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HomeMy WebLinkAboutVALLEY REALTY DEVELOPMENT LLC (3) O NORTfy Town Clerk Time Stamp � ��" 6qa 'rIVE:w? C_ • O c 3g b�` - •, a dL j�' "' ""�'� "C e't�«-� � � * 2066 DEC 22 PH •' 24 ti 4 �9ssac Hus €0 V ;1 NOR Ir H AHT°0 ZONING BOARD OF APPEALS A9St4 Community Development Division Notice of Decision Oakridge Village&Maplewood Reserve Comprehensive Permit Regulatory Agreement—Second Amendment Minor Modification NAME: Valley Realty Development,LLC MODIFICATION DATE: December 12,2006 231 Sutton Street, Ste. IA, North Andover,MA 01845 ADDRESS: Property at: 2357 Turnpike Street PETITION: 010-2001 PETITION DATE: January 14,2003 The North Andover Board of Appeals heard a request of Valley Realty Development,LLC(the "Applicant")for approval of a second amendment to the Regulatory Agreement of the Comprehensive Permit (Petition#2002-032)as an insubstantial modification under the provisions of Mass. General Laws Ch.40B, sec.'s 20-23(the"Ac(")at its regular meeting on Tuesday,December 12,2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R Webster. The fallowing non-voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by David R Webster and 2nd by Richard M.Vaillancourt,the Board voted to grant the request for a minor modification to the Regory Agreement's Paragraph G by deleting the reference to 3-bedroom Unit 1104 in Building 1 I of the Affordable Units in Maplewood Reserve by exchanging 1104 with the 3- bedroom Unit 1103 in Building 11 in order to provide an Affordable Unit with a ground floor bedroom Voting in favor: Ellen P.McIntyre,Joseph D.LaG sse,Richard J.Byers,Albert P.Manzi,III,and David R Webster. Town of North Andover Board of Appeals, E en P.McIntyre,thairmart Decision 2002-031 M108.AP17&M108.CP33,38,&39. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands }� WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 I, 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP I A. General Information Important: When filling out 1. Applicant: forms on the Valley Realty Development computer, use Name only the tab key to move 231 Sutton Street, Suite 1 B your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code r� 2. Property Owner(if different): Name reten Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: 1/22/03 Date for work at: 2357 Turnpike Street Map 108A, 108C 38, 33, 39 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 1888 349 County Book Page Certificate(if registered land) is hereby extended until: 1/22/07 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: North Andover Conservation Commission Date wpaformTdoc•rev.311/05 Page 1 of 3 r + Massachusetts Department of Environmental Protection DEP File Number: �— Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant an the appropriate DEP Regional Offie6.' Signat4es: , L",rrv#' �'YzNotary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, personally appeared Name of Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE x NOTARY PUBLIC Signature of Notary Public nn.{cALTH OF MASc 4lISETT$ f Co'r'm.Expire:;Auj.I,2009 Printed Name of Notary Public Place notary seal and/or any stamp above My Commis on Eykires(Date) wpaformTdoc•rev.311/05 Page 2 of 3 t Massachusetts Department of Environmental Protection DEP File Number. 1�-- Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 �1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. in the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-1169 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.3/1/05 Page 3 of 3 J r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield SII wpaform7.doc•'DEP Addresses•rev.12/22/05 Page 1 of 1 . r Town of North Andover 'rot { "fice of the Zoning.Board of Appeals r�Ee%41 `oo� nmunityh Development and Services Division 27 Charles Street "V, ' North Andover,Massachusetts 01845 �'ss�cHus ` D. Robert Nicetta Telephone(978)688-9541 Bacildirtg Commissioner Fax(978)688-9542 Notice of Decision Year 2003 Any appeal shall be filed within(20)' Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development,LLC DATE: January 14,2003 ADDRESS: 231 Sutton St. Suite 2E-F PETITION: 2002-31 ' North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02, 12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public hearing was closed on December 10, 2002 by placing the petition "under advisement"for 40 days. The"under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, I' floor Town Hall, 120 Main Street, North Andover,Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development,LLC,231 Sutton Street,Suite 2E-F,North Andover,Massachusetts.This application was for 270 housing units per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential, and I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts. The following members were present and voting:Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley, William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev.Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 _. SUBDIVISION PLAN__ c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-16 EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 BOARD OF APPEALS 6X8-09541 BUILDING 688-9545 GONSERVATION11688-4530 HEALTH 688-9540 PL NNi GG 688-9535 1 j h GZA GeoEnvironmental, Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental, Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental, Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. Al-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03!02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH,FLOOR PLAN 12/03/02 y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates, Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley. Town of North Andover Board of Appeals Walter F.Soule Acting Chairperson 1 1 Decision on Comprehensive Permit ApplicatiQ&Y1`,E BRADSI-;M' T0YJN CLERK x= R T.� ANDOVER Valley Realty Development, LLC 231 Sutton Street, Suite 2E North Andover, MA 01845 ,SAN l S 2. 3b Petition No. 2002-31 PROCEDURAL HISTORY Valley Realty Development,LLC,("The Applicant"),is seeking a Comprehensive Permit pursuant to M.G.L.Chapter 40B, Sections 20 through 23,to construct 270 units of condominium housing of which 25%or 68 shall be set aside as"affordable,"in the Residential and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover, MA 01845, ("the Property"). The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11,2002 at 1:30pm. The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of ' Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley; Ellen P.McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused. A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by Thomas D. Laudani,Managerfor Valley Realty Development,LLC,forthe Comprehensive Permit Application to be continued and heard at a regular hearing to be held on September 10,2002 at 7:30 p.m.; an additional waiver for a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October 29, 2002 and November 12, 2002. At the July 9,2002 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development, LLC, 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin & Mellott, LLC,Attorneys at Law,One International Place, 18`h Floor, Boston, MA 02110;Gregory P.Smith,AIA,GSD Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE, Dermot J. Kelly Associates, Inc., 280 Main Street, Suite 204, North Reading, MA 01864; Steven Trettel, GZA- GeoEnvironmental, Inc.-Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress Associates, Inc., 17 Tewksbury Street,Andover,MA01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino, Valley Realty Development, LLC. Mark West,West Environmental,Inc.,122 Mast Road,Suite 6,Lee,NH 03824,represented the Applicant for matters pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings. The public hearing was closed on December 10,2002. The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the following submissions which include,but are not limited to,the following materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a Comprehensive Permit. 1. Exhibit A: Traffic Impact and Access Study, Proposed Development Project,The Meadows,North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC,April,2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc.for Valley Realty Development, LLC, November 2002; Page 1 of 19 4 1 3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover Zoning Board of Appeals, August 13, 2002,with subsequent revisions; 4. Exhibit D: Certificate of Legal Existence of Applicant; 5. Exhibit E: Certified List of Abutters; 6. Exhibit F: Sample Regulatory Agreement and Deed Rider; 7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographics,Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002,which are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the North Andover Zoning Board of Appeals reviewed forthe Comprehensive Permit decision.There are no outstanding issues raised by any Town Boards.All issues have been addressed by the Applicant. Prior to the close of the public hearing on December 17, 2002,the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT SENDER CONTENT/NOTES 8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test Realty Development,LLC 9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General 10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice Fink's Memo 11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review 12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary 13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review 14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review - 15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and Names 16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments 17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments 18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review 19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments Development 20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from Dept.Heads 21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture 22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Memo Page 2 of 19 1 T 23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments 24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett 25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review 26 11/07/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Ira Singer's Review 27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments z 28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Comments 29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments 30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kelly's Comments 31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request 32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop 33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1 34 08/12/02 ZBA-Abutters List for North. • Assessors Office Map 108C Parcel 33,38;39 Andover 35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental Notification Form 36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study 37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review Commissioner 38 '10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations 39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test Development,LLC In addition to the foregoing materials, the North..Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. (VHB)to provide a technical review of the Applicant's application, plans, and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.,This review was paid for from funds received from the Applicant for this purpose. The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be extended to the site at the Applicant's expense. All of the existing structures are to be demolished.The Project as proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings, each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage. Building 4 shall have 84 units and a 121 car garage; Lower Meadows-78 three bedroom townhouse style units in 27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces. The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations,with the Conservation Commission on August 28, 2002, DEP File Number 242-1169, for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to take place in the public right of way along Route 114 for the installation of utilities. Page 3 of 19 S 1 The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349.it is also identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33,38,and 39.The site is located in Zoning Districts Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993 indicates that the parcel is largely located in Zone C with a small portion in Zone A. Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility Letter to the Applicant on April 18,2002. As a result of the decision by the Massachusetts Housing Appeals Committee in Stuborn Ltd. Partnership v.Barnstable Bd. of Appeals, No. 98-01 (Decision March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee;an abutter,and Jay W illis,Esq., Alfred J. Morrison, also an abutter. In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the proposed Project on the Town of North Andover,specifically with respect to the impact on the public school system. As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and comments from the North Andover Zoning Board of Appeals and the North Andover Finance Committee representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive fiscal impact to the Town,with a final break even point in excess of 98 children. On August 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary of the Executive Office of Environmental Affairs, Robert Durand,to initiate the Massachusetts Environmental Policy Act(MEPA) review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31, 2002,which required that an Environmental Impact Report (EIR) be provided. In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The Applicant has stated that in order to create a deceleration lane; it will need permission and an easement from the Owner of the adjacent property to relocate a driveway and permission from the Massachusetts Highway Department to alter Route 114. A letter dated October 29, 2002 was received from Ira Singer, Town Administrator, Town of Middleton,expressing his concerns regarding traffic with respect to two access roads from the Property intersecting.Route 114 and the need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of Appeals on November 7,2002,a copy of which was also sent to Mr. Singer. In this response was included'a copy of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive Office of Environmental Affairs,Robert Durand, in which it stated that"the Expanded ENF included a traffic study performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we recommend that no further environmental review be required based on traffic issues." In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use of the name "Meadows"would conflict with other residential developments in Town already using that name. The Applicant submitted the name"Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower Page 4 of 19 Meadows to both the Fire Department and the Police Department,which approved the selection. The Project has been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used in conjunction with the new names. In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to work with the Fire Department on meeting their requests. In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup,the Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two locations for trash dumpters in the Upper Meadows/Oakridge Village;and private curbside trash pickup in the Lower Meadows/Maplewood Reserve. The Applicant has chosen the Citizens'Housing and Planning Association (CHAPA),as the agency to monitor the resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with them to this effect. FINDINGS 1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization" as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit. Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a.limited dividend organization, the Project is fundable bythe Federal Home Loan Bank of Boston's (FHLB/B) New England Fund through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust,the present owner. 2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B§20 or 760 CMR 31.04. 3. The Project. The Project,as shown on the final Site Plan,consists of a 192 condominium units in four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site, including forty-five (45) one bedroom units, one hundred forty-seven (147) two bedroom units and a total of 428 parking spaces with related improvements; 78 three-bedroom condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirtyfour(234)parking spaces with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housing to be Provided.Twenty-five per (25%)of the units or 68(sixty-eight)units shall be "low or moderate income housing"as that term is defined in MGL Chap. 40B § 20. Seven (7) additional affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The final number of afford able units shall be 75 or 27.78%of the total. The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall be fora term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction, as specified in the Conditions to this Decision. 5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services: In addition, the North Andover Zoning Board of Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with respect to traffic issues. Page 5 of 19 i e 6. Support by Town Board and Agencies. During the course of the public hearings,the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works, the Police Department,the Fire Department,the Conservation Commission, the Planning Board, and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding - issues. 7. Waivers Granted.As part of its application for a comprehensive permit,the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that these waivers,included herein as revised,are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4-0(four to zero)vote of the North Andover Zoning Board of Appeals taken on January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following conditions. Comprehensive Permit Conditions A. General Conditions 1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not be substantially changed,altered'or reconfiguredinanywaywithout modification to this Comprehensive Permit,after notice and hearing by law.The following plans were prepared for the Applicant: Prepared by Sheet Title Rev.Date a GSD Associates,Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental, Inc.-Mass. C-1A EXISTING.CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental, Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02. f GZA GeoEnvironmental, Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental, Inc.-Mass. C-2B SITE DEVELOPMENT AND GRADING PLAN 12/06/02 I GZA GeoEnvironmental, Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 Page 6 of 19 r o GSD Associates,Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates,Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates, Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02 y GSD Associates,Inca A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03102 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 2. All requirements of the New England Fund program as administered by the Federal Home Loan Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds. 3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy (270).The affordable units shall comprise twenty-five percent(25%)of the total or sixty-eight(68)units which shall be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others, in those units. 4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7) additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units approved. 5. All affordable units are to be sold through a lottery process in accordance with Massachusetts Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community Development Department,and approved by the North Andover Zoning Board of Appeals. Page 7 of 19 6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion of construction, issuance of Certificate(s)of Occupancy by the building commissioner and conveyance to individual unit owners. 7. During construction, all local, state and federal laws and regulations shall be followed regarding noise,vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize inconvenience to the residents in the area. 8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 9. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include either an Engineer's or an Architect's stamp, asappropriate. Documentation of recording, including either a document number or a book and page number shall be provided to the Building Commissioner. 10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage for general liability in an amount not less than$1,000,000,automobile liability, umbrella coverage,and Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of construction, including site preparation. 11. Prior to obtaining a building permit, the Applicant shall submit to the North Andover Zoning'Board of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site plan signed by a Registered Architect and a Registered Engineer, as appropriate. 12. The Building Commissioner shallbe the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions, or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 13. The comprehensive permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by virtue of the granting of the comprehensive permit. 14. The comprehensive permit shalt run with the land. 15. The comprehensive permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three(3)years after the later of the date of (a) recording of this Permit by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not subject to an appeal or contest. 16. Any substantial deviation from the Project Plan shall require the approval of the North Andover Zoning Board of Appeals,as determined by the Building Commissioner. 17. The Applicant shall not be permitted to receive a building permit (other than for the community building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive goals, based upon review of the form by the monitoring agent to be selected. 18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws, rules,and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 19. The Project shall comply with all applicable state and federal regulations including but not limited to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing,Electrical and Fire Codes. Page 8 of 19 20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation, tree and brush clearing, grading and general site mitigation measure. 21. To the extent permitted by the law,residents of the Town of North Andover are to be granted a local reference for o p he affordable units.In no case shall local preference be granted for more than seventy per cent(70/o) of the affordable units. 22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and Regulations, 521 CMR. B. SPECIFIC CONDITIONS 1. The Applicant shall be responsible for the snow removal,trash removal,rubbish removal,recyclable materials removal, road maintenance, and storm drainage maintenance on the property until such time as the organization of unit owners for the condominium assumes those obligations, which shall be stated in the condominium rules and regulations. 2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules and regulations of the condominium shall contain a provision which isnot less restrictive than the following: Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six(6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium; and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited, except as governed by the provisions of the Regulatory Agreement and Deed Rider. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The Applicant shall work with the Town of North Andover towards this goal. 4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association (CHAPA). 5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development. In addition,the seven(7)additional affordable one bedroom units of the applicant's choosing which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. Page 9 of 19 Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184§§31-33. Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals,the Applicant shall use its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity.In the event that the Department of Housing and Community Development(formerly the Executive Office of Communities and Development, EOCD) ("DHCD")is required by law to approve but declines to approve the perpetual restriction,the proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and approved by the DHCD, but in no case less than ninety-nine years as offered by the Applicant.. In this event,the Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to secure approval of the perpetual restriction,the written denial thereof, and the grounds for denial, IF PROVIDED; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every affordable unit in the Project effective upon the expiration of the affordability period. 6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge Village plus a community building. In addition, seven(7)additional one bedroom units of the Applicant's choosing shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper Meadows/Oakridge Village There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per unit. The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%. 7. The Applicant shallprovide handicapped accessible curb cuts at all locations where sidewalks cross over streets on the site. 8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled curbside trash pickup. 9. The Applicant shall provide snow storage locations on the site as shown on the final revised preliminary plan. 10. There shall be two driveways to the site as shown on the final revised preliminary site plan. 11. There shall be master fire alarm box(es) as required by state code. 12. All buildings shall be equipped with a sprinkler system as per State regulations and building code. 13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for entrance onto Route 114/Turnpike Street before a building permit is issued. 14. A fire protection system shall be designed by licensed fire protection engineer and approved by the North Andover Fire Department. 15. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility issues, including, but not limited to gas,sewer,water,etc. 16. Cross connection details and proper backflow information regarding water tie-ins and the type and size of water services shall be provided and approved by the North Andover Department of Public Works; such approval shall not be unreasonably withheld and shall be issued in a timely fashion. Page 10 of 19 1 17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer pumping station,shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part,to the Town of North Andover at no cost. The sewer pumping station shall remain privately owned. 18. The Applicant shall provide details on the sewer main and sewer services including profiles of the utility to the North Andover Department of Public Works. 19. Drawings and specifications of the sewer conduits,sewer connections,and sewer pumping station design shall be submitted to the North Andover Department of Public Works for review. 20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 21. Screening and landscaping shall be substantially in compliance with the plan provided. 22. A drainage system maintenance manual shall be provided to the North Andover Department of Public Works. 23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works prior to the issuance of any building permit other than a foundation permit or a building permit for the construction, of the community building. 24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the Property. 25. Whenever residents of the Project are eligible for school busing,the bus shall pickup and discharge students at the community building at Upper Meadows/Oakridge Village only. 26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower - Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State Forest and the site shall be identified with markings and small signs. 27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the road opening within the public right of way, including the water and sewer connections, in the amount to be determined by the North Andover Department of Public Works, in the form of a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals. 28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such signal be installed by the Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower Meadows/Maplewood Reserve,and shall have a pull box at each end. 29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board of Appeals as part of this decision. 30. Upon completion of the project construction and 80%occupancy of the project units,the Applicant shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals project, as currently proposed.This study shall be supplied to the North Andover Zoning Board of Appeals for the information. The results of this revised Traffic Impact and Access Study are for informational purposes only. Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study completed. Page 11 of 19 , Approved Waivers to the By-Laws and Regulations in Effect in the Town of North Andover For the Approved 270 Unit Residential Housing Project To be known as The Meadows(now known as "OAKRIDGE VILLAGE"and "MAPLEWOOD RESERVE'q at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by GZA GeoEnvironmental,Inc.-Mass.and plans and drawings prepared by GSD Associates, Inc. including Prepared by Sheet Title Rev.Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02' o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates, Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates,Inc. A11-1.1 TYR 36 UNIT BLDG.FLOOR PLANS 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS Page 12 of 19 v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates, Inc. A2-1.2 TYR 84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYR TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers described herein are granted. The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the , Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294 units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or 68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven(7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village,. for a total of 75 affordable units or 27.78%. The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a number of kennels, fenced dog runs, and residential structures; however, the majority of the site is vacant and unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (l-1) and Residential 2(R-2). Multi-family dwellings are not allowed by right in 1-1 and R-2 districts. In addition to market rate and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the site.The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law. Waivers Required from the Zoning Bylaw Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the following waivers. 1. Section 1 - Purposes: A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern this Application,where they are in conflict. 2. Section 4-Buildings and Uses Permitted: Page 13 of 19 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted.All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit.A waiver from this section is granted since the proposed multi family use is not allowable in the Industrial-1 and Residential-2 district.A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear feet to depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver is granted from this section in its entirety.This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985120)way giving access to a building or use or not permitted in residential district shall be laid out or constructed so as to pass through a residential district.This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states:One family dwelling,but not to exceed one dwelling on any one lot.A waiver from this section is granted to allow multi-family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states:Swimming pools in excess of two(2)feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten(10)foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious, or offensive to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club.The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety.This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7- Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02(rev.),including a waiver from Footnote 1,page FN1, 10'from the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to 40')from the property fine and 60'from the requirement that no building be located less than 100'from Route 114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property linea Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all zoning districts. Page 15 of 19 ZONING REQUIREMENTS WETLANDS REQUIREMENTS • BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. ront Side Rear Ir.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build Min.SF Max. FT Min.FT Ain.FT Min. FT Min.FT 3atio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT DG.# ESCRIPTION Res.2 District Req'ts 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50 19 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 0 Waivers Required no no no no no N/A N/A N/A N/A no no SEWER no no N/A no no 20 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A >25 <50 aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 21 OMMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 0 Waivers Required no no no no no WA N/A N/A N/A no no N/A no no N/A no na 22 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A N/A N/A N/A yes 'yes N/A no yes N/A no yes 23 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A NIA <50 <75 N/A >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A N/A N/A N/A yes yesN/A no yes N/A no yes 24 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A NAA N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no NIA no no 25 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NAA N/A >50 <76 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A NAA NAA N/A no yes N/A no no N/A no no 26 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A N/A >50' <75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A NAA N/A N/A no yes N/A no no N/A no no 27 5 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A ; " N/A NAA >50 >75 N/A >25 >50 N/A >25 >50 Waivers Granted yes no no no no N/A NAA N/A N/A no no N/A no no N/A no no. 28 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no N/A WA N/A N/A no no NLA no no WA no no UB TOTALS 1,604,600 2.12 o Waivers Required no N/A TOTALS 2,053,543 Page 17 of 19 1005/02(rev.) THE MEADOWS/OAKRIDGE VILLAGE & MAPLEWOOD RESERVE - LIST OF DIMENSIONAL WAIVERS BY BUILDING ZONING REQUIREMENTS WETLANDS REQUIREMENTS BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. ront Side Rear 9r.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build Min.SF Max.FT Min.FT Win.FT Min. FT Min.FT Ratio Max. Max. Density Max/Acre Space Zone FT Zone FT. SetbackFT Zone FT Zone FT N/A Zone FT Zone FT nd. 1 District Requirements BLDG.# ESCRIPTION 80,000 55 150 50 50 50 0.500:1 35%, N/A N/A 50 75 100 25 50 N/A 25 50 PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A 1 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 N/A >25 >50 N/A >25 >50 Waivers Granted no no yes no no N/A no no SEWER no no N/A no no 2 36 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 SYSTEM >25 >50 N/A >25 >50 aivers Granted no no yes no no N/A no no N/A no no N/A no no 3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 N/A >50 >75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no yes no , N/A no no N/A no no N/A no no 4 34 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >50 0.375:1 8.0% 8.12 N/A >50 >75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A no no N/A no no N/A no no 5 DOMMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5% 0 N/A >50 >75 N/A >25 >50 NIA >25 >50 o Waivers Required no no no no no WA no no WA no no N/A no no UB TOTALS 448,943 0.730:1 19.0% 18.56 Waivers Granted no yes no N/A es.2 District Requirements BLDG.# ESCRIPTION 43,560 35 150 30 30 30 N/A NIA N/A N/A 50 75 100 25 50 N/A 25 50 OWER MEADOWS(MAPLEWOOD 1,604,600 6 112 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A <25 <50 N/A <25 <50 aivers Granted yes no no no no N/A N/A N/A N/A yes yes SEWER yes yes N/A yes yes 7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A <25. <50 aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A yes yes 8 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 <75 N/A >25 >50 N/A >25 >50 Waivers Granted no no no no no N/A N/A NIA N/A no yes N/A no no N/A no no 9 UNITS+.2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A WA N/A >50 >75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A N/A N/A N/A no no NIA no no N/A no no 10 CAR GARAGE <35 >150 >30 >30 >30 N/A NFA N/A N/A <50 <75 NIA >25 <50 N/A >25 <50 aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 11 5 UNITS >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 Waivers Granted yes no no no no N/A N/A NIA N/A no no N/A no no N/A no no 12 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5C alvers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 NFA NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <5( aivers Granted yes no yes yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no ye: 14 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5( Waivers Granted yes no no no no N/A NIA N/A N/A yes yes N/A no yes N/A no ye! 15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <51 Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye: 16 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A NIA N/A N/A <50 <75 N/A >25 <50 N/A >25 <5 Waivers Granted yes no yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no ye 17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5 Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no YE 18 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <E aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no YE Page 16 of 19 7 , r Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide and 20'wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one (1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided for every 20 parking spaces provided on site.The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts(1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10-Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project.References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I-S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands BVIaW A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools(Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted forwaterand sewerconnection fees associated with the 75 affordable units[see Specific Condition#29, Page 11 of 19]. Page 19 of 19 1J.DD Jrda/d'2b30 NORTH ATLANTIC PAGE @1 NORTHPOINT Realty Development SOUTHPOINT Rwky Development PO Box 3439 -1851'+1 L e Avenve Andover, MA o-i8-io Delray Beach, FL 33483 (978) 47257 (56.1)272-9958 Date: October 2-9,2oo2 To: North Andover Fire Dept.(Chief William Dolan and Lt_Andrew.Mehnikas) North Andover Pali pt.(Richard Boettcher,Communications Supervisor) From: Gerry-Lynn Darcy Re: Name Change for"the Meadow" cc: Chris Huntress,Dermott Kelly,Julie Parrino,Karen Pollastrino,Thomas Laudani, Robert Nicetta, Gregg Smith,William Sullivan,Steve Trettel We have been requested to change the name of our proposed 4oB development. It appears as thought"the Meadows"has already been used for a few locations in Town. To avoid any potential confusion with the public safety departments servicing our Town,we have chosen the names listed below. UpperMeadow "Parker Common" Lower Meadow "Parker Reserve" Please contact me immediately should there be a problem with the new names as provided. Thank you in advance for your attention to this matter. r..a CD rl CF- ( M r Fn, BOARD OF APPEALS NORT"Pa1NT Realty Development SOUTNPOINT Realty Developmennt PO Box 3039 -i 85 NF 61 Avenue Andover, MA o18ho Delray Beach, FL 33483 (978) 470-8257 (561) 272-9958 4` Date: October 29,2-002 To: North Andover Fire Dept.(Chief William Dolan and Lt.Andrew Melnikas) North Andover Poli t.(Richard Boettcher,Communications Supervisor) From: Gerry-Lynn Darcy Re: Name Change for"the Meadow" CC: Chris Huntress,Derrnott Kelly,Julie Parrino,Karen Pollastrino,Thomas Laudani, Robert Nicetta,Gregg Smith,Williams Sullivan,Steve Trettel We have been requested to change the name of our proposed 4oB development. It appears as thought"the Meadows"has already been used for a few locations in Town. To avoid any potential confusion with the public safety departments servicing our Town,we have chosen the names listed below. Upper Meadow "Parker Common" Lower Meadow "Parker Reserve" Please contact me immediately should there be a problem with the new names as provided Thank you in advance for your attention to this matter. N C� G CD Cn N 6' rn r ,'J BOARD OF APPEALS f a` ORTHPOINT REALTY DEVELOPMENT OfJT IPOINT Northpoint Realty Development Southpoint Realty DeveJopment P.O.Box 907 1020 Miramar Drive North Andover,MA o1845 Delray Beach,FL 33483 (978)327-654o (561)272-9958 ............................................................................................................................................................ Date: October 14,2003 To: North Andover Zoning Board of Appeals Robert Nicetta,Code Enforcement Officer From: Gerry-Lynn Darcy Valley Realty Development,LLC Re: Oakridge Village and Maplewood Reserve Final Approval under Decision#2002-31 cc: Thomas Laudani,Robert Levy In an effort to finalize the remaining open item as it relates to our Decision on Comprehensive Pelt' dated January 14,2oo3,and to expedite our ability to obtain a building permit,I have been equie et „ to attach the Performance Guarantee and Letter of Credit for the project as referenced above for 4. sign off by the North Andover Zoning Board of Appeals. E5 This document must be approved for its'format and content. The actual amount to be secured by this document will not be inserted until such date that VHB(or other Town Consultant)has ass gned specific values to the corresponding improvements as they relate to said Performance Guarantee and Letter of Credit. Additionally,the content of this Performance Guarantee and Letter of Credit is subject to future modifications,by the Developer,only upon approval by the majority of the Members of the North Andover Zoning Board of Appeals. Furthermore,it is the Board's intention to appoint the Building Commissioner/Code Enforcement Officer as its'authorized agent to issue approval of the amount to be secured by said Performance Guarantee and Letter of Credit based on the schedule of values as provided by the Town's Consultant for the proposed improvements. In addition to the above,the Building Commissioner/Code Enforcement Officer is also responsible for approving the executed regulatory agreement form,and affirmative action plan prior to the issuance of a foundation permit for any building to be erected within the Project. Approved on October 14,2oo3: Date Date fd 63 Date Date PERFORMANCE GUARANTY AND LETTER OF CREDIT AGREEMENT .i J �31 THIS AGREEMENT (the"Agreement") effective as of Date,by and between the Town of North Andover Zoning Board of Appeals (the"ZBA'),with an address at 27 Charles Street,North Andover, MA 01845, and Valley Realty Development, LLC ("Developer"), having an address of 231 Sutton Street, Suite 2F,North Andover, MA 01845. WITNESSETH: WHEREAS, Developer is the owner of certain property known as Oakridge Village and Maplewood Reserve located at 2357 Turnpike Street,North Andover, Massachusetts and being more particularly described in Exhibit A attached hereto (the "Property"); WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant to M.G.L. c. 40B, §20 et. seq., dated January 14,2003 (the"Permit") for the construction of a 270 unit residential condominium (the"Project"); WHEREAS, the Developer did not appeal the Permit or the conditions therein and therefore all rights for such appeal by the Developer are hereby waived by the Developer; WHEREAS, the ZBA has required as a condition of the Permit that the Developer provide security for the completion of certain improvements to the Property(the "Improvements") set forth in the letter of Vanasse Hangen Brustlin,Inc. ("VHB"}to Mr. Robert Nicetta, dated , a copy of which is attached hereto as Exhibit B (the "VHB Letter"); WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of Credit in lieu of a surety bond as stated in specific condition 27 in the"Permit", to cover the cost associated with the improvements as set forth in said condition, inclusive of water and sewer improvements; and WHEREAS, the Developer has agreed to guarantee the construction of the Improvements and to provide the required security in the form of a Letter of Credit, which Letter of Credit will be governed by the terms and conditions hereof. NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereby covenant and agree as follows: 1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of Credit No in the amount of (the"Stated Amount") in favor of the ZBA issued by (the"Bank") and dated (the"Letter of Credit")with an expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA {K0247031.5} shall hold the Letter of Credit, subject to the terms and conditions of this Agreement. 2. Release of the Letter of Credit. The parties acknowledge that the Improvements to be completed and the estimated costs associated therewith are contained in the VHB Letter. The Letter of Credit shall be released or partially released, as the case may be,upon completion or partial completion of the Improvements. Accordingly, upon the certification to the ZBA, from time to time, by VHB or such other consultant approved by the ZBA (the"ZBA Consultant") certifying the Improvements that have been completed and the corresponding dollar value ascribed to such Improvements in the VHB Letter(the "Consultant's Certificate'),the Letter of Credit shall be reduced by such amount. The ZBA shall cooperate with the Developer and(Bank) in facilitating the reduction of the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the Building Commissioner for the Town of North Andover, or his designee, shall promptly execute and deliver to the Developer, for delivery to the Bank, a written direction that the Stated Amount in the Letter of Credit be reduced by the amount contained in the Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D. Upon certification by the ZBA Consultant that all the Improvements have been completed, the Letter of Credit shall be returned to Developer and terminated and the Building Commissioner shall so instruct the Bank. The Developer shall pay forthwith, upon written demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic certification, from time to time,by the ZBA Consultant. Notwithstanding the foregoing, upon failure of the Developer to pay such costs and expenses, the ZBA may, ten(10)days after written demand to the Developer therefore, draw upon the Letter of Credit for such payment. 3. Presentment of the Letter of Credit. In the event the Improvements have not been completed on or before , thereafter the ZBA may draw on the Letter of Credit in the amount of such costs necessary to complete the Improvements not previously completed,or not certified by VHB to have been completed, including, but not limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn upon, the amount drawn shall be used for the completion of the Improvements. Any unused funds will be returned to Developer upon completion of the Improvements on behalf of the ZBA. 4. Renewal of the Letter of Credit. In the event the Developer has not completed the Improvements on or before ,Developer shall replace or extend the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior . In the event Developer fails to replace or extend the Letter of Credit on or before , the ZBA may draw on the Letter of Credit and the proceeds thereof shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either fund the cost of the Improvements or be returned to Developer, as the case may be. 5. Performance Guaranty. Developer hereby agrees, warrants and guaranties to the ZBA that it will complete the Improvements as required. The provisions hereof are rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection with the Permit. The foregoing may not be relied upon for any other purpose or relied upon by any other persons or entities for any reason nor shall it be deemed to create any K0247 1.5 � 03 ) _ 2 rights in any party or entity other than the ZBA. 6. Amendments. This Agreement may not be waived changed, or discharged orally but only by an agreement in writing signed by thep arties hereto. 7. Notices. Any notices required to be furnished by either party hereto shall be personally delivered, sent by overnight courier or by certified mail,return receipt requested to the parties at the above-noted addresses, and in case of notice to Developer, a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin &Mellott, LLC, One International Place, 18`h Floor, Boston, MA 02110, or at such other address as the parties may designate in writing to the other party hereto. 8. Miscellaneous. Time shall be of the essence of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement shall be binding upon the successors and assignees of Developers development rights to the Project. The parties hereto waive the right to trial by jury in any action to enforce the provisions of this Agreement. The parties further agree that any action to enforce the provisions of this Agreement shall be brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of the Superior Court, the Lawrence District Court. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as a sealed instrument as of the date and year first above written. Signatures on next page. {K0247031.51 3 i TOWN OF NORTH ANDOVER Valley Realty Development, LLC ZONING BOARD OF APPEALS By: A,4,0By: BX�C1 By: By: BY t !` By: By: (K0247031.5} 4 EXHIBIT C LETTER OF CREDIT {K0247031.5) 7 EXHIBIT D LETTER OF TOWN TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 [insert date] Bank Re: Irrevocable Letter of Credit No. Beneficiary: Town of North Andover Customer: Dear Sir/Madam: You are hereby authorized and directed to permanently reduce the Stated Amount of the above referenced Letter of Credit by the amount of[insert amount o reduction) ($ )US Dollars. Thank you for your attention to this matter. Very truly yours, cc: Bank Valley Realty Development, LLC {K0247031.5) 8 Town of North Andover E NORTit Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Streetrep ' °+ •�---• ~a' North Andover,Massachusetts 01845 'ss^c D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Oakridge Village and Maplewood Reserve Notice of Approval under Decision#2002-31 NAME: Valley Realty Development,LLC DATE: November 3,2003 ADDRESS: 231 Sutton.St. Suite 2E-F PETITION: 2002-31 North Andover,MA 01845 HEARING: 07/09/02,08/13/02,09/10/02, 10/17/02, 10/22/02, 10/29/02, 11/12/02, 12/10/02 Voting Members:Ellen McIntyre,George Earley,Walter Soule The attached Letter of Credit, Affirmative Action Plan and Regulatory Agreement for Oakridge Village and Maplewood Reserve (approved by the North Andover Zoning Board of Appeals for a comprehensive permit pursuant to MGL Chap. 40B §§20-22 for 270 housing units on January 14, 2003) are approved by the North Andover Zoning Board of Appeals and.Code Enforcement Officer. Any Substantial modifications to the attached documents must be approved by a majority vote of the North Andover Zoning Board of Appeals. Robert icetta Ellen McIntyre r `AM. i -1i George Earley Walter Soule 9 -- a,a _O BOARD OF.APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 PERFORMANCE GUARANTY AND LETTER OF CREDIT AG FENT 6.J THIS AGREEMENT (the "Agreement") effective as of Date, by and between the Town of North Andover Zoning Board of Appeals (the "ZBA"), with an address at 27 Charles Street, North Andover, MA 01845, and Valley Realty Development, LLC ("Developer"), having an address of 231 Sutton Street, Suite 2F,North Andover, MA 01845. WITNESSETH: WHEREAS, Developer is the owner of certain property known as Oakridge Village and Maplewood Reserve located at 2357 Turnpike Street, North Andover, Massachusetts and being more particularly described in Exhibit A attached hereto (the "Propert WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant to M.G.L. c. 40B, §20 et. seq., dated January 14, 2003 (the"Permit")for the construction of a 270 unit residential condominium (the "Project"); WHEREAS,the Developer did not appeal the Permit or the conditions therein and therefore all rights for such appeal by the Developer are hereby waived by the Developer; WHEREAS, the ZBA has required as a condition of the Permit that the Developer provide security for the completion of certain improvements to the Property(the "Improvements") set forth in the letter of Vanasse Hangen Brustlin, Inc. ("VHB')to Mr. Robert Nicetta, dated ; a copy of which is attached hereto as Exhibit B (the "VHB Letter"); WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of Credit in lieu of a surety bond as stated in specific condition 27 in the"Permit", to cover the cost associated with the improvements as set forth in said condition, inclusive of water and sewer improvements; and WHEREAS, the Developer has agreed to guarantee the construction of the Improvements and to provide the required security in the form of a Letter of Credit, which Letter of Credit will be governed by the terms and conditions hereof. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: 1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of Credit No in the amount of (the "Stated Amount") in favor of the ZBA issued by (the "Bank") and dated (the"Letter of Credit")with an expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA (K0247031.5) shall hold the Letter of Credit, subject to the terms and conditions of this Agreement. 2. Release of the Letter of Credit. The parties acknowledge that the Improvements to be completed and the estimated costs associated therewith are contained in the VHB Letter. The Letter of Credit shall be released or partially released, as the case may be, upon completion or partial completion of the Improvements. Accordingly, upon the certification to the ZBA, from time to time, by VHB or such other consultant approved by the ZBA (the "ZBA Consultant") certifying the Improvements that have been completed and the corresponding dollar value ascribed to such Improvements in the VHB Letter(the "Consultant's Certificate"), the Letter of Credit shall be reduced by such amount. The ZBA shall cooperate with the Developer and (Bank) in facilitating the reduction of the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the Building Commissioner for the Town of North Andover, or his designee, shall promptly execute and deliver to the Developer, for delivery to the Bank, a written direction that the Stated Amount in the Letter of Credit be reduced by the amount contained in the Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D. Upon certification by the ZBA Consultant that all the Improvements have been completed, the Letter of Credit shall be returned to Developer and terminated and the Building Commissioner shall so instruct the Bank. The Developer shall pay forthwith,upon written demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic certification, from time to time,by the ZBA Consultant. Notwithstanding the foregoing, upon failure of the Developer to pay such costs and expenses,the ZBA may, ten(10) days after written demand to the Developer therefore, draw upon the Letter of Credit for such payment. 3. Presentment of the Letter of Credit. In the event the Improvements have not been completed on or before ,thereafter the ZBA may draw on the Letter of Credit in the amount of such costs necessary to complete the Improvements not previously completed, or not certified by VHB to have been completed, including,but not limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn upon, the amount drawn shall be used for the completion of the Improvements. Any unused funds will be returned to Developer upon completion of the Improvements on behalf of the ZBA. 4. Renewal of the Letter of Credit. In the event the Developer has not completed the Improvements on or before , Developer shall replace or extend the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior . In the event Developer fails to replace or extend the Letter of Credit on or before , the ZBA may draw on the Letter of Credit and the proceeds thereof shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either fund the cost of the Improvements or be returned to Developer, as the case may be. 5. Performance Guaranty. Developer hereby agrees, warrants and guaranties to the ZBA that it will complete the Improvements as required. The provisions hereof are rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection with the Permit. The foregoing may not be relied upon for any other purpose or relied upon by any other persons or entities for any reason nor shall it be deemed to create any {K0247031.5} 2 rights in any party or entity other than the ZBA. 6. Amendments. This Agreement may not be waived, changed, or discharged orally but only by an agreement in writing signed by the parties hereto. 7. Notices. Any notices required to be furnished by either party hereto shall be personally delivered, sent by overnight courier or by certified mail, return receipt requested to the parties at the above-noted addresses, and in case of notice to Developer, a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin & Mellott, LLC, One International Place, 18`h Floor, Boston, MA 02110, or at such other address as the parties may designate in writing to the other party hereto. 8. Miscellaneous. Time shall be of the essence of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement shall be binding upon the successors and assignees of Developers development rights to the Project. The parties hereto waive the right to trial by jury in any action to enforce the provisions of this Agreement. The parties further agree that any action to enforce the provisions of this Agreement shall be brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of the Superior Court, the Lawrence District Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as a sealed instrument as of the date and year first above written. Signatures on next page. (K0247031.5) 3 TOWN OF NORTH ANDOVER Valley Realty Development, LLC ZONING BOARD OF APPEALS By: By: Y B By: B1 Y: By: ��-- By: By: { K0247031.5) 4 EXHIBIT C LETTER OF CREDIT {K0247031.5} 7 EXHIBIT D LETTER OF TOWN TOWN.OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 [insert date] Bank Re: Irrevocable Letter of Credit No. Beneficiary: Town of North Andover Customer: Dear Sir/Madam: You are hereby authorized and directed to permanently reduce the Stated Amount of the above referenced Letter of Credit by the amount of Einsert amount of reduction) f$ )US Dollars. Thank you for your attention to this matter. Very truly yours, cc: Bank Valley Realty Development, LLC (K0247031.5) 8 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) 2357 Turnpike Street North Andover, Massachusetts 01845 Cn C:-7 a rsp Submitted by: JTE Realty Associates, LLC P. O. Box 955 North Andover, Massachusetts 01845 Telephone (978)258-3492 Date: October 3, 2003 Oakridge Village Maplewood Reserve Property Description The project is a community of 270 new construction condominiums located at 2357 Turnpike Street. The project is being developed by Valley Realty Development, LLC, also located in North Andover. The project consists of Oakridge Village/(f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows). Oakridge Village consists of 192 condominium units located in 4 three-level elevator buildings constructed of steel frame and concrete flooring with 45 one-bedroom units and 147 two-bedroom units, community building, outdoor pool and 428 parking spaces. Maplewood Reserve consists of 78 three-bedroom townhouse condominiums located in 27 residential buildings, a community building, outdoor pool and 234 parking spaces. Each community building will have sitting area with fireplace, fitness center and common area kitchen. Other site amenities within the community include a tot lot, hiking trails and kiosk bus stop. Twenty-five percent (25%) plus an additional seven units, for a total of 75 units, 27.78%, will be sold by lottery as affordable units and targeted as described below. The affordable units will be dispersed throughout the development, mixed with market rate units, and shall be indistinguishable from the outside as being affordable. The applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures and appliances in the affordable units shall be the same as those in the standard market rate units at the time of first conveyance. This shall not be construed to prevent buyers of standard market rate units from upgrading the utilities, equipment, fixtures and appliances, among others, in those units. Pre-construction one-bedroom market rate units will range in price from $199,000 to $215,000. The eighteen (18) affordable one-bedroom units will have a price of$146,000. Pre-construction two bedroom market rate units will range in price from $235,000 to $255,000. The thirty-seven (37) affordable two-bedroom units will have a price of $160,000. Pre-construction three bedroom market rate units will range in price from $399,000 to $439,000. The twenty(20) affordable three bedroom townhouses will have a price of$174,000. -1- The one, two and three bedroom affordable units will be allocated between the major set- aside categories follows: 18 37 20 75 1-Bedroom' 2 Bedroom 3 Bedroom Total Up to Local Set Aside 70% 12 26 14 52 General Population 30% 6 11 6 23 Total 18 37 20 75 Income and Asset Requirements Purchasers of the 75 affordable units will be required to have incomes below 80% of current Median Income for the Lawrence PMSA, adjusted for family size. Annual income is defined as the gross annual income of all household members over the age of 18 (not including full time students) during the most recent calendar year (2004, or later date to be determined based on construction timeline). For households under the age of 55, the total gross asset limitation is $50,000, including the value of the primary residence. If one household member is over the age of 55, the total gross household asset limitation is $375,000 including the value of the primary residence. Other threshold requirements, such as minimum/maximum household size and the ability to obtain financing and pay closing costs on the part of applicants apply. Applicants must remain qualified at all stages of the process including pre-screening, lottery selection, mortgage commitment and conveyance. Evidence of eligibility may be requested from the applicant subsequent to the submittal of the application and through the time a unit is sold by the developer. Local Set Aside Local Set Aside—Up to 70%, 52 Units: Up to seventy percent (70) percent of the seventy-five (75) affordable units, a total of fifty-three(52)units, will be established as a local set aside. The Lawrence PMSA has a minority percentage of 19.9%. In order to comply with DHCD regulations, after the close of the advertising period, if the percentage of minority applicants in the local preference pool is less than the percentage of minorities in the surrounding HUD-defined area, the number of minority applicants in the local preference pool will need to be adjusted to the percentage of minorities in the surrounding HUD- defined area, by adding the required number of minority applications from the general state-wide pool to achieve the appropriate representation within the local preference pool. -2- A pre-lottery will be conducted at the beginning of the affordable unit lottery to select the appropriate number of minority applications that will be entered in the local preference pool to comply with this regulation. Applicants will be entered into all pools for which they qualify. Within this local set aside category, 26 units will be established as the North Andover municipal employee preference pool (Pool #1). To be eligible for this preference, at least one member of the applicant household must be a North Andover municipal employee, as defined. A North Andover municipal employee is defined as a household in which any member is currently employed by the Town of North Andover or a retired Town of North Andover employee or any member of the household that is currently employed by the North Andover Housing Authority or retired by the North Andover Housing Authority, regardless of where they currently reside. Within the local set aside category, eleven (11) units will be set aside for North Andover residents over age 55 (Pool #2) and fifteen (15) units will be set aside for North Andover residents under the age of 55 (Pool #3-all other residents). To be eligible for either preference, at least one member of the applicant household must be a North Andover resident or an immediate family member of current North Andover resident, as defined. A resident of the Town of North Andover is defined as a current resident of the Town of North Andover or a person, regardless of where they currently reside, who has a member of their immediate family who currently resides in North Andover. Immediate family includes a parent, child or sibling. The allocation of the one, two and three bedroom units within the Local Preference category will be split among three pools as follows: 12 26 14 1-Bedroom 2 Bedroom 3 Bedroom Total Municipal Employees Pool#1 - 6 14 6 26 Residents—Over Age 55 -Pool#2 3 6 2 11 Resident—Under Age 55 Pool#3 3 6 6 15 Total 12 26 14 52 -3- The order of drawing within the local set aside will be Pool #1, Pool #2 and Pool #3. If there are an insufficient number of ballots in Pool #1 to fill the 26 affordable units, the remaining balance of units will be added to Pool #2. If there are an insufficient number of ballots to fill the 11 affordable units in Pool #2, the remaining balance of units will be added to Pool#3. General Population—30%, 23 Units: Thirty percent (30%) of the 75 units equal to 23 units will be set-aside for the statewide general population. Within the General Population category, 23 units will be set-aside as the statewide population pool. 1-Bedroom' 2 Bedroom 3 Bedroom Total State Wide General Population 6 11 6 23 -Pool #4 Total Eligible applicants will be placed in as many pools as that they are qualified to enter in accordance with DHCD regulations. A confirmation letter indicating which lottery pools the eligible applicants have been entered into and a registration card/ballot with registration number will be provided by mail, at the conclusion of all preliminary requirements, as noted above. Affirmative Marketing Plan In accordance with Section 5 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area-wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least sixty (60) days prior to the selection of buyers for the affordable units. The Developer agrees to maintain for at least five (5) years following the sale of the affordable units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality. -4- Advertising and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The outreach program will also inform local residents and non-residents about the availability of the affordable program units. The affirmative fair marketing plan will utilize the following approach: • Newspaper advertising in minority and community publications • Communications with community groups, social, religious, municipal Advertisements will be placed in the following newspapers: Newspaper Target Market Rumbo Hispanic Baystate Banner African American The Sampan Asian/Pacific Islander O Journal Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be placed in all of the newspapers twice (one/month) during the sixty-day advertising period. All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as the Lawrence Eagle Tribune or the Lowell Sun, will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years. Outreach Plan In addition to newspaper advertising in minority and community publications, direct outreach efforts will be made to local churches, social services, and civic organizations. Telephone contact with a follow-up letter to each organization will explain the affordable condominium home opportunity at Oakridge Village/Maplewood Reserve for participation by eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. -5- The town's website will also be used to notify municipal employees of the affordable condominium home opportunity. Notices will also be prepared for municipal employees and included with a payroll during the advertising period. This will include details of where or how to obtain an application and information packet and details regarding the training sessions. Advertising? and Sales Promotion Timetable Subsequent to receiving the monitoring agent (CHAPA) approval, advertising and outreach will commence for a sixty (60) day period six to eight months prior to estimated completion date of the first building. The projected occupancy date of the first building is to be determined. During this period of time applications will be accepted from all groups. Two informational meetings will be held during the sixty (60) advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend the informational meeting. Within a two to three week period of the close of the advertising and pre-lottery activities, the affordable unit lottery will be conducted. Due to the possibility that the project may be built-out with significantly different initial occupancy dates, it may be necessary to conduct two separate lotteries; one for Oakridge Village and one for Maplewood Reserve. If it becomes necessary to conduct two separate lotteries, the outreach plan, advertising and sales promotion, two informational meetings and application intake and processing will be conducted, separately for Oakridge Village and Maplewood Reserve, within the six to eight months of initial occupancy. Buyer Selection Process The selection process for the affordable units will consist of a series of pools referenced generally as a lottery selection. The pools have been designed to recognize a North Andover municipal employee preference, a North Andover elderly preference, a North Andover residency and Immediate Family of Current Residents, as outlined and further defined in the Local and Minority Preference Plan. Pool#1 Pool#2 Pool#3 Pool#4 Municipal Employee Residents and Residents and General and N. Andover Immediate Immediate State Wide Housing Authority Family Members, Family Members, Population employee, as defined as defined as defined— Over Age 55 Under age 55 Elderly 26 Units 11 Units 15 Units 23 Units -6- Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail after the close of advertising and pre- lottery activities, described above under the Local Set Aside section, and will receive: • Confirmation Letter — confirming threshold eligibility with registration number and information regarding the number of pools the household will be entered in. • Registration Card — This registration card will have two sections, an applicant section and perforated sections representing a ballot for each lottery pool. Applicants will receive their portion of the card with registration number. The perforated matching ballots will be used to enter the eligible applicants in the pools that they have been qualified to enter. These ballots will have matching registration numbers to the applicant registration section. Eligible applicants will be entered in as many pools that they are eligible to enter. The ballots will be placed in the ballot box and drawn one by one. The order of the application selection will be as follows: Pool#1 Pool #2 Pool#3 Pool#4 All ballots placed in the pools will be drawn randomly and assigned a lottery selection number in the order drawn. Four Lottery Selection Lists will be established to match the corresponding Lottery Pools and to track the order of ballot selection After completing the selection of every ballot for Pool #1 and assigning a lottery selection placement number on Pool #1 Lottery Selection List, the lottery selection will move on to the next pool and the same procedure will be implemented until all ballots have been pulled from all Pools and all Lottery Selection Lists have been completed. There are three unit sizes in Oakridge Village/Maplewood Reserve that have been proportionately allocated among the pools as outlined above. Once the application selection is complete, the appropriate number of selected applications for each pool by bedroom size need will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. -7- The order of drawing within the local set aside will be Pool #1, Pool #2 and Pool #3. If there are an insufficient number of ballots in Pool #1 to fill the affordable unit allocation, the remaining balance of units will be added to Pool #2. If there are an insufficient number of ballots to fill the affordable unit allocation in Pool #2, the remaining balance of units will be added to Pool#3. If, after completing the ballot selection of the local set aside, there are any remaining affordable units, those units will be added to the General State Wide Set Aside category, Pool ##4. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant in the appropriate pool with the same bedroom need size will be notified that they must begin the process of obtaining their financing. -8- L LtREGULATORY AGREEMENT .IY. S f-�ii.J [FHLBB-NEW ENGLAND FUND] `- "j*a `1 P 3: For Ownership Projects This Regulatory Agreement(this"Agreement") is made this day of 2004 by Valley Realty Development, LLC , a Massachusetts Limited Liability Company having an address at P.O. Box 907 North Andover,MA 01845 ("Developer") and ,N.A. of , MA (the"Bank"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND: A. The Developer intends to construct a 270-unit homeownership development on an approximate 47.14 acre site on Turnpike Street Road in North Andover, MA, more particularly described in Exhibit A attached to and made apart of this Agreement(the "Project"); B. The Developer has received a comprehensive permit(the "Comprehensive Permit") from the Zoning Board of Appeals for the City/Town of North Andover(the "Municipality")under Chapter 40B of the Massachusetts General Laws,which permit is recorded at the Essex North District Registry of Deeds(the"Registry")herewith. C. The Comprehensive Permit has specified that 75 units, or 27.78% of the total units in the Project will be affordable units(the"Affordable Units")which will be subject to this Regulatory Agreement to restrict the sale of the Affordable Units to moderate income first time home buyers. D. Pursuant to the terms of this Regulatory Agreement, the Affordable Units will be sold to households earning no more than eighty percent(80%)of the median income,by household size, for the Lawrence, MA-NH PMSA Area(the "Base Income") as published from time to time by the Department of Housing and Community Development of the Commonwealth of Massachusetts or successor agency("DHCD"). E. The Project is being financed under the Federal Home Loan Bank of Boston's New England Fund("NEF") and the NEF requires that the Developer provide the number of Affordable Units described above; F. Pursuant to the requirements of the Comprehensive Permit and this Regulatory Agreement, the Developer has agreed to retain Citizens'Housing and Planning Association, Inc. (the "Monitoring Agent") to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. G. The Affordable Units in Oakridge Village are the following Units: Building 1: Units 3, 5, 9, 11,15, 17, 21, 23, 27, 33, 35; Building 2: Units 39,41, 45, 47, 51, 53, 59, 63, 65, 71; Building 3: Units 76, 81, 83, 86, 92, 95, 98, 104, 107; Building 4:Units 110, 112, 114, 117, 119, 121, 123, -1- 125, 127, 128, 130, 132, 134, 139, 141, 145, 149, 151, 154, 158, 163, 165, 173, 175, 178 and in Maplewood Reserve the following Units: Building 6: Unit 7 and 10;. Building 9: Unit 4; Building 11: Unit 4; Building 13: Units 2 and 4; Building 14: Unit 2;Building 15: Unit 2; Building 16: Units 2 and 5; Building 17: Unit 2; Building 18: Units 2 and 4;Building 20: Unit 2; Building 22: Unit 2; Building 23: Units 2 and 4; Building 25: Unit 2;Building 26: Unit 3: Building 27: Unit 3 all at Maplewood Reserve/Oakwood Village Condominium, a condominium to be established by Master Deed to be recorded with the Registry. The Affordable Units are the Units referred to as the First Home Units in the Master Deed. NOW THEREFORE, in consideration of the agreements and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Developer and the Bank agree and covenant as follows: 1. Unit Designation. The distribution of the Affordable Units by unit size shall be as set forth below: 1 BEDROOM 2 BEDROOM 3 BEDROOM Number of Units 18 37 20 Oakridge Village Oakridge Village Maplewood Reserve Bldg./Unit Nos. Bldg./Unit Nos. Bldg./Unit Nos. Building 1: Units Building 1: Units Building 6: Units 7 and 5, 9, 17, 21, 33. 3, 11,15,23, 27, 35. 10. Building 2: Units Building 2: Units Building 9: Unit 4. 41, 45, 53, 65. 39,47, 51, 59, 63, 71. Building 11: Unit 4. Building 3: Units Building 3: Units 81, 86, 98. 76, 83, 92, 95, 104, 107. Building 13: Units 2 and 4. Building 4: Units Building 4: Units 110, 121, 127, 134, 112, 114, 117, 119, 123, Building 14: Unit 2. 145, 158. 125, 128, 130, 132, 139, 141, 149, 151, 154, 163, Building 15: Unit 2. 165, 173, 175, 178. Building 16: Units 2 and 5. Building 17: Unit 2. Building 18: Units 2 and 4. -2- Building 20: Unit 2 Building 22: Unit 2. Building 23: Units 2 and 4. Building 25: Unit 2 Building 26: Unit 3. Building 27: Unit 3 Initial Affordable Price $146,000.00 $160,000.00 $174;000.00 (the initial Certified Sale Price) The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the Base Income for a family of four(4) would pay no more than 33% of gross income for the sum of annual debt service on a mortgage of 95%of the Certified Sales Price (including principal and interest at current interest rates)plus property taxes,property insurance (unless covered by the condominium fees),private mortgage insurance and any required condominium association fees. The Certified Sales Price shall be determined by the Monitoring Agent. 2. Affordability. Except as specifically provided in the Deed Rider attached as Exhibit B, the Affordable Units shall be sold to households which have an annual income equal to or less than the Base Income as adjusted from time to time according to DHCD guidelines. The first sale of an Affordable Unit by the Developer shall be at a price not in excess of the Initial Affordable Price set forth in Section 1 of this Agreement for that Affordable Unit. Subsequent sales ("Resales") of Affordable Units shall be for sale prices that are affordable to families of four whose gross annual income is equal to 80% of the median income for the Haverhill MA-NH Primary Metropolitan Statistical Area as determined by DHCD at the time of such subsequent sale (the "Maximum Resale Price"). The Maximum Resale Price shall be determined by the Monitoring Agent within fourteen (14) days of the Monitoring Agent receiving notice from the seller of its intention to sell the Affordable Unit, and shall be calculated in the same manner as the Certified Sales Price, above. In the event that a subsequent seller of an Affordable Unit disputes the Monitoring Agent's determination of the Maximum Resale Price, the Seller may appeal said determination to the Municipality or its designated board or official, which may, in its sole discretion, either (a) affirm the Monitoring Agent's determination; (b) annul the Monitoring Agent's determination and set a different Maximum Resale Price; or (c) annul the Monitoring Agent's determination and direct the Monitoring Agent to re-calculate the Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit and -3- this Agreement. The seller's appeal of the Monitoring Agent's determination to the Municipality shall be its sole remedy, and the Municipality's decision shall be final. 3. Deed Riders. Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider substantially in the form of Exhibit B attached to and made a part of this Agreement(each a"Deed Rider"). Each Deed Rider shall require the unit owner at the time he/she desires to sell the Affordable Unit to notify the Monitoring Agent so that the Monitoring Agent can make a determination of the Maximum Resale Price. The owner of the Affordable Unit must thereafter offer the unit to the Municipality at the Maximum Re-sale Price which may or may not exercise its right-of-first refusal and if not, the seller must find a purchaser who meets the income guidelines. The Deed Rider requires the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed Rider which shall be attached to and made a part of the deed from the owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent resale of the Affordable Unit occurs during the period of affordability specified in this Agreement. 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the members, or other owners of Developer or of the Project shall not exceed twenty percent(20%) of total development costs of the Project, exclusive of development fees (the"Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement of gross sales revenues from the Project received by the Developer to date certified by the Developer("Certified Cost and Income Statement"). If all units in the Project which are offered for sale have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring Agent, the Developer shall at least once every ninety(90) days thereafter, until such time as all of the units which are offered for sale are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement. After all units in the Project which are offered for sale have been sold, the Developer shall deliver to the Monitoring Agent a final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality. The Municipality shall deposit such funds into an affordable housing fund to be used by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. The Allowable Profit shall be measured as the excess of certified income, less any brokerage fees and commissions and selling expenses over certified costs and less all development costs related to the Project including costs incurred by the developer as administrative and overhead expenses which do not exceed four percent(4%) of total development costs, excluding such administrative and overhead costs. Acceptable development costs include,but are not limited to, the cost of site acquisition,which for the purposes of the Certified Cost and Income Statement used for the calculation of the Dividend Limitation, shall be defined as the market value of the Land determined by Avery Associates,the appraiser for Banknorth,N.A, which shall not be less than $8,250,000. -4 5. Affirmative Marketing. The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap,marital status,national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area-wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to maintain for at least five(5)years following the sale of the Affordable Units, a record of all newspaper ads, outreach letters translations, leaflets and any other outreach efforts which may be inspected by the Monitoring Agent or the Municipality. 6. Recording. Upon execution of this Agreement, the Developer shall immediately cause this Agreement to be recorded or filed with the Registry. Upon recording and/or filing as applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent evidence of such recording and/or filing. 7. Representations. The Developer represents, covenants and warrants as follows: (a) The Developer(i)is a limited liability company duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this state, (ii)has the power and authority to own properties and assets and to carry on its business as now being conducted, and(iii)has full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i)will not violate or, as applicable, has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and(ii)will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which the Developer is a party or by which it or the Project is bound, and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery of this Agreement,have good and marketable title to the Project free and clear of any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to the Project, or other permitted encumbrances. 8. Governing Law/Amendments/Severability. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties to this Agreement. The invalidity of any clause,part, or provision of this Agreement shall not affect the validity of the remaining portions of this Agreement. 9. Monitoring Agent. The Developer shall retain the Monitoring Agent for purposes of monitoring Developer's performance under this Agreement pursuant to an agreement acceptable to -5- the Monitoring Agent and the Bank. All notices and reports required to be submitted under this Agreement shall be submitted directly to the MonitoringAgent. The Monitoring Agent shall have authority to act in all matters relating to this Agreement. 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties to this Agreement at the addresses set forth below, or to such other place as a party may from time to time designate by written notice with a copy to the Monitoring Agent: Developer: Valley Realty Development, LLC P.O. Box 907 North Andover, MA 01845 Bank: Monitoring Agent: Citizens Housing and Planning Association, Inc. 18 Tremont Street Boston, Massachusetts 02108 Municipality: North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Attention: Chairman 11. Term. The term of this Agreement shall be ninety-nine years, unless this restriction is approved as an affordable housing restriction in accordance M.G.L. c. 184, §§ 31-33, in which case the restriction shall be in perpetuity, terminating with respect to each of the Affordable Units on the date on which the Deed Rider attached as Exhibit B is no longer applicable to such Affordable Unit.. Upon the expiration of the term of each Deed Rider, each of the then owners of Affordable Units shall be bound to pay to the Municipality(a) all proceeds of sale at the time of sale in excess of the Maximum Resale Price of such unit at the time of sale as if such unit were still subject to the provisions of this Agreement,which sale shall be at arms length and for the fair market value of such unit, or(b) a payment by refinancing or from other sources to the Municipality in the same amount as the Municipality would receive if such unit were still subject to the provisions of this -6- Agreement in the event of a sale at fair market value on the date of payment the expiration of the term of this Agreement. The provisions of this section of this Agreement shall survive the expiration of the term of this Agreement. 12. Successors and Assigns. The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants, agreements and restrictions contained in this Agreement shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and(iii) shall bind the Developer, its successors and assigns for the term of the Agreement. Developer agrees that any and all requirements of the laws of The Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 13. Default. If any default,violation or breach by the Developer under this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Bank and the FHLBB that the Developer is in violation of the terms and conditions of this Agreement. The Bank and/or the FHLBB may exercise any remedy available to it, including calling its advance under the NEF or increasing the interest rate on such advance. The Municipality or the Monitoring Agent may also exercise any legal remedy available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent in enforcing this Agreement, and, in the event of any action by the Monitoring Agent against the Developer,the Monitoring Agent shall be entitled to seek an attachment against the Developer's property including,without limitation, its interest in the Project. The Monitoring Agent may perfect a lien on the Project by recording/filing one or more certificates setting forth the amount of the costs and expenses due and owing in the Registry. A purchaser of the Project or any portion of it shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or portion thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has obtained the consent or subordination of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions of this Agreement and that all such mortgagees have executed a consent or subordination to this Agreement which shall be recorded/filed herewith. 15. Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 16. Indemnification. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. -7 17. Amendments This Agreement shall not be amended without written consent of the Monitoring Agent. IN WITNESS WHEREOF,the parties to this Agreement have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: Valley Realty Development, LLC BANK: By: By: , Its Manager , Its By: ,Its Manager By: , Its Manager COMMONWEALTH OF MASSACHUSETTS County of Essex , 2004 Then personally appeared the above-named<>, <>and<>,Managers of Valley Realty Development, LLC, and acknowledged the foregoing instrument to be their free act and deed,before me. Notary Public My commission expires: -8- EXHIBIT B DEED RIDER For FHLBB New England Fund Ownership Project (annexed to and made part of that certain deed(the "Deed") from Valley Realty Development, LLC ("Grantor") to ("Grantee") dated , 200_ WITNESSETH: WHEREAS, a comprehensive permit for land in the City/Town of North Andover, Massachusetts (the"Municipality")has been granted under Chapter 40B of M.G.L. for the purpose of constructing 270 residential units(the"Project") comprised of units to be sold by the Grantor at market rates, 75 units to be sold to households with low and moderate incomes in accordance with the terms and provisions of the Regulatory Agreement by and between Valley Realty Development, LLC (the"Developer") and (the"Bank"), as part of the New England Fund Program (the"Regulatory Agreement")which Regulatory Agreement is dated _, 200_and is recorded/filed with the Essex North District Registry of Deeds(the "Registry") in Book at Page ; WHEREAS, the rights and restrictions granted in this Rider to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS,pursuant to the Regulatory Agreement, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to an income- eligible purchaser located by the Municipality or,to the Municipality, for a"Maximum Resale Price" as specified in this Rider and in the Regulatory Agreement; WHEREAS, the"Maximum Resale Price"is intended to ensure long-term affordability of the Property to a household at 80%of area median income; WHEREAS, the Maximum Resale Price shall be determined by the Monitoring Agent, as described in the Regulatory Agreement, to be a price such that a household earning no greater -1- than 80% of the median income for the Lawrence, MA-NH Primary Metropolitan Statistical Area for a family of four(4)would pay no more than 33%of gross income for the sum of annual debt service on a mortgage of 95% of the Maximum Resale Price (including principal and interest at current interest rates)plus property taxes,property insurance(unless covered by the condominium fees),private mortgage insurance and any required condominium association fees. WHEREAS, the Grantor and the Grantee are participating in the NEF Program, and in accordance with the NEF Program the Grantor is conveying that certain real property more particularly described in the Deed to which this Deed Rider is attached("Provert ') to the Grantee at a consideration which is less than the appraised value of the Property; and NOW THEREFORE, as further consideration from the Grantee to the Grantor and the Municipality for the conveyance of the Property at an affordable price in accordance with the Regulatory Agreement, the Grantee,his/her heirs, successors and assigns, agrees that the Property shall be subject to the following rights and restrictions which are imposed for the benefit of and shall be enforceable by, the Grantor's assignees and designees, or the Monitoring Agent, or the Municipality, acting by and through its chief elected official. 1. Right of First Refusal. (a)When the Grantee or any successor in title to the Grantee shall desire to sell,dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall first notify the Monitoring Agent and subsequently the Municipality in writing of the Grantee's intention to so convey the Property(the"Notice"). The Notice shall request the Monitoring Agent to set the Maximum Resale Price of the Property and shall advise the Municipality of a 30 day right of first refusalinfavor of the Municipality. The Maximum Resale Price shall be determined by the Monitoring Agent within thirty (30) days of such request, and shall be calculated in the same manner as the Monitoring Agent calculated the Initial Affordable Price for the Property as provided in the Regulatory Agreement. If the Grantee disputes the Monitoring Agent's determination of the Maximum Resale Price, the Grantee may appeal said determination to the Municipality or its designated board or official, which may, in its sole discretion, either (a) affirm the Monitoring Agent's determination; (b) annul the Monitoring Agent's determination and set a different Maximum Resale Price; or (c) annul the Monitoring Agent's determination and direct the Monitoring Agent to re-calculate the Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit and this Agreement. The Grantee's appeal of the Monitoring Agent's determination of the Maximum Resale Price to the Municipality shall be the Grantee's sole remedy, and the Municipality's decision shall be final. Within thirty(30) days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property(the,"Municipalit)'s Notice'). For the purpose of this Deed Rider, an"Eligible Purchaser" shall mean a purchaser whose household income is less than the Base Income as defined in the Regulatory Agreement,and who,if located by the Municipality, is ready and willing to purchase the Property within ninety(90) days after the Grantee gives the Notice. - -2- (b) In the event that (i)the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property,or the Municipality fails to give the Municipality's Notice within thirty(30) days, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty(120)day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term"diligent efforts shall mean (A) the placement of an advertisement in the real estate section of at least one newspaper of general circulation for a period of three consecutive weeks which sets forth a customary description of the unit for sale, a single price which is not in excess of the Maximum Resale Price, Grantee's telephone number, and the phrase: "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income."and(B)the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to locate an eligible purchaser within one hundred twenty(120) days from the date the Property is put on the market, the Grantee may convey the Property to any third party at no less than the fair market value, free of all restrictions set forth in this Deed Rider,provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality after review by the Monitoring Agent. Upon receipt of this excess amount, if any, the Municipality, shall issue to the third party and to the Monitoring Agent a certificate in recordable form(the"Compliance Certificate") indicating the Municipality's receipt of the excess amount, if applicable, or indicating that no excess amount is payable, and stating that the Municipality has elected not to exercise its right of first refusal, and indicating the Monitoring Agent's approval of the saleof the Property to the third party consistent with the terms of this Deed Rider. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any,has been paid to the Municipality, or that no excess amount is payable, and that the rights, restrictions, agreements and covenants set forth in this Deed Rider are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirements of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of an acceptance by the Monitoring Agent of the Municipality's Compliance Certificate. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. (c) In the event the Municipality,within said thirty(30)day period,notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property, the Municipality may locate an eligible purchaser,who shall purchase the Property at a price not in excess of the Maximum Resale Price subject to a Deed Rider,within sixty(60) days of the date that the Municipality's Notice is given, or the Municipality may purchase the Property itself at a price not in excess of the Maximum Resale Price within sixty(60) days of the date that the -3- Municipality's Notice is given. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed(ii)any lien for municipal betterments assessed after the date of the Notice, (iii)provisions of local building and zoning laws, (iv) all easements,restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v)the Regulatory Agreement which cannot be amended without the consent of the Monitoring Agent, (vi) such additional easements, restrictions, covenants and agreements of record as the Municipality and the Monitoring Agent consent to, such consent not to be unreasonably withheld or delayed, and(vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee agrees to annex to said deed. (e) Said deed shall be delivered and the purchase price paid(the"Closing') at the Registry, or at the option of the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property)may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5) days after the date on which such notice is given, and if the eligible purchaser is a purchaser located by the Municipality, or if the Municipality is purchasing the Property no later than sixty(60) days after the Municipality's Notice is given to the Grantee. (f) To enable Grantee to make conveyance as provided in this Deed Rider, Grantee may if he/she so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. (g) Water and sewer charges, condominium fees and taxes for the then current tax period shall be apportioned and fuel value and any common area charges or association fees, if any, shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be,the purchase price payable by the eligible purchaser or by the Municipality. (h) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date of the Grantee's Notice,reasonable wear and tear only excepted. -4- (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur,then the Closing shall be extended for up to thirty(30)days and Grantee shall remove any defect in title or restore the Property to the condition required by this Deed Rider. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property) shall have the election, at either the original or any extended time for performance,to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been taken by a public authority,then the Grantee shall, unless the Grantee has previously restored the Property to its former condition,either: (1) pay over or assign to the eligible purchaser or the Municipality, as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration, or (2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to the Municipality, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (j) If the Municipality fails to locate an Eligible Purchaser who purchases the Property within ninety (90) days after the Notice is received by the Municipality, and the Municipality does not purchase the Property during said period, then following expiration of ninety (90) days after the Municipality receives the Notice from the Grantee, the Grantee may convey the Property to any third party at no less than fair market value, free and clear of all rights and restrictions contained herein, including, but not limited to the Maximum Resale Price, provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price (the "Windfall Amount") shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality and the Monitoring Agent shall issue to the third party and to the Monitoring Agent a Compliance Certificate in recordable form indicating the Municipality's receipt of the excess amount, if any, and indicating that the Municipality has elected not to exercise its right to locate an Eligible Purchaser and its right of first refusal hereunder and that all rights, restrictions, agreements and covenants contained herein are henceforth null and void, and indicating the Monitoring Agent's approval of the sale of the Property to the third party consistent with the terms of this Deed Rider. This Compliance Certificate is to be recorded in the Registry and such Compliance Certificate may be relied -5- upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality and that the rights, restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirements of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of its acceptance of the Municipality's Compliance Certificate. 2. Re-sale and Transfer Restrictions. (a) Except as otherwise stated in this Agreement,the Property or any interest therein, shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no attempted sale shall be valid, unless: (i) the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser(as located and defined in accordance with Section 1 above) or the Municipality, as the case may be,to the then owner of the Property for and in connection with the transfer of such Property,prior to customary closing adjustments for fuel,taxes,or similar items, is not in excess of the Maximum Resale Price for the Property, and(A)if the Property is conveyed to an Eligible Purchaser, and a certificate(the"Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property, the Grantee, the Eligible Purchaser thereof and the Maximum Resale Price therefore, and states that the proposed conveyance, sale or transfer of the Property to the Eligible Purchaser is in compliance with this Deed Rider and the Regulatory Agreement, and there is also recorded a new Deed Rider executed by the eligible purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Monitoring Agent; or(B) if the Property is conveyed to the Municipality and a Certificate(the"Municipal Purchaser Certificate") is obtained from the Monitoring Agent and signed and acknowledged by the Municipality and the Monitoring Agent and recorded with the Registry of Deeds,which Municipal Purchaser Certificate refers to the Property, the Grantee, the Municipality, the Maximum Resale Price and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and there is also recorded a new Deed Rider which Deed Rider is satisfactory in form and substance to the Monitoring Agent; or(C) if the Property is conveyed to a third party in accordance with Section 1(b)or 0), the Monitoring Agent executes and delivers an acceptance of the Compliance Certificate in accordance with Section 1(b) or 0); (ii) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate accepted by the Monitoring Agent or an Eligible -6 Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property,provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such re-sale shall not be greater than the maximum permitted price stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. If the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be subject to the Regulatory Agreement and the Deed from the Municipality shall contain a Deed Rider in form and substance satisfactory to the Monitoring Agent together with an Eligible Purchaser Certificate from the Monitoring Agent. (c) Within ten(10) days of the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the deed of the Property,together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. (d) Notwithstanding anything to the contrary contained in this Deed Rider, the Maximum Resale Price shall not be less than the purchase price paid by the Grantee which at the time of purchase complied with the requirements of the preceding deed rider and of the Regulatory Agreement and which is recited in an Eligible Purchaser Certificate or a Municipal Purchaser Certificate recorded with the Registry plus the costs of approved capital improvements and marketing expenses, as determined by the Monitoring Agent. (e) The Grantee understands and agrees that nothing in this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by the Municipality,the Monitoring Agent or any other person or entity that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3. Restrictions Against Leasing and Junior Encumbrances. The Property shall not be leased, refinanced, encumbered(voluntarily or otherwise)or mortgaged without the prior written consent of the Monitoring Agent,provided,however, that this provision shall not apply to a first mortgage granted in connection with this conveyance for a principal amount less than the price approved by the Monitoring Agent in the Eligible Purchaser Certificate, the Municipal Purchase Certificate. Any rents,profits, or proceeds from any transaction which has not received the prior written consent of the Monitoring Agent shall be paid to and be the property of the Municipality. In the event that the Monitoring Agent, in the exercise of its absolute discretion, consents to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents,profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by the Monitoring Agent in its sole discretion shall be paid to and be the property of the Municipality. Notwithstanding the restrictions outlined in this paragraph, any Property purchased by the Municipality, under its Right of First Refusal,may be rented by the Municipality, at its discretion, so long as the income limits for the lessee household do not -7- exceed the Base Income as defined in the Regulatory Agreement. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. 4. Rights of Mortgagees. (a)Notwithstanding anything in this Agreement to the contrary, but subject to paragraph 4(b) of this Agreement, if the holder of record(other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor or any related person has a financial interest(an "Interested Party")) of an eligible mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank,mortgage company,trust company, insurance company or other institutional lender or its successors or assigns(other than an Interested Party) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that such holder has given the Monitoring Agent and the Municipality not less than(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure,the rights and restrictionscontainedin this Agreement shall not apply to such holder upon such acquisition of the Property, any purchaser(other than an Interested Party) of the Property at a foreclosure sale conducted by such holder, or any purchaser(other than an Interested Party) of the Property from such holder, and subject to the disposition of proceeds established in Paragraph 4(b) of this Agreement such Property shall thereupon and thereafter be free from all such rights and restrictions. For purposes of this Deed Rider an eligible mortgage shall be a first mortgage encumbering only the Property and in an original principal amount not to exceed ninety-five(95%)percent of the sale price stated in the Eligible Purchaser Certificate, the Municipal Purchase Certificate recorded with the mortgagor's deed. Any foreclosing mortgagee holding a mortgage which is not an eligible mortgage, shall not be entitled to the protections of this section and shall be deemed to be an owner subject to all the restrictions and obligations of an owner under this Deed Rider. (b) In the event such holder of an eligible mortgage conducts a foreclosure or other proceeding enforcing its rights under such mortgage or if the Property is conveyed to such holder in lieu of foreclosure and the Property is sold for a price in excess of the greater of(i)the sum of the outstanding principal balance of the note secured by such mortgage plus all accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage and(ii) the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in consideration of the loss of the value and benefit of the rights and restrictions contained in this Deed Rider and held by the Municipality and released by the Municipality pursuant to this section in connection with such proceeding (provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith,provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such claim and shall not object to the intervention by the Municipality in any proceeding relating thereto). In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding,the Municipality may, at its own -8- expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be equal to the appraised fair market value so obtained, multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such appraised value, the holder may obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Grantee assigns all its interest in such amount to said holder for payment to the Municipality. Funds received by a Municipality under this paragraph shall be deposited in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. 5. Covenants to Run With the Property. (a) The Grantor and the Grantee, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, grant and assign to the Municipality,the Municipality's agents, successors, designees and assigns the right of first refusal to purchase the Property as set forth in this Deed Rider, and to the Monitoring Agent and the Municipality the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee grant to the Monitoring Agent and the Municipality the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements contained in this Deed Rider, and of taking all actions with respect to the Property which the Monitoring Agent and/or Municipality may determine to be necessary or appropriate,with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements set forth in this Deed Rider. The rights granted to the Monitoring Agent and the Municipality shall be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Monitoring Agent or to the Municipality for enforcement of the restrictions,rights, covenants and agreements set forth in this Deed Rider. It is intended and agreed that all of the agreements, covenants, rights and restrictions set forth in this Deed Rider shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property for the benefit of and enforceable by the Monitoring Agent and/or the Municipality, the Monitoring Agent's and/or Municipality's agents, successors, designees and assigns for a period which is the shortest of(i)upon the recording of a Compliance Certificate, as provided under Section 1(b)or 10)herein, or(ii)upon the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate,,which new Deed Rider is certified in the Eligible Purchaser Certificate to be in form and substance satisfactory; or(iii)upon the recording of a Municipal Purchaser Certificate as set forth in this Deed Rider. (b) The Monitoring Agent shall be entitled to a fee of one-half of one percent of the Maximum Resale Price of the Property to the Municipality or an eligible purchaser or an ineligible purchaser in accordance with the provisions of this Deed Rider and the Regulatory Agreement for the services performed according to the Monitoring Services Agreement(and referenced in the Regulatory Agreement). This fee shall be paid by the Grantee as a closing cost at the time of closing, and payment of the fee of the Monitoring Agent shall be a condition to delivery and recording of its compliance certificate,failing which the Monitoring Agent shall -9- have a claim against the Grantee and persons claiming under the grantee for which the Monitoring Agent may seek an attachment against the Property. (c) This Deed Rider and all of the agreements,restrictions, rights and covenants contained in this Deed Rider shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (d) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i)that this Deed Rider and the covenants, agreements, rights and restrictions contained in this Deed Rider shall be and are covenants running with the land, encumbering the Property for the term of this Deed Rider, and are binding upon the Grantee's successors in title, (ii) are not merely personal covenants of the Grantee, and(iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and their successors and assigns for the term of the Deed Rider. Grantee agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (e) Without limitation on any other rights or remedies of the Grantor, the Monitoring Agent, the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall, to the maximum extent permitted by law,be voidable by the Municipality or the Monitoring Agent, or their agents, successors, designees and assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. (fj Notwithstanding any other provision in this Deed Rider, this restriction shall terminate at end of the ninety-ninth year from the date this restriction was first placed on the Property by either this Deed Rider or a preceding deed rider in substantially similar form and substance unless this restriction is approved as an affordable housing restriction in accordance M.G.L. c. 184, §§ 31-33, in which case the restriction shall be in perpetuity(the"Termination Date"), the then owner of the Property then subject to this Deed Rider may sell the Property at a price equal to the fair market value of the Property as of the date of sale and not subject to this Deed Rider,provided,however that the owner, at the time of such sale must pay to the Municipality the difference between the fair market value as so determined and the Maximum Resale Price which the owner could realize in a sale to an Eligible Purchaser were this Deed Rider to have remained in effect, and upon such payment the Property will be deeded free and clear of this Deed Rider. In the event of any failure of any owner to make a payment under this Deed Rider the Municipality shall have the right to seek payment from the purchaser of the Property, and his/her successors and assigns,which right shall be prior to the encumbrance of any mortgage upon the Property. The owner of the Property after the Termination Date shall have the right to make a payment by refinancing or from other sources in the same amount to the Municipality as the Municipality would receive were this Deed Rider to have remained in effect in the event of a sale at fair market value on the date of payment after the Termination Date, and in the event of -10- such a payment the owner shall hold the Property free and clear of this Deed Rider. The provisions of this paragraph shall survive the expiration of the term of this Deed Rider. 6. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail,postage prepaid, return receipt requested, to the parties to this Deed Rider at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Municipality: North Andover Zoning Board of Appeals 27 Charles Street North Andover,MA 01845 Attention: Chairman Grantor: Valley Realty Development,LLC P.O. Box 907 North Andover, MA 01845 Grantee: North Andover,MA 01845 Monitoring Ate: Citizens Housing and Planning Association 18 Tremont Street Boston,MA 02108 Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 7. Further Assurances. The Grantee agrees from time to time, as may be reasonably required by the Monitoring Agent or the Municipality, to furnish the Monitoring Agent and the Municipality with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the Regulatory Agreement for this Project. 8. Waiver. Nothing contained in this Deed Rider shall limit the rights of the Monitoring Agent and/or the Municipality to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained in this Deed Rider with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Monitoring Agent and/or the Municipality or designee. -11- 9. Severability. If any provisions of this Deed Rider or the application thereof to any person or circumstance shall come,to any extent, to be invalid or unenforceable,the remainder of this Deed Rider or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Deed Rider shall be valid and enforced to the fullest extent permitted by law. 10. Responsibility of the Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Deed Rider so long as it shall have acted in good faith and without gross negligence. 11. Indemnity. The Grantor and the Grantee agree to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Deed Rider and not involving claims that the Monitoring Agent acted in bad faith and with gross negligence. Executed as a sealed instrument this of . 200—. Grantor: Grantee: Valley Realty Development, LLC By: Its Manager COMMONWEALTH OF MASSACHUSETTS County of Essex 200_ Then personally appeared the above-named Manager, Valley Realty Development, LLC , and acknowledged the foregoing instrument to be his/her free act and deed,before me. Notary Public My commission expires: -12- COMMONWEALTH OF MASSACHUSETTS County of Essex , 200_ Then personally appeared the above-named [Grantee], and acknowledged the foregoing instrument to be his/her free act and deed, before me. Notary Public My commission expires: -13- 01/213/210U3 13:04 9784102b90 NORTH ATLANTIC PAGE 02 Towit of North Andover AfFirp of the Plalinitle Department Ai"01*1 qPrWicos DivisioO (rl A45 (978)6W9315 )78)48-%42 Town of North Andover Pimmitm Board ,)7 rilafies Street ATwinver. MA 01945 jjOt can %acnustus jgjW pursuant to MW -IT AAA 0 fAro,,.Piminima Bowl to make a dccWon r6gardW9 ft_gjrsm�lg V=IGIUL Adavyo IV_. ___ - ­.- — Tlovetimment-TLC. -rhis cmenMwn is grmwj go: I'q&P L""j ............ nnerri RonrehrmaVt r, i own u ILI 1'%UAAV V".. A /7 Town of North Andover Noasy y` ` Office of the Zoning.Board of Appeals } Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Notice of Decision Year 2043 Any appeal shall be filed within(20)' Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development,LLC DATE: January 14,2003 ADDRESS: 231 Sutton St.Suite 2E-F PETITION: 2002-31 North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02, 12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public hearing was closed on December 10,2002 by placing the petition"under advisement"for 40 days.The"under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, 1' floor.Town Hall, 120 Main Street, North Andover,Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development,LLC,231 Sutton Street,Suite 2E-F,North Andover,Massachusetts.This application was for 270 housing units per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential,and I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts. The following members were present and voting:Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev.Date a GSD Associates,Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBID)VISION_PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-tA EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06102 BOARD OF APPEALS 688-9541 B II DING 688-95451 GO.NT,13EP V.AT ON 689-9530 I-lE.U.TH 6$8-9540 Pl_.'N'IIj 70 688-95:31 z h GZA GeoEnvironmental,Inc.-Mass. C-2B SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates, Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. A1-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates, Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk,120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley. Town of North Andover Board of Appeals Walter F.Soule Acting Chairperson ` ` ` � DeC8iQD �O ���)�r�h��G�� P���� An�|i�8ii A� � � � , .v" . ^+ ^`"° Valley Realty Development, ,,,t r) � 231Sutton Street^ Suite 2E � �A0l |8N | � �� �� �� �jV�hA0dQVe� K�A 01045 ^""' ~'"` ^ " ' = �° Petition No. 2002-31 PROCEDURAL HISTORY Valley Realty Development,LLC,(`TheApplicant"),is seeking aComprehensive Permit pursuant boyW.G.LChapter 40B.Sections 20through D3.hoconstruct 27Ounits mfcondominium housing ofwhich 25%orG8shall beset aside aa"affondab|e.''inthe Residential 2 and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover, K8AO1845. ("thePrnpert/1' The Comprehensive Permit application was submitted to the North Andover Town Clerk's off ice on June 11,2002 et1:30pm. The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9,2002 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of Appeals nnornborn present were Chairman VViU|ern Sullivan; Walter F. Souka, Vice Chairman; George M. Earley; Ellen P.McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused. A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by Thomas D. Laudani, Manager for Valley Realty Development,LLC,for the Comprehensive Permit Application to be continued and heard at a regular hearing to be held on September 10, 2002 at 7:30 p.m.;an additional waiver for a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October 29.20U8and November 12,2OO2' At the July 0. 2O02 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development, LLC. 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levu Emo., Eckert Seamans Chehn & Mellott, LLC,Attorneys at Law,One International Place, 18'Floor,Boston, MA 02110;Gregory P.Smith,AIA,GSD Aaaun\atoa. Inc., 148 Main Street Building"A", North Andover, K8/\O1845; Dermot J. Kelly, PE, PTOE, Dermot J. Kelly Aoenoietos. Inc., 280 Main Stnaet, Suite 204' North Raading, MA 01864; Steven Toette|, GZ/- GeoEnvirnnmenta|. Inc.-Mass., One Edgewater Drive, Norwood, MA 82062; Christian Huntress, Huntress Associates, Inc., 17 Tewksbury Street,Andover,MA01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino, Valley Realty Development, LLC. yWmrhVVest.West Environmental,|nc..122K8ao1Road,Sui0e0'Lee,NHO3824represented theApp|inartfmrmnatteno pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings. The public hearing was closed onDecember 1O. 2OO2. The North Andover Zoning Board of Appeals made the following Findings of Factand Decision subsequent b»the hearing. � These findings are based on the following submissions which include,but are not limited to,the following materials, � which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a � portion nfthis Application for aComprehensive Permit. 1. Exhibit/\: TndficImpact and Access Study, Proposed Development Project,TheyWeadowo' y6odh Andover, K&4, Prepared bvOUKAssociates, Inc. for Valley Realty Development, LLC,April, 2002; 2. Exhibit B: A Gap Study and Analysis, The K8eudovvo, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2OO2; ' Page 1of 19 3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover Zoning Board of Appeals, August 13, 2002,with subsequent revisions; 4. Exhibit D: Certificate of Legal Existence of Applicant; 5. Exhibit E: Certified List of Abutters; 6. Exhibit F: Sample Regulatory Agreement and Deed Rider; 7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographies,Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards,the Applicant submitted revised plans dated December 3, 2002,which are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the North Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision.There are no outstanding issues raised by any Town Boards.All issues have been addressed by the Applicant. Prior to the close of the public hearing on December 17, 2002, the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT SENDER CONTENT/NOTES 8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test Realty Development,LLC 9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General 10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice Fink's Memo 11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review 12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary 13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review 14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review 15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and Names 16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments 17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments 18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review 19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments Development 20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from Dept.Heads 21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture 22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Memo Page 2 of 19 23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments 24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett 25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review 26 11/07/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Ira Singer's Review 27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments 28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Comments 29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments 30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kelly's Comments 31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request 32 11/12/02 ZBA Paul Szymanski, Proposed School Bus Stop 33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1 34 08/12/02 ZBA-Abutters List for North Assessors Office Map 108C Parcel 33,38,39 Andover 35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental Notification Form 36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study 37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review Commissioner 38 10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations 39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test Development,LLC In addition to the foregoing materials, the North.Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.This review was paid for from funds received from the Applicant for this purpose. The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and kennel buildings. The site is not presently served by municipal water,sewer, or natural gas, all of which shall be extended to the site at the Applicant's expense.All of the existing structures are to be demolished.The Project as proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings, each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage. Building 4 shall have 84 units and a 121 car garage; Lower Meadows-78 three bedroom townhouse style units in 27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces.Total parking at the Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces. The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00,the Wetlands Protection Act Regulations,with the Conservation Commission on August 28,2002, DEP File Number 242-1169, for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to take place in the public right of way along Route 114 for the installation of utilities. Page 3 of 19 The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349.It is also identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33,38,and 39.The site is located in Zoning Districts Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993 indicates that the parcel is largely located in Zone C with a small portion in Zone A. Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals Committee in Stuborn Ltd. Partnership v.Barnstable Bd. of Appeals,No. 98-01 (Decision March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed , by the Applicant. During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee,an abutter,and Jay Willis,Esq., Alfred J. Morrison, also an abutter. In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the proposed Project on the Town of North Andover,specifically with respect to the impact on public school system. As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and comments from the North Andover Zoning Board of Appeals and the North Andover Finance Committee representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive fiscal impact to the Town,with a final break even point in excess of 98 children. OnAugust 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary of the Executive Office of Environmental Affairs,Robert Durand,to initiate the Massachusetts Environmental Policy Act(MEPA)review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31, 2002, which required that an Environmental Impact Report (EIR) be provided. In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The Applicant has stated that in order to create a deceleration lane, it will need permission and an easement from the Owner of the adjacent propertyto relocate a driveway and permission from the Massachusetts Highway Department to alter Route 114. A letter dated October 29, 2002 was received from Ira Singer,Town Administrator,Town of Middleton,expressing his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of Appeals on November 7, 2002, a copy of which was also sent to Mr. Singer. In this response was included a copy of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive Office of Environmental Affairs,Robert Durand, in which it is stated that"the Expanded ENF included a traffic study performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we recommend that no further environmental review be required based on traffic issues." In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use of the name "Meadows"would conflict with other residential developments in Town already using that name.The Applicant submitted the name"Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower Page 4 of 19 Meadows to both the Fire Department and the Police Department, which approved the selection.The Project has been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used in conjunction with the new names. In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to work with the Fire Department on meeting their requests. In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup,the Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two locations for trash dumpters in the Upper Meadows/Oakridge Village,and private curbside trash pickup in the Lower Meadows/Maplewood Reserve. The Applicant has chosen the Citizens' Housing and Planning Association(CHAPA), as the agency to monitor the resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with them to this effect. FINDINGS 1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization" as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the funding agency to limit profits,and is eligible to apply for and receive a comprehensive permit. Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization, the Project is fundable by the Federal Home Loan Bank of Boston's (FHLB/B) New England Fund through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant has entered into a Purchase and Sale Agreement forthe acquisition of the property from Meadows Realty Trust,the present owner. 2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap.40B§20 or 760 CMR 31.04. 3. The Proiect.The Project, as shown on the final Site Plan,consists of a 192 condominium units in four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site, including forty-five (45) one bedroom units, one hundred forty-seven (147)two bedroom units and a total of 428 parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirty four(234)parking spaces with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housing to be Provided.Twenty-five percent(25%)of the units or 68(sixty-eight),units shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B §20. Seven(7) additional affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The final number of afford able units shall be 75 or 27.78%of the total._ The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by Massachusetts Department of Housing and Community Development,in perpetuity or such other term contained in such restriction, as specified in the Conditions to this Decision: 5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village.The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with respect to traffic issues. Page 5 of 19 6. Support by Town Board and Agencies. During the course of the public hearings,the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works,the Police Department,the Fire Department, the Conservation Commission, the Planning Board, and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding issues. 7. Waivers Granted. As part of its application for a comprehensive permit,the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws.The North Andover Zoning Board of Appeals findsthat these waivers,included herein as revised,are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4-0 (four to zero)vote of the North Andover Zoning Board of Appeals taken on January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following conditions. Comprehensive Permit Conditions A. General Conditions 1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not be substantially changed,altered or reconfigured inanywaywithout modification to this Comprehensive Permit,after notice and hearing by law. The following plans were prepared for the Applicant: Prepared by Sheet Title Rev.Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03102 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN` 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m 'GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 Page 6 of 19 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. Al-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP:TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 2. All requirements of the New England Fund program as administered by the Federal Home Loan Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds. 3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy (270).The affordable units shall comprise twenty-five per cent(25%)of the total or sixty-eight(68)units which shall be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others, in those units. 4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7) additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units approved. 5. All affordable units are to be sold through a lottery process in accordance with Massachusetts Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community Development Department, and approved by the North Andover Zoning Board of Appeals. Page 7 of 19 6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion of construction,issuance of Certificate(s)of Occupancy by the building commissioner and conveyance to individual unit owners. 7. During construction, all local, state and federal laws and regulations shall be followed regarding noise,vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize inconvenience to the residents in the area. 8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 9. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds.All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a document number or a book and page number shall be provided to the Building Commissioner. 10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage for general liability in an amount not less than$1,000,000,automobile liability,umbrella coverage,and Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of construction, including site preparation. 11. Prior to obtaining a building permit,the Applicant shall submit to the North Andover Zoning Board of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site plan signed by a Registered Architect and a Registered Engineer, as appropriate. 12. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions, or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 13. The comprehensive permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by virtue of the granting of the comprehensive permit. 14. The comprehensive permit shall run with the land. 15. The comprehensive permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three (3)years after the later of the date of(a) recording of this Permit by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not subject to an appeal or contest. 16. Any substantial deviation from the Project Plan shall require the approval of the North Andover Zoning Board of Appeals, as determined by the Building Commissioner. 17. The Applicant shall not be permitted to receive a building permit (other than for the community building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive goals, based upon review of the form by the monitoring agent to be selected. 18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws, rules, and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 19. The Project shall comply with all applicable state and federal regulations including but not limited to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing, Electrical and Fire Codes. Page 8 of 19 20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation, tree and brush clearing, grading and general site mitigation measure. 21. To the extent permitted by the law,residents of the Town of North Andover are to be granted a local preference for the affordable units.In no case shall local preference be granted for more than seventy percent(70%) of the affordable units. 22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and Regulations, 521 CMR. B. SPECIFIC CONDITIONS 1. The Applicant shall be responsible forthe snow removal,trash removal,rubbish removal,recyclable materials removal, road maintenance, and storm drainage maintenance on the property until such time as the organization of unit owners for the condominium assumes those obligations, which shall be stated in the condominium rules and regulations. 2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules and regulations of the condominium shall contain a provision which is not less restrictive than the following: Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shallapply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six(6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium;and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited, except as governed by the provisions of the Regulatory Agreement and Deed Rider. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The Applicant shall work with the Town of North Andover towards this goal 4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association (CHAPA). 5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development. In addition,the seven(7)additional affordable one bedroom units of the applicant's choosing which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose income is no more than 80% of the area medianus determined by the U.S. Department of Housing and Urban Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. Page 9 of 19 Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184§§31-33. Prior to submitting the proposed Deed Rider tothe North Andover Zoning Board of Appeals,the Applicant shall use its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event that the Department of Housing and Community Development (formerly the Executive Office of Communities and Development, EOCD) ("DHCD")is required by law to approve but declines to approve the perpetual restriction,the proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by and approved by the DHCD, but in no case less than ninety-nine years as offered by the Applicant. In this event,the Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to secure approval of the perpetual restriction,the written denial thereof, and the grounds for denial, IF PROVIDED; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every affordable unit in the Project effective upon the expiration of the affordability period 6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge Village plus a community building. In addition, seven (7)additional one bedroom units of the Applicant's choosing shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper Meadows/Oakridge Village There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per unit. The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%. 7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross over streets on the site. 8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled curbside trash pickup, 9. The Applicant shall provide snow storage locations on the site as shown on the final revised preliminary plan. 10. There shall be two driveways to the site as shown on the final revised preliminary site plan. 11. There shall be master fire alarm box(es)as required by state code. 12. All buildings shall be equipped with a sprinkler system as per State regulations and building code. 13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for entrance onto Route 114/Turnpike Street before a building permit is issued. 14. A fire protection system shall be designed by a licensed fire protection engineer and approved by the North Andover Fire Department. 15. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility issues, including, but not limited to gas, sewer,water, etc. 16. Cross connection details and proper backflow information regarding water tie-ins and the type and size of water services shall be provided and approved by the North Andover Department of Public Works; such approval shall not be unreasonably withheld and shall be issued in a timely fashion. Page 10 of 19 17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer pumping station,shall be the responsibility of the Applicant and subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town.The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part,to the Town of North Andover at no cost. The sewer pumping station shall remain privately owned. 18. The Applicant shall provide details on the sewer main and sewer services including profiles of the utility to the North Andover Department of Public Works. 19. Drawings and specifications of the sewerconduits,sewer connections,and sewer pumping station design shall be submitted to the North Andover Department of Public Works for review. 20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 21. Screening and landscaping shall be substantially in compliance with the plan provided. 22. A drainage system maintenance manual shall be provided to the North Andover Department of Public Works. 23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works prior to the issuance of any building permit other than a foundation permit or a building permit for the construction of the community building. 24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the Property. 25. Whenever residents of the Project are eligible for school busing,the bus shall pick up and discharge students at the community building at Upper Meadows/Oakridge Village only. 26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State Forest and the site shall be identified with markings and small signs. 27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the road opening within the public right of way, including the water and sewer connections, in the amount to be determined by the North Andover Department of Public Works, in the form of a letter of creditor other security agreed to by the Applicant and the North Andover Zoning Board of Appeals. 28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such signal be installed bythe Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower Meadows/Maplewood Reserve, and shall have a pull box at each end. 29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board of Appeals as part of this decision. 30. Upon completion of the project construction and 80%occupancy of the project units,the Applicant shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals project, as currently proposed.This study shalt be supplied to the North Andover Zoning Board of Appeals for the information. The results of this revised Traffic Impact and Access Study are for informational purposes only. Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study completed. Page 11 of 19 Approved Waivers to the By-Laws and Regulations in Effect in the Town of North Andover For the Approved 270 Unit Residential Housing Project To be known as The Meadows(now known as "OAKRIDGE`VILLAGE"and "MAPLEWOOD RESERVE') at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by GZA GeoEnvironmental,Inc.-Mass.and plans and drawings prepared by GSD Associates, Inca including Prepared by Sheet Title Rev.Date a GSD Associates,Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-113 EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental,Inc.-Mass. C-26 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 I GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E `STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS' GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates, Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates,Inc. A11-1.1 TYR 36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. A1-2.1 TYR 36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS Page 12 of 19 v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the zoning waivers described herein are granted. The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294 units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or 68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven (7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village, for a total of 75 affordable units or 27.78%. The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a number of kennels, fenced dog runs, and residential structures; however, the majority of the site is vacant and unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (1-1)and Residential 2(R-2). Multi-family dwellings are not allowed by right in 1-1 and R-2 districts. In addition to market rate and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law. Waivers Required from the Zoning Bylaw Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the following waivers. 1. Section 1 -Purposes: A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern this Application,where they are in conflict. 2. Section 4- Buildings and Uses Permitted: Page 13 of 19 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shalt be treated as requiring a Special Permit.A waiver from this section is granted since the proposed multi family use is not allowable in the industrial-1 and Residential-2 district.A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership,all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear feet in depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver is granted from this section in its entirety.This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985120)way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district.This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling,but not to exceed one dwelling on any one lot.A waiver from this section is granted to allow multi-family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two(2)feetdeep shall be considered a structure and permitted provided theyare enclosed by a suitable wall or fence at least four (4)feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location.Pools shall have a minimum ten(10)foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious, or offensive to the neighborhood.A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs andlor indoor ice skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club.The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety.This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7- Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02(rev.),including a waiverfrom Footnote 1,page FN1,10'from the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to 40')from the property line and 60'from the requirement that no building be located less than 100'from Route 114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded- to 40')from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all zoning districts. Page 15 of 19 WETLANDS REQUIREMENTS BUILDINGS ISOLATED VEG. RIVERFRONT BUFFER ZONES WETLANDS AREA of Size ss. No Disturb No Build N/A No Disturb No Build in.SF �T Zone FT Zone FT N/A DG.# ESCRIPTION Zone FT Zone FT es.2 District Req'ts 43,560) 25 50 N/A 25 50 19 CAR GARAGE I >25 >50 WA >25 >50 o Waivers Required 5Rno no WA no no 20 UNITS+2 CAR GARAGE laivers Granted EM >25 <50 N/A >25 <50 no yes N/A no yes 21 COMMUNITY BLDG. > o Waivers Required 25 >50 N/A >25 >50 22 3 UNITS+3 CAR GARAGE no no NIA no no Waivers Granted >25 <50 N/A >25 <50 no yes N/A no yes 23 7 UNITS+2 CAR GARAGE aivers Granted >25 <50 N/A >25 <50 24 CAR GARAGE no yes N/A no yes >25 >50 N/A >25 >50 o Waivers Required n no no N/A no no 25 UNITS+3 CAR GARAGE > >25 >50 N/A >25 >50 Waivers Granted y! 26 no no N/A no no UNITS+4 CAR GARAGE > >25 >50 N/A >25 >50 aivers Granted y" no no N/A no no 27 UNITS+2 CAR GARAGE > >25 >50 N/A >25 >50 aivers Granted P ! no no NIA no no 28 CAR GARAGE < >25 >50 N/A >25 >50o Waivers Required � no no N/A no no UB TOTALS 1,604,600 No Waivers Required no TOTALS 2,053,543 i r BUILDING 12/05/02(rev.) WETLANDS REQUIREMENTS ISOLATED VEG. RIVERFRONT BUFFER ZONES BUILDINGS WETLANDS AREA ys. No Disturb No Build N/A No Disturb No Build Lot Size HeifT Zone FT Zone FT N/A Zone FT Zone FT Min.SF Ma; Ind.1 District Requirements 0 25 50 N/A 25 50 BLDG.# DESCRIPTION 80,000 N/A UPPER MEADOWS(OAKRIDGE VILLAGE) 448,943 IA >25 >50 WA >25 >50 1 6 UNITS IIJER no no N/A no no Waivers Granted TEM >25 >50 N/A >25 >50 2 36 UNITS /A no no N/A no no Waivers Granted /A >25 >50 N/A >25 >50 3 36 UNITS+UNDERGRND PRKG. /A no no N/A no n9 Waivers Granted /A >25 >50 N/A >25 >50 4 B4 UNITS+UNDERGRND PRKG. /A no no N/A no no Waivers Granted ;/A >25 >50 N/A >25 >50 5 1OMMUNITY BLDG. /A no no N/A no no o Waivers Required UB TOTALS 448,943 aivers Granted no es.2 DistrictRequirements00 25 50 N/A 25 5o BLDG.# ESCRIPTION 43,560 OWER MEADOWS(MAPLEWOOD 1,604,600 VA <25 <50 N/A <25 <50 6 12 UNITS+2 CAR GARAGE WER yes yes N/A yes yes Waivers Granted STEM >25 <50 N/A <25, <50 7 5 CAR GARAGE WA no yes N/A yes yes Waivers Granted WA >25 >50 N/A >25 >50 8 4 CAR GARAGE WA no no N/A no no Waivers Granted V/A >25 >50 N/A >25 >50 9 6 UNITS+2 CAR GARAGE IWA no no N/A no no Waivers Granted N/A >25 <50 N/A >25 <50 10 3 CAR GARAGE N/A no yes N/A no yes aivers Granted N/A >25 >50 N/A >25 >5( 11 3 UNITS N/A no no N/A no no Waivers Granted N/A >25 <50 N/A >25 <5( 12 6 CAR GARAGE N/A no yes N/A no ye: Waivers Granted N/A >25 <50 N/A >25 <51 13 6 UNITS+4 CAR GARAGE N/A no yes N/A no ye; Waivers Granted N/A >25 <50 N/A >25 <51 14 5 UNITS+4 CAR GARAGE N/A no yes N/A no ye. Waivers Granted N/A >25 <50 N/A >25 <5 15 3 UNITS+4 CAR GARAGE N/A no yes N/A no ye Waivers Granted N/A >25 <50 N/A >25 <E 16 6 UNITS+6 CAR GARAGE N/A no yes N/A no ye Waivers Granted N/A >25 <50 N/A >25 < 17 3 UNITS+2 CAR GARAGE N/A no yes N/A no ye Waivers Granted N/A >25 <50 N/A >25 <! 18 UNITS+4 CAR GARAGE N/A no yes N/A no p aivers Granted Section 8, SupplementarV Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide and 20'wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one (1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated by the requirements under Comprehensive Permit(Chapter 40B)and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 ZONING REQUIREMENTS WETLANDS REQUIREMENTS BU1LDtNGSf ........................... SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. cont Side Rear ir.Area Lot Coverage UwellingUnit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build Min.SF Max.FT Min.FT in.FT Min.FT Min.FT do Max. Max. Density Max/Acre Space one FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT DG.# DESCRIPTION Res.2 District Req'ts 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50 19 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no N/A N/A WA N/A no no SEWER no no N/A no no 20 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A <50 <75 SYSTEM >25 <50 N/A >25 <50 aivers Granted yes no no no no WA N/A N/A N/A yes yes N/A no yes N/A no yes 21 OMMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 No Waivers Required no no no no no N/A N/A N/A N/A no no NIA no no N/A no no, 22 3 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 NIA >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A N/A N/A N/Ayes yes N/A no yes NIA no yes 23 7 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A N/A . N/A N/A yes yes N/A no yes N/A no yes 24 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 No Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no N/A no no 253 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 <75 N/A >25 >50 N/A >25 >50 Waivers Granted yes no no no no N/A N/A N/A N/A no yes NIA no no N/A no no 26 1 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A N/A >50 <75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A N/A N/A N/A no yes N/A no no N/A no no 27 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A X50 >75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no. 28 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no N/A N/A N/A N/A no no N/A no no N/A no no UB TOTALS 1,604,600 0 Waivers Required no N/A TOTALS 2,053,543 Page 17 of 19 12/05/02(rev.) THE MEADOW S/OAKRIDG E VILLAGE & MAPLEWOOD RESERVE -LIST OF DIMENSIONAL WAIVERS BY BUILDING` ZONING REQUIREMENTS WETLANDS REQUIREMENTS BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. ront Side Rear 21r.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build Min.SF Max. FT Min.FT Win.FT Min.FT Min. FT 3atio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT nd.1 District Requirements BLDG.# ESCRIPTION 80,000 55 150 50 50 50 0.500:1 35% N/A N/A 50 75 100 25 50 N/A 25 50 PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A 1 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.50/6 3.413 N/A >50 >75 N/A >25 >50 N/A >25 >50 aivers Granted no no yes no no N/A no no SEWER no no N/A no no 2 6 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 N/A >50 >75 SYSTEM >25 >50 N/A >25 >50 aivers Granted no no yes no no N/A no no N/A no no N/A no no 3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 N/A >50 >75 WA >25 >50 N/A >25 >50 givers Granted yes no no yes no N/A no no N/A no no N/A no no 4 4 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >50 0.375:1 8.0% 8.12 N/A >50 >75 NIA >25 >50 N/A >25 >50 aivers Granted yes no no no no N/A no no N/A no no N/A no no 5 OMMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5% 0 N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no N/A no no N/A no no N/A no no UB TOTALS 448,943 0.730:1 19.0% 18.56 aivers Granted no yes no N/A es.2 District Requirements BLDG.# ESCRIPTION 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50 OWER MEADOWS(MAPLEWOOD 1,604,600 6 2 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A <25 <50 WA <25 <50 aivers Granted yes no no no no N/A N/A N/A N/A yes yes SEWER yes yes N/A yes yes 7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A <25. <50 aivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes NIA yes yes 8 4 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A ' N/A N/A >50 <75 N/A >25 >50 N/A >25 >50 Waivers Granted no no no no no N/A N/A N/A N/A no yes N/A no no N/A no no 9 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 alvers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no 10 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50 alvers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 11 UNITS >35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >5( [aivers Granted yes no no no no N/A N/A N/A N/A no no N/A no no N/A no no 12 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5( Waivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye: 13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <51 aivers Granted yes no yes yes yes N/A NIA WA N/A yes yes N/A no yes N/A no ye: 14 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5' aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye 15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A NIA <50 <75 N/A >25 <50 N/A >25 <5 Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye 16 5 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <G aivers Granted yes no yes yes N/A N/A N/A N/A yes yes N/A no yes N/A no y€ 17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <E Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yE 18 5 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A NIA N/A N/A <50 <75 NIA >25 <50 N/A >25 <! Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no p , Page 16 of 19 Section 8, Supplementary Reputations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18', accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide and 20'wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be used for parking for accessory uses.A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one (1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12)is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 25. A waiverfrom Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10-Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project.References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an l-S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75'no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted forwater and sewerconnection fees associated with the 75 affordable units[see Specific Condition #29, Page 11 of 19]. Page 19 of 19 %,j� Town of North Andover NORT„ Office of the Zoning.Board of Appeals Community Development and Services Division � n � ` 27 Charles Street �� �. :„. 4L North Andover,Massachusetts 01845 c►�us D. Robert Nicetta Telephone(978)688-9543 Building Coinrnissioner Fax(978)688-9542 Notice of Decision Year 2003 Any appeal shall be filed within(20) Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development,LLC DATE: January 14,2003 ADDRESS: 231 Sutton St. Suite 2E-F PETITION: 2002-31 North Andover,MA 01845 HEARING: 07%09/02,08/13/02,09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02, 12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards'and Citizens'input.The public hearing was closed on December, 10, 2002 by placing the petition"under advisement"for 40 days.The "under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, ?floor.Town Hall, 120 Main Street, North Andover,Massachusetts,was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development,LLC,231 Sutton Street,Suite 2E-F;North Andover,Massachusetts.This application was for 270 housing units per MGL Chap.40B §§20-22.The housing is to have 27.78%of the units set aside as"affordable"in the R2-Residential,and I-1 Industrial zones,located at 2357 Turnpike Street,North Andover,Massachusetts. The following members were present and voting:Walter F.Soule,Scott,A.Karpinski,Ellen P.McIntyre,and George M.Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap.40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev.Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 _.. SUBDIVISION.PLAN! _ c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-1 B EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 BOARD OF y"PEAL8 688-9541 BUILDING 688-9545 CONSERVATIONI T 688-9530 HEALTH 688-9540 FL INWj IiNG 688-9535 h GZA GeoEnvironmental, Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-2D EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental, Inc.-Mass. C-3A UTILITY PLAN 12/06102 m GZA GeoEnvironmental,Inc.-Mass. C-36 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates, Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates, Inc. A11-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. A11-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates,Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 Also,22 general conditions,30 specific conditions,and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals,27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,and George M.Earley. Town of North Andover Board of Appeals Walter F. Soule Acting Chairperson f T^ Decision on Comprehensive Permit Applicatioa YCE PRADSI ;.Y i 0"N'ri CL IE E'K Valley Realty Development, LLC � ! tTH AND0VcR 231 Sutton Street, Suite 2E North Andover, MA 01845 2003 JAN I CQ P 35 Petition No. 2002-31 PROCEDURAL HISTORY Valley Realty Development,LLC,("The Applicant"),is seeking a Comprehensive Permit pursuant to M.G.L.Chapter 40B,Sections 20 through 23,to construct 270 units of condominium housing of which 25%or 68 shall be set aside as"affordable,"in the Residential 2 and Industrial 1 zoning districts,located at 2357 Turnpike Street,North Andover, MA 01845, ("the Property"). The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11,2002 at 1:30pm. The Town of North Andover Zoning Board of Appeals,after publication in The Eagle-Tribune on June 24,2002 and July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley; Ellen P. McIntyre;and Scott A.Karpinski.Robert Ford(Clerk),John Pallone,and Joseph D.Lagrasse were excused. A waiver for time extension was signed at the August 13,2002 North Andover Zoning Board of Appeals hearing by Thomas D. Laudani,Manager for Valley Realty Development,LLC,for the Comprehensive Permit Application to be continued and heard at a regular hearing to be held on September 10,2002 at 7:30 p.m.;an additional waiver for a time extension was signed on that date and also on hearing dates of October 15,2002,October 22,2002,October 29, 2002 and November 12, 2002. At the July 9, 2002 North Andover Zoning Board of Appeals hearing,and at subsequent hearings held to continue the public hearing,the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development, LLC, 231 Sutton Street Suite 2E-F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin & Mellott, LLC,Attorneys at Law,One International Place, 18"'Floor, Boston, MA 02110;Gregory P.Smith,AIA,GSD Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE,Dermot J. Kelly Associates, Inc., 280 Main Street, Suite 204, North Reading, MA 01864; Steven Trettel, GZA- GeoEnvironmental, Inc.-Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress Associates, Inc., 17 Tewksbury Street,Andover,MA 01810;and Eric Loth,Gerry-Lynn Darcy,and Karen Pollastrino, Valley Realty Development, LLC. Mark West,West Environmental,Inc.,122 Mast Road,Suite 6,Lee,NH 03824,represented the Applicant formatters pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings. The public hearing was closed on December 10, 2002. The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the hearing. These findings are based on the following submissions which include,but are not limited to,the following materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a portion of this Application for a P PP Comprehensive Permit. 1. Exhibit A: Traffic Impact and Access Study, Proposed Development Project,The Meadows, North Andover, MA,Prepared by DJK Associates, Inc.for Valley Realty Development, LLC,April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel of 19 3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover Zoning Board of Appeals, August 13, 2002, with subsequent revisions; 4. Exhibit D: Certificate of Legal Existence of Applicant; 5. Exhibit E: Certified List of Abutters; 6. Exhibit F: Sample Regulatory Agreement and Deed Rider; 7. Exhibit G:Student Residential Patterns,North Andover,MA prepared by School Geographies, Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc.dated June 3,2002 to the North Andover Zoning Board of Appeals with the submission of the Comprehensive Permit Application.The North Andover Zoning Board of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire Department,the North Andover Conservation Commission,the North Andover Board of Health,the North Andover Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002, which are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the North Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision.There are no outstanding issues raised by any Town Boards. All issues have been addressed by the Applicant. Prior to the close of the public hearing on December 17,2002, the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT SENDER CONTENT/NOTES 8 08/02/02 Gerry-Lynn Darcy Valley Tim Willett,N.A.DPW Hydrant Flow Test Realty Development,LLC 9 08/12/02 Mark Rees,Town Manager Bernice Fink,N.A.Finance Committee General 10 09/10/02 ZBA-William Sullivan Valley Realty Development,LLC Applicant's Response to Bernice Fink's Memo 11 08/08/02 ZBA Julie Parrino,N.A.Con.Comm. Preliminary Review 12 09/30/02 Secretary Durand J.Lionel Lucien,Manager Mass Highway Commentary 13 08/12/02 Heidi Griffin Richard Stanley,N.A.Police Dept. Public Safety Review 14 07/19/02 Board of Appeals Lt.Melnikas,N.A.Fire Dept. Preliminary Review 15 11/22/02 ZBA-William Sullivan Chief J.Dolan,N.A.Fire Dept. Final Acceptance of Terms and Names 16 08/07/02 ZBA Chairman Sandra Starr,N.A.Public Health Preliminary Comments 17 08/09/02 ZBA N.A.Board of Selectman Preliminary Comments 18 08/05/02 ZBA-William Sullivan Robert Beshara,N.A.DPW Preliminary Review 19 08/08/02 ZBA Heidi Griffin,Dir.Of Community Preliminary Comments Development 20 08/21/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Comments from Dept.Heads 21 09/09/02 ZBA Joseph Lagrasse General Comments on Architecture I 22 09/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Memo Page 2 of 19 6 23 10/22/02 ZBA-Walter Soule Susan Dennett General Comments 24 10/28/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Susan Dennett 25 10/29/02 ZBA-William Sullivan Ira Singer,Town of Middleton Preliminary Review 26 11/07/02 ZBA-William Sullivan Valley Realty Development, LLC Response to Ira Singer's Review 27 10/28/02 ZBA-William Sullivan Joseph Lagrasse Additional Comments 28 11/12/02 ZBA-William Sullivan Valley Realty Development,LLC Response to Joseph Lagrasse Comments 29 08/07/02 ZBA-William Sullivan Paul Kelly Citizen Comments 30 11/11/02 ZBA-William Sullivan Valley Realty Development,LLC Our Response to Paul Kellys Comments 31 10/18/02 ZBA Paul Szymanski Fiscal Analysis Request 32 11/12/02 ZBA Paul Szymanski Proposed School Bus Stop 33 08/12/02 Town of Middleton Abutters List Zoning Board of Appeals Map 9-Lot 1 34 08/12/02 ZBA-Abutters List for North Assessors Office Map 108C Parcel 33,38,39 Andover 35 08/30/02 MEPA Valley Realty Development,LLC Expanded Environmental Notification Form 36 08/30/02 ZBA/MEPA DJK Associates,Inc. Traffic Impact and Access Study 37 10/02/02 Robert Nicetta,Building VHB,Andrew Ogilvie Peer Engineering Review Commissioner 38 10/10/02 ZBA DJK Associates,Inc. GAP Study Trip Generations 39 12/09/02 Gerry-Lynn Darcy,Valley Realty J.William Hmurciak,Dir.DPW Letter regarding hydrant flow test Development,LLC In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present findings of this review to the North Andover Zoning Board of Appeals in writing.Included in this review was a review of the Traffic Impact and Access Study prepared by DJK Associates,Inc.on behalf of the Applicant.This review was paid for from funds received from the Applicant for this purpose. The premises and site affected are known as 2357 Turnpike Street,North Andover,Massachusetts.The site consists of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be extended to the site at the Applicant's expense.All of the existing structures are to be demolished. The Project as proposed is described as follows: Upper Meadows- 192 one and two bedroom units in four steel frame buildings, each with an elevator.Buildings 1,2,and 3 shall have 36 units each;Buildings 1 and 2 shall have basement storage. Building 4 shall have 84 units and a 121 car garage;Lower Meadows-78 three bedroom townhouse style units in 27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces. The site itself is irregular in shape.Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section 40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands Protection Act Regulations,with the Conservation Commission on August 28,2002, DEP File Number 242-1169, for work to take place on the Property;and will file a Notice of Intent with the Conservation Commission for work to take place in the public right of way along Route 114 for the installation of utilities. Page 3 of 19 The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows and Florence Meadows,Trustees of Meadows Realty Trust u/d/t dated October 29, 1984 recorded with Essex North District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals. The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349. It is also identified as Assessor's Ma 108A Lot 17 and Ma 108C Lots 33 38 and 39.The site is located in Zoning District Map P , 9 s Residential 2(R-2) and Industrial 1 (1-1).The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993 indicates that the parcel is largely located in Zone C with a small portion in Zone A. Prior to the submission of the Comprehensive Permit application,the Applicant applied to the Federal Home Loan Bank of Boston's New England Fund for a project eligibility letter through the Wainwright Bank,a participating lender with an office in Boston, Massachusetts.Wainwright Bank reviewed the Application and issued a Project Eligibility Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals Committee in Stuborn Ltd Partnership v. Barnstable Bd. of Appeals,No. 98-01 (Decision March 5, 1999),the New England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed by the Applicant. During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from Dominic Terranova,Esq.,who represented Nomid Trust,Joseph DiGrazia,Trustee,an abutter,and Jay Willis,Esq., Alfred J. Morrison, also an abutter. In addition,various members of the North Andover Zoning Board of Appeals questioned the financial impact of the proposed Project on the Town of North Andover,specifically with respect to the impact on the public school system. As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural Resources Defense Council called Developments and Dollars-an Introduction to Fiscal Impact Analysis in Land Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and comments from the North Andover Zoning Board of Appeals -and the North Andover Finance Committee representative,Bernice Fink,the Applicant revised the Analysis.The original and revised Analyses showed a positive fiscal impact to the Town,with a final break even point in excess of 98 children. On August 30,2002,the Applicant submitted an Expanded Environmental Notification Form(EENF)to the Secretary of the Executive Office of Environmental Affairs,Robert Durand,to initiate the Massachusetts Environmental Policy Act(MEPA) review of the proposed Project.Upon completion of the review,the Secretary issued a Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874,on October 31, 2002, which required that an Environmental Impact Report (EIR)be provided. In the course of the public hearing,the North AndoverZoning Board of Appeals expressed concern regarding access to the Lower Meadows site from Route 114.In response to this concern,the Applicant has agreed to investigate the creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The Applicant has stated that in order to create a deceleration lane,it will need permission and an easement from the Owner of the adjacent propertyto relocate a driveway and permission from the Massachusetts Highway Department to alter Route 114. A letter dated October 29, 2002 was received from Ira Singer,Town Administrator,Town of Middleton, expressing his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant submitted a response prepared by its traffic consultant, DJK Associates, Inc.to the North Andover Zoning Board of Appeals on November 7, 2002, a copy of which was also sent to Mr.Singer. In this response was included a copy of a letter dated September 30,2002 from the Massachusetts Highway Department to the Secretary of the Executive Office of Environmental Affairs,Robert Durand, in which it is stated that"the Expanded ENF included a traffic study performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project,and we recommend that no further environmental review be required based on traffic issues." In the course of the public hearing ,the Applicant was notified by the North Andover Fire Department that the use of the name"Meadows"would conflict with other residential developments in Town already using that name. The App g Applicant submitted the name 9 ePP "Oakridge Village"for the Upper Meadows and"Maplewood Reserve"for the Lower Page 4 of 19 Meadows to both the Fire Department and the Police Department,which approved the selection. The Project has been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower Meadows will continue to be used in conjunction with the new names. In addition,the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to work with the Fire Department on meeting their requests. In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup, the Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two locations for trash dumpters in the Upper Meadows/Oakridge Village,and private curbside trash pickup in the Lower Meadows/Maplewood Reserve. The Applicant has chosen the Citizens' Housing and Planning Association (CHAPA),as the agency to monitor the resale of the affordable units.The Applicant has agreed with CHAPA for these services and shall sign a contract with them to this effect. FINDINGS 1. The Applicant.The Applicant,Valley Realty Development,LLC,is a"limited dividend organization" as that term is used on M.G.L.Chap.40B§21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the funding agency to limit profits,and is eligible to apply for and receive a comprehensive permit. Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend organization, the Project is fundable by the Federal Home Loan Bank of Boston's (FHLB/B) New England Fund through a participating lender,and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant has entered into a Purchase and Sale Agreement for the acquisition of the property from Meadows Realty Trust,the present owner. 2. Statutory Minima for Low and Moderate Income Housing.The Town of North Andover has not met the statutory minima set forth in M.G.L. Chap. 40B§20 or 760 CMR 31.04. 3. The Project.The Project, as shown on the final Site Plan, consists of a 192 condominium units in four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site, including forty-five (45) one bedroom units, one hundred forty-seven (147)two bedroom units and a total of 428 parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community building on the Lower Meadows/Maplewood Reserve site,and a total of two hundred thirty four(234)parking spaces with related improvements.The Project's new name is Oakridge Village(f/k/a the Upper Meadows)and Maplewood Reserve (f/k/a the Lower Meadows). 4. Affordable Housing to be Provided.Twenty-five percent(25%)of the units or 68(sixty-eight)units shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B§ 20. Seven (7) additional affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village.The final number of afford able units shall be 75 or 27.78%of the total. The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall be for a term of 99 years from the date of this Decision,or, in the event of approval of the affordability restriction by Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained in such restriction,as specified in the Conditions to this Decision. 5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant,VHB,with respect to traffic issues. Page 5 of 19 6. Support by Town Board and Agencies.During the course of the public hearings,the North Andover Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department of Public Works,the Police Department,the Fire Department,the Conservation Commission, the Planning Board, and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding issues. 7. Waivers Granted.As part of its application for a comprehensive permit,the Applicant submitted a list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The North Andover Zoning Board of Appeals finds that these waivers,included herein as revised,are necessary to make the Project economically feasible and grants the requests. DECISION Based on the above findings and a 4-0 (four to zero)vote of the North Andover Zoning Board of Appeals taken on January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following conditions. Comprehensive Permit Conditions A. General Conditions 1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not be substantially changed,altered or reconfigured in anywaywithout modification to this Comprehensive Permit,after notice and hearing by law. The following plans were prepared for the Applicant: Prepared by Sheet Title Rev.Date a GSD Associates,Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-16 EXISTING CONDITIONS PLAN 1003/02 f GZA GeoEnvironmental,Inc.-Mass. C-IC EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental,Inc.-Mass. C-213 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06t02 j GZA GeoEnvironmental,Inc.-Mass. C-213 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-313 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 Page 6 of 19 o GSD Associates,Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates, Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates,Inc. A1-1.1 TYP.36 UNIT BLDG. FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. Ai-2.1 TYP.36 UNIT BLDG. ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS v GSD Associates,Inc. A2-1.1 TYP,84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates,Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates, Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates,Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates,Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates,Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 2. All requirements of the New England Fund program as administered by the Federal Home Loan Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds. 3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy (270).The affordable units shall comprise twenty-five per cent(25%)of the total or sixty-eight(68)units which shall be indistinguishable from the outside from the market rate units.The Applicant shall endeavor to not locate any two affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the same as those in the standard market rate units at time of first conveyance.This shall not be construed to prevent buyers of standard market rate units from upgrading the utilities,equipment,fixtures,and appliances,among others, in those units. 4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7) additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total number of affordable units equals seventy-five(75)and the total affordable units comprise 27.78%of the 270 units approved. 5. All affordable units are to be sold through a lottery process in accordance with Massachusetts Department of Housing and Community Development guidelines.All fees and facilitation are to be the responsibility of the Applicant. Seventy per cent (70%) of the affordable units shall be set aside for North Andover residents according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community Development Department, and approved by the North Andover Zoning Board of Appeals. Page 7 of 19 6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after completion of construction, issuance of Certificate(s)of Occupancy by the building commissioner and conveyance to individual unit owners. 7. During construction, all local, state and federal laws and regulations shall be followed regarding noise, vibration, dust and blocking Town ways.At all times,the Applicant shall use reasonable means to minimize inconvenience to the residents in the area. 8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the development of the site, unless expressly waived herein. 9. Before beginning any construction under this Comprehensive Permit, other than site work, the Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions necessitated by this decision, have been recorded with the Essex North Registry of Deeds.All plans shall include either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a document number or a book and page number shall be provided to the Building Commissioner. 10. A certificate of insurance,naming the Applicant as the named insured,which shall include coverage for general liability in an amount not less than$1,000,000,automobile liability,umbrella coverage,and Workmen's Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of construction, including site preparation. 11. Prior to obtaining a building permit,the Applicant shall submit to the North Andover Zoning Board of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site plan signed by a Registered Architect and a Registered Engineer,as appropriate. 12. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions, or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior Court of the Commonwealth. 13. The comprehensive permit is granted based on the Application and no use and no other improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by virtue of the granting of the comprehensive permit. 14. The comprehensive permit shall run with the land. 15. The comprehensive permit shall become void in the event the Applicant does not obtain a building permit in connection with the Project within three(3)years after the later of the date of(a) recording of this Permit by the Applicant with the Essex North Registry of Deeds or(b)the issuance of an Order of Conditions, which is not subject to an appeal or contest. 16. Any substantial deviation from the Project Plan shall require the approval of the North Andover Zoning Board of Appeals, as determined by the Building Commissioner. 17. The Applicant shall not be permitted to receive a building permit (other than for the community building and site work) until such time as the Applicant has executed and delivered a Regul4JM Agreement substantially in the form as shown in Exhibit F (the Regulatory Agreement).The North Andover Zoning Board of Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive goals, based upon review of the form by the monitoring agent to be selected. 18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws, rules, and regulations remain in full force and effect.The Applicant shall pay all fees required for this property. No municipal fees are waived unless expressly stated in this decision. 19. The Project shall comply with all applicable state and federal regulations including but not limited to State Building Code,State Sanitary Code,Architectural Access Board Regulations,and Plumbing,Electrical and Fire Codes. Page 8 of 19 20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment a construction mitigation plan that shall include,but not be limited to,measures to control erosion and sedimentation, tree and brush clearing, grading and general site mitigation measure. 21. To the extent permitted by the law,residents of the Town of North Andover are to begranted a local preference for the affordable units.In no case shall local preference be granted for more than seventy per cent(70%) of the affordable units. 22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and Regulations, 521 CMR. B. SPECIFIC CONDITIONS 1. The Applicant shall be responsible forthe snow removal,trash removal,rubbish removal,recyclable materials removal, road maintenance, and storm drainage maintenance on the property until such time as the organization of unit owners for the condominium assumes those obligations, which shall be stated in the condominium rules and regulations. 2. The Applicant shall develop and sell these units as condominiums and not as rental units.The rules and regulations of the condominium shall contain a provision which isnot less restrictive than the following: Any lease or rental of a unit by a Unit Owner,other than by the Declarant, shall be subject to the following conditions: a. Such lease or rental agreement shall be in writing; b. The lease or rental agreement shall apply to the entire unit, and not a portion thereof; C. The term of the lease or rental agreement shall be for a term of not less than six(6)months; d. The occupancy of the unit shall be for not more than two (2) unrelated people; e. The lease or rental agreement shall expressly provide that the lease or rental is subject to the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the Condominium; and f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. Leasing or renting of the affordable units shall be prohibited, except as governed by the provisions of the Regulatory Agreement and Deed Rider. 3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with guidelines established by the Massachusetts Department of Housing and Community Development(DHCD).The Applicant shall work with the Town of North Andover towards this goal. 4. The Applicant shall hire as an outside monitoring agency Citizens'Housing and Planning Association (CHAPA). 5. Twenty-five percent(25%)of the total units in the Project shall be available for purchase by persons whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban Development. In addition,the seven (7)additional affordable one bedroom units of the applicant's choosing which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose income is no more than 80%of the area median as determined by the U.S. Department of Housing and Urban Development.The total number of affordable units equals 27.78%.These affordable units shall be mixed with and indistinguishable from market rate units throughout the buildings in the Project.A list of the affordable unit numbers and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a building permit and to the North Andover Zoning Board of Appeals for their file. Page 9 of 19 Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184 §§31-33. Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals,the Applicant shall use its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event that the Department of Housing and Community Development (formerly the Executive Office of Communities and Development,EOCD) ("DHCD") is required by law to approve but declines to approve the perpetual restriction,the proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and approved b the DHCD but in no case less than ninety-nine ears as offered b the Applicant. In i v pp y ty y y pp this event, the Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to secure approval of the perpetual restriction, the written denial thereof,and the grounds for denial, IF PROVIDED; and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel,covering each and every affordable unit in the Project effective upon the expiration of the affordability period. 6. There shall be four(4) residential buildings containing 192 units in the Upper Meadows/Oakridge Village plus a community building. In addition, seven (7)additional one bedroom units of the Applicant's choosing shall be provided in the Upper Meadows/Oakridge Village.There shall be a total of 428 parking spaces in the Upper Meadows/Oakridge Village There shall be twenty-seven(27)residential buildings containing 78 units in the Lower Meadows/Maplewood Reserve and a community building.There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood Reserve.The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per unit. The total number of affordable units shall be 75(68 plus 7)for an overall ratio of 27.78%. 7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross over streets on the site. 8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge Village as shown on the final revised preliminary plan.The Lower Meadows/Maplewood Reserve will have scheduled curbside trash pickup. 9. The Applicant shall provide snow storage locations on the site as shown on the final revised preliminary plan. 10. There shall be two driveways to the site as shown on the final revised preliminary site plan. 11. There shall be master fire alarm box(es)as required by state code. 12. All buildings shall be equipped with a sprinkler system as per State regulations and building code. 13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for entrance onto Route 114/Turnpike Street before a building permit is issued. 14. A fire protection system shall be designed by a licensed fire protection engineer and approved by the North Andover Fire Department. 15. The execution of Form "U" by the North Andover Department of Public Works shall constitute approval acceptable to the North Andover Zoning Board of Appeals relative to all on-and off-site drainage and utility issues, including, but not limited to gas,sewer, water, etc. 16. Cross connection details and proper backflow information regarding water tie-ins and the type and size of water services shall be provided and approved by the North Andover Department of Public Works; such approval shall not be unreasonably withheld and shall be issued in a timely fashion. Page 10 of 19 17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer pumping station,shall be the responsibility of the Applicantand subsequent condominium association until such time as the Town of North Andover requests a legal transfer to the Town.The Applicant or the condominium association shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost.The sewer pumping station shall remain privately owned. 18. The Applicant shall provide details on the sewer main and sewer services including profiles of the utility to the North Andover Department of Public Works. 19. Drawings and specifications of the sewer conduits,sewer connections,and sewer pumping station design shall be submitted to the North Andover Department of Public Works for review. 20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto any adjacent property. 21. Screening and landscaping shall be substantially in compliance with the plan provided. 22. A drainage system maintenance manual shall be provided to the North Andover Department of Public Works. 23. A report by a Professional Engineer accompanied by certified As-Built plans of the construction of the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works prior to the issuance of any building permit other than a foundation permit or a building permit for the construction of the community building. 24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the Property. 25. Whenever residents of the Project are eligible for school busing,the bus shall pick up and discharge students at the community building at Upper Meadows/Oakridge Village only. 26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State Forest and the site shall be identified with markings and small signs. 27. Prior to the commencement of construction,the Applicant shall post security to cover the cost of the road opening within the public right of way; including the water and sewer connections, in the amount to be determined by the North Andover Department of Public Works, in the form of a letter of creditor other security agreed to by the Applicant and the North Andover Zoning Board of Appeals. 28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such signal be installed by the Massachusetts Highway Department,at the intersection with Sharpener's Pond Road.The conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower Meadows/Maplewood Reserve, and shall have a pull box at each end. 29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall contribute an amount equal to the water and sewer connection fees for the 75 affordable units,which is to be placed in the North Andover Department of Public Works"Water Supply Improvement"fund.This amount is to be equal to the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board of Appeals as part of this decision. 30. Upon completion of the project construction and 80 occupancy of the project units,the Applicant shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the"Little Professionals" project, as currently proposed.This study shall be supplied to the North Andover Zoning Board of Appeals for the information. The results of this revised Traffic Impact and Access Study are for informational purposes only. Furthermore,the Applicant shall have no obligation as a result of this study otherthan the payment to have this study completed. Page 11 of 19 Approved Waivers to the By-Laws and Regulations in Effect in the Town of North Andover For the Approved 270 Unit Residential Housing Project To be known as The Meadows(now known as "OAKRIDGE VILLAGE"and "MAPLEWOOD RESERVE") at 2357 Turnpike Street, North Andover, Massachusetts Based on final revised plans and drawings prepared by GZA GeoEnvironmental, Inc.-Mass.and plans and drawings prepared by GSD Associates, Inc. including Prepared by Sheet Title Rev.Date a GSD Associates,Inc. COVERSHEET 12/03/02 b GSD Associates,Inc. SP-1 SITE BOUNDARY AND PRELIMINARY 12/03/02 SUBDIVISION PLAN c GSD Associates,Inc. SP-2 EXISTING SITE CONDITIONS 12/03/02 d GZA GeoEnvironmental,Inc.-Mass. C-1A EXISTING CONDITIONS PLAN 12/03/02 e GZA GeoEnvironmental,Inc.-Mass. C-1B EXISTING CONDITIONS PLAN 12/03/02 f GZA GeoEnvironmental,Inc.-Mass. C-1C EXISTING CONDITIONS PLAN 12/03/02 g GZA GeoEnvironmental,Inc.-Mass. C-2A SITE DEVELOPMENT AND GRADING PLAN 12/06/02 h GZA GeoEnvironmental,Inc.-Mass. C-26 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 i GZA GeoEnvironmental,Inc.-Mass. C-2C SITE DEVELOPMENT AND GRADING PLAN 12/06/02 j GZA GeoEnvironmental,Inc.-Mass. C-21) EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 k GZA GeoEnvironmental,Inc.-Mass. C-2E STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS I GZA GeoEnvironmental,Inc.-Mass. C-3A UTILITY PLAN 12/06/02 m GZA GeoEnvironmental,Inc.-Mass. C-36 UTILITY PLAN 12/06/02 n GZA GeoEnvironmental,Inc.-Mass. C-3C UTILITY PLAN 12/06/02 o GSD Associates, Inc. SP-3 PRELIMINARY SITEPLAN 12/03/02 p GSD Associates,Inc. SP-3-1 PRELIMINARY SITEPLAN W/EASEMENTS 12/03/02 q GSD Associates,Inc. SP-3-2 PARTIAL-SITEPLAN 12/03/02 r GSD Associates,Inc. SP-3-3 PARTIAL-SITEPLAN 12/03/02 s GSD Associates,Inc. SP-3-4 PARTIAL-SITEPLAN 12/03/02 t GSD Associates,Inc. Ai-1.1 TYP.36 UNIT BLDG.FLOOR PLANS- 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates,Inc. A1-2.1 TYP.36 UNIT BLDG.ELEVATIONS- 12/03/02 SCHEMATIC ELEVATIONS Page 12 of 19 v GSD Associates, Inc. A2-1.1 TYP.84 UNIT BLDG.FIRST FLOOR PLAN 12/03/02 w GSD Associates, Inc. A2-1.2 TYP.84 UNIT BLDG.SECOND AND THIRD 12/03/02 FLOOR PLAN x GSD Associates,Inc. A2-1.3 TYP.84 UNIT BLDG.FOURTH FLOOR PLAN 12/03/02 y GSD Associates,Inc. A2-2.1 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 z GSD Associates, Inc. A2-2.2 TYP.84 UNIT BLDG.ELEVATIONS 12/03/02 as GSD Associates,Inc. A3-1.1 TYP.TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A3-2.1 TYP.TOWN HOUSE ELEVATIONS 12/03/02 ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG.FLOORPLANS 12/03/02 and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers described herein are granted. The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the Federal Home Loan Bank's New England Fund,which is a federally subsidized fund,to develop and construct 294 units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the project affordability letter,the proposed Project has been revised to a total of 270 units of housing,of which 25%or 68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven (7) affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village, for a total of 75 affordable units or 27.78%. The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a number of kennels, fenced dog runs,and residential structures; however, the majority of the site is vacant and unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the demolition of the existing buildings and the construction of new residential,common,utility and garage buildings and related parking areas as indicated on the site plan.The site is located in two zoning districts, Industrial 1 (1-1) and Residential 2(R-2). Multi-family dwellings are not allowed by right in I-1 and R-2 districts.In addition to market rate and affordable housing,the Applicant shall also provide 662 parking spaces,including garages,and landscape the site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By-Law. Waivers Required from the Zoning Bylaw Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002,the Project is granted the following waivers. 1. Section 1 - Purposes: A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts,which shall govern this Application,where they are in conflict. 2. Section 4- Buildings and Uses Permitted: Page 13 of 19 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted.All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit.A waiver from this section is granted since the proposed multi family use is not allowable in the Industrial-1 and Residential-2 district.A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred(100)linear feet in depth(at a right angle to such boundary)into the lesser part by area of such lot so divided.A waiver is granted from this section in its entirety.This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private or public(1985/20)waygiving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling,but not to exceed one dwelling on any one lot A waiver from this section is granted to allow multi-family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district.Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states:Swimming pools in excess of two(2)feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4)feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten(10)foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted which states:Any accessory use customarily not incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive to the neighborhood.A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is granted insofar as residential multi-family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit.A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club.The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety.This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7-Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02(rev.),including a waiverfrom Footnote 1,page FN1, 10'from the requirement that the first 50'have no parking as the plan shows parking beginning at 40'9"(rounded to 40')from the property line and 60'from the requirement that no building be located less than 100'from Route 114 as Building#1 and Building#2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40')from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By-Law: Table 2 changes as listed below for all zoning districts. Page 15 of 19 i GILDING 12/05/02(rev.) WETLANDS REQUIREMENTS ISOLATED VEG. RIVERFRONT BUFFER ZONES BUILDINGS ::::: WE AREA No Disturb No Build N/A No Disturb No Build Lot Size Zone FT Zone FT N/A Zone FT Zone FT Min.SF nd.1 District Requirements 25 50 N/A 25 50 BLDG.# DESCRIPTION 80,000N/A PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 >25 >50 N/A >25 >50 1 36 UNITS 3 no no N/A no no aivers Granted V. >25 >50 N/A >25 >50 2 6 UNITS no no N/A no no aivers Granted >25 >50 N/A >255 >50 3 6 UNITS+UNDERGRND PRKG. no no N/A no n9 aivers Granted >25 >50 N/A >25 >50 4 4 UNITS+UNDERGRND PRKG. no no N/A no no aivers Granted >25 >50 N/A >25 >50 5 OMMUNITY BLDG. no no N/A no no o Waivers Required UB TOTALS 448,94; aivers Granted n Res.2 DistrictRequirements25 50 N/A 25 50 BLDG.# DESCRIPTION 43,561 OWER MEADOWS(MAPLEWOOD 1,604,60' <25 <50 N/A 125 <50 6 12 UNITS+2 CAR GARAGE A yes yes N/A _yes yes Waivers Granted M >25 <50 N/A <25 <50 7 CAR GARAGE no yes WA yes yes Waivers Granted >25 >50 N/A >25 >50 8 4 CAR GARAGE no no N/A no no i Waivers Granted >25 >50 N/A >25 >5C 9 6 UNITS+.2 CAR GARAGE no no N/A no no Waivers Granted _ >25 <50' N/A >25 <5( 10 9 CAR GARAGE no yes N/A no ye€ Waivers Granted >25 >50 N/A >25 >5( 11 6 UNITS no no N/A no no Waivers Granted >25 <50 N/A >25 <51 12 6 CAR GARAGE no yes N/A no ye Waivers Granted >25 <50 N/A >25 r5 13 UNITS+4 CAR GARAGE no yes N/A no ye Waivers Granted >25 <50 N/A >25 <F i 14 5 UNITS+4 CAR GARAGE no yes N/A no y€ Waivers Granted >25 <50 N/A >25 <', i 15 UNITS+4 CAR GARAGE no yes N/A no yF Waivers Granted >25 <50 N/A >25 < 16 6 UNITS+6 CAR GARAGE no yes N/A no Waivers Granted >25 <50 N/A >25 < 17 3 UNITS+2 CAR GARAGE no yes N/A no y Waivers Granted >25 <50 N/A >25 < ++ 18 6 UNITS+4 CAR GARAGE no yes N/A no y Waivers Granted WETLANDS REQUIREMENTS BUILDINGS ISOLATED VEG. RfVERFRONT BUFFER ZONES WETLANDS AREA of Size No Disturb No Build N/A --WoDisfurb No Build in.SF r Zone FT Zone FT WA DG.# ESCRIPTtON Zone FT Zone FT es.2 District Req'ts 43,560 25 50 N/A 25 50 19 CAR GARAGE >25 >50 N/A >25 >50 o Waivers Required no no N/A no no 20 UNITS+2 CAR GARAGE kA >25 <50 WA >25 <50 aivers Granted 21 OMMUNITY BLDG. no yes N/A no yes o Waivers Required >25 >50 N/A >25 >50 22 3 UNITS+3 CAR GARAGE no no WA no no. aivers Granted >25 <50 NIA >25 <50 23 7 UNITS+2 CAR GARAGE no yes WA no yes Waivers Granted >25 <50 N/A >25 <50 24 CAR GARAGE no yes N/A no yes No Waivers Required r >25 >50 N/A >25 >50 25 3 UNITS+3 CAR GARAGE no no N/A no no aivers Granted >25 >50 N/A >25 >50 Y no no N/A no no 26 4 UNITS+4 CAR GARAGE >25 >50 N/A >25 >50 Waivers Granted no no N/A no no 27 5 UNITS+2 CAR GARAGE >25 >50 N/A >25 >50 aivers Granted y no no _ N/A no no 28 3 CAR GARAGE < >25 >50 N/A >25 >50 o Waivers Required no no N/A no no UB TOTALS 1,604,600 o Waivers Required no OTALS 2,053,543 Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide and 20'wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one (1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements under a Comprehensive Permit(Chapter40B)and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 12/05/02(rev) THE MEADOWS/OAKRIDGE VILLAGE & MAPL.EWOOD RESERVE -LIST OF DIMENSIONAL WAIVERS BY BUILDING ZONING REQUIREMENTS WETLANDS REQUIREMENTS BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. rout Side Rear Fir.Area Lot Coverage Dwelling Unit Open o Disturb No Build Septic Sys• No Disturb No Build N/A No Disturb No Build Min.SF Max. FT Min.FT Ain.FT Min.FT Min.FT qatio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT nd.1 District Requirements BLDG.# DESCRIPTION 80,000 55 150 50 50 50 0.500:1 35*/0 WA N/A 50 75 100 25 50 N/A 25 50 PPER MEADOWS(OAKRIDGE VILLAGE) 448,943 N/A N/A 1 36 UNITS <55 >150 <100 >50 >50 0.105:1 3.511/1 3A8 N/A >50 >75 N/A >25 >50 WA >25 >50 givers Granted no no yes no no WA no no SEWER no no N/A no no 26 UNITS <55 >150 <100 >50 >50 0.105:1 3.5% 3.48 NIA >50 >75 SYSTEM >25 >50 N/A >25 >50 aivers Granted no no yes no no N/A no no N/A no no N/A no no 3 6 UNITS+UNDERGRND PRKG. >55 >150 >50 <50 >50 0.140:1 3.5% 3.48 NIA >50 >75 N/A >25 >50 N/A >25 >50 aivers Granted yes no no yes no , WA no no NIA no no N/A no nq 4 UNITS+UNDERGRND PRKG. >55 >150 >50 >50 >60 0.375:1 8.0% 8.12 N/A >50 >75 NIA >25 >50 NIA >25 >50 aivers Granted yes no no no no N/A no no WA no no WA no no 5 MMUNITY BLDG. <55 >150 >50 >50 >50 0.005:1 0.5%, 0 WA >50 >75 WA >25 >50 NIA >25 >50 o Waivers Required no no no no -no N/A no no WA no no WA no no UB TOTALS 448,943 0.730:1 19.00/0 18.56 aivers Granted no yes no N/A Res.2 District Requirements BLDG.# DESCRIPTION 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50 OWER MEADOWS(MAPLEWOOD 1,604,600 6 2 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A WA WA N/A <50 <75 NIA <25 <50 WA <25 <50 aivers Granted yes no no no no NIA N/A NIA N/A yes yes SEWER yes yes N/A _yes yes 7 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <76 SYSTEM >25 <50 NIA <25. <50 aivers Granted no no no no no N/A N/A WA N/A yes yesN/A no yes N/A yes yes 8 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A N/A WA >50 <75 WA >25 >50 N/A >25 >50 Waivers Granted no no no no no WA N/A N/A N/A no yes N/A no no N/A no no 9 UNITS+.2CAR GARAGE >35 >150 >30 >30 >30 N/A N/A WA N/A >50 >75 WA >25 >50 WA >25 >50 aivers Granted yes no no no no N/A N/A N/A NIA no no N/A no no N/A no no 10 CAR GARAGE <35 >150 >30 >30 >30 N/A NIA WA WA <50 <75 NIA >25 <50' WA >25 c5( alvers Granted no no no no no N/A WA WA N/A yes yes WA no yes N/A no ye; 11 UNITS >35 >150 >30 >30 >30 N/A WA NIA WA >50 >75 N/A >25 >50 WA >25 >51 aivers Granted yes no no no no N/A N/A N/A WA no no N/A rio no WA no no 12 CAR GARAGE <35 >150 >30 >30 >30 N/A NIA NIA N/A <50 <75 N/A >25 <50 N/A >25 <51 Waivers Granted no no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no ye 13 UNITS+4 CAR GARAGE >35 >150 <30 <30 <30 NIA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <5 UNITS Granted yes no yes yes yes N/A N/A WA NIA yes yes WA no yes WA no ye 14 5 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 WA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <F Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no y€ 15 3 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <` aivers Granted yes no no no no N/A N/A WA N/A yes yes NIA no yes N/A no yf 16 6 UNITS+6 CAR GARAGE >35 >150 <30 <30 <30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <' aivers Granted yes no yes yes N/A NIA N/A N/A yes yes N/A no yes N/A no y, 17 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A NIA <50 <75 N/A >25 <50 N/A >25 < Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no y 18 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 < aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no 1 Page 16 of 19 ZONING REQUIREMENTS WETLANDS REQUIREMENTS BUILDINGS SETBACKS EPHEMERAL POOLS ISOLATED VEG. RIVERFRONT BUFFER ZONES (VERNAL POOLS) WETLANDS AREA Lot Size Height St Front. ront Side Rear Fir.Area Lot Coverage t?welling Unit Open o Disturb No Build Septic Sys. No Disturb No Build N/A No Disturb No Build Win.SF Max.FT Min.FT An.FT Min.FT Min.FT Ratio Max. Max. Density Max/Acre Space Zone FT Zone FT Setback FT Zone FT Zone FT N/A Zone FT Zone FT DG.# ESCRIPTION es.2 District Regls 43,560 35 150 30 30 30 N/A N/A N/A N/A 50 75 100 25 50 N/A 25 50 19 [CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 No Waivers-Required no no no no no N/A N/A N/A N/A no no SEWER no no N/A no no 20 3 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A N/A N/A <50 <75 SYSTEM >25 <50 N/A >25 <50 aivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 21 30MMUNITY BLDG. <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no WA N/A N/A N/A no no N/A no no N/A no no. 22 3 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 WA N/A N/A N/A <50 <75 N/A >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A N/A N/A N/A yes yes N/A no yes N/A no yes 23 7 UNITS+2 CAR GARAGE >35 >150 >30 >30 >30 NJA N/A N/A N/A <50 <75 " N/A >25 <50 N/A >25 <50 Waivers Granted yes no no no no N/A NIA N/A NIA yes yes N/A no yes N/A no yes 24 4 CAR GARAGE <35 >150 >30 >30 >30 NIA N/A NIA N/A >50 >75 N/A >25 >50 N/A >25 >50 o Waivers Required no no no no no WN/A N/A N/A no no N/A no no N/A no no A 253 UNITS+3 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A >50 <75 N/A >25 >50 N/A >25 >50 Waivers Granted yes no no no no N/A N/A WA N/A no yes N/A no no N/A no no 26 4 UNITS+4 CAR GARAGE >35 >150 >30 >30 >30 N/A WA N/A NIA >50 <75 N/A >25 >50 NIA >25 >50 Waivers Granted yes no no no no N/A N/A N/A N/A no yes N/A no no N/A no no 27 5 UMTS+2 CAR GARAGE >35 >150 >30 >30 >30 N/A N/A NIA N/A X50 >75 N/A >25 >50 N/A >25 >50 Waivers Granted yes no no no no N/A N/A N/A WA no no N/A no no N/A no no 28 3 CAR GARAGE <35 >150 >30 >30 >30 N/A N/A N/A N/A >50 >75 NFA >25 >50 N/A >25 >50 n no A o o Waivers no no N/ a s it WA Re u no ed o A no n no no no no A A° � N/A NI Required N! N/ UB TOTALS 1,604,600 2.12 No Waivers Required no NIA OTALS 2,053,543 Page 17 of 19 Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off-Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shalt mean an area of not less than 9'x78; accessible over an unobstructed driveway not less than 25'wide to allow for driveways of 24'wide and 20'wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi-family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads:In all residential districts the front yard shall not be used for parking for accessory uses.A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads:In residence districts parking or outdoor storage of one (1) recreational vehicle(camper,etc.)and one(1)boat per dwelling may be permitted in an area to the rear of the front line of the building.All other recreational vehicle and boat storage(if any)shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads:One(1)handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit(Chapter 40B)and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial ar d Industrial Districts (1987/12) is.A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated by the requirements under Comprehensive Permit(Chapter 40B)and are exempt from such review. 25. Awaiverfrom Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10-Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project.References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit(Chapter 40B)and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I-S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75'no build zone pertaining to vernal pools(Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works,to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted for water and sewer connection fees associated with the 75 affordable units(see Specific Condition#29, Page 11 of 19]. Page 19 of 19 4 a-A Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP j A. General Information Important: When filling out 1. Applicant: forms on the Valley Realty Development computer, use Name only the tab key to move 231 Sutton Street, Suite 1-B your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code vtw I! 2. Property Owner(if different): Name ream Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 1/22/03 Date for work at: 2357 Turnpike Street Map 108A, 108C 38, 33, 39 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 1888 349 County Book Page Certificate(if registered land) is hereby extended until: 1/22/08 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extendedlicable if applicable): 1/22/07 ( PP ) Date Issued by: North Andover /13k& Conservation Commission Date wpaformTdoc•rev.3/1/05 Page 1 of 3 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) J This Order of Conditions Extension sf be signed by a ajority of nservation Commission and a copy sent to the applicant " d e appropriate D Reg' n 1 Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North cGu 'r b X006 On this Day 13Of De-Month Year Before me, the undersigned Notary Public,personally appeared sc 04 MA6 s¢-- Name of Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE /r(' IOTARYPWLIC Signature of Notary Public/ ' - COMMONWEALTH OF MASSACHUSETTS V 4f /_ MY Comm. ares A .7 20 G P �9 . 09 Printed Name of Notary Public /!z 2 Place notary seal and/or any stamp above d a� My CommIssion Evoires(Date) wpaformTdoc•rev.3/1/05 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-1169 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc rev.3/1/05 Page 3 of 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverelt Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Millon Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform7.doc•DEP Addresses•rev.12/4/06 Page 1 of 1