HomeMy WebLinkAboutMerrimac Condominiums - Findings & Decision - recorded 11.23.07 r
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ZONING BOARD OF APPEALSZ'Ubert P.Manzi III,Esq. Chairman _ •.; `
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icfmrc J.Borers,E q. Clerk
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Richard M. ,4Ua]c(nrt tD 1`P�`'� gn C' `�{-w; � • .
FINDINGS AND DECISION
Bk 10978 PsP310 3 3 5 1
RE: Application of One Hundred Fourteen Trust
for Comprehensive Permit
DATE: September 11, 2007
PROCEDURAL HISTORY
1. Can or about February 9,200 , One kindred Fourteen Trust, 51 Fount Joy Drive,
Tewksbury, MA 01876 (hereinafter, the Applicant), applied for a comprehensive permit from
the Zoning Board of Appeals (Board), pursuant to G.L. c. 40B, to construct an affordable
housing project at property located off Turnpike Street in North Andover(the Application).
The Applicant proposed to construct "for sale" ninety-five 95 condonuiniurn dwelling units,
consisting of two structures to be called "Merrimac Condor inir�ms" (the"Development"'). As
proposed, the Development would be located on a site with approximately 1 a4.77+/- acres of
land being Map 106 , Lots 6 , 75, 74, and 44 (hereinafter, the Subject Property). Portions of
the Subject Property are located ire the B , R2 and VR,coning districts, as set forth in the North
Andover Zoning By-Law. As noted and conditioned herein, the Subject Property is to
proposed
be re-divided into 4 parcels, a. Parcel A aWa Lot 4NRA consisting of 10.8 acres of land with
frontage on Turnpike Street a s Route 11 ; b. parcel B a 1 a Lot IN-A consisting of 1.9 acres
f land with frontage on Berry Street; c. Parcel C a 1 a,Lot 2N-A consisting of 1.0 acres of
land with frontage on Berry Street; and d. Parcel a Lot -A.consisting of 1.0 acres of
land with frontage on Berry Street
2. A duly advertised pudic hearing was opened on March 8, 2005, and continued to the
following dates:
March 8,,2005
April , 2005
June 7,2005
Nlarl!2,200
April 25, 2006 ATTEST!
June 8,20 ' .•
.� 6 �'#�� .� �t ttE� that twenty }days1 True Copy-
have elapsed from date of decision,filed
August 10, 2006 without filing of an appeal.- 0
�.
September 28,2006 D # � <, ,M
November 2006 Joyce A.Bradshaw T ri-'Clerk
ecebear 1 6
Town Clerk
January 2 , 207
March 1 ,27
1600 .so c cj Stfcet,-Building 20-Suite -36,North Andover,Mas-sachuselts 0184.
Bk 10978 Pg 311 #33515
r
March 29,2007
April 10,2007
May 3,2007
May 9,2007
Jane 121,207
June 28,,2007
. The public hearing was terminated on June 2 , 200 The Board discussed the decision and
the requested waivers during the meetings of August 30, September , and September 11, 2007.
4. During the public hearing the Applicant reduced the number of dwelling units to 52 dwelling
units. Three of the proposed units will be single family homes with frontage on Berry Street.
The remaining 49 units are-located on the 10.8 acre Parcel A with frontage on Turnpike Street
in townhouse buildings proposed as a condominium.
. The documents and exhibits listed in Exhibit B were received during the public hearing.
FINDINGS
.6. The Applicant submitted the following information pursuant to 760 CMR 3 1. 1:
a it is or'ill become a "limited dividendcorporation" as that term is used in G.L.
. 40B, s. 21 and 760 CMR 3 1.01 (1);
h evidence of a subsidy as indicated by the project eligibility/site approval letter of
M ssHo sing dated January 31, 2005 pursuant to its Housing Starts Program and New
England Fund Programs.
e the Applicant alleges "control of the site" as that term is used in 760 CMR 31.019
y virtue of the deed dated November 3, 1994, and recorded at the Essex County
Registry of Deeds at Book 4158, Page 216.
7. The Town of North Andover, according to the DHCD, has not achieved the statutory
minimum set forth in G.L. e. 40B, si 20 and or 760 CMR 31.04 in that affordable housing does
not constitute more than 1 %percent ofthe total number of dwelling units nor is 1.5% ofthe
Town's land area in affordable housing. The Town has a plan for production of affordable units
certified by DHCD.
. The Board retained the following consultants to assist in the review of the application:
Civil Engineers: Van sse, I angen Brustlin, Inc., Watertown, MA
Civil Engineers: Hancock Associates, Marlboro,oro, MA
Traffic Engineers. Judith Kitsch Engineering, Inc., Boston, MA
Special Legal Counsel: Mark Bo rowsl i, Concord, MA
Pro Forma: MHJ Associates, Brookline, MA.
9. The proposed development was reviewed by the following municipal officers or
departments:
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f
Board of Health
Planning Department
Building Commissioner
Conservation Commission
Fire Department
Police Department
Department of Public Works
Town Manager
Board of Selectmen
Housing partnership Committee
10. If developed in accordance with the conditions set forth herein,the proposed Development
will be consistent with local needs.
DECISION
Pursuant to G.L. c. 40 , the Zoning Board of Appeals of North Andover, after public
hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the
construction on the Subject Property of fifty-two 2 homeownership dwelling units, consisting
of three single family homes and forty-nine 49 condominium units, with associated
infrastructure and improvements, subject to the following conditions. The term 'Applicant" as
set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The
terra "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise
indicated herein, the Board may designate an agent or agents to review and approve matters set
forth herein.
Conditions
1. The Development shall be constructed in substantial conformance with the plans of record
set forth below. Any change shall be governed by the provisions of 760 CMR 31.03.
Prepared by Sheet Title Date
Patrick C.Garner, R.P.L.S.#3266 11 1 of 7 Multi-Family Units, 3 22 07
Patrick C.Garner, Company, Inc., 109 49—Chap.40B Residences,
Whitneystreet,N rthboro h, Mass. North Andover, Mass.
Patrick C. Garner, R.P.L.S. #321, 2 of 7 Building Layout Plan 227
Patrick C. Garner,company, Inc. 4 ,Chap.40B Residences, 3 2 /0 7
North Andover, Mass. 4 7
Patrie .Garner, R.P.L.S. #3 2661, 3 of Building Layout Plan 3/22/ 7
Patrick C. Garner, Company, Inc. 4 —Chap.40B Residences,
North Andover, Mass.
Patrick C. Garner, R.P.L. . #32 1, 4 of 7 Drainage&Util. Plan 3 22/ 7
Patrick C.Garner,Company, Inc. 49—Chap.40B Residences,
North th ,n r,Mass.
Patrick C.Gagner, R.P.L.S.# 1, 5 of Drainage& Util. Plan 3/22/ 7
Patrick C. Garner,Company, Inc. 4 Chap.40B Residences, 407
North Andover,, Mass.
2 05-003#Page
Bk 10978 Pg 313 #33515
Patrick C.garner, l .P.L.S.#326611 6 of 7 Landscaping Plan 3/ 2/ 7
Patrick C. Garner, Company, Inc. 4 ----Chap.40B Residences,idences, 6/07
North Andover, Mass.
Patrick C.Garner, .P.L.S.#326615 7 of Landscaping Plan 22 0
Patrick C.Garner,Company, Inc. 49—Chap.4 B Residences,
6 North Andover, Mass.
Patrick C. Garner, .P.L.s.#32661, 1 of 1 Proposed ANR Plan, May 30,2006
Patrick C. Garner,Company, Inc. Lots 1 I-A thru 4I - , Aug 9,2006
North Andover, Mass. 3/26 07
David M.Crawley, Registered tered 1.01 The MerrimacCondominiums', January 1 ,2007
Architect#10 82, David M. Fite 114 St., 1 23/07
Crawley Assoc., Inc., South North Andover
Office 25 sandwich St., Floor Plans Typical Unit
Plymouth, MA 02360,North
Office,39 Adams St.,Actor,
IAA o 172
David M. Crawley, Registered A2.0 1 The Merrimac Condominiums, January 15,2007
Architect#10 82 late 114 St., 1 23 7
North Andover
Floor Plans Typical Units
David M. Crawley, registered A3.0 1 The Merrimac Condominiums,, .January 15,2007
Architect#12 rte 114 St., 12307
North Andover
Five lee Plan& Elevations
David M. Crawley, Registered red Typical Building Cross Section January 15,2007
Architect#1082
2. The Development shall be limited to fifty-two dwelling units on four separate'parcels, on
Parcel A, the Applicant shall locate not more than forty-nine attached condominium dwelling
units, each unit shall contain no more than 3 bedrooms each. on Parcels B, C and D each, the
Applicant shall locate not more than one single family hone containing not more than 4
bedrooms per hone.
3. Twenty five percent 2 % of the dwelling units, which, as proposed, is thirteen l of the
dwelling units (the "Affordable Knits" , shall be-reserved in perpetuity for sale to households
earning no more than eighty percent 0% of the median household income for the Lawrence
PMSA., or applicable PMSA in the event of a change. All of the Affordable Units shall be
located on Parcel A; none of the Affordable Units shall be located on Parcel B, C or D. The
price for such Affordable Units shall be set at a price affordable to households earning seventy
percent 0 of the median household income in the Lawrence PM SA, adjusted for household
size, with a five percent % down payment used to calculate such price. If the Development
elopment
is funded by the New England Fund of the Federal Hone Loan'Bank of Boston.,pricing shall be
in accordance with the "Guidelines for Housing Programs in which Funding is Provided
through a l ongoven-irnentalEntity," as published by the DHCD.
4. To the extent permitted by law,preference for the sale ofseventy percent % of the
Affordable Units in the initial round of sales shall be given to persons or families who are first-
time buyers and who are either a persons who have made their primary residence in Forth
Andover; and h employees of the Town of North Andover. The local preference shall be
implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the
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Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All
costs associated with the Lottery shall be exclusively borne by the Applicant.
. Prior to the issuance of any building permit for any unit located within Parcel A, the
Applicant shall prepare the final draft of a Regulatory Agreement and a Deed Rider and submit
sane to the Board for approval with a recommendation as to form by the Board's legal counsel
and for execution by and with the Board of Appeals on behalf of the Torn, such determination
and execution shall he completed and communicated to the Applicant in writing, specifying any
objections,within sixty-five 6 days of the Applicant's submission of its proposed docurnentsi
The form of Deed Rider to be used is the so-called Universal Deed Rider, which Deed Rider has
been approved by Fannie Mae and is designed to preserve the Chapter 40B Affordability
Requirement in the instance of a foreclosure by a.lender. Such document(s) shah contain at a
minimum, the following terms:
(a) The Affordable Units shall be reserved for sale in perpetuity to households earning
not more than eighty percent 0%) of the median household 'income for the Lawrence
PMSA. The price for such Affordable Unit shall be set at a price affordable to
households earning seventy percent 70%) of th median household income in the
Lawrence PMSA, adjusted for household size, with a five percent % down payment
used to calculate such price
(b) The right of first refusal to purchase an Affordable Unit on resale shall be granted to
the Board, or its designee.
(c) The actual Affordable Units shall be identified in the Regulatory Agreement.
(d) The Affordable Gaits shall he owner-occupied only; provided, however, that the
Board may authorize the temporary rental ofsuch unit at a price affordable to a
household earning not more than 0 of area median household income where the
owner demonstrates that there is a bona fide reason for same, such as military duty, or
the life.
(e) The Affordable Units shall remain affordable in perpetuity.
Prior to the issuance of a building permit for any of the three market rate, single-family houses
to be located within Parcels B, C and I , the Applicant shall submit a proper plan conforming
with the Planning Board's Subdivision Rules and Regulations governing ANR endorsement
under G.L. c. 4 l, s. 8 l P in order to create Parcels A, B, C and f . The Board shall complete
such review and endorsement within forty five days of the submission of said plan. The
Applicant shall Mien promptly record said plan with the Registry of Deeds and provide the
Board with proof of recording prior to the issuance of any building permits for Parcels B, C or
D.
6. Prior to the issuance of any certificate ofoccupancy,the Applicant shall enter into a
Monitoring Agreement, approved by the Board after a recommendation as to form by the
Board's legal counsel. The Board of Appeals shad notify the Building Commissioner, in
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writing, of such approval and provide to him or her copy of the Agreement. Such Agreement
shall be consistent with the terms of this Decision and shall contain the following terms:
a. The Monitoring Agent shall be an entity acceptable to Mousing and the Board.
b. All costs associated with monitoring shall be bane by the Applicant, and, after the
first round of sales, by the sellers of the Affordable Units
c. All financial lnforrnation submitted by the Applicant to the Monitoring Agent for the
required cost certification after the first round of sales shall be provided by certified mail
to the Board at the same time.
d. The final cost certification by the Monitor shall be conducted not more than ninety
(90) days after conveyance of the final dwelling unit in the first round of sales.
. The Affordable Units shall not be segregated from the market rate units. The Affordable
Units shall not be substantially different in exterior appearance ftom the standard market rate
units. The market rate, single-family grits to be located within Parcels B, C and D are excluded
for purposes of this provision.
. During construction, the Applicant shall conform with all local, state and federal laws
regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times
use all reasonable means to minimize inconvenience to residents in the general area. Exterior
construction shall not commence on any day before :00 a.m. and shall not continue beyond
:00 p.m; provided, however, that exterior construction shall not commence on Saturday before
9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal
holiday. Hours of operation shall be enforced by the North Andover Police Department.
. Prior to the issuance of a building permit for any dwelling unit to be located within Parcel A,
the Applicant shall submit the following final plans for approval by the Board. The Board may
distribute such plan(s) to its consultants and/or Town boards and officials for a written
recommendation or report.
a. fighting plan;
b. Landscaping, fencing, and plantingplan;
c. Grading plan;
d. Erosion control plan;
e. Architectural plan, including all principal and accessory structures;
f. Utilities plan including water, hydrants, gas, electric, cable, and telephone;
. Signage plan, including signs during the marketing phase;
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a
h. Stormwater management plan;
i. open space and recreation plan;
j. Snow storage and refuse disposal plan;
k. Cutting plan, shoving the limits of clearing;
1. Fire sprinkler plan;
r . Construction management plan.
The Board shall make such determination and communicate sane to the Applicant In writing,
specifying any objections, within seventy five days of the Applicant's submission of its
proposed materials.
10. The Applicant shall design such final plans with the following specifications:
a. The Applicant shall conform with all pertinent requirements of the Americans with
Disabilities Act and Massachusetts Architectural Access Board, if applicable.
h. Except as waived, all signage, including signs to promote sales, shall comply with the
ZoningBy-law and shall be maintained In a sightly condition by the Unit Owners
Association in conformance therewith.
c. The adjacent Hagerty Property shall be screened to minimize light intrusion from
vehicles on the Subject Property.
d. A.brick wall, eight feet In height, shall be erected along the Route 114 frontage
where the front yard setback has been waived to promote safety and protect from vehicle
noise.
e. The final design roadway shall comply, except as waived, with the standards of the
Planning Board's Subdivision Rules and Regulations.
f. An acceptable fence shall be installed between the Subject Property and 1980
Turnpike Street.
11. The Applicant has proposed, and the Board hereby requires,that the following aspects o
the Development on parcel A shall be and shall remain forever private, and that the Town of
North Andover shall not have, now or ever, any legal responsibility for operation,
maintenance, repair or replacement of same:
All roadways and parking areas
Storm water management facilities, including detention basins
Snow plowing
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Landscaping
Trash removal
Street lighting
Building repair and maintenance
.Water and sewer services beyond the individual meter pits
12. The roadway within the Development pment shall not be dedicated to or accepted by the Town
Meeting.
13. The Applicant shall he responsible for the installation, operation, and maintenance f all
aspects of the common r private facilities on Parcel A. set forth above until the final dwelling
unit is conveyed. Thereafter, such facilities shall be conveyed to a Unit Owners Association
and such operation and maintenance shall be the responsibility of said Association. Prior to the
turnover of responsibility to the Association, the Applicant shall provide written evidence to the
Board that a reserve two ninths has been established to fund maintenance and operation. In
the event that a management company is engaged, the Applicant or the Unit Owners
Association shall provide the Board with a copy of the contract.
14. prior to the issuance of any certificate of occupancy on Parcel A, the Applicant shall
establish a Unit Owners Association for all units located within Parcel A. The units located
within Parcels B, C and D shall not be included within said association. Membership in said
Unit Owners Association shall he required by a deed restriction prepared by the Applicant and
approved as to form by the Board's legal counsel prior to execution.thereof. The Board's legal
counsel shall approve such document as to form after detenni .ing that the document is
consistent with this decision, such detennination shall be made and communicated to the
Applicant in writing, specifying any inconsistencies, within thirty 3 days of the Applicant's
submission of its proposed documents. Such Unit Owners Association shall maintain the
facilities set forth above in Condition 11. The Board of Appeals shall notify the Building
Commissioner, in writing, of such approval and provide a copy of the approved documents.
15. The Applicant's registered professional engineer shall prepare guidelines for the operation
and maintenance of the storm eater management system on Parcel A. subject to the approval of
the Board of Appeals or its agent, which may be the Conservation Commission. Such
guidelines shall be incorporated by reference in the organizational documents f the Unit
Owners Association. In the event a management company is engaged, the guidelines shall be
incorporated by reference in the management contract.
16. In the event that the Applicant, its successors, or agent fails to maintain theon-site
wastewater disposal system on Parcel A in accordance with applicable le guidelines for operation
and maintenance,the Town may conduct such emergency maintenance or repairs, and the
Applicant shall permit entry onto Parcel A to implement the measures set forth in such
guidelines. In the evert the Town conducts such maintenance or repairs, the Applicant shall
promptly reimburse the Town for all reasonable expenses associated therewith; if the Applicant
fails to so reimburse the Town, the Tern may place a lien on the Development or any unit
therein to secure such payment, excluding parcels B, C and D.
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1 . All invoices generated by the Board's peer reviewers during the application stage shall be
paid within thirty days of the filing of this decision with the Town derk, whether this decision
is appealed or not. No post-permit reviews of documents or plans shall be conducted until such
invoices have been paid in full. No building permit or certificate of occupancy shall be issued
until such invoices have been paid in full; unless agreed to by and between the Applicant and
the Board.
18. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the
Board's legal counsel for review of the plans or documents described herein or for inspections
during the construction phase. The results of any inspections shall be provided to the Board in
written format, The Board may require the establishment of an escrow account to assure such
payment, with an initial deposit of$10,000.00, subject to replenishment,
19. A preconstruction conference with town departments shall be held prior to the
commencement of construction:
. At such conference, the Board, Building Commissioner, and other town officials shall
review the proposed construction schedule. For the poses of this decisio n "commencement
f construction" shall occur when the clearing and grubbing (removal of stumps and topsoil)
has been initiated. The contractor shall request such conference at least one week prior to
commencing construction by contacting the Board in writing.
b. At the conference, a schedule of inspections shall be agreed upon by the Applic .t,
the Board, and other municipal officials or boards.
20. The Board and/or its agents may enter onto and view and inspect the property during
regular business hours, without notice, to ensure compliance with the terms of this Decision,
subject to applicable safety requirements.
21. The Conservation Commission's order of Conditions pursuant to 3 10 CMR 10.00, or any
order of the Department of Environmental Protection (DE , either if applicable, regarding this
property, shall be made a hart of this comprehensive permit. If there is any inconsistency
between the plan of record for this permit and the plans as may be approved by the
Conservation Commission or the DEP, the Applicant shah submit an amended plan to the
Zoning Board of Appeals and to the Conservation Commission and to DEP (if applicable) for
approval in order that all approvals are consistent with one another. Such submittal shall be
made by certified mail or 1n hand at a,regular meeting. Said amended plan submitted to the
Board shall be accompanied by a letter setting forth any and all changes from the submitted
plan of record and shah include revised drainage calculations, if applicable.
22. No certificate of occupancy for any building or phase shall be issued until the infrastructure
or common facilities or common improvements specified in this decision and set forth on the
plans of record are constructed and installed so as to adequately serve said building or phase, or
{ adequate security has been provided, reasonably acceptable to the Board, to ensure the
completion of such improvements. The choice of perfonnance guarantee shall be governed by
the provisions of G.L. c. 4 1, s. 8 1 U (excluding the statutory covenant which shall not apply in
this matter) and shall be approved as to form by the hoard's legal counsel. The Board shall
notify the Building Commissioner, in writing, of such completion or performance guarantee.
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23. Performance bonds shall be required and shall be released by the Board in accordance with
the Subdivision Rules and Regulations of the Planning Board as determined by the Board.
24, In determining the amount of the bond or surety,the Board shall be guided by the following
forrnuia in setting the sum of the security:
a. the Board's estimate of the cost to complete the work; plus
b. a ten percent margin of error; plus
c. an appropriate rate of inflation over a five year period.
5. All performance bonds shall contain the following provision:
If the Principal shall fully and satisfactorily observe and perform in accordance with the
qualifications and time schedule set forth herein specified all the covenants, agreements,
terms and provisions set forth in the following.
-
a. The plan of record;
br This Decision attached hereto as an exhibit with all attachments thereto;
then this obligation shall be void; otherwise, it shall remain in full force and effect and
the aforesaid sum shall be paid to the Town of forth Andover as liquidated damages.
26. The Applicant shall provide an "as-built"plan to the Board and Building Department prior
r i i
to the issuance of the final certificate of occupancy n the Development n accordance with
applicable regulations, which shall be approved by the Board or its agent. The Applicant shall
provide a separate as-built plan depicting the water mains n i services to the Department of
Public works demonstrating compliance with the Department's rules and regulations and
installation specifications.
27. The construction site shall be secured in a manner approved by the Building Department so
as to prevent injury or property damage to the residents of the Town.
[2 . Reserved]
2 , The following conditions were recommended by the Board's consulting traffic engineers.,
.NEI, Inc., and shall be required:
Install a Stop sign and paint a Stop line on the site driveway;
' Install overhead lighting at the site driveway and Route 11 ;
' Clear vegetation at the site driveway intersection with Route 114 to improve visibility;
Install intersection warning signs along Route 114 in advance of the site driveway;
Paint appropriate pavement markings on-site and at the internal intersections to identify
circulation patterns
Bk 10978 Pg 320 #33515
30. The following conditions were recommended y the Board's consulting civil engineers,
Hancock'Associates, and shall be required:
' The Final Design.Plans and supporting computations for all drainage system
underground infiltration chambers shall demonstrate a two-foot separation to estimated
seasonal high groundwater. Sufficient soil testing performed by a Massachusetts
Certified Soil Evaluator shad be included.
The Final Design Plans shall eliminate driveway conflicts exist between units F3 and H f
and provide ample turning radius for cars in the area of units C2 and D4.
' Final Design Plans shall depict all proposed decks, rails and stairs at the front, rear and
sides of all units.
' The Board finds the submission is not fully comply with the requirements of 760 CM
1.02. The Applicant has requested the Board act based on the reduced project
44concepfl�plans, The Board's Peer Review Civil Engineer did not fully determine if the
design is a sound design conforming to standard engineering practices within the Public
Hearing Process. Therefore, Final Plans shall be accompanied by a full stor mw ter
management calculations prepared by a Massachusetts Registered Professional
Engineer. The calculations shall presented summaries for flows to individual discharge
points demonstrating post-development rates do not increases for the 25 10 and 100 year
2 -hour events toward the isolated wetlands and the rear main wetlands as distinct
discharge points or present sufficient evidence that groundwater is more significant to
sustaining both wetland systems than surface water given the subsurface soil conditions
and relative elevations of the two resource areas.
The Applicant has accepted the risk uncovering technical issue that require modification
to the project layout and being subject to review by the Board under substantial change
provisions of 760 CMR 31.03,possibly necessitating reopening of the public hearing.
The Board reserves its rights under 760 CMR 31.03in review of the Final Plans.
The Final Plans and supporting calculation shall include provisions for providing
additional pre-treatment prior to the infiltration areas. The stormwater management
systems shall fully comply with DEP Stormwater Management Policy.
The ZA's engineer shall approve the maintenance schedule for the storm grater system.
Documents governing maintenance shall contain a permanent guarantee by the owners,
which shall provide for mandatory assessments for any necessary maintenance expenses.
The Applicant shall obtain a National Pollution Discharge Elimination System (NPDES)
Permit from the United states Environmental Protection Agency (EPA).
' Final grading of the site shall not direct additional runoff onto the,property of others..
This project shall not increase the gate of runoff, not cause flood or storm damage to
abutters or the property of others. It shall be incumbent upon the applicant lica.nt to assure
p
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T Bk 10978 Pg 321 #33515
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compliance with this condition. The project applicant owner shall be solely liable for
any damage to other properties as a result of this construction.
The location of all utilities, including but not limited to-underground electric,-telephone,
and cable, shall be shown on the Final Site Plans. All transformers and other electric and
telecommunication system components shall be included on the Final Site Plans.
A, State Highway Access Permit shall be obtained from I ass igh ray prior to any work
or excavation within Route 114.
STOP sign and STOP line shall be installed at the site driveway to Route 114, along
with proper illumination.
Vegetation along the northern side of Route 114 shall be cleared and maintained in order
to improve sight lines. The sight lines shall be of sufficient distance to meet the
customary engineering standards for this location, conforming to AASHTO and 1 H
standards.
' Any signs or landscaping adjacent to the site driveway intersection with Route 114 or
within the Project shall be designed and maintained so as not to restrict lines of sight to
or from the site roadway.
Garages shall be used for parking of vehicles and shall not be converted to living g space.
This prohibition shall clearly appear in all Condominium Documents and individual
deeds. Draft copies of these documents shall be forwarded to the Board prior to
Building permit for review by the Board's Counsel.
' If the completed work differs from that on the original plans and/or conditions listed in
this Comprehensive Permit, a report must be submitted to the Board thirty 3 days
prior to application for the Final Occupancy Permit specifying how the work differs, at
which time the applicant shall first request a modification to the Comprehensive Permit.
Capon review by the Board, the applicant nay request in writing the Final Occupancy
Permit.
Not more than thirty days prior to need for the Final Occupancy permit, the applicant
shall submit with their request for a Certificate of Compliance, an affidavit prepare by
a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the
requirements of this Comprehensive Permit and Final Plans, based upon an on-site
inspection and the referenced site plan. An as-built drawing, prepared by a.Professional
Band Surveyor or Professional Engineer, registered in the Commonwealth of
Massachusetts, and depicting the Final and actual condition of all areas shall accompany
such request.
31. The landscaping shown on Parcel A in the final approved plan shall be maintained in
perpetuity by the Unit Owners Association. Any dead vegetation shall be removed immediately
and replaced in accordance with the specifications on said plan during the life of project by Unit
Owners Association.
Bk 10978 Pg 322 #33515
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32. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth
of Mass chusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for
blasting of the Fire Department.
33. All of the dwellings on Parcel A shall have fire sprinklers in accordance with the State
Building Code as determined by the Board.
34. Parking shall be allowed on Parcel A on one side only of all internal site roadways. The
Applicant shall prepare a revised site plan shoving not less than 14 parking spaces for visitors.
The parking condition shall be placed in the organizational documents of the Unit owners
Association. The Applicant shall submit a signage plan for the Board's approval to ensure-
compliance with this condition. This condition shall be enforced by the Police Department.
35. All ofthe Affordable Units shall have the same package of garage, appliances, fittings, and
fixtures as the base package for the market rate units.
3 . The Applicant shall provide for the irrigation of the Development's landscaping and lawns.
37. The Tern of North Andover and its agents are hereby authorized to enter upon.the Subject
Property for the purpose of maintaining and repairing the water supply system and sewer
system after the connection of the systems to the public domain.
38. The Board of Appeals hereby waives no fees associated with the Development.
3 . Prior to issuance of each certificate of occupancy for a market gate dwelling unit, the
Applicant shall provide the sum of five thousand cellars $5,0 o.00 to the Town, pursuant to
G.L. c. 44, s. 53A, or G.L. e. 401, s. 5B, or other acceptable financing mechanism, for the
purpose of affordable housing or other valid public purpose. The total amount of such
payments shall not exceed one hundred ninety five thousand $1 ,000.00 dollars. The
Applicant shall not appeal this condition to the Housing Appeals Committee.
o. The Applicant has requested, and the Board has granted, the waivers from local rules set
forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer
determines, in the final design of the Project, that additional waivers, not shown on the plans are
required, the Applicant shall be required to obtain such additional waivers after written request
to the Board. The Board may grant such additional waivers in accordance with applicable rules
and regulations.
a- o -Page 1
Bk 10978 Pg 323 #33515
P.,I V OEM
2007 SEP
10
a a,if• d
A
P,11 A S
RECORD OF VOTE
Upon a motion by Richard M. Vaillancourt, and seconded by Thomas D. Ippolito., the Zoning
Board of Appeals voted 4-15 with the Chairman voting in opposition, to grant a comprehensive
permit subject to the above-stated terms during the September 11, 2 007 meeting:
Albert P. Manzi M., EN,-, Chairman
Ellen P. McIntyre, Vice Chairman
Jose D. Grasse,Member
-Thomas D. Ippolito, Associate Member-
-Richard M. Vaillancourt, Associate Me Jf- I
Filed with the Town Clerk on 2007.
2005-003 - Page 14
y
MERRIMAC CONDOMINIUMS EXHIBIT A
_ - D
d
Final Aga:tvers Granted by the ZA.from the North Andover - _
wv and ups and � � ns
Seed' 2
Criteri
101M ___.. _. tRequested waiver&ZBA Vote-
EM , �. . ,_ __ _ -- . _ ,.. --_�
i t 'JL—Joseph D.LaGrasse
' AdNI =Albert P.Manz.1 ffl
T1=Thomas D. Ippolito
hrown of - _.=Richard M. aillaneonrt __
North By-law contains 'no-disturb zone �Applicantrequests ` _.;-- -. ..--. .
wavers `orrr e�_ aad 0° no-disturb/no- uil ones as set forth
Andover wetland and SW no build zone from erin and as in t
di ated on the Site Plan o 'r ord.
. !ProtectionBy-law orderer Vegetative tie Wetland line. I &,.I. CAI `;Ai=DENY '
ad Regulations � �.
-x r�p
hem eraI foals r lot Tom-.�
No-Disturbance done pant requests veer to build units,retainers reads and st
orrn water
i k anage ent devices in this zone as shown on the Site Plan of record. '
-� Ephemeral PoolsNo-Build .. " GRANT-,� � y... ��.,
-foot Zone �Appficant requests waiver to build units and ., }
c o aced items in thi zone as shown on
e Slite Platy of record. �
_. _.T M&JL&TI& � -GRANT; M�•DENY
� -i olated Vegetated
� toot No-Disturbance _
done pplioant requests a waiver From this requirement. Final plans to show replication as �
Wetland �„ icompensation old :I is required a omm nded by worth Andover �
Conservation Commission
I -- . -- Section 6.1
AM—DENY
�sc l ted V'eg tated 150-foot No-Build ,
Zone * p li ant requests waiver from this requirement. Pinar fans to show re licrati"
Wetland ���„ crnpensation off' :1 is required �onaeuded the P rcn a
y North Andover Conservation C�oraalission
'3.4 __ section 6. _ i M&JL& 1 V=GRANT AM=DENY
Permit Applications -foot No- istuxb _' Buffer _. .�. , -- _ - ._ . ...
acne �Applieant requests a waiver for houses l 1-A, N-A and I -A a► a Parcels ,
r Zone ,C : ,ors.
erry St.to build houses,appurtenances and a sanitary sewer through a portion of the?5 �
a
Ipo-chsturb zone,as well as a waiver to build all u nits,and associated items on L of i-A
bd
s shown on the Site Plan of record.
[EM&JUTURV GRANT-
3.4 VeL � getated etated Wetland C Moot No-Build Zone :---- .._.___..�. ._""
Alteration
'Applicant requests a for or houses III-A, N--A and N- a k/a Parcels , �& D on d
Berry St.to build houses,appurtenances and a sanitary sewer throu gh a port of the 4 I p iCO
�o-build zone,as well as a waiver to build all units,and associated items c r�� I.ot -A a,,
h wn on the Si Plan of record.
PM&'JL&TI&RV GRANT AM DEN
Exhibit A Waivcr-2005-003-Page I �
W
Towii O u t+
LI
F"
Ln
.. ested�Waiver.. &ZBA Vote.
. .3 iVe tat d Wettand Aftcration of Wetlands under WPA A-. _� '
pplieant requests a waiver from this require ent. `i 1 plans to Shaw - ,lxcat€on a
j Iteration end bylaw � � ornbined not to a �'
on ended y tl North Andover Conservation Commission.
d 000
ee _ may .fit M ..-L&�`I_ GAT; AM NY
IStonia water �onumssion — . :.
has more restrictive ppli ant requests a waiver that applicant '. -�
� � Leant be held to tie standards defined in �' . �
ana ement and Flood quirer eut than state.
r M M&JL&TI& —GRANT, Ali 1Y �
}
.North Andover
a6 1
I Bylaw..
129 B4 B ui ldija s and u ses Multi a x i1 _- . - Applicant
structures are not requests a waiver to allover multifamily uraits as show on tie Tito plan off`
District ��emiitted}fable 1. Permitted in 4 Zone
cord.
umaiar of use M&JL& I&R - I
_, e u�at" CAN'T,A� �
_ _lon
-----
4,123.7 inns cal to Si not to__" �� � ��#-- Il � .:� . ..--..�. ..�
i exceed pp giant requests a waiver to allow a x47 per anent s� bearing the�a �e of
�he
Y
k development t the entrance,as well as a 4"xmarket I
rig srgr urtl units are sold.
.�. based Developmeftt ha ed a elopment slaw. lieant requests. .. - _
ppa waiver from all phasing re u�rement .
p i
in urr dots developed per ax �&J &T GRANT;AM DENY
- —t)O%of total o =I 1
iron able 2'-
equirements
Table of Dimensional
+
�. one—B4
a (setbacks) runt setback of 1 on Rte 114 [Applicant requests a waiver to 1
�. W
� . � reeni —- PL&TI&RV-_� T; M&AM-�DEFY
... and Requires strip of ' wide with !APPlicant re nests awaiver t{ .a - 11 wooded area between units andproperty line to
� }I nclap� � -e and ll� n a fence 1'at left natural per � r
request that no disturbance occur i this area.
�Requirements abutting; ;least ' high. L&TfR -GRANT;EM&AM DENS
_
.-eszdcntial district
—
00
silagerty on West).
Exhibit A Waiver-2 0 -00 -Page? K)
Ln
W
1
U1
' Section_i� Criterion ._
u1r9equested Waiver&i_ BA
'dote.
Is
ubdivision Rules and
ajdations
. �,jmit the number of imit onedwelling on any
- .._.�.-__ ..�,._..r._�_.. .. .. .._ --T �...... .. _..
y lot pplicant requests pemussion for building 49 dwellings on 10.8 cr lot {
--._—. , ,...._� , _ ,, RANT;AM=DENY -
C F
. .1 iStreet standards for �� f ire.Centerline Radius- ' Applicant r iv t
� � requests� r t 1 a shy.on Site in of nerd.
street L&TI& . GRAN '- EM&AM DENY
. .1 :Street standards for � _�+��rn ro�ancl�a�re d�a.1. � 1i ant requests waiver
� �nninr trei � P � r t sv�r�on Site 1 of record-
-
-- &TI 1 T RAN ';EM&AM=DEN
W
0
CO
w
Exlxibit A Waiver-200 4JO -Rage
w
w
U1
U1
Bk 10978 Pg 327 #33515
Merrimac Condominiumsi It B
Item No. Document From Contents/Notes Item Date
Pre-Meeting
r . Thomas 1 .Gleason,Executive Letter notifying,site approval,"Pith requirements and 1-05 �
Director, Municipality issues about the proposed 40B
--�_ Mas Housin .__
To 3- - 5 One Hundred Fouileen Trust, Affordable Housing Prcpo al—Merrimac Town Clerk, i
2. 51 Mount Joy Drive, � Condominiums, 1 List of Documents,22 BOA 2-9-05
Tewksbury,MA Application[Comprehensive Permit],3) Pro'ect
Eligibility,4)Site Control, Tabular Data, )Plans,
_ Miscellaneous _
3. Susan Sawyer,Public.* Health Memorandum responding to ZBA -1 - 5 memo 2-1 l-05
Director,North Andovet requesting Board/ epartinent conoctns&attached Board
of Health dumpster regulations
orth Andover Zo n i ng board Legal notice[Parcel 63= 10.03 ac., 95 units] Town Clerk
of Appeals(CIA BA _ 2-1 1-
5. Arty.Thomas J.Ur beli ,Town Letter responding to BA-10-05 request -15-0.5
Counsel
6
. C`hiefWilli m V.Dolan,NA � Letter and e-mail response to SBA -� - request 3-1-05
Fire 22artment
7. Mask Rees,Town Manager, Memorandum responding for Board of Selectmen to 3-1- 5
1A ZBA 2-10-05 _
8. One Hundred Fourteon Trust Update March 2,2005 Affordable Housing Proposal 1) ; 3^ - 5
Waivers revised, Permits on mod,3 Curriculum
Vitae
9. , Dermot J.Kelly Associates, Traffic Impact&Access Stud} - r 05
Inc.
280 Main Street,North
Reading,MA
10. �...._.. Alison McKay,NA Memomndum response to ZBA 2-1 - 5 3- - 5
Conservation Administrator
11. Jack Sullivan,Director of Memorandum to ZBA -10-05 3-3-
Engineering,NA DPW
12. Lincoln Daley,NA Town E-mail response to ZBA -1 - 5 3- - 5
Planner
To 4-4-05 U.Jahn Camey,IAA Police Memorandum response to ZBA 2-1 - 5 3-1 -05
r 13, Dept.
14. Nathalie.Voiles,89 Windsor Letter to Neigbbors and Abutters,3-1 -05, 1 North Reed
Lane Andover clipping o1'3-4-05, Letter excerpt, 40 3-2 -05
i attires
15. One Hundred Fourteen Trust Update April 4,21005 Affordable Housing Proposal 1 3-30- 5
Response to comments, Waivers rs updated 3 Site plans
updated
To -7-0 E11en P. McIntyre,Chair, Letter to Heidi Griffin,Director,IAA Community——
ommunit —— 4-13- 5
16. North Andover Zoning Board Development re: 10.03 acres vs. 14-77 acres.
of l
17. Attyr Donald F.Borenst in, setter to Sarah Hall, Ma s ousin re Entirety o -13-05
Law Office of Mark B. applicant's property, 14.77 acres,will be included within
Johnson, 12 C hl ,-strut St., the proposed project.
Andover,MA
18. -..t. i 1 athalie Wiles,89 Windsor Further 17 signatures for 3-14-05 petition 4-29-05
Lane _
1-
1 A Consc ation Commission Order of Conditions for Ma 1 D,Parcel 3 �r 5; - 5�.
ATTESTt LL
True co PY ; ~�
Exhibit B—Documents-4200 5-0 3 -Page 1 - -�
F r
Town Cie r f '
co A
Bk 10978 Pg 328 #33515
+o v
Merrimac Condominiums Exhibit.
Item No. Document From Contents/Notes Item Date
�0. One Hundred Fourteen Trust A.Devised application,Special Permit form pages 2&3 5-5-0
adding parcels 44,74, &75,and char ing acreage foam
r 10.03 to 14.77 acres, �
B. Plan o#'Und,Lots IN, 2N, 3 1,and 4N Berry Street
and Route 1 i ,North Andover,Mass.Plan Date �'.2.1'9 ,
Planning Board Approval under Subdivision Control,
meeting hold on I.+I9/99,NERD Plan#I1394 dated i
February 2, 1999,
C. Asse sor's reap 10 6D dated 6-5-0 1,with added 3 � s
aietsindicated. ,
21. Atty.Donald F. Borenstein I Cover letter for the MassHousing model Regulatory 5-- '05
Agreement,Deed Rider,and Monitoring Services
Agreement
22. Noilh Andover Zoning Board Amended legal notice adding 3 Berry Street parcels. ; Town Clerk
of Appeals Now 40B is Map 106. ,Parcels Q,44,74,& 75 5-1 -}5
14.77 a . for 95 units
. William M.Hickey,328 1.New inf'ormalion on the 40B development on Rt. 11 -2-05
Campbell Road 2.Latest Petition from 40B Builder Raises More
Troubl ing Questions pp 1-5,5-27-05. 3. E-maiI Arty, �
Bomnstein&plan,revised boundaries -6- 5. 4. Letter
to Sarah Hall,MassHousing re Town response 9-10-04.
5. MassHousing in Application letter & information 6-29-
0 .6.Housing Starts Project Eligibility Application,7.
Resume,Tab J[of application package). -15. 8 sheets of
blade&white site pictures.
. 0-ne Hundred Fourteen Trust Are Update,dune 7,2005 booklet. A.The Merrimac -2-05
Condominiums Sheet I of 2 5-27-05.B.The Merrimac
Condominiums Parking Sheet I of 1 5-27- 5. C. Site
bighting Plan-S L-15-27-05.D.Berry Street Proposed
Improvements Sheet I of 1 5-27-05.E.I en n t J.Kelly
Associates,Inc. Traffic Irn act&Access Stud 5-31-05.
25. One Hundred Fourteen Trust A.The Merrimac Condominiums Sheet 1 of 2 rear.6-6- I ee'd.
05. B.The Merrimac Condominiums Parking Sleet 1 of 6-7-05
I,rev.6-6-05.C. Site Lighting Plan SL-1,rev, -6-05.
I .Berry Street Proposed Improvements Sheet I of 1,
rev. 6-6- 5 _
26. One Hundred Fourteen Trust Typical Section—Building A,3 pages. (Pull elevation, l ec'd.
Garage elevation,I~loon Ian no date .- -05
27. One Hundred Fourteen Trust Typical Section—Building B,2 pages. [Garage Reed.
elevation,Floor lan6-7-05
2 , David M.Crawley Associates Mass State Building Code Analysis l e 'd.
Inc,,North Office,4 School -7-05
St.,Acton,MA
To 3-2-06 Stephan,H uville,Unit i & Letter requesting perimeter fence between 1980 -7-05
29. Tom T iorio,Unit 3, 1980 Turnpike Street and 40B property.
Tug ike Street _
0. Susan Dennett,NA Housing e-mail Minutes of Housing Partnership meeting re: 6- -05
Partnership Committee Merrimac Condominiums,3-9-05
1. George Koehler,NA Housing e-mail Additional comments on Merrimac 6- +05
PartnersfiComm ittee Condominiums, -2 -05
inhibit B -D o cuments-200 -00 3 -Page 2,
Bk 10978 Pg 329 #33515
r
Merrimac rima Condominiums Exhibit
Ite t o, Document From Contents/Notes Item Date
3
'. ; One Hundred urte n Trust An update July 12,*20 booklet. 1) Letter responding to Reed 7-6- 5
____'!.dune 7,2005 questions, Tabular Data 13 p.], Amended
Order of Conditions,513' 005,3 undated e-mail to
Heidi Griffin,Jacki Byerley from Chief Dolan re: the
j proposed building on Rte 114, l David M. Crawley
' Assoc. Inc.Architects-The Merrimac Condominiums
r 7/6!05,Building A Floor Plans A t.00,A 1.01,Elevations
f A ,01,A3.011 BuiIdirrg Section A .01,Building B Floor
Plan A5.00, Floor Plants A5.01,Elevations A6.01,
Building A7,01.,6 DJK Curb at Permit Plan,04/0 10 .
33. Patrick ic C. Garner, Patrick C. A The Merrimac ndominiums,Route 114,North ec'd 7-6-05
r Garner,Company,hic., 10 � Arrdo er,it as , 7;�'O5, 6 6�'O5, 7��1 ,sheet l ��'?, B
Whitney Street, lorthborough, ; Thc Merrimac Condominiums Parking,North Side of
a Mass.01532 & Kanayo 1.1al a, Route 1 1 ,North Andover,Massachusetts sachusetts clay 277
Professional Engineer,Four 2005,6/6/05,7101,105 sheet 1 of 1
West Road, West Actor,MA �
01720
34. - Patrick C. Gainer,Patriot{C. Q} e -y Street Proposed lmprovemenLs Sheet 1 of 1 ee'd -6-05
-.. r Gainer,Corn an ,111 ., May 27,'1 0 , revisions July 1,2005,
35. ' Patrick C. Gamer,Patriot C. D The I1 eni arc Condominiums Site-Lighting,North ec'd 7-6-05
Garner,Company,Inc.,fit. Side of Route 114, } /} ,E The Merrimac
1 anayo La[a,Professional 1 Condo iniums S it Lighting,North Side of Route 11
Engineer w @ Beny Street,07/05i 5
36. David M.Crawley Associates The Merrimar,Condominiums,Rte 114&Berry St, Reed 7-6-0
Inc. North Andover,MA,Floor Plans,7 05,05,sheets -A.1,
-B.1, - B 1
37. MrNC.0 Corporation,231 � A Fiscal Impact Study prepared for One Hundred 7--5-05
Sutton Street,Forth Andover, Fourteen Trust,27 p,&Addendum I- Profit Analysis
E MA Provided by Client&Addendum 1I-Scenario ;
Number-of Students at Breakeven
38. Timothy B. McIntosh,P. E., Review of Merrimac Condominiums application 7-11-0
arias a Ha gen Brustlin,Inc.,
101 Walnut Street,
Watertown,M
. T P.L.Hingorani,Trustee, Onc Letter requesting wor'ki g session with a Subcommittee 7-1 - 5
Hundred Fourteen Trust of the hoard.
40. One Hundred Fourteen Trust A. Offer Alternates to North Andover ZBA,B.Alternate -25-05
1 The Merrimac Condominiums Parking,May 27,2005,
06/05,7I01 05,Alt. 1 - 5,&C.Alternate 2 The
Merrimac Condominiums Parking,May 27,2005,
61061 5,7,101/05,Alt. 8/ 2- 5
1, NA ZBA Memo o to Peter Hi gorani on first response to the - 2 9- -05
05 draw*n
42. One Hundred Fourteen Trust e-mail describing alternatives l through 5, with 3 PDF 1-?3-06
attachments: A1temate#3 -Patrick C.Garner,Patrick C.
Gamer,Company,Inc.,64- Chap.40B Residences,
North Andover,Mass. Fart. 1 ,2006,Altercate#4-[96]
Proposed Multi-Family Units,,tan. 07,2006,
Alternative 5- l 1? Multifamily Units,Jan. 10,2006,
and 1 CAD t
4
3. Patrick .Gautier, Patrick Single multi-Falnily Units,56--Chap. OB end
' arner,Company,. 0 Residences I c rt _
p _Inc.,, � e e North Andover,� i . ., Patrick C.Garner 3 6
F r Whitney Street,Northbomugh,. 2005,Feb. 20,2006,Feb. 22,2006. �
Mass.0 153 r �
Exhibit B-Docurnents-2005- 03 -Page 3
Bk 10978 Pg 330 #33515
Merrimac Condominiunis Exhibit B
Item No. Doeu.ment From Contents/Notes Item Date
44, IAA ZBALegal notice hearing continues 3-2-06&56 units down Town Clerk
{ from 9 _
Lt. r)dt•e%v Melnikas, INA FD e-rnai1: Plan needs more detail, i.C. Hydrants& 2-2 -
45.
_ s ri klers
46. 1A. Andrew M lnika ,NA FIB e-mail 3-1-09 meeting result: residential sprinklers 3-1-06
hydrants evn500`, FD emi accept 1 ' roadwaX
1 47. Alison 11Ic any,NA Memo re: 56 Single & Multi-`aznt1y conc;ems about 3-1-06
Conservation Administrator bridge,building setbacks from wetlands, trail,&.
. .�_; ....�.� promised A1A
48, North Andover Housing Criteria„for Measuring th Appropriatenessf Chapter
ter - 4
PartnershipCron mince 4 Pr i et , 611/
06
49. One Ifundred Fourteen Trust fetter and charts re:
eplaec the two,5 story buildings 3-2-0
(with parking under) ...with 56 3-bedroom,single&
x ulb&remove 111, 2N5 and 3N from the application,..
4-25-06 Comm. of Mass.�Superior non :Deeper of Records ords all documents re: 3-6-06
{l, Court,Civil Action No, Variance dated 4-11- 1
S 0 - 1 1
1, -,� Patrick C.Gamer,Patrick C. Single&Multi-Family Units 56—Chap.40B Residences 3-14-0
.._,... Gamer,Company,Inc. North Andover,Mass, ,Mar. 14,2006,Sheet l of 1
?. One Hundred Fourteen Trust e-mail Excel worksheets; 1 Build cost per SF- Inner 3-29-06
&. End units,.3 24 2 6; Discounted Cash Flow
I Analysis 3-19-0 ; Prof r a -2 - 6; BA Per
I SF Builders Cost 311920 6
3. One Hundred Fourteen Trust An Update April 25,2006 Affordable Housing Proposal: feed 4-1 -
1Kathleen M.Bums,M ssHou ing letter April 12, 06
200 P 7 Project Eligibility(Site Approval),2
Architeeturals[5 drawings dated 3/3 6, /17/ 6&n. .],
3 l er not J.Kelly Associates,Inc,April 14,2006
response to VHB July 11,2005 report[13 pages],4
Prol~orr a 3-23- (11 Pages] Waivers 6 Patrick C.
Gamer Co.,Inc. -Single&Multi-Family Units,56—
ChaP.40B Residences North,Andover,Mass.,Mar. 1 ,
2006,May 4,2006,May 30,2006,sheets 1-4,7Patrilck
C.Garner-Co.,Inc. -Plan for ANRAD Lots I-N thru 4-
I ,3- - 6,rev.,4-1 -0 , - -063 5-10-06 sheet I of I,
DJK Route 114 Curb=Permit Plan#4 7,3/1 / ,sheet
1 Of 1.
4, North Andover Housing Criteria for Measuring the Appropriateness of Chapter ec'd '
Partnership Committee Projects, i 1 4 4-2 - 6
Exhibit B -Documents-2 0 - 3 -Page 4
Bk 10978 Pg 331 #33515
a
Merrimac Condominiums Exhibit
Item No. Document From Contents/Notes Item
Date
To 6- 8-06 � One Hundred fourteen Trust � An Update June 8,2006 Affordable ousin Proposal: ,
�,t d
55.
1 Patrick C.Gamcr Co,,Inc. - single&Multi-Faintly 5-3 -06
t nits,.56-Chap. 4013 Residences North Andover,
20I6, �
Mass.,Mart 1 , Ia
x r 0,1006,
sheets 1-4&Proposed AMR Plan, mots 1 N-A thxu 3N-A,
May 30,200 2 Patrick C.Garner Co.,Inc. -Plan for
ANRAD Lots 1-N thru -N, - - 6,rev.,4-1 -06, - -
0 ,5-10-06 sheet I of 1;3 David M. Crawley Assoc.
Inc.Architects,Floor Plans Typical Units 5126103F
A 1.0 1,A2.01,Front Elev ations, }2 5106 A .015 ,
Elevations i2 /06,A .01; NA Conservation
Commission,Order of Resource Area Dclineation,
5/2 1 ; Waiver s[requested];6 Proforma -2 -- 6&
6)Kanayo Lola 21-May-06 Preliminary Bid based on
tPlans dated 111:{0 7); 7)DJK letter requesting �
11 assIlighway application,curbcut 5- 2- , I 1 J
Route 114 urbcut I)ermit Plan
}t 506,sleet 1
To -10- 6 a One Hundred Fourteen Trust Are Update June 8,,20061 duplicate of above ec'd.7-5-06
56.
57, -� Ellen P.McIntyre,Chair, Request Town Boards/Departments response t -
p o Update 7�6 06
�_,.. NAZA June 06
. Susan Sawyer,NA Health Response to Update 6- -06 pamphlet-on sewer=no ..
p ? 1 -
06
Administrator Healtb 'jurisdiction
59. Williann V.Dolan,Chief,NA Response to Update - -06;density of the structures;all -1, -o
FD units should be rinkled;some mast be
60. Patricia A. LeavenwoW,1'. ., Letter to Dermot J.Kelly re: Merrimac Condominium 5-3 -
06
District Highway Director, curbcut onto Male route 125,Tumpi a Street
l s ffi hwa
George F, Koehler,Chair, Letter to Peter Pribfru L.14ingorani requesting
North Andover Housing inclusion of'play areas for children of BR
Partnership Committee development.
62. Curt Bellavance,Director, Memo to Board of Selectmen re:site locate on 7-21- 6
Community Development Turnpike Street
63. Alison McKay,N ► Merrimack Condominiums--Ber
ry tr t1Turr,.Pik -3-06
Conservation Commission Street,Applicant-Cane Hundred Fourteen Trust,Notes
for Scott Masse Review-NACC Chair
64. Douglas C.Prentiss,P. ., fNE1 Project 6139,Traffic Peer Review,Merrimac - 6
P.'n .1..,Judith Nitsch Condominiums 40 ,Turnpike Street(Route 1 f [1")
Engineering, Inc., 186 Linooln
---..._ Street,Suite 212,Boston,MA
65. Patrick C. Garner,Patrick C. Hydrological Study Proposed Multi-Family Units,l �Dote '-� - 6
Gamer}Company,free. 114,North Andover,,duly',2" ,2006[4 pages] &26
�.� Augustl 1998 132 pages+ [133, 1341,received8-8-06
66_ Patrick C.Gamer,Patrick C. Cover letter to Joseph D.Pe nol ,P-E re: Hydrology, 7+2 -06
- - Garner,Company, Inc. Merrimac Condominiums received # -06
7, Patrick .Garner, Patrick C. i Patrick C.Gamer Co., 111e.-Single&Multi-Family mil I nd - -l
Gamer,Company,Inc. units)56-Chap.40B Residences,North Andover,
u er
Mms,,July 2 7,2006,sheets 1,2,3, of ;Pre-&Post-
Watersheds,Sheet 5 of 8,L.[ility&Drainage e Sheet, }
-.�.-. i sheets 6,7,8 of 8i
f
. Lincoin Daley,NA Town Planning Board preliminary review Merrimac l ec'd.
L P--l_an_-n-erCondominium -oB project � � -06 +
Exhibit B-Documents-"'005- 0 3-Page
Bk 10978 Pg 332 #33515
Merrimac C nd njilliunis Exhibit
Item No. Doetinient From Contents/Notes Item ]ate
. I ennot 1. Kelly Associates, August 10,2006 Response to Traffic; Peer Review -10-}6
Inc. Memorandum, 11 pages,&Appendices: 1) itsc:h
Traffic� Peer a tee - -[}6, pages,.?
� Accident data �
and Accident Rate Calculations, )Background trip �
generation, }Level of Service Analysis, `I`h
March 16,2006 North Andover Eire Department �
c num nt inemorandum and the July 10,2006 North
To
.
.�� Andover Fire De artnii nt comment letter.
7o NA Board o#'Selectmen Merrimac C ndominium CornPrehensi e Permit -1 -06
[comments]reconunending Board not waive regulatory �
..... ` boards and commissions right to review,
71. Joseph 1 , Pe nola,P.E., Engineering Veer Revi w,'The M n iniac Conn- orniniurns - -06
Hancock Associates,28 Lord
Road Suite 280,Marlboro,.
ro,.
MA
. Lt.John Carney,IAA PD Police review: 2 ccnc em ,street lighting& 1 ' wide 9-11-
roadways vs.guest earkiniz.
73. Eugene P. Willis,P.E., Merrimac Condominiums 40B ...traffic review; concurs -20-06
Director of Engineering,NA with Kitsch Engineering report August 4,2006,
DPW r cill ,the LS analysis
74. Dermot J.Kelly Associates, DJK&.Proponent's answer to JNEI Traffic Peer l evie v 9, 1-0
Inc,
. Patrick C.Garner Company, Hancock Engineering Peer Review[response] - 1-06
Inn.
76. One Hundred Fourteen Trust "An lJpdate[to)September 28, 0061�
1 Patrick Gamer response to Con Com&Planning -1 -06
F
Board. 2)Patrick Garner response to Hancock # -0
r
Engineering Hydrology Comments One Hundred
Fourteen Trust Tabular Data(2 pages) Patrick C. 9- 2-O
Garner Co,,Inc.--Single&Multi-Family Units,56--
Chap.40B Residences,North Andover,Mass.,July 27,
00 ,Sept 20,2006,Sept 22,2 00 ,sheets 1,2,3,4 of 8i
Fre-&Post-watersheds,Sheet 5 of 8,Utility&
_ Drainage Sheet,sheets 6,7,8 of 8.
7. Douglas C.Prentiss,P.E., YNEI Project 6139,Traffic Peer Review,Merrimac - -06
Judith Nit ch Engineering, Condominiums[ °d]
Inc.
78. Joseph D.Pe n la,P.E., Engineering Veer Review,Second Review,The -2 -06
Hancock Associates Merrimac Condominium
To 11-2-06 Joseph D.Pe Iola,P.E., Engineering Peer Review Third Review,The Merrimac l 0- 6- 6
79. Hancock Associates Condominiums
1~xhibit B _ Doc urrients-20 -003 -Rage 0
*` Bk 10978 Pg 333 #33515
i
Merrimac Condominiums Exhibit B
Item No. Document From Contents/Notes Item
Date
. One Hundred Fowicen Trust An Update November � --__'�,_
� � �}�} ] Faxed response of ec'd
Public Schools, location of bus shelter 111 4r ; 2 10-2 - 6
Response to Jose f1 Pe n is peer review -26- 6;
David C. Crawley,Typical Building Cross Section,Hoer �
Plans A I.01 &A'2,0 I, Front Elevations A3,01,
Elevati ons A4,01,4,2`'- Waivers, 5}Profor a 10-
23-06 56 Unit Merrimac Condominium,No.Andover,
MA; 6 Kan yo Lal a 10/25/2006 Preliminary Bid based �
on Plans dated 10 2 1 6 7 }Dermot J,Kelly cover letter
& Appendix A. DJK Letter to Mas%Hig y 5-22-06,B.
MassHigh ray to DJK 5-30-06&C.fire ei ergenc r
vehicle graphics SU-30 accessing units 5,7,&55,
]00,24,106,[3 .sheets] Patrick C.Garner Co.,Inc.—
Single& Multi-Family Units,56—Chap,40B
Residences,North Andover,Mass.,July 27,2006,Sept
20,2006, Sept 22, 2006,Oct 17,2006,sheets 1,2, ,4 of
Pre-&Post-Watersheds,Sheet 5 of 8,Utility&
Drainage Sheet,sheet* 6,7,.8 of 8.
]. Michael H. Jacobs,Michael l Merrimac Condominiums Financial Analysis,North 1 - 7-06
Jacobs MHJ Associates,41 Andover Zoning Board of Appeals,4 pages,2 base Fro
Coolidge Street,Brookline, Forma 13 pages],3 Adjusted Pro Form[2 pagesj
IAA
82. Douglas C.Prentiss,P,E., fraf c Peer Review [update] 11-1--06
Judith Nitsch Engineering, '
111c.
To IZ-19-06 One Hundred Fourteen Trust Letter to Michael,Jacobs re:Draft Pro Fonna eliminating 11- -06
. 7 townhouse units& adding three single-family houses
on Berry Street[on N 1,1 ,&N3 [M 106.DP4411 741
&75]
. ' One Hundred Fourteen Trust Proforrna 49+3 11 1 1
06
85. Ellen P.McIntyre,Chair,NA. Memo i-nviting Conservation Commission to 12-19-06 11-15-06
13 r
6. Patrick C. Garner Company, Village Concept,Version 2B&Version 2C,Single& 1 -1 -0
Inc. Multi-Family Units,56—Chap.40B Residences,North
r Andover,bass.,July 27,2006,Sept 20,2 06,Sept 22,
2006,Oct 17,2006, 12/07/ 6, 1 1111 6, 12/12 6,
1211 4106
7. Atty. Donald F. Borenstein I Letter requesting 12-19-06 he continued to 1-16 or 1 -07 Town Clerk
Johnson&Borenstein, 1
Chestnut Street,Andover,MA 12- 6-0
Exhibit BDocuments-20 -0)3 i Page
Bk 10978 Pg 334 #33515
i
Merrimac Condominiums Exhibit
Item No, Document From Contents/Notes Item Date
To 1- -07 One liundred Fouti-een Trust An update January 23,NO 52 units•49 1 D av`
98, M.
Crawley,Registered Architect#1082-Typical Front
ElevaEtion Five Unit Complex 11 TJS,5 Unit Complex,I l rt
.15, first floor plan,Typical unit AA,BB first&second
floor plans,Typical unit CC,DD first& second floor
plans,Tical Double Unit EE first,second,third floor
Plans,Typical Building Cross Section 6 pj,January
15,1007 2)Mouses n 1 eny Street,Integrlt r esigx,
Grcat Road,Acton,MA Owner,B uilder T ilt
I evclopment,Plan 2 Federal,[8 pages]Grafton, MA �
November 2,2006 C 1006 Pr for ,4 Waivers, 5 �
Plans,6 Dennott J. K elly-,Letter 1-12-07 to 1 . 1
Prentiss,7 DJK-Route 114 Curbcut Kermit Plat
0 l/10/0 7&Patrick G. Gamer-Muld-F mil r Units 49-
Cbap.40B Units 110 107, 1109107 1-3 sheets,Patrick C.
l Gamer-Landscape flans,49-Clap.40B Units, 1-2
.� sheens,n,d.
9, NA ZBANA ZBA&Conservation Commission meeting
notice Tvcrrr Clerk
1-1 -07
To 3-13-07 Patrick C. Garner,Patrick C. Hydrological Study,Proposed Multi-Family Units 2-
> 23-
07
0. Garner,Company,Inc. Route 114,North Andover,
[I 0 p pages,July 27,
20063,R 2/23/07
91. Ono Hundred Fourteen Trust An Update March 13,2007 10 1 Profon a -1 ar- 7, Reed
2 David C.Crawley, 8-1/2xI I of below,3)DJK Route 3-13-0 '
114 Curb=Permit Plan 3-4-07&4 Patrick C.Garner-
Multi-family units 49 40B Unit 2-2 -07 sheets 1-7,
Watershed Areas 2-2 3-07s,het 1,5 David M.Crawley-
Floor f lans 1-23-07 A 1.01 &+A2.0I &Fi veplex Flan&
Elevations,A3.01,6 Patrick C. Garner-Proposed AIR
Plan Lots I N-A thru 4 - ,May 0,2006, rev.Aug-9,
2006 sheet I
To 3-29- 7 Susan Sawyer,NA Pubhc Response to 3-13-07 One Hundred Fourteen Trust"An 3-14-07
9' Health Director Update?'show on site durn sters i Private trash h disposal.
. Gne Hundred Fourt=n Trust e-mail&.attached -22 Prof rcn &3-23-07 letter to M. 3-23-07
Jacobs
94, Timothy J.Willett&Eugellc Response to 3-13-07 One Hundred Fourteen'Trust 3-26-07
Willis,NA DPW update,
To 4-10-07 One 11undr d Fourteen Trust An Update April 102 2007,Affordable Housing 3-27-07
95. Proposal: 1 r'oforma,2 l anayu Lala-Engineering
Estimate,3 Zoning Chart,Zoning District 4 for tot
I #11 Proposal Me is the Fo Ilowing Criteria of the
I Zoning Bylaw(3 pages), Waivers,Permits and
E einptions to Town ofI o.Andover By-Laws and �
Rules and Regulations,7 pages,6 Patrick C.Garner-
Typical Roadway Section 10-16-06,7 Patrick C. Garner
-Watershed Arm 3-22-07,Sheet 1,-Patrick C.Gamer
-Multi-family units 49 3-22-07,Sheets 1-7,Patrick C.
Garner-.proposed ANR Flan,May 30,200 ,A ug 9, !
2007,3/16i07 Sheet I
6. 1 Patrick C. Gamer,Patrick C. Patrick C.Gamer&Kallayo C. La la,R.P. E.,N o. 33710- 3-26-07
Garner,Company,Inc. & C-Hydrological Study,July 27,2006 rev 2J2 /07
l anayo G. L l ,R.P. E., No. 1`26107,[cover, I 1 pages] 128 pages.
3716-C
Exhibit B--Documents-2005-0 -Page
Bk 10978 Pg 335 #33515
Nferriniac Condominiums Exhibit
Item No. Document From Contents/Notes Item Date
7• One Hundred m'irteen Trust e-mail& PDF ofM.iacobs �-mail comes ondence re: -1
fiscal P �. 2 7
._--__.__� ... .-.. l analysis of Berry Street houses
ou ,lasC. Prentiss+,p.�;,, Nitsch Project 6139 Pd traffic peer review,2 pages] 3-229-07
_.,. Judith Nitsch Enginecring, Inc
99. One Hundred Fourte n Trusi e-mail Berry Street inforrnatiorr& P F of auachmt� nts 3-2 -0 —-.
numbered t 7 1 .�, ._ c�le � tions& floor plans]
Michael If. Jacobs, Mich el -mail&PIMP of Merrimac Condominiums[update to
Jacobs N IIJ Associates Financial Anal ysi s April 2,2 007 [10 pages]
01. Josepli D. Pe r ola,P.E., Hancock Associates Engineering Peer Review,Fourth 4-2-07
Hancock Associates review[18 pages.,
a102. Cane 11u Bred ouneen'rrust C�ompos1te Updates April 10,2{� 7 documents from 2-� - R� ,,.. .-3-
P � �cd4 _
f 05 application to"Are Update -10-07'in -1/2,'hinder]
103. Patrick C.C artier,Patrick C. -�.. e-mailed 4-5-07 letter to J'.P rnola,Hancock re: 4-5-07
Ciamer,Company,Inc. Wetland Waiver Narrative&4-4- 7 letter to NA ZBA
Narrative for Wetlands By-law Waiv r issues,
Men-imack Condornirti ms, a e .
To -3-07 Attu. Donald F.Borenstein Ltl -dated 4-5-0 7 requ that the phlic hearir ;be - 7�
1 . ..}... 1 closed. _
105, Joseph D. Pe nola,P.E., Summary of Outstanding Issues[9 issues, es
pg ]
-�0-
Hancock Associates
106. -- One Hundred Fourteen Wie st Town Comments and Consultant Reviews April 10,2007 4-1 -07
compilation booklet
107. ` One Hundred Fourteen Trust NHE P file 07-21329(Natural Heritage&Endangered 4- 7- 7
y Species Program)plan booklet
108. William V.Dolan,Chief,NA e-mail—OK with last revision 4- „ '7
_ PD _
109, McKay,NA Memorandum[Response to April 17,2007]agreeing 4-26- 7
Conservation Administrator with the Hancock 4-2-0 &4-1 - 7
To - -07 One Hundred Fourteen Trust 1Multi-fa ity units,49—Chap.40B Residences,North R "d 5-4- 7
110, Andover,Mass. sheet 1 of 7;3-22-07,2 Building �
Layout Plan,49—Chap.40B Residences,Forth
Andover,Mass.sheet 2 of 7,4- - ; Building Layout
Plan,49—Chap.40B Residences,North Andover,Mass.
sheet 3 of 7,3.22-07;4 Drainage& Util.Plan,4 —
Chap.40B Residences,North Andover,Mass., sheet 4 of
7, - -07;5 Drainage&Util.Flan,49—Chap. 4B
Residences,North Andover,Mass.,sheet 5 of 7,4-6-07;
6 Landscaping Plan,49--Chap.40B Residences,North
Andover,Mass.,sheet 6 of 7,4-6-07;7 Landscaping
Plan,49—Chap.40B Residences,North Andover,Mass.,
' sheet 7 of 7,3-22-07; Proposed AI R Plan,sots 1 -A
thru I-A,North Andover,Mass.,sheet 1 of 1,3- 6-
7&CD of the 8 plans.
To 6-I -07 � Lt.John Carney,NA PD Memorandum responding to 4-6-07 site plans,concerned 5-11-07
that 1 car garage for 3 bedrooms causes stacked parking
or ors-street parking:police recommend against ors-street
....� a1"king.
o - - 7 1_;nder•Advisement
Exhibit B—Documents- 00 -103 -Page