER '
'MASSACHUSETTS
BOARD OF APPEALS
NORTH
+
c r ,
• - y
9SSACHUSEt
i
March 19, 1981
Notice is hereby given that
the Board of Appeals will
hold a public hearing on
Wednesday evening, April
15, 1981 at 7:30 p.m. in the
Town Office Meeting Room
t6-all.parties interested in the
appeal of the North Andover
Housing Authority for a
Comprehensive Permit pur-
suant. to Chapter 40B, Sec-
tion 21 of the Massachusetts
General Laws, so as to permit
the erection of 60 units of
elderly housing on a site of
approximately 3.06 +acres
located on the westerly side
of Waverly Road at the cor-
ner of Greene Street. .
Per Order of the Board of
Appeals
By: Frank Serio, Jr.
Chairman
Publish: North Andover
Citizen: March 26 and April
It ,oQi
NORTH
Of ��•• � 4h
$ACNUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given,that-the Board of Appeals will hold a
public hearing on Wednesday evening, April 15, 1981 at 7:30
p.m, in the -Town Office Meeting.Room to all parties interested
ins the appeal of, the North Andover Housing Authority for. a
Comprehensive Permit pbrsuant to Chapter 408, Section. 21-23
of the Massachusetts. General laws, so as to permit the erection
of 60 uriits'of elderly housing on a site of 'approximately 3.06
acres located on the westerly side of Waverly Road at the cor-
ner of Greene Street.
F � �10RIAL
A
Invention
a blessing
and curse,
11
March 26, 1981
Notice is hereby given that the Board of Appeals grill hold a public hearing
on Wednesday evening, April 15, 1981 at 7130 p.m. in the Town Office Meeting
Room to all parties interested in the appeal of the North Andover Housing.
Authority for a Comprehensive Permit pursuant to Chapter 40B, Section 21--23
of the Massachusetts General saws, so as to.permit the erection of 60 units
of elderly housing on a site of approximately 3.00 acres located on the westerly
side of Waverly Road at the corder of Greene Street.
Per Order of the Board of Appeals
By: Frank Serio, Jr., Chairman
e i une: I -I l L and April , 1981
Send bill to. North Andover Housing Authority
P. 0. Box 373
North Andover, Hass. 01845
Szmd 5 proofs to: Jean White, Town Office Building, North Andover, RIass. 01845
a r.
March 19, 1981
Notice is hereby given that the Board of Appeals will held a public hearing
on WednesetV evening, APnil 151 1981 at 730 p.m. in the Torn Office Meeting
Room to all ;parties interested in the appeal of the North Andover Housing
Authority for a Comprehensive Permit pursuant to Chapter 40B, Section 21 of
the Massachusetts General L wis,'so as to permit the erection of 60 units of
elderly housing on a site of approximately 3oO6 acres located on the westerly
side of Waverly Road at the corner of Greene Street.
DPer 4rder'Vfof the Board of Appeals
By: Frank Serio; Jr., Chairman
Publish: North Andover Citizen: March 26 and. April 2, 1981
Send bili. to: North Andover Housing authority
P. 0. Box 373
,North Andover, Mass. 01845
Sena 5 Proofs to Jean E. White, -Town Building, North Andover, Mass.
J
rl TOWN OF. NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
3` s
i" °
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y
,SSACMUSt
NOTICE: This application must be typewritten
ON FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Andover Housing Authority Address. P.O. Box 373, North Andover
1. Application is hereby made
(a) For a variance from the requirements of Section , Paragraph
of the Zoning By -Laws.
Comprehensive/Pursuant to Chapter 40B of the Mass General Laws
(b) For a Spaciak Permit under Section 21 ,Pa=gxapWxxxxxxxxxxxz2xbhe
�x1a�n�
(c) As a party aggrieved, for review of a decision made by the Building Inspector or
other authority.
2. (a) Premises affected are land 3:06 and buildings___3_ numberedGreene & Waverly
Streets, North Andover, MA
(b) Premises affected are property with frontage on the North , South ,
East . - , .West x side of Waverly Road 5Rt, and known as
No. Green -e Street::
(c) Premises affected are in Zoning District R-4 , and -the premises affected have an
area of 1331000 and frontage of 315 feet. on Waverly Road and
370 +/- on Greene Street.
3. Owndrship:
(a) Name and address of owner (if joint ownership, give all names):
Herbert F. Hayes, 310 Greene St, North Andover, MA 01845
Rights to property held by North Andover Housing Authority
t'o A r e nt r e O r
xi . Weft& o e'r Herbert F. Hayes
(b) If applicant is not owner, check his interest in the premises:
Prospective purchaser
Lessee
X Other (explain) Optionee for the purpose of developing 60 units of
Elderly -Huustny
4. Size of proposed building: 172 front; 2 55 feet deep.
Height: 2 & 3 stories; 30 & 39 feet.
a) Approximate date 'of erection: October 1, 1981
b) Occupancy or use of each floor:_ lst floor -14 one bdrm, 2nd floor -22 units
Community space, 3rd floor -24 units -one bedroom.
(c) Type of construction: Wood construction -brick frame plus office and
maintenance space see attached plan
5. Size of existing building: `36. feet front; 22 feet deep.
Height: 2 stories; _2R feet.
(a) Approximate date of erections Late 1700's
(b) Occupancy or use of each floor: Dwelling and living space.
(c) Type of construction wnnd Frame
6. Has there been a previous appeal, under zoning, on these premises? No
If so, when? N/A .
7. Description of relief sought on this petition
See attached Report
8.
Deed recorced in the Registry of Deeds in Book 1347 Page
Certificate No. Book Page
454 or Land Court
t
P I
f
s hpeprincipal points upon which I base my application are as follows; (must be stated in
detail.
I agree to pay for advertising in newspaper and incidental expenses.
(Petitioner's Signature)
Sec. 1 APPLICATION FORM
Every application for action by the Board shall.be made on a form approved by the Board.
These forms shall be furnished by the clerk upon request. Any communication purporting
to be an application shall'be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All information called for by
the form shall be furnished by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in Interest" which list
shall include the petitioner, abutters, owners of land directly opposite on any public
or private street or way, and abutters to the abutters within three hundred feet of the
property line of the petitioner as they appear on the most recent applicable tax list-,
notwithstanding that the land of any such owner is located in another city or town, the
Planning Board of the city or town, and the Planning Board of every abutting city or town.
Every application shall be submitted with an application fee sufficient to cover the cost_
of postage of all notices to all parties in interest.
NAME
LIST.OF PARTIES IN INTEREST
ADDRESS,
Herbert F. Hayes Chestnut Street, North Andover, MA 01845
Charles Construction Co, Inc- 200 Sutton Street, North Andover, MA 01845
North Andover Housing Authority - P.O. Box 373, North Andover, MA 01845
ADD ADDITIONAL SHEETS IF NECESSARY
ys 1048
NORTH ANDOVER HOTTSING AUTHORITY
16 FOUNTAIN DRIVE P. O. BOR 373
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. 682-3932
HAYES' FARM ABUTTERS
M/M Vincent Lacolla
11 Pembrook Road
North Andover, MA 01845
(350 Greene Street)
�M/M _-Anthony-.8ellia._
30 Mablin Avenue
North Andover, MA 01845
/Stanley T. Howaniec
Mablin Avenue(no # listed)
North Andover, MA 01845
✓M/M Joseph Pirrotta
17 Mablin Avenue
-North Andover, MA 01845
Annie & Viola Roberts
349 Waverley Road
North Andover, MA 01845
•- M/M Robert Hajjar
20 Mablin Avenue
North Andover, MA 01845
,-M/M Carl Lindfors
14 Mablin Avenue
North Andover, MA 01845
v Joseph A. Tomaselli
315 Greene Street
North Andover, MA 01845
✓ M/M Patrick Moro
307 Greene Street
North Andover, MA 01845
✓ Margarite J. Sarson
361 Waverley Road
North Andover, MA 01845
-,Mr. John Moro
62 Lorenzo Circle i),et0-)uen
vM/M Salvatore Fichera
11 Waverley Road
North Andover, MA
_-M/M Carl Hoyte
368 Waverley Road
North Andover, MA 01845
M/M t. Fredrick z 0- `
360 Waverley Road
North Andover, MA 01845
M/M Genneli Benedetto
354 Waverley Road
North Andover, MA 01845
ZM/M Albert Himber
344 Waverley Road
North Andover, MA 01845
El' ab t- ra
7 Gr_ en Hi --Av nue X
e -84
V MPB Realty Trust
% J. Brien
415 Waverley Road
North Andover, MA 01845
✓Alrose Associates
% J. Brien
429 Waverley Road
North Andover, MA 01845
V M/M Louis Nardozza
432 Waverley Road
North Andover, MA 01845
Mary J. Corcoran
422 Waverley Road
North Andover, MA 01845
th An, — ".r ^t^'- '-M/M Frank T. Duci
(369 Waverley Road) 468 Wood Lane
North Andover, MA 01845
� a l� �- ✓ e � � � 1�-- �-- • � � ��i��,�=air
3 7
i
Hayes' Farms Abutters
c/ M/M William H. Tracey
416 Waverley Road
North Andover, MA 01845
✓ Mr. Peter J. Lafond
478 Wood Lane
North Andover, MA 01845
✓M/M John Lombardi
486 Wood Lane
North Andover, MA 01845
✓M/M Arthur Lynch
408 Waverley Road
North Andover, MA 01845
� M/M Brian J. Finn
475 Wood Lane
North Andover, MA 01845
Philip L. & Claire E. Hyde
485 Wood Lane
North Andover, MA 01845
M/M Henry A. Jewell
497 Wood Lane
North Andover, MA 01845
✓ M/M Edward M. McAloon
16 Great Oak Street
North Andover, MA 01845
✓ Ursula Harvey
288 Greene Street
North Andover, MA 01845
/Irene & Matilda McKenna
278 Greene Street
North Andover, MA 01845
✓M/M J. William Killen
270 Greene Street
North Andover, MA 01845
/Theresa Corradino
273 Greene Street
North Andover, MA 01845
kz a," 62 r,
5
TOWN OF NORTH ANDOVER. MASSACHUSETTS
OFFICE OF
BOARD OF SELECTMEN
zia
Frank Serio, Chairman
Board of Appeals
North Andover, Mass.
Re: New Housing Project
Dear Frank:
TELEPHONE 682-6483
April 7, 1981.
In reference to your Memorandum dated, March 23, 1981,
concerning the new housing project proposed by the
North Andover Housi_n,- Authority, please be advised the
Selectmen approve.the plans as submitted.
Very truly yours,
Board g. Se ctme
C)InW. Graham,
JWG:aml Chairman.
hfflifl UM
TOWN OF NORTH ANDOVER'
MASSACHUSETTS
f NOR7N 1
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�SSA�MUSES
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town Office Building
North Andover, Mass. 0185
April 14, 1981
Re: Pr02Osed Elderly/Handicapped Project on WaverleyRoad
Dear Mr. Serio:
The North Andover Planning Board recommends FAVORABLE ACTION for the proposed
elderly/handicapped housing project on 14averley Road with the following con—
ditions:
1. That the drainage be adecruate on site with regard to coordination of
drainage with the Highway Surveyor on Waverley Road;
2. That the drainage plan meet the requirements of the Highway Surveyor;
3. That the drainage calculations and plans be approved by the Highway Surveyor
and the Planning Board;
4. That any drainage connection into town drainage would require the written
permission of the Highway Surveyor.
Very truly yours,
PLANNING BOARD
Paul A. Hedstrom, Chairman
PAH/jw
cc Mr. William Cyr, Highway Surveyor
JOHN P. THOMPSON. CHAIRMAN RAYMOND J CANTY GEORGE H. SANFORD, CLERK
011 H O oT N 41
3z oL TOWN OF NORTH ANDOVER, MASS.
BOARD OF PUBLIC WORKS
• :_ r WATER. SEWER, PARK. PLAYGROUND AND SCHOOL GROUNDS DEPARTMENTS
.UPRRINTENUENT AND INGINIIR
JOSEPH J. BORGESI
April 9, 1981
Frank Serio, Jr.
Board of Appeals
120 Main Street
North Andover, Mass. 01845
Dear Frank:
Persuant to your letter of March 23; 1981, the Board of
Public Works has reviewed the plans for the proposed elderly
housing on the Hayes property. We have the following recommenda-
tions to make: all materials and installation procedures for
water and sewer construction shall be in accordance with the
specifications of the Town of North Andover, Board of Public Works.
This condition will assure that the installations and
materials will be capable of being maintained by this department.
Thank you, in advance, for your cooperation in this matter.
Very truly yours,
BOARD OF PUBLIC WORKS
Voseph J. Borgesi, Supt.
JJB:lb
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NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
Tel. 686-3812
April 13, 1981
Mr. Frank Serio Jr.
Chairman
Board of Appeals
Dear Chairman Serio,
In reviewing the proposed plans for the new turn key
housing project, the fire department notes the lack of
accessibility to the rear of the project.
In the event that the occupants become trapped because
of a fire in these rear units, an important function of
this department is to rescue them.
Lack of adequate access can only delay or prevent the
fire department from carrying out this vital tactical
consideration.
We, therefore, recommend the following:
1. That the proposed sidewalk at the rear of
the project become an access/exit way for
firefighters and their equipment.
2. The placement of a hydrant at the inter-
section of Green Street and Waverly Road.
3. That the Fire Department review the final
plans of the alarm system for the project.
'Tery truly yo r ,
Dennis L. Currier
Acting thief
d ��
April 22, 1981
Mr. LOUis Minicucoi,, Direotor
North Andover Housing Authority
16 Fountain Drive
North Andover, ?rasa, 01845
Bear Mr, flinioucci
Please submit $38.32 for. the following. -
$25.00 - application fee
1 2 - Postage
83
D
These changes are to cover the costs of processing and mailing yC r recent
petition before the Hoard for the elderly housing proposal on Greene Street.
Your check; or money order should be rade to the ,1omi of Porth Andover and
sent to my attention at the Board of Appeals, Town Offi,oe Building, 120 iiain
Street, North Andover, Mass. 01845,
Thank you for your attention in th*s matter#
Sincerely,
Jean E White, Secretary
Board of Appeals
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NORTH ANDOVER HOUSING AUTHORITY
16 FOUNTAIN DRIVE 0 P. O.' BOR 373
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. 682-3932
MEMORANDUM OF UNDERSTANDING
TO; William A. Cyr, Highway Surveyor
FROM: Louis P. Minicucci, Jr., Executive Director
DATE: April 22, 1981
SUBJECT: 60 -Units of Elderly Housing - Greene St. & Waverly Rd.
In accordance with a meeting held on April 21,. with William A. Cyr,
Highway Surveyor, relative to his concerns on drainage for the
Greene Street and Waverly Road elderly project:
Present: Louis P. Minicucci , Jr., Executive Director
North Andover Housing Authority
P
Patrick Saitta, Vice President., Charles Construction Co.', Inc.
Michael O'Shea, Project Architect,
Michael O'Shea Associate/Architects.
William A. Cyr, .Highway Surveyor, Town of North Andover
It was agreed by all parties concerned, that the following represents the
understanding of said meeting:
1. Bituminous paved parking area would have an
underground drainage system, constructed to
Highway Department standards.
2. Open ended drainage line entering project site
from Waverly Road, would be piped into above
referenced drainage system.
3. All drainage to' be tied into 30 inch storm drain
on Greene Street.
L.P.M.
41ee
NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
Tel. 686-3812
April 22, 1981
TO: BOARD OF APPEALS
FROM: NOR`h ANDOVER FIRE DEPT.
SUBJECT: ELDERLY HOUSING - GREENE & WAVERLY ROAD
Attached is a letter - memorandum of understanding -
submitted to this department on 4/22/81.
This memorandum covers all the points raised by the
Fire Department in the letter of 4/13/81 to your
Board.
The Housing Authority is to be commended for their
cooperation in this matter.
Dennis L. Currier
Acting Chief
t�
°�'••�••••.....••c9� £ NORTH ANDOVER HOUSING .AUTHORITY
2' taGaRPOggTF � 5
16 FOUNTAIN DRIVE P. O. BOR 373
y*;•. 1948:', NORTH ANDOVER, MASSACHUSETTS 01845
��,,�9ss•.......•stb �s TEL. 682-3932
MEMORANDUM OF UNDERSTANDING
TO: Dennis Currier, Chief, North Andover Fire Department
FROM: Louis P. Minicucci, Jr., Executive Director
DATE:. April 22, 1981
SUBJECT: 60 -Unit Elderly Housing - Greene Street & Waverly Road
In accordance with a meeting held on April 21, with Dennis Currier,
Chief, North Andover Fire Department, relative to his concerns
on fire protection for the Greene Street & Waverly Road elderly
project:
Present: Louis P. Minicucci, Jr. Executive Director
North Andover Housing Authority
Patrick Saitta, Vice President
Charles Construction Co. , Inc.
Michael O'Shea, Project Architect
Michael O'Shea Associate /Architects
Dennis Currier, Chief
North Andover Fire Department
It was agreed by all parties concerned, that the following represents the
understanding of said meeting:
1. That a 12 foot wide access way will be provided to allow access
around the entire project.
2. Building Fire Alarm System:
a. The detector locations will be as designated by the building
code.
b. All detectors will be connected to the municipal alarm system.
3. The Housing Authority and the Fire Chief will pursue discussion
with Joseph J. Borgesi, SuDerintentant, Board of Public Works,
about the possibility of locating a fire hydrant on the east side
of Waverly Road.
L.P.M.
NORTH 1
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ZZ
SSACHUSE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 23, 1981
Memorandum to: Police Chief
Fire Chief
Board of Health:
Highway Surveyor
Board of Public Worksl�
Conservation Commission
Planning Board ✓
Building TnspectorO
J
Tree Warden
Board of Selectmen .
The North Andover Housing Authority is proposing a new housing project for
the elderly and handicapped at the corner of Waverly Road and Greene Street
on the former Hayes Farm.
The land at this site is currently zoned Residential, which restricts apartment
complexes.
However, due to a time limit in securing financing from HUD, the Housing Authority
is seeking a Comprehensive Permit from the Board of Appeals under Chapter 774,
which will allow them to by—pass the normal re—zoning procedure.
A copy of the plans for this proposed complex is attached. Please review these
plans and advise us by April 15, 1981, the hearing date, if you have any recommen—
dations which we should consider.
�JA..
Frank Serio, Jr., Chairman
FS/jw
Attachment
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .......... April 24, 1981. .
Petition No..... 8.7.1.81 .._ ..... .
Date of Hearing. Apri1.15, Y. 7981
Petition of ............ NORTH ANDOVER HOUSING AHTHORzT.Y ................ I.................
Premises affected ..... .................. .........
Referring to the above petition for a COFiPR��IJ.SNE
PERMIT PURSUANT TO iiASSACHUSETTS . GE+.IERAL .tAtrdS,..C1L�iPTE ..40$, . SEC.T.IQN . 2.1-4.3 .. .
..........I.........
so as to permit ..THE . ERECTION OF. 60 UNITS. OF .ELDER),YA',ANDICAPPED .HOUSING ...........
After a public hearing given on the above date, the Board of Appeals voted to .... GRANT .. the
i to THE NORTH ANDOVER HOUSING AUTHORITY. ANDXOR .ITS. INVE ...............
for the construction of the above work, based upon the following conditions:
SEE ATTACHED DECISION FOR CONDITIONS.
Signed
Frank .Serio, Jr., Chairman
...........................................
Alfred E. Frizelle, Esq., Vice—Chairman
...........................................
Richard J. Trepanier, Esq., Clerk
.........................................
William J. Sullivan
......................................
Augustine W. Nickerson
..........................
Board of Appeals
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MUWSWS t�
' � TOWN OF NORTH ANDOVER
MASSACHUSETTS
Z
10 bZ ea ZZ BOARD OF APPEALS
April 24, 1981
North Andover Housing Authority
Petition No. 8 — 1.81
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
A public hearing was held by the Board of Appeals on Wednesday evening,
April 15, 1981 at 7:30 p.m. in the Selectmen's Meeting Room, located in
the Town .Office Building, to all parties interested in the appeal of the
North Andover Housing Authority for a Comprehensive Permit pursuant to
Chapter 40B, Section 21-23 of the Massachusetts General Laws, so as to
permit the erection of 60 units of elderly and handicapped housing on a
site of approximately 3.06 acres located on the westerly side of Waverly
Road at the corner of Greene.Street. The following members. -were present
and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice—
Chairman; Richard J. Trepani.er, Esq., Clerk; William J. Sullivan; anti --
Augustine W. Nickerson. Associate Members Walter F. Soule; Maurice S.
Foulds; and Raymond A. Vivenzio, Esq., were also present at the public
hearing.
The hearing was advertised in the North Andover Citizen on March 26 and
April 2, 1981, and all abutters were notified by regular mail.
Mr. Louis P. Minicucci, Executive Director of the North Andover Housing.
Authority, spoke for the Authority. Also present at the hearing were
Housing Authority Members James McCabe and Joseph Morkeski, as well as
the Housing Authority's lawyer, Attorney Donald Smith. Mr. Minicucci's
presentation contained the same information in their letter of application
to the Board, which is on file with the Board of Appeals records and with
the Town Clerk. He also presented a set of sketches of the proposal.
Prior to the public hearing, the Board of Appeals distributed plans of the
proposal and solicited recommendations and comments from the following
departments, officials, and boards: Police Chief, Fire Chief., Board of
North Andover Housing Authority Decision
Petition No. 8 - 181
Page 2
April 24, 1981
Health, Highway Surveyor, Board of Public Works, Conservation Commission,
Planning Board, Building Inspector, Tree Warden, and the Board of Selectmen.
Replies were received from the following: Fire Chief, Board of Public
Works, Planning Board, and the Board of Selectmen, all of which are a
matter of record any may be referred to in the Board of Appeals files.
Also on file with the Board of Appeals records is a letter from Elizabeth
Killen, 270 Greene Street, North Andover, Nass., which states that she is
in favor of the development. No one spoke in favor or opposition at the
public hearing.
Member Frizelle made a motion to continue the public hearing until Wednesday,
April 22, 1981 in order.to give the Board the opportunity to review and evaluate
the material submitted; Mr. Trepanier seconded the motion and the vote was
unanimous to continue the public hearing.
The Board continued the hearing on April 22, 1981 at 7:30 p.m. in the Select-
men's ?Meeting Room. The same five voting members of the Board were present,
as well as Associate 1,1Iembers Maurice S. Foulds and Raymond A. Vivenzio, Esq.
w
Also present were Mr. Minicucci and Mr. Patrick Saitta, Vice President of
Charles Construction Co., Inc. Mr. Minicucci presented to the Board copies
of Memorandums of Understanding which were sent to the Highway Surveyor and
the Fire Chief. Also presented was a letter from the Fire Chief: All corres-
pondence is on file with the -Board of,Appeals records.
Member Frizelle made a motion to grant the Comprehensive Permit subject to the
following conditions; Member Trepanier seconded the motion; and the vote was
unanimous in favor of the motion.
The decision of the Board is as follows:
I. PRELIMINARY STAT -STT
The North Andover Housing Authority, the 'Applicant ",.has submitted to the Board
of Appeals, the "Board",_ an application received by the Board on March 18, 1981
under the provisions of Massachusetts General Laws, Chapter 40B, Sections 20-23,
for a Comprehensive Permit for the construction of sixty (60) dwelling units upon
land now owned by Herbert F. Hayes, located on the Westerly side of Waverly Road
and the Southerly side of Greene Street, consisting of approximately 133,000
square feet.
The applicant, and/or Charles Construction Co., Inc., or their nominee, has
entered into a Purchase and Sale Agreement for the premises. Charles Construction
Co., Inc. is the proposed contractor for the proposed turn key project. The
Board understands that the project will ultimately be under ownership by the
North Andover Housing Authority.
- North Andover Housing Authority Decision
Petition No. 8 — 181
Page 3
April 24, 1981
The dwelling units will be made available only to elderly and handicapped
persons of low and moderate incomes. Construction will be subsidized by
the U.S. Department of Housing and Urban Development.
II. CONSISTENCY WITH LOCAL AND REGIONAL NEED
Pursuant to the provisions of General Laws, Chapter 40B,_Section 20, the
Board must determine whether the application is consistent with the local
and regional need for low and moderate income housing.
The applicant has submitted evidence to the Board which shows that at present
the Town of North Andover presently does not meet the criteria set forth in
Section 20 of General.Laws, Chapter 40B.
The Board, :based upon the evidence' submitted by the applicant,, makes' the
following findings:
A. The number of low and moderate income housing units occupied or available
for occupancy in North Andover is not in excess of ten percent of the total
number of housing units reported in the 1970 decennial census or in the
1980 decennial census. Low and moderate income housing units would have to
exceed 494 of 4943 housing units (1970 census) or 704 of 7040 units (1980
census) before exceeding the maximum -criterion -'of local need.
B. The land area -occupied by low and moderate income housing units in the
Town of North Andover at the present time (prior to this development) does
not comprise one and one—half percent or more of the total land area zoned
for residential, commercial, or industrial use; excluding publicly owned
land.
The total land area zoned for such use in North Andover is 17,043 acres.
Approximately 4,043 acres of land are publicly owned, as defined in Section
20, so that 13,000 acres remain against which the one and one—half percent
standard may be applied. To satisfy this criterion of local need, the land
area occupied by low and moderate income housing units should comprise in
excess of 200 acres. Presently, -low and moderate income housing units in
North Andover occupy some 43.60 acres, leaving about 146.40 acres of land
which might be developed for low and moderate income housing before the
criterion would be exceeded, prior to this development.
C. Approval of this application will not result in the commencement, in any
one calendar year, of construction of low and moderate income housing units
on sites comprising more than three tenths of one percent of land in North
Andover zoned for residential, commercial, or industrial use,, excluding
publicly owned land, or comprising more than ten acres, whichever is greater.
North Andover Housing Authority Decision
Petition No. 8'- 181
Page 4
April 24, 1981
III. DEVIATION FROM NORTH ANDOVER BY-LAWS AND REGULATIONS
The property is located in an R-4 zoning district. The North Andover Zoning
By Law, Section 4.122 does not provide for multi -family dwellings. Pursuant
to the provisions on General Laws, Chapter 40B, the Board grants a deviation
from the R-4 use requirements of the By -Law. Purther, the Board grants the
applicant permission to deviate from the dimensional requirements of an R-4
district and any other district as set forth in Section 7 or Table 2 of the
Zoning By -Law and also from the provisions of Section 8 of the Zoning By -Law
applicable to off-street parking requirements subject to the condition that
the proposed construction be in conformance with the plans attached to the
application, dated March 18, 1981,.as amended, which are attached hereto and
made a part hereof. -The Board reserves the power to authorize further deviations
from any North Andover By -Law or regulation if it deems such deviations. to
be consistent with the purpose of the application.
The Board finds that the deviation from the North Andover By -Laws and regu-
lations is necessary in light of the fact that the property is located in an
R-4 district and the requirement to change said zoning district and to seek
and purchase similar property in a zoning' district where such a use is allowed
would be inconsistent with the local and regional need for subsidized housing
for the elderly and handicapped persons of low and moderate incomes and would
tend to make the proposed construction uneconomical.
IV. MISCELLANEOUS -PROVISIONS
- Drainage Plans - the applicant will submit for review by the Board definitive
Plans specifying adequate drainage for the site, said plans to include: that the
bituminous paved parking area, other than the 12' wide access way, would have
an underground drainage system, constructed in accordance with standard North
Andover -Highway Standards; that the existing open ended drainage line entering
the project site from Waverly Road be piped into the above mentioned drainage
system; and, all drainage shall be.tied into the 30" storm drain on Greene Street.
- The applicant will amend the plan submitted with the 1.1arch 18, 1981 applica-
tion to provide a 12' wide access way to allow access around the entire project.
The plan amendment is to be approved by the Board.
- The applicant will construct -or has constructed a 12' wide access way to
allow access around the entire project.
- The applicant will submit a final set of working plans prior to-commencment
of construction.
- The applicant shall use the sewer piping required by the North Andover Board
of Public Works.
- The applicant shall construct said project in accordance with all applicable
North Andover Housing Authority Decision
Petition No. 8 — 181
Page 5
April 24, 1981
State and North Andover Rules and Regulations, unless otherwise specified
herein or unless otherwise provided by this Board.
Very truly yours,
BOARD OF APPEALS
Frank Serio, Jr., Chairman
AEF/jw
(Plan to Follow
P/a-tJtil yV^-� (J"
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APPLICATION
COMPREHENSIVE PERMIT.
GREENE STREET
L
TO
NORTH ANDOVER ZONING BOARD
Frank Serio, Chairman
Submitted by:
NORTH ANDOVER HOUSING AUTHORITY
Joseph J. Morkeski, Chairman
Developer/Contractor: Charles Construction Co., Inc.
Charles T. Matses, President
Patrick Siatta, Vice President
Prepared by: Louis P. Minicucci, Jr.
Executive Director
North Andover Housing Authority
Review by: Donald F. Smith, Esq.
Legal Counsel
North Andover Housing Authority
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1
SITE EOCATIO
HOUSING FOR THE ELDERLY 8 HANDICAPPED
TURNKEY PROJECT NO.. 11)7_002L, #+ gRTH ANDOVER, WA $S.
NORTH ANDOVER HOUSING AUTHORITY
16 FOUNTAIN DRIVE P. O. BOX 373
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. 682-3932
February 11, 1980
Zoning Board of Appeals
Town of North Andover
120 Main Street
North Andover, M.A. 01845
Gentlemen:
The North Andover Housing Authority, a body corporate and
politic, is organized and exists under the laws of, the
Commonwealth of Massachusetts, G.L. Chapter 121B.
North Andover Housing Authority does hereby apply, under
-the provisions of General Laws.Chapter 40B, Sections 20--
23, for a Comprehensive Permit for the construction of
sixty (60) dwelling units, upon land now owned of record
by Herbert F. Hayes, located on the westerly side of Waverly
Road and the southerly side of Greene Street.
Said land, with buildings thereon, consists of approximately
133,000 square feet, being located at 310 Greene Street, North
Andover, and is described in a deed dated August 10, 1978,
recorded with Essex North District Deeds, Book 13471 Page 454•
A more complete description is attached hereto, marked "A", and
made a part hereof.
The applicant North Andover Housing Authority and Charles
Construction Co., Inc., have entered into a Purchase and Sale
Agreement with Herbert F. Hayes for the purchase of the afore-
mentioned premises, a copy of which Agreement is attached here-
to, marked "B", and made a part hereof. Charles Construction
Co., Inc., will construct the aforesaid dwelling units upon the
said premises and, upon completion of such construction, will
convey the completed units and the premises to the North
Andover Housing Authority.
All sixty (60) of the proposed dwelling units to be constructed
will be made available to elderly and handicapped persons of low
and moderate incomes, and construction will be subsidized by the
United States Department of Housing and Urban Development (HUD).
Application was made to HUD (see letter dated May 22, 1980, a
copy of which is attached marked "C") and in accordance with
a cooperation agreement executed between the North Andover
Housing Authority and the Town of North Andover, copy of which
is attached and marked "D".
REQUESTED DEVIATIONS FROM LOCAL CODES
The property which is the subject of this application is located
in an R-4 Zoning District. Pursuant to Chapter 40A of the General
Laws, the Authority accordingly requests the following:
1. Permission to deviate from dimensional requirements of an
R-4 District, and from such other provisions of the North
Andover Zoning By -Law, including, but not limited to those
set forth in Table 2 of the By -Law, which are inconsistent
with the instant proposal.
,2. Permission to deviate from focal rules, requirements, and/or
regulations of the Town of North Andover or' any department or
board thereof, which are, or may be construed to be inconsist-
ent with the housing as proposed in this application, and an
exemption therefrom is requested since.imposition-of such
requirements would be inconsistent with the regional and local
need for subsidized housing for elderly and handicapped per-
sons of low and moderate incomes, and would tend to make the
proposed construcion uneconomical.
CONSISTENCY WITH LOCAL AND REGIONAL NEED
Applicant believes that the requirements and regulations from which
exemption is sought are not consistent with the local and regional
need for low and moderate income housing.
North Andover is currently below the maxima set forth in Section 20
of Chapter 40B of the General Laws for, specifically:
1. The number of low and moderate income housing units occupied or
available for occupancy in North Andover is not in excess of ten
percent of the total number of housing units reported in the
1970 decennial census or in the 1980 decennial census. Low and
moderate income housing units would have to exceed 494 of 4943
housing units (1970 census) or 704 of 7040 units (1980 census)
before exceeding the maximum criterion of local need. `
2. The land area occupied by low and moderate income housing
units in the Town of North Andover does not comprise one
and one-half percent or more of the total=and area zoned
for residential., commercial, or industrial use, excluding,
publicly owned land.
The total land area zoned for such use in North Andover is
17,043 acres. Approximately 4,043 acres of land are publi-
cly owned, as defined in Section 20, so that 13,000 acres
remain against which the one and one --half percent standard
may be applied. To satisfy this criterion of local need,
the land area occupied by low and moderate income housing
units should comprise in excess of 200 acres. Presently,
low and moderate income housing units in North Andover
occupy some 43.60 acres, leaving about 146.40 acres of
land which might be developed for low and moderate income
housing before the criterion would be exceeded.
3. .Approval of this application would not result in the commence-
ment, in any one calendar year, of construction of low and
moderate income housing units on sites comprising more than
three tenths of one percent of land in North Andover zoned for
residential, commercial, or industrial use, excluding publicly
owned land, or comprising more than ten acres, whichever is
greater. As set forth in paragraph 2 above, there are 13,000
acres of land in North Andover against which the three tenths
of one percent standard may be applied. Accordingly, approval
of this application would have to result in the commencement
of construction in one calendar year of low or moderate income
housing on more than 40 acres of land before this criterion of
local need would be met. Since this application will result
in the development of only 3.06 acres, and since no other low
or moderate income housing units are proposed for construction
in North Andover in the same calendar year, approximately
37 acres would still be available for development of such
housing before this annual statutory maximum would be met.
Continuing increases in rents, construction costs, and utilities
are serving to retard the opportunity for out Town's elderly and
handicapped to find decent, safe and affordable housing within
the private housing sector. And whereas, the Town of North Andover,
through the Board of Selectmen, has determined that the Town has
a shortage of units of safe, sanitary dwellings available for
elderly and handicapped persons of low incomes, at rentals which
they can afford,
Therefore, in accordance with the Town's lates HAP Plan, the North
Andover Housing Authority has caused this application to be sub-
mitted in the best interest of the Town.
The record of the Housing Authority to date has been substantial
in terms of the quality of their various developments. Since
the Authority was established in 1948, it has been widely sup-
ported by all Town agencies and departments, as well as by the
citizens of the community. The successful history of the
Authority has been greatly dependent upon, this support from the
community as a whole, and it is certainly a credit to every
resident of the Town.
Respectfully submitted,
NORTH ANDOVER HOUSAND AUTHORITY
Louis P. Minicucci, Jr.,
Executive Director
Enclosures: Six (6) copies of a set of following plans:
1. Site Plan
2. Typical Dwelling Unit Plans
3. Typical Building Plans
4. Typical Building Elevations
l
DI -I'S t,I l'TION OF THE PROPOSED DFVELOPMI N't'
The proposed d,.jelopment consists of 60 dwelling units
of: low and modorate income housing, to be constructed
on a site of 3,06 acres.
Project and physical description as follows:
SUMMARY OF PERTINENT OA'lA
Location
Owner
Gross Site Area
Net Site Area
Population Density
Current Use of Site
Topography
E
Known Subsurface Conditions
Location, Capacity and Distance to:
Sewer: Loc.
Capacity
Dist. to
Loc .
Capacity
Dist. to
Water: Loc.
Capacity
Dist. to
Loc.
Capacity
Dist. to
Gas: Loc.
Capacity
Distance to
A
Corner of Waverly Road
and Green Street
Herbert Hayes
3.06 Acres
122,000 square feet
20 DU's/Acre
Single Family Residence
with garage
Generally flat in the arca of
existing buildings, ttie:ni.e sloping
down toward rear of sit.
No negative conditions known
Green Street
18"
15 feet
Waverly Road
21"
25 feet
Green Street
6" iron
25 feet
Waverly Road
12" iron
40 feet
Waverly Road
8" & 6" high & ]ow 1)1--istlre
30 and 40 feet
Distance to
Electrical: Loc.
Capacity
Dist. to
ti i t. t •.
>t rruti�irtl
o
At: site
Standard
0'
Extensions to utility lines: Where necessary by builder
under his contract.
Location and composition of access streets and boundary roads -
Waverly Road East of Site
Bitiminous Concrete
Green Street North of Site
Bitiminous Concrete
a
•0
r�
;(at isl i( ,,I wu,�rr
I)wI� l ] 1111; iitai.t 1')'1)cs
Contniunity Facilities
Management Facilities
Maintenance Building
1'141111 CT M11,VIt)ld
46 - 1 hl; - 481 1,1 .1 .
8 - 1. llit expitnt.lod - 513 tact S.F.
3 - 1 lilt handic•nllpttd - 'jl3 net S.F.
3 - 1 BR Mod. h aridicapped -.'al3 Neu .1..
Meeting Balls
Kitchen
Laundry
Mail Boom
Entrance Lounge
Men
Women
Total Net Area_ 1,450 S.F.
Office/conference
Dual Office
Secretarial. Office
Storage Rooms (2)
Men
Women
Total Net Area - 900 S.F.
(First Floor)
480 gross SJ
Parking 27 Spaces
M
jk�c' 1i,,:, inn_ h'<<<nf iiVc
I1�ne 11 ing [it iIdi4nP
All ipairtme nt:-s and the Connuunity factl [.t:Lis are iiO.o a
sint;It! i,oilding. Access to iae.i!?hbors :and the community faa4iiitle.3 Is
t hercfore eased during inclement weather
The., dwk.11i.ng building is partial-ly three st.orius higi-k and piartially
two stories to take advantage of the sloping site.
- Entrance to the building and all couuuunity facilities are at the mid level
thus allowing all apartments to be within one floor oL same.
All, six handicap apartments are located on the entrance/community level.
The building is arranged to 'hide' the roof mounted solar collectors
(provided under the energy alternate) from the entrance area.
A substancial setback from Waverly Road Is ma stained to minimile auto-
mobile traf>Fice aoitaet in spartmen a, a4d to maintain much of the present
open feeling of the site.
The entrance area includes a smell lounge with a view of the vehicular
entrance to facilitate waiting for—guests, bus, taxi, etc.
• P
Dwelling Units
- All apartments are oriented to receive natural sunlight through the
windows and to provide pleasant views of :the surrounding enviroinuent:.
- Apartments are organized for efficient space utilization to insure
the maximum suable area and furnishibility.
- Bedrooms are sized to accomodate two beds as required by the progrum.
- Storage closets are walk-in type for flexibility of use. Each px:ovd(:f;
hanging space, shelving, and bulk storage area. (The electric panel is
located here, thus out of sight while being accessible).
- Each apartment is equipped with an emergency call system. gall stat. futis
are located in the bathroom and bedroom.
- Handicapped units are equipped with special bathrooms, ki.t:chens, ad ju:.e :0) t .
closet shelving and a 'built-in' 'fold'down' ironing board to ease this
chore for the chair bound. Storage closets in these apartments have tswi Ili, 1111'.
doors to eiimiiiate the floor track necessary with bi-fol.d doors, t:htas
easing wheelchair access.
Site Improvements
- Existing mature trees and stand walls are retained and incorporated into
the design scheme,
- Further landscaping in the form of trees and shrubs common to New 1?iil;land
are provided at all lawn areas.
I ist fc;ii 1;tmliu:it Y
Connunity Facilities
Management Facilities
a
Maintenance Building
Parking
146 - I tilt - Coil n t, t 'S.F.
8 - l BR exprtnd--d - 513 net S.V.
3 - 1 BR hzind k iippe+l - :13 nut S . t
3 - l IIR Mod. handicapped -513 NuL S.F.
Meeting Halls
Kitchen
Laundry
Mail Room
Entrance Lounge
Men
Women
Totol Net. Area -.1,450 S.F.
Office/conference
Dual Office
Secretarial Office
Storage .Rooms (2)
Men
Women
Total Net Area x 900 S.F.
(First Floor)
480 gross S.F.
27 Spaces
"A"
DESCRIPTION
A certain tract of land, with the buildings thereon, sit-
uated in North Andover, Essex County, 14assachusetts, bounded
and described as follows:
Beginning at the southwest corner of Railroad Avenue (Waverly
Road) and Greene Street, thence running southerly along said
Railroad Avenue (Waverly Road) 315 feet; thence running westerly
at right angles to said Railroad Avenue (Waverly Road) about 400
feet to a point in the easterly line of a proposed street; thence
in a northerly direction by said easterly line of said proposed
street about 400 feet to the south line of Greene Street; thence
easterly along said south line of Greene Street to the point of
beginning. Containing about 1331000 square feet, more or less.
(Currently numbered 310 Greene Street, North Andover, Massachusetts).
s
APPENDIX I
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BOSTON AREA OFFICE
SULF INCH BUILDING, 15 NEW CHARDON STREET
BOSTON, MASSACHUSETTS 02114
2 2 MAY 1980
N�An�
Program Reservation
IN REPLY REFER TOf
No.
-The Department of Housing and Urban Development (HUD? hereby makes the
following Program Reservation, or change therein, for lcw�-income'dwelling
units to be provided pursuant to the U. S. Housing Act. of 1937, This 1s
not a legal obligation but a staterent of determination
.by HUD, subject
to fulfillment of all legal and adrinistrative requiree7ents, to enter into
a new or amended Preliminary Loan Contract or Annual Contributions Contract
covering the number of units reserved, or such lesser number as may be
.consistent with the amount of contract and budget authority reserved by HUD
with respect to the Program Reservation. A Development Program which is
approvable by HUD must be submitted by
If this tine limit is exceeded, the Program Reserva:ion will be canceitec
unless HUD determnines, for good cause, to extend the time limit.
Location:
ousing Type ana Proeuction
MIANYIEry CONVENTIONAL FORCE ACCOU;;T
New ConStrJction XXXXXXxxxx xx ;
Acquisition w/suostan4ial j
rehabilitation I
Acquisiticn we/suos ant al
rehabilitaticn
PROGRAM RESERVA. i0;1 AND PREVIOUS INCREASE CURRE.'4T
PRfLI.'1.'I�.Rv 6A., . S::'.A-.IARY
TOTAL FAMILY U.1 TTS ....--
TOTAL ELDERLY UNITS
GRAND TOTAL Or
u1vt1J....... ..
a
SOURCE YEAR..
CONTRACT AUTHORITY........ .-
0g Q8'�
TERM YEARS
BUDGET AUTHORITX........... ?4Q b ", /3 Z40
LOAN AUTHORITY........... Z3 7•ID Z 3&30 740
FMIDS RESERVED:
Director, Regional Accounting Division
Date
,well+n Wit Characteristics: �
NUMBER r D.U. _
FAMILY AjD LAR,,E FK,:i1LYY
UILOING OF LOtl?1.11 lie+ Cr.r,--��
TYPE iSLOGS. =E.R.: 2.5P.� 3-cR.OR DISABLED TOTAL
4 -BR. .0
Q 5-3R. 5 -?i, D U.
-
so
� 1
R I
i
AE IbO 1,60
j
OT LS
�a D
D-Datach�d Si�ole FamiIv•
E-
E evz-or
APPROVED:
OT ero,ra7.
e
5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the
deed in form adequate for recording or registration.
6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to
TITLE entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said dead
all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title.
PURCHASE PRICE
(fill in); space is
N/owed to write
Out the amounts
if desired
(provide for pay-
ment by certified
or Bank's Chock
acceptable to tfre
SELLER, -if .
required)
The agreed purchase price for said premises is One Hundred Fifty Thousand & 00/100
($150,000.00) -----------------------------------------------
dollars, of which
S 100.00 have been paid as a deposit this day and
$ 149' 900, 00 are to be paid at the time of delivery of the deed in cash, or by certified,
cashier's, treasurer's or bank check.
S
$ 150, 000.00
COPYRIGHT ® 1978
GREATER BOSTON REAL ESTATE BOARD
TOTAL** See Paragraph 35
All rights re"rved. This form may not be copled or reproduced In
whole or In part In any manner whatsoever without the prior In
ores$ written Consent of the Greater Boston Real Estate Board.
'ittt office of:
STANDARD FORM
PURCHASE AND SALE AGREEMENT Sweeney & Sargent
316 Essex Street
Lawrence, MA 01840
This �O
_—_ day of -_-- _.1 ebruary" - - — 19 81_
1. PARTIES
(fillip)
HERBERT F. HAYES, of 169 Chestnut Street, North Andover, MA,
hereinafter called the SELLER, agrees to SELL and
CHARLES CONSTRUCTION CO., INC, and/or NORTH ANDOVER HOUSING AUTHORITY,
or their
nominee,
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the
following described premises:
2.. DESCRIPTION
The land consisting of approximately 133,000 square feet, with all the
buildings thereon, located
(fill in and include
tide nhnnce)
at 310 Greene Street, North Andover, MA, and
further described in a deed dated August 10, 1978,
and recorded in Essex
North District Registry of Deeds at Book 1347, Page 454.
3. BUILDINGS,
STRUCTURES,
Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon,
and the fixtures belonging to the SELLER and 'in
IMPROVEMENTS,
FIXTURES
used connection therewith including, if any, all venetian
blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces,
heaters, heating equipment,
(fill in
stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water
heaters, plumbing and bathroom fixtures, electric and other lighting fixtures,
or delete)
mantels, outside television
antennas, fences, gates, trees, shrubs, plants, and, if built in, air conditioning equipment, vent' ators.
disposers,
garbage
dishwashers, washing machines a�lt)Oi4itt0i; and �
but
excluding H H
��
4. TITLE DEED
(fill in)
'Include
Said premises are to be conveyed by a good and sufficient quitclaim running to
the BUYER, or to the nominee designated by the BUYER written
here by specific
by notice to the SELLER least seven
days before the deed is to be delivered
reference any nstric-
tions, easements, raphes
as herein provided, and said deed shall
convey a good and clear record and marketable title thereto, free from encumbrances, except
Provisions
(a) of existing building and zoning laws;
and Obligations in party
(b) Existingrights and obligations in art walls
g � party
t+a//s not included in (b),
loam, municipal and
which are not the subject of written
1 agreement;
(c! Such taxes for the then current year as are not due and payable on the date of the delivery
other liens, other oncum-
brtnces, and make o-
deed; of such
(d) Any liens for municipal betterments assessed after the date of this
"(e) agreement;
pr
vision to pro toct
SELLER gWinst
BUYER'S breach of
SELLER'S covenants
in leases, hien
ne+cstsery.
5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the
deed in form adequate for recording or registration.
6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to
TITLE entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said dead
all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title.
PURCHASE PRICE
(fill in); space is
N/owed to write
Out the amounts
if desired
(provide for pay-
ment by certified
or Bank's Chock
acceptable to tfre
SELLER, -if .
required)
The agreed purchase price for said premises is One Hundred Fifty Thousand & 00/100
($150,000.00) -----------------------------------------------
dollars, of which
S 100.00 have been paid as a deposit this day and
$ 149' 900, 00 are to be paid at the time of delivery of the deed in cash, or by certified,
cashier's, treasurer's or bank check.
S
$ 150, 000.00
COPYRIGHT ® 1978
GREATER BOSTON REAL ESTATE BOARD
TOTAL** See Paragraph 35
All rights re"rved. This form may not be copled or reproduced In
whole or In part In any manner whatsoever without the prior In
ores$ written Consent of the Greater Boston Real Estate Board.
on or before w
AE FOR Such deed is to be delivered/At 12:00 o'clock Noon ?Alt. on the 1St day of
.RFORMANCE; October, 19 gl , at theof.fice of Sweeney f, Sargent
ELIVERY OF
JEEP (fill in) flegist V)of)&4e* unless otherwise agreed upon in writing. It is agreed that time is ofEqio.-
of this
agreement. (see Paragraph 34)j
POSSESSION and. Full possession of said premises free of all tenants and occupants, except as herein
CONDITION of delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they
PREMISES, now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning
(attach a list of laws, and (c) in compliance with the provisions of any .instrument referred to in clause 4 hereof. The
exceptions, if any) BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to
determine whether the condition thereof complies with the terms of this clause.
10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises,
PERFECT TITLE all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the
OR MAKE provisions hereof, tR1RRNaCq�irlPffRrx►tylIsrNwiitXNu/I�I1MxfllNf�t101f�tltf
PREMISES t> *WM5*"WW Mod)" rnwr„Mx?eltafKMactinit>Mltwigwsaocwtaftwawt clwloeMltltNttitK
CONFORM then artless the SELLER tse reasonable efforts to remove any defects in title, or to deliver possgssion as
(Change period of provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in
time if desired). which event the SELLER shall give written notice thereof to the BUYER at or before the time for
performance hereunder, and thereupon the time for performance hereof shall be extended for a period at
thirty days.
11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove an defects iff-111 e
PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time
OR MAKE during the period of this agreement or any extension thereof, the holder of a mortgage on said premises
PREMISES shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, at the BUYER'S
CONFORM, etc. option, any payments made under this agreement shall be forthwith refunded and all other obligations of
all partie hereto shall cease and this agreement shall be void without recourse to the parties hereto, excgpt
el
h�ejjegnahj4lber� i.n $400 from each $1,000 payment referred to sn
12. BUYER'S he BR shall have the election, at either the original or any extended time for performance, to accept
ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the
ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the
event of such conveyance in accord with the provisions of this clause, if the said premises shall have been
damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously
restored the premises to their former condition, either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on
account of such insurance, less any amounts reasonably expended by the SELLER for any partial
restoration, or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof
to be used to restore the said premises to their former condition or to be so paid over or assigned,
give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said.
amounts so recovered or recoverable and retained by the holder of the said mortgage less any
amounts reasonably expended by the SELLER for any partial restoration.
13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full
OF DEED performance and discharge of every agreement and obligation herein contained or expressed, except such as
are, by the terms hereof, to be performed after the delivery of said deed.
14. USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery
PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or
MONEY TO interests, provided that all instruments so procured are recorded simultaneously with the delivery of said
CLEAR TITLE deed.
15. INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows:
'Insert amount Type of Insurance Amount of Coverage
(list additional '
types of insurance (a) Fire $ As presently insured
and amounts as (b) Extended coverage
agreed) (c)
16. ASSIGNMENT OF Unless otherwise notified in writing by the BUYER at least seven days before the
INSURANCE time for a 'v he-s!e d le pm fr i o by the refusal of the insurance com
(delete entire clause pany(s) i ue ih r�La u surance and deliver binders therefor in
it insurance is not proper f e OYER t , rde i reement. In the event of refusal by the
to be assigned) insuran to is$ ti» same, ire SIrLLER sl�if ve lice thereof to the BUYER at least two
est da rete lrmJ fpr Peford! o his agreement.
ADJUSTMENTSxC
�44i01t>xr; ffq�iKft1�M1�QNt�so0K�4H
i/rsl operating eX- ltara[Kx pf'+mM#I�A4XtI0cftftliMll�Kf#t1pf�Otlf�tlrili
/Jenaat, if any, orxxlrllRifkXrt[(jqp�CJYQGpp�jp{p�1eAiN�E?C1A�iili�lt�
attach schedule) �kOcrieA,av�neRkxacx�helle�,N�cc,�pat+t6a�tIhNi�j �'o�t�wt�i�othrr
y>ecfocnaateaoeatorbcahixa��,� nttalc»tt[�k>k�xMxaosE
x�ad. 1lxerot ,KlticjtWrifl�ttoc x�s����R'�9�tlfHi.
M�XXlff3cf#pKXA4tilNKldp�l�pgstXktifQtlNcxisl�J:NafItMCpsjt;�ltflltx �'o tleiilaftxx��b@
lots 1w Parties will apportion real. estate taxes at time of ekes !' VcNMxsx
18. ADJUSTMENT If the amount of said taxes is not known at the time of the deliver of th
OF UNASSESSED on the basis of the taxes assessed for the precedingy e deed, they shat appor io e
AND and valuation can be ascertained; and, if the taxesvwhich with
be apportioned shall
ABATED TAXES b reaPPortionment as soon as the new tax rate
y abatement, the amount rt such abatement, less the reasonable cost of obtaining the samthereafter e, shall be
apportioned between the parties, provided that neither party shall be obligated to in
Proceedings for an abatement unless herein otherwise agreed, stitute or prosecute
19. BROKER'S FEE �AtMtoar�otsciea
(fill in fee with >��f�ia�alcaetroa
dollar&mountor xxdne rtrxxibNtgf�icrealk*Rxox The Buu e ��rr�rn�s hat it w not intro aced to t
ge e% t1�ePpropertya realtor nor r11 con etc any reair�or at an
Percentage, }},,
name of Broker(s)) y VlMe regard nq
*kRyakillakkkamickAMArite *kkkFtRvwxmxxaxbterf4c x#x ac
flr!lIIIR���R� lt�Sc�lC 3 � 014
x�t�eetx�txtent�bE�Mht�uotec�c,��c�tmclAmrnao�nt ��'"��"+»c�R�,�kR�t�,E��,�t
..� '!`1►."� f:�ti��ftnclwt�arRo�titytotxacws
20. BROKER(S) The ( ed he4i fi '
WARRANTY warn t (the is ;� �,
(fill m name) Y (�je)july rc any a ommonwealth of Massachusetts.
21. DEP ■7 ■ � �
OSIT All deposits made hereunder shall be held b the
(fill in, av delete y fllitdk�H3ix Seller
relarence to Vili"Iot "31likkRR, subject to the terms of this agreement and shall be duly accounted for at the time
brokers) if for performance of this agreement.
(�Sj�E��,�L�.fR holds - � - -�j
�� �t
22. BUYER'S '
JL
DEFAULT;
If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the DAMAGES BUYER shall be retained by the SELLER as liquidated dam
peNaKxat Rtv�t "as �t9laRsk�k9ji t9 3f}j5f1f> yts,
wtidtptt and subject to othxerEltlO�xl�i4E�iK�stSEtkkFR�aodN
Seder's sole remedy at law and equity. i�xbescSid xtc
rd equips of this iAgreernent, this be the
23. SALE OF The 1
PERSONAL list f to b frW," L
!hfi�r f onal property
PROPERTY ' `; .,j `r P Party enumerated on the
of s �, , i , r• ,.: C.
deiive Wf
h d her .t' ER agrees to deliver to the BUYER upon
/fi/l in and attach this c, a'�'� n�1 bial I
ll of arlp ti f n P
list or delete I onstit sky n agreement ar Payment of said price. The provisions o#.
res �' S �W. atfdJ r from the provisions he contained with
entint c/suss) the pr ssag a tt1 nYCrt c itions of this clause shall hate no effect on
w r t e s
24. RELEASE BY The SELLER'S s ,
HUSBAND OR pons hereby agrees to join in said deed and to release and convey all statutory and other
WIFE rights and interests in said premises.
25. BROKER AS The b �)Wnlo► n ar"1 r
PARTY 1 a ed her I r ointsj liii this, age m t.
provisi is greem comes) a party hereto, in so for as any
such pr o hick eitty''ryPl: o re to any amendments or modifications of
26. LIABILITY OF If the r.
TRUSTEE, ° Y R; •x�cutes aYeirepE,itii�
principal t.. he sit a representKl shall be bound, attd tte rr a SELLER or BUYER stative or fiduciary capacity, only the
SHAREHOLDER, any shar d or benefici
BENEFICIARY, etc. hereunad ry of any trust
shall be, executing, nor
ri h r l H for any obligation, express or implied,
27. WARRANTIES � I� tSdf�
AND REPRE- The BU R ac no t he
Li
R has not he relied upon any warranties or representations not tset forth oren ein incorporad to enter ted n this t agreement poor has
SENTATIONS viously made in writing, except for the following additional warranties and representations if
(fill in); if none, either the SELLER or the Broker(s): P
state "none ",-if
any, made by
eery listed, indicate
by whom each war
ran ty orrgvresen- .
tation was made
J -
CONSTRUCTION This instrument, executed in triplicate "�is to be construed as a Massachusetts contract, is
OF AGREEMENT to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and
'delete 'triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,
And substitute successors and assigns, and may be cancelled, modified or amended only by a written instrument executed
"quadruplicate" by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obliga-
ifrequired. tions hereunder shall be joint and several. The captions and marginal notes are used only as a matter of
convenience and are not to be considered a part of this agreement or to be used in determining the intent of
the parties to it.
29. ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by reference.
PROVISIONS
See Schedule A attached to this agreement and initialed by the
parties. Said Schedule A is hereby incorporated by reference into
this Agreement.
m
SELLS �- -
�a es Cpnsttio CA
.F , by
BUYER its President
Broker(s) — +
EXTENSION
The time for the performance of the foregoing agreement is extended until__ ____ Date—
the
o'clock_ _ M, on
day of 19— time still being of the essence of this agreement as extended. In
all other respects, this agreement is hereby ratified and confirmed.
This extension, executed in triplicate, is intended to take effect as a sealed instrument.
SELLER (or spouse) SELLER
BUYER BUYER
Broker(s)
,I M fir''
r APPENDIX I�+
/ .�
•`�� . Form HUD -52461. This form has been prepared by the Deplo-Uwnt of Housing
and Orban Development for use by a Local Authority as a guide in drafting
agreements providing for local cooperation, as required by the Housing Act
of 1937 and by regulations of the Department
Page 1
December 1969
COOPERATION AGRELI*NT
pp This Agreement entered into this Aay ofUJ
19 Q„f�, by and between n over Housin Authorit
(herein called the "Local Authority") and Town of North Andover
(herein called the "Municipality,% witnesseth..
In consideration of the mutual covenants hereinafter set forth, the
parties hereto do agree as follows..
1. Whenever used in this Agreement..
(a) The terse "Project" shall mean any low -rent housing hereafter
developed or acquired by the.bocal Authority with financial
assistance of the United States of America acting through the
Secretary of Housing and Urban Development (herein called the
"Government"); excluding,.however, any low -rent housing project
covered by any contract for loans and annual contributions entered
into between the Local Authority and the Government, or its pre-
decessor agencies, prior to the date of this Agreement.
(b) The term "Taxing Body" shall mean the State or any political
subdivision or taxing unit thereof in which a Project is situated
and which would have authority to assess or levy real,or personal
property taxes or to certify such taxes to a taxing body or public
officer to be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all charges
to all tenants of a Project for dwelling rents and nondwelling
rents (excluding all other income of.such Project), less the cost
to the Local Authority of all dwelling and nondwelling utilities.
(d) The teen +,Slum,, shall mean any area where dwellings predominate
Which, by reason of dilapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitation facilities, or
ary►. combination of these factors, am detrimental to safety, health,
or morals.
2. The Local Authority shall endeavor (a) to secure a contract or con-
tracts with the Government for loans and annual contributions covering one or
more Projects
comprising approximately 6 0 2/ units of lar -rent housing and (b) to develop
or acquire and administer such Project or Projects, each of which shall be
located within the corporate limits of the Municipality. The obligations of
the parties hereto shall apply to each such Project.
3. (a) Under the constitution and statutes of the Commonwealth
Of- , 3/ all Projects are exempt from all real and personal
property taxes spec al assessments] 4/ levied or imposed by any Taxing Body.
With respect to any Project, so long as either (i) such Project is owned by a
public body or governmental agency and is used for low -rent housing purposes,
or (ii) aQy contract between the Local Authority and the 0overnment for loans
or annual contributions, or both, in connection with such Project remains in
force and effect, or (iii) any bands issued in connection with such Project
or. any Monies due to the Qarverament in connection with such Project remain
.unpaid,,*ichsver period is the longest, the Municipality agrees that it will
not levy.or impose any real or personal property taxes or special assessments%
!../ upon such Project or upon the Local'Authority with respect thereto. During
such period, the Local Authority shall make annual payments (herein called
• 11(11!, 52�i
�y 1'ziqu. 2
' December 1969
"Payments in Lieu of Taxes" in
assessmentss7 4/ and in pavment
f acil i.ti.es furnished from time
c:hai <:1e for oi- with respect to
lieu of such taxes/anal special
for the Public services and
to time without other cost or
such l'ro ject.
/(b) Each such annual Payment in Lieu of Taxes shall
be made
/at the time when real property taxes on such Project would be
paid if it were subject to taxation, and shall be in an amount
equal to either (i) ten percent (10%) of the Shelter Rent /actually
collected but in no event to exceed ten percent (10`x) of the
Shelter Ren_% 8/ charged by the Local Authority in respect to
such Project during the 12 months' period ending September 30
before such payment is made?
or (ii) the amount permitted to be paid by applicable State law
in effect on the date such payment is made, whichever amount is
the lower.%
/Zc) The Municipality shall distribute the Payments in
Lieu of Taxes among the Taxinq Bodies in the proportion which the
real property taxes which would Have been paid to each Taxing Body
for such year if the Project were not exempt from taxation bears
to the total real property taxes which would have been paid to all
of the Taxing Bodies for such year if the Project were.not exempt
from taxation; Provided, however, That no payment for any year
shall be made to any Taxing Body in excess of.the amount of the real
property taxes which would have been paid to such Taxin Body for
such year if the Project were not exempt from taxation./
9l
Upon failure of the Local Authority to make any
Payment in Lieu of Taxes, no lien against any Project or assets
of the Local Authority shall attach, nor shall any interest or
penalties accrue or attach on account thereof.
4. The Municipality agrees that, subsequent to the date of.
initiation (as defined in the United States [lousing .pct of 1937)
of each Project and within five years after the completion thereof,
or such further period as may be approved by the Government /and in
addition to the number of unsafe or insanitary dwelling units which
the Municipalitv is obligated to eliminate as a part of the low -
rent housing project(s) heretofore undertaken by the Local Authority
and identified as:
5. During the period commencing with the date of the acquisition
of any part of the site or sites of any Project and continuing so long
as either (i) such Project is owned by a public body or governmental
agency and is used for low -rent housing purposes, or (ii) any contract
between the Local Authority and the Government for loans or annual
contributions, or both, in connection with such Project remains in
force and effect, or (iii) any bonds issued in connection with such
Project or any monies due to the.Government in connection with such
Project remain unpaid, whichever period is the longest, the Municipal-
ity without cost or charge to the Local Authoritv or the tenants of
such Project (other than the Payments in Lieu of Taxes) shall:
Jf � t
f y1
HUD -52h81
Page 3
December 1969
(a) Furnish or cause to be furnished to the Local Authority
and the tenants of such Project public services and facilities
of the same character and to the same extent an are furnished
from time to time without cost or charge to other dwellings
and inhabitants in the Municipality;
(b) Vacate such streets, roads, and alleys within the area
of such Project as may be necessary in the development thereof,
and convey without charge to the Local Authority such interest
as the Municipality may'have in such vacated areas; and, in so
far as it is lawfully able to do no without cost or expense to
the Local Authority or -to the Municipality, cause to be removed
from such vacated areas, in so far as it may be necessary, all
public or private utility lines and equipment;
(c} In so far as the Municipality may lawfully do so, (i)
grant such deviations from the building code of the Municipal-
ity as are reasonable and necessary to promote economy and
efficiency in the development and administration of such
Project, and'at the same time.safeguard health and safety,
and ( ii) make such changes in any zoning of the . site and
surrounding territory of such Project as are reasonable and
necessary for the development and protection of such Project
and the surrounding territoxT; T.
(d) Accept grants of easements necessary for the development
of such Project; and
(e) Cooperate'xith the Local Authority by such other lawful
action or ways as the Municipality and the Local Authority
may find necessary in connection with the development and
administration of such Project.
6. In respect to any Project the Municipality further agrees that
within a reasonable time after roosipt of a written request therefor from
the Local Authority:
* (a) It will accept the dedication of all interior streets,
.roads, alleys, and adjacent sidewalks within the area of
such Project, together with all stormand sanitary sewer
mains in such dedicated areas, after the Local Authority,
at • its own expense, has coma;ileted the grading, improven►ent,
paving, and installation thereof in'accordance with
specifications acceptable to the Municipality;
(b) It will accept necessar,� dedications of lana: for, and
will grade, improv;;, pave, and provides sidowalks for, all
streets bounding such Project or necesuary to provide `
adoquate:access theroto (in consideration whereof the Local
Authority shall pay to the Municipality such amount as
would be assossod againjt time Project site for E;uc;h work if
such site veru privately owned); and
* (c) It will provide, or cause to be provided, water mains,
and storm, and sanitary sever mains, leading to such Project
and serving the bounding streets thereof (in consideration
whereof the Local Authority shall pay to the Municipality
such amount as would be assessed against the Project site
for such Mork if such site were privately owned).
7. If by reason of the Hanicipalit,ms failure or refusal to furnish or
cause to be furnished any public services or facilities which it has agreed
hereunder to furnish or to cause to be furnished to the Local Authority or
to the. t.emmts of any Project, the Local Authority incurs any expense to
obtain 4uch services or facilitiesthen the Local, Authority may deduct the
amount of such eVense from any Pgswate in Lien of ?axes due or to become
due to the Municipality in respect to any Project or any other low -rent
housing projects owned or operated by the Local Authority.
8. No Cooperation Agreement hsrstofore entered into between the
Municipality and the Local Authority shall be construed to apply to any
Project covered by this Agreement.
* Needs Town Meeting approval
Ituv-52481.
Page 4
December 1969
9. No member of the Bove ni i_ng body of the Municipality or any other
public official of the Municipality who exerciser any responsibilities or
functions with respect to any Project during his tenure or for one year
thereafter shall have any interest, direct or indirect, in any Project or
any property included or planned to be included in any project, or any
contracts in connection with such Projects or property, if any such
• governing body member or such other public official of the Municipality
involuntarily acquires or had acquired prior to the beginning of his
tenure any such interest,. he shall immediately disclose such interest to
the Local Authority.
10. So long as any contract between the Local Authority and the
Government for loans (including preliminary loans) or annual contributions,
or both, in connection with any Project remains in force and effect, or ao
long as any bonds issued in connection with any Project or any monies due
to the Government in connection with any Project remain unpaid, this Agree-
ment shall not be abrogated, changed, or modified without.the consent of
the Government. The privileges and obligations of the Municipality here-
under shall remain in full force and effect with respect to each Project
so long as the beneficial title to such Project is held by the Local
Authority or by any other public body or governmental agency, including
the Government, authorized by last to engage in the development, or administra-
tion of low -rent housing projects. If at any time the beneficial title to,
or possession of, any Project is held by such other public body or govern-
mental agency, including the Government, the provisions hereof shall inure
to the benefit of and may be enforced by, such other public body or governmental
agency, including the Government.
IN WITNESS WHEREOF the Municipality and the Local Authority have respec-
tively signed this Agreement and caused their seals to be affixed and attested
as of the day and year first above written.
(SEAT.)
orporate Name o H cip ity
rJ3J
t
NORTH ANDOVER HOUSING AUTHORITY
POST OFFICE BOX 373
NORTH ANDOVER MASS, 01845
(CorporaVe Name of L6calut ori y
rman
APPENDIX TV.
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available for occupancy -in -North Andover -is -not -in in xce s' r
The number of low and moderate income housingunits occupied o
y _ _- excess of ten
Aercent of the total number of housing units reported in the
1970 decennial census or in the 1980 decennial. census. Low and
moderate income housing units would have to exceed 494 of 4943
housing units (1970 census) or 704 of 7040 units (1980 census)_
before exceeding the maximum criterion of local need.
The land area occupied by low and a e income hour g"`�W4____,�
+• units in the Town of North Andover does nort comprise one
and-one,half percent or more of the totaT/"Tand area zoned,
r for residential, commercial, or industrial use, excluding 2CP
publicly owned land.
The total land area zoned for such use n North Andover is
17,043 acres. Approximately 4,043 acme or land are publi-
cly owned, as defined in Section 20, so that 13,000 acres
remain against which the one and one-half percent standard
may be applied. To satisfy this criterion of local need,
the land area occupied by low and moderate income housing
units should comprise in excess of 200 acres. Presently,
low and moderate income housing units in North Andover
occupy some 43.60 acres, leaving about 146.40 acres of
land which might be developed for lbw and moderate income
housing before the criterion woul be exceeded 1V ftp , rl � •
Approval of this application / - f
PP pp v��i�ei not result �.n the commence
ment, in any one calendar year, of c nstruction of low and
moderate income housing units on ices comprising more 'than
three tenths of one percent of lgnd inNorth Andover zoned for
residential, commercial, o r --industrial use, ?excluding publicly
owned land, or comprising_ more tlian ten acres, whichever is
greater. - �----
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