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Home My WebLink About2006-07-10 Discussion Materials FORAM A APPLICATION FOR APPROVA1.NOT HEQl]IRED 11. TE1 6114/06 (Staonl) tWn (2) fcrMs U'ilh tIle TOW11 C:1CFL Pile one (1) I6nn with the Town (;Iel'k sold one (1) form xwilh the f'lamting l3ra�'d,} TG the Planning 13u�ird: 'I'iie mkdersigEicd, buh.uving (bat the ac ompanying plan of property ill tl a Town of Nurlh Andover, Massachusetts, does not constitute a subdivision within the me4m)ing of the -s0dtvisintt C'.ottlroi Law,hermilh sulimits said pion for a Bete€inimiliun and undorsemcilt that tile,Han nitt g Itoi-ird al)isrevaJ under llte Subdivision Contml Law is nfit rcquired. 1. NanieufApplicant=-.The .Trust....±.or.-Rub-lic -Land (T21 .....-.- - 33 UTiiort Street, 4t h Floor Boston, MA 02108 Address- 2. Local ion and DVS 041Aiuol Of Pr'ojserly IhNIuiie Assessor's Ai ap and LA t and ZonimgDistrIfit(s)j; 605 Osgood St. ; 1:4.08 acres Assess-or's Map 35, Lot 32 ZofliTlg...!} ;tr.ict: R- ..................... - --...-..... 10212 253 3- Deed Reference: Book . _, Page or Certifirate of'€titic; 4. Naine of SuiweYor= Merri-viack Engi-neeri;Eg Spa rvi.ces As3rlress:_ { F'3ric..Street Andover.i MA O1810 ............................... �7sigilBture of Owners}:... Addmis_ 33 Union Street, 4t Bost , 0210B Please IPIdfcatc 113C grollU(Is (Cfl11or A,E,E:or D, not a vorn ination) on ,Ylkich you beheve your, plan 3r10i to be �Rlal}divisfo�3. A, Each lat on the phin meets fine of the follomiug criteria: €, Hw;the f olltugr'lnt area,aeld Iotwidth rewired 13314er CfteLonhig By-Iaw on.- a) 7pubiIc way,or b) a way WA6 the Town Clerk ceriifics is mailtlained&.fused as a pubfic way,or c) a way shuwiu on a plats approved and endnrsed by the I'1a1131ii1g BOo-Vd Wuafer tllc Subdivhsion Contunl Law,rccurded in Plan l3nak_ Plan ,tit Plan u12724 d) a way in existence before the adoption of the Subdivis3un Control Law by the Tomal alld which the Board fields adcquatE for the ik'ay's proposed use,or e) away shnxvn nn a plain of sabdivisiotk rerof(led At the Registry ofDccds or the l.aild C'nurt prior to the adoption of the Subdivision C'o3itrof Law. la. Ericlu l•.pt 3tias bee31 etearly J118rk0d o31411e PIA IL to lay eif leer: a) jnined to and made part of Ark,'3[ijacent lot_or h) labeled`Tot A ?aka€IdiE3g liot", C. Ru'lt lot au the pall eolllaills a building which existed prior to the adoption of #Ise Subdivisiun Contuwyl NOW, D. The plait sluo%vq all (Msthig parcel wills ao ikew lui division(s) and lens frnntage on a way dewribed above. Ruucivud: Town of NG11h Andtiver'I'm Sul €.',leak(date stllnip): Signatuim of Town Offtcial receiving this aplAica lom i No icLt €o APPL CAIvT'f'fFOWN CLERK ofaution cif PI.inning Board on accumpanying plan: I, 'ate; North Andiwer Planning Board has determined Char said plan does nai require approval Windex: the pbalivision Control I.ak%r,and the approprime endorseniem has bean made,upon the saute_ 2. The Norih Aruicivtr Planning Board has de€eriiiined that said plan shows a subdivinion,as defined by C.L. c. 41. s_ 81-L and reteisi nccrefot,be re-sttbni tied to it for approval under the Subd ivision Control Law. Very truly yours, North Andover Planning Brun] � By:..._.._. date= _......... .................. Town of North Andover Planning Board Lif"ormal "Mirintes" July 10, 2006 North Andover I-E li School, room 1 131 6,00 PM Members pr swit, Richard Natdella, Cliairman Richard Rower, acting Clerk Members absent: John Shnons, Vice Chairnian Alberto Angles ,lack Green Stab'present, Lincoln Daley, Town Planner Mary Ippolito, Recording Secretary Phase note, that because a quorum was not present the niecting was not called to order. The fol[owing iiiinutes are for itiiormationaJ purposes. Chairman Nardella was present and spoke with Lisa Fiore�Fox who was present on bel><t f'of her mother Margaret J. Fiore. The Fiore's presently Dave an article placed on the warrant to rezone their property at the Special 'Town Meeting of 7f t 0/0 , The subject oftlie meeting, was relative to the wording in a proposed covenant. Attorney Vita Manzi was also present and discassed the subject of the declaration ()f Protective covenants, conditions, and restrictions relative to Berry Strcet 'mist ti/dlt. Attorney Thomas TJrbcHs was also presctnt and spore of the statue of 1 - -L, 4194 and liow it reates to Section 5 of tiie covenant. ,Atty. Urbelis stated that the Planning BcrA should put the language of the covenant into the lanpage of Special Perrnft if and when a Special Permit is approvcd by the Planning Board. Tn particular section S. Duration. At 6 30 I'M the lnembers oft lie Board left the meeting in order to join the Special Town Meeting- Remote User mippolit @]Microsoft Word - narrativerevised.doc (E 7/0 l 10:42 AWN PruposaI for Add It Acfive Communit Fiore Propin-ty at 16 Berry Street, forth Andover, MA Forinerly known its the Andover hiding Acadenvy Our proposed Active Adull Community devOopmejit consists of 57 units in 2 and 3 unit buiIdings to bee located on the-site of the fon-ner Andover Riding Academy, 'Me property is ownvd by the Ben-y Street Trnst, a�-gj-et 17iore trustee, and crm fists of 28 acres of land, including 2 man-madc ponds. C'urrelifly the site has a large, house, two smaller liotises, and a seEies of barns, greenhouses and o€her- outbuildings on it. Ili 1rroposaI will retain the three houses, but rer„ove the Other buildings, to bti r-q)laccd with the proposed 57 units. 'Flic proposal will rct)uirt� re-zojling of the properly !'rom its cunreni zone of Village Rc sidenfial (VR), fo the Resiidcn ial 3 (l 3) zone. Where is an article addressing this yonin g changc on the E-Epcaniing .l�Ely 1 ,h Special Town Meeting wai-rant, `1-'he t�hange to R3 zoning would allow the Aollvt Adult use under Section 14 Independent Fklerl Tiousing 0f#lie North Andover Zoning Bylaw. I lic Fiore family has o neci this property river over 40 y ar,�, 1Vlemben of the fancily still live in aEid are active in the town. As such, fire fiamily has a very strojlg ijitcrest in developing, the Property in such a way as to maxirnizc their own value and still have the development he of significant hen0it the town. Upider cutTent zoning, development of si��gle-flinfly homes or units would lie, allowed on the site. Our pt-oposal is for 57 Ac ivc Adult units on the site. Active Adult is defined carder a Fie-deral statute called the Hoijsing for Older Pcr-sous Act cif" 1995 (HOPA), which conditions sales oI'the units to 13crsons 55 and older, This Active Adult cornmunity will return signiRcRiat property tax jnotrie<s to T ortl, Andover, while costing the t«wn very little in services. An Active Adult dv vclopmcjit will have r10 impact on the "'clxool system, and will have one fifth the traffic colint per 1111it of a single family development {1vi- data from National AsstxJation of Home BLI11der13), This dcvelopment will also have private mnintcnanee of roadway and site linprovcrnelits, private snow plowing. private trash removal, and very few other demands on expensive towii services. This project also fills a need in town by allowing "ejnpty nesters" to rnu vc to high quality, desirable housing in town �trktl maintain a comfortable, graaIity lifestyle free of the iiicre�Msiiig brurdens of singl(-,-lan,iIy home t)wn vy,,jh ip. The project proposed would create units that will sell in the range of $550,000 to 600,{}M With Nortli Andover's tax rate of$1 1,14 per thousand, lhis 57-uEmit project will I'dum appi-oximately $ 365,000 to the town each year, while requiring few services in reform The Active Adult projtec:t we are proposing is shown can a conceptual plan. Mmy of the details reoii�iM to be worked out, and upon completion of de%igii, will be reviewed with town boards including the Planning Bw rd through their normal site plan rcvicw process, 'i`he Board will look carclilly at landscaping and wi-eening, and will likely require a traffic study to undterstand the much szt3:,ller traffic impacts cif' an Active Adult COMmunity, The rezoning is ,jtm flit- first step ill an approval process that entails ngorous 1-ev€e,v by the town boards. All heai:ings are of course open to the public R)r review and conament, We Would very IIIuclI apreciatc your support R)r the re-zoning of u1jr property to R siclenhal 3 at the July 10 a pecial Town Meeting. T11ar& you for your cons idoration, '111e laiorc Family Narrative to Accompany Planning Board Submission e. Zoning Change Request .ore Property at .16 Berry Street, North Andover, M fermerly luiows as the Andover Riding Academy Property June 14, 2006 The attached conc ftal pions show a proposed Activc Adult community ol.'57 units in 2 and 3 unit buildings to be located on the site of the fernier Andover Riding Academy. The property is owned by the Berry Street Trust, Margret Fiore trustee, and consists cal 22 aeres of lard, including 2 nian-niadc ponds and ap aT-ea of wetlands. Currently the site hay a lei-ge house, two smaller houses, and a series of barns, greenhouses and other outbuildings on it. The proposal will retain the three houses, but remove the other buildings, to be replaced with the proposed 57 units. The proposal will require rezoning of the property from its current tonic of Village Residential (VIA), to the Residenrtial 3 (1 .3) z.onv, which Zoning clYangc is proposed for the upcoming July 1014 Special Town Meeting. 'File Fiore fancily has owned this property for over 40 years, Member, of the family still live in and are active in the town. As such, the family has a very strong interest it) deval opivg the property in such a way as to traxitnize their own value and still have the developintmt be of significant benefit the town. under current zoning, 13 single, family }conies would be allowed on the site, with each ]ot requiring a minimum of one acme of laird. However, this proposal is for 57 Active Adult uxiit on the site. Active Adult is defined under a Ft dWal statute called the Housing for Older Persons Act of 1995 (HOPA), which condition sales of the units to persons 55 acid older. AQtive Adult communities return significant tax monic,s to the town coffers, while costing the town nearly nothing for sea-vices. ,An ,Active Adult developrnmt has no eliildrim requiring schooIIi ig, hL'i one fifth the traffic count per unit cif a single family development {per data from I aticiial Association of Home Builders), and in this ca;e, will have private maintenanec of roadway and site improvcmcnts, private snow plowing, private trash Temoval, and very few other demands on expansive town services. These types of dr,velopmt-nk also fill a need in town by allowing "empty nesters" to move to high equality, desirable, hearing in town and maintain a coiaNtable', gUality lifestyle frcc of the inercasing burdens of single family home ownership. The builder Qho%erg for this project, Gillis Homes, hic. of Topsiteld, MA specializes in and is expert in High-end Active Adult nlevelopmcrnt, and has built many successful projects throughout Central and eastern lvfassachw ett% The prekicct proposed will cnefate units that wilI sell in the range of$550,000. to $600,000, With North Andovcr's tax rate of $11,14 per thousand, this 57-unit project will return approximately 365,000 to the towji's t;ofiers each year, while !'ecluiring little or no services in returlh Compare t1lis to a developmtmt of 13 single family homes selling for $1,200,000 to $l,300,{1W each, which will retum approximately $ 181,000 to the town in taxes, but which will require the educating of an average 2 children per house at a cost of$6,134 each, or a total cost of S 161,000. Tlhis leaves a net tax receipt of only$20,000 to pay for the roadway maintenance, snow plowing, and trash pi ckop each year. As is usually tlhe ease, it appears that in North An�kwer, the town likely loses money on single family housing. Active Adult !housing, !however, will provide sip flcaiht, nhw h needed nd tax revenue to the town. We intend to reqw--4 rezoning of the properly to allow for an Active Adult Community, and will be in atwndance at (he June 20 trisecting of the Planning Board to a,tk for your endorsement of the requested zoning ohange. Thank you for your consideration. The Fior•- Family DECLARATION OF PRC} muri.VE COVENANTS, , CONDITIONS, AND RESTRICTIONS This Declaration of Protective, Covenants, Conditions and Restrictions is made (lIix day of.......................... 2006, by Mai-garet J. Fiore, Trustee of the, berry Street Trust €>Jc1111 dated August 7, 1981 and i-ecordtxl with the orlh Esswx DisIdd Registry cif DeecN in Book 1524, Page 97, its successors and assigns therein collec€ively refemxl to as flit, "Di]e ]amrit")- W11EREAS, tbt�Decla ran I. i,, the owner nI-a certain pzwl,:el oHand Iocated on Routo 114 in Noll, Andover, Emsex County, Massachusctts shown as Tax Map 106D and 107B, Parcel 33 on North Arid over Assessor's Maps, containing 28 acres more or less, and belie; a portion of the sarric prcmises conveys cd to #be f]ecIar-aut key creed, c>ited , and reccmled with the Es*;cx N(w1h Distiicf Registry of Deeds at Book , Page _........... hereinafter refcrr d to as "the Property'; and WHEREAS, the Mclar-ant has subm tk-d an Ariicle to the Town O'North Andover Town Meeting to amend the /Onirig Of the fropen-ty from Village Residonfial District to R-3; and WHEREAS, in considcration of the Town of North Andover re-zoning the"Property" as stated above, the Declarant has agreed to limit the density cif a proposed "5 5 and Over" Re klen 110 CommUnity Proposed under the Indcpendent Elderly Housing Section of the North Andover Zoning By-Laws, Section 14, which is an allowed use in the HA District; aIld 1V0W, ' 11FREFORF., For good and valuahIe cons]du-aticin, rece-3pi o1'which is Ilereby acknowledged, and for the mutuaI promises and covenants contained herein, the folio%ving is declared: i. Land SubmaitWd to i?celaration. Thal the undersigned hereby,submits it) this Declarat1(in the real proporly described hercinabove as the Property, which Property (arid all portions thercoo is, and shall be, held, transferred, sold, conveyed, and occupied subject to the covenants, conditions mid restridions %d fbith herein below, said covenant.,;, r:ondifions and res(sic#ions to automati cal Iy be ineorporatcd into all appropriate decds acid other conveyances of record, which said covenants, conditions and restrictions are deemed to nun with the Iand and the interests therein conveyed. 2. Demily Restriction. 1 otwithstanding the clerisity allowed in a R-3 IXstrfc;t rii the Town of North And over, the 1)ecIarant agrees to Iunit the density cif any pn>posed "5 5 and Cher„ i esidenfial commkinity allowed under the Independent Elderly Housing Provision of the forth Andover Zoning Code, Section 14, to 57 dwelling units. I 3. l+nforeement. It is exprtssly un t�rstood and agreed that the:P ROTECTTV F C.C}VENANTS Ai is RF TRICTTONS cont aine3d herein ;Ball attach it) and rur3 with (lie land and iuxi ft)r the; bent-fit«I`the Town of North Allover. Enforcement of these covenants. reservations, and restrictions shall be by a proceeding at law and/or in equity by they Town of North Andover, acting by and through its Planning Board against arty person or persons violating oi- threaten]ng to violate any covt�iiaRt el th er to restrain the viA3shon and/or recover dama e,% sulTdcd by thcin for ��}�vic�Iatie�n tl�erehe3 , The Declarant, and its sucecssors and assigns, shall have full right to em force these PROTECTIVE CO V EN ANTS AND RESTRICTIONS and recover (jai-Rages. 4. Severability. Each and every one tbt! covenwits, conddit ion s and restriaiorrs, c0ntained herein shall be consIdtered to be; an Independent. and sep4raltf covenant and ageennent, and in the event any ono or in(wc of such covenants, conditions and restrictions shall, for any rea%on. be field to be invalid or unenforceable by a court of law, then all reinaining covenants, conditions and restrictions shall rievt-i-th0ess rem ain in 1411 161-ce;and elect_ 5, Duration. All of the foregoing PROTECTIVE E COVENANTS AND RF'STRICTIONS shall continue and re vain hi fid1 force and effect at all tithes against the owners} of any lot(s) in such Property, regardless of how title was m-quired, Ii>x-a ptriod o l'thirty (30) years from the elate ol'the r{cordi ng h rcof, after which tittle said PROTECTIVE CO FNANTS AND RESTRIC'I-10NS shall automatically be extended for successive tell (10 year periods, by an instrument which shall b�- rt�ordecl wilh (11t� Fssex North Dist3id Resgistry of Deeds by the owners) ol`the Property within the time prescribed by M.G.L. e. 184, �27. 6. lion-Waiver. The failure or delay of the Town of forth Andover to enforce the restrictions, covenants or provisions 1�e3�ol'shall not be dt!t-r vd a waiver of the right to do sex tht�ealln-as to the same;breach or to one o ertrring prior oi- subsequent. 7. Amendment and 'Termination. The foregoing PROTECTIVE' COVENA ITS AN LA KE,STRICTIONS may be aantmdtt 1, rr odi Iivd, �tr d/or lei-nilnated by vole.oI`the re coM titlehoIde�-of the Pniperty and by the assent of the Marining Board for the Town of North Ai`idove:r. Such amrndmcnt, modification, aildlor termination shall not be effective until such iinlc as it is rcduced to %vriting and s3giitxl by the properly owns-r and the Plann3ng Beard o l' North Andover anti recorded in the Essex North District Registry of Dceds, 8. Successors Bound. All of the covenants, conditions and restrictions set forth herein shall ion with the land, and the grantees of the Properly, by accept]rig thV, cleecl therelt), accept the sa3ue si Abject to such et)venants, conditions and restrictions, and agrees for themselves, their hears, adn)imstratrrrs, successors, and assigns to be bound by each of such covenants, conditions and restrictions iointdy, separately, and several Iy, 2 WIT NES S the;did author zed band and seal of the Declarant this _ day o f 2006, BERRY STREET TRUST BY: Margaret Fiore, Trustee COMMON W EALTH OF MAS SAC HUSETTS Then penionally itppeart0 t1w atbove named Margaret Ficre, Trustee of the Bomy Street Trust and acknowledged the fbii-, ruing instminent to he her free act and deed and the duly mttl}orirtxl act and deed of Berry Street 'crust, before me, Notary Public My Commission F,xpii-es: 3