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HomeMy WebLinkAboutMiscellaneous - Empire Drive0 I. II I. ' I I it I I 'QJ r z %C) I i I pper_'W w > w w w Lir' > w > w w u w Ill i' w w w w w w w w w w W W W f y w d> w IY > U_ > IY > w m ln� > 0: > a' > L1= > a --w > > LL > > > > re > > � > > > > > > > O� 0 D Cl O D D D ID O O D 0 D D D13 D D D D D 0 D J 1! i LL' w � W ILL w �_ W �_ �w �� W �_ w u tY LU 1, W I)' L!J (L' Ili �_ W W �_ W �_ W tY W w W O fir "w W w �_ w w IY w �_ W v=1 Q 2 LL : �. t211 LL 2 Q 2 �. f� a 2 _� a � a � _� w � a n a 2 EL- � d � Li_ � �II im _� a 2 a � _� a 2E a � a 2 _� d � _ n IM Ipl W W i W w 'w W u W lu ; W LIJ W W W W W W W �w W W W W W W ,w !!fit }'a (L) O N N W N N o) d O ! CO OO M N �t rpt O �t- N GD O cfl N (D "t O O oo r eo O t,- ftt) :t- r 1- I` (0 Cl) (o r to i` d L N N `UI LLM tl it 11 II II 11 11 11 It 11 II Ii 11 { II II II II II II 11 II II II 11 II II 11 1 # 1M fn i mr T- I N M i d t tp O i t� 00 � TO i � N �- � d r to r O r r co r O r O N r N N N M N N N to N (O N 'N M) i Z, 'J !- 0 F 0+ .F �. F 0 F 0 4- 0 F 0 F- 0 H 0 +F F 0 F 0 �F 0 F 0 F 0 F 0 F 0 F 0 F 0 1-- ,O F 0 F 0 F 0 F 0 F 0 F 0 iw J I J I J J J J J J J `J ` J J J J J J s ., J J J J J Jt P b. z 0 rn > > w Lij lwi Ill Ill Ill Ill Ill -W W, W W --- - - - - - - - t- LO II �11 00 II 0') it II II 04 II CO JC) 0 0 0 0 0 0 -i -i December 28, 2010 Town of North Andover Attn.: Zoning Board of Appeals 120 Main Street North Andover, MA 01845 0 ;W i Al NE RE: Irrevocable Standby Letter of Credit Number 19549. Comprehensive Permit — Orchard Village Subdivision off Turnpike Street and Chestnut Street Dear Zoning Board Members: By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals ("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts 01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee completion of the subdivision roadway and associated utility and infrastructure improvements in accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E (the "Subdivision Plan'). Said subdivision concerns land located at Chestnut Street and Turnpike Street, North Andover, MA Tax Map I07C, Lots 18 & 112. It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown on the Subdivision Plan guaranteed by this letter are not completed or substitute security under G.L. c, 41, s. 8 1 U acceptable to the Board has not been provided by the Developer, by August 13, 2012 then this letter of credit may be called by notice of same given to the Bank by the Board and without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North Andover. This letter of credit and any funds paid hereunder constitute the Developer's performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are governed thereby. We hereby agree with you that drafts drawn by notice given under and in compliance with the above terms of this Letter of Credit will be duly honored if presented to the above-mentioned Drawee bank until receipt of confirmation from the Board that all work has been completed in accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk and Zoning Board of Appeals, provided that such written notice of expiration shall be given no earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November 13, 2012. 8 High Street, Andover, MA 01810 • Phone: 978-623-3399 o Fax: 978-62.3-3334 . www.EnterpriseBanking.com Page 2 Letter of Credit Orchard Village LLC Town of North Andover Dated: December 28, 2010 MArleii P. Hoyt, Senior Vice P sident I have read this Letter of Credit and agree to its terms. �a� � 0Y � ��" eA Obert A. Messina, Manager of Orchard Village LLC and Individually AHr dl. Vrrisi, Manager of Orchard Village, LLC & Individually Marylee 94essina, President & Treasurer of Messina Development Company, Inc & Individually JT v stlWnts, LLC, Alfred J. Torrisi-Manager rA. Couinunity Housing Inc. Your Local Resource for Affordable Housing Subsidiary of CTI Date: 1/14/11 Zoning Board of Appeals Chair Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA, 01845 Dear Chair Person, OC C�Ga�Ii�. JAN 2 1 2011 BOARD OF APPEALS Community Housing Inc. (CHI) has served as the monitoring agency for the new project Orchard Village in North Andover, MA. This letter is to report on the monitoring activities that we have completed in 2010. As the monitoring agency, CHI did the following: 1. Reviewed and approved the marketing and lottery plan and determined that Lottery Agent, the lottery consultant, met the affirmative marketing requirements. 2. Oversaw the lottery process. 3. Verified that applicants for the affordable units had household income that was at or below 80% of the area median income, as established by HUD, for Town, and had assets within the established limit. The final decision will be determined in 2011. If you have any questions about this letter, or about the cost certification report, please feel free to contact me at CHI at (978) 596-0028 Ext. 107. Sincer y Avi Glaser 167 Dutton Street, Lowell, MA, 01852. Tel: 978-596-0028 Ex. 107. Fax: 978-596-0051 E:mail: aglaser@comteam.org Ciofolo, Angela From: Brc Sent: TuE To: Cio Subject: FW Attachments: irre 40� CgeraW A. Brown � s�S Inspector of Buildings Building Department - JAN _ 4 2011 Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Carol McGravey Imailto:chm@uf-law.coml Sent: Monday, January 03, 20114:20 PM To: Brown, Gerald Subject: FW: Orchard Village Letter of Credit attached. Gerry, BOAR® OF APPEALS have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let me know. Carol McGravey From: Don Borenstein jmailto:DonCabjbllclaw.coml Sent: Monday, January 03, 20119:50 AM To: Carol McGravey Cc: Brown, Gerald; RobtMessina(cbaol.com; Torrisi, AI Subject: FW: Orchard Village Letter of Credit attached. Carol, I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot.Release? I'd like to go by his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead, with final formatting, etc. Any questions, plese call. Thanks and happy new year! Regards, Ciofolo, Angela From: Brown, Gerald Sent: Tuesday, January 04, 20111:41 PM To: Ciofolo, Angela Subject: FW: Orchard Village Letter of Credit attached. Attachments: irrevocable letter of credit.pdf geraCdA. Brown Inspector of Buildings Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Carol McGravey jmailto:chm(ftf-law.coml Sent: Monday, January 03, 20114:20 PM To: Brown, Gerald Subject: FW: Orchard Village Letter of Credit attached. Gerry, JAN 4 2011 tl BOARD OF APPEALS I have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let me know. Carol McGravey From: Don Borenstein jmailto:Don (a)jbllclaw.coml Sent: Monday, January 03, 20119:50 AM To: Carol McGravey Cc: Brown, Gerald; RobtMessinaCa)aol.com; Torrisi, Al Subject: FW: Orchard Village Letter of Credit attached. Carol, I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot -Release? I'd like to go by his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead, with final formatting, etc. Any questions, plese call. Thanks and happy new year! Regards, Enterprise December 28, 2010 Town of North Andover D [ ( 0 d 19. ! Attn.: Zoning Board of Appeals I 120 Main Street North Andover, MA 01845 JAN 4 LU'I I ®OAR® OF APPEALS RE: Irrevocable Standby Letter of Credit Number 19549. Comprehensive Permit — Orchard Village Subdivision off Turnpike Street and Chestnut Street Dear Zoning Board Members: By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals ("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts 01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee completion of the subdivision roadway and associated utility and infrastructure improvements in accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E (the "Subdivision Plan'). Said subdivision concerns land located at Chestnut Street and Turnpike Street, North Andover, MA Tax Mapl07C, Lots 18 & 112. It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown on the Subdivision Plan guaranteed by this letter are not completed or substitute security under G.L. c, 41, s. 81U acceptable to the Board has not been provided by the Developer, by August 13, 2012 then this letter of credit may be called by notice of same given to the Bank by the Board and without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North Andover. This letter of credit and any funds paid hereunder constitute the Developer's performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are governed thereby. We hereby agree with you that drafts drawn by notice given under and in compliance with the above terms of this Letter of Credit will be duly honored if presented to the above-mentioned Drawee bank until receipt of confirmation from the Board that all work has been completed in accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk and Zoning Board of Appeals, provided that such written notice of expiration shall be given no earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November 13, 2012. 8 High Street, Andover, MA 01810 o Phone: 978-623-3399 a Fax: 97R-6PR :.q.q.Ra 0 %AAAPA! Fnf0-0on RonL7 Page 2 Letter of Credit Orchard Village LLC Town of North Andover Dated: December 28, 2010 M le P. Hoyt, Senior Vice P sident I have read this Letter of Credit and agree to its terms. lob�eFAA- UMessinaWManager of Orchard Village LLC and Individually *fr rrisi, Manager of Orchard Village, LLC & Individually Marylee Messina, President & Treasurer of Messina Development Company, Inc & Individually ;��. A MJTVstnts,LC, Alfred J. Torrisi-Manager A Doi== 1 02 r 424 01-10-2011 JAN 19 2011 Essex North Land Court Resistry BOARD OF APPEALS FORM J LOT RELEASE FORM The undersigned being a majority of the Zoning Board of Appeals of the Town of North Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L, c. 40B, §§ 21-23, hereby certify that the requirements for work on the ground called for by the Comprehensive Permit dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book 11427, Page 192, as affected by an Amendment to Comprehensive Permit dated December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009, and filed with the Land Registration Office of the Land Court as Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the Board, in the form of a letter of credit, has been posted by the developer with the Board pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the restrictions as to sale and building specified thereon and released from the Form I Covenant dated August 13, 2009, registered as document number 99463 and as document number 99465. Lots designated on said Definitive Subdivision Plan and released hereby are as follows: Lot S ,Lot I q ,Lot -L, Lot I S , Lot z Z , Lot Z3 , and Lot Z5 . I hereby certify that lot numbers 1 22 on said Definitive Subdivision Plan do conform to layout as shown on said Definitive Subdivision Plan. Registered Land rveyor 1 vMajority Of + rc o The Zoning Board of Appeals f The Town of North Andover 2=17 4 COMMONWEALTH OF MASSACHUSETTS S_5eX County, ss: December j!j—, 2010 Then personally appeared Abuk RM 0, -M i, Z , who proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, N personal knowledge of the undersigned, the above-named member of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c.40B, §§ 21-23, before me, Notary Public: My Commission Expires: CoI91201$. 4k �s7j .1•fJ:F1Cia Lj's ;�! •yac. � GjGlt'• Com,, U V. JOHNSON& BORENSTEIN, LLC ATTORNEYS AT LAW 12 Chestnut Street Andover, MA 01810-3706 Tel: 978-475-4488 Fax: 978-475-6703 www.jbllclaw.com don@jbllclaw.com April 25, 2011 North Andover Zoning Board ATTN: Angela Ciofolo 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 `�`��. APR 2 6 2011 �..ns�n ter- nnn�Ai c Mark B. Johnson (MA, NH, Dc) Donald F. Borenstein (MA, ME, NH) Kristine M. Sheehy (MA) Denise A. Brogna (MA, CA) Kathryn M. Morin (MA, NH, ME) Lorri Gill Covitz (MA) Leslie C. Carey (MA, RI) Michael A. Klass (MA, NH) Re: Applicant: Orchard Village LLC Property: 1001 and L-2 Turnpike Street Original Filing Date: February 28, 2007 Decision Date: June 24, 2008 (filed with Town Clerk on 7/2/08) Amended Decision Date: December 9, 2008 Dear Ms. Ciofolo: Paralegals Karen L. Bussell Danielle R. Corey Melanie J. O'Connell Enclosed please find a recorded copy of the Form J Lot Release Form with regard to the above -referenced matter. Very truly yours, JOHNSON & BORENSTEIN, LLC D: --n a_Q � 4. &U_� ) �)* Donald F. Borenstein DFB/mbf Enclosure Cc: Gerald Brown, N.A. Building Inspector Orchard Village, LLC Dor : 103:O77 04---25-2011 1:14 Essex North Land Court Rpsistrs FORM J LOT RELEASE FORM The undersigned being a majority of the Zoning Board of Appeals of the Town of North Andover, MA ("Board'), acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify. that the requirements for work on the ground called for by the Comprehensive Permit dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book 11427, Page 192, as affected by an Amendment to Comprehensive Permit dated December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last revised une 9, 2009, and filed with the Land Registration Jffice ofthe Land Court as Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the Board, in the form of a letter of credit, has been posted by the developer with the Board pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the restrictions as to sale and building specified thereon and released from the Form I Covenant dated August 13, 2009, registered as document number 99463 and as document number 99465. Lots designated on said Definitive Subdivision Plan and released hereby are as follows: Lot 3, Lot 10, Lot 15, Lot 19, Lot 21, Lot 24, and Lot 35* * a/k/a Lot 1 on an unregistered subdivision plan as approved and on file with the North Andover Zoning Board of Appeals Majority Of The Zoning Board of Appeals Of The Town of North Andover COMMONWEALTH OF MASSACHUSETTS � 5S2x County, ss: r` 2011 Then personally appeared k(b z . m , —_q, ' , who proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or afErrnatior. of a credible witness, ® personal knowledge of the undersigned, the above-named member of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c.40B, §§ 21-23, before me, ,�iNsxlar Notary Public: %�oi�i; .,'pE► My Commission Expires: 6 3 :�� • nR�� i an i coU i�f Ciofolo, Angela From: Brown, Gerald Sent: Tuesday, January 04, 20111:41 PM To: Ciofolo, Angela Subject: FW: Orchard Village Letter of Credit attached. Attachments: irrevocable letter of credit.pdf GerakCA. Brown Inspector of Bui0ings Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Carol McGravey fmailto:chm(a)uf-law.coml Sent: Monday, January 03, 20114:20 PM To: Brown, Gerald Subject: FW: Orchard Village Letter of Credit attached. Gerry, JAN 4 2011 BOARD OF APPEALS have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let me know. Carol McGravey From: Don Borenstein [mailto:Don@jbllclaw.coml Sent: Monday, January 03, 20119:50 AM To: Carol McGravey Cc: Brown, Gerald; RobtMessina(abaol.com; Torrisi, AI Subject: FW: Orchard Village Letter of Credit attached. Carol, I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot.Release? I'd like to go by his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead, with final formatting, etc. Any questions, plese call. Thanks and happy new year! Regards, Enterprise December 28, 2010 rp ank Town of North Andover D [E a W ig Attn.: Zoning Board of Appeals , 120 Main Street North Andover, MA 01845 JAN ^ 4 Lu'l I ®OAR® OF APPEALS RE: Irrevocable Standby Letter of Credit Number 19549. Comprehensive Permit — Orchard Village Subdivision off Turnpike Street and Chestnut Street Dear Zoning Board Members: By this document, Enterprise Bank and Trust (hereinafter "issuer') hereby issues this Irrevocable Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals ("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts 01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee completion of the subdivision roadway and associated utility and infrastructure improvements in accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E (the "Subdivision Plan"). Said subdivision concerns land located at Chestnut Street and Turnpike Street, North Andover, MA Tax Map 107C, Lots 18 & 112. It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown on the Subdivision Plan guaranteed by this letter are not completed or substitute security under G.L. c, 41, s. 81U acceptable to the Board has not been provided by the Developer, by August 13, 2012 then this letter of credit may be called by notice of same given to the Bank by the Board and without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North Andover. This letter of credit and any funds paid hereunder constitute the Developer's performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are governed thereby. We hereby agree with you that drafts drawn by notice given under and in compliance with the above terms of this Letter of Credit will be duly honored if presented to the above-mentioned Drawee bank until receipt of confirmation from the Board that all work has been completed in accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk and Zoning Board of Appeals, provided that such written notice of expiration shall be given no earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November 13, 2012. Page 2 Letter of Credit Orchard Village LLC Town of North Andover Dated: December 28, 2010 M le P. Hoyt, Senior Vice P sident I have read this Letter of Credit and agree to its terms. AobertA. Messina, Manager of Orchard Village LLC and Individuallv , &'risi, Manager of Orchard LLC & Individually Marylee essma, President & Treasurer of Messina Development Company, Inc & Individually WstLC, Alfred J. Torrisi-Manager DOC:102r424 01-10-2411 2-17 JAN 19 2011 Essex. #north Land Court Resistrs BOARD OF APPEALS FORM J LOT RELEASE FORM The undersigned being a majority of the Zoning Board of Appeals of the Town of North Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify that the requirements for work on the ground called for by the Comprehensive Permit dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book 11427, Page 192, as affected by an Amendment to Comprehensive Permit dated December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009, and filed with the Land Registration Office of the Land Court as Plan No. 18083E ("Definitive Subdivision Pian"), have been completed to the satisfaction of the Zoning Board of Appeals as to the following enumerated tots shown on said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the Board, in the form of a letter of credit, has been posted by the developer with the Board pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the restrictions as to sale and building specified thereon and released from the Form T Covenant dated August 13, 2009, registered as document number 99463 and as document number 99465. Lots designated on said Definitive Subdivision Plan and released hereby are as follows: Lot 9 , Lot 1 q , Lot -]-, Lot (g , Lot z Z_, Lot Z3 , and Lot Z 5 . I hereby certify that lot numbers _5,114,, �22 a aN on said Definitive Subdivision Plan do conform to layout as shown on said Definitive Subdivision Plan. 6 Registered Lan urveyor amymajority Of r� o The Zoning Board of Appeals �f The - Town of North Andover COMMONWEALTH Or MASSACHUSETTS C-55ex County, ss: December, 2010 Then personally appeared AbuR Mav►,; , z , who proved to me through satisfactory evidence of identification, which was [] photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, personal knowledge of the undersigned, the above-named member of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L, c.40B, §§ 21-23, before me, ,�MtlNNryIM� 0E E�pt�1i'� My Commission Expires: 60191201 - "p11I ItIto toq INN `nS��a4 � yG`�;• ��; '''7:1A3v4 u tJ Change #2 - Delete Exhibit B to the Decision in its entirety and replace with the following: Exhibit B Table of Housing Unit Styles Unit St le Area Bedrooms Bathrooms Gara cLe Model A: 1761 s.f. 3 2 & 1/2 2 -car, attached Model B: 1500 s.f. 3 2 & 1/2 2 -car, attached Model C: 1500 s.f. 3 2 & 1/2 2 -car, attached Model D: 1637 s.f. 3 2 & 1/2 2 -car, under Model E: 2453 s.f. 4 2 & 112 2 -car, attached Model F: 2230 s.f, 3 2 & 112 2 -car, attached Model G: 1946 s.f. 3 2 & 1/2 2 -car, attached Model H: 2180 s.f. 4 2 & 1/2 2 -car, attached Model I: 2196 s.f. 3 2 & 1/2 2 -car, under Change #3 Delete Condition # 10, subparagraph d at page 11 of 21 in its entirety and replace with the following: 10.d Final specifications and plans of fencing and landscape screening for a buffer designed to compensate for reduced set backs shall be incorporated in the Final Plans to be subject to final approval by the Board pursuant to Condition # 9 of this Decision. Change #4 - Delete Condition # 20, subparagraph a at page 13 of 21 and replace with the following: 4 20.a. an estimate of the cost to complete the work prepared by the Town's DPW or the Board's engineering consultant, Hancock Engineering; plus Delete the following phrase from Condition # 21, subparagraph b at page 13 of 21: 21.b. DELETE "as liquidated damages". Change#5- Delete the second sentence from Condition # 28, at page 15 of 21 and replace with the following: 28. REPLACE SECOND SENTENCE WITH, "Sewer lines shall terminate at the center of the intersection of the proposed subdivision .roadway and Chestnut Street and allow for the potential future connection thereto by the Town and area residents." Change #6 - Delete the third sentence from Condition # 28, at page 15 of 21: 28. REPLACE THIRD AND FOURTH SENTENCES WITH, "The Applicant shall alter its water main design for the Project to be consistent with the requested improvements set forth in the letter from Tim Willet, North Andover Water and Sewer Superintendent with attached water booster pump station minimum Specifications, dated November 20, 2008, attached hereto. This shall be reflected in the Final Plans to be prepared by the Applicant and approved by the Board pursuant to Condition # 9 of this Decision. Prior to the construction of the water booster pump station, the Final Plans for construction of that station shall be approved by the Department of Public Works. Unless and until accepted by the Town, a.) the Development's water, stormwater and sewer utilities and infrastructure shall remain the property of the Applicant and/or a private association of the owners of the lots within the Development; b.) the maintenance of the water booster pump station and related improvements shall be the responsibility of the Applicant and landowners in the Orchard Village project; and c.) any tie-in or use of the Development's water, stormwater and sewer utilities and infrastructure shall be at the option and discretion of the Applicant. The Applicant's discretion to allow tie-ins to the Development's infrastructure by property located outside of the Development shall cease two years after the issuance of the first residential occupancy permit for the Development. Following public acceptance of the Development's water, stormwater and sewer utilities and infrastructure, maintenance and control of same shall be in the public authority accepting same, in the manner usual and customary for conventional definitive subdivisions in the Town of North Andover. 3 Prior to any construction activities on the site, all documents pertaining to the maintenance of the detention basin and water booster pump, including a homeowners association declaration, shall be submitted to the Board's consulting engineer, Town Engineer, and Town Counsel for review prior to being submitted to the Board for its review and approval prior to recording at the Registry of Deeds by the Applicant. These documents or covenants shall provide, unless and until the storm water drainage facility and water booster pump station are accepted by the Town, for a.) private maintenance and upkeep of the storm water drainage facility and water booster pump station; (b) shall provide for the establishment of an account in which the minimum sum, as determined by the Board and based on the recommendation of the Town Engineer or the Board's peer review consultant; shall be deposited and kept for the sole purpose of maintenance, repair and/or restoration of said storm water drainage facility and water booster pump station; (c) shall provide for the terms and method of assessments; (d) shall provide for the method of drawing on such funds; (e) shall indemnify the Town from any responsibility or liability for maintenance and operation of those facilities unless and until publicly accepted; (f) shall further provide that the Town will be reimbursed for any expenses incurred in the event the Town is required to perform any work in or on the storm water drainage facility or water booster pump station in order to ensure their proper operation and functioning prior to public acceptance, and (g) in the latter event the Town shall have the right to employ and enforce any procedure allowed to it under law in order to secure such reimbursement. The amount deposited under sub -paragraph (b) hereof shall be reflected and credited in the amount of any performance bond posted for the Development and shall be released to the Applicant upon public acceptance of those facilities. The Applicant may submit the components of the Development's infrastructure to the Town for public acceptance separately and/or in phases, e.g.; the water system and booster pump station and Parcel A, sewer main, storm -water drainage system, and roadway. It is expected that the water system and booster pump station component will be submitted and considered for public acceptance as a separate component shortly after it becomes operational and before the roadway is complete and ready for public acceptance. In that event, the Applicant shall offer the pump station lot a/k/a Parcel A in fee with an easement for the water mains to be in effect unless and until the roadways are publicly accepted in fee." Change #7 - Delete Condition # 31, at page 15 of 21 in its entirety: 31. DELETE. Ell Change #8 - Delete and replace sections entitled "Zoning Bylaws" 7.1.2, & 7.3 of the table entitled, "Orchard Village LLC - Exhibit A, Waivers from the North Andover Bylaws and Regulations", at pages 18 of 21 and 19 of 21, with the following and insert the following footnotes to said table: 7.1 Lot Area 180,000 s.f. 15,200 s.f. 7.3 — Yards j Minimum f=ront Yard j150 ft. (100 ft. along Rt. 114)6 ft. * (45 ft. along Rt. 114*) j ranted iMinimum Side Yard 50 ft. (100 ft. abutting 10 ft. 1 lresidential district) Granted Minimum Rear Yard 150 ft. (100 ft. along Rt. 11 4) 0 ft. Granted I * ThP minimiim front and rear yards shall be reduced to 15 ft. for exterior decks, stairs, landings, balconies, covered and uncovered porches, and bay windows. This note does not apply to the set back from Rt. 114, for which there shall be a reduced set back of 35 ft. for such features. The dimensional requirements of the Zoning Bylaws shall not apply to Parcel A *(the water pump station parcel) and the set backs for Parcel A shall be as shown on the Plan of Lots dated November 12, 2008, attached hereto. ** The project will consist of 32 building lots, no further subdivision resulting in an increase in the number of building lots shall be permitted. *** There shall be an increased minimum rear yard set back of 35 feet for Lots 18 — 21 and Lots 29 — 31, except the rear yard set back on said lots shall be reduced to 30 feet for exterior decks, stairs, landings, balconies, covered and uncovered porches, and bay windows. Change #9 - Insert section entitled "Subdivision Regulations" 6.8.9 in the table entitled, "Orchard Village LLC - Exhibit A, Waivers from the North Andover Bylaws and Regulations", at pages 17 of 21, as follows: 8.9 Intersections, para. 1,1150 ft. 1125 ft. sentence 3. Street 5 Intersectionjogs j I Change #10 - Insert the following plan in the table of the plans of record at Condition #1 on Page 6 of 21, IPhilip G. Christiansen, ;Sheet 1 of 1, Preliminary November 12, 2008 I IIR.P. Civil Engineer 0 B Subdivision Plan for I i '#28895 Christiansen & Orchard Village in North }Sergi 160 Summer Andover, Mass., Plan of Street Haverhill, MA Lots ;x1830 i The Final Plans to be prepared by the Applicant pursuant to Condition # 9 of this Decision shall substantially conform to the revised layout reflected in the Plan of Lots dated November 12, 2008, attached hereto. Change #11 Delete Condition # 13 at page 12 of 21 in its entirety and replace with the following: 13. Within 10 days of the expiration of the appeal period for this Decision, as amended hereby, without appeal being filed or within 10 days of the dismissal of any such appeal, the Applicant shall pay the following to the Board through its 53G account: A. $8,880 for legal fees currently owed to Blatman, Bobrowski & Mead for work conducted prior to the date of the filing of the Board's Original Decision (the Applicant having already paid $5,000 towards such fees previously); and B. $1,167.62 for engineering fees currently owed to Hancock Engineering for work conducted prior to the date of the filing of the Board's Original Decision. No post -permit reviews of documents or plans shall be undertaken and no building permit or certificate of occupancy shall be issued until the above -listed amounts are paid in full, unless otherwise agreed between the Applicant and the Board. These amounts reflect all costs and fees chargeable to the Applicant as of June 24, 2008. The Applicant shall pay the additional, reasonable legal and technical or engineering consultant fees that have or may be incurred by the Board in connection with the Project on or after June 24, 2008, however, the total of all such fees to be born by the Applicant shall not exceed $15,000. Such fees shall be paid to the Board through its 53G account within 60 days of them becoming due and payable and an invoice being provided to the Applicant, however, payment shall not be due from Applicant for such fees any earlier than 60 days after the expiration of the appeal period for this Decision, as amended hereby, without appeal being filed or within 60 days of the dismissal of any such appeal. No building permit or certificate of occupancy shall be issued until such fees that are due and owing (subject to the $15,000 cap) are paid in full, unless otherwise agreed between the Applicant and the Board. The Applicant shall receive timely copies of all bills, communications and reports generated in connection therewith, unless protected by the attorney-client privilege. 7 RECORD OF VOTE Upon a motion made by and seconded by the Zoning Board of Appeals voted Y -U to to grant and approve the First Amendment to Comprehensive Permit as stated above during its meeting of December 9, 2008. Filed with the Town Clerk on December 4G 2008. Nov 20 08 07:56p TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 0 1845 2909 Tinrolhy .I. Willett Superintendent of Water & Sewer November 20.2008 Mr. Thomas J. Urbelis Town Councel Urbelis & Fieldsteel, LLP 215 Federal Street Boston, MA RE: Orchard Villase— Water Booster Puma Station Dear Mr. Urbelis: BRUCE D. THIBODEAU, P.E. DIRECTOR ,yORTy Of i �a a • ^q'O a' pSSACHUSEt p.2 Telephone (978) 685-0950 Fox (978) 688-9573 In response to the ZBA meeting held on October 20, 2008, a meeting was held at the DPW Office on November , 2008 to discuss the need for a water booster pump station at the proposed Orchard Village Subdivision. In attendance were developer Robert Messina; his engineers Phil Christiansen and Dan O'Connell, Bruce Adams of the Town's Consulting Engineer, and Tim Willett of the DPW. Recent hydraulic modeling for different scenarios conducted by Bruce Adams of Weston & Sampson Engineers confirmed the need to construct a water booster pump station in order to bring the site in compliance withDEP requirements for water pressure and hydrant flows. The hydraulic modeling was conducted in order to respond to questions raised by the developer's engineer, Phil Christiansen. Robert Messina agreed to construct a water booster pump station on site to improve water pressure and hydrant flow for the site only and not the surrounding areas. It was agreed that the station will be built according to Town Specifications. The design for the station will be reviewed by the Town and DEP. It is intended that the Town wit] take ownership of the station at a future date. A copy of the Town's Specifications for water booster pump stations is attached. Very yours, Timothy S/Willett Superintendent of Water & Sewer Nov 20 08 07:56p Town of North Andover crater Booster Pump Station Specifications Design Requirements • Pressures • Minimum 35 psi • Average 65 psi • Maximum 100 psi • Recommended 60 psi at high house, 73 psi at low house • Flows • 1000 gpm at 50 -feet TDH fire flow (minimum) • Domestic peak flow for development plus 65% for future expansion Building • CMU walls • Insulate walls to meet the building code • Vinyl siding to match neighborhood • Plastic trim. boards • Wood -truss roof • Asphalt shingle roof (30 year min) • Concrete floors • Separate pump and generator rooms • 36" exterior doorway (2) • 30" interior doorway (1) • No windows ' Electrical, Heating & Ventilation • Meet all code requirements & clearances • Fluorescent lighting • Receptacles per code (min 10' spacing) • Heating by natural gas • Ventilation through wall • WalI mounted thermostats • Louvers and dampers — aluminum Pumping • End suction or equivalent pumps • Automatic control • VFD's • Premium efficiency motors p.3 Valves/Tittings • Flexible couplings • Check valve bypass (full size) • Isolation valves on pumps • Surge relief valve • Suction & discharge sample taps • Pressure gauges (suction & discharge) Plumbing • No floor drains • No water heater • No emergency shower • No Sink • Sill cock • Backflow preventer/vacuum breaker Telemetry/ControlsITnstrumentation • • RTU with Allen Bradley PLC • Allen Bradley Panel View Operator Terminal fully programmed to control tahe pump station and allow Operator to change all parameters. • Telemetry panel that will transmit, flows, pressures and alarms Eom the RTU to the Water Treatment Plant via QEI model QDTT. • Provide QEI model QDTT modules at WTP necessary for RTU to communicate with SCADA system. • Retain Water System's SCADA Integrator to program SCADA system to include the pump station. • Provide a bypass that will allow each VFD to automatically maintain the discharge pressure in the event that the RTU is not operable • Magnetic flow meter with transmitter (to RTLD Nov 20 08 07:56p • Pressure transmitters (suction & discharge) • Personal emergency alarm • Intrusion alarms on doors • Exterior alarm key switch • Automatic pump stardstop • Bypass Controller in the event of PC failure to allow unmanned operation through use of set point pressure controller Standby Power • Generator (radiator cooled) • Automatic transfer switch • Fuel — natural gas • . Separate room for generator Site Work • Deeded property • Two hydrants (suction & discharge) p.4 • Isolation valves (suction & discharge) • River stone around building for drainage • Sound attenuation fencing • Paved driveway Town Review and Approval Required DEP Design Submittal Required DEP Approval Required Construction Monitoring Required by Town at Developer Expense • Pre -construction meeting • Job -site meetings • Shop drawing reviews • Substantial completion review • Punch list Developer Requirements • Record Drawings (CAD) • Training 4 hours minimum • Operations & Maintenance Manuals Z O t= H w W H O O m x w x of ir x w w w w w w u 00 u O n O u .r u N u M N N M M M M 0 0 0 0 0 0 J J J J J J i Z Q m w >_ w > w > w > w > w > W >_ w > w > w > W > w >_ w > W > w > w > W >_ W > W > W > w > w > w >_ W > W >_ W > W >_ w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0 W W W W W W W W W W W W W W W w w w W W W w W w W W w a a a a a a n a a a a a a a a a a a n CL a a a 2 2 2 2 o w w w w w w w w w w w w w w w w w w w w w w w w w w w N N N M M M M -4T 'T v- 0 0 COO 0 0 w M � � I-- (D CMO LO � LO N N U O u u u II u u n u u u u u u u n n u u u u u u u u u n u O. LL W r N M It 0 O I` 00 O N M It0 O 1'-M 0 O r N CO d' 0 0 I'- N N N F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- Z 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w, W Q.' F= Town. of North And( ver ZONING BOARD OF APPEALS 1(iucr I'. _\t.n±:zi in, i -,1q, rjai,;ry 1 - I 1 `�Hi YM h n l Ric lar(, 1. Bvcns, f.isy. r.!'r-A, - f.r,.lr.d%i Riehaid \1. \ oiilananrrl .g e'er,.•. 05: "t �,y�Nµy. FINDINGS AND -DECISION RE: Application of Orchard Village, LLC for a Comprehensive Permit DATE: June 24, 2008 PROCEDURALHISTORY I. On or about February 28, 2007, Orchard Village, LLC, 44 Great Pond Drive, Boxford, Massachusetts 01921 (the "Applicant"), applied for a comprehensive permit from the Zoning Board of Appeals (the "Board"), pursuant to G.L, c. 40B, to construct an affordable housing project at property located off Turnpike Street in North Andover (the "Application"). The Applicant proposed to construct "for sale" forty (40) single-family detached homes, to be called "Orchard Village" (the "Development"). As proposed, the Development would be located on a site with approximately 7-78 +/- acres of land being Map 107.C, Lots 18 and 112 (the "Subject Property"), The Subject Property is zoned Industrial 1 (I-1), as set forth in the North Andover Zoning By -Law. The original Comprehensive Permit application and the legal notice were for 40 units on the 7,78 -acre parcel (Map 107.C, Lots 18 and 11). 2. A duly advertised public hearing was opened on March 29, 2007, and continued to the following dates: I `` meeting - legal notice only, on 3-29-07 2" d meeting - 1 st evidence on 5-3-07 . 3rd meeting — substantive discussion, continued on 5-9-07 0 meeting — continued only, no evidence on 6-12-07 5t' meeting — 2"d evidence on 6-28-07 6`h meeting -- 3rd. evidence on 9-11-07 7`I'' meeting - 4t3i evidence on 11-13-07 8'11meeting 5`I' evidence on 1-29-08 9'h meeting — 6'4 evidence on 2-28-08 1.001 meeting — no quorum 4-17-08 I Ph meeting -- 7"' evidence on May 12, 2008 Page ! d21 Ph(n1c -7R- (i0r_di� i!(lt5-,o_S,i'Lt !`?t --'i'.�',-Git!�-°).'u3? 1`k::h •• ��:;t•ia,ir}�i-ItOf'[:nFiiulttt;o4i;r.Ct;itt p� �`� I The public hearing was terminated on May 12, 2008. The Board discussed the decision and the requested waivers during the meetings of .lune 10, 2008 and June 24, 2008. 4. During the public hearing, the Applicant reduced the number of dwelling units to 32 single- family homes, in accordance with its Amended Comprehensive Pen -nit Application, Revised April 4, 2008. The Subject Property has frontage on Turnpike Street and Chestnut Street. 5. The following documents and exhibits were received during the public hearing: Hearing Date From � Contents %Item Date Pre- T Anne Good, Production Analyst,[.etter requesting Town response to Orchard 7-]0.06 Application Massllousine, One Beacon Street, Village 1 Boston, MA Lincoln Daley, NA Town Planner I Memo to Curt Bellavance & Mark Rees - 7-19-06 1 Preliminary Analysis of the Orchard Village i 40B Proposal Curt Bellavance, Director, Memo to Board of Selectmen re: Orchard 7-21-06 Community Development Village Com rehensive Permit Letter responding to Anne Good, Mass. 3-14-06 Thomas Licciardello, Chairman, Board of Selectmen Housing Finance Agency Comprehensive Permit Application I Town Clerk Orchard Village, LLC j 2=28-07 Pre- Albert P. Manzi, Chair, NA ZBA Memo requesting Board & Departmental 3-2-07 Meeting response To 3-29-07 North Andover Zoning Board of Legal notice [`Legal notice only, read to open Town Clerk A eals the hearing on 3-29-07. 7 members minus DW) 34-07 I —! i NA ZBA ' Cover memo to Departments & Boards re: 3 13-8-07 L . _ 1 40B's, includin Orchard Susan Sawyer, NA Public Health 4 e-mail response to Orchard Village application 3-14-07 Director Timothy J. Willett & Eugene Letter in response to Orchard Village 3-20-07 Willis, NA DPW application Nicholas J. De Nitto, Esq., 451 Letter in response to Orchard Village 3- 28-07 ! Andover Street, Suite 214, Noah Andover, .MA [abutter) To 5-3-07 I Donald F. Borerrstein, Esq. Law Waive time to 5-3-07 s Town Clerk I +I Office of Mark B. Johnson, 12 1 4-2-07 Chestnut St., Andover, ]SIA NA Residents of Chestnut Street i Letter, 2 & i !� p. signatures, _p, 3 Live Locals, & ; 4-]7-07 � Evergreen Drive, Marian Drive _ Watts NERD plan #15320 _ Alison E. McKay. NA Conservation Response to Comprehensive Permit application 4-26-07 ' _Administrator ! Andrew McInikas, NA FD j Response j . to Comprehensive Permit application 4-26-07 Page 2 of 21 I{ To 6-2$-07 j Donald F. Borenstein, Esq., ;Cover letter for: (1) Mass. Electric [National 1-07 Grid), Sewer Extension Permit W027405, 9 p, 16-t i 1 ! 6-13-02; (2) Patricia A. Leavenworth, MassHighway, State Road Opening Permit 4- i i 2006-0456, 6 p, 8-23-06; (3) NE Enginecrina, i I j letter to NA DPW sewer re -design, 2 p, 3-15. j 107, & (4) NA Consen-'ation Commission, Order I of Conditions DEP 242-1360. 20 p, 7-3-05. } r I 1 To 9-11-07 I ____ Christiansen & Sergi, 160 Summer -! St., Haverhill, MA Preliminary Subdivision Plan 8.7.07 Douglas C. Prentiss, P.E., P.T.O.E., Traffic Impact and Access Study, Orchard ! Rec'd Judith Nitsch Engineering, Inc., 186 Lincoln Street, Suite 22, Boston, Village Residential Development, September 1 9-10-07 MA 2007 To 11-13-07 Christiansen & Sergi Preliminary Subdivision Plan for Orchard Village in North Andover MA, Massachusetts 10-1 [colorl ! Donald F. Borenstein, Esq., Johnson Cover letter for revised site plan [b&w] 1 11-6-07 & Borenstein, LLC, 12 Chestnut St„ Andover, MA intending to reflect abutter concerns about traffic on Chestnut & Turnpike Streets f Christiansen & Sergi Preliminary Lotting Plan & Preliminary Site 11-12-07 i Develo meet Plan Sandra L. Skelton, 846 Chestnut Re: Points for the record - Orchard Village Rec'd 1I - Street _ Traffic Study 9/2007 13-07 ' To 1-29-08 Christiansen & Sergi _ Preliminary 40B Subdivision; Plan for "Orchard 12-13-07 Village", 3 sheets, Cover, Site Plan, & Roadwa - Profiles ! r , l Joseph D. Peznola, PE, :Ianceck Associates r 315 Elm St, Engineering Peer Review, r Orchard Village [10p.] r i-14-08 ' Marlborough, MA � � } NA ZBA Meeting notice 1-29-08 � Town Cleric ' Christiansen & Sergi —t(1) Response to .Engineering Peer Review I 1-17-08 1-24-08 Orchard Village 40B Project, 10 p. i (2) Preliminary Drainage Report for Orchard ((({ i Village, North Andover, Mass., Date: January I I 23, 2008, [2 p.] ; (3) Overlay of Proposed Orchard Village (I Project on Aerial Photo, Date: Jan, 23, 2008 r f j (4) Preliminary 40B Subdivision Pian for i 1 i 1 I "Orchard Village" in North Andover, Mass., !I . Date: December 13, 2007, Revised 1/22/08, 3 sheets, Cover. Site Plan, & Roadway Profile r �To 2-28-08 N'.A Technical Review CommitteeMinutes � 9-13 07 r _ NA Technical Review Committee Minutes 11.14-08 Donald F. Borenstein, Esq. e-mail e-mail to J. Peznola resubmitting PDF0� attachments #1-4 of 6-1.1-07 and PDF cover 4 letter fi•om NE Engineering to Robert Messina for 91 4,64-07 r- Donald F. Borenstein, Esq.- e-mail to L. Dale Y • re: TRC & PDF of 1-22- j U8 1 1-30-08 _ 13 sheets. _ r Pa�-,e3 (if 21 � � p j— Donald F. Borenstein, Esq., e-mail cover for Simmons Environment—al 1-4-08 I -eater in response to Amended Applicationof 5 7-08 Services, Inc., 213 Elm St., Salisbury. MA, Re: Orchard Village, LLC for Comprehensive iFormer Robert Messina, Orchard Village, Apple Orchard, 1001 Turnpike Street, 1 i I No. Andover, MA, 12-5-07 & July 24, 2006 fence frons Rt. 114 to National Grid property (i 5-12-08 ----', NA 7BA 14 pages) Posting for NA HS 2-28-08 I Town Clerk Joseph D. Peznola, PE 1 2' Engineering Peer Review, Orchard Village 40B Project 14 p- 2-7-08 2-8-0$ ! Donald F. Borenstein, Esq. Waiver List, Revised 2-22-08 j To 5-12-08 j Douglas C. Prentiss, P.E., P.T.O.E. Traffic Impact and Access Study, Orchard 2-29-08 Village Residential Development, February 2008, 25 pp. NA Z.BA Posting 4-17-08 _ I Town Clerk i ( 3-5-08 Donald F. Borenstein, Esq., _ Cover letter for Amended Comprehensive 4-4-08 I Orchard Village, LLC ; Applicant's Amended Comprehemsive Permit: 4-4-08 A) Philip G. Christiansen, R.P. Civil E. #28895 Christiansen & Sergi, 160 Summer St, Haverhill, MA 01830 -Cover Sheet, Site Plan, & Roadway Profile, dated December 13, 2007, revised 1122/08, 3/10/08, & 3/31/08;13) Table ! I of Housing Unit Styles_ Models A -I; C) + Christian C. Huntress, R. L. A. #1178, Huntress Associates, Inc.; 17'rewksbury Street, Andover, MA 018I0 - Preliminary Landscape Plan, dated 3/31/08, Preliminary ' Landscape Details, dated 3/31/08; D) Waiver List, dated revised 414/08 Minutes Re: Application of Orchard —Village, Street [6 4-9-08 4-10-08 ( NA Technical Review Committee Richard F. -Valle, 58 Evergreen Drive (Contact for North Andover Residents of Chestnut Street, p.] T ( Evergreen Drive and Marian Drive) ! i Joseph D. Peznola, PE 3"'. Engineering Per Review, Orchard Village 4-16.08 i ( 40B Project Lt. Andrew Melnikas, NA FD ! Orchard Village recommendations t� -16-08 NA ZBA Posting April I7, 2008 rescheduled to May 12, Town Clerk [ 2008 ; 4-23-08 Donald F. Borenstein, Esq. Letter requesting Public Hearing to close on. �----- � 5-12'08 S� ,, andra L. Skelton ! Letter outlining issues to be addressed and I followed up regarding Orchard Village Development ; 5-7-08 Nicholas J. De Nitto, Esq. I -eater in response to Amended Applicationof 5 7-08 i Orchard Village, LLC for Comprehensive Robert Messina, Orchard Village, Pcrmit _- 1 Vie-ws of Skelton house taken F- m the orchard Submitted! ? LLC. 44 Great Pond Drive, Boxford, i on 4/10/08, pages 1-7, VieSAVs of S'higlr existing during ' MA fence frons Rt. 114 to National Grid property (i 5-12-08 (fine, pages 8, 9, + 10, Existing buffer along ! meeting f National Grid property line, pages 11. 12, = 13. [13 color 4x6 photos] Pige4of''1 OjA Dianna C. Deossie, 8 z5 Chestnut Plan of Land in No. Andover. Massachusetts, ; Submitted j 3 Street as prepared for, Dutton ck. Garfield, Inc., i during I Manchester, Nets 1Tampshire. Date: Aug. 16, ; 5-12-08 1984. Design, Paul D. Turbide, R.L.S. & meeting R.P.E. #303575, stamped "Progress Print", with annotations [Watts Regulator, 815 Chestnut Street gradin,, and ennineerin2 nlan] FINDINGS 6. The Applicant submitted the following information pursuant to 760 CMR 56.04: a) it is or will become a "limited dividend corporation" as that term is used in G.L. c. 40B, s. 21 and 760 CMR 56.04(1); b) evidence of a subsidy as indicated by the project eligibility/site approval letter of MassHousing dated January 23, 2007 pursuant to its Housing Starts Program and New England Fund Programs, C) the Applicant alleges "control of the site" as that term is used in 760 CNIR 56,04(1), by virtue of the Authorization of the owner (the "Owner") of the Subject Property, dated February 23, 2007 and signed by Louis J. Kmiec, Jr,, Trustee, Agnes M. Kmiec 1996 Realty Trust, 1001 & L-2 Turnpike Street, and the Applicant's Purchase and Sale Agreement with the Owner. 7, The Town of North Andover, according to the DHCD, has not achieved the statutory minimum set forth in G.L. c. 40B, s. 20 and/or 760 C -MR 56.03 in that affordable housing does not constitutemore than 10% percent of the total number of dwelling units nor is 1.5% of the Town's land area in affordable housing. The Town has a plan for production of affordable units certified by DHCD. 8. The Board retained the following consultants to assist in the review of the application: Civil Engineers: Hancock Associates, Marlboro, MA Traffic Engineers: Judith Nitsch Engineering, Inc., Boston, MA Special Legal Counsel: Blatman, Bobrowski & Mead, LLC, Concord, MA 9. The proposed development was reviewed by the following municipal officers or agencies, either directly, as indicated by correspondence frorn said officers or agencies, or through the Technical Review Committee: Board of Health Planning Department Building Commissioner Conservation Commission Fire Department Police Department Department of Public Works Pace 5 ol'21 Town Manager Board of Selectmen Housing Partnership Committee 10. If developed in accordance with the conditions set forth herein, the proposed Development will be consistent with local needs. DECISION Pursuant to G.L. c. 40B, the Zoning Board of Appeals of North Andover, after public hearing and findings of fact, hereby grants a comprehensive permit to the Applicant for the construction on the Subject Property of thirty-two (32) homeownership dwelling units, consisting of thirty-two (32) single-family homes on 32 lots, with associated infrash-ucture and improvements, subject to the following conditions. The term "Applicant" as set forth herein shall mean the Applicant, its heirs, successors, transferees, and assigns. The term "Board" as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board may designate an agent or agents to review and approve matters set forth herein. Conditions 1. The Development shall. be constructed in substantial conformance with the plans of record set forth below. Any change shall be governed by the provisions of 760 CMR 56.05(11). Prepared by Sheet Title Bate Philip C. Christiansen, Cover Preliminary 40B Subdivision Plan for December 13, R.P. Civil Engineer #28895 Sheet Orchard Village in North Andover, Mass, 2007, Revised: Christiansen & Sergi I of 3 1/22/08, 3/10/08, 160 Summer St, Haverhill, MA 01830 3/31/08 Philip G. Christiansen, Site Plan Preliminary 40D Subdivision Plan for December 13, R.P. Civil Engineer #28895. 2 of 3 Orchard Village in North Andover, Mass. 2007, Revised: 1!22/08, 3/10/08, 3131/08 Philip G. Christiansen, Roadway Preliminary 40B Subdivision Plan for December 13, R.P. Civil Engineer #28895 Profile Orchard Village in North Andover, Mass. 2007, Revised: 3 of 1/22/08, 3/10/08, 3/31/08 Christian C. Huntress, R. L. A. #1178 Drawing Project: Orchard Village, North Andover, 3.31.08 Huntress Associates, Inc. No. L -I Massachusetts 17 Tewksbury Street, Andover. MA of 2 Preliminary Landscape Plan 01810 Christian C. Huntress, R. L. A. #1178 Drawing Project: Orchard Village, North Andover. 3.31.08 Huntress Associates, Inc. No. L-2 Massachusetts of 2 Preliminary Landscape Details Pale 6 of 21 rrepared by Title -- Date Huntress Associates, Inc. The Orchard Village LLC, April 4. 2008 `- 17 Tewksbury Street North Andover, Massachusetts Andover, Massachusetts Model A 41810 _ Huntress Associates, Inc, The Orchard Village LLC, April 4, 2008 North Andover, Massachusetts Model B Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 _ Nortl; Andover, Massachusetts Model C V Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 w North Andover, Massachusetts Model D Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 North Andover, Massachusetts Model E Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 North Andover, Massachusetts Model F Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 _ _ North Andover, Massachusetts Model G Huntress Associates, Inc. The Orchard Village LLC, April 4, 2008 _ North Andover, Massachusetts Model H Huntress Associates, Inc. The Orchard Village LI,C, April 4, 2008 North Andover, Massachusetts Model I 2. The Development shall not exceed thirty-two single family dwelling units. Dwelling units shall not exceed four bedrooms. The number Affordable Units ;.;hall be proportional to the number of market rate units. Exhibit .B shows a guideline of proportionality with respect to market rate and affordable units. 3. Twenty five percent (25%) of the dwelling units, which, as proposed, is eight (8) of the dwelling units (the "Affordable Units"), shall be reserved in perpetuity for sale to households earning no more than eighty percent (80%) of the median household income for the Lawrence PMSA,,or applicable DMSA in the event of a change. The price for such Affordable Units shall be set at seventy percent (70%) of the median household income in the Lawrence PMSA, adjusted for household size, with a five percent (5%) down payment used to calculate such price. If the Development is funded by the New England Fund of the Federal Home Loan Bank of Boston, pricing shall be in accordance with the "Guidelines for Housing Programs in which Funding is Provided through a Nongovernmental Entity," as published by the DHCD. 4. To the extent permitted by law, preference for the sale of seventy percent (70%) of the Affordable Units in the initial round of sales shall be given to persons or families who are first- time buyers and who are either (a) persons who have made their primary residence in North Andover; or (b) employees, special or municipal, of the Town of North Andover. The Iocal preference shall be implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the Lottery agent shall submit a final Lottery plan to the Board, or its agent for its approval. All costs associated with the Lottery shall be exclusively borne by the Applicant. 5. Prior to the issuance of any building permit for any unit located on the Subject Property, the Applicant shall prepare a draft of a Regulatory Agreement and a Deed Rider and submit same to Pa@e 7 of 21 the Board for approval for execution by and with the Board of Appeals on behalf of the Town, such determination and execution to be completed and communicated to the Applicant, specifying any objections. The Board may seek a recommendation as to form by the Board's legal counsel. The form of Deed Rider to be used is the so-called Universal Deed Rider, which Deed Rider has been approved by Fannie Mae and DHCD and is designed to preserve the Chapter 40B Affordability Requirement in the instance of a foreclosure by a lender. Such document(s) shall contain at a minimum, the following terms: a. The Affordable Units shall be reserved for sale in perpetuity to households earning not more than eighty percent (80%) of the median household income for the Lawrence DMSA. The price for such Affordable Unit shall be set at a price affordable to households earning seventy percent (70%) of Clic median household income in the Lawrence PMSA, adjusted for househotd size, with a five percent (5%) down payment used to calculate such price b. The right of first refusal to purchase an Affordable Unit on resale shall be granted to the Board, or its designee if expressly authorized by the Board in writing. c. The actual Affordable Units shall be identified within the Regulatory Agreement. d. The Affordable Units shall be owner -occupied only, provided, however, that the Board may authorize the temporary rental of such unit at a price affordable to a householdearning not more than 80% of area median household income where the owner demonstrates that there is a bona fide reason for same, such as military duty, or the like. e. The Affordable Units shall remain affordable in perpetuity. To the extent DHCD or MassHousing require the use of any of the above -referenced documents in a form approved or issued by them, such document forms shall be utilized for the Development to the extent required. 6. Prior to the issuance of any certificate of occupancy, the Applicant shall enter into a Monitoring Agreement, approved by the Board. The Board may seek a recommendation as to form by the Board's legal counsel. The Board of Appealsshall notify the Building Commissioner, in writing, of such approval and provide to him or her a copy of the Agreement, Such Agreement shall be consistent with the terms of this Decision and shall contain the following terms; a. The Monitoring Agent shall be an entity acceptable to MassHousing and the Board. b. All costs associated with monitoring shall be borne by the Applicant, and, after the first round of sales, by the sellers of the Affordable Units c. All financial information submitted by the Applicant to the Monitoring Agent for the required cost certification after the first round of sales shall be provided by certified mail to the Board at die same time. Pase s c,rzt J 1, d, The final cost certification by the Monitor shall be conducted not more than ninety (90) days after conveyance of the final dwelling unit in the first round of sales, 7. The Affordable Units shall not be segregated from the market rate units. The Affordable Units shall not be substantially different in exterior appearance from the standard market rate units. All of the Affordable Units shall offer the same package of garage, appliances, fittings, and fixtures as the base package for the standard market rate units. Said base package shall be submitted to the Board prior to the issuance of each building permit for an Affordable Unit, which requirement may be waived in the Board's discretion. 8. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Exterior construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 6:00 p.m; provided, however, that exterior construction shall not commence on Saturday before 9:00 a.m. There shall be no exterior construction on any Sunday or state or federal legal holiday. Hours of operation shall be enforced by the North Andover Police Department. 9. Prior to the issuance of a building permit for any dwelling unit to be located on the Subject Property, the Applicant shall submit the following, as well as a final definitive subdivision plan, for approval by the Board, consistent with the Plans of Record, the North Andover Subdivision Regulations and the waivers approved under this Decision. The Board may distribute such. plans to its consultants and/or Town boards and officials for a written recommendation or report, at the sole cost of the Applicant. a. Lighting plan with street lighting detail. If lighting is resident -controlled, the final site plan shall show a minimum number of lanterns and posts equal to the number of dwelling units, each controlled by the resident owning the closest driveway. Posts shall not exceed nine (9) feet high with an approximate -scale lantern on top, or as otherwise approved by the Board, Additional lighting may be required at passive recreation and/or bus stop areas, if any, as approved by the Board. All lighting types shall be identified on the final lighting plan. b. Landscaping, fencing, and planting plan. Said plan shall include, but is not limited to, the following: Minimum tree caliper shall be three (3) inches or fifteen (15) feet high at grade. Buffer trees shall be non -deciduous. Buffer trees shall be planted, as required, at property lines, abutters' homes and Route 114, as approved by the Board. Street trees shall be deciduous shade trees of a type acceptable to the Department of Public Works. Street trees shall be spaced f=ifty (50) feet apart on each side of the roadway. Additionally, a minimum of three (3) decorative trees shall be planted per house lot, to be shown on the final landscaping, fencing and planting plan. Foundation planting, grade berm and hedge planting buffers shall be used to create visual barriers around and between all residences. Landscaping shall be provided at the on-site passive recreation and bus stop areas, if any. A landscaping berm shall be designed at the Route 114 page 9 0'31 property line for safety. The Applicant and its successors and assigns shall be prohibited from disturbing, cutting or removing any landscape buffers shown on the plan. c. Grading plan supported by a cut fill analysis. No ground material (i.e, topsoil) shall be removed from the site, except as required in connection with the remediation and handling of the effected soils on the Subject Property; or as otherwise approved by the Board. The grading plans shall show all required stone and retaining walls. d. Erosion control plan. e. Architectural plan, including all principal and accessory structures. The architectural pian shall bear the stamp and seal of a registered architect or engineer. Said plan shall be in substantial conformance with the size and shape of structures presented to the Board, including all plans submitted by Huntress & Associates. The architectural plans previously submitted are accepted by the Board as a tninimum standard for design, though the Board encourages the incorporation of elements of traditional New England design. f. Utilities plan including water, hydrants, gas; electric, cable, and telephone and sewer. g. Signage plan,. including signs during the marketing phase. h. Detailed stormwater management final plans and full supporting calculations consistent with full compliance with the DEP's Stormwater Management Regulations (2008) and the Conservation Commision's requirements, to the extent applicable, which shall be reviewed by the Conservation Commission's peer reviewer. i. Open space and recreation plan. To the extent the final plan includes a common area, said plan shall include a school bus stop and waiting area, a minimum of three (3) benches and lighting for safety. The Development shall have sidewalk(s), five (S) feet in width with a grass strip of no more than six (6) feet between the sidewalk(s) and the roadway. j. Snow storage and refuse disposal plan. k. Cutting plan, showing the limits of clearing. 1. Fire sprinkler plan, as required by the State Building Code. m. Construction management plan. n. Site plan showing all setbacks, and the location of all proposed dwelling units and abutting structures, as determined by a registered professional land surveyor. o. Monumentation plan, compliant with Essex forth Registry of Deeds and Land Court requirements. Page 10 or -11 p. All wetlands filings within the jurisdiction of the Conservation Commission. q. Completed Demolition of Building Affidavit for existing structures on Subject Property of Louis J. Kmiec, Jr., Trustee of Agnes M. Kmiec 1996 Realty Trust, 1001 & L-2 Turnpike Street. r. Base specifications for the market rate "standard units" including fittings, fixtures, appliances, air conditioning, garage, etc. s. Final Architectural elevations and floor plans, bearing the stamp and seal. of a registered architect or engineer, including any changes from the architectural information in the Plans of Record. The Board shall make such determination at a regular or special meeting of the Board and communicate same to the Applicant, specifying any objections. 10. The Applicant shall design such final definitive subdivision plan with the following specifications: a. The Applicant shall confonn with all pertinent requirements of the Americans with Disabilities Act and Massachusetts Architectural Access Board, if applicable. b. The Applicant shall install fire sprinklers if and only to the extent required by the State Building Code. C. Except as waived, all signage, including signs to promote sales, shall comply with the Zoning By-law and shall be maintained in a sightly condition. d. The adjacent residential properties shall be screened to minimize light intrusion from houselights and vehicles on the Subject Property. The Board may require a fence and/or approved screening at appropriate locations in the final plans. e. The final design roadway shall comply, except as waived, with the standards of the Planning Board's Subdivision Rules and Regulations. I 1. The Applicant has proposed a subdivision of land. The subdivision shall be governed by the Planning Board's Subdivision Rules and Regulations and the Subdivision Control Law with regard to all substantive and procedural matters, unless such requirements are waived. The Board shall act on behalf of the Planning Board as required by G.L. c. 40B. I I The roadway within the Development shall be maintained by the Applicant or its successors until the roadway is dedicated to and accepted by the Town Meeting in the same manner and to the same extent as is typically required by the Town or the Planning Board for non - Comprehensive Pennit residential, definitive subdivisions. °ryne I i ort? o L 13. All invoices generated by the Board's peer reviewers during the application stage shall be paid within. thirty days of thefiling of this decision with the Town Clerk, whether this decision is appealed or not. No post -permit reviews of documents or plans shall be conducted until such invoices have been paid in full nor shall any post -permit reviews commence without the express consent of the Board. No building permit or certificate of occupancy shall be issued until such invoices have been paid in full; unless agreed to by and between the Applicant and the Board. 14. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the Board's legal counsel for review of the plans or documents described herein or for inspections during the construction phase. The results of any inspections shall be provided to the Board in written format. The Board shall require the establishment of an escrow account to assure such payment, with an initial deposit of $5,000.00, subject to replenishment. 15. A preconstruction conference with town departments, scheduled through the Board, shall be held prior to the commencement of construction: a. At such conference, the Board, Building Commissioner, and other town officials shall review the proposed construction schedule. For the purposes of this decision, "commencement of construction" shall occur when the clearing and gabbing (removal of stumps and topsoil) has been initiated. The contractor shall request such conference at least three (3) weeks prior to commencing construction by contacting the Board in writing. b. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards. 16. The Board and/or its agents may enter onto and view and inspect the Property during regular business hours, without notice, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. 17. The Conservation Commission's Order of Conditions, Abbreviated Notice of Resource Area Delineation and/or Notice of Intent pursuant to 310 CMR 10.00, or any order of the Department of Environmental Protection (DEP), either if applicable, regarding this property, shall be made a part of this comprehensive permit. If there is any inconsistency between the plan of record for this permit and the plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the Zoning Board of Appeals and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Such submittal shall be made by certified mail or in hand at a regular meeting. Said amended plan. submitted to the Board shall be accompanied by a letter setting forth any and all changes from the submitted plan of record and shall include revised drainage calculations, as determined. 18. No certificate of occupancy for any building or phase shall be issued until the infrastructure or common facilities or common improvements specified in this decision and set forth on the plans of record are constructed and installed so as to adequately serve said building or phase, or adequate security has been provided, acceptable to the Board, to ensure the completion of such Page 12 nf2! r% improvements. The choice of performance guarantee shall be governed by the provisions of G.L. c. 41, s. 81 U. If requested by the Board, said perfonnance guarantee shall be approved as to forni by the Board's legal counsel. The Board shall notify the Building Commissioner, in writing, of such completion or performance guarantee. 19. Performance bonds or other security shall be required and shall be released and partially released by the Board in accordance with the Subdivision Rules and Regulations of the Planning Board and the Subdivision Control Law, G.L. c. 41; s. 81 U, as determined by the Board acting in the place of the Planning Board. 20. In deteinining the amount of the bond or surety, the Board shall be guided by the following formula in setting the sum of the security: a. the Board's estimate of the cost to complete the work; plus b. a ten percent margin of error; plus c. an appropriate rate of inflation over a five year period. 21. All performance bonds shall contain the following provision: If the Principal shall fully and satisfactorily observe and perform in accordance with the qualifications and time schedule set forth herein specified all the covenants, agreements, terms and provisions set forth in the following: a. The plan of record; b. This Decision attached hereto as an exhibit with all attachments thereto; then this obligation shall be void; otherwise, it shall remain in full force and effect and the aforesaid sum shall be paid to the Town of North Andover as liquidated damages, as determined by the Board.. 22. The Applicant shall provide an "as -built" plan to the Board and Building Department prior to the issuance of the final certificate of occupancy in the Development in accordance with applicable regulations, which shall be approved by the Board or its agent. The Applicant shall provide a separate as -built plan depicting the water mains and services to the Department of Public Works demonstrating compliance with the Department's rules and regulations and installation specifications. 23. The construction site shall be secured in a manner approved by the Building Department so as to prevent injury or property damage to the residents of the Town. 24. The following conditions were recommended by the Board's consulting traffic engineers, Judith Nitsch Engineering, Inc., and shall be required: Pate 13 or21 The following worn out/faded traffic signs in the traffic study area shall be replaced: "Intersection Ahead"; "No Passing Zone"; "Two -Way, Left -Tum Only." Overgrown vegetation within the public right of way along Route 114, between Willow Street/Mill Road and the Subject Property shall be trimmed and cleared to improve sight distance and visibility of existing traffic signage. • Faded pavement markings at Willow Street and Mill Road approaches to Route 114 shall be replaced. "Intersection Ahead" (Code W2-2, Manual on Uniform Traffic Control Devices) signs shall be installed along Route 114 in both directions approaching the intersection of the Project roadway and Route 114. Overgrown vegetation within the public right of way along the Subject Property's frontage on Route 114 shall be trimmed and cleared to improve sight distance; for the intersection of the Project roadway and Route 114. "Stop" signs shall be installed at the Evergreen. Drive approach to Chestnut Street, as directed and approved by North Andover DPW. The Applicant shall consult with the Town School Department to detennine optimum location for school bus stop. it is recommended that the school bus stop at Chestnut Street be relocated and that the Project roadway be available for use by school buses. It is recommended that the Project roadway be maintained as open and available to the public and for public use. 25. The following conditions were recommended by the Board's consulting civil engineers, Hancock Associates, and shall be required: • Final Plans shall conform to the submission requirements of the North Andover Subdivision. Rules and Regulations for a Definitive Subdivision. The design shall fully comply with the Design Standards of the North Andover Subdivision Rules and Regulations unless expressly waived herein. The Applicant shall provide a detailed stormwater management analysis demonstrating full compliance with the current DEP Stormwater Management Regulations (2008) prior to the start of construction. Soil testing perfonned by a. Massachusetts Certified Soils Evaluator within the proposed detention basin shall be performed to verify estimate seasonal high groundwater for consideration is design compliant wit DEP Stonnwater Regulations. Test results shall be included with Final Construction Plans and supporting documentation. Final Plans shall be supported by a out fill analysis being submitted prior to construction. Paje 14 of' 2 1 Wp • Final Pians shall include street lighting detail be submitted prior to construction in accordance with North Andover Subdivision Rules and Regulations. 26. The landscaping shown on the Subject Property in the final approved plan shall be maintained in perpetuity by the owner(s) of the lot(s) on which the landscaping is located. Any dead vegetation shall be removed immediately and replaced in accordance with the specifications on said plan during the life of the project by such owner(s). 27. Blasting, if any, shall be performed in accordance with regulations of the Commonwealth of Massachusetts, 527 CMR. 13.00, and in accordance with any existing written regulations for blasting of the Fire Department. 28. The Development shall be served by public sewer and water, looped into the public domain and as determined by the Department of Public Works. Sewer lines shall be extended to the intersection of Marion. Drive and Chestnut Street, allowing for connection thereto by the residents of Marion Drive, Chestnut Street and Evergreen. Drive. One (1) or more booster pumps shall be installed at the Applicant's expense, as required. Upon completion of said improvements, the Applicant shall prepare a full accounting of the costs thereof and submit same to the Board. 29. The Town of North Andover and its agents are hereby authorized to enter upon the Subject Property for the purpose of maintaining and repairing the water supply system and sewer system after the connection of the systems to the public domain. 30. The Board of Appeals hereby waives no fees associated with the Development. 31. Prior to the issuance of each certificate of occupancy for a market rate dwelling unit, the Applicant shall to provide the sum of One Thousand ($1,000.00) Dollars to the Town, pursuant to G.L. c. 44, s. 53A. or other acceptable funding mechanism, for a total of Twenty Four Thousand ($24,000.00) Dollars. Such funds shall be used for a public purpose selected by the Board. 32. It has been determined that arsenic, lead and other potential contaminants are present on the Subject Property as a result of former agricultural use and that same is governed by Section 40.0317(8)(c) of the Massachusetts Contingency Plan. The remediation and the handling of the effected soils on the Subject Property shall be supervised by a Licensed Site Professional (LSP) chosen by the Applicant and approved by the Board. A copy of all written transmittals to the DEP by the LSP shall also be filed with the Board. The LSP shall file written reports with the Board as determined by the construction management plan, at least weekly. 33. The Applicant has requested, and the Board has granted, the waivers horn local rules set forth in Exhibit A attached hereto. In the event the Applicant or the Board's consulting engineer determines, in the final design of the Project, that additional waivers are required, the Applicant shall be required to obtain such additional waivers after written request to the Board. The Board may grant such additional waivers in accordance with applicable rules and regulations. In the event of any conflict between the Plans of Record and the waivers granted as set forth in Exl ibit Page 15 of 21 C�KA A, said waivers shall control. To the extent that a waiver requested by the Applicant is granted as modified by the Board, the unmodified waiver request is denied. RECORD OF VOTE Upon a motion by Richard M. Vaillancourt, and seconded by Ellen P. McIntyre, the Zoning Board of Appeals voted 3-0 to grant a comprehensive permit subject to the above -stated terms during its June 24, 2008 meeting: Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard M. Vaillancourt, Associate Member Filed with the Town Clerk on July *008. Page 16 of 21 I 00 a ij CL,. 41 a j cam• >_� •��cr GCO,IGn;�ynvaQ aCD ooIGC%� CCLF n c'C 5O ry Oj L O C O j C a cD cD y i w c6 tD �„ d 0 m arcIZt SNI, I� a m ! � .�, nc as ; tib I CD N R' i 3 n O IR� 'v7 O ^ ani CD n C G. R' vi h fD d, � . h off-•. N •P � '^s' O .�'•• i fG � in C p7 C. "i 0 �` CD Y cc m �• m e f° P y G. a. a c' cr 0! C/,: s z o z _ r' a❑ o� i � ( 0.G �' ` M _• � � � � � �. W CD I � to dVo a�•i: r eD O O Cv `: O i CD I �•I CD I j cam• >_� •��cr GCO,IGn;�ynvaQ aCD ooIGC%� CCLF n c'C 5O ry Oj L O C O j C a cD cD y i w c6 tD �„ d 0 m arcIZt SNI, I� a m ! � .�, nc as ; tib I CD N R' i 3 n O IR� 'v7 O ^ ani CD n C G. R' vi h fD d, � . h off-•. N •P � '^s' O .�'•• i fG � in C p7 C. "i 0 �` CD Y cc m �• m e f° P y G. a. a c' cr 0! f D I as 1 w y �'. r' a❑ o� i � ( 0.G �' ` M _• � � � � � �. W CD I � to j cam• >_� •��cr GCO,IGn;�ynvaQ aCD ooIGC%� CCLF n c'C 5O ry Oj L O C O j C a cD cD y i w c6 tD �„ d 0 m arcIZt SNI, I� a m ! � .�, nc as ; tib I CD N R' i 3 n O IR� 'v7 O ^ ani CD n C G. R' vi h fD d, � . h off-•. N •P � '^s' O .�'•• i fG � in C p7 C. "i 0 �` CD Y cc eA C) =r rD CD w < 0 a. cr n �5. Z 0 Ucr (D rD T7- Q� d!� � .�! V i O!C 0 CN ►�' I cn w i rt 0 W kCA AA I I � j � 1'E rot �i TPPi CD CD 4rD CD (D CL �L CL Lh ol C\ tQ C) =r rD CD w < 0 a. cr n �5. Z 0 Ucr (D rD JOHNSON Mark B. Johnson (MA, NH, DC) BORENSTEINUC Donald F. Borenstein (MA, ME, NH) ATTORNEYS AT LAW Kristine M. Sheehy (MA) Denise A. Brogna (MA, CA, NH) 12 Chestnut Street Kathryn M. Morin (MA, NH, ME) Andover, MA 01810-3706 Lorri Gill Covitz (MA) Tel: 978-475-4488 Leslie C. Carey (MA, RI) Fax: 978-475-6703 Michael A. Klass (MA, NH) www.jbllclaw.com don @ jbllclaw. com Paraleeals Karen L. Bussell Danielle R. Corey Melanie J. O'Connell Lianne Patenaude August 23, 2011 North Andover Zoning Board ATTN: Angela Ciofolo 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 Re: Applicant: Orchard Village LLC Property: 1001 and L-2 Turnpike Street Original Filing Date:. February 28, 2007 Decision Date: June 24, 2008 (filed with Town Clerk on 7/2/08) Amended Decision Date: December 9, 2008 Dear Ms. Ciofolo: Enclosed please find a recorded copy of the Form J Lot Release Form for release of 7 additional building lots (Lots 7, 9, 11, 12, 16, 20 & 26), and the water pump station lot (Lot 33) with regard to the above -referenced matter. Very truly yours, JOHNSON & BORENSTEIN, LLC 6�� Donald F. Borenstein DFB/mbf Enclosure Cc: Orchard Village, LLC 10 01-1-A 27 Esseic"6�oe�` Lai Court RegiStra FORM J LOT RELEASE FORM The undersigned being a majority of the Zoning Board of Appeals of the Town of North Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify that the requirements for work on the ground called for by the Comprehensive Permit dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book 11427, Page 192, as affected by an Amendment to Comprehensive Permit dated December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009, and filed with the Land Registration Office of the Land Court as Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the Board, in the form of a letter of credit, has been posted by the developer with the Board pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the restrictions as to sale and building specified thereon and released from the Form I Covenant dated August 13, 2009, registered as document number 99463 and as document number 99465. Lots designated on said Definitive Subdivision Plan and released hereby are as follows: Lot 7, Lot 9, Lot 11, Lot 12, Lot 16, Lot 20, Lot 26, and Lot 33 AW (194 Town of North Andover Uuv, IK .i. uto Crc)oJ of Land CoUrt Dbcuinent tirii{cats .11oo{t.. , M ority Of Zoning Board of Appeals 'he YCLi41JF• COMMONWEALTH OF MASSACHUSETTS Essex County, ss: U ' , 2011 Then personally appeared" who proved to me through satisfactory evidence of identificat' n, which was photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, ❑ personal knowledge of the undersigned, the above-named member of the Zoning Board of Appeals of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c.40B, §§ 21-23, before me, DANIELLE -M. REED Notary Public: Notary H O MokS M Commission Expires: COMMONWEALTH OF MA$SACHU Y p My Commission Expires Ulf May 30.2014