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HomeMy WebLinkAboutMinor Modification to Decision for Comp...2001-033 1st & 2nd Amendments.2005 - Decision - 0000 Meetinghouse Road 6/7/2005 Town of North Andover gown Clerk Time Stamp Community Development and Services Division "CEIVED }+, Office of the Zoning Board of Appeals JOY A ERI �` 400 Osgood Street i O,'{�� C l lei �aawcOu� i North Andover,Massachusetts 01845 D. Robert.Nicetta Telephone (978)688-9541 LliU 10 A q: S.3 Building Commissioner Fax (978)688-9542 r MINOR MODIFICATION TO NOTICE OF DECISION YEAR 2001 COMPREHENSIVE PERMIT#2001-033 SECOND AMENDMENT APPLICANT: Meetinghouse Commons LLC MEETING DATE: June 7,2005 ADDRESS: for Premises at PETITION: 2001-033 South Bradford Street North Andover, MA 01845 TTYING DATE: RUNE 7, 2005 HISTORY AND BACKGROUND On June 7,2005, by a vote of 4-0,the North Andover Zoning Board of Appeals(the "Board")approved the request of Meetinghouse Commons LLC(the"Applicant")for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General Laws Ch. 40B, sec.'s 20-23 (the"Act"). Previously, on May 24,2002, by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construct a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Book 8941,Page 289. On January 13, 2005,the Applicant requested,and the Board voted to approve as a minor and insubstantial modification,a modification to Condition Numbers 11 and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. By letter, dated May 27,2005,the Applicant requested approval of the change of lender under the Federal Horne Loan Bank of Boston's New England Fund(NEF)Program from Salem Five Cents Savings Bank to StonehamBank-A Co-operative Bank, as well as approval of the Revised Regulatory Agreement,Deed Rider, and Monitoring Agreement, all of which were modified to reflect the name of the new lender under the New England Fund Program. No other changes were requested or proposed. Page 1 of 2 Board of Appeals 978.688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover IAORT„ 0f %V ,F�ya A. a Office of the Zoning Board of Appeals x Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 C14U D.Robert Nicetta Telephone (978)688-954I Building Commissioner Fax (978)688-9542 FINDINGS OF FACT The Board has reviewed the May 27,2005 letter from the Applicant's legal counsel and deliberated at its meeting on June 7, 2005. Accordingly, the Board of Appeals finds that the proposed changes constitute an insubstantial change. CONDITIONS The Board hereby approves the Applicant's request to substitute StonehamBank-A Co- operative Bank for Salem Five Cents Savings Bank,as the lender pursuant to the NEF Program. Except as modified above,the terms and conditions of the May 24,2004 Comprehensive Permit, as amended by the January 13,2005 First Amendment, remain in full force and effect. Town of North Andover Zoning Board of Appeals y- E len P. McIntyre, Chair Dated: June t 2005 i Page 2 of 2 Board of Appeals 978-688-9541 Building 979-688.9545 Conservation 978.688-9530 Health 978-688.9540 Planning 978-US-9535 Town of North Andover 1% Ter !Office of the Zoning Board of Appeals •' '''�` t IMty Development and Services Division f 400 Osgood Street " 22 'North Andover,Massachusetts 0IM5 D. )tobert Nicena Building Commissioner Telephone(978)688-9541 Fax (978)698-9542 Minor Modibeatioa to Nodo of Decision Year 2001 Comprehensive Permit#2001-033 First Amendment NAME OF APPLICANT: Meetingtowe Common LLC DATE: January 13,2005 ADDRESS: for Lremises at: Soctth Bradford Street PETITION: 2001-033 North Andover,MA 01945 Typing Date: 4quary 14,2005 HISTORY AND BACKGROUND On January 13,2005,by a vote of 5.0,the North Andover Zoning Board of Appeals(the"Board"}approved the request of Meetinghouse Commons LLC(the"Applicant"}for approval of an amendment to the Comprehensive Permit(Petition#2001-033)as an insubstantial modification under the provisions of Mass. General taws Ch.40B,ii 20-23(the"Avt"). Previously,on April 24,2002,by a vote of 4-0,the Board approved the application of the Applicant for a Comprehensive Permit pursuant to the Act to construe a development consisting of 88 units all situated on a 32-acre parcel of land located at the intersection of Dale and South Bradford Streets. The Comprehensive Permit decision(the"Comprehensive Permit")was recorded with the Essex North Registry of Deeds in Bode 8941,Page 299. By letter,dated January 7,2005,the Applicant(through its legal counsel)requested a modification to Condition Numbers I I and 12 of the Comprehensive Permit in order to clarify the conditions under which the affordable housing restriction can be terminated as to a particular affordable unit. Aa the basis for the request, the Applicant has indicated that a condition in a dead rider requiring that the affordable housing restriction be preserved in the event ofa foreclosure or deed in lieu of foreclosure may not be consistent with the requirement that the affordable housing restriction for the affordable housing units be perpetual. FIB MINAS OF FACT;NVU TI GROUSE COMMONS no Board of Appeals finds that it would be unreasonable far the Applicant to comply with the perpetual restriction requirements under Conditions I I and 12 of the Comprehensive Permit Decision with respect to the proposed financing scheme proposed by this Developer(Applicant)and therefore has determined that a modification of Conditions I I and 12 of the Comprehensive Permit Decision(as provided below)would constitute a minor or insubstantial modification since the Project consists of a senior housing(55+)project(as opposed to a project which is that age-restricted),that it is much less Nicely that the foreclosure provisions would be invoiced to terminate the affordable housing restriction for a particular affordable unk Page I of 2 Board of Appeals 978-688-9541 Building 978.689-9545 Conservation 978-688-9530 H eahh 97$-688.9340 Planning 978.688-9333 Town of North Andover Office of the Zoning Board of Appeals F � Community Development and Services Division ' 400 Osgood Street D. Robert Nicetta North Andover,Massachusetts 01845 lac Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 CONnI�C„jNS The Board modifies Condition Numbers 11 and 12 of the Comtenaive Permk as follows: 11. Prior to the sale or re-sale Ofarny affordable unit in Me Project,a proposal form of Deed Rider substantially in the form approved by the Hoard at its January 13,2005 meeting shall be submitted to the Board for review and approval. The Deed Rider will be attached to and r000rded with the deed for each affordable unit in the Project for ea&such sale or m-sale. The Deed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement in perpetuity,except that the affordability restriction sha11 be tdrrm od(d in the dwumstanoe of foreclosure or similmr remedial action undw the pmvisiom of a first mortgage,or deed in lieu of foreclosure. The Hoard's approval of the Deed Rider shall no be nnramnably withheld and shall be issued In no later than sixty(60)days after submission of such Deed Rider. 12. The Board has dde.ratined that Meetinghouse Commons LL.0 has used its best efforts to obtain airy wry governmental approvals for the term of the Affordability Regaire n o t in the Deed Rider to be in perpetuity,subject to oomditions contained in the Deed Rider described in Condition No..11 above. Except as modified above,the terms and conditions of the April 24,2004 Comprehensive Permit 2001-033 remain in full force and effect. Town of North Andover Zoning Board of Appeals, Ellen McIntyre, Chair Modification 2001-033, M104.CP31&29. Page 2 of 2 Hoard of Appeals 978-689-9541 Building 978.689-9545 Conservation 978 688-953© NeahiZ 978.688.954o Planning 979-688-9535 1 FW Meetinghouse Commons.txt 1 From: John Smolak [jsmolak@smolakvaughan. com] Sent : Thursday, December 23, 2004 3: 41 PM To: 'Michel Glennon' Cc: 'Thomas J. Urbelis ' ; tzeke@comcast.net Subject : FW: Meetinghouse Commons I Mach: Can you please include the attached letter in the ZBA files for Me etinghouse Commons? Thank you. ///John j -----Origina.l Message --- From: jsmolak@smolakvaughan. com [mailto: jsmolak@smolakvaughan. com] Seat: Thursday, December 23, 2004 4 : 20 PM To: jsmolak@smolakvaughan. com; jsmolak@smolakvaughan. com Subject : Please open the attached document. It was scanned and sent to you using a Xerox workCentre . Attachment file type PDF Device Name Device Location For more information on Xerox products and solutions, please visit http: //www.xerox. com. Page 3 SMOLAK & VAUGHAN LLP Attorneys at Law Jefferson Office Park 82o Turnpike Street, Suite 203 North Andover,Massachusetts 01845 Telephone 978-327-5220 Facsimile 978-327-5219 John T.Smolak,Esq. Direct 978-327-5215 Email;jsmtak@SmofakVaughanxum December 23,2004 BY HAND AND E-MAIL Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover,Massachusetts 01845 RE: MEETINGHOUSE COMMONS—COMPREHENSIVE PERMIT DECISION No.2001-033,dated May 24,2002 Project: Meetinghouse Commons Property; South Bradford Street, North Andover I Applicant&Owner: Meetinghouse Commons LLC Dear Board Members: Please be advised that 1 am withdrawing the Applicant's request for modification filed with the Board as part of my letter,dated December 2,2004,without prejudice. Sincerely, John Smolak J`I`S/ cc: Town Clerk Thomas J, Urbelis, Esq. CVQ � � DE C 2 7004 BOARD OF APPEALS