The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - Exception (581)0 e 0 o � 1-0 v Cn N N - Ul NJ\E r D� C�� Town of North Andover a� NORrN Office of the Zoning Board of Appeals 0 Community Development and Services Division i ey 27 Charles Street North Andover, Massachusetts 01845 c►+US�� y D. Robert Nicetta Building Commissioner North Andover Zoning Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 There will be Special Public Hearing meetings on Tuesdays, the 15th, 22nd, and 29th of October, 2002 at 7:30 p.m. in the Senior Center, 120R Main Street, North Andover regarding Valley Realty Development, LLC's request for a Comprehensive Permit at 2357 Turnpike Street (Meadows Condominiums). Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 C-. c.uujc 1 • Jttrh1f9 VHk; NO.234 P. tz 1S. The location of snow disposal areas has not been identified on the site plan. The Applicant . should show the location of proposed snow storage areas and refer to the Snow Disposal Guidelines issued by DEP for snow disposal location requirements. Ideal snow storage locations are away from wetland areas. EJAMRONMENTAL REVIEW This review is provided for the Comprehensive Permit Application submitted by Valley Realty Development, LLC, for The Meadows Condominiums in North Andover. No field visit to verify wetland boundaries is included in this review. VBB assumes that grading pians and larger scale plans will be submitted at a later date, and note that our review map suggest items .that would be included in later designs. We also note that the North Andover Conservation Conwdssion requires 40 scale plans for its review during the, Wetlands protection Act permitting process_ The Applicant is proposing a 270 -unit development on a 47 -acre parcel located at 2537 Turapsice Street: The Applicant has flagged wetlands in the project area and appears to have sited the project outside of wetland resource areas, and in most cases sited structures outside the 25-1oot No Mturb Zoon. However, the. pro*t Will require approval from the Wetlands Protection Act for work wiffim the 100 -foot buffer zoite to wetland resource areas. Without further information, we cannot comment on compliance with the WPA. VHB assumes that the Applicant is also aware.titat the project will need to conform to the Stormwater Management policy (SNIP) From the Site M2inago plata, dwre appears to be three direst dil edwges to adjacent wetlands. Under the SMP for new development new discharges- can be permitted only for nmoff that has been treated to remove 80 pence of tate Total Suspended Solids. It appears that roof runoff has been tied into the site systettt. int accoidatwe with the SW,- MW ra not figs ccrosi d=",cl W- and-dwiddbe*dutrawt diafi* system. ftft TRAE1tIC REWIE VHB Inas performed a professional and independent tied ical review of the Tic and Access study — Proposed ReddenfW DPmkMient Project (The Meadows) prepared by Demnat J -ZeB}r Associates. % (DM for a 270 -unit apartment emnmunity to be located along Route 114 in North Andover. The praposed developpnertf is being.propoGed under tate Conwtoneyvealth of ic�tassxcitvsett �c rtprehWMea?emits Lars ( pt r 40B), w►hicic g s the a of affcmdable g "m'tg16C91Y Wanted penut&7I1elaw MableS-{3ta.ofA�„r.,sa1.,. CAA), incort5 t ticar.tNre$t odle lit�l dPd bOAZ& and p� t4 g .ap 1' who"� Pig side or f� ` ' #o:a deeekspekp er F moored lose or sr►odetate te_Aau . lU developer may appeal a denial decision by the ZBA to the Cont MweaWs Housing Appeals Cwwda.e. 1-Z�rrM vrtts NEi.234 P. I I and/or the analysis does not support a specific recommendation, additional information is requested; Finally, VHB offers findings and suggestions to the ZBA as the process moves forward_ These specifically focus on other issues not noted in the technical submissions for the project. In general, the traffic report has been prepared in a professional manner generally consistent with iranspertation industry standards. However, from a transportation perspective, the impact analysis has five main areas of concern: • The existing traffic volumes were not adjusted to reflect average conditions; ■ Trip distribution/assignment of site related traffic isnot specified in detail and assigns site generated traffic to existing travel patterns, which may not take into consideration the layout of the buildings and parking areas for the "Upper" and q ower Meadows" that may impact each driveway differently than what was analyzed; • Accident data was not obtained or reviewed in the traffic report; ■ Existing sight distance nwAsurenimb were not reported only measured distances with recoi3rimzectdedlmprovements; and • gynchro analysis for the study area intersections assume aperatiow conditions that are not specified in report. The fdHowing provides specific coa=mmts on the traffic study and provides traffic coaummt:s on the site plan stibmtftd along with the study. �� Traffic �ttpatt rad A,cceas In term -4 ifte studyhWbeeri prepared t6 indusbrg standards us!rig uiformatiott and me� suitable for atrdffrc *pact and access study, !!OwcvuktsevmdkLqgrd*r.,&&mmfionmd condusiew preseued in the repoatt ase riot ve4fi&Ie given $te fi fot&uW let provided lit the Appticibc section of the deport When specifically noted, additional i r&rmahm has been requested' to verify statements made in t3ie report Intro�ctioa The descrip#im of *t, -study area and -methodol ftrwere presertted in a standard >ii.'Mer and are amrrat : Rowever, k should be rioted tit die ttaffic report was prepared nssng.,V&m uis and not the 270 -units speeded in i e plans prepared by CSD Assodates- it Sw nw d%ai tine dWicipmet<tt size array have been vpdaW but 6w. traffic study was nck This WP g iiM dice will be discussed—In— lite trip gmerai on secti+ort to this mum. 2002 1:157PM VHB P40. 2_34 P _ , EyrstrrFg Tra frc Volumes — The study notes that traffic volumes were collected during the month of February 2002, however, these volumes were not adjusted to reflect average month conditions based on seasonal usaffic volume inforrnation. It appears that the average conditions for this area could generate as much as 11 percent more traffic than the month of February. This information was based on data published by MassMghway at permanent count station 502 located on Route 114 in North Andover. This increase in traffic could have an impact on the level of service analysis prepared for the study area intersections. Automatic traffic recorder data collected, yvhen compared to Mass4ghway data for Route 114, does seem reasonable. Vehicle Sig&- Speed measurements were collected by the "floating car method" and are an acceptable method of determining vehicle speeds along a roadway However, thismethod does have a small sample size and pression is difficult to obtain Vehicles speeds should have been collected with the automated traffic recorder when daily traffic volumes were recorded. Mofor_V_eh le Crashes —There is no indication that accident data for this area was collected or discussed. While this appeals to be a low accident locatioal, according to Masdaghway data, vehicle accident records should be reviewed. through the town to determine the amount of accidents in this area and the cause of each. With the addition of the developnw tanOrrth driveway, Sharpner's Pond Road will change from a T intersectian to a 4 -way intersection increasing the amount of turning movements thus increasing the risk for vehicle accidents. Public .Trm�stxrriaiion: Seraiees — There is nomention of public transportation along chis roadway and it is assumed ti►at there will be no bras stops to this residential development. In addition„ this study does not nnengm any, sidewalks present along Route 214 nor does it pro" sidewalk along the front of *ds development. However, it appears that this arca of Route 214 is mostly residential use and with the addition of this 270 -unit developmunt a sidewalk in front of tins Suysx"y _The analysis- of -tI* adstirig conditions as pteseMed in the Traffic bapect and Access Study appears tube reasonable and foDaws general industry gwdeiines for the preparation of a traffic impact study Addiiiond information on the following wild be helpful in evaluating the potential hopacts of the project on the surrounding street network Adjustment of traffic volumes to reflect average conditions • gash data statistics along the Rohe Ito corridor 500 feet to the north and south of flus site Futu= Condi tiros In the study methodology section, it is noted that the proponent contacted the Planning Office for the Tawn of Worth Andover, however, Route 114 is considered state highway and there is no andieetimn _ci�.f t� ponant eczzte�g.tlre sacinssetts F�ght+va�rt � the - - a AGOL _IWb 1:\0571658\doB\teporte\blCadeW9 temp petmilBeview 9�iOd2-wrlangd« 2.2002 1:58PM VHB P40. 234 P. Bacl:�zondzmtA — The analysis includes three specific potential projects in the vidnity of the proposed development and characterizes them asprojects that will add new traffic m the vicinity of the project site. The study notes that these three specific developments (totaling 79 residential condominiums, 95 single-family homes, and K700 square feet of retail) would be occupied within the 5 -year project horizon. For this reason, the new vehicular traffic associated with each of these projects was assigned to the local roadway system and considered as 'backgrouIInd'. traffic growth. The vehicular traffic estimate for each of these projects was obtained from the Planning Office for the Town of North Andover. However, there is no mention of traffic studies performed as part of the permitting process for each specific development or -if the proponent determined this data using standard M trip generation estimates. Therefore a trip generation table mid tuffic network should be prepared and included in this study huhcafi ng the amount of trips generated by each development making note where the data was obtained to quantify this background traffic. In addition, a background growth rate of 1.0 percent was used to account for general background' growth and to account for projects not currentlyproposed thatmnghtbe constructed in the near future. This was dome to further lughhght the fact that the analysis presextted in the report is 'conservative'. Trip Generation — VM verified the traffic generation used iii the traffic study and fords that the method used, regression analysis, is a reasonable method to develop traffic generation. However, an argument could be made fltat.the average rate method could also be used, in whirl► case increases traffic by 10 vehicles during the mowing and evening peak hours for 294-umts. However, since this development has changed from 294 to TD-trrits the average ratemethod for 270 -units generato the exact same amount of trips, dwmg tate peak hours oantlr, as the reVrft9io e method for 294-vauts. Therefore, this report generates a reasonable atkd accurate amount of traffic for ZM-unlits'durf m thepea k hours and is riot considered tube a coots erMd" anatys The da t?y traffic.volumes gernerated=by this bitez using the higher average rate method for VNmtts wauld geoerate a #proxi>bat ly :1&2 -rain than the I"pzolec d in titin , the daily. This site couldbe expected to ger maw appioxintately 1,582 new daffy t Vsi 12t1 rtnon=g peak hour v9deubwUips and 150 evening peaik hour vehinilar tip& a r�tutirl�€b'be developed $ thea i c can: Sunk — The analysis of the future conditions as presmted in tha. Traffic Impact and Act Additional intfomation on the fo%wmg would be helpful m evaluating the potential impacts of the project on the surrounding street network oT:\0671656\dacs\rexm\Modows comp peanitBevlew 9.30.D24+ridng.doc 2002 .1=SBPM vHs NO. 234 P Develop a traffic network and table illustrating the background traffic used for this study Evaluate trip distribution of traffic to/from the site driveways using journey to work data and assigning traffic to/from the "Upper Meadow" and 'Tower Meadow" to appropriate drives. Metes hod�adoguv - The traffic study used the appropriate analysis software and methods to analyze the intersections and roadways within the study area. The analysis is based on the most recent version of the Highway Capacity Manual and the software selected (Synchro) is an approved and widely recognized analysis tool for traffic operations analysis. Results - The following is a sununary of the results, VB B's observations, and discussion on the mitigation planned by the Applicant for specific locations. Route 114 at the Proposed North Site Drive and Sharers Pond Road - According to the analysis presented in the traffic study, the westbound Sharpnees Road approach operates at Level of Service (IAS) D during the morning and LOS C during the evening peak conum4w hours. Future analysis conditions show that the level of service will worsen to a LOS 'E for`the 2007 No -Build condition and LOS F for the 2007 Build condition. For the evening peak hoar this approach will operate at a LOS D for the 2007 No -Build condition and LOS P for the 2007 Build condition. Synchrp analysis was performed with the wesftund approach having enough room to store one vehicle rnaldrtg a right turn and thus shnulm tga twoalane analysis Trois would willow tight turners; enough room to pass to the right and separate from leftLtumers. Since these assumptions were not mentioned in the report traffic conditions an ibis approach should be observed to ensure these candifiens are occurring if this is not the rage the Level of ser rim attaiysed nt utas report woxsld ;eotbe=aoctie a�td rct�ndm't be ziiitht w lhesa - nw�ei i cn the ptoposed north she driveway. Bods sides of die stems appear. to► dalrr otte purpose lane for all ftM ft VVMkMI$, however,. the throat of the road 9a3es out to a much widerwidth. As long as vehicle queues are not extensive and blocking the shoot right turn lane this analysis is considered acceptable. The Applicant has committed -that Shm pad's Pond Road be widened to =wmmodate'tm 12-fwt wide approach lanes fnt' a dismme of 100 feet from Route 114". With the addition of this lane traffic operations kr this approach would improve, however, with the ad+diom of this lane more conducts will exist at the intersection withnuin licue traffic :aond traffic odlingt1w naatth site driveway; which_ maycause .n r+e acedit & 110wicM, itisse000 02% -gist w� theaddition of thesetwo taw driveways a gap study be conducted. Afieldoaf the nw nlaes and duration of gaps should be conducted`during the peak fours. This data would help de6erafne if in fact there are enough gaps and of the appropriate duration for vehicles to each this developnent. Rome 114�at.t�.osPdSttuih>gfte Ike and fastrn�T 2�tt.� �e=mss aci�i�ta: tie sante _ _ _ - movements for this drive were oat cued and were estinna#ed in the traffic report. Sho Wd these nwr be* be-acc:ua ate the level -of service oTec"d for His eppraach will continue to operate at a LOS C or better for all conditions analyzed. r.\D671658\dnes\.epans\McW wscomppermItrWlew9_OQZ-WI$ V.dM -11 JJI 1 i vnD fIv. e:=;4 r: 10 rhe eastbound site driveway approach is expected to operate at a LOS D during the weekday nortling conditions and at a LOS C during the weekday evening condition. The gap study iiscussed above would help in determining if in fact there are enough gaps that are long enough or traffic to exit the site safely_ The proponent has conunitted to having two lanes for egrets, vhich will help elevate traffic congestion and maintain queues on site. istance Analvsis The traffic study used the appropriate guidelines for determine adequate sight distance for the observed apd posted speed limits. However, it does not indicate the actual sight distance rneasuremenis in the field but the measurements based on futdre clearing of roadside vegetation and topographic ground elevations. Sight lines need to be maintained during constrniction as well as when the development has been completed. The proposed sight lines seem to be attainable for the proposed south site driveway, however, with the north driveway being so close to the abutting property, to the north, sight distance looking north may be more difficult to attain. This depends an how far back from the edge of pavement vegetation needs to be cleared and on the locatiort of property lines. Parking Analysis The report does not provide a discussion of area pariang issues. In addition the total number of parking illustrated on, did site plan is 784 with a parking ratio of 2.9 parking spaces per unit, on site. This seems to be incorrect and the actual number of spaces is 662 with a ratio of 245. VHS reviewed industry standards as well as other developments of this type and has found that, in geri=4 a parkin$ ratio of between 1.80 and Z W is the current industry standard for comparable sites. With this high of a ratio the Applicant is well above thisrange. Cmnclusi ns and Reconmemdatimns The Applicanthas made.a eoarumitment to providing on and off-site Wadway usfrao picture iunprovements. IYn addition, the Applicant has also committed the of n of intersection advanced waning signs. VHB has requested addit orW informatwn (discussed in detail in the previous section) including: 9 �hT:\0671658\d=\rcports\W-zd scomp pmrtieReview,"MZ-wrkirgdee Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Post -its Fax Note 7671 Date 10--q-0T—Wpages To HN2 e From Co./Dept. D ., Co. Phone # q7 0 --,W- 7 Phone # 97% _ (O — i5 Fax # 9 _ q-70 ._ Fax # 9 � TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 I Date Telephone (978) 688-9541 Fax(978)688-9542 10 '13.02, - Please 13 02, - Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET: TOWN: �V) 2`t o!& . MEETING DATE(S):() 66 6jp� ( Op NAME OF PE' Signed: WAIVER 44ff X/ /-� �c w C- T re" CD CJ CD w r BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover o� NaRTy Office of the Zoning Board of Appeals <•�e° a Community Development and Services Division 9 x > ~ ~ y 27 Charles Street '11,9 °�eseo ♦�~.F' North Andover, Massachusetts 01845 Ssac►+usE% D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: �1t7m-P-r/1lc., V i ( 2iYo( V1 D1lOX, Sal FAX NUMBER: 117 g j 0 r Telephone (978) 688-9541 Fax (978) 688-9542 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 r� DATE: I 0 - Cl - 0 ) vt e- t u� SUBJ ECT: M . 1,e c, -a7 . ''II oivxd tiVkirOdu(.� I'D In �e�1Q��-1-0�- NUMBER OF PAGES: REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification 89784701759 1.2.0 Z.8 Result Pages Type OK 04 Sent Fax Log Report Oct -09-02 11:24 AM Date Time Duration Diagnostic Oct -09 11:21A 00:02:39 002081430020 HP OfficeJet Personal Printer/Fax/Copier Fax Log Report Oct -09-02 01:08 PM Last Fax Identification Result Pages Tyne Date Time Duration Diagnostic 89784702690 OK 01 Sent Oct -09 01:07P 00:00:25 002582030022 1.2.0 2.8 Town of North Andover Office of the Zoning Board of Appeals F y - . p Community Development and Services Division 27 Charles Street �R4TE0 t�`� North Andover, Massachusetts 01845 9SsacHuS�� D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 October 10, 2002 Domenic S. Terranova, Esq. 166 North Main Street Andover, Massachusetts 01810-0013 Dear Attorney Terranova; The Zoning Board of Appeals received your July 9, 2002 letter stating that Mr. Joseph DiGrazia has a drainage problem due to a blocked culvert that crosses Turnpike Street. We feel that the following organizations would be better equipped to address Mr. DiGrazia's problem. The Division of Public Works is the North Andover town department that deals with Street openings (driveway cuts), water lines, sewer lines, and resurfacing town roads. The Commonwealth of Massachusetts Highway Department is responsible for Route 114. Thank you for your interest. Very truly yours, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA files Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 .. I Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner October 10, 2002 Domenic S. Terranova, Esq. 166 North Main Street Andover, Massachusetts 01810-0013 Dear Attorney Terranova; Telephone (978) 688-9541 Fax (978) 688-9542 The Zoning Board of Appeals received your July 9, 2002 letter stating that Mr. Joseph DiGrazia has a drainage problem due to a blocked culvert that crosses Turnpike Street. We feel that the following organizations would be better equipped to address Mr. DiGrazia's problem. The Division of Public Works is the North Andover town department that deals with Street openings (driveway cuts), water lines, sewer lines, and resurfacing town roads. The Commonwealth of Massachusetts Highway Department is responsible for Route 114. Thank you for your interest. Very truly yours, ) IN � (IM C William J. Sullivan, qairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA files Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 October 10, 2002 Domenic S. Terranova, Esq. 166 North Main Street Andover, Massachusetts 01810-0013 Dear Attorney Terranova; The Zoning Board of Appeals received your July 9, 2002 letter stating that Mr. Joseph DiGrazia has a drainage problem due to a blocked culvert that crosses Turnpike Street. We feel that the following organizations would be better equipped to address Mr. DiGrazia's problem. The Division of Public Works is the North Andover town department that deals with Street openings (driveway cuts), water lines, sewer lines, and resurfacing town roads. The Commonwealth of Massachusetts Highway Department is responsible for Route +2-5y. Thank you for your interest. Very truly yours, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA files DOMENIC S. TERRANOVA ATTORNEY -AT- LAW 166 NORTH MAIN STREET P.O. BOX 778 ANDOVER, MASSACHUSETTS 01810-0013 TEL (978) 470-1770 FAX (978) 470-1759 9 July 2002 By FAX and regular mail Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Re: The Meadows Project Turnpike Street Dear Board Members: I represent Joseph DiGrazia, Trustee of NOMID TRUST, who owns property at 2350 Turnpike Street, North Andover. Mr. DiGrazia is an abutter to the above -captioned project. Mr. DiGrazia's property is adversely affected by a drainage problem caused by the blockage of a culvert that crosses Turnpike Street near STA 261 + 85 on the baseline of that highway layout. At some time in the past, someone filled the land on the westerly end of the culvert and thereby blocked the flow of rainwater from Mr. DiGrazia's property to the site where the Meadows Project is shown on the developer's plan - Sheet C-2.1. My client respectfully requests that the culvert be cleared and that the flow of water be restored to allow drainage from his property. Thank you for your attention to this request. er truly yours,,, '1 Domenic S. Terranova DST: so cc: Joseph DiGrazia i JUL 1 0 2001 U BO%HD OFAPPEALS Town of North Andover o� �aR7y ss�eo .6 Office of the Zoning Board of Appeals or °° '°' Community Development and Services Division+29 A. 27 Charles Street* ° A North Andover, Massachusetts 01845 �9Ssgcmus% D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: LTe FAX NUMBER: cl 7 V 10 - 9, 6 9 0 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 10- ) I - 0 SUBJECT: +ke- Vlame , McGJDy)S NUMBER OF PAGES: a - REMARKS: Telephone (978) 688-9541 Fax (978) 688-9542 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification 89784702690 1.2.0 2.8 Fax Log Report Oct -11-02 04:04 PM Result Pages Tvne Date Time Duration Diagnostic OK 02 Sent Oct -11 04: OOP 00:00:37 002582030022 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner October 11, 2002 To: Gerry -Lynn Darcy, Project Manager From: William J. Sullivan, Chairman North Andover Zoning Board of Appeals Re: The Meadows Telephone (978) 688-9541 Fax (978) 688-9542 I am forwarding the following memo in case the Fire Department did not contact Northpoint Realty Development: -----Original Message ----- From: Griffin, Heidi Sent: Thursday, October 10, 2002 11:29 AM To: Glennon, Michel Cc: Dolan, Chief William; Nicetta, Robert Subject: The Meadows Hi Mitch: Since Bob is at a seminar for a few days, I thought I'd send this email to you to pass along to the Zoning Board. Can you please make sure that the Zoning Board is aware that the Fire Department has requested the applicant to change the name of the proposed project to something else other than "The Meadows". The name makes it difficult for public safety purposes due to the fact there are several other streets, and one other development in town, with similar names. Thanks I -f eic�%Gr�f�,w Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 -----Original Message ----- From: Griffin, Heidi Sent: Thursday, October 10, 2002 11:29 AM To: Glennon, Michel Cc: Dolan, Chief William; Nicetta, Robert Subject: The Meadows Hi Mitch: Since Bob is at a seminar for a few days, I thought I'd send this email to you to pass along to the Zoning Board. Can you please make sure that the Zoning Board is aware that the Fire Department has requested the applicant to change the name of the proposed project to something else other than "The Meadows". The name makes it difficult for public safety purposes due to the fact there are several other streets, and one other development in town, with similar names. . Thanks He,6d&Gr Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax rec-1 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: PSgt4 S-z�11Qn 5 jKI FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 10— /1-0a SUBJECT:y, do W u, iV% 00YA Ao�oue r r c. oo �< Telephone (978) 688-9541 Fax (978) 688-9542 NUMBER OF PAGES: REMARKS: 1ro vi ) `l 5qv�� i h 'f�vv� ��l/ p✓► i�� T Dw nA h' vy► !v Oki P a 5e- go ,,) CrP 5i 64 e em l 01d (!�reey) g604f 4(1 oherS ov, P -C' Oe5 -�- � 5 , Th,'5 ill �Orm vvP �k- CIL rfrl Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 1 f1� 0 �S North Andover Public Schools (j School Year 2000-2001 Royal Crest Village Green Heritage Green Grade Students Students Students /- K 8 1 7 1 7 1 4 _ 2 8 1 9 3 4 4 13 4 3 1 6 5 8 2 10 6 4 3 10 7 4 4 12 8 5 3 8 9 5 5 12 10 6 4 5 11 6 4 5 12 14 5 8 TOTAL 82 38 109 TTn L /,j comp F y, Reiffi LS comae �pN 6 OCT 1 1 Z002 BOARD OF APPEALS 6 APARTMENTS NAME ROYAL CREST ESTATES OWNER T.J. FLATLEY CO. LOCATION TURNPIKE STREET ACREAGE 76 BUILDINGS 49 UNITS 588 UNITS PER BUILDING 12 OVERALL DENSITY 7.7 ................................... ■ ............................. ■ 1 4,4 CO-OP UNITS NAME WOODRIDGE HOMES OF N.A. LOCATION WAVERLEY ROAD ACREAGE 31.7 AC BUILDINGS 23 UNITS 230 UNITS PER BUILDING OVERALL DENSITY 7.3 ■.■a■aaa0aaaaaa.aaaaaa0aaa.aa0aaa0mas■aa-■a.aa..a a■ a a. a a.. a a a. a a aai NAME ANDREW CIRCLE LOCATION OFF ANDOVER STREET -ACREAGE _ 6.4 AC BUILDINGS UNITS 31 , UNITS PER BUILDING OVERALL DENSITY 4.8 LAND WITH EACH UNIT ................................................................. a 0 1 NAME ALCOTT VILLAGE LOCATION ALCOTT WAY OFF TURNPIKE ACREAGE 8.3 AC BUILDINGS 7 ~' y UNITS 39 UNITS PER BUILDING OVERALL DENSITY 4.6 - NAME SUTTON POND LOCATION ACREAGE 6.75 BUILDINGS 5 UNITS dir UMTS PER BUILDING OVERALL DENSITY APARTMENTS NAME NASSAR 90 — OWNER BESTWAY REALTY TRUST LOCATION SUTTON STREET #90 ACREAGE % AC BUILDINGS 1 UNITS 30 (RES) 3 (COM OFF) UNITS PER BUILDING 33 OVERALL DENSITY 60 .............................. a a m a 0. 0 0 2 0 2 0 a a 0 a a a. a. a.■ a a 0. a a m NAME GRAY ROCK LOCATION jCHESTNUT ST ACREAGE 4.166 AC BUILDINGS 2 UNITS 13 UNITS PER BUILDING 7 FRONT 6 REAR OVERALL DENSITY 3.1 ■aaa■aaa■■a■■a■■■aaaaa■■aa■■■■■■■■aaa■ a a a a■■ a a a a a a a a a a a a a 0 a a a a■ai NAME MILL POND _ LOCATION PLEASANT ST ACREAGE 15.5 AC BUILDING UNITS 120 UNITS PER BUILDING OVERALL DENSITY 7.7 LAND WITH.EACH UNIT .......■■.■■..■■■.■.■.■.■■..■..■■■■.jaa■■■■....■■■a■■■■■■■■■mass ■■■■■■■■l NAME BROOKSIDE LOCATION E WATER ST & CHICKERING RD ACREAGE 7.14 AC (4.54 AC OPEN SPACE) BUILDINGS UNITS 29 UNITS PER BUILDING OVERALL DENSITY 4.6 LAND WITH EACH UNIT a■■■■■■■■■■a■■0aa■aa■■a■■a■■aa■a■a■■■■a■a■aaaa■■aaa■.■a■a aa■■aa■0aaI NAME PRESCOTT VILLAGE LOCATION PRESCOTT STREET ACREAGE 3.04 AC BUILDINGS UNITS 25 UNITS PER BUILDING OVERALL DENSITY 8.2 LAND WITH EACH UNIT a0■■■a0a0aaa0■■0■a■a0a0a000a0aa020■a5a■a0■■0■a0■a■■2■a00 a a a a a a 0a001 NAME THE COLONADE LOCATION BRADFORD STREET ACREAGE 2AC BUILDINGS 1 UNITS 18 UNITS PER BUILDING OVERALL DENSITY 9 5 TOWN OF NORTH ANDOVER APARTMENT AND CONDOMINIUM SURVEY CONDOMINIUNS NAME HERITAGE GREEN LOCATION CHICKERING ROAD ACREAGE' 36.22 AC BUILDINGS 37 UNITS 438 UNITS PER BUILDING 36 BUILDINGS W/12 UNITS 1 11W/6 UNITS ■ ■ ■ ■ ■ ■ ■ ■ ... OVERALL DENSITY ........:..... 12.09,UNITS PER ACRE , ■ ■ , , , ■ , , , , , NAME STURBRIDGE ARMS LOCATION MAIN ST ACREAGE .08 AC BUILDINGS 2 UNITS 19 UNITS PER BUILDING 1 BUILDING W/11 UNITS 1 W/8 UNITS ■■■■■■■■■■■■O VERALLDENSITY,,,,,,,■22.5,UNITSPERACRE„■,,,,,,,,,, NAME MEADOWVIEW CONDOMWUMS. LOCATION' OFF CHICKERING ROAD -WALKER RD ACREAGE 16.06 AC BUILDINGS 14 UNITS 168_ UNITS PER BUILDING 12 OVERALL DENSITY 10.46 . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Y ■ ■ ■ ■ ■ ■ ■ ■ 1 NAME VILLAGE GREEN LOCATION CHICKERING RD ACREAGE 12.04 AC. BUILDINGS 16 UNITS 127 UNIT PER BUILDING 14 BUILDINGS W/8 UNITS 1 BUILDING W/6 UNITS 1 BUILDING W/9 UNITS OVERALL DENSITY 10.2 NAME LOCATION ACREAGE BUILDINGS _ UNITS UNITS PER BUILDING VILLAGE GREEN (WEST) CHICKERING ROAD 7.9 AC 10 74 7 BUILDINGS W/8 UNITS 3 BUILDINGS W/6 UNITS OVERALL DENSITY 9.03 ...... ■ ■ ■ ■ ■ ■ ■ ■ ■ .. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 NC�C�C�OMC� OCT 1 1 2002 BOARD OF APPEALS � HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification Result Pages Tvne 89787940231 OK 06 Sent 1.2.0 2.8 Fax Log Report Oct -11-02 02:43 PM Date Time Duration Diagnostic Oct -11 02:41P 00:02:09 002582030022 -----Original Message ----- From: Griffin, Heidi Sent: Thursday, October 10, 2002 11:29 AM To: Glennon, Michel Cc: Dolan, Chief William; Nicetta, Robert Subject: The Meadows Hi Mitch: Since Bob is at a seminar for a few days, I thought I'd send this email to you to pass along to the Zoning Board. Can you please make sure that the Zoning Board is aware that the Fire Department has requested the applicant to change the name of the proposed project to something else other than "The Meadows". The name makes it difficult for public safety purposes due to the fact there are several other streets, and one other development in town, with similar names. Thanks H�(�r4 fi.-v Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax NORTHPOINT REALTY DEVELOPMEj M SOUTHPOII iT Northpoint Realty Development P.O. Box 907 North Andover, MA 01845 (978) 327-6540 Date: October 14, 2003 To: North Andover Zoning Board of Appeals Robert Nicetta, Code Enforcement Officer From: Gerry -Lynn Darcy Valley Realty Development, LLC Re: Oakridge Village and Maplewood Reserve Final Approval under Decision *2002-31 cc: Thomas Laudani, Robert Levy Southpoint Realty Development 1020 Miramar Drive Delray Beach, FL 33483 (561) 272-9958 In an effort to finalize the remaining open item as it relates to our Decision on Comprehensive Permit dated January 14, 2003, and to expedite our ability to obtain a building permit, I have been requested to attach the Performance Guarantee and Letter of Credit for the project as referenced above for final sign off by the North Andover Zoning Board of Appeals. This document must be approved for its' format and content. The actual amount to be secured by this document will not be inserted until such date that VHB (or other Town Consultant) has assigned specific values to the corresponding improvements as they relate to said Performance Guarantee and Letter of Credit. Additionally, the content of this Performance Guarantee and Letter of Credit is subject to future modifications, by the Developer, only upon approval by the majority of the Members of the North Andover Zoning Board of Appeals. Furthermore, it is the Board's intention to appoint the Building Commissioner/Code Enforcement Officer as its' authorized agent to issue approval of the amount to be secured by said Performance Guarantee and Letter of Credit based on the schedule of values as provided by the Town's Consultant for the proposed improvements. In addition to the above, the Building Commissioner/ Code Enforcement Officer is also responsible for approving the executed regulatory agreement form, and affirmative action plan prior to the issuance of a foundation permit for any building to be erected within the Project. Approved on October 14, 2003: Date Date Date Date PERFORMANCE GUARANTY AND LETTER OF CREDIT AGREEMENT THIS AGREEMENT (the "Agreement") effective as of Date, by and between the Town of North Andover Zoning Board of Appeals (the "ZBA"), with an address at 27 Charles Street, North Andover, MA 01845, and Valley Realty Development, LLC ("Developer"), having an address of 231 Sutton Street, Suite 2F, North Andover, MA 01845. WITNESSETH: WHEREAS, Developer is the owner of certain property known as Oakridge Village and Maplewood Reserve located at 2357 Turnpike Street, North Andover, Massachusetts and being more particularly described in Exhibit A attached hereto (the "Property"); WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant to M.G.L. c. 40B, §20 et. seq., dated January 14, 2003 (the "Permit") for the construction of a 270 unit residential condominium (the "Protect"); WHEREAS, the Developer did not appeal the Permit or the conditions therein and therefore all rights for such appeal by the Developer are hereby waived by the Developer; WHEREAS, the ZBA has required as a condition of the Permit that the Developer provide security for the completion of certain improvements to the Property (the "Improvements") set forth in the letter of Vanasse Hangen Brustlin, Inc. ("VHB") to Mr. Robert Nicetta, dated , a copy of which is attached hereto as Exhibit B (the "VHB Letter"); WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of Credit in lieu of a surety bond as stated in specific condition 27 in the "Permit", to cover the cost associated with the improvements as set forth in said condition, inclusive of water and sewer improvements; and WHEREAS, the Developer has agreed to guarantee the construction of the Improvements and to provide the required security in the form of a Letter of Credit, which Letter of Credit will be governed by the terms and conditions hereof. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: 1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of Credit No in the amount of ( the "Stated Amount") in favor of the ZBA issued by (the "Bank") and dated (the "Letter of Credit") with an expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA (K0247031.5) shall hold the Letter of Credit, subject to the terms and conditions of this Agreement. 2. Release of the Letter of Credit. The parties acknowledge that the Improvements to be completed and the estimated costs associated therewith are contained in the VHB Letter. The Letter of Credit shall be released or partially released, as the case may be, upon completion or partial completion of the Improvements. Accordingly, upon the certification to the ZBA, from time to time, by VHB or such other consultant approved by the ZBA (the "ZBA Consultant") certifying the Improvements that have been completed and the corresponding dollar value ascribed to such Improvements in the VHB Letter (the "Consultant's Certificate"), the Letter of Credit shall be reduced by such amount. The ZBA shall cooperate with the Developer and (Bank) in facilitating the reduction of the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the Building Commissioner for the Town of North Andover, or his designee, shall promptly execute and deliver to the Developer, for delivery to the Bank, a written direction that the Stated Amount in the Letter of Credit be reduced by the amount contained in the Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D. Upon certification by the ZBA Consultant that all the Improvements have been completed, the Letter of Credit shall be returned to Developer and terminated and the Building Commissioner shall so instruct the Bank. The Developer shall pay forthwith, upon written demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic certification, from time to time, by the ZBA Consultant. Notwithstanding the foregoing, upon failure of the Developer to pay such costs and expenses, the ZBA may, ten (10) days after written demand to the Developer therefore, draw upon the Letter of Credit for such payment. 3. Presentment of the Letter of Credit. In the event the Improvements have not been completed on or before , thereafter the ZBA may draw on the Letter of Credit in the amount of such costs necessary to complete the Improvements not previously completed, or not certified by VHB to have been completed, including, but not limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn upon, the amount drawn shall be used for the completion of the Improvements. Any unused funds will be returned to Developer upon completion of the Improvements on behalf of the ZBA. 4. Renewal of the Letter of Credit. In the event the Developer has not completed the Improvements on or before , Developer shall replace or extend the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior . In the event Developer fails to replace or extend the Letter of Credit on or before , the ZBA may draw on the Letter of Credit and the proceeds thereof shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either fund the cost of the Improvements or be returned to Developer, as the case may be. 5. Performance Guaranty. Developer hereby agrees, warrants and guaranties to the ZBA that it will complete the Improvements as required. The provisions hereof are rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection with the Permit. The foregoing may not be relied upon for any other purpose or relied upon by any other persons or entities for any reason nor shall it be deemed to create any (K0247031.5) 2 rights in any party or entity other than the ZBA. 6. Amendments. This Agreement may not be waived, changed, or discharged orally but only by an agreement in writing signed by the parties hereto. 7. Notices. Any notices required to be furnished by either party hereto shall be personally delivered, sent by overnight courier or by certified mail, return receipt requested to the parties at the above -noted addresses, and in case of notice to Developer, a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin & Mellott, LLC, One International Place, 18`h Floor, Boston, MA 02110, or at such other address as the parties may designate in writing to the other party hereto. 8. Miscellaneous. Time shall be of the essence of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement shall be binding upon the successors and assignees of Developers development rights to the Project. The parties hereto waive the right to trial by jury in any action to enforce the provisions of this Agreement. The parties further agree that any action to enforce the provisions of this Agreement shall be brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of the Superior Court, the Lawrence District Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as a sealed instrument as of the date and year first above written. Signatures on next page. { K0247031.5) TOWN OF NORTH ANDOVER Valley Realty Development, LLC ZONING BOARD OF APPEALS By: By: By: By: I - {K0247031.5} 4 EXHIBIT A Legal Description of Property (K0247031.5) EXHIBIT B VHB LETTER (K0247031.5) EXHIBIT C LETTER OF CREDIT (K0247031.5) Bank EXHIBIT D LETTER OF TOWN TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 [insert date] Re: Irrevocable Letter of Credit No. Beneficiary: Town of North Andover Customer: Dear Sir/Madam: You are hereby authorized and directed to permanently reduce the Stated Amount of the above referenced Letter of Credit by the amount of (insert amount of reduction] ($ ) US Dollars. Thank you for your attention to this matter. Very truly yours, cc: Bank Valley Realty Development, LLC (K0247031.5) 8 14�ORTHPOINT TY DEVELOPMENT J. § i 9 Northpoint Realty Development P.O. Box 907 North Andover, MA o1845 (978) 327-6540 Date: October 14, 2003 To: North Andover Zoning Board of Appeals Robert Nicetta, Code Enforcement Officer From: Gerry -Lynn Darcy Valley Realty Development, LLC Re: Oakridge Pillage and Maplewood Reserve Final Approval under Decision #2002-31 cc: Thomas Laudani, Robert Levy _ _ l Southpoint Realty evelophent ' 1020 Miramar Drive Delray Beach, FL 33483 (561) 272-9958 In an effort to finalize the remaining open item as it relates to our Decision on Comprehensive Permit dated January 14, 2003, and to expedite our ability to obtain a building permit, I have been requested to attach the Performance Guarantee and Letter of Credit for the project as referenced above for final sign off by the North Andover Zoning Board of Appeals. This document must be approved for its' format and content. The actual amount to be secured by this document will not be inserted until such date that VHB (or other Town Consultant) has assigned specific values to the corresponding improvements as they relate to said Performance Guarantee and Letter of Credit. Additionally, the content of this Performance Guarantee and Letter of Credit is subject to future modifications, by the Developer, only upon approval by the majority of the Members of the North Andover Zoning Board of Appeals. Furthermore, it is the Board's intention to appoint the Building Commissioner/Code Enforcement Officer as its' authorized agent to issue approval of the amount to be secured by said Performance Guarantee and Letter of Credit based on the schedule of values as provided by the Town's Consultant for the proposed improvements. In addition to the above, the Building Commissioner/ Code Enforcement Officer is also responsible for approving the executed regulatory agreement form, and affirmative action plan prior to the issuance of a foundation permit for any building to be erected within the Project. Approved on October 14,2003: /U �l %1G3 Date Date aCCEl-i W N UG 1 16 1003 /% f P�a[e Date A-; -PTES7': Tme Copy 01 VV ). CI .P« ' I PERFORMANCE GUARANTY AND LETTER OF CREDIT �iG>1 1VIENT SLI i THIS AGREEMENT (the "Agreement") effective as of Date, by and between the Town of North Andover Zoning Board of Appeals (the "ZBA"), with an address at 27 Charles Street, North Andover, MA 01845, and Valley Realty Development, LLC ("Developer"), having an address of 231 Sutton Street, Suite 2F, North Andover, MA 01845. WITNESSETH: WHEREAS, Developer is the owner of certain property known as Oakridge Village and Maplewood Reserve located at 2357 Turnpike Street, North Andover, Massachusetts and being more particularly described in Exhibit A attached hereto (the "Property"); WHEREAS, the ZBA granted the Developer a Comprehensive Permit, pursuant to M.G.L. c. 40B, §20 et. seq., dated January 14, 2003 (the "Permit") for the construction of a 270 unit residential condominium (the "Project"); WHEREAS, the Developer did not appeal the Permit or the conditions therein and therefore all rights for such appeal by the Developer are hereby waived by the Developer; WHEREAS, the ZBA has required as a condition of the Permit that the Developer provide security for the completion of certain improvements to the Property (the "Improvements") set forth in the letter of Vanasse Hangen Brustlin, Inc. ("VHB") to Mr. Robert Nicetta, dated ; a copy of which is attached hereto as Exhibit B (the "VHB Letter"); WHEREAS, at the Developer's request the ZBA has agreed to accept a Letter of Credit in lieu of a surety bond as stated in specific condition 27 in the "Permit", to cover the cost associated with the improvements as set forth in said condition, inclusive of water and sewer improvements; and WHEREAS, the Developer has agreed to guarantee the construction of the Improvements and to provide the required security in the form of a Letter of Credit, which Letter of Credit will be governed by the terms and conditions hereof. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: 1. Receipt of Letter of Credit. The ZBA acknowledges receipt of Letter of Credit No in the amount of ( the "Stated Amount") in favor of the ZBA issued by (the "Bank") and dated (the "Letter of Credit") with an expiration date of , a copy of which is attached hereto as Exhibit C. The ZBA (K0247031.5) shall hold the Letter of Credit, subject to the terms and conditions of this Agreement. 2. Release of the Letter of Credit. The parties acknowledge that the Improvements to be completed and the estimated costs associated therewith are contained in the VHB Letter. The Letter of Credit shall be released or partially released, as the case may be, upon completion or partial completion of the Improvements. Accordingly, upon the certification to the ZBA, from time to time, by VHB or such other consultant approved by the ZBA (the "ZBA Consultant") certifying the Improvements that have been completed and the corresponding dollar value ascribed to such Improvements in the VHB Letter (the "Consultant's Certificate"), the Letter of Credit shall be reduced by such amount. The ZBA shall cooperate with the Developer and (Bank) in facilitating the reduction of the Letter of Credit. Towards that end, upon receipt of the Consultant's Certificate the Building Commissioner for the Town of North Andover, or his designee, shall promptly execute and deliver to the Developer, for delivery to the Bank, a written direction that the Stated Amount in the Letter of Credit be reduced by the amount contained in the Consultant's Certificate. Such direction shall be in the form attached hereto as Exhibit D. Upon certification by the ZBA Consultant that all the Improvements have been completed, the Letter of Credit shall be returned to Developer and terminated and the Building Commissioner shall so instruct the Bank. The Developer shall pay forthwith, upon written demand, the reasonable cost and expenses incurred by the ZBA as a result of said periodic certification, from time to time, by the ZBA Consultant. Notwithstanding the foregoing, upon failure of the Developer to pay such costs and expenses, the ZBA may, ten (10) days after written demand to the Developer therefore, draw upon the Letter of Credit for such payment. 3. Presentment of the Letter of Credit. In the event the Improvements have not been completed on or before . , thereafter the ZBA may draw on the Letter of Credit in the amount of such costs necessary to complete the Improvements not previously completed, or not certified by VHB to have been completed, including, but not limited to, engineering and attorneys' fees. In the event the Letter of Credit is drawn upon, the amount drawn shall be used for the completion of the Improvements. Any unused funds will be returned to Developer upon completion of the Improvements on behalf of the ZBA. 4. Renewal of the Letter of Credit. In the event the Developer has not completed the Improvements on or before , Developer shall replace or extend the Letter of Credit in a manner and upon such terms satisfactory to the ZBA prior . In the event Developer fails to replace or extend the Letter of Credit on or before , the ZBA may draw on the Letter of Credit and the proceeds thereof shall be held by the ZBA and dispersed, in accordance with the terms hereof, to either fund the cost of the Improvements or be returned to Developer, as the case may be. 5. Performance Guaranty. Developer hereby agrees, warrants and guaranties to the ZBA that it will complete the Improvements as required. The provisions hereof are rendered solely for the benefit of, and can only be relied upon by, the ZBA in connection with the Permit. The foregoing may not be relied upon for any other purpose or relied upon by any other persons or entities for any reason nor shall it be deemed to create any { K0247031.5) 2 rights in any party or entity other than the ZBA. 6. Amendments. This Agreement may not be waived, changed, or discharged orally but only by an agreement in writing signed by the parties hereto. 7. Notices. Any notices required to be furnished by either party hereto shall be personally delivered, sent by overnight courier or by certified mail, return receipt requested to the parties at the above -noted addresses, and in case of notice to Developer, a copy to Robert W. Levy, Esquire, Eckert Seamans Cherin & Mellott, LLC, One International Place, 18th Floor, Boston, MA 02110, or at such other address as the parties may designate in writing to the other party hereto. 8. Miscellaneous. Time shall be of the essence of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement shall be binding upon the successors and assignees of Developers development rights to the Project. The parties hereto waive the right to trial by jury in any action to enforce the provisions of this Agreement. The parties further agree that any action to enforce the provisions of this Agreement shall be brought in the Essex Superior Court or, if such action is not subject to the jurisdiction of the Superior Court, the Lawrence District Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as a sealed instrument as of the date and year first above written. Signatures on next page. {K0247031.5) TOWN OF NORTH ANDOVER Valley Realty Development, LLC ZONING BOARD OF APPEALS By: `�' { K0247031.5} 4 EXHIBIT A Legal Description of Property (K0247031.5) EXHIBIT B VHB LETTER j K0247031.5) EXHIBIT C LETTER OF CREDIT { K0247031.5) i Bank EXHIBIT D LETTER OF TOWN TOWN. OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 [insert date] Re: Irrevocable Letter of Credit No. Beneficiary: Town of North Andover Customer: Dear Sir/Madam: You are hereby authorized and directed to permanently reduce the Stated Amount of the above referenced Letter of Credit by the amount of [insert amount of reduction) ($ ) US Dollars. Thank you for your attention to this matter. cc: Bank Valley Realty Development, LLC (K0247031.5) E Very truly yours, Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date 0// S �% TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET. TOWN: No Y ' "` MEETING DATE(S): NAME OF PE Signed: V u �k Petitioner (or petitioner's representative) Q CD C-: -; M F-1 C) WAIVER r O Frl CD M <_U Cr, W 7 a` 0 cn BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9.535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET: TOWN: MEETIlI NAME ( Signed: WAIVER �H EC E BOARD OF AP S688-9541 U 2 2 2002 BOARD OF APPEALS BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 C37 M CDCD CD W : A --y- Cn BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORt'NPOiNT wl� Nd*'.44 PO 9" 3039 Aft", MA 01810 (9)8) 470 -RM October 28, 2002 Mr. William Sullivan, Chairman Zoning Board of Appeals 27 Charles Street North Andover, MA o1845 Re: Condominium Students Dear Mr. Sullivan: 5OUTHPO(N1 Wig, Dev4 19S NE 6` A+o-" DAAV, Bim, Ft 33483 (561) M-1158 I am writing in response to a memo that was sent to Mr. Paul Szymanski requesting information on the number of school children in grades k through 12 within the various condominium developments throughout the Town. At the suggestion of Mr. Nicetta, I contacted the School Department who in turn had Mr. Craig Mitchell, President of School Geographics, Inc. call me directly. I had a terrific conversation with Mr. Mitchell who agreed to begin compiling the information per your request within the next week. My intention is to review the findings relative to the number of school children in local condominium complexes with Mr. Mitchell as soon as possible. Additionally, it might be a good idea for him to attend the November 12, 2002 Zoning Board hearing to discuss his data. Please let me know if you would be in favor of Mr. Mitchell attending the November hearing at your convenience. In the meantime I will forward the data to you for review as it becomes available to you for review. Thank you for your ongoing attention to this matter. Sincerely, Valley Realty Development, LLC rry-L'yl.�in �alrcy U cc: Mr. Paul Szymanski, Mr. Craig Mitchell, Bob Nicetta, Karen Pollastrino, Thomas Laudani OCT 3 0 2002 BOARD OF APPEALS I + I -i- ) ✓ d;d oo+ k'�I �k, vv— Vv 'I I f -(�x X1150 cc- -6 of G-6oF Sei T Al `fi ,� cte k 1U11DU1�'nU- 'J/d4/UZbyb NURFH ATLANTIC PAGE 01 NORTHPOINT Realty Development PO Box 3039 Andover, MA o-t8-io (978) 470-8257 SOUTHPOINT Realty Development 185 NE 6`h Avenue Delray Beach, FL 33483 (56.0 272-9958 Date: October 29, 1-001- To: 002To: North Andover Fire Dept. (Chief William Dolan and Lt. Andrew Melnikas) North Andover Poli ,-pt. (Richard Boettcher, Communications Supervisor) From: Gerry -Lynn Darcy Re: Name Change for "the Meadow" cc: Chris Huntress, Dermott Kelly, Julie Parrino, Karen Pollastrino, Thomas Laudani, Robert Nicetta, Gregg Smith, William Sullivan, Steve Trettel We have been requested to change the name of our proposed 4oB development. It appears as thought "the Meadows" has already been used for a few locations in Town. To avoid any potential confusion with the public safety departments servicing our Town, we have chosen the names listed below. Upper Meadow "Parker Common" Lower Meadow "Parker Reserve" Please contact me immediately should there be a problem with the new names as provided. Thank you in advance for your attention to this matter. BOARD OF APPEALS Torn of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET: TOWN: * LOY41 at1L& MEETING DATE(S): t Z. Zo n, NAME OF PETITIONER: V aJ LL14 I ".moi h� !YA,i Y!0-0 �- L— t,C- Signed: (or petitioner's kpresentative) WAIVER C= w a 2 L+ w BOARD OF APPEALS 688-9541 BUILDING 688-9.545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6535 c_ Ca CEJ C? 77 , M, , it R CX) CD CD `�acn�, r- D