HomeMy WebLinkAboutARCHDIOCESE OF BOSTON ' FORM C
` APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
July 3 19 73
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41, Section
81-L, for approval of a proposed subdivision shown on a plan entitled
Definitive %0ftj Plan for No_rrtth. Andover Cooperative Homes . No. Andover. Mass.
by Peter Ogren, R.P.E. ,Hayes Engineering Inc. dated July 3, 1973
being land bounded as follows: see attached sheet
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Plating Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 100 Page 88 ; or
Certificate of Title No. , Registration Book.t paget.1 or
Other:
Said plan has(X) has not( ) evolved from a preliminary plan submitted to
the Board of December 4 19 72 and approved (with modifications) ( )
disapproved ( oa FeDruary 6 = 19 73
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. , The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by-laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are speci.fi.callyt by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be binding upon all heirs, emecutors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete t ,^ d installations and construction within two (2)
years from .(Roman Catholic Archbishop of Boston)
'Planni Off' f94 rba Affairs:
Received by y: 3 t of Ap General 1
Date: N
Time: r ®HN rc 7 arshdll 5,t.
r
Boston,Zo;; oston, Massachusetts 02108
o
c Address
�8n g0 t4 6
Notice to APPLICANT/TOWN CLHRK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitleds
By: dated , 19 _.
� e * eee
The North Andover Planning Board has voted to APPROU said plant subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont all as provided by G.L. c. 41p S. 81,-U,
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3• That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No, as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROM said plant for the following
reasons:
NORTH ANDOVER PLAMCM BOARD
Dates By:
ATTACHMENT TO APPLICATION FOR
DEFINITIVE PLAN APPROVAL
North Andover Cooperative Homes
PARCEL DESCRIPTION
A parcel of land consisting of a larger and smaller segment
adjacent to the existing Holy Sepulcher Cemetery and Waverly
Road in North Andover bounded and described as follows :
Beginning at the Northeasterly corner of the premises at the
land of Helen C. Roach and the sideline of New Woodlane;
thence Southerly S28-16--18E, 200.55 ft. to a stone bound at a
bend in Woodlane; thence Southerly S11-40-41W, 720.41 ft. to a stone
bound; thence Southerly S17-38-OOE, 105.22 ft. to a stone
bound; thence Southerly S46-50-06E, 306.31 ft. to a point;
thence Westerly and by a stone wall S70-43-40W, 264.77 ft. to
a point; thence Westerly S82-21-OOW, 30.41 ft. to a point;
thence Westerly S89-09-OOW, 282.64 ft. to a point; thence
Westerly S88-35-40W, 230.00 ft. to a point; thence Westerly
S89-31-10W9 258.74 ft. to a point; thence Westerly S88-37-30W,
200.44 ft. to a point; thence Westerly S89-30-50W, 196.67 ft.
to~a point; thence Westerly S89-41-30W, 158.12 ft. to a point;
thence Westerly S81-45-11W, 15.91 ft. to a point; thence
Northerly curving Westerly by the arc of a curve whose radius
is 2,866..77 ft. and whose length is 562.87 ft. to a point;
thence Northerly N01-00-45W, 104.72 ft. to a point; thence
Easterly S84-49-10E, 441.31 ft. to a point; thence Easterly
N86-49-02E9 262.94 ft. to a point; thence Northerly N01-34-13E,
661.38 ft. to a point; thence Easterly and by a stone wall
S86-04-32E9 114.53 ft. to a point; thence Easterly N89-40-25E,
295.92 ft. to a point; thence Easterly N89-40-25E, 52.09 ft.
to a point; thence Easterly N86-56-39E, 179.97 ft. to a point; -
thence Easterly N87-43-50E, 12.71 ft. to the point of
beginning. Said parcel containing 31.0543 ;acresmore or less.
Beginning at the Northwesterly corner of the smaller segment
of the premises on the Northeasterly sideline of New Woodlane
and the land of Helen C. Roach said point being N87-43-50E,
44.51 ft. from the Northeasterly corner of the larger segment
of the premises; thence Easterly N87-43-50E, 88. 16 ft. to a
point; thence Southerly S02-41-53W, 153.97 ft. to a point;
thence Northerly N28-16-18W, 170.67 ft. to the point of
beginning. Said parcel containing 6,761 sq. feet more or
less.
9
7
-.-..mxr-,rvm^ ,r :rum+mh^'/— - _.-...:-.........__-• _••_ -•-_ ..qr..... ,-"-__ ,.._._ __ ..__�_._,..._...-_• __ .,.�..__._,s,��.n..:w��r.-_r'_ ., ., •i.i
MUM HIH
TOWN OF NORTH ANDOVER
MASSACHUSETTS oa
S
RECE!VEn
FEB
73
or• JOHN J LYONS m
F� Arnnm �m o TOWN CLERK, N
�a:�.e183s NuRry o
�aciiil ' o`er ANDpVR IZ
� 2
Ile
February 61 1973
The Planning Board, by a vote of 3-2, voted to disapprove the preliminary
plans filed for the following reasons:
1. Insufficient information is shown on the plans to take care of the
drainage problem that exists on the site and in the area.
2. The soil has eroded dangerously and there are deep water holes on
the site with no access to drain by Waverly Road.
3. There would be a serious traffic problem with only one access road to
Waverly Road; which would also constitute a fire and safety hazard.
t�. These are ditebes 5 & 6 feet deep on the site, filled with water, which
make it dangerous to children in the area.
5. All of the land is not completely delineated or completely specified
on the plan. There are no dimensions for the so—called common areas.
6. There should be a through secondary road to adjacent land.
7. The property of abutters has deteriorated because of the drainage
problem on the site.
8. The lots, as shown, do not show the area and frontage dimensions for
each individual townhouse lot.
9. The lots as shown do not have the required 25 ft. sideline setback
that is required for lots, at the end of the townhouse complex.
10. All buildings, and the lots on which they are proposed to be built,
must be shown on the same plan. All dimensions must be shown, including
setbacks, areas and frontages.
Form 81 S - 2 (1962) North Andover Plannin& Board
NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PRELIMINARY SUBDIVISION PLAN'
Name and Address of Applicant: Date of Submission of Plan:
Roman Catholic Archbishop of Boston
c/o Planning Office for Urban Affairs December 4, 1972
7 Marshall Street
Boston, Mass. 02108 r �e
Town Clerk, Town of North Andover ko � ` fit
Town Office Building a f N
NorthAndover, Massachusetts
Dear Sir:
T +'trr s C���
Pursuant to,the ,provisions of, G,L, c. 41, sec: 81 S;fi� hereby
notified that this Board has, after-its study of the plan describedbelow, taken _
the action thereon described upon the reverse hereof.
Exact Title of Plan: Preliminary Plan of land for Notth Andover Cooperative
Homes, North Andover, Mass.
Date of Plan: November 17; 1972 Engineer: Earl Townsend, R.P.E.
Survey: Essex Survey Service, Inc.
Name and Address of Record Owner of Land: Roman Catholic Archbishop of Boston
c/o Rt. Rev: Joseph P. Burke, 118 S. Broadway, Lawrence, Mass.
Title Reference: North Essex Deeds, Book 100 ,' Page 88 ; or
Certificate of Title-No. „Registration Book , page ;o
Other:
A
Description of Land "sufficient for identification :
A portion of the tract of land owned by the Roman Catholic Archbishop of
Boston, approximately 31 .1 acres in area, having frontage on Waverly Road
and Wood Lane, North Andover.
Attorney for Applicant: James G. Dolan, Jr. , Esq.
The Nor ' dover arming Board has a ive approved s ,r without
an modifications t reof
Th:;�'Noo
rth llowing modifications thereof:
i
The North Andover Planning Board has disapproved said plan, for the following
reasons:
SEE REASONS ON ATTACHED LIST.
Very truly yours,
NORTH ANDOVER PLANNIN BO
By. /(y
Date:
a .
,— I
� P�Qhnln� 80��0
TOWN OF NORTH ANDOVER u
MASSACHUSETTS 4110
80
0
� .. [Y
i:• 1855 ; � �+ ��
12QZ
aCH
August 30, 1973
John J. Lyons, Town Clerk
Town Office Building
North Andover, Mass.
Dear Sir:
The Planning Board held a public hearing on Monday evening, August 69 1973
at 8:00 P.M. at the North Andover Middle School Auditorium# upon the appli-
cation of ROMAN CATHOLIC ARCHBISHOP OF BOSTON; PLANNI16 OFFICE FOR URBAN
AFFAIRS# for a subdivision pursuant to the provisions of G.L. c. 41, Section
81-•T# Under the requirements of the Subdivision Control Law and the rules and
regulations governing the subdivision of the Planning Board in the Town of
North Andover, of a parcel of land containing approximately 31.05 .3 acres,
adjacent to the existing Holy Sepulcher Cemetery and Waverly Road. The
following members were present and voting: William Chepulis, Chairman; John J.
Monteiro, Vice Chairman; Paul R. Lamprey, Clerk; Donald N. Keirstead and Frits
Ostherr.
This public hearing was advertised in the Lawrence Eagle-Tribune on July 21
and 28, 1973• Abutters were notified by certified mail.
Preliminary subdivision plans were submitted on December 42 1972 and on
February 61 1973# the Planning Board disapproved them by a vote of 3-21; for
a number of reasons# which are on file in the Town Clark's office.
Definitive subdivision plans were submitted on July 3# 1973 and a public hear-
ing was held on August 6, 19739 the details of which are on file in the minutes
of the Planning Board office.
At a meeting held on August 279 1973, at which all of the same members were
present, member Ostherr made a motion to DISAPPROVE the subdivision for the
following reasons; Mr. Keirstead seconded the motion and the vote was
unanimous.
The reasons are as follows:
1. The plan submitted does not completely or accurately depict the subdivision
as it is intended to be built.
Roman Catholic Archbishop of Boston -2- August 30, 1973 _-
Five lots are shown on the plan submitted; the petitioner admits
to planning �+b dwelling units, vs. +
on the Preliminary Plan - each
of which, in a townhouse development, must be shown with its own lot.
Specifically, this lack of completeness makes it impossible for the Board
to assess the compliance of the proposed subdivision with applicable zoning
laws or to assess the adequacy of necessary- public utilities. This latter
point is especially important in that we recognize that certain engineering
innovations, or features, must be included to maintain the "capable of
being sold... with its own lot" feature of each and every townhouse unit.
2. Details of utility installation, parking area provision, roadway con—
struction (width, curbingt sidevalkst shoulders, etc.) are impossible to
evaluate due to the incomplete nature of the plan submitted (in the context
of the intended 146-unit townhouse complex.
We do not, consider it in the spirit of the zoning or subdivision ''
control laws or fair to the Planning Board or the Town of Worth Andover to
be '.asked to evaluate a subdivision on the basis of partial or misleading
plans. Certainly the time to review the whole proposal in as open a fashion
as possible is at the definitive plan stagel and all factors within the
purview of subdivision: control should be defined on the plan at that time
in order that they may be controlled, or enforced, during construction.
3. The plan ignores and the petitioner did not adequately address at the
public hearing, a solution to the drainage problem acknowlected (by him)
to 'exist at the northeast corner of the proposedsubdivision.
The petitioner$ rather than attempt to coordinate and work with
his neighbors and appropriate Town Departments to develop an adeqUate
solution to this problem, has suggested a rather vague piping of the drainage
in ,question from its present terminus to a point in Wood Lane near Autran
Avenue, presumably to be dealt with from there by either the Town or abutting
private landowners. The petitionerp in this and other matters has taken a
singularly parochial view of the problem and, for this stage in the planning
and design process, does not present an acceptable approach.
4. A second, emergency, roadway access to the subdivision, recommended by
the petitioner's'traffic consultant and endorsed by Korth Andover public
safety officials, is not shown on the pian.
It developed during public hearing that no .agreement has been
achieved on this matter between the petitioner and Farrwood Realty Trust,
over whose private way such access was proposed.
5. The impact, of new traffic generated by the subdivision on Waverly Road
and its intersection with Route_114 has not been treated adequately.
Again the developer, working with the Town Highway and Police De—
partments and the State Department of Public Works, planning such features
as,paved roadway widenings, additional lanes, sigialization, signs, side
k
Roman Catholic Archbishop of Boston —3-. August 30, 1973
walks# etc., could minimise this impact. There is ample precedent, for
both this and the drainage problemsv of a major developer contributing
to or paying fors a Town sponsored public imvement (historically
sewer and water extensions, roads, sidewalkeT.0
6. 'Specific points observed on the plan:
a. Easements are not shown for all drainage ditches as well as for
buried pipe.
b. Sewer pipe materials are not as specified by the Board of
Public Works.
Ce ETydrant locations are not as specified by the Fire Department.
d. Roadway, headwallf and drainage construction are not as specified
by the Highwayd Surveyor.
Very truly yours
PLAMNM BOARD
William Chepulis, Chairman
AD
�' }, THE COMMONWEALTH OF MASSACHUSETTS
` I MASSACHUSETTS HOUSING FINANCE AGENCY
1� '
OLD CITY HALL 45 SCHOOL STREET
0\." BOSTON. MASSACHUSETTS 02108 (617) 723.5770
PHILIP J. RODERICK. JR.
SENIOR MORTGAGE LOAN OFFICER
September 29, 1972
Father Michael Groden
Planning Office for Urban Affairs
7 Marshall Street
Boston, Massachusetts 02108
Re: MHFA #72-106-NC
Dear Father Groden:
This letter is to acknowledge receipt of your preliminary sub-
mission and. approval . of your site in North Andover.
At this time, we invite your application for mortgage financing.
We would like to make clear that acceptance of the site in no
way commits the Agency to the valuation of the land included on
a preliminary application.
Please phone for an appointment to review your mortgage applica-
tion and floor plans .
I have ordered prevailing wage schedule for the city of North
Andover which will be forwarded to you upon receipt. It will be
helpful and should be used when preparing your mortgage application.
When sending any documents or correspondance regarding this project
to the Agency, please note the assigned project number 72-106-NC,
on all items .
Sin a e7y,
_JI
Philip odericl
PJR: ema
r
All
ARCHDIOCESE OF BOSTON
2121 COMMONWEALTH AVENUE
BRIGHTON, MASSACHUSETTS 02135
' OFFICE OF THE
i
FINANCIAL AND BUSINESS CONSULTANT
April 309 1973
Rev. Michael Groden, Director
Planning Office for Urban Affairs
7 Marshall Street
Boston, Mass., 02108
Dear Father Groden -
Enclosed, find a copy of the information you requested
relative to the non-profit status of the Roman Catholic
Archdiocese of Boston.
If I can be of further assistance, please do not hesitate
to call.
Sincerely, /
James 0. iDunn
JOD:F
Enclosure
aYr+rwK'..H.4-xyW4:::w ..y .. .��x.•, �_� -.. �•F :+ :.. y.. ...r..a-:. x. -
ars ternal Revenue Service
oat: to reply refer to:
, r?✓f],. . ' 11 1970 I TsMS :EOiR:2-JJW
s.�1 r,, � r�,..,.•
United States Catholictholic
Conference
ce
1312 Massachusetts Avenue, NeWe
,. Washington, D.C.` 20005
Gentlemen:
This refers to your request dated October 22, 1970 which
requests modification of the recent determination letter which
held that you and the . organizatjons you operate, supervise,
or control (and which are covered by your notifications) have
been classified as' organizations that are not private foun-
dations as defined in section 509(a) of the Internal Revenue
Code.
In accordance with the notifications you recently sub-
mitted, you and the agencies and instrumentalities and all
educational, charitable and religious institutions operated,
- supervised , or controlled by or in connection with the Roman
Catholic Church in the United States, its territories , or
possessions appearing in The Official Catholic Directory
(andlwhich are covered by your notifications) have been
classified as organizations that are not private foundations
as defined in section 509(a) of the Internal Revenue Code.
This classification is based on the assumption that
operations will continue in the manner that constitutes the
basis for such classification. Any changes in purposes,
character, or method- of operation must be reported to us so
-we may consider the effect on status.
Very truly yours,
Chief, Rulings Section
Exempt Organizations Branch
Onternal Revenue Service
��3f aw�4owD D@ 22@996
Date: dt:,v[ /4 /,1/p " In reply refer to: .
T&XSsEOsS—OCS_
c United States Catholic Conforonco. .
1312 Haaaachunetts Avenuo, No Ve
lfashington, D. Co 20005
Attentions William Re Consedino
Gentlemens
VO have the Official Catholic Directory for 1970 submitted by
you pursuant to our ruling dated March 25, 1946, in which it uan
hold that the agencies and inetrumontalities and all educational,
charitable and religious institutions operated, supervinod, or -con—
trolled by or in connection with the Roman Catholic Church in the
United Statoa, its territories or possessions appearing on pages 12
to 8079 inclucivo, of The Official Catholic Directory for 1945, aro
entitled to oaowption from federal income tax under the provisions ,
Of section 101(6) of the Internal Revenue Code of 1939s which cor-
responds to coction 501(c) (3) of the 1954 Code.,
The Official Catholic Directory for 1970 shows the names and
addroBaes of all agencies and instrumentalities and all -educational, .
charitable and religious institutions operated by the Roman Catholic
Church in the Unitod Statos, its territories and possessions in ' ex-
istonce at tho time the Directory was publiahod. It, is understood
that oach of those is a nonprofit organizations that no part of tho
not earnings thereof inuros to the benefit of any individual, and
t:1a.t no substantial part of their activities is for the promotion
Of logialation.
"
Accordingly, it is held, basod upon the information submitted
and on which the ruling of 11arch 25, 1946, is based, that tho
agencioa and inatrumsntalitios and oducational, charitable and ro-
libious institutiona operated, suvorvised or controlled by or in
connection with the Roman Catholic Church in the United Statos, its
torritorios or posaossiono appearing in Tho Official Catholic
Directory for 1970 are ontitlod to oxamption from Federal income
tax under Boction 501(c) (5) of the Codee
I
j
- I, 11-1VI ..
.t•
-2- •
United .States Catholic Conforonce
The aforomontionod agancien, instrumentalities and institutions
are not required to file a Form 1120 income tax return. However, if
they aro subject to tax on unrolatod business income under section 511
of tho Codo, they suet file Porm 994-T. They are not liable for
Podoral unemployment taxes. They aro liable for social security taxes
only if they have filed waiver of exemption cortificates, as providod
in the Federal Insurance Contributions Act. (Your District Director
will be glad to tell you more about the latter point. )
Tho abovo-mentionod agencies , instrumentalities and institutions
ara not roquirod. to file the annual information return, Form 990-A.
• Donors may deduct contributions to the agencies, instrumental- ..
itios and inntitutiono referred to above, as provided by section 170
of the Code. Bequest✓, legacies, dovisos, transfers, or gifts to or
for the use of thorn aro doductiblo for Federal estate and gift tax
purposes under sections 2055, 2106 and2522 of the Code.
Next year, within 45 days after your annual accounting period
closes, please send one copy of Tine Official Catholic Directory for
1971 to the National Office for each Internal Revenue District in
which one or more of your subordinate units are located. Pour addi-
tional copies of the Directory should also be submitted for retention
in the National Office.
In addition, you should submit the following:
1. A statement . that the information upon
which your present group exemption
letter is based applies to the new
subordinates; and
2. A list of the names, mailing addresses
including ZIP Codes, of subordinates on
your group exemption roster that during
-the year;
a. changed names or addresses,
b. were deleted from the roster
-co . , were added to tho roster.
Uni.tod Statoo Catholic Conforonco
Ploaao bo zuro to orator your cruployor idontification number
on all your tax rotu.aa and is your corroupondence with the
• Intornal Rovonuo Sorvico.
Thank you for your cooperation.
Very truly. yours,
chioft` Rulings Soction
Exampt Orga•nieetiono Branch
1
q
I
1 1 .1 1 � . i..• 1 1 a.
Address any reply to: JFK Federal Bldg., Boston, Mass. 02203
P.O. Box 90819 J.F.K. Post arflea
D��4r���� DBQc6�cc
Internal Ulevenue< �re�ecr�
Date: - In.reply refer to:
Planning Office For Urban Affairs, Inc.
7 Marshall Street
Boston, Mass. 02108
I '
_ Gontlemon:
' Based on inforr-;tdon supplie:3, and nsmming your operations will bo
'
as rktatcL in your a t li.,„;ticn for roccgnition of Gotc.':;P*ion, t;o havo
re»maXtt ltsd ,your fcun >>ticn stntua notico zomd havo do'Loraincd It
is not a W-Lvato found itian ,;ithin tho nanning of Sontion 509(a) of
tho Codo bacauze it i3 an aM� ani;;stiokk in `I,he follc--dnG Cato Soctions
X S:xtion 509(x)(1)
.b..,, „.w, .a. Saotion J09(0)(2)
...,.,....,>r.,.... Sc.utic 509(x)(3)
,�..,.� Section :09(a)(4)
This clnnsification i3 bnccd on the Assumption that your opsrationa
will continua as st^ted in your np?lication. All changes in your
purpocoaq chnraetar or mothcd of oraration rust be roported to your
District Diroctor so ho can considor thoir efftact on your status.
Vory trilly yctu•s,
W14 GAJ
vrLU IAh E. WILLIAMS
District Director
a;
6 Vie
Wcel q/
Qo2n;J: :�1.. ��G 2vorcry
d
April 30, 1973
To Whom it May Concern:
I hereby certify that
Planning Office for Urban Affairs, Inc.
appears by the records of this office to have been incorporated under the general
laws of this Commonwealth August 4, 1969, ( Chapter 180)
I further certify that so far as appears of record here, said corporation still has
a legal existence.
IN TESTIMONY of which, I have hereunto
y affixed the Great Seal of
4
Jl 'f
11, the Commonwealth on the
date first above written.
M1 s x k
��
V to
ecr tart' of t e Commonwealth.
beputy Sectary.
Faft C.D. 502 SM-3-69-949025
3
PLANNING OFFICE FOR URBAN AFFAIRS, INC.
OFFICERS
His Eminence Humberto Cardinal Medeiros, President and Treasurer
2101 Commonwealth Avenue
Brighton, MA 02135
Mr. James 0. Dunn, Secretary
Chancery Finance Office
2121 Commonwealth Avenue
Brighton, MA 02135
DIRECTORS
Rev. Michael F. Groden
Planning Office for Urban Affairs , Inc.
7 Marshall Street
Boston, MA 02108
Mr. David F. Dalton
42 Heath Street
Chestnut Hill , MA 02167
Mr. Vincent A. Fulmer
Massachusetts Institute of Technology
Cambridge , MA 02138
Rev. Msgr, Francis J. Lally
Sacred Heart Rectory
169 Cummins Highway
Roslindale, MA 02131
Leonard D. McCarthy, Esq.
6 Durant Road
Wellesley, MA 02181
Sr. Faine McMullen
Newton Collage of the Sacred Heart
Newton, MA 02159
Hon. David S. Nelson
Associate Justice, Superior Court
Suffolk County Court House
Boston, MA 02108
Mr. Robert E. O'Brien
62 Norfolk Road
Arlington, MA 02174
• ''!w•••~ti, ° RECEIVED 's
!Fi Avna7R DEC 19 1973
• 1:85$ i•� 4
a JOHN J. LYONS
a TOWN CLERK
0
NURTH ANDUVER
c, V
TOWN OF NORTH ANDOVER o 2
MASSACHUSETTS �0Plz £2ZZ
e
BOARD OF APPEALS
APPLICATION FILING DATE
BOARD OF APPEALS ��, (� _ let
Notice:--This application must be typewritten; filed in duplicate; and accompanied
by a plan of the affected premises, a copy of the refusal by the Building
Inspector or other authority.
APPLICATION FOR VARIATION FROM THE REQUIREMENTS
Planning Off%eTHE ZONING ORDINANCE
Applicant: for Urban Affairs , Inc. Address: 7 Marshall Street, Boston
clam rehensive Permit ursuant
TO THE BOARD OF APPEALS: A lication is hereb made for a� #Ytt vm$ Chhi� er 406 S n 21 Mass chuse{�'t Gen r 1 Laws .
Premises affected are situated on the North South East X West
side of W Verb Road 18ft*0" feet distant from the corner of
Street and known as NUMBER Street.
Description of (Proposed) (Existing) Building
1. Size of building: N/A feet front; _feet deep.
Height: stories: meet.
2. Occupancy or Use: (of each floor) N/A
3. Zoning District: N/A 4. Date of erection: N/A
5. Type of Construction: (check one) I II IIT BOCA-Iype 4B
6. Has there been a previous appeal, under zoning, on these premises: No
7. Description of proposed work or use: (See attached
1 r-application)
8. The principal points upon which I base my application are as follows: (See attached
latter-application)
I agree to pay for advertising in newspaper and ' 'dental expense
TITLE REFERENCE
BOOK 100 PAGE -8 Signature of responsible applicant
General Counsel
Planning Office for Urban Affairs, Inc.
,
PLANNING OFFICE FOR URBAN AFFAIRS I Archdiocese of Boston
7 Marshall Street • Boston, Massachusetts 02108 • Tel. 227-2200 Rev. Michael F. Groden, Director
December 18, 1973 ,
North Andover Zoning Board of Appeals
Town Office Building
120 Main Street
North Andover, Mass. 01845
Gentlemen:
The Planning Office for Urban Affairs, Inc. , a non-profit corporation
organized and existing under Chapter 180 of the General Laws of
Massachusetts, hereby applies under the provisions of Chapter 40B,
Sections 20-23, of the Massachusetts General Laws , for a Comprehensive
Permit for the construction of two hundred thirty dwelling units upon
land now owned of record by the Roman Catholic Archbishop of Boston,
a corporation sole, located on the easterly side of Waverly Road, said
land being the southerly and easterly portion of the Holy Sepulchre
Cemetery as shown on Assessor's Plats Number 22 and 23 of the Town of
North Andover, made by Morse and Martin, 13 Ferry Street, Haverhill,
Massachusetts. The Planning Office for Urban Affairs ("the Applicant")
is an agency of the Archdiocese of Boston and is acting at the request
of the owner, the Roman Catholic Archbishop of Boston, who will convey
the property to the Applicant prior to the closing of the mortgage loan.'
All two hundred thirty of the proposed dwelling units will be made
available to persons of low and moderate income and their construction
will be subsidized by the Massachusetts Housing Finance Agency ("the
MHFA"). Application was made to the MHFA which, pursuant to a letter
dated September 29, 1972 , (a copy of which is attached hereto) , has
approved the site and invited the application of the Planning Office
for Urban Affairs, Inc. , for mortgage financing. It is intended to
submit such application to the MHFA upon receiving a Comprehensive
Permit which is the subject of this application. It is further intended
to seek a rental assistance subsidy under Chapter 707 of the Acts of
1966, as amended by Chapter 854 of the Acts of 1970 (M.G.L. , Ch. 1218,
Sec. 42-44) and assurance has been received from the Department of -
Community Affairs that it will cooperate in making available such subsidy
or similar subsidy prior to completion of construction.
DESCRIPTION OF PROPOSED DEVELOPMENT
1 The proposed development consists of two hundred thirty dwelling units
to be constructed on a site of approximately thirty-one acres. (See
Table 1 for physical data. )
4 "Some men see things as they are and say, why? t dream things that never were and say,why not?" RFK
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TABLE 1 - PHYSICAL DATA
DWELLING-UNIT TYPE NUMBER
1 BDRM Apartment 92
2 BDRM Townhouse 69
3 BDRM Townhouse 46
4 BDRM Townhouse 23
TOTAL 230
TOTAL PARCEL AREA 15359,486 ± S.F. or 31 .2 Acres
TOTAL BLDG. COVERAGE AREA 1189387 ± S.F. or 8.7%
TOTAL PAVED VEHICULAR AREA 164,320 + S.F. or 12.0%
TOTAL USABLE OPEN SPACE 1,0769779 ± S.F. or 79.3%
AVERAGE DENSITY 7.4 Dwelling Units Per Acre
Of the total number of dwelling units, 138 will be constructed as town-
houses with 2-4 bedrooms for low and moderate income families. Each
townhouse will have a private entrance and yard in both the front and
rear of the house, and each will have a first and second floor. As in
-most single-family homes, kitchen , dining and living rooms will be located
on the first floor and bedrooms and bath will be on the second.
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The remaining 92 units will be one-bedroom apartments for the elderly and
couples without children. Although similar to the townhouses in exterior
appearance, the apartments will be constructed in groups of four. The
pair of apartments on the first floor will have direct access to the
ground and their own. patios, and the two apartments above them will be
served by a one-story flight of stairs.
In designing the units and in locating them on the site, special attention
has been given to providing most of the benefits of single-family detached
homes while conserving land and achieving economies in construction. The
townhouse has been chosen as the basic housing type in order to encourage
the kind of personal identification with and responsibility for one's own
property that is consistent with the home ownership objectives of this
proposal . The units will be grouped into clusters, and the natural vege-
tation between the clusters will be preserved to maintain the natural
wooded character of the property. The site will be developed at the low
density of 7.37 dwelling units per acre and 79% of it will' be available
as open space after construction is completed.
{
Primary access to the site will be via a road constructed to intersect'
Waverly Road at the southwesterly corner of the site. Emergency access
drives for police and fire purposes will be provided to Wood Lane. Parking
will be provided in the ratio of 1-1/2 spaces per townhouse and 1-1/4
spaces per one-bedroom apartment and will be located for convenient and
safe access to each house,
The development will make use of town water and sanitary sewer facilities.
Adequate water supply is available in Waverly, Road with an additional
connection point in"Autran Avenue. An adequate sanitary sewer is also
available in Waverly Road,
Storm drainage will be handled by a piped system connecting to existing
culverts under Waverly Road. During wet seasons , a portion of the water-
shed's runoff traverses the site, flowing toward the Shawsheen River.
Approximately 40% of this water enters the site at its southeasterly
corner by way of the Wood Lane right-of-way. The balance .of the flow has
been aftificially concentrated and diverted onto the site by the storm
drainage system of a multifamily housing development located above the
site. Both of these flows will be carried through the parcel by means
of a piped storm water system, crossing under Waverly Road through an
existing culvert some 1 ,000 feet to the north of the subject property.
Flow through "ie existing culvert adjacent to the cemetery road will be
substantially reduced.
In addition to the homes, a community building will be provided for such
uses as meetings, children's play, social activities, and a maintenance
shop. Adjacent to this building will be outdoor recreation facilities,
including a playing field, playground, tennis and basketball courts.
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I'n overall appearance, the proposed development has been designed to be
in scale and character with the surrounding neighborhood. The exteriors
of the buildings will include familiar materials , second-story overhangs
and pitched roofs , and sufficient open. space will be provided to give
privacy to both the occupants of the development and their neighbors.
All of the dwelling units are intended to be developed as a cooperative.
To this end theApplicantwill obtain a mortgage loan from the MHFA equal
to the total replacement cost. It will supervise the construction;
complete the negotiations with the Massachusetts Department of Community
Affairs and the North Andover Housing Authority required to secure the
additional subsidy to low income persons; select the initial occupants; '
contract with a management agent; instruct the occupants in their respon-
sibilities as cooperative owners; and lastly, convey the entire development,
land, improvements , and mortgage, to a cooperative corporation formed by
the occupants .
For the term of the mortgage, the occupants will be subject to income
limitations of the state and federal programs under which their homes are
subsidized, and to additional MHFA requirements designed to insurecontinued
proper maintenance and the economic stability of the development. In
accordance with MHFA regulations, 25% or 58 of the dwelling units will be
made available to low income persons, and the remaining 75% or 172 units
will be offered to persons of moderate income.
REQUESTED DEVIATIONS FROM LOCAL CODES
The property which is the subject of this application is presently
located in the Residence 4 Zoning District. Pursuant to Chapter 40A of
the General Laws, the Applicant would be permitted to develop townhouses
in this district and, in fact, the Applicant did submit a subdivision plan
proposing a development of cooperatively-owned townhouses to the North
Andover Planning Board. Throughout the period this proposal was before
the Planning Board, the Building Inspector interpreted the Zoning By-Law
as prohibiting the development of townhouses under the cooperative form
of- ownership. In addition, the provisions of the zoning by-law applicable
to the property would prevent the construction of one-bedroom dwelling
units of the type proposed by the Applicant. After preparing a number of
subdivision plans and reviewing said plans with the Planning Board and
Building Inspector, the Applicant has determined that any plan which could
be prepared in conformity to existing zoning as interpreted by the Building
Inspector world not meet the social goals of the Archciocesan Housing
Program being administered by the Applicant in that it could not provide
the advantages of a cooperative form of ownership and could not make housing
available to elderly persons and young couples of low and moderate income.
Furthermore, the density limitations which would be imposed by the restric-
tive dimensionsl requirements for townhouses would make the project uneconomic.
Accordingly, the Applicant requests the following deviations:
1 ) Permission to deviate from the dimensional requirements of
the R-4 District applicable to townhouses and from all
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other provisions of the North Andover Zoning By-Law which
are inconsistent with this proposal .
2) Permission for the use and compliance with the BOCA (Building
Officials and Code Administrators) Basic Building Code/1970
and its accumulative supplement, 1972, in lieu of the North
Andover Building Code. (The BOCA Code is gaining wide acceptance
as a standard code in many states. It is extensively used in
Connecticut Rhode Island New Hampshire and Vermont. As man
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as forty percent of the cities and towns of the Commonwealth
already use the BOCA Code and it is in effect as the state
building code of the Commonwealth of Massachusetts, Department
of Public Safety, Form STD-10. The Massachusetts Building
Code Commission must promulgate a mandatory statewide building
code by July 1 , 1974, which will become effective January 1 ,
1975, and it is expected that the BOCA Code will be selected
and become the mandatory building code for the entire Common-
wealth on that date. This code brings uniformity to building
.requirements and replaces antiquated provisions with approved
modern construction methods. It makes possible more efficient
and economical construction while protecting the public interest
in health, welfare, and safety. The Applicant has been informed
by the Building Inspector of the Town of North Andover that it
is his present practice to use the BOCA Code for townhouse
proposals such as that of the Applicant, and that this Code would
in any event be used as the standard for this development when
permission to build is obtained. )
3) Permission to deviate from the Board of Public Workl Rules and
Regulations which require:
a) That "each unit of Town House Condominiums must be
provided with a separate water and sewer service,"
should such regulation be deemed to apply. (The
Applicant intends to develop this property under
the ownership of a cooperative corporation. )
b) . That "main sewer extensions" be of vetrified clay,
should such regulation be deemed to apply to the
sanitary sewer lines to be constructed on the
Applicant's property. (The Applicant intends to Use
asbestos cement sewer pipe for lines which are
provided within its own property. The use of such
material is usual practice in many towns of the
Commonwealth and is in accordance with good engineering
practice. To require the use of vetrified clay pipe
would tend to make the construction uneconomic. )
4) Permision to deviate from any and all other local rules , requirements,
and/or regulations of the Town of North Andover or any department
or board thereof, which are, or could be construed to be, inconsistent
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with the housing as proposed in this application. (For example,
this application is not being filed under M.G.L. Chapter 41,
the Subdivision Control Law, and the Applicant does not believe
that the Rules and Regulations Governing the Subdivision of
Land, adopted by the North Andover Planning Board, have any
applicability to this proposal . Nevertheless, should it be
determined by the Board of Appeals , the Building Inspector, or
any other Town official that these subdivision rules and
regulations are applicable, an exemption is requested, since
to impose such requirements would be inconsistent with the
regional and local need for subsidized housing and would tend
to make the proposal uneconomic. )
CONSISTENCY WITH LOCAL AND REGIONAL NEED
The Applicant believes that the requirements and regulations from which
we seek exemptions are not consistent with the local and regional need
for low and moderate income housing. North Andover does not currentiy
meet any of the statutory minima set forth in Section 20 of Chapter 40B
of the General Laws, specifically:
1 ) The number of low and moderate income housing units occupied
or available for occupancy in North Andover is not in excess
of ten percent of the total number of housing O s reported
in the latest decennial census. Low and moderate income
housing units would have to make up 494 of the 4,943 housing-
units in North Andover before this criterion of local need
would be met. With 158 units of low income housing now
occupied or available for occupancy and without a single
unit of moderate income housing, a deficit of 336 units stili
remains.
2) The land area occupied by low and moderate income housing
units in North Andover does not comprise one and one-half
percent or more of the total land area zoned for residential ,
commercial , or industrial use, excluding publicly owned land.
The total area of land zoned for such use in North Andover
is 17,043 acres. Approximately 3,593 acres are publicly
owned as defined in Section 20, leaving 13,450 acres against
which the one and one-half percent standard may be applied.
To satisfy this criterion of local need, the land area
occur4ed by low and moderate income housing units should
comprise over 200 acres. Presently, however, low and
moderate income housing units in North Andover occupy 10.4
acres, leaving about 190 acres of land subject to development
for low and moderate income housing before this criterion
will be met:
3) Approval of this application would not result in the commencement,
in any one calendar year, of construction of low and moderate
income housing units on sites comprising more thanthree tenths
of one percent of land in North Andover zoned for residential ,
commercial , or industrial use, excluding publicly owned land, or
comprising more than ten acres, whichever is greater. As set
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forth in paragraph 2 above, there are 13,450 acres of land
in North Andover against which the three tenths of one percent
standard may be applied. Accordingiy, approval of this
application would have to result in the commencement of
construction in one calendar year of low or moderate income
housing units on more than 40 acres of land before this
criterion of local need would be met. Since this application
will result in the development of only 31 acres and since no
other low or moderate income housing units are proposed for
construction in North Andover in the same calendar year,
approximately 9 acres would still be available for development
of such housing before this annual statutory minimum would be
met.
In addition to the statutory measurements of local need set forth above,
the following is submitted as further evidence of that need:
1 ) In the Comprehensive Plan of North Andover (April , 1972) ,
consultants to the town found a specific need for "the
construction of a number of low and moderate income housing
units for the elderly on fixed incomes and for existing
families mith low and moderate incomes." Short-range needs
for publicly-assistedhousing were estimated at 21-31 units ,
and the Plan's longer-range program (1973-1975 and beyond)
anticipated that "60 to 100 units of moderate income housing
would meet the needs to 1975. Of these, approximately 20-30
could be leased back to the North Andover Housing Authority
for use as publicly-assisted housing under the leasing
program." -
2)
rogram, .2) A more recent study has found the need even greater. In 1973
the Merrimack Valley Planning Commission determined that at
least 300 units of subsidized housing were needed in North
Andover. This finding was based on 1970 U.S. Census data using
statistical methods developed in the commission's Fair Share
Housing Distribution Study (June, 1973).
3) These official estimates of need are reasonable in view of
the 1970 U.S. Census reports on incomes in North Andover.
The census reveals, for instance, that in 1970 there were
84 families and 32 unrelated individuals receiving public
assistance or welfare, 141 families and 299 unrelated indiv-
iduals for a total of 735 persons living below the poverty -
level ($3,743 for a non-farm family of four) , and 418 house-
holds with yearly incomes under $3,000 in North Andover.
4) The census statistics on rent offer another indication.
Recent amendments to the National Housing Act have set a
standard that no household should have to allocate more
than 25% of its adjusted gross income to the cost of
shelter. The 1970 U.S. Census shows , however, that of the
000 who rent housing7
households with yearly incomes under $7,000
in North Andover, fuily two-thirds pay 25% or more of their
income in gross rent.
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5) Finally, by analyzing the number of persons in each house-
hold with the income of each household, it is estimated
that in 1970 there were 797 low income households and another
769 moderate income households or a total of 33% of a]1
households in North Andover, who would be eligible for the
low and moderate income housing proposed in this application.
The need for low and moderate income housing must also be considered in
the context of regional needs.
North Andover is one of the 15 communities in the Merrimack Valley
Region. As the planning agency for this region, the Merrimack Valley
Planning Commission has conducted a number of studies on housing and
housing needs.
A first study examined the existing housing situation and found, for
instance, that there were 4,429 "overcrowded" and 4,934 "substandard
housing units in the region (Housing Inventory, January, 1972) . A
later study developed criteria for determiningthe most equitable means
of allocating funding for subsidized housing Fair Share Housinq
Distribution Study, June, 1973). Both of these studies indicate a sub-
stantial need fort ow and moderate income housing in the region.
One of the criteria developed in the Fair Share Housing Distribution
Study was that funding for subsidized housingshould be distributed
in proportion to the number of substandard units; that is, a community
with a higher proportion of its housing in substandard conditionshould
receive more housing subsidies than a community with a lower proportion.
Applying this principle to the region as a whole, one finds that 4,934
substandard units comprise 5.9% of all housing units in the region, a
proportion that is certainly significant and clearly an indication of
a need for subsidized housing.
Beyond noting these indications, however, the commission focused on
determining the precise extent of the need. It found there were
35,269 households who were eligible for subsidized housing and then
determined how many of these households lacked adequate housing at a
cost within their means and therefore actually "needed" subsidized
housing. By this process , the Merrimack Valley Planning Commission
officially estimated there is a need for 11 ,890 units of subsidized
housing in the Merrimack Valley Region.
In summary, it is submitted that on the basis of the above evidence,
this application is consistent with both the local and regional need
for low and moderate income housing.
Submitted herewith as part of this application are six copies of site,
building plans and utility plan, prepared by John M. Clancy, a registered
professional architect, of the firm of Marvin E. Goody, John M. Clancy
and Associates, Inc. , 135 Boylston Street, Boston, Massachusetts, with
[ the engineering consultation of Peter Ogren, a registered professional
engineer, Hayes Engineering, Inc. , 828 Lynn Fells Parkway, Meirose,
Massachusetts.
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Also submitted herewith is a certificate by the Secretary of the Common-
wealth of the creation and continuing existence of the Planning Office
for Urban Affairs , Inc. , a non-profit corporation organized under M.G.L. ,
Chapter 180, a list of its officers and directors, and a letter from the
U.S. Internal Revenue Service, evidencing the non-profit status of the
Roman Catholic Archdiocese of Boston, including the Roman Catholic Arch-
bishop of Boston, a corporation sole.
Please advise us of the date you select for a hearing on this application.
Section 21 of Chapter 40B requires that a public hearing on the application
for a comprehensive permit be held within thirty days of the Board of
Appeals ' receipt of the application. The statute also requires that notice
of the hearing be provided in accordance with the provisions of Section 17
of Chapter 40B.
If you wish additional copies of any of the documents submitted, or if
you wish further information to be submitted prior to the hearing, kindly
contact the undersigned.
Very truly yours,
PLANNING OFFICE FOR URBAN AFFAIRS, INC.
By:
James G. Uolan, Jr.
General Counsel
JGD/jaf
(Enclosures listed per attached page. )
LIST OF ENCLOSURES:
1 . Site approval letter from MHFA.
2. Letter from Internal Revenue Service establishing non-profit
status of Roman Catholic Archdiocese of Boston, including
Roman Catholic Archbishop of Boston, a corporation sole.
3. Letter from Internal Revenue Service establishing non-profit
status of Planning Office for Urban Affairs, Inc.
4. Certificate of Secretary of Commonwealth attesting to status
of Planning Office for Urban Affairs, Inc. , as a non-profit
corporation with continuing legal existence.
5. List of names and addresses of Officers and Directors of
Planning Office for Urban Affairs, Inc.
6. Six copies of a set of the following plans: (1) Site Plan,
(2Typical Dwelling Unit Plans, (3) Ty icai Building Plans,
(41 Typical Building Elevations, and (5� Drainage and
Utilities Plan.
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TOWN OF NORTH ANDOVER
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MASSACHUSETTS
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BOARD OF APPEALS
Marsh 29, 1974
Planning Office for Urban Affairs
(Arebdiocese of Bosteu)
Petition 0-174
John Ji, Lyons, Towns Clerk
Town Office Building
North Andover, Mass.
Dear Si"
A public hearing was held by the Board of Appeals on Monday sv t JaXNW7 24t
1974, it 7:30 P.M., at the North Andover Biddle School Auditoriums to all parties
interested in the appeal of the PLANNING OFFICE FOR URBAN AFFAIRS# INC. (ARC9-
DIOCEM OF BOSTON), for a Comprehensive Permit pursuant to Chapter 4CIB, Section
21 of the Massachusetts General Laws# so as to permit the erection of 230 law
and moderate income dwelling units on a site of approximately thirty-one acres
located, on the easterly side of Waverly Road adjacent to the Holy Sepulchre
Cemetery. The following members were present and voting: Frank Series Jr.,
Chairman; Dr. Eugene A. Beliveau# Clerk; R. Louis DiFrusciat William N. Salemme
and Associate Member Alfred E. Friselle# Esq.
The hearing was advertised in the Lawrence Eagle-Tribune on December 29. 1973
and January 5, 1974• All abutters and abutters to abutters were duly notified
by regular mail.
Atty. James G. Dolan# Jr. spoke as General Counsel for the Planning Office for
Urban Affairst Inc. and attorney for the Roman Catholic Archbishop of Roston;
and Steven Diamond appeared as Architect and Planning Consultant for the Arch-
diocese. Their presentation contained the same information that is in their
letter of application to the Board, which is on file with the Beard of App"Is
records and with the Town Clerk. <
Letters and reports were received from the following town officials demos
and boards: Board of Selectmen, Planning Boards Building Inspector# Superintendent
of Public Works, Board of stealth, Highway Surveyor, C nserv'ation Commissions Police
Chief and Fire Chief#, all of which are a matter of record and may be referred to in
the Board of Appeals files. Boy. Keller, Rev. Hollenbeak and Rev. Jones were re-
corded in favor of the proposal. Several people and immediate abutters were re-
corded as opposed to the proposal for reasens of drainages erosions ti%ffic,
safety hasarda, increase in populations increased taxes, devaluation of propsrtyt
need for additional scheols, serviceat etc.
IV REc�V N
. Plawd1mg'Office for Urban Affairs -2- March 29,
(Archdiocese of Boston)
tial �o o
Member Atty. Frizelle made a motion to continue this hearing until the next� 90S0 .J0
regularly scheduled meeting of the Board in order to give the Board a chance to
review and evaluate the material submitted= Mr. Salome seconded the motion and
he
t vote was
unanimous*
The Board continued the hearing on February 11,, 1974, at which meeting all of the
same members were present and voting. Additional material was presented to the
Board by the petitionerp as had been requested by the Bmardt and which material
is on file with the Board's records. Lengthy discussion was held# as is "oorded
in the Board of Appeals minutes.
Member Frizelle made a notion to take the matter under advisementp subject-to the
conditions expressed during the meeting pertaining to the submission of additional
material and to the extension of time; Mr. DiFruscio seconded the notion and the
vote was 4-10 with Member Sal ema voting no.
The Board met again on March 2$9 1974, with the same members present and voting$
to vote on the petition. Member DiFruscio made a motion that the Comprehensive
Permit be denied for the following reasons; Member Salome seconded the motion
and the vote was unanimous.
Attached hereto and incorporated herein by reference is the Decision and Finds
on the Application for a Comprehensive Permit Pursuant to G.L. C40B Sac. 21 sub-
mitted -by the Planning Office for Urban Affairs, Inc.q dated March 299 1974,
Decision continued on paves 1 through 17 attached hereto.
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TOWN OF NORTH ANDOVER, MASSACHUSETTS
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BOARD OF APPEALS
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Decision and Findings on Application fora
Comprehensive Permit Pursuant to G.L. C40B
Sec. 21 submitted by the Planning Office
for Urban Affairs Inc.
I. Preliminary Statement.
The Planning Office for Urban Affairs, Inc. , 7 Marshall Street,
Boston, Massachusetts, submitted to this Board an Application for a
Comprehensive Permit pursuant to General Law C. 40B Section 21, dated
December 19, 1973, to construct 230 units of low and moderate income
housing, on land owned by the Roman Catholic Archdiocese of Boston off
Waverly Road in North Andover.
Prior to submission of this Application, the Applicant submitted
plans for a subdivision to the North Andover Planning Board proposing
thelconstruction of 146 townhouseunitson the same site. The Planning
Board disapproved the subdivision for reasons stated in its letter to
the Town Clerk dated August 30, 1973.
This Board has reviewed the Application and the evidence submitted
at , the hearing. We will now set forth our decision and outline the
basis for the decision.
II'. IS THERE A NEED FOR LOW AND MODERATE INCOME HOUSING IN NORTH ANDOVER?
GL C.40B, Section 20 sets forth a test to be used by a Board of
Appeals to determine whether local requirements and regulations are
considered "consistent with local needs" , :
i
"1. Low or moderate income housing exists which is in excess of
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ten percent of the housing units reported in the e W
dicennial census of the city or town or on sites N P.X,Ls MONS A
one and one half percent or more of the total lan r��Ny o
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for residential, commercial or industrial use, or,�� N 0 o
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2. The application before the Board would result in the
mencement of construction of such housing on sites Compri-
sing more than three tenths of one percent of such land
area or ten acres whichever is larger, in any one calendar
year, provided however, that land area owned by the United
States, the commonwealth or any political subdivision
thereof, the metropolitan district commissions or any public
authority shall be excluded from the total land referred to
above when making such determination of consistency with
local needs. "
In the Application, the Applicant alleges that North Andover has
not met the first statutory test. Evidence was submitted to the Board
showing that the latest dicennial federal census indicates that there
are 4943 housing units in North Andover. Ten percent of that amount
would be 494 units to meet the statutes requirements. The Applicant
alleges that 158 low income housing units exist in North Andover. The
second half of this test is whether low and moderate income housing
occupies more than one and one half percent or more of the total land
zoned for residential, commercial, or industrial use, excluding publicly
owned land. Once again, in the Application and at the hearing, the
Applicant presented figures to the Board purporting to show that there
were approximately 17, 043 acres of land zoned for such use and that
there is approximately 3, 593 acres of publicly owned land. Further,
pursuant to a recent decision of the Housing Appeals Committee, water
bodies as well as publicly owned land should be subtracted from eligible
zoned land. Applicant states in his brief at page 2, that there are
859.3 acres of water bodies in North Andover. The end result of these
calculations according to the applicant is that 188 acres of land
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should be devoted to low and moderate income housing. Th pR o
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alleges that 10.4 acres of land in North Andover have been ed �o
subsidized housing.
Without passing on the accuracy of the Applicant's allegations re-
garding 158 units of subsidized housing, or of 10.4 acres of land
devoted to subsidized housing, nor passing on the accuracy of the
Applicant ' s stated deficits, this Board finds that it appears that
the first statutory standard has not been met.
The second test established by the statute is one wherein the
Board could deny an application which would result in the commence-
ment of construction of low and moderate income housing units on sites
comprising more than 3/10 of one percent of land in North Andover
zoned for residential, commercial, or industrial use excluding publicly
owned land or comprising more than 10 acres whichever is greater. As
stated above, Applicant submitted evidence alleging that this test was
not met. Further, Applicant alleges in his brief at page 3, that com-
mencement of construction in one calendar year of low and moderate in-
come housing units on more than 37 acres of land before this statutory
criterion is met and alleges that this Application would result in
only 31 acres of land being developed leaving a deficit of six acres.
This Board without passing on the accuracy of the allegations of
the Applicant finds that it appears that this statutory criteria has
not been met.
In addition to the contention that the statutory standard has not
been 'met, the Applicant alleges that there is a regional need for low
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���6 17 fQ 1,9 2p
and moderate income housing as well as a large number of e
;,I
persons in North Andover. At the hearing, Applicant i odi;ce a,A
) a
from the Merrimack Valley Planning Commission dated Feb r� qyN o
(Applicant' s Exhibit #1) to support this contention. No
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submitted by the Applicant to show the legal status or authority of
the Merrimack Valley Planning Commission nor evidence to establish the
qualifications of the writer of this letter. Accordingly, the Board
makes no finding based upon this evidence.
Attached to the Applicant' s brief as Appendix A&B, the Applicant
has submitted letters dated February 25, 1974, and February 8, 1974
which purport to back up the calculations of the Applicant, since
these letters were not introduced into evidence at the hearing, the
Board makes no findings based upon them.
III. Since this Board finds that apparently not one of the statutory
mathematical criteria has been met, the Board must now apply the
general test established by GL c.40B Section 20, which requires the
Board to balance the local and regional need for low and moderate in-
come housing with
". . .the need to protect the health or safety of the occupants
of the proposed housing or of the residents of the city or
town, to promote better site and building design in relation
to the surroundings, or to preserve open spaces. . . " (GL c.40B
Section 20) .
in performing this balancing test several issues arise and each
will be separately treated herein.
A. The Applicants requested permission to deviate from the dimen-
sional requirements of the R-4 District applicable to townhouses and
from all other provisions of the North Andover Zoning By-Law which are
inconsistent with this proposal. (Page 4 of Application
N
December 18, 1973 . )
1. In the Application, the Applicant states that s bA
d wa
property is located in the Residence 4 Zoning Dist�� pgo'aa
and pursuant to such By-Law would be permitted to •develop
townhouses in this district, and in fact, the Applicant
submitted a subdivision plan to the North Andover Planning
Board which was denied. During the hearing, the Applicant
elaborated on his statement in his application regarding
the interpretation by the Building Inspector of the zoning
By-Laws prohibition of development of townhouses under the
cooperative form of ownership. Although the Planning Board
did not deny the subdivision plan on this basis, and although
we recognize the fact that we are not reviewing the previous
application, we feel we must answer this question.
The Building Inspector in a letter dated May 17, 1973, to
the Planning Board stated in effect that in a cooperative, in-
dependent lots do not exist for each townhouse, and therefore,
the townhouse becomes an apartment and as such, is not
capable of being sold with its own lot.
This Board has reviewed this subject and finds that under
the R-4 District 1Townhouses under cooperative ownership
could be constructed, providing they meet the requirements
1 Townhouses were deleted as a permitted use by Special Town Meeting
Article II December 18, 1972. Approved by Attorney General of
Massachusetts, April 20, 1973. Presumably the Applicant is protected
by the provisions of GL c.40A Sec. 7A.
stated therein.
2. Does the Application reflect proper planning? eo 0
�oeo6o�
a. The design of this project is of the cluster concept and not
of the conventional subdivision site layout. The Applicant
contends that this is a superior concept and submits that
the plan provides for adequate open space, and has a density
which compares favorably with other multi-family developments
in North Andover.
This Board finds that the plan herein presented inade-
quately provides for open space and has a high density which
is inadequate for this site in relation to its surroundings.
The open space provided for in this plan is purported to
be over 79 percent of the available area. A close analysis
of the plan reveals that the distance between the clusters is
only between 100 to 250 feet, in short, the plan on its face
appears to have open space, but in reality is a development
with little distance between buildings, planned for an area
which has similar types of developments surrounding it.
b. The Board in making its decision has referred to the Compre—
hensive Plan/North Andover, Massachusetts, April 1972, by
John Brown Associates/Community Planning and Development,
Boston, Massachusetts. This report was prepared for the
Town of North Andover Planning Board and the Massachusetts
Department of Community Affairs and was financially aided
through a Federal ,grant from the Department of Housing &
i
-7-
�W `
Urban Development. (Comprehensive Plan) . At pa
of the Comprehensive Plan is the following stateme & �o
�0 an 40 ,
"The Future Land Use Plan is a product of the synthesis o
a number of individual comprehensive planning studies for
North Andover. . . .The plan should be used by the town as a
general statement of policy and intent.
The Future Land Use Plan is also intended to serve as a
working document to help guide the Planning Board and
other town officials in making decisions relating to the
use of land in the Town. "
The Applicant in his brief, cites the statement of the Planning
Board in its letter to this Board dated January 14, 1974, that the
density is "not unreasonable" to support its position as to a density
of 7.4 Dwelling Units per acre. This Board in reviewing the Compre-
hensive Plan has found that this density is considered high. Looking
at the surrounding area, we find that there are two high .density de-
velopments relatively close to this site and there is another high
density development a short distance away. The site is near the
North Andover/Lawrence town line and is located in the dense center
of North Andover. Construction of a high density development is not
recommended in this area in the Comprehensive Plan and would add to
the creeping urban sprawl of the City of Lawrence.
In the Comprehensive Plan, the subject of Low and Moderate Income
Housing was discussed and general guidelines were set forth in the
Technical Appendix at Pages A-25-26-27. One of the statements is in
regard to the "Maximum Number of Units" . The Plan recommends, "No
more than 160 subsidized units on any one site or within 1/4 mile of
another site containing subsidized housing. (P. A-26) , states that
the ;proposed development should be in "Conformity with the Comprehensive
Plan. . . " and that any " . . .waiver should not be more extensive than
necessary and should be compatible with. . .suggested planning and de-
sign standards. "
The Massachusetts Supreme Judicial Court in the case of Board o.f
Appeals of Hanover vs. Housing Appeals Committee, Mass. 204 =2nd
393 at page 413, in discussing the guidelines in Section 20 of C.40B
states :
" . . .The value of these three specific alternative definitions of
when local "requirements and regulations shall be considered con-
sistent with local needs" is that they define precisely the
municipality's minimum housing obligations "under the statute
and permit it to do some intelligent long-range planning about
how and where necessary housing should be built. . . "
The Comprehensive Plan has made long-range plans for the Town of
North Andover and specific sites for development are set forth therein.
Further, the Town in adopting its zoning by-law, took into consideration
such, factors, and zoned the site which is the subject of this appli—
cation R-4, and permitted townhouses to be constructed thereon.2
It is the opinion of this Board that the dimensional requirements
of the R-4 district are not inconsistent with the proposal of the
Applicant, and are consistent with the long range planning goals set
forth in the Comprehensive Plan.
c. The Applicant stated in his Application that the limitations
imposed by the R-4 dimensional requirements for townhouses would make
the project uneconomic. When questioned t the hearing, the Applicant
oa1151617 �8r�
responded by saying that the site, ^ characteristics and
N CEIV Ny
soil, will require extensive sit r r-:� wani' J,r•Tit N increase the cost
I of
JOHN J. LYONS .w
2rn TOWN QE .11 ru
See footnote # 1 supra. � Nug1R gnDQvER o
�0 2Q�
90 &o to E
-9-
per unit of each dwelling. When pressed for additional information,
the Applicant stated that final studies were not complete. In fact,,
at the continuation of the hearing, the Applicant was asked why. a
notice ',inviting bids for the project was in a recent "Dodge Report".
The Applicant ' s reply was that it was seeking cost information. This.:
Board is troubled by the Applicant 's actions and his attempts to exp
plain were not satisfactory.
Further, when asked why the Applicant ' s contentions that the
North Andover zoning law makes the project uneconomic, when the
Applicant proposes to build a Community Building, and outdoor recre-
ation facilities including a playing field, playground, tennis and
basketball courts; the Applicant replied that it was requiredato do
so by the Massachusetts Housing Finance Agency. In light of the pur-
pose of the law which presumably is to supply needed housing, this,
Board is of the opinion that the required additions for recreation
appears to be inconsistent with that purpose. Indeed, to request de-
viation from a Town Zoning By-Law because it is uneconomic to comply
with it, while on the other hand adding luxury expenses required by
the state funding agency cannot be justified as "consistent with
local needs". This Board is further puzzled by the Applicant' s state-
ment in its brief at Page 6, which states that it chose to pay "the
Y .
required additional cost premium to achieve this more desirable living
environment. " (Townhouses) . Once again, the question of economics!
d., The Applicant at the hearing in response to a question by the
Board indicated that the Town of North Andover was the only town in
which the Archdiocese owned land which did not require a zoning change
-10-
to allow it to construct low and moderate income housing.
In tact the Applicant did file plans for a subdivision to the
Planning Board. After failing to satisfy the requirements of the
Planning Board, the Applicant apparently decided to use another route,
that is', "Chapter 774. " It seems strange that in December of 1972,
when it first submitted plans for a subdivision, the Zoning By-Law of
North Andover was satisfactory, however, later in 1973, it was no
longer desirable. The Applicant attempts to explain that it found
compliance with the zoning to be uneconomic after it filed its original
plans. Yet, it attempted many times, to meet the Planning Board' s
requirements, presumably at additional expense for plans, and in the
end, scrapped all of those plans for the proposal before this Board.
The reason, the plan was uneconomic, yet, at the hearing the Applicant
still did not have any cost figures to show just how the economic
question arises. It was still determining costs, i.e. , the Dodge Report
mentioned previously. In short, this Board is troubled by the Appli-
cant ' sjactions which appear on its face to be a charade. The Applicant
in i#sibrief, argues that under the statute, its motives are irrelevant.
This might be true, however, the Applicant' s "social goals" appear to
take a ' front seat when balanced with the general welfare of the entire
community of North Andover. One hundred and forty-six units of low
incomehousing are not enough to satisfy local needs, 230 units will!
3 . The Applicant further requested this Board to grant it per-
mission to deviate from all .other provisions of the Zoning By!-Law
which are inconsistent with its proposal.
When asked at the hearing what specific provisions it was requesting
-11-
permission to deviate from, the Applicant 's response was that it did
not know of any, but wished to protect itself. In light of this
vague and over broad request, the Board makes no finding or deter-
mination whatsoever on this request.
. The second request in the Application was for permission to
use and compliance with the BOCA (Building Officials and Code Admin-
istrators) Basic Building Code/1970 and it' s accumulative supplement,
1972, in lieu of the North Andover Building Code.
In light of the Building Inspector' s statement in his letter to
the' $oard dated January 14, 1974, that the BOCA code is the applicable
building code for this type of construction, we feel this request is
moot'.
C. The third .request is for permission to deviate from the Board
of Poblic Works Rules & Regulations which require separate water and
sewer service for each townhouse unit and to use asbestos cement sewer
pipe, for sewer lines in place of the required vetrified clay pipe.
The Applicant at the hearing could not substantiate its contention
that, use of vetrified clay pipe would be uneconomic, and stated it
would withdraw this request if the Board desired. In light of the
decision of this Board on this Application, this Board will not make
a fiinding on the request for separate water and sewer service and on
the ,use of vetrified clay pipe.
D. The fourth request of the Applicant is for permission to de-
viate from any and all other local rules, requirements, and/or regu-
lati*ons of the Town of North Andover or any department or board
thereof, which are, or could be construed to be, inconsistent with
-12-
the', housing as proposed in its application.
Once again, the Applicant' s vague and overboard request was not
I
specifically defined at the hearing nor in its brief. Accordingly,
thel, Board makes no finding or determination whatsoever on this request.
E. Other Issues
l
(1) Drainage. This issue is probably the most predominant
issue raised. Both at the hearing on this application and previously
when the Applicant submitted plans for subdivision approval to the
Planning Board.
; The plans submitted by the Applicant to provide for drainage of
this site were reviewed by the Town' s Highway Surveyor who commented
on them in his letter dated January ll, 1974. In May of 1967, the
Town received a Report On Storm Drainage Facilities prepared by the
Consulting Engineer firm of Camp, Dresser & McKee. This report made
spejciific recommendations to properly handle the drainage situation in
theiarea surrounding this site.
{ The plan presented for consideration by the Applicant is not in
conformity with such recommendations. The plan shows piping of sur-
facie drainage through its site, making several 90 degree turns. Accord-
j ing to expert opinions given to the Board, the pressure built up
behind the manhole, located at the Waverly Road location shown on the
plan, will cause the manhole to "blow" . According to information
given to the Board, there are at present, existing situations of this
nature in the town.
j
The Applicant is aware of this study, but argues in its brief that
the abutting landowner will not give easement rights across his
-12-
the housing as proposed in its application.
Once again, the Applicant' s vague and overboard request was not
specifically defined at the hearing nor in its brief. Accordingly,
thejBoard makes no finding or determination whatsoever on this request.
E. Other Issues
(1) Drainage. This issue is probably the most predominant
issue raised. Both at the hearing on this application and previously
when the Applicant submitted plans for subdivision approval to the
Planning Board.
The plans submitted by the Applicant to provide for drainage of
this site were reviewed by the Town' s Highway Surveyor who commented
on them in his letter dated January 11, 1974. In May of 1967, the
Town received a Report On Storm Drainage Facilities prepared by the
Consulting Engineer firm of Camp, Dresser & McKee. This report made
specific recommendations to properly handle the drainage situation in
the! area surrounding this site.
The plan presented for consideration by the Applicant is not in
conformity with such recommendations. The plan shows piping of sur-
face drainage through its site, making several 90 degree turns. Accord-
ing to
ccord-ingto expert opinions given to the Board, the pressure built up
behind the manhole, located at the Waverly Road location shown on the
plan, will cause the manhole to "blow According to information
given to the Board, there are at present, existing situations of this
nature in the town.
The Applicant is aware of this study, but argues in its brief that
theiabutting landowner will not give easement rights across his
-13-
property, and accordingly, is faced with this alternate proposal.
This Board finds that the proposed drainage plans submitted with
this application are not adequate to provide for proper drainage of
this site and of surrounding areas.
(2) Protection of the inhabitants of the proposed development
from fire. The Applicant states in its brief that it has taken
adequate steps to protect inhabitants by providing a number of fire
hydrants and by providing for emergency access ways.
This Board in reviewing the plans, finds that the proposed plans
present a danger to the safety of the inhabitants of the development.
The parking areas in front of the dwelling units and the lawn and
walk areas in between are in some cases as distant as 80 feet from
the dwelling unit. In the event of a fire, a fire engine could not
get close enough to combat this fire and would also be required to
work between parked vehicles. This presents an acute problem in the
winter time when snow accumulations would prevent access of fire and
rescue vehicles to these dwellings . Accordingly, this Board finds
that the plans do not adequately provide for the safety of the occu-
pants of the proposed development.
Another issue under this subject is the provisions for emergency
access ways. The design of this proposal is for single access from
Waverly Road. The Planning Board pointed out the problem and the
Applicant has attempted to comply by providing the proposed emergency
access ways. The difficulty is, however, that one of these wayq enters
-14-
onto Farrwood Avenue, a .private way. At the hearing the owner of
Heritage Green was represented by Counsel and voiced his objection to
access to Farrwood Avenue by the Applicant.
The Applicant states that he will remedy the problem by erecting
a fence with the key at the fire station. The Board has difficulty
with thissolution, however, in light of its decision to deny this
application on other grounds it makes no findings or recommendations
on this particular point.
(3) Traffic. Another issue raised at the hearing was the impact
this proposed development would have on traffic. Several of the
abutters to the property questioned the effect of the increased volume
Of traffic at the intersection of Waverly Road, Cotuit Street and
Route 114. The residents pointed out that there already is a hazardous
condition at this intersection and this increased traffic would com-
pound the problem.
At the hearing the Applicant testified that it had performed a
traffic survey and found that there would not be a problem integrating
this traffic. Although the Applicant alluded to this "Traffic Survey",
it did not introduce expert testimony or written reports into evidence.
Instead the Applicant stated that it compared the proposed site with
the village Green development on Chickering Road. The Board is of the
opinion that the Applicant pplicant is attempting to compare apples with
Oranges to support its point. The similarities between the proposed
project and the village Green are not the same. Without the testimony
of an expert, the Applicant 's statements are inadequate. With regard
-15-
to the Route 114 situation, the Applicant cited to the Board the TOPICS
Plan prepared by E. Lionel Pavlo Engineering Co. , Inc. , of Boston, Mass. ,
dated, January 1972 which recommended that consideration should be
given to the installation of a semi-actuated signal on Winthrop Street
(Route 114) . The Applicant stated that it would use its "good offices
to attempt to provide such traffic signal. The Board takes notice of
the fact that the intersection of Waverly Road, Cotuit Street and Rte.
114 is in the middle of a rather steep grade. The Applicant did not
introduce evidence nor testifOA inquired of the Massachusetts Depart-
ment of Public Works whether or not such solution was possible. It
appears that all the Applicant has done was say, yes, there is a problem,
but our proposal will not add to it that much, and anyhow, under
Chapter 774, it doesn't make any difference, since the problem existed
before we made this proposal.
In its brief, the Applicant makes reference to The Highway
Capacity Manual, 1965 by the Highway Research Board of the Academy of
Sciences - National Research Council, Washington, D.C. The Applicant
made no reference to this document at the hearing and did not offer it
into evidence to support its contention. Accordingly, this Board has
not taken these references into consideration.
Furthermore, since this application is denied on other grounds,
the Board will not make a determination on the traffic issue and only
points out that a problem does indeed exist.
(4) Entrance into the proposed development.
i
The proposed entry is via a road from Waverly Road. In his letter
to! the Board, dated January ll, 1974, the Highway Surveyor points out
-16-
that the road layout and specifically, the 10% grade entering into
Waverly Road will be a hazard. The proposed plan provides for a 26
foot roadway and basins for drainage at the intersection of Waverly
Road. The Highway Surveyor comments that such a proposal will be
particularly hazardous in the winter months due to, ice conditions which
would be created by inadequate drainage, and a steep grade.
The Board finds that the proposed plan does not adequately provide
for safe ingress and egress from the site and therefore does not pro-
vide for the safety of the proposed occupants as well as the residents
of North Andover.
(5) Applicant ' s Plans.
In its brief at page 13, the Applicant argues that the Board:
should give great weight to the fact that the site and building plans
have been approved by the funding agency, the Massachusetts Housing
Finance Agency.
The only evidence which the Board has before it on this subject
is a letter dated September 29, 1972, from the MHFA addressed to the
Applicant. The site plan submitted with this application is dated
December 14, 1973. It appears that either the Applicant originally
submitted those plans to MHFA in September 1972 or it has failed to in-
dicate what it has done to the Board. At this time, we do not know.
IV. Summary.
The decision of this Board is to deny the Application for a Com-
prehensive Permit submitted by the Planning Office for Urban Affairs,
Inc. The basis for the Board' s decision is:
-17-
(1) The proposed plans inadequately provide for open space and
have a high density which is inadequate in relation to its surroundings.
(2) The dimensional requirements of the R-4 district are not in-
consistent with the proposal and are consistent with the long range
Planning goals set forth in the Comprehensive Plan for North Andover.
(3) The proposed drainage, plans are not adequate to provide for
proper drainage of this site and of surrounding areas.
(4) The proposed plan does not adequately provide for the safety
of! the occupants in the event of a fire.
(5) The proposed plan does not adequately provide for safe in-
gress and egress from the site and therefore does not provide for the
of
safety/the proposed occupants as well as the residents of North Andover.
NORTH ANDOVER BOARD OF APPEALS
�l�@w • Chairman
Frank Serio, Jr.
Date: March 29 , 1974
i
PVAlIh18� 80�fl0
TOWN OF/NORTH ANDOVER ,o 11
c �
MASSACHUSETTS
,{�o� A [,LCN
f NORTh aa/�� R 2 EO
980
4
SSACMIK :.;.�
April 221, 1980
Daniel Long, Town Clerk
Town Office Building
North Andover, 11a.
Dear Yr. Long:
Pursuant to the provisions of M.G.L. Ch. 85, Secs. 3A and 3B, and the authority
therein vested, the North Andover Planning Board held a public hearing on April
7, 1980 at 7:30 P-�!- in the Town Hall on the matter of considering the renaming
of ;7ood Ridge Road. located in the Boston Archdiocesan "'mood Ridge Housing
Devclopment" off Waverly Road in North Andover, Massachusetts.
At the conclusion of the hearing, the North Andover Planning Board unanimously
voted, to change the name of said street to Ridge Way. The reason for the change
is that the verb close similarity of Wood Ridge Road to Woodbridge Road (a public
wa'' of long existence) would lead to continued confusion, especially in cases of
emergency.
Therefore, the North Andover Planning Board hereby orders that Wood Ridge Road
shall be changed to Ridge Stay, effective immediately.
By Order of: North Andover Planning Board
By: illi.am Chepulis Chairman
1 4
'�LORry
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.ei r• Ava7n tae
+ ;l•. 1855 � .
99SACH13
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . .March ;9.t .1974. . . . . . . . . . .
Petition No., ..2"171x. . . . . . . . . . . . . .
Date of Hearing. .Jawal!Y .14s. .197#
Petition of . . .PlawmzZ Office. for..Urban Affairs. •(Arekdi®esese,of. $osteo)• . . . . .. .
Premises affected Appr®x. -31. acres adjacent t0. Holy,Sepulchre.Getexy.oat 1 $voxjr. Read-
Gen
ead.
Coopr"ebsive Permit pursuen to
Referring to the above petition for a
Chapter 40% Section 21 of the Massachusetts General Laws •
. . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . .
the erection of 230 low and moderato income dwel units . . . . . . .
so as to permit . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . the
Comprehensive Permit
• . . . . . . . . . . . .
Signed
Frank Seriot Jr.t .0 . . . . . . . . . . . .
Dr. Bugene.A. Beliveaut Clerk. . . . . . . . .
H. .I uia piFru. .... . . . . . . .
William. A'. S81e1are . . . . . . . . . . . .
Alfred B. Frizellet .Taq._t. Associate Member
Board of Appeals
4
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN
BMIEM NOT TO RMQUIRE APPRMAL
June 10 , 19 75
To The Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determinam-
tion by said Board that approval by it under the Subdivision Control Law is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By—Law and is on a public way, namely* Waverley oad
or jUISNOWWWW i1011109� Wood Lane
being land bounded as follows:
See Attached Pages
2. Title reference: North Essex Deeds, Book 100^w Page 8 ; or
Certificate of Title No. , Registration Book page.;
or Other:
Roman Catholic Archbishop of Boston, a
Received by Town Clark: By His 'App3 icantIa s atgre MCgrporation Sole
Attorney.
Date: �... Applicant's address 7 Mar2hall Street _
Time: ��
.: Bdston,, MA 02108
�
:Signs
l(J3Et j LYOR� Owner's signature and address if not the
ec,�tzrs cLapplicants
['i Ti AND(341$ry
C 4Z
. G
, ,�2s,zza
'I
Notice to APPLICANT/TOWN CLERK of Action of Planning Board on
Accompanying Plan.
1. The North Andover Planning Board has determined that said plan does
not require approval under the subdivision control law, and the
appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan ohms
a subdivision# as defined by G.L. c. 41t s. 81-L9 and must therefore
be re-submitted to it for approval under the subdivision control lax.
VW7 truly YOurst
NORTH ANDOVER PLAMIG BOARD
B
Date:
Description of Land
North Andover
Lot A
Description of land located on the East Side of Waverly StTe-et
and West Side of Wood Lane , North Andover , bounded and described
as follows :
Beginning at the northeast corner at land of Helen C. Roach and
the westerly side of Wood Lane and running
S28- 16-18E, a distance of 200 .55 feet ; thence turning and running
Sll-40-41W, a distance of 720 .41 feet ; thence turning and running
517- 38-OOE , a distance of 105 .22 feet ; thence turning and running
S46-50-06E , a distance of 306 .31 feet ; the last four courses by the
side line of Wood Lane to land of Trustees of Reservations ; thence
turning and running;
570-43-40W, a distance of 264. 77 feet ; thence running
582- 21-OOW2_ a distance of 30 . 41 feet ; thence running
S89-09-OOW, a distance of 252 .64 feet ; thence running
588-35- 40W, a distance of 230 .00 feet to a drill hole , thence running;
S89-31- 10W,' a distance of 258 . 74 feet to a drill hole , thence running;
S88-37-30W, a distance of 200 . 44 feet to a drill hole, thence running;
S89-30-50'x, a distance of 196 .67 feet to a drill hole , thence running;
S89-41-30W, a distance of 158. 12 . feet to a drill hole , thence running
S81-45-11W, a distance of 15 .91 feet to Waverly Street
The last nine courses by land of Trustees of Reservations , ,
thence turning and running northerly on a curve with
radius of 2866 . 77 feet a distance of 562. 87 feet , by
Waverly Street ; thence running;
NO1-00-45W; a distance of 104 . 72 feet , still by Waverly Street to
other land of. Roman Catholic Archbishop of Boston ;
thence turning and running;
S84-49-10E , a distance of 441 .31 feet ; thence turning and running;
N86-49-02E , a distance of 262 . 94 feet ; thence turning and running;
NO1-34- 13E5 a distance of 661 .38 feet ; the last three courses by
other land of Roman Catholic Archbishop of Boston;
thence turning and running ;
586-04-32E , a distance of 114. 53 feet ; thence running;
N89- 40- 25E , a distance of 295 .92 feet ; thence running ;
N89-40-25E , a distance of 52 . 09 feet; thence running
N86-56- 39E, a distance of 179.97 feet; thence running ;
N87-43- SOE, a distance of 12 . 71 feet; all by land of James F . Roach
and Helen C. Roach, to point of beginning at Wood Lane.
Containing 31 . 0543 acres more or less . _ 1 35.2 Z54
!� sF
RECE VEO
z ,
JOHN J. LyON5
oTown ctca�;
i IVU'? AVDOVE�
b2 F2 Z2 e�
Description of Land
North Andover
Lot B
Description of land located between New Wood Lane and Old Wood
Lane , North Andover bounded and described as follows :
Beginning at the northwest corner at Wood Lane at land of
Helene C. Roach and running
N87- 43-50E , a distance of 8816 feet ; thence turning and running
S 2- 41-53W, by centerline o:r Old Wood Lane , a distance of 153. 97
feet ; thence turning and running
N28-16-18W, by Wood Lane , a distance of 170. 67 feet to point of
beginning, .
Containing 6761 square feet more or less .
m
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Form 81 P - 2 (1963) North Andover Planning Board
NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW
Name and Address of Applicant: Date of Submission of Plan:
Planning Office for Urban .Affairs November 28, 1972
James G. Dolan, Jr., Esquire
7 Marshall Street
Boston, Massachusetts 0210$ �4 s 'T,A
Town Clerk, Town of North Andover
Town Office Building ° fCi 197Z y
North Andover, Massachusetts o )ONN 1. ons ro
tp TpWN CLERK
Dear Sir: �o gURTH ANoo0t �Zw
90 b�
We forward to you herewith the original and new copy
described below, heretofore submitted to this Board under G.L. c. 41, s. 81 P,
which you may deliver, upon request, to the applicant above named.
EXACT TITLE OF PLAN, with date and name of Surveyor:
Plan of Land in North Andover, Mass Owned By Roman Catholic Archbishop
of Boston
Description of land "sufficient for identification":
43. 06 acres having frontage on Waverly Road and Wood Lane, North Andover
Title reference: North Essex Deeds, Book , page
Attorney for Applicant: 100 88
The action taken by this Board upon said plan is indicated upon the
reverse hereof.
(1) The North Andover Planning Board has determined that said plan does not
require approval under the subdivision control law, and the appropriate
endorsement has been made upon the same.
(2) Th North Andove anning Board has determined that said plan shows a
s ivisio as define by G.L. c 1, S. 81 and must therefo e
re- tted to it for approval under the subdivi rol lawe
(3) a North Ando Planning rd has determined to take no a ion upon
said pl
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By t//f/j 0-
Date:
Date:
x_
I
Form 81 P - 4 (1963) North Andover Planning Board
NOTICE' TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW'
BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW
Name and Address of Applicant: Date of Submission of Plan:
Plasabg Office for Urban Ants ber 20, It"
:*me$ Go &Masa, Jr.,Esquire
7 Marshall Street
Town Clerk, Town of North Andover
Town Office Building
North Andover, Massachusetts
Dear Sir:
Pursuant to the provisions of G.L. c. 41, ss. 81 P and 81 T, you are
hereby notified that the plan described below has this day been submitted to the
North Andover Planning Board for a determination that approval of the same is not
required by the subdivision control law.
EXACT TITLE OF PLAN, with date and name of Surveyor:
Plan of lAnd in Norge Arodev*r, &tars tamed By man Catholic Arshbiabop
of fk"As
Description of land "sufficient for identification":
43. Ot acres having frontW osk Waverly Road and WOW Vie! NAwft Askdevie!
Title reference: North Essex Deeds, Book , page
Attorney for Applicant: 100 ItQ
Very truly yours,
Applicant
� F
Form 81 S' - 4 (1962) North Andover PlanningBovA*d'
NOTICE TO TOWN CLEM OF SUBMISSION OF PRELIMINARY SUBDIVISION PLAN
s
Name and Address of Applicant: Date of Submission of Plan:
Roman Catholic Archbishop of Boston December 4,1972-
c o `Pl anni n 2
Office icefr r
o U bane f '
/ Af �r
7 Marshall Str a s
Street
Boston, Mass. 02108
Town Clerkq Town of North Andover
Town Office Building a DEC ,19
North Andover, Massachusetts ;m 'QxN 1.LYORIK
NS
IoWNcLe
Dear Sir:
Pursuant to the provisions of G.T . c, 41f sec. 81 S, you s e�y
notified that the plan described below has this day been submitted to the
North Andover Planning Board and to the North Andover Board of Health for
tentative approval, with or withoutmodifications. f
Exact Title of Plan: Preliminary Plan of land for North. Andover Cooperative
Homes, North Andover, Mass.
Date of Plan: November 17, 1972 Engineer: Earl Townsend, R.P.E.
Survey: Essex Survey! Service, Inc.
Name and Address of Record Owner of Land: Roman Catholic Archbishop of "Boston
c/o Rt. Rev. Joseph P. Burke, 118' S. Broadway, Lawrence, Mass;
Title
Reference: North Essex Deeds, Book 100 , Page 88 ; or
Certificate of Title No. , Registration Book i Page'' , or
Other:
Description of Land "sufficient for identification_":
trctt of
A portion o theAland owned by 'the Roman Catholic Archbishop of' Boston,
approximately 31 .1 acres in area, having 'frontage on Waverly Road and
Wood Lane, North Andover.
- Fr,
Attorney for Applicant: James G.-' Dolan; Jr. , Esq.
r ru1�,ygPrs� ,
,
PLANNING OFFICE FOR URBAN AFFAIRS I Archdiocese of Boston
7 Marshall Street • Boston, Massachusetts 02108 Tel. 227-2200 Rev. Michael F. Groden, Director
,p 1s 16 j)
�ti RFcIVEO
o
JAN 22
q0fts 7973 N
January 23, 1999 o JOHN I. LYONS ^'
TOWN CLERK w
�o
NUR TH MIDDVER �ti
North Andover Planning Board �o �o
Town Office Building s„�� do °z°
North Andover, Mass. 01849
Geat%men
On December 4, 1972, on behalf of the Roman Catholic Archbishop of
Boston, I submitted a preliminary subdivision plan for your review.
This plan covered a portion of the tract of land owned by the Roman
Catholic Archbishop of Boston approximately 31.1 acres in area and
having frontage on Waverly Road and Wood Lane, North Andover. Since
our initial presentation to your Board, we have discussed the plan with
the building inspector and other Town officials.
Transmitted herewith is a revised preliminary plan which we have pre-
par#d in an effort to satisfy objections and resolve sevr.ral concerns
which Town officials, had with respect to your origioai plan.
very truly you
James G. 'Dolan, Jr.
General Counsel
rs. !/
Enc.
CCR Toren Clerk
"Some men see things as they are and say, why? I dream things that never were and say, why not` RFK
Oversized Maps on file with the Town