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Historical panel OKs demolition of old farmhouse » Merrimack Valley » EagleTribune.co... Page 3 of 11
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June 10, 2014
Historical panel OKs demolition of old farmhouse
By Paul Tennant ptennantgeagletribune.com
NORTH ANDOVER — The large, white, nearly two -century -old farmhouse at 16 Berry St., a landmark that has
greeted motorists headed west on Route 114 for many years, will be torn down.
The Historical Commission voted unanimously yesterday afternoon to grant a developer permission to demolish
the farmhouse, believed to have been built in 1825. The developer, North Andover Holdings LLC, has pledged
to replace it with a structure that will look just like it from the outside.
The new building will serve as a clubhouse for the 196 apartments North Andover Holdings plans to construct
on Berry Street, according to Eric Loth, director of the firm. Kathleen Szyska, chairwoman of the Historical
Commission, said the approval includes several conditions.
First, the agreement needs to be signed by Loth, who was not present at yesterday's meeting; Curt Bellavance,
the town's director of community development; and the commission members, Szyska said. Second, the
signatures must be notarized.
Loth has already shown the commission plans for the clubhouse. Szyska told The Eagle -Tribune she and other
commission members are pleased with the proposed replica of the farmhouse.
Loth said renovation of the farmhouse would not be practical because the rooms are too small and the cost of
making the building comply with the Americans with Disabilities Act would be excessive. It makes more Sens
to tear the old farmhouse down and build a replica, he said. i
After a series of hearings that lasted more than a year, the Zoning Board of Appeals granted a special permit for -
the apartments Feb. 25. North Andover Holdings LLC applied for the permit under Chapter 40B, the state's anti -
snob zoning law.
Chapter 40B exempts developers from local zoning regulations if at least 25 percent of the homes they plan to
build are set aside for people earning below-average incomes; and if less than 10 percent of the community's
housing is deemed affordable.
North Andover has not yet achieved that 10 percent threshold.
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Historical panel OKs demolition of old farmhouse » Merrimack Valley >> EagleTribune.co... Page 4 of 11
RYAN HUTTON/Staff photo Michael Fox holds his diploma high.
'Unplug': Andover High gads urged to listen to each other, leave technology behind
LOWELL -- Andover High Class essayist Marisa Dellatto kicked off last nights graduation
ceremony by taking a "selfie" with the class of 2014 on stage -- much like how comedian Ellen(
DeGeneres did at the Academy Awards earlier this year. "We are one
c%
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Posted Jun 10, 2014 12:05 am 6 Photos 1 Story
• Chism held at unknown location after assault
A week after he allegedly attacked a worker in a Department of Youth Services facility, accused
murderer Philip Chism is now being held in an undisclosed "secure location" in Massachusetts,
according to the county sheriff. Chism, 15, is accused of ro
Continued ...
Posted Jun 10, 2014 12:05 am
• Methuen: Mayor, superintendent agree on $79M budget for schools
METHUEN -- The mayor and the superintendent of schools reached an agreement on a school
budget proposal for next year totaling about $79 million after several days of negotiating and a
nudge from the state to up spending. The School Committee last mo
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http://www.eaglctribune.com/local/x 1927786793/Historical-panel-OKs-demolition-of-old-... 6/10/2014
.—Mmday . Jww 2.-1. 2014
Mr- 'Gerald Brown
Buil .ng Inspector
sort. Andover MA.,
On Irt:ay:, lure,Z-914,_ accardance :with 'Chapter &:r
3erlit aye the rtW Apar Histari,cal Commission took
the -dal-Io ng act . on :
C.. J Da vi- made the. following mot --ion, ,The 1- :Berry _Street
formhou -e- is *t �tori-cal- y-. str,�t- f cant "Pat Q tg seconded the
matian . it passer :cn..cr::unanimous vote
The Historical;C�ssion. �ri�:i- greet a n- on Monday,- June 9 .
Town_ Wl l .
Anne Ericson - Secretary
CC.. Eric - ._ Loth Jr. Manager No- rth- Andover Holdings, LLC
Historical panel, developer find way to preserve farmhouse » Merrimack Valley » EagleT... Page 3 of 11
June 4, 2014
Mtorieal panel, developer fWd sway to preserve farmhouse
By Paul Tennantptennant@eagletribune.com
NORTH ANDOVER — The 1825 farmhouse on Berry Street will be destroyed — but in a sense it will be
resurrected.
The white farmhouse, easily visible to drivers headed west on Route 114, is on the property where North
Andover Holdings LLC has approval to build 196 apartments. The developer plans to demolish the building and
replace it with a community clubhouse for the tenants who live in the apartments.
The clubhouse, however, will be a replica of the farmhouse, according to both Kathy Szyska, chairwoman of the
Historical Commission, and Eric Loth, director of North Andover Holdings LLC.
The commission, which visited the building a few weeks ago, determined that the farmhouse has historical
significance. Loth said the rooms in the nearly 200 -year-old structure are too small for a clubhouse and that
substantial renovation would be required to comply with the Americans with Disabilities Act, according to
Szyska.
Loth, however, said he wanted to work with the commission, so he proposed building a clubhouse that looks
like the farmhouse.
�g
Szyska said she and other members of the commission were pleased with that idea. Loth, she added, showed'
them the plans for the clubhouse, which will be built according to the Federal style.
CC ? f
This is a good thing,)> cc she said. "It's going to be beautiful."
L �
Loth said the Federal -style clubhouse will actually be more attractive that what was originally planned.
The commission will meet Monday at 3 p.m. to act on the developer's request to demolish the original
farmhouse. The town's demolition delay bylaw authorizes the Historical Commission to save a historic building
from being leveled for up to a year.
rol
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Historical panel, developer find way to preserve farmhouse » Merrimack Valley » EagleT... Page 4 of 11
JIM VAIKNORAS/Staff photo Law Enforcement officers block part the scene of a standoff on
Highland Road in South Hampton Tuesday night.
Police capture 'armed and dangerous' man
SOUTH HAMPTON -- Following an hours -long search last night, New Hampshire police captured
a man believed to be armed and dangerous in an area they had encircled in South Hampton. The
capture came after a dramatic search by local and state police that
Continued...
Posted Jun 4, 201412:05 am 3 Photos
• Driver admits to texting as she ran into parked vehicle
NORTH ANDOVER -- An accident that happened early Sunday morning provided yet another
reason why people should not text while they are driving. Veterans Officers Joseph Kamal and
William Brush investigated a report that a car was on its side at Middle
Continued ...
Posted Jun 4, 2014 12:05 am
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w E
f
• Theater plans to locate in North AndoverPosted Jun 4, 2014 12:05 am
• Merrmack Valley Police LogPosted Jun 4, 2014 12:05 am
• 'Bongo. rest easy,Posted Jun 4, 2014 12:05 am 2 Photos
i
• .Division 3 North Baseball: Senior -laden bunch refuse to let coach's career endUpdated Jun 4,
2014`'
1:52 am 4 Photos
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am
• Chism under heavy guard after assault on DYS workerPosted Jun 4, 2014 12:05 am 1 Photo
• Annual art show at Mann Orchards this weekendPosted Jun 4, 2014 12:05 am
• N.H. libraries spark summer excitementPosted Jun 4, 2014 12:05 am
• Tuesday, June 3, 2014
• Chism attacked worker at DYS lockupPosted Jun 3, 2014 1:26 pm 2 Comments
• Textbook dollars and centsPosted Jun 3, 2014 12:05 am 4 Photos
• Police to osted Jun 3, 2014 12:05 am
• Town nearly played big role in Cold WarPosted Jun 3, 2014 12:05 am
• One person hospitalized after I-495 rolloverUpdated Jun 3, 2014 9:20 am I Photo
• Cocaine worth $400K stashed in veggie shipment to LawrenceUpdated Jun 3, 2014 4:59 am 2
Photos 1 Comment
• Budget forum draws few, but they oppose cutsPosted Jun 3, 2014 12:05 am
• Cocaine worth $400K stashed in veggie shipment to LawrencePosted Jun 3, 2014 12:05 am 2
Photos
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• Author to visit Lawrence, North AndoverPosted Jun 3, 2014 12:05 am
• Democratic Town Committee endorses DeCologerOPosted Jun 3, 2014 12:05 am
• Timony Grammar School PTO fundraiser is this monthPosted Jun 3, 2014 12:05 am
• One person hospitalized after I-495 rolloverUpdated Jun 3, 2014 12:41 am I Photo
Click here for more Merrimack Vallev stories
http://www.eagletribune.col-n/local/x2ll743 7720/Historical-panel-developer-find-way-to-pr... 6/4/2014
Historical panel, developer find way to preserve farmhouse » Merrimack Valley » EagleT... Page 3 of l l
June 4, 2014
Historical panel, developer find way to preserve farmhouse
By Paul Tennantptennant o,eagletribune.com
NORTH ANDOVER — The 1825 farmhouse on Berry Street will be destroyed — but in a sense it will be
resurrected.
The white farmhouse, easily visible to drivers headed west on Route 114, is on the property where North
Andover Holdings LLC has approval to build 196 apartments. The developer plans to demolish the building and
replace it with a community clubhouse for the tenants who live in the apartments.
The clubhouse, however, will be a replica of the farmhouse, according to both Kathy Szyska, chairwoman of the
Historical Commission, and Eric Loth, director of North Andover Holdings LLC.
The commission, which visited the building a few weeks ago, determined that the farmhouse has historical
significance. Loth said the rooms in the nearly 200 -year-old structure are too small for a clubhouse and that
substantial renovation would be required to comply with the Americans with Disabilities Act, according to
Szyska.
Loth, however, said he wanted to work with the commission, so he proposed building a clubhouse that looks
like the farmhouse.
Szyska said she and other members of the commission were pleased with that idea. Loth, she added, showed I
1 .0f
them the plans for the clubhouse, which will be built according to the Federal style. 3
C�o;
"This is a good thing," she said. "It's going to be beautiful."
- s
Loth said the Federal -style clubhouse will actually be more attractive that what was originally planned.
The commission will meet Monday at 3 p.m. to act on the developer's request to demolish the original
farmhouse. The town's demolition delay bylaw authorizes the Historical Commission to save a historic building
from being leveled for up to a year.
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Merrimack Valley
http: //www. eagletribune. com/local/x211743 7720/Hi storical-panel-developer-find-way-to-pr... 6/4/2014
Historical panel, developer find way to preserve farmhouse » Merrimack Valley » EagleT... Page 4 of 11
JTM VAIKNORAS/Staff photo Law Enforcement officers block part the scene of a standoff on
Highland Road in South Hampton "Tuesday night.
Police capture 'armed and dangerous' man
SOUTH HAMPTON -- Following an hours -long search last night, New Hampshire police captured
a man believed to be armed and dangerous in an area they had encircled in South Hampton. The
capture came after a dramatic search by local and state police that
Continued ...
Posted Jun 4, 2014 12:05 am 3 Photos
• Driver admits to texting as she ran into parked vehicle
NORTH ANDOVER -- An accident that happened early Sunday morning provided yet another
reason why people should not text while they are driving. Veterans Officers Joseph Kamal and
William Brush investigated a report that a car was on its side at Middle
Continued ...
Posted Jun 4, 2014 12:05 am
• Feds to ioin cleanup at paper millPosted Jun 4, 2014 12:05 am
• Lawrence residency requirement stalls againPosted Jun 4, 2014 12:05 am 2 Comments
• Methuen holds special meeting to OK solicitor's salaryUpdated Jun 4, 2014 12:56 am
• Condition of Methuen crash victim improvesPosted Jun 4, 2014 12:05 am
• DeLeo's budget plan squeezes funds'for gateway' citiesPosted Jun 4, 2014 12:05 am j
• Central Catholic art students receive national awardsPosted Jun 4, 2014 12:05 am 3 Photos
p
• Theater plans to locate in North AndoverPosted Jun 4, 2014 12:05 am
• Merrmack Valley Police LogPosted Jun 4, 2014 12:05 am
• 'Bongo, rest easyPosted Jun 4, 2014 12:05 am 2 Photos
• Division 3 North Baseball: Senior -laden bunch refuse to let coach's career endUpdated Jun 4, 2014'
1:52 am 4 Photos
• Methuen resident pleads guilty to selling counterfeit submarine partsPosted Jun 4, 2014 12:05 am
• Chism under heavy guard after assault on DYS workerPosted Jun 4, 2014 12:05 am i Photo
• Annual art show at Mann Orchards this weekendPosted Jun 4, 2014 12:05 am
• N.H. libraries spark summer excitementPosted Jun 4, 2014 12:05 am
• Tuesday, June 3, 2014
• Chism attacked worker at DYS lockupPosted Jun 3, 2014 1:26 pm 2 Comments
• Textbook dollars and centsPosted Jun 3, 2014 12:05 am 4 Photos
• Police to osted Jun 3, 2014 12:05 am
• Town nearly played big role in Cold WarPosted Jun 3, 2014 12:05 am
• One person hospitalized after 1-495 rolloverUpdated Jun 3, 2014 9:20 am I Photo
• Cocaine worth $400K stashed in veggie shipment to LawrenceUpdated Jun 3, 2014 4:59 am 2
Photos I Comment
• Budget forum draws few, but they oppose cutsPosted Jun 3, 2014 12:05 am
• Cocaine worth $400K stashed in veggie e shipment to LawrencePosted Jun 3, 2014 12:05 am 2
Photos
• Textbook dollars and centsPosted Jun 3, 2014 12:05 am 4 Photos
• Author to visit Lawrence, North AndoverPosted Jun 3, 2014 12:05 am
• Democratic Town Committee endorses DeCologeroPosted Jun 3, 2014 12:05 am
• Timony Grammar School PTO fundraiser is this monthPosted Jun 3, 2014 12:05 am
• One person hospitalized after 1-495 rolloverUpdated Jun 3, 2014 12:41 am I Photo
Click here for more Merrimack Valle std
http://www.eagletribune.com/local/x2ll743 7720/Historical-panel-developer-find-way-to-pr... 6/4/2014
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North Andover Board of Assessors Public Access
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Summary
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Condo
Commercial
Parcel ID :2101106.D-0033-0000.0
SKETCH
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Property Record Card
FY:2014 Community: North Andover
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http://csc-ma.us/PROPAPP/display.do?linkld=2440167&town=NandoverPubAcc 4/29/2014
North Andover Board of Assessors Public Access Page 1 of 1
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Click Seal To Retum Parcel ID :21.0/106.D-0033-0000.0 FY:2014 Community: North Andover
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Summary
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Detached Structure
Condo
Commercial
Location: 16L-12 BERRY STREET
Owner Name: FIORE, FRANK G JR, ET AL, TR
BERRY STREET TRUST
Owner Address: 3 ENGLISH COMMONS
City: TOPSFIELD State: MA Zip: 01983
Neighborhood: 5 - 5 Land Area: 18.88 acres
Use Code: 013 -MULTIUSE -RES Total Finished Area: 7572 sgft
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 1,011,400 1,011,400
Building Value: 754,800 754,800
Land Value: 256,600 256,600
Market Land Value: 256,600
Chapter Land Value:
LATEST SALE
Price: 1,075,000 Sale Date: 04/30/2012
s Length Sale Code: V Grantor: BERRY STREET
TRUST
Doc: Book: 12923 Paee: 0102
4ef
http://csc-ma.us/PROPAPP/display.do?linkld=2440167&town=NandoverPubAce 4/29/2014
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DECISION =
ZONING BOARD OF APPEALSn
Date: March 11. 2014
RE: Application for a Comprehensive Permit by North Andover Holdwn LLC.
PROCEDURAL HISTORY
1. On or about December 28, 2012 North Andover Holdings LLC (the
"Applicant'), applied for a Comprehensive Permit, pursuant to G.L. Ch. 40B (the "Act'),
to construct two hundred forty (240) units of rental housing, a community house and a
swimming pool on approximately 26.86 acres located along Berry Street in North
Andover, Massachusetts (the "Project") in the R-3 zoning district. During the course of
the hearing, the Applicant reduced the number of units to .196:94 26,09 acres more or
less.
2. . The materials submitted by the Applicant in its application and during the
public hearing include:
Application for a Comprehensive Permit Plans for Riding Academy Preserve A
Rental Project of 240 Units of Housing by North Andover Holdings LLC dated
December 28, 2012 (the "Application")
Multi -Family Residential Development Comprehensive Permit Plans of the
Riding Academy Development Berry Street, North Andover prepared for North
Andover Holdings LLC by Goldsmith, Prest & Ringwall dated March 2013
revised through 1/14/1418 sheets (CLI — C7.8) ["Site Plans"]
Landscaping and Lighting Plans — Project Riding Academy Development, North
Andover, Mass. prepared by Huntress Associates, Inc. dated 7/1/13 revised
through 1/17114, 8 sheets (I.,1 -L8) ["Landscaping Plans"]
Riding Academy Development Architectural Plans A 40B Apartment Complex
Berry Street North Andover, Massachusetts 12/2/2013 prepared by David M.
White, Architect for North Andover Holdings, LLC, Cover sheet + sheets PA1-6,
PB.0-7; PC.0-6, PD.0-7, Ul-5, PE.1-2, As.01-02 ["Architectural Plans"]
Progress Print Conservation Restriction Plan of Land in North Andover, Mass.
dated November XX 2013 drawn by Goldsmith, Prest & Ringwall, Inc.
Draft Conservation Restriction (no date) This Is toes* that twenty (20) -days
have elapsed from date of decision, filed
wit mfilingofappeal.
Mgm1ai 14 a2o/
JayciA.Bradshaw
ATTEST: T1 f
ATrtte Copy
'Iowa Clerk
4
Conceptual Roadway Improvement Plan Salem Turnpike (Rte. 114) Berry Street,
North Andover, Prepared by MDM Transportation Consultants dated June 17,
2013 ("Conceptual Roadway Improvement Plan").
Security Plan prepared by The Dolben Company submitted January 15, 2014.
Stormwater Management Report prepared by Goldsmith, Prest & Ringwall, Inc.
dated March 2013 revised through November 27, 2013, supplemented by
information in appendices to Response of Goldsmith, Prest & Ringwall, Inc. to
December 11, 2013 Eggleston Environmental Peer Review dated January 14,
2014.
Long Term Pollution Prevention and Stormwater Operations and Maintenance
Plan prepared by Goldsmith, Prest & Ringwall, Inc. dated March 2013, revised
through November 27, 2013.
Technical Report - Historic Cemetery Delineation, Berry Street Cemetery, Riding
Academy Preserve Pr6ject Plan, North Andover, Mass. - Submitted by The
Public Archaeology Laboratory, Inc. dated June 2013.
Traffic Impact and Access Study prepared by MDM Transportation Consultants,
Inc. - Berry Street, North Andover, dated March 2013.
3. The Zoning Board of Appeals (the "Board") opened a duly advertised
public hearing on January 24, 201- and continued the hearing to February 26, 2013, May
61 2013, June 13, 2013, July 23, 2013, October 1, 2013, October 22, 2013, November 12,
2013, December 10, 2013, and January 28, 2014.
4. On January 28, 2014, the Board closed the public hearing, keeping it open
for the sole purpose of receiving from the North Andover Historic Commission its
comments on the significance of the building to be demolished on the Project site.
5. The Board deliberated on the Application at public meetings held on
February 11, 2014, February 25, 2014 and. March 11, 2014 and on March 11, 2014 voted
to grant the Comprehensive Permit subject to the conditions listed below.
6. The following consultants assisted the Board in its review of the
Application:
Engineering: Lisa Eggleston, P.E
Eggleston Environmental
Sudbury, MA.
Site design and traffic: Timothy McIntosh, PE, Howard Muise, PTOE and
James Fasser
Vanasse Hangen Brustlin, Inc.
Watertown, MA
1)
Sewer: Tara E. McManus, PE
Weston & Sampson
Peabody, MA
MHP- Fund: Edith M. Netter, Esq.
(Ch. 40B Advisor) Edith M. Netter & Associates, P.C.
Waltham, MA
7. The Board notified all local boards and commissions of the filing of the
Application by sending a copy thereof to such local boards and commissions for their
recommendations, all of which have been made a part of the record of these proceedings
and have been taken into consideration by the Board in rendering its decision.
FINDINGS
1. The Applicant and the Project are qualified pursuant to 760 CMR 56.04 in
that MassHousing in a Project Eligibility Letter dated December 3, 2012 has determined
that:
a) the Applicant is a limited dividend organization.
b) the Project is fundable by a subsidizing agency in compliance with
760 CMR 56.04(1)(b).
c) the Applicant has "control of the site" as that term is used in 760
CMR. 56.04(1)(c).
2. The Town of North Andover does not have 10% of its total housing units
available to low and moderate income households. According to the DHCD Subsidized
Housing Inventory("SHI") as defined in 760 CMR 56.02 as of May 10, 2012 the Town
had 6.2% of its total housing stock available to low and moderate income families.
3. As proposed, the Project includes 5 four-story buildings, each with 48
dwelling units: 30 three-bedroom units, 145 two-bedroom units and 65 one -bedroom
units (two of which will have dens). As proposed, the Project includes 436 parking
spaces of which 80 will be underground and will be served by municipal water and
sewer.
4. As proposed the Project will receive New England Fund (NEF) financing
and as required by NEF at least twenty-five percent (25%) of the units in the Project will
be restricted for rental by households earning at or below eighty (80%) percent of the
Lawrence area median income.
5. The Applicant stated that the Project as originally submitted to the Board
included 16.85 buildable acres and that the remaining land is wetlands, floodplain, and
land subject to a Declaration of Restriction recorded at Essex North Registry of Deeds
n
Book 12807 Page 232 as required by the Massachusetts Natural Heritage and Endangered
Species (NEES) program.
6. The Site includes Berry Farm Cemetery, for which the Applicant
submitted a "Technical Report" by the Public Archeology Laboratory, Inc. dated June
2013.
7. Based on the letter dated 9/17/13 from Weston & Sampson to the North
Andover Department of Public Works (DPW), the Board finds that the existing
interceptor pipelines and the pumps in the sewer stations are of adequate size and
capacity to handle the estimated increase inflows from the Project.
8. The Project, as conditioned below, is consistent with local needs, as
required by the Act.
DECISION
Pursuant to the Act, the Board, after convening a public hearing and making findings of
fact, grants a Comprehensive Permit to the Applicant for the construction of one hundred
ninety-six (196) units of rental housing, a community house and a swimming pool with
associated infrastructure improvements, subject to the conditions listed below.
CONDITIONS:
1. The Project shall be constructed in conformance with the Site,
Architectural, and Landscaping Plans listed above in item 2 under Procedural History
(together, the "Plans") unless otherwise specified in this Decision, and this Decision. The
Plans are subject to review and approval by the Director of the Division of Community
Development (CDD) based on conformance with the most recent correspondence to the
Board on this Project written by Town departments, boards and commissions and peer
review consultants (which correspondence is listed below) and this Decision. The CDD
shall seek input from the Board prior to making his determination.
DPW 12/31/13 letter
Fire Department 5/29/13 letter
Police Department 12/20/13 letter
Health Department 12/19/13 letter
VHB 1/28/14 email
Eggleston 1/21/14 letter
2. The Project shall include no more than 196 (one hundred -ninety six) units
of rental housing in no more than four apartment buildings, which buildings are shown on.
the Architectural Plans and 130 underground parking spaces and 191 surface parking
spaces.
3. The units shall have a maximum number of bedrooms as follows:
umlierof:Unrts
Rooms, �,___�• •;I..�:•.�' i •}Tt ..<�
l nmber`;;of$=
65
One
18
One with den
95
Two
18
Three
196(Total)
327 =total number of bedrooms
4. With respect to the Applicant's request for Waivers from local bylaws and
regulations, the Board approves those waivers listed in Attachment I. To the extent the
waivers listed in. Attachment I conflict with those listed on the Plans, the Attachment 1
Est governs.
5. The location of the school bus stop (on-site or on Berry Street) shall be
determined on an annual basis by the North Andover school department.
Housing
6. At least twenty-five percent of the units (49) shall be reserved in perpetuity
(and qualifying for the Subsidized Housing Inventory) for rental and occupancy by
households earning at or below eighty (80%) percent of the Lawrence area median
income adjusted for household size as defined by the U.S. Department of Housing and
Urban Development pursuant to section 3 of 42 U.S.C. 1437 (the Housing Act of 1937)
("Affordable Units").
7. In accordance with "Guidelines G.L.C. 40B Comprehensive Permit
Projects Subsidized Housing Inventory" and to 'the extent allowed by law, MA
Department of Housing and Community Development, preference for renting up to 70%
(seventy percent) of the Affordable Units shall be given to residents of the Town of North
Andover (Town) , which for this purpose is defined as anyone currently living in the
Town (at the time of application to rent a unit), employees of businesses located in Town,
Town employees or households with children attending school in the North Andover
School District. Subject to approval by MassHousing, the Applicant shall manage the
lottery to select tenants (the "Lottery Agent"). The Applicant shall bear all Lottery
Agent costs. The Applicant retains the responsibility to ensure that the lottery complies
with all legal requirements.
8. If a lottery for determining who may rent an Affordable Unit is won by a
handicapped person, the Applicant shall make a handicapped -accessible Affordable Unit
available to that person.
M
Architecture
9. The buildings in the Proj ect and units in the buildings shall conform to the
Architectural Plans, except that vinyl siding may be on the fourth floor only (not on the
first three floors). Exterior building materials shall be subject to review and approval by
the CDD and shall include clapboard, shingles and stone and may include vinyl siding on
the fourth floor only and in no other location in the Project.
Open Space and Landscaping
10. In addition to the 11.98 acres proposed by the Applicant to be subject to a
conservation restriction, prior to the issuance of the first building permit, the Applicant
shall place a Declaration of Restriction, prohibiting additional buildings and impervious
surfaces but allowing passive recreation, on the open space on the remainder of the Site,
the exact boundaries of which shall be subject to review and approval by the CDD.
Infrastructure
11. The following portions of the Project shall be and shall remain forever
private and the Town shall not have, now or ever, any legal responsibility for their
operation, maintenance or repair:
a. The stormwater management system
b. Interior roadways, driveways and parking areas
C. Open space including landscaping, trails, and the tot lot,
d. Snow plowing and removal
e. All sewer and water connections, lines and equipment required, from
Berry Street to the buildings.
f. Lighting
g. Trash disposal
h. All site utilities including domestic water, fire protection, gas if
applicable, electric, telephone, and cable system;
i. Berry Farm Cemetery.
12. The Applicant shall operate, maintain and/or repair all the items listed in
11 (a) through (i) above.
13. The Applicant shall make, at its cost, the intersection improvements at
Berry Street and Route 114 as shown on the Conceptual Roadway Improvement Plan and
subject to final approval by MassDOT and such work shall be done in accordance with
the construction specifications in Appendix I Sections Al -A7, Section E and Section F of
the North Andover Subdivision Rules and Regulations and any other Town requirements
for such improvements as determined by DPW.
14. The Applicant shall provide and pay for all engineering, survey and legal
work necessary, as determined by the Department of Public Works (DPW), to transfer land
within the new Berry Street right-of-way (as shown on the Site Plan and the Conceptual
Roadway Improvement Plan to the Town).
15. The Project shall be connected to the municipal water and sewer systems;
The Project shall meet as determined by DPW all Town technical requirements for such
connection and use . The Applicant shall pay for peer review of the proposed water and
waste water systems, including inspections and a determination that the system famctions in
a good and workmanlike manner.
16. All water and sewage facility designs shall be subj cot to review and approval
by DPW.
17. During the construction of water, sewer and drainage systems the
Applicant's Project Engineer shall be on-site at least weekly to inspect the installation of all
such systems and shall certify in writing to the DPW that all aspects of such systems were
properly installed in accordance with approved plans.
18. Applicant shall grade the Berry Street shoulder when relocating the stone
wall on the Project side of the right-of-way in order to facilitate drainage from the paved
area of Berry Street and away from the travelled way.
19. After construction on the Project has been completed, the Applicant shall
furnish and install at its cost, the wearing (top) course on Berry Street on the area where the
Project site abuts Berry Street as shown oa the Conceptual Roadway Improvement Plan, the
precise length of which shall be subject to review and approval by the DPW.
20. Applicant shall provide to the DPW, for its review and approval, a schedule
for placement of the wearing (top) course of Berry Street at least 14 days prior to
installation.
21. Applicant shall maintain and repair the binder course on Berry Street until
the wearing/top course is placed. Prior to placing the wearing/top course on Berry Street the
Applicant shall arrange for the DPW to inspect the binder course on Berry Street. The
Applicant shall make those repairs to the binder course required by DPW.
Pre -Construction Review
22. Prior to issuance of a Building Permit the Applicant shall:
a. Demonstrate to the Inspector of Buildings that all plans have been
approved by the CDD.
b. Pay all peer review fees required by the Board or the Town to review
the Project to ensure it complies with this Decision.
n
c. Initiate and participate in a pre -construction meeting to discuss the
proposed construction schedule with its contractor and the Town,
including but not limited to the Building, Engineering, and
Conservation departments.
d. Demonstrate that all required local and state approvals and permits
have been obtained and demonstrate that it has obtained Final Approval
from MassHousing pursuant to 760 CMR 56.04(7).
e. Submit a Declaration of Restriction (referenced in Condition 10) to
legal counsel for review and approval subject to Board input and
provide evidence of recording to the Board and Inspector of Buildings.
f. Provide a performance guarantee in an amount set by the Town Engineer
and the Conservation Commission administrator with input from the
Board, which guarantee shall be posted to ensure completion of the
infrastructure (as listed below) in accordance with the Plans. The
guarantee shall be in a form acceptable to the CDD with input from the
Board. Items covered by the performance guarantee may include, but
shall not be limited to:
as -built drawings;
sewers and utilities;
roadway construction and maintenance;
erosion control;
site screening and street trees;
drainage facilities/stormwater management system facilities;
site restoration;
final site cleanup;
construction within the buffer zone and
wetland replication and buffer zone enhancement.
The performance guarantee will be reduced from time to time as work
progresses and released upon approval by the Town Engineer, the
Conservation Conmssion administrator and the CDD with input from
the Board.
Construction
23. During contraction, the Applicant shall conform to all local, state, and
federal laws regarding noise, vibration, dust, and blocking of any roads. The Applicant
shall at all times use all reasonable means to minimise inconvenience to residents in the
general area. The Applicant shall provide the Police Department with the name and 24
hour telephone number for the project manager responsible for construction. The hours
for operation of construction equipment and personnel are limited to: Monday —
Saturday: 7:OOam to 5:OOpm. Any noise or traffic complaints during these hours will be
investigated and stipulations may be put in place by the Police Department based on
reasonableness. The operation of construction equipment and personnel involved outside
of these hours may be allowed on an emergency basis with the approval of the Chief of
Police.
24. Applicant shall show on a plan any stockpiling of materials (dirt, wood,
construction material, etc.) and shall not stockpile unless and until such plan has been
reviewed and approved by the Conservation Commission administrator. Any approved
piles shall remain covered at all times and fenced off to minimize any dust problems that
may occur with adjacent properties.
25. Applicant shall ensure that no erosion from the site of construction occurs
which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site utility construction or other off-site roadway
construction. In the event of any off-site erosion or deposition the Applicant shall be given
written notice and ten days to cure said condition.
26. In an effort to reduce noise levels, the Applicant shall keep in optimum
working order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or the Project site.
27. During construction, Applicant shall provide the Inspector of Buildings
with a monthly report outlining the status of the Project. The monthly reports shall detail
areas of non-compliance with this Decision, if any, and actions taken to resolve these
issues.
Pre -Occupancy Pemut Review
28. Prior to issuance of the Certificate of Occupancy for the final building the
Applicant shall submit an as -built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and the
inverts of all subsurface drainage structures and other pertinent site features. This as -built
plan shall be submitted to the Town Engineer and the Inspector of Buildings for approval
and must be provided in paper form as well as in SDF (Standard Digital File) format, The
Applicant shall also submit a letter from the Project architect and engineer stating that the
building, landscaping and site layout comply with the Plans as approved by the Board.
General
29. The provisions of this Comprehensive Permit shall be binding upon the
heirs, successors and assigns of the Applicant and the obligations shall run with the land.
30. The Applicant shall pay the costs of all inspections (as may be required) to
ensure compliance with the conditions listed herein.
31. If any part of this Decision is for any reason held invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity of any other portion of this
Decision.
32. The Board or its designee shall retain jurisdiction over the Project to
ensure compliance with the terms and conditions of this Decision.
33. Upon execution by the members of the Board, the Clerk of the Board is
directed to file this Decision with the Town Clerk and send a copy to the Applicant by
certified mail, return receipt requested.
34. Any person aggrieved by this Decision may appeal pursuant to § 21 of the
Act.
35. Subsequent to the end of all applicable appeal periods and prior to the
commencement of construction, the Applicant shall record this Decision in the Essex
North Registry of Deeds and shall provide the Board and the Inspector of Buildings with
a copy of this Decision endorsed with the applicable recording information.
36. This Comprehensive Permit shall expire if construction is not commenced
within three years from the date this Decision becomes final as provided in 760 CMR
56.05(12)(c), and subject to the tolling provisions of 760 CMR 56.05(12)(c). For
purposes of this paragraph, commencement of construction is defined as the construction
of the foundation of at least one of the Project's apartment buildings. The Applicant may
apply to the Board for reasonable extensions to this Comprehensive Permit for good
cause.
37. If the Applicant revises any of the Plans as approved by the various Town
departments and/or the Board (or other materials listed in Item_2 of Procedural History),
it shall present the revised plans to the Board in accordance with 760 CMR 56.05(11).
38. This Comprehensive Permit may be transferred by the Applicant only
upon compliance with the requirements of 760 CMR 56.05(12)(b).
39. No underground storage of fuel oils shall be allowed on the Project site
within one -hundred (100) feet of any wetland resource area.
40. Fertilizers utilized for landscaping and lawn care shall be slow release,
low -nitrogen, low phosphorous types (< 5%), and shall not be used within 25 feet of a
resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area.
41. There shall be no storage of snow on any parking space.
RECORD OF VOTE
The following members of the Board vote as follows to grant a Comprehensive
Permit subject to the above -stated conditions:
NORTH ANDOVER ZONING BOARD OF APPEALS
By: X in favor against
Ellen Mclntyr , kelfini Gzair
X in favor against
X in favor against
By: in favor X against -
Allan E. Cuscia
By: X in favor against
Micb6l P. porto
Wherefore a Comprehensive Permit, consistent with the conditions of this Decision, is
granted to the Applicant.
Filed with the Town Clerk on 11,7xCH /3 , 2014.
ATTACHMENT 1
WAIVERS
The following waivers are granted to the extent they are required for
the Project as shown on the Plans:
NORTH ANDOVER ZONING BYLAW:
(I ASTAMENDED MAY21, 2013)
Seciion 5 — Earth Removal Activities:
Requirement: Soil removal permit required for removal of earth incidental to
construction per Section 5.5 & Section 5.6.
Allow for removal of material and other earthwork as required for construction without
the requirement of a local permit.
Section 6.6 (Al Permitted Sims, Residential District — Accessory Suns:
Requirement: One (1) sign oriented to each street on which the premises has access,
either attached or ground, pertaining to an apartment development or a permitted non-
residential principal use of the premises, such sign shall not exceed ten (10) square feet.
Allow for three "entrance signs", one along Salem Turnpike not to exceed 15sf and two
at the main entry off Berry Street, not to exceed 10 sf. The entrance sign along Salem
Turnpike may have a not -to -exceed 6sf contact information sign underneath it as shown
on the "entrance sign" detail on the Plans. Additional site interior signage as shown on
the "miscellaneous signage" detail is proposed on-site along with standard traffic
signs.
Section 8.1 (4) - Off -Street General Parking Regulations:
Requirement: 1.5 off-street parking spaces per one bedroom dwelling unit and 2 off-
street parking spaces per two or more bedroom dwelling unit.
Allow a minimum of 1.6 total on-site parking spaces per dwelling unit, regardless of
bedroom count, to serve the four multi -family residential buildings, common house,
compactor/recycling area, and historic cemetery.
Section 81(5)(A) Dimensions of Parking Spaces and Maneuvering Aisles:
Requirement: Minimum maneuvering aisle width of 25 feet for two-way traffic.
Allow a maneuvering aisle width of 24' for 2 -way traffic.
Section S.1(5)(Q —Entrance and Exit Driveway:
Requirement: The maximum width of driveways at the street line shall be twenty-five
feet for facilities containing 5 or more stalls.
Allow a 72± foot width of the driveway at the street line, supporting two 20 foot wide
one-way travel lanes, a 12 foot wide landscape island, and a 25 foot curb radii.
Section 8.3 - Site Plan Review:
Requirement: Application for Site Plan Review, which is to be reviewed by the Planning
Board as a Special Permit.
Site Plan Review not required.
Table 1: Summary of Use Reeulations (Also See Section X6.12):
Requirement: "Multi -Family Dwellings & Apartments" not allowable use in the R3
Zoning District.
Allow construction of four multi -family apartment buildings on a single lot consisting of
196 total units.
Table 2: Summary of Dimensional Regulations:
Requirement: Maximum building height of 35 feet.
Allow construction of two four-story buildings (Building B & Building D) which
measure 59'-0" from finish first floor to the roof peak, and construction of two three-
story buildings (Building A & Building C) which measure 48'-0" from finish floor to
roof peak. Building height as defined by the North Andover Zoning Bylaw is
measured from average finish grade surrounding the building as follows:
Building A:
49.5± feet
Building B:
64.6± feet
Building C:
51.0± feet
Building D:
64.8± feet
Table 2: Summary of Dimensional Regulations Footnote 11:
Requirement: In all districts except Village Commercial and any Corridor Development
District front yard setbacks along Route 114 shall be a minimum of 100 feet.
Allow construction of Common House building located 55.0+11 feet from the Route 114
right-of-way property line.
GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER:
(ADOPTED APRIL 23, 1979, -4S "MED) THROUGH TOWN MEETING APRIL 2013
Chapter 82 — Demolition Delay:
Requirement: Review of all demolition permit applications by the North Andover
Historical Commission for buildings which are in whole or in part one hundred years or
more old.
No waiver. No demolition permit may be granted for 16 Berry Street (more than 100 -
year -old building) unless Applicant demonstrates compliance with Chapter 82 -
Demolition Delay Bylaw; other building permits for Project may be granted in
conformity with this Decision.
Chapter 154 — Sewers:
Requirement: Common sewers shall not be laid or connected to except by the town
officials authorized by law to lay and maintain common sewers. No person shall enter his
drain into any common sewer without a written license from the Board of Selectman.
Allow the connection of a sewer line from the subject site into the common sewer system
of Turnpike Street (Route 114), and the construction of public sewer manholes and sewer
mains within the Berry Street right-of-way to complete said connection. All work to be
performed by a sewer drain layer licensed by the Town of North Andover, to the extent
applicable. All work to be performed under the direction of the DPW, to the extent
applicable.
Chapter 178 — Wetlands Protection:
The following list of waivers is from the North Andover Wetlands Protection Regulations
(Effective 11-10-98, Revised 3-9-11) which is empowered under Section 178.9 of this
Chapter.
Section 3.2 — Isolated Vegetated Wetland:
Requirement: Proposed work in Isolated Vegetated Wetlands shall not destroy or
otherwise impair any portion of said area.
Allow the alteration of 843 square feet of Isolated Vegetated Wetland located
adjacent to the Historic Cemetery with a compensatory wetland replication area
proposed at a 2 to 1 ratio adjacent to existing pond 42 as shown on the Site Plans without
requiring a waiver from the Conservation Commission.
Requirement: No activity is permitted within 25 feet of the edge of a delineated Isolated
Vegetated Wetland.
Allow the construction of a paved driveway, retaining wall, subsurface utilities and
grading within 25 feet of the Isolated Vegetated Wetland adjacent to the Historic
Cemetery as shown on the Site Plans without requiring a waiver from the Conservation
Commission.
Requirement: No structures shall be permitted within. 50 feet of the edge of a delineated
Isolated Vegetated Wetland.
All the construction of a paved driveway, retaining wall and subsurface utilities within 50
feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the
Site Plans without requiring a waiver from the Conservation Commission.
Section 3.4 — Buffer Zone:
Requirement: No activity is permitted within 25 -feet of the edge of a wetland resource
areas.
Allow minor grading and installation of stormwater management structure outfalls within
25 -feet of Bordering Vegetated Wetlands as shown on the Site Plans without requiring a
waiver from the Conservation Commission. The construction of a paved driveway,
retaining wall, subsurface utilities and grading within 25 feet of the Isolated Vegetated
Wetland adjacent to the Historic Cemetery as shown on the Site Plans without requiring a
waiver from the Conservation Commission.
Requirement: Construction of any kind is prohibited within. 50 -feet of the edge of
wetland resource areas.
Allow construction of a 20 foot wide paved driveway and retaining wall on the west side
of Building B within. 50 -feet of a Bordering Vegetated Wetland as shown on the Site
Plans without requiring a waiver from the Conservation Commission. Construction of a
paved driveway, retaining wall and subsurface utilities within 50 feet of- the Isolated
Vegetated Wetland adjacent to the Historic Cemetery as shown on the Site Plans without
requiring a waiver from the Conservation Commission.
.Allow construction of a paved driveway, retaining wall and subsurface utilities within 50
feet of the Isolated Vegetated Wetland adjacent to the Historic Cemetery as shown on the
Site Plans without requiring a waiver from the Conservation Commission.
Section 5.3 — Vegetated Wetland Alteration:
Requirement: Commission may grant waiver to allow for disturbance of up to 5,000
square -feet of Vegetated Wetland.
Allow construction of paved parking and grading within Isolated Wetland adjacent to the
Historic Cemetery without requiring a waiver from the Conservation Commission. Total
area of Isolated Wetland to be altered is 843± square feet and compensatory wetland
replication area at a ratio of 2 to 1 is proposed adjacent to existing pond #2 as shown on
the Plans.