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HomeMy WebLinkAboutMeetinghouse Condo - Decision - 6.2022 - Decision - 0000 Meetinghouse Road 6/3/2022 Br% ATTEST: Town of North .Andover V it A True Copy Office of the Zoning Board of .Appeals Town Clerk Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 cs�` D- Robert Nicetta Telephone (978)688-9541 Building C°onzmissioner° Fax(978)688-9542 Notice of Decision Year 2002 ®rM r` Any appeal shall be filed within (20) days after the date of firing of `c`J r-- this notice in the office of the tow > _< C; clerk. Property at: Spaeth Bradford Street o � ICI : Meetinghouse Commons,LLC d/b/a DATE: May 24,2002 � 185 Hickory Hill Road ADDRESS: for premises at South Bradford PETTTTON: 2001-033 Street North Andover,MA-1845 C(S)': 1.0/16& 11/13/01;3/12,419, 44/02 The North Andover Board of Appeals held one public hearing in four regular sessions and one special session for the Town Boards and for Citizens, input. The public hearing was concluded and decision was taken at the special session, April 24, 2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Bill Road, North Andover, Massachusetts. This application was originally for 93 housing units (later(educed to 88 housing units) per MGL Chap. 4013, Sections 20-22. The housing is to have 25% of the units aside as "affordable"', located on South Bradford Street, southeast off Dale Street, in the Residential 1 zoning district of Forth Andover, Massachusetts. The following members were present and vote: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. e9 Upon a motion made by John M. Pallone and seconded by Ellen P. McIntyre to grant the Appli�an Comprehensive Permit pursuant to MGL Chap. 40B,Sections 20-22 for 88 house units of which 25% will be affordable per the following prelftninary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Srnolak Farrus C South Bradford Street North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC -� 185 Hickory Hill Road A,l„l, T This is to ,�1y that/minty edg days North Andover, 01845 A True Cop'y �e fs dam� ,ftd without ffino d an ap A.brakhs�v_ Town Clerk BOARD OF.APPEALS 688-954I BUILDING 688-9545 CONSPRVAT'ION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ,* 8944L PG 290 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem,NH 03079; Epsilon Associates, Inc. 150 Main Street Maynard, MA 01754 Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/-1, rev. 2/14/02 (Sheets 2, 4-8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev. 2/14102 & 4/17/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01, rev. 4/17/02 (Sheet 43) & 12/20/01 (Sheets 37-38) Voting in favor were Robert Ford, John Pallone Ellen McIntyre, and George Earley. The 20 page complete Decision with the 10 findings of fact, 61 conditions, 30 waivers, and associated Plans are on file at the Zoning Board of Appeals, 27 Charles Street, North Andover, Massachusetts and can be viewed during nomial office hours. Town o North Andover Board of Appeals f � RobertP.Ford, Acting Chairman Decision2001-033 4 G 2,9 r 9 1 DECISION ON COMPREHENSIVE PERMIT APPLICATION MEETINGHOUSE COMMONS, LL,C 185 HICKORY HILL,ROAD NORTH ANDOVER, MA 01845 PETITION NO. 2001-033 THE PROJECT The applicant, Meetinghouse Commons, L LC (the"Applicant"or"Meetinghouse Commons"), is seeking a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B, §§ 20-23, to construct 88 emits of housing and a community center building. Twenty-five percent of the 88 units or 22 units shall be affordable in accordance with the requirements of Chapter 40B and its implementing regulations. In addition to affordable units, the entire project shall be subject to an age restriction. All of the units at the project will be occupied by at least one person who is age 55 or older. PROCEDURAL HISTORY The Comprehensive Permit application was submitted to the Forth Andover Town Clerks office on August 30, 2001. The Town of North Andover Zoning Board of Appeals, after publication in Lawrence Eagle-Tribune on September 25, 2001 and October 2, 2001 and due notice sent to all abutter and interested parties, commenced the public hearing on October 16, 2001 at the North Andover Senior Center at 120R Main Street,North Andover,MA 01845 (the "Senior Center"). The Applicant granted a written extension for the commencement of the public hearing on this date. Subsequent sessions of the public hearing were held on November 13, 2001, December 4, 2001 (continuance only), January 15, 2002 (continuance only), February 12, 2002 (continuance only), March 12, 2002, April 9, 2002 and April 24, 2002 at the Senior Center. North Andover Zoning Board of Appeals members present at all sessions of the public hearing on this application were Robert Ford, John Pallone,George Earley and Ellen McIntyre. During various sessions of the public hearing, Meetinghouse Commons, LdL,C was represented by the fallowing: Thomas Zahoruiko, Manager of Meetinghouse Commons,LaL,C, 185 Hickory Hill Road, North Andover, MA, :Brian C. Levey,Esq., Bowditch &Dewey, L,L,P, 161 Worcester Road, Framingham, MA 01701, Dermott J. belly, Dermott J. Kelly Associates, Inc., Two Dundee Park, Suite 301, Andover, MA 01801, Christian C. Huntress, huntress Associates, 17 Tewksbury Street, Andover, MA 0 180 1, Mark Gross, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, NH 03079 and Michael Howard, Epsilon Associates, Inc., 150 Main Street,P.O. Box 700,Maynard, MA 01754. The public hearing was closed on April 24, 2002. �E e s�'6 4 1 P � The Applicant has selected Citizens Housing and Planning Association (CHAPA) as the agency to monitor the resale of affordable units. If Meetinghouse Commons is unable to reach agreement with CHAPA, then it will secure an agreement with another nonprofit or public entity for such purpose. SPECIFIC FINDINGS OF FACT 1. The Applicant. The applicant, Meetinghouse Commons, LLC, is a "limited dividend organization" as that terra is used in Massachusetts General. Laws chapter 40B, § 21 and 760 CMR 30.02 and will sign a regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Meetinghouse Commons is a qualified applicant pursuant to 760 CMR 31.01 since (a) it is a limited dividend organization, (b) the project is fundable by the Federal Horne Loan Bank of Boston's (FHLBB)New England Fund through a participating lender, and (c) has site control as that term is used in 760 CMR 31.01 by virtue of executing a purchase and sale agreement for the acquisition of the property from the present owner, H. Michal Srnolak, Jr. as Trustee of the Smolak Farm Realty'Trust. 2. Statutory Minima for Low and Moderate_Income Housing. The'Town of forth Andover has not met any of the statutory minima set forth in Massachusetts General Laws chapter 4013, § 20 or 760 C.M.R. 31.04. 3. The Proms. The project, as shown on the final plans,consists of 88 condominium units in 48 residential buildings and an additional community building, and a total of 280 garage and exterior parking spaces and related improvements. The project is to be known as "Meetinghouse Commons". 4. Affordable Housing to be Provided. Twenty-five percent (25%) of the units or 22 units will be"low or moderate income housings as that term is defined in G.L.c. 40B, § 20. Meetinghouse Commons has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a terra of 99 years or, in the event of approval of an affordability restriction by the Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction, from the date of this decision, as specified in the conditions to this decision. 5. Access and Traffic Issues. The only means of access to and from:the site will be via South Bradford Street from Dale Street. The North Andover Zoning Board of Appeals found that the proposed access is properly designed and safe to accommodate the needs of the project for ordinary and emergency services. 6. SUODort by Town Board and Agencies. wring the course of the hearings, the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards and agencies including the Department of Public Works, Police Department, Fire Department, Conservation Commission, Planning Beard, and Board of health. The Applicant has addressed these concerns adequately and there are no outstanding issues. 7. Consistent with Local deeds. The project, as approved and conditioned by the Zoning Board of Appeals, is consistent with local needs within the meaning of G.L.c. 40B, § 20. &a 9 331 GENERAL FINDINGS OF FACT The North Andover Zoning Board of Appeals made the following findings of fact and decision subsequent to the hearing. These findings are based on submissions that include,but are not limited to, the following materials that are on file at the Office of the North Andover Zoning Board of Appeals: 1. 'Traffic Impact&Access Study, Proposed Residential Development Project, Dale Street, North Andover,IAA,prepared by D.J. belly Associates, Inc. for Meetinghouse Commons, LLC dated August 2001 (revised March, 2002); 2. Fiscal Impact Analysis prepared by Meetinghouse Commons, LLC for the North Andover Zoning hoard of Appeals dated December 4, 2001; 3. Storrnwater Management and Drainage Analysis prepared by MHF Consultants, Inc. dated December 21, 2001; 4. Time Travel Survey Comparison prepared by Dermott J. Kelly dated October 12, 2001; 5. No-Cut Buffer Restriction; 6. Conservation Commission Order of Conditions dated March 27, 2001; and 7. Certified list of Abutters. The Applicant submitted plains prepared by Huntress Associates, Inc.,MHF Design Consultants, Inc. and Epsilon Associates, Inc. to the North Andover Zoning Board of Appeals with 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 and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted several sets of revised plans to the North Andover Zoning Board of Appeals. The final revision date on the playas is April 17, 2002. As a result of numerous revisions, all issues raised by Town boards and agencies have been addressed by the Applicant. Prier to the close of the public hearing, the North Andover Zoning Board of Appeals received and considered written communications from Meetinghouse Commons,consultants to Meetinghouse Commons, Town boards and agencies, the Zoning hoard of Appeals' outside consultant and various residents of North Andover. Ira 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, playas and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. This review was paid for from funds received from the Applicant for this purpose. The LO ` 8941 PG .9 Applicant has satisfactorily addressed the issues raised by the consultant and, where appropriate, has revised its plan to address these comments as shown in the final revised plans dated April 17, 2002. The project is located in a Residential 1 zoning district adjacent to the South Bradford Street/Dale Street intersection in North Andover, Massachusetts. The site consists of approximately 32 acres of land and 60 feet of frontage on bale Street. The land is currently undeveloped. The Sg residential units (including 22 affordable units) will be housed in 48 residential buildings, a combination of detached single-family homes and a multi-family structure. The project will include a community center building that will contain a maintenance office, maintenance/storage area, exercise rooms,bath and shower facility,large and small meeting rooms and a kitchen. It will also contain a temporary sales office until all units are sold. The project will have a total of 280 garage and exterior parking spaces. Lighting and landscaping will be supplied in accordance with the approved plans. The project will be governed by a condominium association which shall be responsible for snow removal, trash removal, rubbish removal, recycling materials removal, road maintenance, and storm drainage maintenance on the premises. The Town shall not be responsible for these services either now or in the future. The wetlands on the site are the subject of an Order of Conditions which was issued by the Conservation Commission while this application was pending before the Zoning Board of Appeals. The site is owned by H. Michael Smolak, Jr., as Trustee of the Smolak Fain Realty'Trust. The Applicant has submitted evidence of site control to the North Andover Zoning Board of Appeals as required. For title reference purposes see deed recorded with the Essex forth Registry of Reeds in Book 6333, Page 359, see also deed recorded in Book 1467, Page 64 and Essex County Probate Court Docket No. 357304, and more particularly described as portion of Parcel 1, #9 as well as Parcel 2 in said deed. The site is also identified on the'Town of Forth Andover Assessor's Map 104C as Lot 28 and a portion of Lot 31. Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Salem Five Cents Savings Bank, a participating lender with are office in Salem., Massachusetts. Salem. Five reviewed the application and issued a project eligibility letter to the Applicant dated August 30, 2001. As a result of the decision by the Massachusetts Housing Appeals Committee and Stuborn Limited Partnership v. Barnstable Board of A als, No. 98-01 (March 5, 1999), the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, in response to comments from the Zoning Board of Appeals, other Town boards and residents, Meetinghouse Commons reduced the number of units from 93 to 88. Meetinghouse Commons also agreed to a 140-foot wide no cut buffer zone in the southeast portion of the site to serve as a buffer between the project and an existing residential neighborhood. The restriction precludes the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities on the portion of South Bradford Street south of the project. The Applicant also agreed to numerous traffic mitigation measures. do -1` 1 P 2_95 DECISION Based on the above findings,on April 24, 2002, the North Andover Zoning Board of Appeals voted unanimously (4-0) to grant Meetinghouse Commons a Comprehensive Pewit for the project subject to the following 61 conditions set forth below and the waivers set forth in attached Exhibit 1. COMPREHENSIVE PERMl`T CONDITIONS The Project 1. The project and the property shall be built substantially in accordance with the plans endorsed by the forth Andover Zoning Board of Appeals (the "Board") and referenced below (the "Plans"). 2. The Plans are as follows: Plans Entitled: Site Development Plans for Meetinghouse Commons at Sm lak Farms South Bradford Street North Andover, MA Sheets 1-45 Prepared for: Meetinghouse Commons, LLC 185 Hickory Mill road North Andover, MA 01845 Prepared by: Huntress Associates, Inc. 17 'Tewksbury Street Andover, MA 0 18 10; MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079; Epsilon Associates; Inc. 150 Main Street Maynard, MA 01754 Original Date: July 20, 2001 Final revision date: April 17, 2002 3. The Flans shall not be substantially changed, altered or reconfigured in any way without an amendment to this decision, after notice and hearing by law. No use, structures or improvements substantially different from those contemplated by the flans shall be deemed permitted by virtue of the ranting of this decision. The Board hereby approves the Plans and shall endorse the Plana of Land (Sheet 3A) showing the lot for the Project. The Building Commissioner shall make the determination whether any proposed change is substantial. W11 XJr I 4. The project shall consist of eighty-eight (88) units, a community center building in accordance with the plans (the "Project"). Twenty-five percent (25%) of the eighty-eight (SS) units or twenty-.two (22) units shall be affordable as provided below. 5. The 8$ residential units will be contained in forty-eight (48)residential buildings. The community center building will contain a maintenance office, maintenance/storage area, exercise rooms, bath and shower facility, large and small meeting rooms and a.kitchen. It will also contain a temporary sales office until all units are sold. 6. The Project will have a total of 280 garage and exterior parking spaces as shown on the Plan. 7. Lighting shall be substantially in compliance with the Lighting Plan included in the Plans. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. S. Screening and landscaping shall be substantially in compliance with a Landscaping Plan included in the Plans. 9. prior to the commencement of construction, Meetinghouse Commons,LLC (1v HQ shall cause a document to be recorded at the Essex North Registry of Deeds in Lawrence for the 140-foot wide No-Cut Buffer Zone shown on:the Plans. This restriction will preclude the cutting of trees and vegetation within this area except as necessary to install, maintain, repair or replace utilities in the portion of South Bradford Street south of the Project. MHC shall submit to the Building Commissioner a certified copy of the recorded document. Affordable Housin 10. The sale and resale of twenty-five percent (25%) of the units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development(the 66A.ffordability Requirement"). 11. Prior to the sale or re-sale of any affordable unit in the Project, a proposed form of Deed Rider shall be submitted to the Board for review and approval. The Deed Rider will be attached to and recorded with the deed for each affordable unit in the Project at the time of each such sale or re-sale. The Reed Rider shall mandate that affordable units be sold and resold subject to the Affordability Requirement for the longest period allowed by law or in perpetuity. The Board's approval of the Deed Rider shall not be unreasonably withheld and shall be issued in no later than thirty (30) days after submission of such Deed Rider. 12. Prior to submitting the proposed Deed bider to the Board for approval, MHC shall use its best efforts to obtain any necessary governmental approvals so that the term of the Affordability Requirement in the Deed Rider is in perpetuity. In the event that such a perpetual restriction is not approved by the governmental entity or is not otherwise permitted by law, the Reed bider shall include Ra&, P G 2 9 7 an Affordability Requirement for the longest period allowed by law, but in no event less than ninety- nine (99)years. ?Moreover, in the event that the Affordability Requirement is not perpetual, MHC shall submit to the Board written evidence of its efforts to secure approval of the perpetual restriction and any written denial thereof and grant to the'Town of North Andover or its designee in the Deed bider a right of first refusal upon the expiration of the Affordability Requirement, in a form mutually acceptable to counsel for 1MHC and Town Counsel, for all affordable units. 13. IMHC will comply with all the requirements of the New England Fund(NEFF) as administered by the Federal Horne Loan Bank of Boston (FHLBB)by and through the actual financing bank (Bank). 14. 1MHC and the Bank will execute a Regulatory Agreement which shall be recorded at the Essex North Registry of Deeds in Lawrence with marginal notations. The Regulatory Agreement shall require that 25% of the units at the Project be sold and resold subject to the Deed Rider with the Affordability Requirement and that MHCs profit is limited to 20% of the total development cost of the Project as defined by regulations of the applicable FHLBB/NEF program. 15. The Board shall have the right to approve the form of Regulatory Agreement which approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. 16. Prior to the issuance of a building permit, the Board must have approved the form of the Regulatory Agreement which approval shall not be unreasonably withheld or delayed. 17. Prior to the issuance of a certificate of occupancy, the forth Andover Housing Authority, Town of forth Andover Community Development Division and 1MHC shall agree upon the rules for the selection of buyers of affordable units (the "Buyer Selection Rules"). The Buyer Selection Rules shall provide that all affordable units are to be sold through a lottery or buyer selection process in accordance with Massachusetts Department of Housing and Co -nunity Development (DHCD) regulations and guidelines, if any. The Buyer Selection Rules shall also provide that to the maximum extent provided by law, residents of the Town of Forth Andover shall be given preference in the lottery process; provided, however, that in no case shall local preference be granted for more than seventy percent (70%) of the affordable units. The Forth Andover Housing Authority and/or the Town of North Andover Community Development Department will be responsible for implementing the buyer selection process. MHC`,will be responsible for all reasonable fees and expenses necessary to implement the buyer selection process and shall have the right to review such fees and expenses in advance. 18. Prior to the issuance of a certificate of occupancy, MHC will execute a Monitoring Services Agreement with the state non-profit housing organization, Citizen's Housing and Planning Association (CHAPA) to monitor the Project. If, for any reasons MHC is unable to retain CHAPA, then it shall secure such an agreement with another non.-profit or public entity. 19. From the exterior, affordable and market rate units shall be indistinguishable from one another. No two affordable units shall be located adjacent to one another. Affordable units shall be interspersed throughout the Project. BK 8941 PG 10-98 Age Restriction 20. 1l HC will develop the wits at the Project for sale as condominiums and not as rental waits. There shall be a Master Deed and Condominium'Trost for the Project(the "Condominium Documents") which shall both include a provision to this effect. 21. All of the occupied units at the Project shall be occupied by at least one person who is age fifty-five (55) or older(the "Qualified Occupant"); provided, however, that in the event of the death of the Qualified Occupant(s) of a unit, or the foreclosure or other involuntary transfer of a unit, a two year exemption shall be allowed to allow for the transfer of the unit to another Qualified Occupant(s) (the "Age Restriction") so long as the provisions of the dousing saws (defined below) are not violated by such occupancy. The Age Restriction is intended to be consistent with, and is set forth in order to comply with the Fair lousing Act, 42 USC section 3607(b), as amended, the regulations promulgated thereunder,24 CFR Subtitle 13, Ch. 1, section 100.300 et seq. and M.O.L. c. 151B, section 4 (the "Housing Laws"). 22. The Age Restriction shall be incorporated into the Condominium Documents which shall also include additional rules and exceptions to the Age Restriction consistent with the Mousing Laws so long as the Condominium Documents do not require more than one Qualified Occupant per unit. Prior to the issuance of any certificate of occupancy,provisions in the Condominium Documents concerning the Age Restriction shall be approved as to form by Town Counsel whose approval shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty(60) days after submission. Condominium utters 23. The Condominium Documents shall include a provision(s) that is not less restrictive than the following: Any lease or rental of a unit by a unit owner, other than by MHC, shall be subject to the following conditions: 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 terns of not less than six (6)months; 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 Condominium Documents including the Age Restriction; f. A copy of the lease or rental agreement shall be provided to the Condominium Trust; and g. With respect to affordable units, leasing or rental shall be prohibited except as otherwise provided by the Regulatory Agreement and Reed Rider which shall incorporate the items (a) through (f) above and further provide that in no event shall an affordable unit be rented at market rate V 1P :'s c q a ass '- 24. The Condominium Documents shall include a provision that no vehicle shall park so as to impede travel in the access lanes at any time,except those allowed by regulation of the Americans with Disabilities Act or those vehicles temporarily on the site including, but not limited to, vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private transportation, agricultural vehicles or vehicles of an emergency nature. It shall also include a provision that vehicles shall not obstruct fire lanes and that this provision shall be enforced by the designated agent (s) of the Condominium Trust. 25. MHC will be responsible for the snow removal, trash removal,rubbish removal, recyclable materials removal, road maintenance, and storm drainage maintenance on the premises until such time as the organization of condominium unit owners controls the condominium at which time these responsibilities shall be assumed by the organization of condominium unit owners in perpetuity. The Condominium Documents shall include a provision to this effect. The Town of North Andover will not provide these services to this project. Water and Sewer 26. The water line will be built in accordance with the flans subject to reasonable modifications and approval by the North Andover Department of Public Works (DPW). 27. MHC will construct the on-site water line at its own cost. 28. MHC shall submit to the DPW water line plans and information including, but not limited to, cross connection details and proper backflow information regarding water tie-ins and the type and size of water services for DPW approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the water line plans and information and shall not withhold approval where MHC complies with such standards. 29. The sewer line and sewer pump station will be built in accordance with the Plans.subject to reasonable modification and approval by the DPW. 30. MHC will construct the on-site sewer line at its own cost. At its own cost, MHC will also construct the sewer pump station in order to meet the design capacity for the phase 3D Dale Street sewer extension. 31. MHC shall submit to the DPW drawings and specifications of the sewer line and sewer pumping station for approval which shall not be unreasonably withheld and shall be issued in a timely fashion but in no event later than sixty (60) days after submission. The DPW shall apply applicable state standards and generally accepted engineering standards to the drawings and specifications and shall not withhold approval where MHC complies with such standards. 32. MHC shall obtain all necessary easements for any off-site sewer line or pump station. E.9 h 9 1 e �e 06 Roads and Traffic Mitigation 33. There will be one driveway to and from the site located on ghat is commonly known as South Bradford Street. 34. roadside vegetation, topographic ground elevations, landscaping, adjacent to the site access/egress driveway shall be maintained so as to maintain adequate sight distance. The sight distance maintenance triangular area shall extend back 20 feet from the edge of Dale Street along the site access/egress driveway (representing an exiting vehicle) and up to 400 feet along Dale Street to the east and west (representing an approaching vehicle). MHC will be responsible for the maintenance required under this paragraph until such time as the organization of condominium unit owners controls the condominium at which time this responsibility shall be assumed by the organization of condominium unfit owners. 35. The access/egress driveway shall consist of a 22-foot wide cross section with one 11-foot wide lane for entering traffic and one 1 l-foot wide lane for exiting traffic. 36. At the intersection of the access/egress driveway and Dale Street, egress movements shall be under stop sign control with a painted STOP bar and a single white lane line separating the right-turn lane from the left turn lane. There will be sufficient overhead street lighting and a painted crosswalk at the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 37. Up to three(3)intersection warning or traffic control signs shall be placed both east and west of the intersection of the access/egress driveway and Dale Street as reasonably determined by the DPW. 38. Except as otherwise provided by law, children eligible for school busing will be picked up and discharged only at the beginning of the access/egress driveway along Dale Street. 39. There will be handicapped accessible curb cuts at all locations throughout the project where sidewalks cross over streets. 40. Prior to obtaining a building permit, in addition to the conduits required to serve the Project, N4HC will install at least two (2), four inch conduits for either telecommunications, utility or signalization expansion at the intersection of Dale Street and the access/egress driveway. 41. MHC shall erect at least three (3) signs on its property identifying access to the abutting Essex County Greenbelt trail system. 42. Prior to the commencement of construction,MHC will post a bond or security in the amount to be determined by the DPW,in a mutually agreed form,to cover the cost of the paving the access/egress site driveway within the Town's right of way at the intersection of Bale Street and constructing the on-site water lime, on-site sewer lime and off-site sewer pump station. 3 Fire Protection 43. Attached multi-unit dwellings shall be equipped with sprinklers in accordance with NFPA 13D and the State Building Code. Further, MHC voluntarily agrees that detached single family dwellings shall be equipped with similar sprinklers. 44. There will be one master lire alarm box at the entrance to the property. 45. Fire hydrants will be installed in accordance with the Plans. 46. Fire lanes for each building will be clearly marked at the site. Pre-Construction batters 47. Prier to the commencement of construction,MHC shall furnish the Building Commissioner with the recording information for the Plans (with any revisions necessitated by this decision) which shall be recorded with the Essex North Registry of Deeds in Lawrence. All such recorded plans shall be stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. 48. Prior to the commencement of construction, MHC shall submit a certificate of insurance, which shall include coverage for general liability, automobile liability, umbrella coverage, and Workmen's Compensation to the Building Commissioner. 49. Prior to obtaining a building permit,MHC shall submit to the Building Commissioner and the Board for review and approval final construction drawings and final site plans stamped by a registered professional civil engineer, registered professional land surveyor and architect of the Commonwealth of Massachusetts. Approval shall not be withheld so long as the said final plans are in substantial compliance with this decision and the Plans and, in such case, such approvals shall be granted within sixty(60)slays of said submission. 50. Prior to obtaining a building permit, MHC shall obtain confirmation from the Conservation Commission that the applicable drainage improvements have been constructed in accordance with the Plans. Applicable Law and Enforcement 51. All waivers requested by MHC in the attached Exhibit 1 from all local bylaws, rules, regulations and codes are hereby granted. ac & =.. E 1 52. The Project shall comply with all applicable state and federal laws, statutes and regulations including, but not limited to, the Massachusetts Wetlands Act, State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and Fire Codes. 53. The Project will comply with handicap accessibility provisions of the Massachusetts Architectural Board Rules and Regulations, 521 CMR. 54. MHC has obtained an Order of Conditions under the 310 CMR 10.€ , the Wetlands Protection Act Regulations, from the Conservation Commission. The Order of Conditions evidences compliance with Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy. 55. If applicable, MHC shall obtain a Massachusetts Environmental Policy Act (MEPA) certificate and/or a Sewer Extension/Connection Permit from DEP. 56. During construction, MHC and its agents and contractors shall adhere to all state and federal laws and regulations regarding noise, vibration, dust and blocking 'Town ways. At all times, MHC shall use reasonable means to minimize inconvenience to the residents in the area. 57. The Building Conunissioner shall be the authorized agent of the Board and/or the Town of North Andover for the purpose of enforcing the conditions, restrictions, or requirements of this decision and is authorized to commence proceedings in Massachusetts Superior Court for this purpose. Term and Lg se 58. This decision shall run with the land. 59. This decision shall be null and void in the event that MHC does not commence installation of utilities and/or roadway within three years of the date hereof,not including such time required to either(1)pursue or await the determination of any appeal from the grant of this decision or the issuance of an Order of Conditions from the Conservation Commission,or(2) pursue or await the determination of an appeal from the issuance of the Order of Conditions or any other permit relating to the construction and/or maintenance of the Project. 60. This decision is conditional on MHC or its designee obtaining a fee simple interest in the real estate. 61. This decision and the foregoing conditions apply to MHC and its successors and assigns. "31941 RG EI- IBTI' 1 LIST OF EXEMPTIONS As a part of its application for comprehensive permit under Chapter 40B, §§ 20-23, of the General Laws of the Commonwealth of Massachusetts, Meetinghouse Conunons, LLC seeps and the Board hereby grants the exemptions from or waiver of all local by-laws, rules,regulations, permits and approvals, set forth below: I. North Andover Wetlands Protection By Law and North Andover Wetlands Protection. Regulations Local Regglation Re uired Linder By-law Pro osed North Andover Wetlands Protection Local Wetlands Permit Order of Conditions Bylaw and Regulations. issued in accordance with obtained from the North Town of North Andover Andover Conservation Wetlands Protection Bylaw Commission under the and Wetlands Protection State Wetlands Protection Regulations Act; M.G.L. c. 131, sec. 40 ("Wetlands Act") and 310 CMR 10.00 ("Wetlands Re lations"). 11. North Andover Zoning 13 Local Re lation Re uirement Pro osed Section 1: Purposes Promotion of health, A waiver is requested from safety, convenience, this Section where the morals and welfare of the regulations vary and/or are inhabitants of the Town of in conflict with the North Andover, as regulations pertaining to provided by Chapter 40A, comprehensive permits set of the General Laws of the forth in Chapter 40B of the Commonwealth of General Laws of the Massachusetts, as amended Commonwealth of by Chapter 8, Acts of 1975, Massachusetts, which shall and as they may be further govern this application. amended. Section 4: Buildings and Uses Permitted §4.1.1,I Uses Allowed Only the designated uses of :More than one family land, buildings, or part dwelling on the lot; a thereof and uses accessory multi-fancily dwelling thereto are permitted in building on the lot; a Residence l District.. See community meeting house 34 1 P' Summary of Use (containing an exercise Regulations, table attached area, conference meeting ("Use Table"). rooms, kitchen, maintenance area, temporary sales center until all units are sold and a management office). See Use Table, attached. §4.1.1.5 roads No private or public way Private or public ways giving access to a building located in and through a or use not permitted in a residential district to residential district shall be provide access to multi- laid out or constructed so family residences and other as to pass through a uses. residential district. §4.121.1 Dwellings one family dwelling, but Multi-family residential not to exceed one dwelling and other uses on a single on any one lot. lot, including two residential buildings (containing 42 residential units), 45 detached dwellings, one community building. §4.137 Flood Plain Flood plain district Compliance with performance standards referenced in 310 CMR 10.57 Gone A® 100 Year Floodplain), regulating bordering land subject to flooding. §4.2 Phased Development Phased development by- Complete exemption lava. requested. §7 Dimensional Requirements §7.1 loot Area ! Minimum lot areas for R-l. Single family and multi- use district are set forth in family residential uses on a the Summary of single lot which exceeds 30 Dimensional acres, see Dimensional Requirements, table 'fable. attached ("Dimensional Table"). §7.1.1 Contiguous Buildable Area; Various dimensional Structures located as shown §7.1.2 Lot Width; §7.1.3 requirements for R-1 on Plans and described in Restrictions on Lot Area, C13A, and district, summarized in Dimensional Table, Street Frontage; §7.2 Street '€ table attached, Summary-of attached. i N44 PG 705 Frontage; §7.2.1 Access Across Dimensional Street Frontage; §7.2.2 Frontage Requirements. Exception; §7.3 Yard Setbacks; §7.4 Building Heights; §7.5 Lot Coverage; §7.6 Floor Area Ratio; §7.7 Dwelling Unit Density; §7.8 Exceptions. §8 Supplementary Regulations Two spaces per dwelling At least two spaces per §8.1.2 Uses and Minimum Spaces unit. dwelling unit (garage or Required For Off-street Parking exterior spaces). §8.1.3-12 Parking Various requirements 280 garage and exterior relative to sufficient parking spaces (9'x18' or quantity and sizes of larger) in locations shown parking spaces and on Plans. locations of parking spaces. §8.3 Site Plan Review Special Permit required for Project governed by terms f residential sites other than and conditions of single family and two Comprehensive Permit. family dwellings. §8.5 Planned Residential Special Permit required for Project governed by terms Development planned residential and conditions of developments consistent Comprehensive Permit. with the procedures and conditions set forth in this section. §8.7 Growth Management Limitations on the number Complete exemption of building permits to be requested. issued town-wide in any year(except for dwelling units for senior residents). §10 Administration Regulations for the Project governed by terms issuance of Special and conditions of Permits. Con! rehensive Permit. §11 Planned Development Districts Regulations for issuance of Complete exemption Special Permits for requested. construction of a planned development district. §14 Independent Elderly Housing Regulations for issuance of Project governed by terms a Special Permit to allow and conditions of independent elderly Comprehensive Permit. housing. 4 x 89141 PG 0 IIL North Andover Subdivision Rules and Regulations Local Regulation Re uired Pro sed Town of North Andover, Regulations pertaining to Roads and utilities to be Massachusetts Planning Board Rules subdivisions. constructed in accordance and Regulations Governing the with the Plans and Permit Subdivision of Land in Forth Conditions. Andover, Massachusetts (November, 2000) IV. Forth Andover Board of Health Regulations Local Re ulation Re uired EMpq.,sed Town of North Andover Minimum Local Title V Regulations; On-site serer lime and off- Requirements For the Subsurface regulations regarding the site sewer pump station, Disposal of Sanitary Sewerage; connection of new sewers constructed at Applicant's Rules and Regulations for to the public sever. cost, as per Plans and Governing the Installation of Sevier Permit Conditions. Services. V. Bonds Local Regulation Re uired Pro Deed Town of North Andover Cash bonds required for In lieu of such cash bond, Requirements For Cash Bonds building projects. other bond or security shall be provided as set forth in the Permit Condition No. 42. TABLE I: SUMMARY OF USE REGULATIONS Permitted Use Res As Proposed 1,2,3 Agricultural Use Yes Yes Art Gallery No No Auto Service Station No No Auto&Vehicle Repair No No Body Shop Bus Garage No No Business&Other Offices No Yes(Condition S) Car Wash No No Congregate Housing No No Continuing Care Retirement Yes Yes Center Eating&Drinking No No Establishment Funeral Parlor No No Golf Course Yes Yes Guest House No No Independent Elderly Mousing Yes Yes Indoor Place of Amusement or No Yes(Condition 5) Assembly Indoor Ice Skating Facility No No Lumber,Fuel Storage or No No Contractor's Yard Manufacturing No No Medical Center No No Motel or Hotel No No Multi-Family Dwelling&Apts. No Yes(Condition.5) Municipal Recreational Areas Yes Yes New Car Sales No No Non-Profit School Yes Yes Nursing&Convalescent Sp Sp Homes One-Family Ravelling Yes Yes Establishment Personal Services No No Place of Worship Yes ` Yes CN't 8 9 4 1 P TABLE II: SUMMARY OF DIMENSIONAL REQUIREMENTS Res As Proposed 1 Lot Area Min. S.E. 57,120 57,120 Height Max (ft) 35 65 Street Frontage Min. (ft) 175 60 Front Set-Back Min. (ft) 30 30 Side Set-Back 5 Where Min. (ft) 3 30 property abuts Town forest. Rear Set-Back 5 Where Min. (ft) 30 property abuts Town forest. Floor Area Ratio Max N/A N/A Lot Coverage Max. N/A N/A Dwelling Unit Density Max/Acre N/A N/A