HomeMy WebLinkAbout2004-06-21 Zoning Decision - Campion Hall Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street �` ..r�:,• °r'
�? Arm
North Andover, Massachusetts 01845 c"us�i
i
D. Robert N&fta Telephone(978)688-9541
Building Conn]iissioner Fax(978)688-9542
Thls is to certify that twenty(20)days
have elapsed from date of decision,fled
Any appeal shall be bled Notice of Decision without filing of Mang psal.
within(20)days after the Year 2004 Date, 1. '
Joyce A.Bradshaw
date of filing of this notice..:_-- -- ` Town Clerk
in the office of the Town Clerk. P o ert at: for premises at: Cocbichewick Delve
NAME: Ca►ilpion Hall,LLC, HEARING(S): November 18& December 9,2003
`Willard D. l'erkhis, ,4ager & February 10,March 9, May 13,
2 -Andaver_Sfreet;Andover,MA May 25,&June 15,2004
ADDRESS: for premises at: Cochichewick Drive PETITION: 2003-039
North Andover, MA 01845 TYPING DATE: June 21,2004
E
The North Andover Board of Appeals held one public hearing in five regular sessions and two special sessions
for the Town Boards and for Citizens' input. The public hearing was concluded on May 13, 2004 and the
decision was taken at the second special session,Tuesday the 15'''of June,2004 at 7:30 PM in the Senior
Center, 120R Main',Street,North Andover on the request for a Comprehensive Permit by Campion Hall,LLC,
Willard D.Perkins,Manager,28 Andover Street,Andover,MA.for premises at: Cochichewick Drive,North
Andover,MA(Map 62,Parcels 94,95 & 10). This application is pursuant to M.G.L.Chapter 40B, Sections 20-
23 for a Comprehesive Permit for construction of 28 condominium units of housing of which 25%(or 7 units)
will be affordable units and seeks relief in order to be economically viable and to exempt local needs. The units
are to be sold or rented to moderate-income persons meeting the eligibility guidelines established by the
Massachusetts Hou9big I ,lance Agency(MassHousing).The said premise affected is property with frontage on
the East side of Cochiehewick Drive within the R-1 zoning district. The legal notices were published in the
Eagle-Tribune on November 3 and 10,2003.
I
The following members were present: Ellen P. McIntyre,Joseph D. LaGrasse,Joe E, Smith,and Richard J.
Byers.
Upon a motion by Richard J. Byers and seconded by Joe E. Smith,the Board voted to GRANT the Applicant
the Comprehensive Permit iursuant to MGL Chap. 40B,Sections 20-23 for 25 housing units of which 26.9%or
7 units will be affordable per die following preliminary plans:
P an TithA: Site Plan,Comprehensive Permit Plan for The Residences at Campion
Hall ua North Andover, Mass.,
Prepared for: Campion Hall, LLC
28 Andover Street
Andover,MA 0 18 10
Prepared by: Marchionda&Associates,L.P. '
62 Montvale Avenue
Suite 1
Stoneham, MA 02180 >
Date: February 19,2004, 1.Phasing,3/24/04,2. Land Swap,4/13104,
3. Revised Building Layout,4/23/04 Sheet I of I -lJ
t,
XrTEsT:
A True Copy j
Page ] of 2
Town Clerk
Doard of Appeals 978 688-9541 ➢uilding 978-688-95,15 Consen,alion 978-68R-95:30 Heatth 978.68R-9540 Planning 978-688-95:35
1
1 I
Town of North Andover
Office of'the Zoning Board of Appeals ��_
#Community Development and Services Division
27 Charles Street "
M y
North Andover, Massachusetts 01845 �a;""°''���'
�1cous�'
D. Robert Nicetta Telephone(978)688-9541
Budding Colgn issiouer Fax(978)688-9542
Drawing title: Conceptual Landscape Plan
prepared for: Campion Hall Preliminary Design,North Andover
Prepared by: Huntress Associates, Inc.
17 Tewksbury Street
Andover, Massachusetts 01810
Date: 5.10.04,Drawing No. L-1 and L-2
Plan Titled: Campion Hall
Prepared for: Campion Hall
Prepared by., Rob Braunliall Architects
38 Main Street
Andover, Massachusetts 01810
I
Voting in favor were Elle,-, P. McIntyre,Joseph D. LaGrasse,Joe E. Smith,and Richard J. Byers.
The 11 page complete Decision with the 24 written eoinrnunications,7 findings of fact,20 general conditions,
27 specific conditions,25 waivers,and associated Plans are on file at the Zoning Board of Appeals,27 Charles
Street,North Andover,Massachusetts and can be viewed during normal office hours.
f '
i
3 Town of North Andover
i Board of Appeals,.
i
i
sepli D, LaGrasse,A uig Clrairmait
2004-039.
M62P94,95,10.
Page 2 of
r.J
I r
E
1_
i
Board of Appeals 978.6p.9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-9540 Nanning 978.688-9535
i
f
Decision on Comprehensive Permit Application
Campion Hall, LLC
28 Andover Street
Andover, MA 01810
Petition No. 2003-039
I
PROCEDURAL HISTORY
Campion Hall, LLC, ("The Applicant") filed an application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B,
Sections 20 through.2�, to construct 28 units of condominium housing of which 25% or 7 would be set aside as
"affordable," in the Residential 1 (R-1) zoning district, located at Campion Hall, Cochichewick Drive, North Andover, MA
01845, ("the Property"). The,tpplicant is a duly organized Massachusetts Limited Liability Company and has submitted
the required evidence o site control to the North Andover Zoning Board of Appeals.
The Comprehensive Pe�it application was submitted to the North Andover Town Clerk's office on September 30, 2003
at 1:52pm. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Massachusetts
Housing and Finance Agency (MassHousing) for a project eligibility letter through the MassHousing Housing Starts
program. MassHousing reviewed the Application and issued a Project Eligibility Letter to the Applicant on July 24, 2003.
The Applicant has proposed no other subsidy programs. The Applicant has chosen the Citizens' Housing and Planning
Association (CHAPA), as the F,gency to monitor the resale of the affordable units.
The Applicant submitted plans prepared by Huntress Associates dated September 30, 2003 to the North Andover
Zoning Board of Appeals with the submission of the Comprehensive Permit Application, The North Andover Zoning
Board of Appeals circulated the plans for review to the North Andover Police Department, the North Andover Fire
Department, the North !Andover Conservation Commission, the North Andover Board of Health, the North Andover
Planning Board, the North Andover Department of Public Works and the North Andover Board of Selectmen, Partly as a
result of comments and,recommendations made by these Boards, the Applicant submitted revised plans dated Revised
April 23, 2004, which are the plans upon which this decision is based ("Approved" plans). There are no outstanding
Issues ralsed by any Town Boards. All issues have been satisfactorily addressed by the Applicant.
The Town of North Andover Zoning Board.of Appeals, after publication in The Eagle-Tribune on November 3, 2003 and
November 10, 2003 and due notice sent to all abutters and interested parties, opened-a public hearing on November
18, 2003 at the North Andover Senior Center at 120R Main Street, North Andover, Massachusetts. North Andover
Zoning Board of Appeal t members present were Chairman William J. Sullivan; Walter F. Soule, Vice Chairman; Ellen P.
McIntyre; Joseph E. Sm th; Richard J. Byers; John Pallone; and Joseph D. LaGrasse.
I
A Waiver for Time ExteOanager
sion v.,'as signed prior to the October 14, 2003 North Andover Zoning Board of Appeals hearing
by Willard D. Perkins, for Campion Hall, LLC, for the Comprehensive Permit Application to be continued and
heard at a regular hearing to be held on November 18, 2003 at 7:30 p.m.; an additional Waiver for Time Extension was
signed on that date and,also on hearing dates of December 9, 2003, February 10, 2004 March 9, 2004, and April 13,
2004. The public hearing was closed on May 13, 2004 when the Board voted to take the hearing Under Advisement.
Two open Under Advisement meetings were held on May 25, 2004 and June 15, 2004. The Board voted to grant the
Comprehensive Permit to Campion Hall, LLC during the June 15, 2004 meeting.
I
i
Page 1 of 12
i
At the November 18,'2003 North Andover. Zoning Board of Appeals hearing, and at subsequent hearings held to
continue the public hearing, the Applicant was represented by Willard D. Perkins, PE, Manager of Campion Hail, LLC,
28 Andover Street, Andover, MA 01810; Christian C. Huntress, Huntress Associates, Inc., 17 Tewksbury Street,
Andover, MA 01810; 'Andrew Zalewski, The MZO Group, Inc,, 92 Montvale Avenue, Stoneham, MA 02180; Rob
Bramhall, Rob Bramhail Architects, 38 Main Street, Andover, MA 01810, Michael J. Rosati, Marchionda & Associates
L.P., 62 Montvale Avenue, Stoneham, MA 02180; and Andrew Schwab, Curran Construction, Inc., 8 Stone Post Road,
Salem, NH 03079,
The premises, which Is generally known as Campion Hall, is located on Cochichewick Drive North Andover,
Massachusetts and Is 'currently owned by Technical Training Foundation, a non-profit charitable organization based in
North Andover. Their deeds to the Property are recorded at the Essex North Registry of Deeds in Book 2744 Page 155,
and Book 2857 Pages 286. TI ie parcels are also identified as North Andover Assessor's Map 62 Lots 10, 94, and 95,
The site is Irregular in shape, set between two existing neighborhoods, and consists of 5.9 of land with 864 feet of
frontage on Cochichewick Drive. The vacant, turn-of-the-century Kunhardt mansion, guesthouse, and garage building
still exist on the Property. Although these structures appear to be In very poor condition, according to the applicant and
their consultants, they are restorable. With the exception of the garage and part of the carriage house, they are to be
renovated under this proposal. The garage and cabana portion of the carriage house are planned to be razed. The site
is presently served by municipal water and sewer, The site Is located in zoning district Residential 1 (R-1). Multi-family
dwellings are not allowed by right in.R-1 districts.
i
Wetlands as defined b� the Wetlands Protection Act MGL Chapter 131 Section 40 were not found on the site. The
property is located wltPln the Lake Cochichewick watershed, but lies entirely outside of the Watershed Protection
District. Campion Hall is not located in a 100-year fioodplain. However, based on a site walk, the administrator for the
Conservation Commission requested that the applicant investigate a small, isolated wetland area apparently located on
an abutting property. This was investigated and found to be non jurisdictional under state law and beyond a 100'
building buffer.
According to the applicant, Campion Hall, LLC had conducted many neighborhood meetings and made many revisions
to address area concerns. Perhaps because of this, during the course of the public hearing there was very little public
Input. The North Andover Zoning Board of Appeals heard favorable testimony from Mr. Thomas R. Fandel, 95 Campion
Road, an abutter, Mr. Fandel was a strong advocate for the project and requested that the Board act quickly to allow the
developer to begin constructlon. The Board also received a letter from another abutter, Mr. Edward Hassey, 66 Bonny
Lane, regarding a reque`,st for a buffer from his yard.
During the course of the public hearing Mr. LaGrasse and other members offered site plan suggestions that the
applicant agreed to consider. The suggestions concerned aesthetics, unit density, building locations, landscape buffers
to the neighboring properties, etc. Based on these comments the applicant came up with a revised plan that deleted two
of the market rate units, ut lnn'uded the same amount of affordable units. The plan as revised is as follows: eleven 1, 2,
and 3-bedroom units in the Mansion, two 2-bedroom units in the Carriage House, 1 single-family, four-bedroom,
detached home that will, be on a separate buildable house lot, and twelve 3-bedroom townhouse units arranged in 4
clusters of three units. Except for the Mansion, all units are to be woodframe buildings. Parking shall consist of 42
garage spaces and 44 surface spaces; total parking is 84 spaces.
i
In order to achieve their allowed limited profit figure while deleting the two market rate units to limit density as the Board
requested, the applicant!,proposed that in return the Board would allow some flexibility in the location of the affordable
units. Thus the applicant has proposed putting five affordable units in the mansion, one affordable unit in the existing
guesthouse, and one affordable unit in a townhouse. The detached single-family residential unit would be market rate.
During the course of the public hearing, the Board of Appeals also received and considered the following written
communications:
i
Page 2 of 12
. I
' I
Meeting Date Document From Contents Document Date
Pre-Meeting ##1 Campion Hall,LLC The Residences at Campion Hall-Application Town Clerk date
stamp
9-30-03
To: 1 I-18-03 #2 Willard D. Perkins,Manager Hearthstone Realty Corporation-Letter agreeing to 10-9-03
scheduling I'meeting 1 I-18-03
#3 Chief William V.Dolan NA FD-Review of Campion Hall application 10-9-03
€€4 Chief Richard Stanley NA PD--Response Memorandum to Campion Hall 10-21-03
Application
#5 ulie Parrinno,Conservation Inspection Memorandum of Campion Hall application by 11-3-03
Adminnistmtor Conservation Commission
#6 NA Board of Selectmen Comments on Campion Hal 40D Project 1 1-6-03
€€7 Jack Sullivan,Director of NA DPW- Campion Hall 40B proposal—Preliminary 11-10-03
Engineering comments
#8 Hwy K.Harutunian, NA Public Schools—Proposed 40B Application located 11-12-03
Sup rinterident of Schools in North Andover
#9 Pamela DelleChiaie, NA Board of Health—Applicant Natebook Feedback l 1-13-03
Secretary
Campion Hall,LLC Waive time constraints to 12-9-03 11-18-03
#10 Wetlands Preservation, Inc. Wetland Resource Area Report 1 1-18-03
To: 12-9-03 #11 ;Willard D.Perkins,P.E., Hearthstone Realty Corporation-Response to Comments 12-2-03
President Rom Town Departments `
#12 Julie Parrino,Conservation NA'Connservation Commission-Re: Campion Hall 12-3-03
Administrator Wetland Delineation
To: 2-10-04 #13 'Willard D.Perkins,P.E., Hearthstone Realty Corporation-Letter to ZBA about 1-30-04
President project progress
#14 Thomas J. Keefl'e,PE Tutela Engineering Associates, lint.--Rae's Pond 2-4-04
Wastewater Pumping Station Evaluation
#15 tchael J. Rosati,Project Marchionda&Associates,L.P, -Response to NA DPW 2-6-04
Man, er item ##1
#16 Edward Hassey Letter to Walter F. Soule—abutter concerns 3-4-04
#17 Willard D. Perkins,P.E., Hearthstone Realty Corporation--6-month progress 3-9-04,
President report
To: 4-13-04 #18 im Downey VHB-memorandum to Timothy B. McIntosh,VHB re: 2-24-04
Asbestos,Lead and Radon Sampling Report of
Environmental Remediation Services,Inc., faxed 3-9-04
#19 Tracie Lenhardt&Mathew VHB—Engineering review 3-22-04
Goldjtein,P E.
#20 Michael J.Rosati,Project Marchionda&Associates,L.P.—Letter response to VHB 3-25-04
Manager 3-22-04 ireview.
#21 Daniel J. Slowe, Envirotun�ental Remediation Services, Inc.—Response to 3-12-04
Environnmental Consultant VHB 2-24-04,rec'd 4-5-04.
#22 Jack Sullivan,P.E. DPW response to Marchionda&Associates Site Plan 4-6-04
Under 1123 Campion Hall,LLC The Residences at Campion Hall Pro Forma, 7 pages Rev. 5-18-04
Advisement
5-13 to 6-15-04
#24 Kathleen Szyska,President North Andover Historical Commission—Response to 6-14-04
request about status of Kunhardt Estate,or,
Campion Hall on the National Historic Register
i
In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin,
Inc. (VHB) to provide a technical review of the Applicant's application, revised plans and studies and to present findings
of this review to the Boar in writing. This review was paid for from funds received In advance from the Applicant for this
purpose.
' I
Page 3 of 12
j
The public hearing ' ,
p g was closr d on May 13, 2004.
The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the
hearing. These finding's are#lased on the preceding 24 submissions, which include, but are not limited to, the following
materials, which are or?file at the North Andover Zoning Board of Appeals and are being incorporated into this decision
as a portion of this Application for'a Comprehensive Permit,
FINDINGS
1. The Apglicant.1 The Applicant, Campion Hall, LLC, is a "limited dividend organization" as that term is used in
M.G.L. Chap. 4013 § 21 and 760 CMR 30.02, will sign a Regulatory Agreement with the funding agency to limit
profits, and Is eligible to apply for and receive a Comprehensive Permit.
Campion Hall,.LLC Is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend
organization, the Project is fundable by the Massachusetts Housing and Finance Agency's Housing Starts
program, and has control of the site as that term is used in 760 CMR 31.01.
rYMinl ! oi _
2. rSii�ma sefor#h inoM.G.L. Chap.Moderate Zp or 7 Housing, The Town of North Andover has not met the statutory
60 CMR 31.04.
3. The Protect. Tte Project, as shown on the"Approved" Site Plan, consists of 25 condominium units and 1 single-
family, detached hoine, arranged on the 5.9-acre property as follows: 11 one-, two-, and three-bedroom units in
the Mansion, 21two-bedroom units in the Carriage House, 1 single-family, detached home, and 12 three-
bedroom townhouse units arranged in 3 clusters of four units. The Project's name will be The Residences at
Campion Nall. 1
4. Affordable Housin tc be Pr vided. A minimum of twenty-five per cent(25%)of the units shall be"low or
moderate income housing"as that term is defined in MGL Chap. 40B §20. The Applicant has agreed to a
restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years from the
date of this Decision, or, In the event of approval of the affordability restriction by Massachusetts Department of
Housing and 6mmultity Development, in perpetuity or such other term contained in such restriction, as
specified in the iConditions to this Decision,
5. Access and Traffic Issues. There shall be one driveway entering the property for the condominium units, and
one driveway for the single-family, detached home. The North Andover Zoning Board of Appeals finds that the
proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and
emergency services.
6. Support byTown Board and Aggricles. During the course of the public hearings, the North Andover Zoning
Board of Appeals sought and received comments and concerns from Town boards including the Department of
Public Works, the Police Department, the Fire Department, the Conservation Commission, the Board of
Selectmen, and,the Board of Health, The Board also considered the input of Vanasse Hangen Brustlin, Inc.
(VHB), who conducted an independent technical review of the Applicant`s application, revised plans and studies
and presented findings of this review to the Board in writing. The Applicant has satisfactorily addressed all
Issues raised by!VHB rind town agencies and there are no outstanding Issues at this time.
7. Waivers Granted. As part of its application for a Comprehensive Permit, the Applicant submitted a list of
requested waivers to fhe North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North
Andover Zoning Board of Appeals finds that these waivers, included herein as revised, are necessary to make the Project economically feasible and grants the requests.
i
I
DECISION
i
Based on the above findings and a 4-0 (four to zero)vote of the North Andover Zoning Board of Appeals taken on June
15, 2004, a Comprehensive Permit for the Project, subject to the following twenty (20) general conditions, twenty-seven
(27) specific conditions, Jnd tw-;nty-five (26)waivers, is hereby APPROVED with the following conditions.
i
Page 4 of 12
I
i
E
COMPREHENSIVE PERMIT CONDITIONS
A. GENERAL.CONDITIONS
1. The"A�proved" Plans as detailed herein shall not be substantially changed, altered or reconfigured in
any way without prior notice to the North Andover Board of Appeals. In accordance with DHCD
Guidelines (http://www.state.ma.us/dhcd/components/hac/GUIDE,HTM)the Board will decide within
twenty days whether the change is substantial or not. If the Board determines that the change is
substarttlal (In, accordance with HAC Regulations 760 CMR 31.03 (2) (b) (3)) it must mold a hearing
within 30 days to decide whether to permit the change.
2. All requirements of the Housing Starts program as administered by the Massachusetts Housing
Financ6 Agency are to be met. The MassHousing Regulatory Agreement and Deed Rider are to be
executed by the Applicant as required by the program and shall be recorded at the Essex North
Registry of Deeds. In the event that the applicant finances the project privately or through a lender other
than MassHousing, the applicant will get final approval of this Comprehensive Permit from
MassHousing prior to any new construction on the site.
3. The nuImber of units to be constructed under this Comprehensive Permit is twenty six (26). The
developer has agreed to an allocation of units such that there will be a total of 7 affordable units
(26.9%) with five affordable units In the Mansion, one affordable unit in the Carriage House, and one
affordable unit in a townhouse.
4. All affordable units are to be sold through a lottery process in accordance with Massachusetts
Department of Housing and Community Development guidelines. All fees and facilitation are to be the
respon�lbility of the Applicant, Seventy per cent (70%) of the affordable units shall be set aside for
North Andover residents in accordance with DHCD regulations.
5. The ap licant shall make every effort to comply with all the provisions of this decision. However, in the
event o conflicts between this decision and Massachusetts law(including regulations of the
Department of Housing and Community Development and MassHousing), Massachusetts law shall take
precedence. in that case, the applicant shall give timely notice of such a conflict to the North Andover
Board of Appeals.
6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion
of construction, issuance of Certificate(s) of Occupancy by the building commissioner and conveyance
to individual unit owners,
7. During lonstruction, all local, state and federal laws and regulations shall be followed regarding noise,
vibratlo,, dust and blocking Town ways. At all times, the Applicant shall use reasonable means to
minimize Inconvenience to the residents In the area.
8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the
development of the site, unless expressly waived herein.
t
9. Before beginning any construction under this Comprehensive Permit, other than site work and interior
environmental remediation and demolition, the Applicant shall furnish evidence to the Building
Commissioner that this decision and the plans with the revisions necessitated by this decision, have
been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or
an Architect's stamp, as appropriate. Documentation of recording, including document number, or a
book and page number shall be provided to the Building Commissioner,
i
Page 5 of 12
i
• i
E
i
i
i
10. The Applicant shall be responsible for the snow removal, trash removal, rubbish removal, recyclable
materials removal, road maintenance, and storm drainage maintenance on the property until such time
as the organization of unit owners for the condominium assumes those obligations, which shall be
stated,in the condominium rules and regulations.
11. A Certificate of Insurance, naming the Applicant as the named insured, which shall include coverage for
general liability in an amount not less than $2,000,000, automobile liability, umbrella coverage, and
Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to
the beg€nn€nn of construction, Including site preparation.
12. The Building Commissioner shall be the authorized agent of the North Andover ZoningBoard of
Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions,
restrictiions, or requirements of the Comprehensive Permit and is authorized to enforce any of these
provisions in the Superior Court of the Commonwealth.
13. Prior to� "obtaining a building permit for construction of the townhouse units, the Applicant shall submit
final construction drawings and a final site plan to the Building Commissioner for a technical review to
assurelgenertal compliance with the"approved plans"as provided in the Massachusetts Comprehensive i
Permit'Law In the event that there are changes that the Building Commissioner considers substantial,
the Co�missloner shall submit them to the Board of Appeals for determination whether a substantial
changes does in fact exist(in accordance with section A-1 above).
14. The Applicant shall not be permitted to receive a building permit for construction of the townhou
se units
until such time as the Applicant has delivered a draft copy of a MassHousing Housing Starts Regulatory
Agreement to the Building Commissioner. The North Andover Zoning Board of Appeals acknowledges
that the form of the Regulatory Agreement may be revised with respect to the details of reporting and
similar requirements regarding the methods of achieving and monitoring compliance with substantive
goals, based upon review of the form by the monitoring agent to be selected.
15. The Comprehensive Permit is granted based on the Application and no use and no other improvements
substantially different from those contemplated by the Project Plans referenced above, and submitted
with the;application, shall be deemed permitted by virtue of the granting of the Comprehensive Permit.
16. The Comprehensive Permit shall run with the land.
17. The Comprehensive Permit shall become void in the event the Applicant does not obtain a building
permit€h connection with the Project within three (3) years after the date of recording of this Permit by
the Applflcant with the Essex North Registry of Deeds, which is not subject to an appeal or contest.
18. The wa€ ers from all local bylaws, rules, and regulations that have been granted are attached. All other
bylaws, rules, and regulations remain in full force and effect, The Applicant shall pay all fees required
for this propert;�. No municipal fees are waived unless expressly stated in this decision.
19. The Project shall comply with all applicable state and federal regulations including but not limited to
State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing,
Blectrica and Fire Codes.
20. The Massachusetts Architectural Board Rules and Regulations, 521 CMR shall govern
handicap'accessibility.
Paget of t2
i
i
B. SPE ClFIC C UNDfTIONS
1. The Project, as shown on the "Approved" Site Plan, consists of 25 condominium units and 1 single-
famtly,l detached home, arranged on the 5.9-acre property as follows: 11 one-, two-, and three-bedroom
units in the Mansion, 2 two-bedroom units in the Carriage House, 1 single-family, detached home, and
12 three-bedroom townhouse units arranged in 3 clusters of four units. The Project's name will be The
Residences at Campion Nall. According to the site plan, the total number of parking spaces shall be 84
for an joverall parking ratio of 3 + parking spaces per unit. One parking space for the 11 units in the
Mansion and the 2 units in the Carriage House shall be assigned to 13 of the 16 garage units.
2. The Applicant shall develop and sell these units as condominiums (except for the single-family
detached home) and not as rental units. The rules and regulations of the condominium shall contain a
provision which is not less restrictive than the following:
Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the
following conditions:
i
a. Such lease or rental agreement shall be in writing;
b. The lease or rental agreement shall apply to the entire unit, and not a portion
thereof;
c. The term of the lease or rental agreement shall be for a term of not less than
i six(6) months;
I
d. The occupancy of the unit shall be for not more than two (2) unrelated people;
e. The lease or rental agreement shall expressly provide that the lease or rental is
subject to the Master Deed, the Organization of Unit Owners and the Rules
and Regulations of the Condominium; and
k f. A copy of the lease or rental agreement shall be provided to the Organization
of Unit owners.
g. Leasing or renting of the affordable units shall be prohibited, except as
governed by the provisions of the Regulatory Agreement and Deed Rider.
3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with
guidelines established by the Massachusetts Department of Housing and Community Development
(DHCD). To the extent permitted by Massachusetts law, residents of the Town of North Andover are to
be granted a local preference for the affordable units. In no case shall local preference be granted for .
more than seventy per cent (70%) of the affordable units. The Applicant shall work with the Town of
North A lover toward this goal.
4. The Applican, has agreed to hire as outside monitoring agent, Citizens' Housing and Planning
Association (CHAPA).
5. All of the units in the Project that are designated as "affordable" shall be available for purchase by
persons',whose income is na more than 80%of the area median as determined by the U.S. Department
of Housing and Urban Development, The affordable units shall be indistinguishable from market rate
units In ;the Project from the exterior. A list of the affordable unit numbers and a plan showing their
location shall be submitted to the Building Commissioner at the time of application for a building permit
and to tlje North Andover Zoning Board of Appeals for their file.
I
Page 7 of 0
I
6. The R�sldencos at Campion HaH will have scheduled private curbside trash pickup.
7. There shall be one driveway for the condominium units to the site as shown on the final revised
preliminary site plan and one driveway for the detached single-family unit.
B. The applicant shall verify the fire hydrant locations with the North Andover Fire Department.
9. There Shall be master fire alarm box(es) and fire protection systems as required by the North Andover
Fire Department.
i
10, The execution of Form "U" by the North Andover Department of Public Works shall constitute approval
acceptable to the North Andover Zoning Board of Appeals relative to all on- and off-site drainage and
utility Issues.
11. The Applicant shall provide details on the sewer main and sewer services including profiles to the North
Andov it Department of Public Works as part of the technical review.
1
12. Cross�onnectlon details and proper backfiow information regarding water tie-ins and the.type and size
of water services shall be provided and approved by the North Andover Department of Public Works;
such approval shall not be unreasonably withheld and shall be issued in a timely fashion.
i i
13. Installation and maintenance of the sewer conduits on the site, both force main and gravity, and the
sewer Dumping station, shall be the responsibility of the Applicant and subsequent condominium
association until such time as the Town of North Andover requests a legal transfer to the Town. The
Applicant or t:.ie condominium association shall transfer the ownership of the sewer, in whole or in part,
to the Town of North Andover at no cost. The sewer pumping station shall remain privately owned and
maintained.
I I
14. Screening and landscaping shall be substantially in compliance with the approved plan provided.
16. Final plans stamped by an engineer shall be submitted depicting the location and height of proposed
retaining walls that exceed four feet in height,
i .
16. Final plans shall be submitted specifying measures to stabilize slopes proposed to be greater than 3:1,
17. Stormwater runoff, other than roof runoff, shall be pretreated prior to being recharged.
18. Final plans shall be submitted specifying pleasures to inspect and maintain stormwater management
areas, along with providing an adequate overflow mechanism,
19. Infiltration of roof runoff shall be considered in the final design of the stormwater management system
to the extent that it is practical and feasible.
20, The final design plans shall show curbing where needed to direct runoff into the stormwater
management system. Sloped granite curbing shall be provided on slopes and curves.
I
21-, Final plans shall be submitted to include an operation & maintenance plan for the stormwater
managtent system. i
22. This Corhpreho isive Permit is conditional on the Applicant obtaining fee simple interest in the Property.
23. The construction of The Residences at Campion Hall shall be in general accordance with the phasing
plan shown or, the Site Plan, Revised Building Layout 4/23/04 project plans filed with the application,
the phase intervals shall be no greater than two years once construction starts.
I
Page 8 of 12
' I
24. Applicdnt shall supply fire hydrants on-site and shall connect the buildings to the town of North Andover
F€fie D�IIpartment System in a manner satisfactory with the North Andover Fire Department.
25, The 130ard of Appeals, pursuant to the authority contained in Massachusetts General laws Chapter
40B, S6ction 21, hereby Issues to the Applicant all of the locally obtainable permits needed to construct
the Project, subject to the express terms and conditions of this Decision. Consequently, this will confirm
that the Inspector of Buildings may rely upon this Decision in determining whether the Applicant has
fulfilled' the preconditions for obtaining building permits for the Project. Except for the express
reservations contained in this Decision, the administration of the building permit process for the Project
is to be conducted subject to (a) the state building code, (b) applicable state laws, (c) state permits and
approval for which this Board can not and has not issued, and (d) the terms and provisions of this
Decision. In order to qualify for building permits, the Applicant is not required to obtain local sewer
connection permits from the North Andover Board of Health or the North Andover Sewer I
Commissioners, provided that the North Andover DPW has reviewed and approved the technical !
aspects of any such connections.
26. Restoration plans for both the Mansion and the Carriage House shall retain the integrity and the historic
nature of the original building. All materials and color shall be specified and submitted for final review
prior to the Issuance of a building permit.
27. Final site improvement drawings shall be submitted for approval prior to a building permit. The site
improvements shall detail the following:
A. Trash containers shall be located and screened.
R Ground mounted HVAC equipment shall be concealed.
C. Provide lighting plan and details.
D. Sidewalks, paving, curbs, and brick shall be defined. I
E. Fences and retaining walls shall be defined.
F. Signs, benches, and fire hydrants shall be located.
G: Outdoors active and passive recreational areas shall be located.
E H. Terraces, garage, and sidewalk lighting shall be located and defined,
I
i
I
f
{
j
Page 9 of 12
I ' �
i • , L f
f
! Approved Waivers to the By-Laws and Regulations
in Effect in the Town of North Andover
For the Approved 26 Unit Residential Housing Project
To be known as
i The Residences at Campion Hag
M Campion Hall, Cochichewick Drive, North Andover, Massachusetts f
Waivers requested are those exp
ected pected to be required from the Zoning Bylaw as amended through the Annual Town
Meeting of 2002 for the development of this project in accordance with revised plans and drawings(Approved Plans")
listed below.
Prepared by ! Sheet Title Rev.Date
Huntress Associates, Inc, L1 Conceptual Landscape Plan 5/10104
i
Huntress Associates, Inc. L2 Conceptual Landscape Detail 6/10/04
March londa &Associates, L.P. Sheet 1 Site Plan Rev.4/23/04
Rob Bramhall Architects 1 of 6 Townhouse Elevations(Typical)
f
Rob Bramhall Architects 2 of 6 Townhouse Floor plans: 1 at Floor
(Typical)
Rob Bramhall Arohitects 3 of 6 Townhouse Floor plans: 2nd Floor
(Typical)
Rob Bramhall Architects 4 of 6 Carriage House Floor plans
I
Rob Bramhall Architects 5 of a Mansion Floor plans: Garden Level & I"
Floor
Rob Bramhall Architects 6 of 6 Mansion Floor plans: 2°d&Td Floors
The proposed developfr ent shall require the following waivers from the North Andover Zoning By-Law:
Section 1 -Purposes:
1. A Waiver Is granted from this section where the regulations vary and/or In conflict with the regulations as
provided by Ch�pter 40-B of the General Laws of the Commonwealth of Massachusetts, which shall govern this
Application, where they are In conflict.
Section 4-Build s ah d Us,,.s Perm tted:
.�,!1t1_�L _.� .
2. A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following
designated buildings 8,V alterations and extensions thereof and buildings accessory thereto and the following
designated uses,of land, buildings, or part thereof and uses accessory thereto are permitted, All other buildings
and uses.are heraby expressly prohibited except uses which are similar in character to the permitted uses shall
be treated as*uldng a Special Permit. A waiver from this section is granted since the proposed multi-family
use is not allowable in the Residential- 1 district. A multi-family use does not require a Special Permit, J
Page 10 of 12
i
3. Waiver from Section 4.1.1.5 Is granted which states: No private or public (198512 way giving access to a
building or use trot permitted in a residential district shelf be laid out or constructed so as to pass through a
residential district. This section Is waived in entirely to allow such access since the private or public ways are
located in and through a residential district that does not allow multi-family residences.
4. A waiver from Section 4,121.1 is granted which states: One family dwelling, but not to exceed one dwelling on
any one lot. A waiver from this section is granted to allow multi-family residential uses since the Project is a
multifamily residential development on a single lot(with an additional single-family home on a separate
buildable lot)that has a total of 8 residential, and garage buildings located within an R-1 district, Waiver
Includes the ability to have multiple building and multi-family development in this zoning district.
5. A waiver from Section 4,136.3.a.iii (5) is granted to allow propane fuel tanks to be buried within the General
Zone of the Lake Cochichewick watershed. .
6. A waiver from &ctiori 4.136.3.b.ii is granted. This waiver is granted as this section maybe construed to hinder
the development of this Project as indicated on the site plan. 1
i
7. A waiver from lection 4.136.3.c.ii is granted In its entirety. This waiver is granted as this section may be
I
construed to hinder the development of this Project as indicated on the site plan.
i
i
8. A waiver from Section 4.136.3.c.iii is granted in its entirety.
9. A waiver from Section 4.136.3.d.iii (2), (3), (4) and (8) is granted in its entirety.
10. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this
section may be construed to hinder the development of this Project as indicated on the site plan.
11. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for
multifamily dw6llings and associated uses in the zoning district, which the property is located where it is not
permitted by right.
I
12. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section
may be construed to hinder the development of this Project as indicated on the site plan.
E
Section 7-Dimensional Requirements:
13. A waiver from 6ection 7.1 Lot Area is granted in its entirety,
14. A waiver from Section 7.1.1 Contiguous Buildable Area is granted.
I i
15. A waiver from Section 7.1.3 Restrictions is granted in its entirety.
16. A waiver from Section 7.3 Yard Setbacks in accordance with the following table Is granted:
Front: l 30, Front: 15'
Side: 30' To Side: 8'
Rear: 30' Rear. 15,
17. A waiver from Section 7.4 Building Heights for all existing buildings in excess of 35' is granted.
Page I I of 12
E
y y ,
r
l
Section 8,Sunalemer tary Regulations:
I
18. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9x18,
accessible over an unobstructed driveway not less than 25'wide to allow for driveways 20'wide as indicated on
the site plan,
19. A waiver from:Sectlon 8.3 Site Plait Review in its entirety is granted in as much as this Project is regulated by
the requirements under a Comprehensive Permit(Chapter 40B) and is exempt from such review.
Section 10-Administration:
20. A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be
construed to ei applicable to this Project, References are made to various special permit-granting authorities
that are in confilct with the requirements under a Comprehensive Permit (Chapter 408) and this Project is
exempt from such review. 3
I
Wetlands Bylaw:
21. A waiver fromi the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations
pertaining thereto, is granted with respect to the definition of a resource area. Isolated wetland on adjacent
parcel to become nor-judsdictlonal.
i
Subdivlslon Bylaw:
22, A waiver from the Town of North Andover Subdivision Control Bylaw is granted,
i
Local Board of Healtli Bylaws:
I
23. A waiver from the Twin of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where
it is more restrictive than the State Sanitary Code.
Bonds:
24. A waiver is graInted from all Town of North Andover's regulations requirements for cash bonds related to this
Project.,In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North i
Andover Zonin� Board of Appeals shall be provided at the time of the commencement of site work in the f
amount to be determined by the North Andover Department of Public Works, to cover the cost of the road
opening within the public right of way, including the water and sewer connections.
1 �
Fees:
I
26. Any waivers th�t may be granted for municipal fees shall be at the discretion of the Board of Selectmen of the
Town of North Andover.
i
I j
i
I
I
I
f ff
€ 1
Page 12 of 12
I i
I j
Town of Noah Andover NpRr,�
Office of the Zoning Board of Appeals �': ,x-. '
Community Development and Services Division
27 Charles Sheet North
►
North Andover, Massachusetts 01845 i "' <
{' II!! �c�us
D;. Robert Nicetta Telephone(978) -9'J4,' 2 L` iO:
Building Co»ri�rissrorter Fax(978)6$8-9542 '
t '
E
� E
E Minor Modification to Notice of Decision Year 2004
Property at: for premises at: Cochichewi�k.Drive j
i
NAME: Campion Halt,LLC, DATE: June 22,2004
Willard D, Perkins, Manager
f 28 Andover Street,Andover, MA i
ADDRESS: for premises at: Cochichewick Drive PETITION: 2003-039
:North Andover,Massachusetts 01845
i
The minor modifications to correct clerical typing errors for the Comprehensive Permit by Campion Hall,
LLC,Willard D. Per!,ins, Manager,28 Andover Street,Andover, MA for premises at: Cochieliewick
Drive,North�jjdover,MA(Map 62,Parcels 94,95& 10). are as follows:
I
Page^I of the standard decision form should be corrected to 26 housing twits:
hUpon a motion by Richard J. Byers and seconded by Joe E, Swith,the Board voted to
GRANT the Applicant the Comprehensive Permit pursuant MAIL Chap. 40B, Sections i
20-23 for 26 housing units of which 26.9%or 7 units will be affordable per the following
preliminary plans:
Page 2 oftlte standard decision form should be corrected to 12 pages:
The 12 page complete Decision with the 24 written communications,7 findings of fact,
20 general conditions,27 specific conditions,25 waivers, and associated Plans are on file
at the Zoning Board of Appeals,27 Charles Street,North Andover, Massachusetts and
can be viewed during normal office hours,
Page 2 of the 12 page complete Decision should be corrected to 5.9+acres:
' The site is irregular in shape, set between two existing neighborhoods, and consists of
1 5.�+ acres of land with 864 feet of fi•ontage on Cochichewick Drive.
Page ,the word followhng should be corrected to foregoing:
These findings are based on the preceding 24 submissions,which include, but are riot
II limited to,the foregoing materials,which are on file at...
Page 4 FINDiNG' S item #4 omitted phrases should be added:
Affordable Housing to be Provided. A minimum of twenty-five per cent(25%)of the
unit,shall be"low or moderate income housing"as that term is defined in MGL Chap.
40B§20. The Applicant shall execute and record with the Registry of Deeds,
a Regulatory Agreement, approved by the Town, and shall execute and
record with the Registry of Deeds a Deed Rider approved by the Town,
which shall be an affordable housing restriction in accordance with MGL
Chap. 184,sec. 26,31, 32 and 33. The duration of the affordability restriction shall
be for a term of 99 years from lie date of the Deed Rider or,in the event of the
approval of the affordability restriction by Massachusetts Department of Housing and
Community Development, in perpetuity or such other term contained un such restriction,
as specified in the Conditions to this Decision,
Page ] of 2
j
i
j
board of Appeals 978.68$-9541 Building 978-58$•9595 Conservalioti 978•C8R-953U ]iealth 978-68$-954D PlAnning 978-f,R3.9535
i
I
Town of North Andover04
�i0R7F,
' Office of the Zoning Board of Appeals a; •' ' °*
p
',Community Development and Services Division � M
27 Charles Street
North Andover, Massacuhusews 01845 $A 04
cua
I
D. Robert Nicetta Telephone (978)688-9541
lheddlJrg CCOIIUJ€lSsi011er Fax (978)688-9542
E �
Page 5, GENERAL CONDITIONS item 112 omitted phrases should be added:
f
All requirements of the Housing Starts program as administered by the Massachusetts
Housing Finance Agency are to be met,The MassHousing Regulatory Agreement,
which shall be approved by the Town, and Deed Rider, approved by the
Town, which shall be an affordable housing restriction for a term of 99
years In accordance with MGL Chap, 184, sec. 26, 31, 32 and 33,shall be
6 r.9cuted by the Applicant and recorded at the North Essex Registry of Deeds.
bi the event that the applicant finances the project privately o€-through a lender other than
MassHousing, the applicant will get final approval of this Comprehensive Permit from €
j MassHousing prior to any new construction on the site.
Pag6 7,93 omitted phrase should be coITected to:
The Applicant shall work with the Town of North Andover Community Development
i Department, and approved by the North Andover Zoning Board of Appeals.
Page 9,#1 (;milted phrase should be corrected to each of:
One parking space for each of tine I 1 units in the Mansion and the 2 units in the
Cw-riage House shall be assigned to 13 of the 16 garage units.
Page 9,#26 omitted phrase should be corrected to the Building Commissioner and to the Board.
All materials and color shall be specified and submitted to fire Building
Commissioner and to the Board for final review prior to the issuance of a building
permit.
I � !
F
Page 9, #27 omitted plu ase should be corrected to the Building Commissioner and to the Board. I
Final,site improvement drawings shall be submitted to the Building Commissioner
and to the Board for approval prior to a building permit,
Page"2, 66 � During the course of the public liming Mr. LaGrasse and other members offered
site plan suggestions that the applicant agreed to consider. The suggestions concerned aesthetics, unit
density, building locations, landscape buffers to the neighboring properties, etc. Based on these comments
the applicant came op with a revised plan that deleted two of the market rate units, but included the saine
amount of affordable units. The plan as revised is as follows: eleven 1, 2, and 3-bedroom units in the i
Mansion, twoj2-bedroom units in the Carriage House, I single-family, four-bedroom, detached home [liar
will be on a separate buildable house lot, and twelve 3-bedroom townhouse units arranged in 3 clusters
of four units:Except for the Mansion, all units are to be woodframe buildings. Parking shall consist of 42
garage spaces land 44 surface spaces; total parking is 86 spaces.
Page 2 of 2 E
I {
' I
i
1 f
Board of Appeals 978.688.954€ tnui€ding 978-698-95-t5 €€eahh 978.6N9-9540 PLanninp, )",8.6XR-'}515