HomeMy WebLinkAbout1992-12-22 Correspondence 1992-1998 DAVID _L DONESKI
LEONARD KOPELMAN KOPELMAN AND PAIGE�� 'Pl
D0NALD G- PAIGE= SANDRA 01- C:i-IARTON`
ELIZABEY" A,, LANE ATTORNIFY5 AT LAW [LANA M. 42,UIRK
JOYCE F-R!ANK PATRICI A A. CAN TOR
JOHN W_ GIURC-ID 31 5-_ -JADES AVENUrz ' JOHN R. RUCKSAM0, JR.
BUSAN M. CALL HA
BARBARA F_ SA]PtT ANDRL
N
DOLL U_ DARD, 1HOMAS P. LANE, JR.
190STON, MAssAcWIJ99TTS 024f6-4102
EVERETT J. MAR DER BIRIAN W RILEY
PATRICK J_ COSTELLO
ROBERT PATTEN
JOSEPH L. TERAN, ift- (617,p
t MARK R_ REICH,
MARY L. G10111WO
ANNE-MARIF M Hy�-_ANP FAX 1,SI'7) 654-17311
KATHLEEN F C ONNOL-Ly
THERESA M, DOWDY 3P A LJ
E CHRISTOPHER J. G ROLL
OF971C
EDWARD M. REU LY =41 W AA 3-6 100 KIMBERLY A- HOLLIDAY
MICHELE E. RANDAZZO
vmh,c I um W-_SytRN U_F Wt- DARREN R. KLEIN
NVIRTHAMPTON E THOMAS W. MA-CENANEY
WHUJAtry HE WIG IF1 (4131 BSU-BS3P_ JONATHAN U_ SILVERSTEIN
I7E8,01RAFf A. ELIASON, TIMOT"Y J. ERVIN
JEANNE -S_ Mc WORCESTER 01717110E KATHARINE 1. GOP
JIUDITH C. CUT- ER f5QF1) 752-0203 CHRISTOFHER J, P�LLART
RICHARD BOWEN KRISTEN 8- MAGENDANTZ
KATHLEEN M_ 0`00NNELL ROBERT T. FORD
June 1 1998 LAAA N_FU50N KLING
BY FACSTMTLE - (978), 688-9542
s Kathleen Bradley ColNvell
Tu,vvii, Njanner
North Andover Community Development
30 School Street
North Andover, MA 0 1845
Rea Sutton Pond Cu-ndo ium Complex Parking
Dear Ms- Colwell-
You have requested an opinion, regarding whether the 1992 special permit for the Sutton
Pond Condominium Complex originally called the Osgood Mill Project, requires 28,1 parking
spaces for all development on the site, or, i-vhether additional parking spaces may be required for
the so-called Annex Building, the small building fornwrly used by the Town's Community
Development Department, Itis my Opinion based on thefacts. which you have provided, that
becau,se the special permit granted in 1992 expressly addressed and imposed conditions regarding
par ki�Rg, on the site as a whole_, the 2.8 1-parking space requirement ap plies to all development and
U.Se of the -site.
The facts, as you have informed me, are as follows. The Sutton Pond Con durninium
complex con"USIS c)f a total of 188 residential units loca - site of the Osgood Nhill Project ted on the
Currently on the site are residential units in tile old mill buildings and a separate office building
the "Annex Bulldinj�' — which Is- the- focus of your current concern. The entire site comprises
13-2 acres and, is in an I ndu strial-S zoning district as well as, the To- wry"s. designateA Conunercial
Area Revitalization District, Planned Development District CMD"'), and historic District. Tn
1985, the PlIn Iar-ini g Board granteda special permit to allow ihe conversion of two existing
buildings on the site and, the construction of five new buildings to contain a total of 188 residential
units and ares-tauranv'office facility. Construction comnienctd in accordance with this permit but
-was suspended before completion. In 1992 a new application for a special permit and site plan
approval was applied for, to allow completion- of the Osgoodlvlill Project under the Zoning Bylaw
PRINTED oN 149CYCLE D PAPER
opri-MAN AND PAIGE, PC,
Ms. 1 atigeon Bradley Correll
Town Planner
June 11 , 1998
Page 2
oLdng Bylaw PDD, §§10,3. 10_31 and 11.4_ Inclu ded in the a pplicalion was a p I an enti tied "Si to
Layout, Sutton Pond Condone niums" showing the Annex Building as well as the other buildings
on the site. The plan stated; "Park i ng, 282 spaces (188 units x 1,5), + 1 Addit-1onal Space, a}
Pu blic licarh gs were held on this application and the planni ng B oard gran l ed a co nditiona�
permit on .December 22, 1992. The Planning Board found that the plan "Contains adequate
p ark i ng fa-ci lities for each use a nd st ruQture i n the d eve]opment." The B o ard granted th a per i�
wlhich included, among oth-er conditions, condition 7 which ,stated; {`Th-e Planning, Board
a pprove s, at a mi ni mu try, 281 parking spaces a s shown on the Plan- The Plaiuring B o and fiu ds
thi,i number Gf spaces, although minimal, to be adequate for the project as appuuved.—` The
decision does not. other ise address parking. It does not explain. why 281 , rather than the 82
space- shown on the plan were approved. And it does trot expressly refer to the -Rex Buildirts,
None o f the d ocunients or other in Carmat ion provid ed to nee shows that the Annex Build ing Wa s
considered o r treated as sep arate fi-orn the resi dential portion of[lie Osgoo d bill proi ea
The i ssu a no-w, as you have i nformed me, has arisen in the lol I o wing con l ext. der the
d eve]opment was completed, ror about tivo years, the Town used the Annex Building for the
Community Development Departmuit of'lces, Larking was not a problem because ernployees
an d vi si tors rased t he adja cent Town Mall parking I o f and hezause there was no n Ot increue i n
cars or use due to the fact that the garde nu tuber of employees h ad a1 ready been u sing the ad j acent
lot, However, sin.Qe a sale o C l he Annex Buildi i�g is 17 ow perlding, your have expressed concern
Mat the 281 spaces will be inad equaW to accommodate the increase in the number of cars- TM s
concern is based on the expectation that the building will he used for private offices unrelated to
Town govemment and that there will be nnany azure, e pl ogees who will seek pa rki rtg t han t hove
who wo rk ed there vrHe the building was o u f ied by the Town. Also, the adj a-cent Muni cip al
l rat has decreased in size because the Senior Center has expanded, thereby further reducing the
available number of spaces in the area.
In my opinion, the Planning Board issued the 1992 Special Pernit conditioned on the
provision of 291 Parking spaces for the entire d evelopmcnt, Therefore, unless a now Special
ix-.rmit woul d he required and er the Zonlug Byl aw § 10 (Special Pc�mits) or §1 1 I anned
bevel opment District. — I- ), t he P I an-ring B o and does not have j uri soli otion to consid er whether
ad diflonal parking Spaces might be d esirable, It i s my fu rther opi nion that in the 6TCum st antes
you have presented, a new special permit is not required_
The Zoning B yiaw §4. 135 and §11 ,5 (which has not changed siEpee 1992 as applicable),
perrni is the following uses in th a PDD — 1-S, business and professional o dices and/or public
bu it d ing or u se. In accord ante wi t h the 1992 S pedal Pe3rriii t, the Annex Building 11 as been u sed
for one or in-ogre of t here u ses and woiAd coati r)ue to b o so u sed_ It is my opinion that the clYange
from Town o 1"�i ces (public u se) to businegs or pro fessional offices pri vate trse is not a change of
KOPELMAN AND P I .. .
Kathleen Wadley Colwell
Towm Planner
June l t, 1998
Page 3
use for which a new speClal permit would be required- It is my, further o'pinion that the 1992
special permit cr t � �t r site. because they a a r � h � all off;the I � .
the site and showed parking for the wliole development. There is no separate ref6rence to the
Annex Buildingr other indication to support the conclusion that the Ai -way treated
differently t r excluded from the rest of the site. Indeed, the Special Permit _res states that
the development, "Contains adequate park ing facilities- for each 1 e and structure in, the
[em-phaslis added Therefore- it is my opinion that unless other
furnished that shoes that Annex B ` dire was treated separately from the site as- awl-lole or
that tears will be a- change in use such that a new special permit would, be required, the Board may
not require more than
exists us the au nt parking required . to be, as a arabl-guity
mathematics matter,, based only on 9 residential components:, i. _p 188 residential, units, multiplied
by l e 5 spaces per unit equal s ,282 spaces- However, the special permit Clearly anti"Cipated
add,i
,tional, non-residential development,
Finally, i , under the Zoning Bylaw §8.3 Site Plan, the chang,e proposed no
would not trigger another site plan re iv as the review undertaken in 1992 applied to the Annex
Building as part of the entire Osgood Mild Project. — Sutton Pond Condominium. TheZoning
Bylaw does not provide that a change. in ownershiprequires a new speval permit application r
site plan review the 1,992 Special Per itprov : "The r isio s f s conditional
prav l shah apply to and be binding,, upon the applicant a_- and all successors .- in interest or
control-" Theref re, it is my opinion that additional parking spaces particularly for the Annex
Building may not be required,
If you leave any further questions concerning this matter,, do not hesitate to contact me.
Very truly yours,
R
Joel B. Ba-rd
JBB1?ACJrnjm
Board Selectmen
Town of North Andover �40:RYjq
OFFICE OF
COMMUNITY DEVELOPMENT IND SERVICES - A -
30 School Street
* •SL-{-1M1- L �
North Andov-�r, Massy chusef is 01943 ���h•iT}, k ���
Di reolor
May 20 1999
Joel Bard, Esq.
opelrnan & Paige
31 St. James Avenue
Bost-on, MA 0 116
e: S atttun Rand Condomijii um Co mp Ic x Park ing Issues
Dear AttormLy Turd,
Robert N icctta� Bading Inspector mid I have men a-eviewi n g a request regarding the availa bility
of parking spw-rs f6-v an o ffi-ce bui Id inn located grit lihi t 188 upLit 8 aaton Road C o-ad m inium
Complex. The issue is vcrhether or not Lhe Planning Bo and approval of 281 parking spaces
ins i uded parking spaces for the office huildh3g.
The p lati slogs 281 parking �-paec s -equa I i rig ( 18 8 units x 1. ) + I additimral space. There is no
mention of p�wking spaces for the fi"icc hnti din g however it is shown on the plan and labeled
«exist irt., building", See attached copies of the plan.
CondiEion 7 -ofthe Planai-ng B ourd appmval states tiut the Board approves, at a minimum. 2 81
park ing spaocs as shown on the play aad goes on to stag that this nu mber o C;apace s is ad equate
for the project as appro ved. The plain d oes not list the huildi ng in qu st ion as an vffic-e build ing
nor does the decis ion Te ference this diniIding hi any rn rarer r Corm.
Ilowever, th-e Town did use tl-iis bu ild i ng as an o D ice for t he Community Dove lopnne tit
Department for approxin te ly two years with parking in the adjacent municipal lot. In my
OpirliO n, I he parkhag issue did no d arise, as there e no new ears &t-e to tho fist that the same
nu mhers o f emplo yens were a Lready u sing the mum e i a I to d. .l`here was no net increase in cars.
As a practi,�:a l matter the 281 parking spaces are not -adequate for the condom i um Complex
a lone and will defmite ly nn t accommodate the increase in ears from the pro pos. d use. ThQ
municipal Lot has decreased in live due Lea the ex amsion of the Senior Center and also cannot
acconu-noel-ate the add it ional traffic. A real q uestion ex i sts as to where these emp to ees wi I I
.park.
110AH[?OF rk.PPF.jLLS 6J38-954I BUfLDI G 6;88-954� CONSERVATION 6;98•9�5'30 HEALTH 688-9540 P _ANNTNG Gg8-�)5.35
I have enclo sad �i copy o f a Ictter I yeeel ved fro tip Attomey Ho ward Spe is h-Cr d iscii ssitig this
issue. He will be calling you to discuss this fort her. If you have -any quc,�Oo rti� or need additional
i nformation p I-ease do not hes i tate to contact me at 97 ) 6 -953 5.
1 woWd II ke to have your opiniscn on this toatter by June 3, 199 8 hat M i�. N ice tta may
respond to Attomey Speicher's requ-es E i n a timely f:t-'h icy n-
Very truly c tars,
uthIcen Bradky Co Ivecll
cc. W. Se ott, Director Co mmunity D c ve]opt-mit & Servlce s
R. icetta. B tf it is g Inspector
i�,. I laip i n, -rown lean�,gcr
TOWN OF NO R T 1E1 AA
�* S AC HU SETTS
+ v r�r +�+ T •, ,
1 7�I5 '• � i r '�1
CAiC}Y8 I.
S� 4L.y S■
Any appeal shaii be filedwithin (20) days � }
after the ' {a
¢iaT■v ai -Ni7
date of filing of this Notice �s$ArMu k�
in the Office of the Tom
Clary. NOTICE OF I) E GS lO
Date , . . FDjceirLber + 22 , + 1992 ■ Y
DeccMber 1 , ' 1
F7{
Decerzbe r
Date of fleari••}�g i 4 i ■ • i 4 Y i 4 • 4 4 Y i ! Y
Pet3 tio), o . T C A Inc . . . . a . . . i + + + • + � + . . . . . . . . . . . . + . . . . . .
+ + Y Y Y + ■ , f F , F ! + i i + Y F + i Y
Premises affectpd , . q t• - P 4 b 4 1 F T l. + F . t , r at+ . . . . . . . . a . . . . a . . . a
Referring to the above petition for a sp-ec-iat permit from the req uirem e-nt69
of till, l i 11 - Planned D€ ve l.opm-ent i]i�r_rz.c�• .
i ! i , i ! ■ + Y , + i + ■ T ■ Y T i
so as to permit ■ + he• are•is•,,;ike of Ya ■l,;i ��i al. Permit in order to. courole t e. Lulea . . _ .
constrILC.tion of the n d Mill proiect .
F , + + , i i T i . . . . • F • • • i F �Y • • • • • • • • a a • F, • a a i i + a . . . . . . • a • a • • a Y F ■ Y • • + • ■ • • , , i i Y . . i . i
A.fter a public he.-living giver on the. above date , the Planning Board voted
CiGNDITIO A LY
to 17AQT.S. . . . . . . .the r ,S�E■CiAL •Y +Ei(ML.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the folowin:' conditions
Cc : Directu�- cf public=. Works
Building iaspecL-or
Conservation AdD�inis(-,ratm-
Health Agant signed
Police Chief x , PXr11.8-,. . . . . . . . + .
Fire Clii-eff
T y
Applicant
Eagi -e er
F i.l k' . 3 zrril..Sa . . _ . . . . . a . . . .
Y i Y
Into-resied parties
.Joohza l).r pz. . . . .
P 1anmnC,T Board {
�KY
KARFN H.Y. NELSON � �; Town of 120 Uaia Street. 01845
Direaur
r•: .FORTH AD OVEN ���s� ��{�-��s�
Y 1,A NNING PLANNING & COMMUNITY DEVELOPMENT
December 22 , 1992
Mr , Daniel Long, Town Clerk
Town office Building
120 Main Stx'eet
North Andover, SEA 01845
Re : Osgood Mill Planned Develop�aent
District ( PIED) special Permit
Dear Mr . Lang :
The North Andover Planning Board held a public hearing on
Tuesday evening , December 1 , 1992 , at 8 : 00 p . m. in the Town
Office Meeting Room, upon the application of URDACf Inc . of
Boston ., MA. , and subsequently continued the Public: hearing until
Dc ember is ., 1992 . The hearing was duly advertised in the
wi'ence Eaglr, Tribune on November 16 and November 23 , 1992 . All
parties of interest were properly notified . The following
members were present at the December 1 , 1992 meeting : Joseph
Mahoney , George Perna , John Draper , John Simons and Richard
Rowe n .
The petitioner seeks a special Permit under Section 11-
1 anni�--d Development District of the Nc:c Lh Andover Zoning Bylaw
( the "Zoning Bylaw" ) , governed by Section 10 . 31 Conditions for
AppTova.l......of Special Permit . This section of the Zoning Bylaw
y
gex-mits a mixed use in a.-z lndu5trial-S District by Special
Permit .
As ,rid j cated in a Noti cc of Dads ion dated September 3 ,
1995 , recorded with the Essex -North District Registry of Deeds at
Book 2111 , , Page 167 , the Planning Hoard issued a Special Permit
to allow the conversion of two existing buildings , and
constri-icticn of five new buildings , into 188 residential housing
urn its and are c f f ice restaurant facility located oii the Wests ide
of Elm Street and known as the Osgood Mill Complex . Said lot is
situated in an Industrial-S Zoning District possessing 13 . 2 acres
of land area . In addition , the premises is located in the Town ' s
designated Commercial 7�17ea Revitalization District ( CARD� and
Historic District . Construction authorized under the above
referenced Special permit was discontinued before the Osgood Mill
Complex war, completed , and a questio-n bias arise, whether the
Spec,jaj Pernit , as well as the associate, site plan approval for
the Osgood Mill Comple-x , are still in full force and effect .
Page 2 :
Osgood mill Complex
The purpcs-p- of the present Special Permit application is to
obtain a new Special Permit , as well as definitive site plan
approval , in order to complete the partially constructed Osgood
Mill complex . The new definitive site plan is set forth on the
plan entiti d "Site Layout [ , ) Sutton Pond Condominiums [ , ] North
Andover , Massachusetts" ; prcpared by Henry Schadler Associates ,
P . C _ ; scale : 111mm40 f ; dated November 13 , 1992 , revised NQvGTnb-er
3:0 r 1992 ( the "Plant" ) .
The following members were present and voting at the
December 15 , 1 9 F meeting when the Board render-�-,d their
decision : Joseph Mahoney, George Perna , John Draper , John
Simons , and Richard Rower .
Upon a motion madam by Mr . Mahoney and seconded by Mil .
Drape r j the Board voted unan i-mous ly to dose the public hearing
and approve the petitioner ' s SpeQi al Permit application and Plan
for a Planned Development District (PDD) for the Osgood Mi.11
complex .
Attached are those conditions ,
Sincerely ,
NORTH AID DOt ER PLANNING BOARD
rg �r
C�- �& - 7�,2&W6ZLoi)
Perna , Chairman
CC ., Director of Public Works
Building Inspector
Con.�;ervation Administrator
Health Sanitarian
AsseE5E�;ors
Police Chief
Fire Chief
Applicant
Engineer
File
Osgood Mill Pro ect
Sper,lal Permit , Flamed Development District
The Planning Board herein approves the Special Permit requested
by URDA , Inc . F submitted November 13 , 1992 . The Planning Board
makes the following f indiags regarding this Special Permit for a
Planned Development District (PDD) as required by Section.,� 10 . 3
and 10 . 31 of the North Andover Zoning Bylaw .
A . The specific site is an appropriate location for such a use ,
structure or condition ;
B . The use as develope-d will not adve-csely affect the
neighborhood ;
C . There will be no nuisance or serious hazard to vehicles or
pedestrians ;
D . Adequate and appropriate fac it ities will be provided for the
proper operation of the propo:se-d use ;
E . The Planning Board finds that the use is in harmony with the
general pi,rpos e and intent of this Bylaw .
The Planning Scard also makes these findings under Section 11- . 4
of the Morth Andover Zoning Bylaw that this PDD
A . Does not - detract from the livability and aesthet i(,-
qualities of the environment .
B . Is codsi atant - with the objectives of the Zoning Bylaw .
C . Pi�'omotes a more efficient use of land while protecting
natural resources ., such as water resources ., wetlands .,
flood plains ., and wildlife .
D . Promotes diverse housing at a variety of costs .
E . Coma ins .ingress and egress for traffic flow that is
designed properly so that there will be -no serious
hazard to vehhicles cir pedestrians .
E . Contains adeeluate parking facilities for each use acid
strict,ure in the development .
G . Is designed so that major facilities and functions are
visually compatible with the natural and historical
characteristics .
H . Will not adversely affect the natural environment to
the detriment of community character and public health
and safety .
Finally , the Planning Board finds that the PDB complies with Town
Bylaw requirements so long as the following additional condition
are met ;
1 . The required open spaces shall be conveyed to the
conservation CoTumi s s ion or to a non-profit conser-vation
organization, or to a corporation or trust representing
persons resporis ib le for the PDD r and -�;ha l l be protected by a
conservation restriction as required by G . L. Chapter 40A,
Section a , for common open space in cluster
developments . The conveyance documents will be provided to
the Planning Staff for review prior to the recordinq of the
special Permit .
2 . The applicant shall comply with all North Andover DepartTaent
of Public Works Rubs and Regulations .
3 . Any action by another Town Board which requires changes in
the roadway alignment , placement of any easements or
utilities , drainage facilities , grading o�7 no out lines , may
subject this decision to modification by the Planning Board .
4 . The property owner shall use the "proposed -right of ways as
;shown on the Plans titled : Site Layout ., Dates Issued : NOV .
13f 1992 , Revi�ion�, . Nov _ 30 ., 19921 Prepared By : Hear
Schadler Associates , 5 Waterville Rd , Farmington , CT 0603
(hereinafter "Plan'" ) for ingress and egress to the site .
The Property owner shall continue to use this right of war
as it may be modified over the Bri kstane property , so-
called , in the future to ac:o s d irsct 1y the Sutton Street
connector , once it is canstructad .
5 . All lighting within the site and, the right of way hall bet-
as shown on the plan and hall be consistent with existing
lighting on site .
6 . All new signs shall be approved by the Town Planner and rust
have a sign permit as required by Section 6 of the Bylaw .
7 . The Planning Board approves , at a minimum , 281 parrinU
spaces as shown on the Plan . The Planning Board finds this
number of spaces ., although minimal , to be adequate , for the
project as approved . Twenty spaces will be designated and
-marked for visitor parking . The appiicartt must provide for
handicapped spaces as . required by applicable state and
federal rubs and requl at ions .
The water installations nest conform to 310 e : 2
regarding cross-connections . Flans showing proposed
installation of back flow prevention devices at much cross-
sections must be submitted to D. E . F . for review and
approval . These installations must be approved by the
plumbing inspector .
The applicant shall adhere to the following regu,i reme_nts e
the DepartBent of Public Works :
a . The applicant will ccnnect the. new water main on the
Osgood dill site to the recently installed water main
on the North Andov8r Mills property . All nnmetered on
site water mains to be used for domestic purposes are
to be abandoned-
b . Thy sewage pumping station and collection system should
be inspected and tested to deterMine canfo ity to the
appropriate regulations and specifications of the
Division of Public Works . A sewer connection permit
must be produced from the Division of Water Pallution
Control of the Massachusetts Departm-E-5nt of
Envi rannenta l Protection if necessary .
c , The existing pump station adjacent to the office
building will be demclish.Et_�d . The applicant will install
azi i ridiv idea 1 grinder-ejector pump to the lift station
at the courtyard location .
1 The applicant shall adhere to the following requir-ements of
the Fire D6part-ment :
a . The Fire DepariCnont mi-ist be contacted prior to the
installation of any underground tanks .
b . Coplos of the completion certificates for asbestos
removal must be forwarded to the fire department .
c . The automatic fire sprinkler systems is required to be
finished . The Fire Department will work with the
sp-r iTikler contractor to modify e i�t ing but partially
built system to comply with applicable fire safety
codes .
i . all the installations must be inspected and
tested to see if the flows will be adequate .
ii . the connection for the sprinkler systems
protecting thp- units and adjacent hallways
shall be corrected by the i'emo al of the
separate. sprinkler shutoff so that thorn is
only one shut off for both the domestic and
sprinkl c_�r water .
i i i . the :5priTikl er contractor shall review the
enti x7e sprinkler protection s ystein with the
fire chief prior to the start of any work on
any existing or new systems .
d . The dry fire hydrant is to be Tna inta l'.Tied by the
property owners . It mint -be tested by the fire
department and repaired by the propei7ty owners .
The automatic sprinkler system used to protect the
storage area on the lower floors must be installed in
accordance with applicable fire safety codes at the
direction of the fire department ,
`ire department connections aye required, on the
standpipe systems . Thes8 standpipes must be installed
in accordance with the applicably fire safety codes .
The fire department will work in conjunction with the
standpipe contractor tc insure that the proper adaptez-s
and threads are installed on these devices .
. The- fire sprinkler system in the stone maintenance
building must bye maintained by the property owner. Any
charge in use of the building f x-cm maintenance to
another iise must be revie -p-d by the fire department .
the existing f1 re alarm box, located on the old mill
must be removed . A new fire a l a m box and remote
annunciator shell was installed at thes far right corner
of the existing old mill . This fire alarm box and,
remote annQnc i atcr shall service all the fire a l a
devices in the residential complex . The main fire alarm
control pan<-bl for the complex shall be located in the
stair-well adjacent to the fire alam ]pox .
The fire alarm system components that have been
installed must be inspected and tested .
j . A fire- alarm system mast be installed with the
following equipment :
. . hard-wired smoke detectors in common areas and
hallways tied to the fire alarm central panel and
zone indicator -,
11 . each unit will have smoke detectors a required
but will be only for that unit and not connected
to the central, panel
iii . a do-QI)Ie action pull station shall. be installetd
within 6 feet of every exterior door from carman
areas ,,
iv . are exterior Indicator light shall be placed on the
corner of each section of the buildings ( 4 in
total ) r visibI8 from the courtyard to gire fire-
apparatus the location of the problf-5m as described
on the existing plaDs .
k . A water flow alarm for each sprinkler system shall be
installed . These alarms will not activate the master
fi.r-e alai�- n box . The system protecting the storage areas
sha l l have its f luw switch conneQted to the main
control panel and the activation of that flow swat h
will trip the raster fire alarm box .
11 . Prior to a Certificate of occupancy being issued :
a . Bonds , iTi the form of a Passbook or Tri-party Agreement
in an amount to be deter-mined by the planning
Department , shall be posted to ensure construction
and/or completion of the right of way across the
Brickstane Property as shown on the record plans .
b . The applicant is to provide a final as-built when
construction is completed to be approved lay the
Department of Public Works and the Town Planner .
12 . Prior to a Certificate of occupancy be,..ng issued for
the last of the five ( 5 ) new buildings , the property
owner must construct one additional elevator as shown
on the building plans
13 . The applicant must comply witli all Massachusetts State
bu-11ding Qode;!�; and obtain all permits and approvals as
required from the Building Department .
14 . There shall be no k)iir inn or dumping of construction
material on the site .
15 . The contractor shall contact Dig Safe at least 72 hours
prior to commenting any excavation .
16 . Gas , telephone , Cable �-rid Electric Utilities shall be
installed as specified by the respective utility companies .
17 . Any p123,nts , trees or shrubs that have been incorporated into
the landscape plan approved in this decision that die within
one year from the time of planting shall be replaced by the
applicant .
18 . Any demolition of struc-turas and c l eariiig of mate,i al shall
be as shown on the plan
19 . The Main Street access. to the property shall be a one- way
only ingress . Th'e access to the property f ron High street
shall be both an egresa and .ingi�'ess across the right of way
as described an the Plan and as referenced in Condition # 4 .
20 . The one-gray access from Main Street to the property is to be
maintained by the owner .
21 . Any r-hange -6n use of the stone ma intenanc-a �)i�i ld inq fron
raintanauce to another use is subject to the review of the
Plauuing Board .
2 _ The construction of the interior of the budding shall be
under the supervision of the Building Inspector .
23 . All construction shall camm-nnce within two ( 2 ) years frorTI
the date of thie approval and shall be completed within five
( 5 ) years from the date of th i,�; approval . Completion to be
DeQember 22 , 1997 .
24 . The provisions of this cor�d.itjonaj approval_ shall apply to
and be binding upon the applicant , its omployecs and all
successors and assigns in interest or control .
5 . The following plans shall be consid red as part of this
deoi5ion :
Plans Entitled : Oscjoad Mill North Andover, MA
Prepared by : Andereon-Nichols , Boston , MA
-scale : 18 11 ;_- V -01P
Dated : April 61 1987
Sheets c1- s - Civil
Sheets B1- D10 - Demolotion
Sheets AO-A23 - Architectural
Shef�_ts l-S9 - Structural
Sheets PI-P6 - Plumb-.ng
Sheets MI-M7 - Mechanical
Bated : 17 87
Revised : 4 1 87
Sheets EI-812 - Electrical
Plans Entitled : The Osgaod Mill , North AndovEr , MA
Prepa27ed by : Matara z z o Des igrs
9 Hills Avenize
Concord , N . H . 03301
scale ; In = 301
Dated ; August 3 ' 1927
Sheets : 1 - 5
Dated., November 11 , 1987
Sheets : I - 2
Revised by the 'ellowing plans
Plans Entitled : Site Layout
Sutton Condominitims
North Andover, MA
Prepaz7ed by: Hetnry Sahadl-er Associates , P . C .
5 Waterville Road
Farmington, CT 06032
Dated : November 13 , 1992 ,
Revised : November 30 , 1992
scale : 1"f = 40 1
As-Built Site Development Plan
Prepared for RFCOLL Management Corporation
Dated : August 1992
Plans Entitled : Planting Plan
Sutton Pond Condominiums
North Andover , MA
Prepared by : H-enry schadler
Dated ; November 13 , 199
Revised : November 30 , 1992
Scale : 11T = 40 '
CC : Dir-actor of Public Works
Building Inspector
Ccnservaticn Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
O GOoD . D
DAvis, MALM & D' Acio-sTINE
M M
A f FwEEssimwXuRnw.Avor;
OhT BosmK PLALE
BCPS-3UN, MAS&�,LHLRktM N 1 09—WO 13 N 11 C',
T'nFPFfcvF-. (61'2) 367-250D
TEu-coomiL. (611) 523-6Z15
J)1;17.11 J. IYA.'JON14ne A.I.-61 L Stanzier Mien J Dieurirh Wri ior'� D'N-CL I)i al: �6 17-1 5%9-)AD
10111m llf)bert X.f;.-flvirj J. C"-win b 171, IM i-)
129
%y R1 ilon F.Gcdfin-k. JohlL D.C11W)LUL'&S AJ I LN L W D.NEL k-C 15; 121ylI.
PIL11 E.Lcvui"si 'C3CO1 fL C0111M 6. 14ulxi 1 Sk::1%valtJ4
Rohkm L:. (lerr.13CI I(award P Spekcher Ann M Snho?inyski
John ('r fenna 11-in1 r, Felfimmn 1115tda C. 5111foff1wr
jobil R. BeEmno K-.;Y-'is 5. Lao!
thu,y S. ML!Cskcj 6MV M. ,�ddMLU3 hjiul-L?R. Davis.
k1111:14 A S11KM {,eurve A.;Iew-Eil MA'mnndl
lnhn T Lynch 7iremn!;S.!:H7.punck
[Mav 1Z, 1998
VIA FAX 978 -688-9542
Kathlee-i Bradley Colwell, Esq-
North Anduvcr Town Offi-ccs
120 Main StreeL
N o rth Andover. N4 A 0 1 S 45
R e-- Annex 82-Lildir3�
D4ar Kaffilc.--n:
'r-h-ank y o u Fbi- %peak--1& Ith me this afternoon relyardingy the Alin-ux Building- I en I �i-
I ; w arn c n �JJCT
D 7;
a copy of my letter to Mr. Mccaa so that vGu w-311 havc thL-, bc iv--fit o C what I p rese ii ted to I 1-3 in w hoi i
vou takT2 a closer look a I [his I S�LIC. 11-1 particular, p I ea.w nute I haL pa rajap h 7 -of I hc F1 kirim rig Board's
fi nd i ng-,s pi-ov i de% that the Planing Board f i nd s 2 I p ark-i n u spaces to he adequate "For 1hv. p r()J-e-C t as
app ove--d.'% The project, m. described elsewhere In the, dedsiw consists -of the enffi-a 112 acre parcel
and -1 nc I udes o i-fice as w,�I I as res I de rit la I uses,
IM F. N lecria S POS aloll S]M P 1v i.gmorcs the Planning Board's dccision, Amcle I I of the [3v-1,-:l;A,.
aEld the fact LhLi thc build-Ing Is part of the 13.2 aert' parcel and cannot be lookcd at as -if it �,vas on a
separate lot, l se fake a clo-,e look at tbis issue and 2-e back to tile at your earhesL Ci)nvenlence-
Thank -v a 11 for vo LLr- pi-o ni p t atie nt i o n to t h j s matt�t-.
Vv,ry truly YOUrs,
A57
Howai-d P. Spcichffr
Ul:
J:',ti PEM I Ek`.STE RLN.CULWELL.un.
A PwEemxm&r.Caarou=ri
'ONE 13LUP N PUCE
=--;,T rs 021!08-447.0
(6 E 7) 367-251A
J'ulisr 1, J vAgostiam Al vs L Si3,nr3er Rabtre 1_ biei2rx: Wrilcr'x JDirnv DiaJ: (6J 3) M-3K9
D_ M-av!iaed M.Arn Roue f. Gn dvin J.QJ61)-CULT Geld Difec['I`alecapicr. (6[: 305-1 E a9
Wi INaiie F_GriJTi n, fr. John D. C�aMbll�j Andrew D__Mycza lnla4l: I.SNeicher eDiirn-di;yw.can,
Paul E. Uvensan Cmpl R. Cohen 6. Lkpkrt 5chNua lde
Robco C. G-.n -d Mi ward I'. Sp etcher Ann NE. 'fjbgk wski
Jahn (�, Serra Paul L. I"eFa_maa JisgNI c;, Sc wj$er
John IL rterrnir5 K�wln P. I_unw
i:ci y S. _in1,;:q Galy-@_Fclt nmm Hamad R. Davis,
Radi b ASIMsu Ciewga A. Hewca of Caunse;
aof n T_ LYMOIL Tmrnas S. FiLINCrick
May 5, 1999
VIA FAX 978 688-9.55
D_ r)ben Nicetta, Building Co1:millssionfr
Kurth Andover Town Offices
120 fc-dn Strcet
North j,�_ndover, ,M 01345
0'; Annex 13EILL4ijirp
Dew- Co inmi ss OnET N is etia:
Tha tik, vo u for meeting wi th mv, ye ste rdav £`Ef ern ocin to discuss the matter o f zo nii n g f h r the
Toy ,va Office t cx 8uiIdEni.-Y, As you know, a snie of'th-c bulId-Ing is pendhiga and the �,otice ns vou
txpressed to Gl:o rye 'S tem about Whether the bui Ming co m pl-3 ed vr'i t h die Zoruri 13 v-I a-vv havc r�i red
arx issue with resp ect tc the proposed sale of the buiIding. As we discusscd, 1helICvc that uric-! v o U
have all of the fad� you will agrce that the bu it ii�9 i s 1a rope> 1 v zo ned mid perm I tted Co r o fi ic e u�e,
a nd tha t no frLlrthc r re l i of is rcqui re s.i_
The b ui l d i iig is not, as von may have thought, on a �e paratc lot, nor are there any p Luis to
subdivide 0 fi-(�m the rest of the SurtonTF and condoJrninium Properly, so it should rot be evaluatcd
for zo ninu purpo�e�, including park']ng ca1c >ulations, as s C i E WZIS a o11 a scparatc: 1 o i. The, build ing is
jiist one off- the bu€Idings on the 1 a_2 acre parcel compris1z1y the Sutton Pored Corlc€omiu�ri properZY_
The propc.ter can-ginally recwivcd -a special Per.-nit Cer dovekipment as a Mixed Ilse Complex
in 1987. After the project fa;st-i�red wifli the collapse oE' the real Estate market. in the late 1980's, the
developers earn e to the P laJr n ing B curd to ce-permi t the prOj c c L. In Dcee tuber, i 992, the P]ann i n'g
Board re-i ss utd a �peei a I perm it for tie develo pine ri E o f- the d rxti r.!� 1 .2 acre pare c? as a P]an ned
evelaument ) i�tzsct in accord �-� with eClion I 1 of the r)ning By-law. The special permit
authori zed the m-Z x ed me of Elie end re prupetty fa r u sc.s I n el ud i n g res ide ntial, o ffic c and recta ur nt.
M1 The s ubj tc t bul Wing has been used er since for rJ s 3 ce use s in ac c nrdanc e with th-t: special pernii t.
D. Robert N ice ta, 3ulldirrtr C o=issi one r
May 4, 1998
Page 2
As you krnow, t lac To w-n of Nordi A nd(� ver has itself used die bul Id ing for offic t: purposes for the past
several years. No -c lean ge o f ua e is contemplated or pwpo scd.
Pursm t to Section @ 1 d the oru-.ag ley-law} the Plam.ri�i-ry Doard has the authoFity to
detcrmi rro the appro priati-, number of park inu spaces in a Planned Developmcnt District,
A c-c ordInglyz in its 1992 approval, the Planning Board authorized the Sutton Pondr�i[1n1
p.�ojeet to go forward with 281 parking space-s once the pmj�ec t was tit l 1 v built out_ `File site plan I
left wi th yoli i mils ate s that tilers are 282 parking spa-:es at this c o mplcx. It wo ul d not be a ppropn-iate
to irnpo-,e a -�epamte parking requircment on the A n eke K Building because (1) it is not on {� separate,
paxc el, and (2) it wm permitted as part of the erx ti re, Sutton -o nd complex,
i ven th-!� co nstraints on your t i rue, I Beady app eeci ate your c ffo r tS to address t hi s matte E
expeditiously. if you have any que.�t N o ns or need anv lit-ore ire fo rination, please call me at your
convenience.
V-UTY truly Yours,
Howard P. Speicher
C-C; George J9, stern
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Right of Way Planting �� Linden Honey Locust
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Parking: 282 Spaces 188 Units x 1 .5 + I Additional Space
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A PONCE CONDOMINIUMS '
__..__....__._...__.. . ..._.._ ..,..._.. . ......... - - -.w . - - ._...-- -... .r --- .... - --- - _.............---- ------ .._._.__..__... ...__. ... .._..------ - - - .. .- - ------ —
DAVIS, ML & D' ATE W ;
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Wryw'x Mns 02 1 £ 7 ,
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Robes C.C l sE lPC Speicher Ann -SoUzw—'Kj'
may 1 € 1998
VIA FA 7 - 154
Kathleen Bradley Colwell. Esq.Town, Plapner
North And over To,*vn Offlices
120 Main Street
ilia
Dear Kathleen,,-.
Thaiik,youfog. speaking with me this afternoom regarding t1he Annex BuIldia � �i i
Copy �-f letter t Mr. 1 Je tt � that tm ��itl 11 e t it 1� tpresented to ��i 1 e�
y -ti, take a closer look at this issue. In particular, plea-se note that paragraph7of the Planning Board4s
fit ings pro-vides that the Planning and finds 281 parking a to be adequate "for the p1r li t
appr d." The PrC9 ect, as desuribed ell scwhe ln t1 e decision consi N t t�I'the entire 13.2 cr rc
a- i roc 1_ye I e re r l t a 1� . .
-
e O tt ' position simplyignores, the la- _e i !� rd' �i si � Article 11 of Ille
and the fact that the build ing is part tits die 13.�� acre Marcel n t ,) d t as, it n
separate I t- Pleaseto 1 a close t t tl a issue ;n get back tome at your earliest convenience.
Thank you 1br your r mpt U— ti to, this 111,alter.
Very trUIV yours,
Howard P. peke---
M creB- Stem
DAvis, MA.M & U O TI NE
A N0MSnWLr,-C1)FLmRATfflN
Bono,M.,&%Aanm 0Z IM- 4F0
TLuq-RowR (617) 367-2500
TUX (611) 523-6215
hEiaik 1.TYASQStine Alan L_Sian2kr Robonl. EDielrrodl, Wd;eer's Direct Dial, (617)JR9.38zq
C_tvE.ichac] mnlm "rl J.GEL J_twin GaCkFicld Dir"C'rolocopiC�(6]7)305.31�9
William F.Griffin,Jr_ Jalm D.-Chtutablim Andrsw D.Myers CR UA'h9r1eiL1ier{r�rl'mdJ11W..e0M
PAal E_LUVC f ZM1 R_fohm G. E gf1e�+SLE�5,r�eldr
Rcert G_Gevfae[k E Eoward F. Speicher Ann M.Sobck wiki
Rohm CF_Serino N111 E ry f-clq�nm ingeid C_Schroffrrcr
A4hn R. De man Kevin F_Long
Cw S4 M;mko Gary M_FeEdntan Ham id R.]�uix,
fu kh A:hrpu -[�oorgc A. EfciMt of Ceawsel
Min T. L}melt 'Dwirkm& Fiizpnirisk
May 5, 1998
VIA FAX 978 688-9556
D. Robert Nicinta, $ui l di rig Cormn is sioner
North Andovvr Town Offices
120 Main S trect
Nui th Andover, MA 0184
Re, Annex Building
Dear Coimuissioner l icetta;
Thank you for meeting with me }ester-lay a fternoua to discuss the matter of zo ni ns for the
Town Office Aimx Building. As you know, a sale of the building is pending, and die concerns you
expressed to George S tech ah02t Wheth-er the bui I dilug comp]ied with the Zang By-law have ray sed
a.n issue with respect to the proposed sale o f the bui I d i ncy. As we discussed, 1 be I i-eve that Dace yo u
have all o f the fhets you wil l agree th at the bui Id iron is properly zoned and permi tied for 0 0-1 Ce user
and that no further relief is recluiT>-,d,
The building is not, as you may have thou p ht, on a separate lot, nor are there auy plans to
subdi vi dtc it from the re st c f theStitt-on Pond cond omi nium property, so it shoal a no t hr, cwaluated
Cor zorii ng purposes, iticludi ng parkhign calculations. as if i t was a o n a separate l ot, The build ing i s
J us I one o f the boil dings oil the 13.2 acre parcel com prising the S atton Po nd C oiRd rn turn property.
The propel' originally received a special permit for development as a mixed use complex
in 1987. After the project faltered with the call apse, Of the real estate market in the late 1 8.0's, the
developers -came to the Planning Board to re-penni t the proj cct, In Deecrnbe'r, 1992, the Planning
Bo and re-i ssued a spe ci a l perry it for the developrner]t o C the "tire 13,2 acre parce l as a p lanned
Development District in accordance with Section I 1 or the Zoning By-law. The special permit
authorized the mixed use of the entire property for uses including residential, office and restaurant.
The subject building has been used ever since for oMice rases in accordance with the special perinit.
D. Robert Nicetta, Building Commissioner
May 4, 1998
Page
s you know, the Town of North Andover has itself used the building for o gee purposes for the past
several years. No -change of we is contemplated or proposed.
Pursuant to Section I I of the Zoning By-law, the Planning Board has the authority to
d eterm in-e the appropriate number of parking spaces in a Planned Development District.
Accordingly, in its 1992 approval, the Planning Board authorized th-e Sutton Pond Condominium
projtxt to go forward with 281 parking spaces once the pro f e t was fully built out. The site plan I
left with you indicates that there are 292 parking spaces at the, complex. It would not be appropriate
to i mpo;�e a separate parking requirement on the hex Building because (1) it is not on a separate
pane I, and ) it was permitted a q paut of the entire Sutton Pond complex.
Given the constraints on your time, I greatly appreciate your efforts to address this matter
exp,editiously. If you have any questions or need may more information, please call nie at your
convenience.
Very truly yours,
Howard R Speicher
cc: George B. Stvrn
1MPE2CF[ERMERMN[-'F T A,�.r_
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fix. 13 03 g
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March 3 , 1994
Planning Board
Town of North AndovL
120 Main Street
North Andover, MA 01845
,� r
REFERENCE : SUTTON POND
NORTH ANDOVERr MASSACHUSETTS
Dear Planning Board emit
Confirming our discussions at yesterday' s Planning Board Meeting,
the creation of two residential liv=ing units within the
ra ( former maintenance ) building at Sutton Pond was orally
approved by the Planning Board .
Pursuant to Rick Nardella ' s request { accompanying is a site plan
denoting the location of the 188 units .
Very teply yours ,
E . A . GRALIA CONSTRUCTION CO. F IN ,
-
e
Paul �# owich
Pro j 66-t Cog J,dinator
car
Er
TOTAL UNITS , 188
A'. sUTT0m POND
rxF ti~ r�
,. � -
'�. Lr-
N
� r
( 25 ) ( 20)
E TRY
r4�t��tf 0£ FOSTER �
NT Y
OPT S�4U 14' y N1 jkb�dff!'"M
imfALTH X FJTNE6i LLM
_
5 OSGOOD `J
ABOUT
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MILL PONfk --
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North Elt€ Ver,
all
KAREN If-P_ NELSON ` 120 Main Street, 01945
NORTH ANDOVER
EUILDING
CONSERVATION '�, ui VISME4 of
HEALTIF
LAWNG PLANNING & COMMUNITY DEVEI P EN T
March 2 , 1994
Mr. Ernest A. Gralia
The Gralia Croup
200 North Main Street
East Longmeadow, SSA 01028
Re: Sutton pond Condominium - Stone Building Condos
Dear Mr . Gral is ,
The Planning Board reviewed and approved the plan;��; to
convert the existing store building approved as a maintenance
b'ilding to two condominium units providing that these units are
hooked up to the municipal .sewer system.
The Planning Board would also like you to provide the Board
with are updated plan ,showing all of the units in each building to
confirm that there will not be more than 18 B units constructed
overall .
If you have any questions please do not hesitate to call me
at 682-6483 ext. 24 .
Sincerely,
Kathleen Bradley Colwell
Town Planner
THE OMMONWE LTH OF MASS HUSETT5
MASSACHUSErTS HOUSING FINANCE5 AGENCY
50 MILK STREET
CS
JOH
N S. MARINI
Chaiman
= i _ O -
� � , 1993 ,
ELFIANOR G. VNq4ITE.
M . ca m e s P . Gordon
wn- Manager
Town of -North Andover
12 0 Ma_-n
North Andover,, MA 01845
Dear Mr . Gordon ;
The g this 1�t"L- er is to info- you of the 101-1471A
Board ' s December decis=ion to approveSutton Pond located in INTorth
Allover for 19 units which represents million in ff1 a 1 g
under the Accuisition Set-Aside Program .
The ASAP urogrami is a nitiative o and EOCDz which is
sg to take advantage of the tnt nor affordable
, gip die to the d o, the real estate inarket and is
.intended to help stirnkilate the econont
by accessing units that are
g slowly . ASAP provides developers cf these tls With a
guararitee r, v interest rate financing ro attract farzt -- '
J. return for price redl ions on the units .
The ASAP program does not rely on any Mate subsidies . The
funds a raised th the sale of tax-exempt Mortgage Revenue
n wit-411 redticed mortgage interest, rat rough the A
Program, first-time buyers will be eligible for fina
Sutton Pond is s 1860 unit Condominium deve-opment formerly
owned by RECOLILYlanag t . ASAP financ.Lng will s ell tsell-
out the competed homes , priced at $79 , 000 t 1 , 00 .
These looms Prices combined, wIl-hASAP financing
affordable homeownership possible for individuals and familyes who
we I-e never before eligible to owna piece olf the "'American, a ll
The ASAP program to date, has provided financing for 238 un i t
thTo-tighout the Commonwealth , representing a commitment of over $108
million in reduced interest rate financing for first-tine
homehvyeT s .
FA is pleased to he able to provide this program in re8pons e
to current real estate market conditions . We hope that the ASAP
program will continue to grow and absorb more of the over built
housing stock , translating it into additional affQ�Aable
homeownership opportunities .
I have enclosed a brochure describing the ASAP program for
your reference, I hope this information is helpful . If you have
any questions , please contact Colleen Duffy of my staff at 451- 480
extension 384 .
sincerely,
Thomas Gleason
Director
Single Family Division
Enclosure
AcQuISITION
SET-ASIDE
PROGRAM
FoR REQ OR SLOW MOVING f you tare a lender, builder, =ket€rg Eligible Properfies
agent, developer or fedend re ilawr who Duvelopments which qua for ASAP
RESIDEATIAt Dmtopmws foredo d or Mow movim resideitiWd financing include afl of tfte foffm :
developments or a prospective flnl - t`rrue home-
br.��r,you t put die "A ����vanfa�a" rue�vly�or}struc�dF �.te-faia�v dettorlred
w���lC for you. and
duplex-es, fee-Ample to+�+iiur���s��s
and condornirduim
Advan ges & Requirements bwk foreclosures
Throujr r the ASAP pr nm, property Ale)13 developments with fewer U-n t 101 hwestor-
ean secure AgUA ftmc — at very attractive ovmed units
rates— to make their uniL5 more ituuketable Newly-ccuisUuc:ted or converted Ur its wideh
and jump-start salmi, Rmt-Lbite buyers under are being rented, temporarAy, wMe buyers
ASAP bent from oi'dably priced horn s, are beirg suuglA.
fIX ed, Jaw-rate NH-TA rt e� and flemble
u denvri� criteria which reduce up-frorit
Ail of �AAA Mts must c�� ,u� �t l�a��.
7OG
FOR a �a�� make it easier to buy. sgr�are feet of iivr space and arse hedrorr3�3
'�`#le foilowir� c.�rart s�t�nes theandiaxust fall wi#�ri>:t the pro�guru Price gtkid�-
adv�a>I�tes and requirements of the ASAP pro- iiFue�rxcxt�d page �.
r grarn far bahsoil�.1ra andC-tines i�orr�ebuyors. ALAI'� ��ec'i�� t�-r'��C��# to ��;�-or
slow motif developments that provide more
Uiwi 4 wujts, Asp48Wm fox iiidlviduzd, s ttem-€i
site REO prop es is available through NUIFA
REO f'r� -am,
J
AnVA TAGES REQUIRIMENTS
Lenders, Dovelap m, ■f v ci)sL fin, � Erg�a�'er�� �► w[hvn or be rawkeUng-a
fketit A ts, mar3c (ir hiccrtC w ve lapment d,h m�*r.is
$F131f�ei F li €Eft p�'pprt '1 thohi ty:Md
` whwh,.vfll create a larger pool of sales pry guidelincS
appRewits and properties a Complete an ASAF
■lw-remed i-aarketabffiW whiol t will applicabou
mstflt in a gnicker sei3 f.
:a ii1exible,undenwiting requiur ments
for oondonurtlums
3s Sietuple, cost-effective Application process
l lmtime ■ K.Gw interest rate rrtort -P Lvhi,eh resubg ■)t mt,-Lime how buyer
Homebuyers in lower moral-dy jmyi ne Ls
■1,mv, downpayme nL uir'ek'ent Meet irtcarrte gLli eiisaes
(halo of which can be a gift or gam) €
... ..1
w l wnpayni t and closing cost& twice
L
for qualiffed buyers
■Fk to widerwritft cilte is widuh
A SIRYla a FIdE EYEC[TwE rttakes it easier for firs�-tkne buyera to
OFFia OF OmAtil ITI!s ANO quRW includ ft 301A.66% ratios
Otyl miNT duJ *mT'c ■Mortgage ki2wnance apaors, imporuutt fir
HagsI.NG hNdw kw huyem in king lotiv dDwnp omen s
■Modem, teEy-prir_ed l nukes
i
M
Eligible Nemebuyers Income/Sales price Guidelines
Tb quAfy for ASAP rnoftMes, borrowers As pert of a hrger effort to&ssist in dre states
must be cz-editwnrthy, first-Ume bikym who econanm recovery =d gwm the enormous
meet program 11tco= guideKues. Once appfi- volume of=43old properues which nped to be
cants have an ASAP umt under eer nt, r etwiled to pj�oductive imp, the income and
0 iey wig be referred by the seller to the ezdes price guldeEnes for ASAP I Lave been
mortgage leader ba dLrig Mt#FA fin-maing dianged w1kh mexis more prospective huyem
wider the ASS program- wiU he eligible to tie achmU gc of t#tks. oppor-
..__........ - ttwity. Th,eze new ide eR are an Follows:
How To APPLY �
Applk:aEans from leMers, buiWelsj,
i�mol���� g epmr fivelopors flfiLk ���Y.!rI F��� (osT � INCOME L.1 ��
fegulotots for.0 set-as�lfe Of ASAP
fmorKiag are awpted m an en- 1-avM8�jj-ns .
going basis. br an cippWon form WITHIN AREA OR
and car p[A progirm gvWeNnes.,
interested "rtaes cfln (err t: AmEsoRo AU $46,000 57'000 LGLE FAW[Y Nrw S143,000
MHFA"s Office -of Single MAR Aizu _ Sma FmLlr Tm S11 TrOQO
Fomily Programs , RIDa, $50,000 5Tr 0 SCE rkuy fu $145,000
50 Wk 51reet MMEFT ARD (MEE5K [VIRMr F, r ExjoHG $161,000
Boston MA 02109 LYww, SWR'1€Ef
Tel. (617) 42-2766 AtL 01HO $50,9W SSIADO
PfowffW buyers curs use fat w Co uwrrEs S, Fx�LLY Usr 1:32,000
sarne flu-tuber to obtain €�ddktf& n� � l�w�ENcOkwun LAwR E $47,000 $54,00 SNP Wulf luw $160,000
codes of this brachux us well as MAREfT ARU 91W F r Fruwhri $146,00
a 11slin of c rier}# ASAP UelLli]- CIE N I-ER '-- 4?,000 540 Siw Fjurr ffEw SIAM
.._.
0s iind Ilteir rNiketang Cgerkts. Co €LNI ES Sitar fma -an $119,040
1 LmIt $UrM $57,000 SXLE RWLT NEW Sla),UW
MARS AREA 6L FwLY[fin r�Of
SAWGLQUIM5 Ali $50,000 $57r000 5i FA&V Nei $13100
NiAw ARC, Simi FAA-cr FuSllt4 $111,000
_ SPRIXGF1EW AIL S460000 S52,000 %a Fivy NEw,v,�_,.— 13000._..
WHET A9EA My EffnHG S1110
FAil ROER FAR RIWER $46,006„, $52.000 SmLE FAwLY NEW S143,0w
WESTW �m Fir bisiiNG I f 4,000
3, Bm' wct of SWE TWWAw W,000 Saw FAmv HEW $145,000
(ounrias F+NLY bnw 1:11,000
OPPORTUNtTV f Ql 3
LEQI+FARD KOPEW&A-N i OFEL AN AND PAIGE• P,C, KAREN v. 2GELLY
OF130PA R A.. ELLASON
o-DNALib G- PAt4
ELUXE L-01 A. I-ARE ATTORNEYS AT LAW J E�NE�E S. I�� U-rL R
J:OYGt FRANK
JOBN W. GEORGtO 1.01 ARCH STREET ANN-E-HARIE m. HYLM40
!RECIAARO 430WIEU
OARSARA J. SAVNT ANOR£
,�OE� a. ahkD Ri�STi��1_ MASSAi�1"1415EYYS 024f0-i1S'T C}#ERYL A?,IN eA[+4Y,8
AV113 J. D-DWESKI
!FVERETT J'. 2+ARPER BOSTON OFFICE
BRIAN W 7iFLEY
.... If3F75'95S -4"V7 2{IMElEFILY A. H4I-t,[DAV
JOSEPH L TO= AN. JR rAg C6271 9g5-2731
WiLtlAM *aEwIG Ill
kIAE�Y L. 6F EiG[4
7 HEi•1E4A M. OUWDY F10RTFRAMP3UH UPP;CE c KATHLEEN 8. e0NhR0LVy
PATRI:CK J COSTELL'O 1443) 5EI5-UMU2 JOHN G. GANHO"
1VDR-UC$TEF? 13FFICE
r'S4U1 'f$�'�2U3
VIA..._ IMTLE 1-50.:0- 82-2996
Planning Hoard
North Andover Town Hail
120 Main Street
North Andover, MA 01845
Rea. osqQod Mill/BrickstQna Access Drive
Dear Members of the Planning Board:
You have requested an opinion regarding a possible
relocation of the existing driveway on the Brickstone property.
The driveway provides access to High Street for both the
Brickstone complex and the Osgood Mild. coTnple . The relocation
would move this access road so that it would enter High Street a
short distance from its present location, remaining entirely
within the 1-S zoning district . SpeCifi��ll you asked what. , if
any, procedures oust be followed to approve a now location of
this Brickstone Dsgood Mill access driveway. Brickstone has an
approved site plan and Osgood Mill has a Planned Development
District (POD) special permit and, site plan approval .
As explained below, it is my opinion that with respect to
Osgood Mill : 1) a new access road could be permitted under are
amendment to the existing s pec i a 1 permit ; and/or ) if the
Planning Board interprets §8 . 3 6 of the Zoning Bylaw ( "Revisions
to Approved Site Plan" ) as applicable to PDD projects, the Town
Planner may review and, if appropriate , approve t o proposed new
access road location. With respect to BiUc stcnes such a change
may he node pursuant to Town Planner review under §8 . 36 .
On December 22 , 1992 , the Planning Board approved a Planned
Development District ( PDD) Special permit for Osgood Mill . The
permit was granted pursuant to Section 11 (planned Development
District) of the Town# s Zoning Bylaw. Tinder this decision, the
R Planning Hoard approved an application seeking "a new Special
Permit, as well as definitive site plan approval . "
!=ifidh#s£a7 ON R€CYC4 F:0 PAPER
WKOPELMAN AND PAGE, P.C.
Planning Board
L7une 21 , 1993
Page two
The Planning Board* s approval imposed several conditions ,
includinU the following;
4 . The property owners shall use the "proposed right of way" as
shown on the Plans titled: Site Layout Bate Issued: Nov.
13 , 1992 , Revisions: Nov . 30 , 1992 , Prepared By: Henry
Schadler dissociates, 5 Waterville Rd, Farmington, CT 06032
(hereinafter "Plan") for ingress and egress to the site .
The Property owner shall continue to use this right of way
as it -may be modified over the Bric stone property, so-
called, in the future to access directly the Sutton Street
connector, once it is constructed.
The proposed "right of way" referred to in condition 4 is the one
which the Osgood Hill cozplex has been using.
I understand that it was the Planning Board' s intent, as
well as the intent of Osgood Mill and . Brickstcne, that condition
4 would give Osgood Mill the flexibility to relocate the driveway
anywhere within the Eric stone property. It is my opinion,
however, that the wording of condition 4 quoted above does not
clearly allow for complete flexibility in changing roadway
locations. one option for -making the proposed change and to
erase any doubt as to the scope of condition 4 is for the owner
to request a modification to the special permit so as to
explicitly describe the proposed new location.
The other avenue for approving a different driveway location
is by approval of the Town Planner under Section 8 . 36 of the
Zoning Bylaw, provided however that the Planning Board first
determines that the process described in § 8 . 36 is available to
PDD projects . In my opinion, this would be an appropriate
interpretation of the Zoning Bylaw, but it is for the planning
Board to decide if this is the proper interpretation.
Under section 11 of the Zoning Bylaw, PDD projects must
submit a "definitive plan. " Section 11 . 3 . 3 in particular states ,
"The application for a Special Permit and Site Plan Review shall
be accompanied by the original copy of the definitive plan. . . . ,
Consistent with thisr the Planning Board' s December 22 , 199
approval letter contains several references to Osgood Kill 's
special permit and site plan approval . As a result of this
language , the site plan review for PDD applications is conducted
under Section 11 and PDD applicants do not apply for separate
site plan approval under Section 8 . 3 , the "Site PlanReview"
section of the bylaw.
r
KOPELMAN ANO PAIGE. P.C.
Planning Board
June 21 , 1993
Page three
Section -B . 36 ,, "Revisian;E5 to Approved Site Plan, " sets cut a
procedure whereby the Town Planner may approve certain limited
changes to are approved site plan . one of the changes eligible
for approval is, " . a change of egress and ingress . . . . Ir
Section 8 . 36 begins as follows : "Any revisions to a
development that has secured site plea approval shall be
submitted to the Town Planner for review- " The question is
whether a site plan approval decided under the PDD process of
section 11 is eligible for the informal revision process
described ill § 8 . 3 6 . his stated above , it is ny opinion that the
Planning Board has the discretion to decide this question .
Pursuant to a site plan approval application of the North
Andover Mills Realty , the Planning Board approved, on January 2 ,
1992 a site plea for the Brickstone properties ( "Proposed Site
Plan , " dated Dece e r 2 , 1991 prepared for Br i ckst or a Properties
by Richard P. Kaminski & Associates Inc . )
Under section B . 36 , discussed above ( "Revisions to Approved
Site Planll � a driveway/roadway (ingress egress) change by
Eric stone could be approved by the 'down Planner and would not
need any further review by the Planning Board.
Do not hesitate to contact me if you have further questions
in this regard.
very truly yours ,
3ib B. Bard
JEB bb
cc ; Board of Selectmen
Town Manager
ELM MILL, REALTY TRUST
200 North Main Street
East Longmeadow, MA 0102B
1 5,25-4585
September 7
Karen H.P . Nelson
planning & Community Development
Town of North Andover
120 MainStreet
North Andover,, MA 0,1845
REFERENCE : S "` TON POND
NORTH ANDOVER,,
Dear Karen:
At the Planning Bard hearing on September 1F 1993 , we expressed
our desire to create two residential living units within the
two-story stone maintenance building at SUTTON Pond . As I
explained to the Planning Board,, while our Special Permit shows
188 unit , our Sutton Pond development currently consists of 16
units ( since two units were eliminated when the residents ' club
and fitness area were added to the development ) .
We had at one time envisioned converting this Mona maintenance
building into a restaurant facility . However, we feel that the
creation of additional living units would be more beneficial to
this reisidential condominium development .
The Special Permit provides that "Any change in use the stone
maintenance building from maintenance to another use is subject
to the review of the Planning Bad . "
Since the number of units is not being increased from the SpeQial
Permit, -it appears that no public hearing is necessary and the
Planning Board would like to havethe Planning and Community
Development staff review this use Please orilt With 'nick
Accompanying are preliminary plans for your review . our intent
is to finalize same and apply for a separa building permit . I
look forward to your response .
I f you have any questions car problems concerning this matter,
please feel free t contact me .
Very truly yours ,
ELM MILL REALTY TRUST;
Ern, t
. Grebe ,, III
servce core
200 north mc)ir7 s1. erjsr lorigmeadcr, ma. Oi02-9 413-5 5-�3ad JF ) 4113'S23'03.3
September 10 , 1993
'Karen H . P . Nelson
Town of North Andover
120 Main Street
North Andover, MA 01845
REFERENCE : NORTH}�yADOVE R STATES S�iTTON POND
NO . ANiJtiJy�yVER.0 MASS . No . ANDOVERr UASS .
Dear Karen :
Pursuant to my discussions with Kathleen aradley on Tuesday ,
August 31 , 1993 , I would like to discuss the following matters
with the Board at the Brickstone property special meeting
scheduled for Wednesday, September 15 , 1993 at 7 : 00 P . M . 4-
SUTTOPOND :
1 , Hopeful re$olutien of right-of-way issue .
. Dlscur;ision of proposed conversion of free-standing
stone maintenance k�u i ld incj to two ( ) residential
laving units . It should be noted that our Special
Permit provides for 188 units , and we are currently
building 186 -Qnits .
NORTH ANDOVE R E STATE S
1 . Release from covenants for hot #33 .
I understand that Bill Hmurc iak has forwarded a
letter to you supporting this request .
If you have any questions or problems concerning this ratter ,
please feel f me to contact me .
Very traly yours ,
M,+ l SERVICE CORP .
Er'iest A . Gralia , III
President
car
Len
i "t e �1 L,-,-`
g i 1460
c. ,: sue a NI 0 91 a.� [4 CA€9;��� P � .`'
January 14 , 1993
M . George Perna
ChairmanPlanning Board
Town of North Andover
120 Main Street
North Andover
Easement Relocation at North Andover Mills
Dear George :
As I have said many times to you and to Paul Hedstrom, we
stand ready to cooperate with the relocation of the easement and
the execution of the new easem- ent agreement soon as we receive
the final easement and a draft of the new eases end agreement , we
will promptly review them and: respond and send them to the other
necessary parties ( our joint venture partner , ten-ants and lenders)
for their review and: approval . We will make sure that those
parties understand: the importance of a prompt and cooperative
response .
We look forward to receiving these documents at your earliest
convenience .
Sincerely,
$President
} Xaren Nelson , Director of Panning and Cnmy Development
John Noun
Ernest Grebe
Paul Hedstrom, Esquire
NORTH ANDOVER FIRE DEPARTMENT
124 Main n Street
North Andover, Mass. 01845
ILLIA l V. DOLAk
Ghw of DeperTmert Tel. (508) 8 y 81
E . A. Gralia
BI-RI Mil 1, Realty Trust.
200 North Main St .
East Longmeadow , MA Q 3_Q 2 9
Dece-mber 9 r 1992
Mr . Gral is r
I am in receipt of o�jr f�-jx of December 8 r which was i r) rQ ap nso t
the information you requested of 3qe concerning the s(good Milts .
In writing my response to your request for inforimation , I made a
censcious> effort to specify the cede regg.jKements that are needled in
the building for the safety of the occupants .
Any work per fo-rmeal by persons iiceii�;ed by the state to perfiDrTR
F pr nk l er_ work or who are fire. alarm instal ler:; or who perform any
work which is affected by the Mass . Statue Building Code 780 CMRr the
Maya . Fire Prevention Requlations 527 CNR or Chapter ). 48 Fiore
Prevention , -m-o st perform the work in accordance with the statutes and
requlatioT�e in exiL-tense at the tire wh.!(--h the work is perfor-med .
Your r8pl ies indicate an u-nwi l l i ngness to comply with these
regulations and statutes . Maybe l have ni,,3 inter- reted the overall
tone and intent of your letter .
This department is willing to work with you on this project but it
will be dalle cc;o�_d i,ng to accepted standards , regulations and codes in
exi,stepce at the time in which the wox7k is done . Nothing at the Mill.
was ever accept d by this department as the work was nearer completed.
Whether your company or some one else does the work is not a
c,onsideration of this dopar'tinent . Our consideration is that it be
done according to the above mere tionod standards , and that the work
provide life si-I f. ety of th-e future r e.s .dents of, North Andover ,, long
after you have departed .
William V . Dolan
`ire Chief
cc ,,/K. Bradley , Town Plannor
G . Perna , Chair Planning Brd -
K. P . Nelson l)ir . Comm . Devlopnent
R _ N icett.a r Building Inspector
"S'MOKE DETECTORS SAVE LIVES '
ELM WLI, REALTY TRUST
00 forth M-4f0 Stet
EaBt Longmeadow, A(A 01028
(41 ) 525—46R45
December 8, 1992
Mr. C-eorge Perna, Chairperson
Planning Board
Town of North Andover
120 Main Street
North Andover, CIA 01846
kF.F9RENCE, SUTTON POND (AIXIA OSGOOD MILL)
_166 ELM STREET
NORTH ANDOV Ri. MAst5ACjjUSET7,S
Dear Mr. Perna:
JR response to the latter dated December 1, 1 !)!9 from the Dlvlslon of PtahH e
Wcrk,s to the plannIng Board with respect to the above--captioned develop[rtent,
please be advised of the following:
1 . item No, I : The site Plan shows our plan for adequate vehicular and
pedestrian access to Maim Street and 111911 Street. A recent traffic study was
provided to the Planning Board Jn connectlen w1 th the addition to the Briekstone
property. The relocated right,—of—gray approved by the Planning Board Ia an
Integral part of til-e plan, Pursuant to yesterday's meeting with Marty spagat,
Paul 11edstroin, John Nolan, Karen Nelson and Kathleen Bradley, I understand
that you have instructed Mr. Spagat to record a riew easement conaistelit with
Your Vtior approval. The proposed access to Sutton Street Is entirely outside of
this property and outside of our tontrial and is riot a proper condition for this
reperinittling.
. Item No. 2: We have rot Yet seen an as—huRt site plan toil the North
Andovor Dille property. If the water main has been installed contiguous to the
Sutton Pond ,property ou the right—of—way., then we will connect the water main.
Pleaso provide us with the gertinerit Information as aooD as possible_ Also, we
hoed flIrther clarification erg the second part of atom #2 relative to abatrdoning
all unilr►ed On -site water malts to be used for domes tie purposes.
r
�I. Item Nos. 3 and 4, It is our understanding that, this work was
lea-stalled In aceerdanee with the approved glans and applicable permits. We
av,sllme that the applicable DF-P approvals were prevlously attained prior to
-installation and connection.
Item No. 4 Indicates that t1le existing pjampirftg station alolIg
-Oclliohewic,k brook should be redesigned to reflect future slte use. it should be
noted that tills plImp station will he dernelfi3hed and a tennis court constructed
iia 1 Ls place. Given the proposed demolition of this pump statlon, Slut intends to
lzlstsll an individual grinder—oJector pump for the thre-e---story office building
which will more than 11kely pump to the lift: station at the -courtyard Weatlon.
Town of North Andover Planning Board
December 8, 1992
Page
4. Item No. 5; Accompanying is an a0 -built drawing prepared b 'Thomas
E. grieve Associates, Inc. 01m w}ll provide ao—built drawings relative to the
completion. of reinalning work only.
It you have any qu-estioaa -Coneerning the above' please feel free to contact roe.
Very truly yours}
ELMIACILI, iqA TY TRUST
Erfi—as A. Grail a, III
car
Fncloaure
cc. If. William ltmurclak
John J. Nolan
E LM MILL REALTY TRUST
00 North Mall, Street
F.R.6-t Longmeadow, MA 01028
(413) 526`4 85
December 8, 1992
William V. Dolan.
Fire Chief
Forth Andover Fire Department
Central Dire Headquarters
124 gain Street
North Andover, MA 01845
REFERENCE., SU ''0JV POND WKIA OS GOOD MLLL)
166 Elm Street
JVorth Andover. Massachusetts
Dear Chief Dolan:
e are In racclpt of your letter dated November 19, 1992 to the Planning Board
cerxcornlrtg the above--captloned development and have the following comriftents:
I . Page 3, Item b:
69: Flm Mill Realty Trust. ("Film") does riot Intend to reconstruct the
second lower cement bridge. Although there 1s no access around the entire
three—story office huflding, the bullding Ja Billy sprInklered wJth a central fire
alarra system. Further, Elm may be gifting thlo office building to the Town of
North Andover irr the future. Additionally, given the constraints of this site.
Glm intends to construct a tennis court and/or other amenities near this bridge
location.
In aleu of reconstr'uctigg this bridge, you are requesting that the
bridge be certified as to its load capacity, ' This bridge is intended for
pedestriari use only and, consegijently. Elrfl does pet intend to perform load
testing and certifications.
Gb: It is ray undergtariding that all water Fnaln and related stork indicated
on the Anderson Nichols plans (which were provlotrsly approved by the
raspective Town departments and which the building permit was lssued on the
basis of) has been completed.
.6d: These requirements are acceptable to us provided that they are
consistent with the Anderson Nichols plans' and' the work which was pri vleusly
perforated. Ve assume such plans and work meet these requirements.
6d( ): Year Letter indicates that Lh-e connection for sprizikler systems
protecting the units and adjacent halls is to be corrected by the removal of the
separate sprinkler shut—offs. The springier systems design wets previously
approved by the respective Town departments and th-e sprinkler syatem work
within the units is all but completed.
4
North Andover Fire Depart3mont
December g, 1992
Page
beyond that, due to Inconsistent p1jimbilig aad/or piping. many of
the domestic water shut—offs are after the sprinkler tap. Therefore, there
would be no way to shut off the line within the 11ni t wlthoilt ShUtUng off the
main for the entire biillding In the evert that problems occur with the piping or
valve work at a particular U111tr. Additionally, the removal of the separate
aprinkler shut-offs would be cost prohibitive. As an alternative to removing
the separate shut—offs, we are willing to remove all of the handles from the
valves to deter the oecupa�its from alluttilig off the sprinkler system wititln
their units,
Sd(3): You have requested that a water flow switch he Installed in the
sprinkler PIPIng which shall activate are audio--viauat alarm outside the unit
being protected. Water flow switches were not required under the orlgina)
(approved) design and no flog switcbes have boon Installed, The cost of the
flow switches is some 76 to 100 p1119 lnstaHation. however, the wlrlttg of
those flow switches is lneancelvabla given that the buildi-igs have already beeii
.cons ructed and substantially -completed.
Sf. These requirements are acceptable to us provided that they are
c011518teht -with the AndersonNichol-9 plans , acid the work which was previously
performed. We assume such plans and work meet these requirements,
Sg, This matter requires further Investigation by Flm.
It should he rioted that i im intends to use the field stone building
for .maintenance and storage purposes. However, this hullding w111 be cleaned
artd 10ft vacant In U1.0 event that a substaintiat amount of work tnust be done to
the building to maintain a sprinkler system. We assume that no sprinkler work
would be re-quired if the building Is left vacant.
6. 'brie requiremento are acceptable to its provided that they are
Consistent with the Anderson Nichols plans and the work which eras prevloui3ly
performed. We assume such plans and work meet those requirements,
.If I can .be of anY further assistance, -Please feel free to -contact rye.
Very truly yourE;,
ELM LTY TRUST
(Arnls� "CGyrtallina, I1I
car
CG: Ll eiltenant Kerinetb Long
George Perna, Chairperson — Town of North Andover Pjannirig Dept.
John J. Nolan
91-M MILL REALTY 7'J UST
200 Xorth Main Street
East Longmeadow, MA 01029
(413) 5 5—4585
December 8, 1992
Mr. George Perna, Chairpersarx
Planning Heard
Town of North Andover
120 Main Street
Forth Andover, MA 01846
REir,ERNE.- VfFFM hf POND W)VA OSGOOD MILL)
166 KI M STREET
NORTH A NDO VER, MA A V11u5x TTS
[)ear Mr. -Perna-,
The following if; our response to questions and/or 18siaes raised at last week's
hearing with respect to Sutton Fend:
1 . The three—st-ory 0Mce building, If gifted to the Town, would be
conveyed to the Town In an as--is cord lti-orr with no representations or
wrxrrantles made by Ehn as to the phyal ca) condition of the bill 1 dirty;. Prl or to
any gifting, to the Town, ]elm will perform '*M Interior and exterior painting,
recarpeting thr*oilghout the buildlrn g, completion of the restroams at the first
floor, and furnishing and installation of a sewer ejector pump for sewer
. As requested, accompanying are eight (13) copies of a landscape plan
for Sutton Pond. A sabstanUal portion, of iandscape work, plantinga, parkiYig,
and improvernonts denoted on the acearnpanyi rig plan were comploted by the
previous developer. Elm will compl-ete any remaining site and related work at
the development.
3. In regard to the Planning hoard's request, for speciflc Information with
respect to the size of the Sutton Fond panel, at [not week's public hearing elm
dellverv.d to Ule Planning Board' a recent certified site a-Q3rvey prepared by
Thomais r, Neve Associates, Ine. wlxlch denotes the area of tlx-e property (i.e.
673,593 square feet or 13.17 acres).
41 Elm Is eeeking the Town's cooperation in working with the owrner of
the adjacerit prick8t,one property to estabil-gh and record a new 3 t right of way
_ within the time frame of th-e approval 'pros-ess for U tton Pond, particularly since
It is ElTn's understanding, that the creation of this 82* right—of—way was a
ccYrdl t[on of the Town's site plan review with respect to construction of a
90,000 square fool; addition to Brlrkstone Place, I understand that ,you have
now required Mr. Spagat to record the right—of—way eagem-ent.
Town of North Aindover Planning Board
Page
S. The Town haR expressed a desire to build a Staff#ors Street connector
road adJacent and parallel to the Sutton Perzd property. While we are willing to
cooperate with the Town, we recognize that the creation of this connector road
will involve consIderahle plan-ning. Consequently, we would suggest that the
creation of this connector road be considered to be ari lssui� separate from the
approval of the Sutton Pond development'. "It Ahould be Troted that orxce the '3 '
right—of—way it established and recordiod, At can be tnodifled p collneetcd to and
coordinated with the future connector road,
6. The FlannIng Board has l ji-quired about vehi c-ul ar and pedestrian
traffic, Sutton Pond is private property and the do not wart to encourage
pedestrians tO cut across the property In order to access adjoining prupertles
aiRdlor streets. Cori-s-equently, no sidewalks will he provided. Further, once
Sutton fond ijs eccupled, we W111 roview and evaluate the v-ehicular traffic:
sltuatlon, If we discover that considerable 'vehicular traffic is using Sutton
Pond as a ciit,through between MaIn and Elm Streets, then we will considor
taking appropriate measures at that time to 'Orevont unwanted Vehicular traffic.
7. Al-not as per your IngWry, there will be two ( ) visitor access
locatlorks--one at tile exiotIng mill bulldinga and one to service thio new
constrnctlon, Boer locationn will have secured entries with surveillance cameras
and -elactronic Intercoma.
8. The following is a list of proposed additional amenities. for Sutton
Pond;
�.-. a. Addi tlon of one 0 } -now elevator_
b. New, More -attractive or dramatic entries throughout the
development. There will be two twain entrances--one at
Osl;ood house -arid the other between titre Stevens aiRd
Bradstreet (louses at the new constructlon.
C. Ind)vldual resident storage cuhlcles.
d. Pltness/aearobics area to be located at the first floor of
the Abbot House within titre approximately 5,000 square foot
area.
e, Gumrannity Roca/gathering area wli.h reaMential k1tchan
fa.cllit-Y t-o be located at 'the first floor of the Abbot
Hou-so within the approximately 6,000 square foot area.
f. Reslderkt service area located aff the lobby (i.e. possible
laundry drop—off and pickup. copy machlne, fax machine,
vending, etc.)
since the Intended use of the property is resldentlal. the proposed
arnaiiltles would be for the stele use and benefit of the residents and would not
be open to the public,
Town of North Andover Pla nnIng board
December 8, 1992
Page 3
9. CoinstmictionSchedule: Elm Intends to complete the remaining worm at
the development on a per building basis as soon as p0661hle after praperfy
acgil i-nitian. Elm envisions that construction will take some p months Frith an
outside date of 12 montits, and that some units could be available for occupan-ey
as soon as three months from caristracti on start. Th a actual constrcactior,
sc hedula, however, will be a f nictlan of lander requlr'emepts.
Further, depending on market conditlons and considerations,. E;irft
intend 3 to fallow the sequence of Construction established by the previoua
developer (l.o. starting with new contitruction at Poster Building, moving around
the horsoghoe toward the exWing buiidinga, and ending with the Abbot ) ouse).
we, are in receipt of the letter dated November 19, 1 .992 from the North Andover
Fire Depa,rLment and the letter dated De'ce mbcr 1, 19102 frorrc the 'town of North
Andover Division of Public Yorks. We have subraitt-ad separate letters
xasponding to these conrarns.
If y011 have any further questlnns, please feel. free to contact iue.
Very rul yours,
M REALTY
fr ties t A. Gral ia, U1
ear
�nclsst�re$
cc: John J, Nolan