HomeMy WebLinkAboutMiscellaneous - Exception (584)P49
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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
There will be a
Telephone (978) 688-9541
Fax (978) 688-9542
Special Zoning Board of Appeals Meeting
C.. J
On Tuesday, October 29, 2002 at 7:30 p.m.� z n
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In the Senior Center N
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120R Main Street
North Andover
DISCUSSION:
Kittredge Crossing — Performance Bond Issue vs. Letter of Credit
200 Chickering Road
PUBLIC HEARING:
Alan Hone Variance & Special Permit R-4
For Premises at:
425 Waverly Road
Paul Dedoelou Variance & Special Permit GB
For Premises at:
11-15 First Street
CONTINUED MEETING:
(*Requested continuance until October 22 2002 meeting)
Vallev Realty Development, LLCComprehensive Permit R-2 & I-1 #W IS/WFS/IP/EM/GE/
For premises at: 2357 TumPike Street (Voted to continue *WJS/WFS/RF/SK/EM/GE/JL)
(Voted to continue * WJS/WFS/JP/EM/GE/JI.)
(Voted to continue * WJS/WFS/JP/EM/GE/JL)
(Voted to continue * WJS/WFS/JP/SK/EM/GE)
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
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Meadows Com�Permit
Cleat Mr. Chairman and voting board members,
T -M G-M.1ool F-159
1 am not in opposition to affordable housing proposals or to the development of affordable housing ander
t;napter 400. 1 am, however in opposition to projects that have not utilized appropriate land platming and
d6O lir pa-0jecis fimi could corifonn i w It dimcrosionai regturmr vnts Of the L.Oaing Ordinance, but
vLWil�aai➢fiiuiij via iu.i.
The following comments are for yew recur i and Shoudd br nMvsaeed by the Lievelep—per.
I . The developer should redesign his project as not to require any dimensional variances.
2- Gravity sewer laterals need to be engineered for all abutters.
3- A Qewm crossing to Shaipners fond Road should be stipulated as being an off-site requirement
44. Outdoor active and passive recreational areas need to be designed Large lawn areas for lawn activities
need to be shown.
Parking WU atm lstt9e and unbxa,es. Most quality resioentiai developments have smaller and more
irtilla, ouliie v'aiii.Zai v:l\611dtiolL.7 sirdeCc, iiiJi2 eye ai71�'�4jj�
�rvpa 9n.i llir+rdirrw ""`��w`r a'��-.sroi eM.e� � ��:+. �. }�±1. '� :i�..�x.�c,, aiL t� t^.�•".
6. 1 have. pm imsly noted that tie lgrger 3 ant] 4 b il�� need +0 M T.eLo-cate . The sttvet f+vm+�ro.bsp
should be beamed and treed and buffered from anv multi -family buildinm A more st Prom mtc
location for the fifty foot high buildings, should be in the rear of the site where the wade is lower then
the sweet and the heights would not be as noticeable from the main street The street set backs for the
building need to be at least 100 feet A redesigned plan, as dmaribai abovc, would give residents and
abutters noise and visttal buftirs_ Treed, berthed, and a larger set back at tib sweet would reduce the
Mbar,," vi8ttltl Impact to a 80ita111= appcaimg appearance for those traveling ftmgh our town on RL
i14.
7. A ..ez -- ---- - ..o—g, ----- or�.o .,;in•.r-- wag i— +v-asi st.i3 3iYii e' Siiiii kw&
Fi,*fl,W `tian�acinna a4imm�slri
B. Architectural design questions that Should be askr&
a Do the units each have storaze available?
b. Is one elevator adequate for a 3 or 4 story building with a garage? (5 level stops)
c. Is the distance between corridor, stairs, and elevator to far for people to have comfortable access?
I believe they are in excess of appropriate distances.
d. Is there a structural system designed and how does it penetrate the garage? How many parking
spaces would you lose
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Thera art; mmrerous quRshons to be asked and have angwered and until asf .Tnrmrrmristte nice isryout ie
Presented to this board. orae that is both beneficial to the developer, the mwn and furore r�eidents of the
project, I feel we should not proceed with any further discussions at this time.
1
Sincerely, f x
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Joseph D. !$' Crsse, AlA
BOARD OF APPEALS
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9i 2002
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BOARD OF APPEALS
Y Valley Realty Development, LLC
978-470-8257 phone 978-470-2690 fax
October 28, 2002
William Sullivan, Chairman
North Andover ZBA
27 Charles Street
North Andover, MA 01845
Re: Meadows Comprehensive Permit - Dennett letter
Dear Mr. Sullivan:
We have reviewed the written comments (attached) presented to us by you from Susan B. Dennett at the
October 22th public hearing. I would like to respond to her comments as follows.
1. "The Meadows" Name: We have already received communication from the Fire Department
regarding the use of the name "The Meadows" and are in the process of creating a new name, which we
will review with both the Police and Fire Departments before submitting it to the ZBA.
2. Water Use: We are unaware of any plans, rules or regulations of the Town of North Andover which
forbid the development of residential housing due to water constraints. Modern residential developments
are efficient in their use of water due to the installation of new water lines, low flow toilets, and low flow
shower heads. MEPA and the North Andover Conservation Commission will give us guidelines about how
to handle stormwater run-off.
In addition, we have reviewed our utility requirements with the North Andover DPW and have received a
letter from Tim Willett, the Water and Sower Superintendent, which states that the water pressure and
hydrant flow rates in our area exceed recommended minimum guidelines.
3. Affordable Housing: As we have discussed before, we are unable to commit more than 25% of the
units as affordable.
Post -it® Fax Note 7671 =0p#a0g'es*
To I / tCo./Dept. FPhone # (- 1� 4 1Fax # r -7 ,7 �7� D73 �J � 1 J T
CC: Susan B. Dennett
Bob Nicetta, Bldg Commissioner
Team Members
Sincerely,
Valley Realty Development, LLC
l� wzd��_
Karen Pollastrino
G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Public Hearings\October 22, 2002\zba.ltr
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BOARD OF APPEALS P.O. Box 3039, Andover, MA 01810
;comments fir the Mcudows hearing - - - - - - - -
Subject: Re: ;comments for the Meadows hearing
Date: Tue, 22 Oct 2002 00:25:06 -0400
From: "Susan Bennett" <sdennetta@attbi.com>
To: <wsoule@ concentric. net>
4 r1-.- 1J -
Walter,
I am emailing my comments to you re 'The Meadows". I am hoping that they will suffice as my formal
comments to the whole committee, and that they can be read at the hearing.
To the Zoning Board of Appeals
Ike: "The Meadows"
October 22, 2002
1. The name: "The Meadows", if this project procedes, should be changed, since there is already
confusion between two Meadows in town: Morkeski Meadows, the !-lousing Authority office and
affordable housing building on Waverly Rd. and Greene St., and the Meadows at Edgewood, the
nursing home unit. The director of the Housing Authority has mentioned that she gets mail for the
Edgewood Meadows, and they get mail for the Housing Authority Morkeski Meadows.
2. Water use: Lake Cochichewick has been very near its "safe yield" on many days each year, not only
in this past year when we have been in a drought situation and needed restrictions and outright water
bans, but also dating back to about 1997, when a committee was formed and the water quality and
quantity was studied. It was determined even then that the "safe yield" was actually surpassed on some
days during the summer.Since then more houses have been built, with more bathrooms, more pools
sunk into the ground, and more sprinkler systems have been installed. North Andover's DPW and
Water Department have been cognizant of this problem and have taken action to safeguard our water
supply. This project will put a very large and sudden strain on our water system and supply. This project
should be scaled back in size to soften this blow. Other mitigations should be negotiated and enforced
to reduce water use, such as installing low -flow plumbing fixtures, capturing roof runoff for irrigation,
and installing xeriscape landscaping.
3. Affordable Housing: The percentage of affordable housing should be increased to 30% or 35% to
further North Andover's goals of 10% affordable housing. North Andover is woefully short of the state
goal. Adding only 25% affordable units in Chap. 40B projects will never allow us to meet that goal, since
North Andover is still a growing community with many developments and Form A lots added to our
market -rate housing each year.
Thank -you for your consideration.
Sincerely, Susan B. Dennett 20 Ironwood Rd., North Andover MA
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October 25, 2002
TOWN OF MIDDLETON
Ira S. Singer
Mr. William Sullivan, Chairman
Board of Appeals
Planning and Economic Development
27 Charles S—,. eet
North Andover, MA 01845
Town Administrator
Faxed: October 29, 2002
Subject: Comprehensive Permit Application of
Valley Realty Development, LLC, Andover, MA
Dear Chairman Sullivan and Members of the Board of Appeals
At their regular meeting held on Tuesday, October 22, 2002, the Board of Selectmen
discussed and reviewed the development plans (through the ENF) for the residential
,complex known as "The. Meadows". The Board voted unanimously to take -all measures
necessary to require that Valley Realty Development, LLC of Andover, MA install
vehicular, and, if warranted, pedestrian signals at the intersection of Sharpner's Pond
Road, Route 114, and the entrance into the proposed residential complex.
The Town of Middleton is very concerned that the developer has not proposed installing
vehicular signals as a condition of the Comprehensive Permit. The ENF indicates an
increase of more than 1504 vehicle trips per day at this location with approximately one
half of said trips turning in each direction. This translates into a seven percent increase in
average daily traffic at this location by itself.
The intersection of Sharpner Pond Road and Route 114 is already overburdened with
large volumes of commuter traffic attempting to turn onto Route 114 without the benefit
of safe egress from a signal system. The construction of a new access road directly
across from this intersection constitutes a potentially horrendous and unsafe condition for
thousands of commuters and travelers between Middleton and North Andover.
We are also concerned about the possibility of two separate access and egresses at the
Meadows as proposed in the ENF. Vehicles exiting or entering each driveway to the
Meadows will be effectively competing with each other, with other drivers coming off
Sharpner Pond Road directly across the street, and with another 41,000 daily vehicles
OCT 3 0 200?
BOARD OF APPEALS Memorial Hall • 48 South Main Street • Middleton, MA 01949 • Tel. (978) 777-3617
traveling on Route 114. It is sheer folly to assume that all of these movements will be
safe without a signalized and controlled intersection.
We strongly urge the North Andover Board of Appeals and town officials to require the
installation of a signal system in accordance with requirements of the Massachusetts
Highway Department as a condition of approval for this project.
Thank you for the opportunity to express the Town of Middleton's serious concerns
about the severe traffic impacts associated with this project.
Sincerely,
a S sl-�,
Ira S. Singer
Town Administrator
In Behalf of the Board of Selectmen
C.C. Ms. Rosemary Connelly Smedile, Chairperson Board of Selectmen
Mr. Mark Rees, North Andover Town Manager
The Honorable Senator Bruce Tarr
The Honorable Representative Bradley Jones
The Honorable Representative Bradford Hill
Massachusetts District Four Highway Director, Stephen. O'Donnell
TERRA PROPERTIES LLC
978-687-6200 phone 978-682-6473 fax
October 29, 2002
William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: Comprehensive Permit Application
Dear Mr. Sullivan:
Valley Realty Development, LLC is amending its application for a comprehensive permit for the property
located at 2357 Turnpike Street, North Andover to request a waiver from the following section of the zoning
by-law:
Footnote #1 to Table 2, Table of Dimensional Requirements, which says "in all districts except
Village Commercial, front setbacks along Route 114 shall be a minimum of 100' ... the first 50' of
front setbacks under this requirement shall be made to provide an effective visual buffer and no
parking shall be permitted."
We are requesting a waiver from this requirement as follows:
.. Waiver of 10' from the requirement that the first 50' have no parking as the plan shows parking
beginning at 40'9" (rounded to 40') from the property line;
Waiver of 60' from the requirement that no building be located less than 100' from Route 114 as
Building #1 and Building #2 are shown on the plan as 40'9" (rounded to 40') from the property line.
TUkp
cc: Bob Nicetta, Bldg Comm
Joyce Bradshaw, Town Clerk
Rob Levy, Esq.
Team Members
BOARD OF APPEALS
Sincerely,
Valley Realty Development, LLC
Thomas D. Laudani, Manager
PermMamend #1.zba
231 Sutton Street Suite 1A, North Andover, MA 01845
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TERRA PROPERTIES LLC
978-687-6200 phone 978-682-6473 fax
October 29, 2002
William J. Sullivan, Chairman
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: Comprehensive Permit Application
Dear Mr. Sullivan:
Regarding our discussion of Licensed Site Professionals at the public hearing on October 22"d, I have
printed some information for your use from the Mass. DEP's website. I hope you find it useful.
- Sincerely,
-Valley Realty Development, LLC
Q44,1 poa��—
Karen Pollastrino
cc: Bob Nicetta, Bldg Comm
Rob Levy, Esq.
Team Members
G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Public Hearings\October 22, 2002\zba Isp.ltr
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BOAH,� , GALS
BOARC - APPEALS
231 Sutton Street Suite 1A, North Andover, MA 01845
Board of Hazardous Waste Site Cleanup Professionals - Advisory Rulings
MCP Helpline (21E program info)
(617) 338-2255 (from area code 617 and outside Massachusetts)
(800) 462-0444 (from area codes 781, 508, 978, and 413)
Web site: www.state.ma.us/dep/bwsc
• Massachusetts Contingency Plan
• Other waste site cleanup publications
. Sites List
• Brownfields information
Page 4 of 4
This information is available in alternate format upon request by contacting the LSP Board's ADA Coordinator, 10th floor, One Winter
Street, Boston 02108.
A trifold version of this pamphlet is also available to download, Tint and distribute.
File to download: lsp ug ide.Pdf (99 KB)
[Contact: LSP.Board@state.ma.usl
[LSP Board Home Paae]
Updated: May 24, 1999
Privacy Policy
http://www.state.ma.us/Isp/files/guide.htm 10/29/02
Board of Hazardous Waste Site Cleanup Professionals - Advisory Rulings
Page 3 of 4
WHO LICENSES called the "LSP Board." Applicants must meet stringent education and experience standards set by the Board, and
LSPs? they must pass an examination that tests their technical and regulatory knowledge. The LSP Board also requires
that LSPs take continuing education courses in order to maintain their licenses. These licensing and continuing
education requirements, along with the LSP Board's ongoing disciplinary program, were designed to ensure that
LSPs have the knowledge and experience to guide their clients properly through the assessment and cleanup
process mandated by the state regulations.
The LSP Board also regulates the professional services provided by LSPs. It has adopted Rules of Professional
Conduct that all LSPs must meet. The LSP Board investigates complaints that LSPs have failed to follow these
rules.
WHAT ARE The Massachusetts Waste Site Cleanup Program has been designed to safeguard public health and the
SOME environment. DEP's standards for cleanups provide flexibility to tailor response actions to the needs of a particular
OF THE site. The LSP Board requires LSPs to follow DEP's requirements for assessing and cleaning up a site and to
IMPORTANTexercise independent professional judgment in doing so. In addition, the LSP Board requires that LSP's provide
RULES OF services with reasonable care and diligence, applying the knowledge and skill expected of LSPs.
PROFESSIONAL
CONDUCT
THAT LSPs
MUST MEET?
WHAT HAPPENS
If the LSP Board receives a complaint about an LSP and determines that the LSP has violated one or more of its
WHEN LSPs
Rules of Professional Conduct, the Board can discipline the LSP. The forms of discipline include censure,
VIOLATE
suspension of license, and, in cases of serious violations, revocation of license.
THE BOARD'S
PROFESSIONAL
CONDUCT
RULES?
WHO CAN
Anyone can file a complaint, including property owners and tenants who retain LSPs, abutters, citizen groups,
FILE
public officials, DEP staff, even other LSPs. To file a complaint, all one needs to do is to fill out a short Complaint
COMPLAINTS
Form obtained from the LSP Board by calling (617) 556-1145.
AGAINST LSPs?
The Board considers all complaints that LSPs have performed in a manner that violates the standard of care or any
of the other Rules of Professional Conduct. However, the LSP Board does not have jurisdiction to resolve disputes
between LSPs and their clients about fees.
FOR MORE LSP Board:
INFORMATION . .
List of LSPs (617) 556-1091
To file a Complaint (617) 556-1145
LSPs' disciplinary records (617)292-5814
E-mail address: LS P.Board@state.ma.us
Web site: www.state.ma.us/lso
• General information about the LSP Board
• List of LSPs
• Disciplinary actions taken
• LSP Board's Rules of Professional Conduct
Department of Environmental Protection:
http://www.state.ma.us/lsp/files/guide.htm 10/29/02
Board of Hazardous Waste Site Cleanup Professionals - Advisory Rulings Page 2 of 4
Chapter 21E of the Massachusetts General Laws sets out the legal obligations of property owners and others
responsible for the contamination to:
report a chemical spill or release;
assess the nature and extent of contamination;
take speedy action to address hazards which pose a significant risk of harm; and
clean up the contamination.
Those who may be legally responsible for a spill or release under Chapter 21E may obtain general information
about their obligations from DEP. They also may also obtain advice about their specific legal obligations from an
attorney who is knowledgeable about the 21E program.
HOW SITES The Massachusetts Department of Environmental Protection has implemented the 21E program through a set of
GET CLEANED regulations known as the Massachusetts Contingency Plan or "MCP." The MCP lays out the state's rules for
UP conducting cleanups of contaminated sites. The MCP requires people who are responsible for cleanups to hire a
Licensed Site Professional to manage and/or oversee the required assessment and cleanup work. Licensed Site
Professionals are often referred to as "LSPs."
WHAT ARE LSPs LSPs are scientists or engineers experienced in the assessment and cleanup of oil, gasoline, and hazardous
AND WHAT material contamination. They are licensed by an independent state board to manage cleanups and provide formal,
DO THEY DO? written opinions that cleanup work meets the requirements of the MCP.
Before the start of the LSP licensing program in 1993, those who conducted work at hazardous waste sites had to
receive DEP's approval of each phase of the work or a waiver of the approval requirement. DEP was unable to
handle all of these requests, and backlogs developed. By licensing LSPs and allowing them to oversee work at
sites, many government -related obstacles to prompt voluntary cleanups have been eliminated.
An LSP is hired by a site owner or other potentially responsible party to oversee the assessment and cleanup
activities required to address the contamination. The LSP collects data on conditions at the site, interprets this
data, assesses the risks posed by the site to health, safety, public welfare, and the environment, and recommends
and oversees necessary cleanup activities. In providing these services, the LSP is responsible for making sure that
the formal, written opinions that he or she provides about response actions at a disposal site, and the activities that
lead up to these opinions, are consistent with the requirements of the MCP.
At key stages in the cleanup process, these formal, written opinions describing the work that has been completed
must be sent to DEP. When a cleanup has been completed, the LSP provides a final opinion stating that the
response actions have achieved an outcome that complies with the MCP and protects health, safety, public
welfare, and the environment. Only an LSP can sign and stamp these formal opinions.
HOW TO FIND Many environmental services firms have LSPs on staff. Other LSPs work independently and assist their clients in
& HIRE AN LSP hiring all the needed environmental contractors. A complete list of all LSPs, their addresses and telephone
numbers can be obtained on the World Wide Web at http://www.state.ma.us/Isp or by calling the LSP Board at
(617) 556-1091. DEP's Regional Service Centers also have lists of all licensed LSPs.
Anyone seeking to hire an LSP should do the following:
• Obtain written proposals from several LSPs.
• Ask for and check references.
• Contact the LSP Board and ask if any complaints have been filed against the LSPs who are being
considered; if so, ask if any discipline was imposed.
• Compare experience as well as cost. Do not base your selection on rates alone. A more experienced LSP
may cost you less in the long run.
Obtain a written contract describing the work to be done and specifying all costs.
LSPs are licensed by the Board of Registration of Hazardous Waste Site Cleanup Professionals, commonly
http://www.state.ma.us/lsp/files/guide.htm 10/29/02
Board of Hazardous Waste Site Cleanup Professionals - Advisory Rulings
GUIDE TO LICENSED SITE PROFESSIONALS
AND
THE LSP BOARD
prepared by:
The Massachusetts Board of Registration
of
Hazardous Waste Site Cleanup Professionals
One Winter Street
Boston, MA 02108
(617)556-1091
LSP.Board @ state.ma.us
Page 1 of 4
PURPOSE OF This pamphlet has been prepared to help you better understand the role that Licensed Site Professionals (LSPs)
THIS PAMPHLET and the LSP Board play in the state's waste site cleanup program (the "21E program"). You may find this
pamphlet useful if:
you need to hire an LSP to oversee an assessment or cleanup at your property;
your property abuts or is near a contaminated site where cleanup activities are being overseen by an LSP;
or
you are a local official in a city or town in which waste sites are located.
If you have additional questions that this pamphlet does not answer, please contact the LSP Board or the
Massachusetts Department of Environmental Protection (DEP). Phone numbers, as well as E-mail and Web site
addresses, are listed on the back of this pamphlet.
GENERAL The Commonwealth of Massachusetts takes the dangers posed by spills and other releases of oil, gasoline, and
INFORMATION other hazardous materials to the soil and groundwater very seriously.
http://www.state.ma.us/Isp/files/guide.htm 10/29/02
NORTH ANDOVER TRAILS & OPEN SPACE
RULES & REGULATIONS
Revision C - 06/05/2002
• Open fields and trails constructed and/or maintained on Town property shall be
managed to accommodate one or more of the following primary uses; Hiking,
Recreational Walking, Equestrian, Nordic Skiing, Snowshoeing, Mountain Bicycle,
and other special uses (i.e. Sledding, Dogsleds).
• No person is to enter adjacent private property without the consent of the property
owner.
• Persons engaged in property usage shall do so where there is clear evidence of a
forest road, forest way or forest trails except in fields or similar open areas where
such use is permitted by appropriate signage.
• No person shall engage in property usage in a reckless or heedless manner or in such
a manner as may cause or tend to cause fear, discomfort or injury to any person,
wildlife property or vegetation, or at a speed which may be considered unreasonable
or improper for existing conditions.
• No person shall leave, place or dispose of in any manner, refuse, or other material
under or upon the lands or waters of the Town except in receptacles provided for such
purposes. No person shall drain or dump any refuse or waste of any nature from any
boat, trailer or other vehicle except in receptacles provided for such purposes. A
person shall not import onto Town property any substance for the purpose of
discarding that substance.
• No person shall damage or remove any Town property real, or personal. Do not
remove or disturb any natural resources or historical features of the property.
• Dogs shall be restrained on a leash not to exceed ten feet in length. All dogs shall be
kept in such control at all times when within the confines of Town property. Dog
owners are responsible for the removal and proper disposal of feces of dogs.
• Hunting, trapping and the possession of firearms, bow and arrow, trap or other lawful
device for the taking, killing or capturing of mammals or birds within the boundaries
of any Town property shall be allowed only with the expressed written permission
from the North Andover Conservation Commission.
• No person shall consume or possess alcoholic beverages on Town property.
• Motorized vehicles (Snow, Off -Road, etc.) are prohibited on any Town Property with
the exception for emergency and maintenance vehicles.
• No person shall swim, bathe or wade in the waters of any Town property except
where posted.
• No person shall kindle, build, maintain, or use a fire on Town property.
• No person within the confines of any Town property shall throw away or discard any
match, cigarette, cigar, embers or briquettes or other burning object which has not
been entirely extinguished.
• Camping on any Town property shall be allowed only with the expressed written
permission from the North Andover Conservation Commission.
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BOARD OF APPEALS
OCT-30-ND2 05:19AM ;POM -
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JOSEPH D. LaGFRASSE
& ASSOCIATES INC.
VA ARCHITECTS, ENGIN,
IN`IF.I 1ORS, LAND PLANNERS
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Project Number:
Sent by: UOQ
.ADSeph D- LaGhw" & Associate-% Ina I3 a fto servfco. arahftocture1, engdneeting, and land planning
firm ibasted in Andover, Massacahrmetts,
OCT -30-2002 05194 cAnu-
v. ..vim r%nuvvcr courng apace or Appears
r ---- T ate,, Ik Tl T -4"-- A [ A
� .a.:A.1 J^VWFiY ✓. lYV^L^NJar, LULL
RP- Valli -.v R"hv Develo-nmenr T T C
Meadows Comprehensive Permit
Dear dude. Chamnau and voting board members,
T -n55 9.0-0-7100-2 c-359
I am not in opposition to affordable housing proposals or to the development of affordable housing under
C-hapter40B. I am, however in opposition to projects that have not utilized appropriate land planning and
also to pijec s 11W c wud conform uw ime dimensional requirements of the [coning Ordinance but
�,y do _
i/,teation,a&I asii :altta.
11ie following comments are for your record and sh, old be addrukaed by the de-ve-loper.
L The developer should redesign his projec-t as not to require any dimensional variances.
2. Gravity sewer laterals need to be engineered for all abutters.
3. A sewer crossing to Shatpners Fond Road should be stipulated as being an off-site requirement
4. Outdoor active and passive recreational areas need to be designed Large lawn areas for lawn activities
need tube shown.
S• Parking loin a iaige =d unbroken. Most quality residential deveiopffients have smaller and more
:j..1.._�.i ...._1.__ DT.• __'..T,.. Lys. A A•M ._
l� _ 1�•iS ala r, �.::�1::.,g, iaiaiidb� ii♦aiub, taw iiiii2�a�. 1i olic tauuns i+2aiiE more eye apiealiag
s9.r£'ac.- and theem.". r.- rot q '�i_on-e attractive =-oma.'.,.. for 1...*i. is -�.,.i
=:a :a:: c�a:a:: r�s`Zd♦.i:w, :..:� d:-^ aETt4'n.
6. Have nrr_n icmaly noted tbat the. lamer i 9nd 4 at- tea» dings fn be- reins ted • 'Phe �Pt rrnvntage
should be bermed and treed and buffered from any multi -family buildings. A more appropriate
location for the fifty foot high buildings should be in the rear of the site where the glade is lower than
the street and the heiShts would not be as noticeable from the main street. The street set backs for the
building need to be at least 100 feet. A redesigned plan, as described above, would give residents and
abutters noise and visual buffers. Treed, berthed, and a larger set back at tine street would reduce the
harsh visual impact to a softer more appealmg appearance for those traveling through our town on RL
114.
i. A cry ....-'1..-. cl t co- deo :.. ♦ .we.,, L.as has L__
��jw5 L'Y.. �--� .',ii'. ,.:a� s�: ..::::cj a�.,as re�i£�w.::.z:: �aS Ct�t �Sv�C.0 .�at-':;;:dttcA
Fnrthnr riiaM�eainna ahrna,wlrl1w yane Ile i ate. 1 the A .fY....__R knot :o . a_t. H
8. Architectural design questions that should be asked_
a Do the units each have swralte available?
b. Is one elevator adequate for a 3 or 4 story building with a garage? (S level stops)
c. Is the distance between corridor, stairs, and elevator to far for people to have comfortable access?
I believe they are in excess of appropriate distances.
d. is there a structural system designed and bow does it penetrate the garage? How many parking
Vac- would YOU dose
a rt._t.:r L _ fthe f _ - - g -=mob.` buildings?
C. � -:iai u till+ IiYPJi�ii9iiitiiiu .ii iiia. a`iiir-:ia'a�i t aa__. __
There ate numerous questions to be asked and have answered and unt:t an w_Truprinte.site Layout ig
presented to this board. one that is both beneficial to the developer, the towel and fre - - identr. of the
project, I feel we should not proceed with any further discussions at this time.
1
Sincerely,
C_P
Joseph Lt. 4 , ALA
UL I" 2 9.2002
BOARD OF APPEALS
i o -29 K2 7`2" L13FIM h Ru f F UW!V ttF m DDLE T O-4 E. 387743344 P. 7
A Zvi dil e 0n
TOWN ADWSWOR
48 SOD HWB STh
MDRILETONI ,1& 01949
TEL -978 777-36-7
FAX: 978-774 3344 DATE'
PLEASE TRANSMIT THE FOLLOWING PAGES TO:
NAME:
COiWANY•: X172 Ah L '
PFIONE:_
FROM X9 w
Total Pages 1-3
4 2 9 2002
BOARD OF APPEALS
10-29-2tT2 12:35tyM rRUM 1UWN OF M1L)ULEIUN 6067743344
October 25, 2002
P. 2
Post -it® Fax Note 7671
Date/0_1 -
pages
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Co./Dept.� p
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Phone #
Phone # cYM -
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Fax # 07-
-
Fax # _
- 9✓y
TOWN OF MIDDLE',0N
Ira S. Singer �ulvnA irwifulur
ivir. William Sullivan, Chairman
Board of Appeals
Planning and Economic Development
27 Charles Street
North Andover, MA 01845
Faxed:, october 29, 2002
Subject: Comprebertsive Permit Application of
Valley Realty Development, LIC, Andover, MIA
Dear Chairman Sullivan and Members of the Board of Appeals
At their regular meeting held on Tuesday, October 22, 2002, the Board of Selectmen
discussed and reviewed the development plans (throughthe EI IF) fvr the residential
complex known as "The Meadows". The Board vot—ed unanimously to rake all measures
necessary to require that Valley Realty Development, LLC of Andover, MA install
vehicular, and; if warranted, pedestrian signals at the intersection of Sharpner's Pond
Road, Route 114, and the entrance into the proposed residential complex.
The Town of Middleton is very concerned that the developer has not proposed installing
vehicular signals as a condition of the Comprehensive Per—mit. The E*:F indicates an
increase of store than 1504 vehicle trips per day at this location with approximately one
half of said trips turning in each direction. This translates into a seven percent increase in
average daily traffic at this location by itself.
The intersection of Sharpner Pond Road and Route 114 is already overburdened with
large volumes of commuter traffic attemptingto turn onto Route 114 without the benefit
of safe egress from a sigraI systeM. The construction of a new access road derectly
across from this intersection constitutes a potentially horrendous and unsafe condition for
thousands of commuters and travelers between Middleton and North Andover_
We are also concerned about the possibility of two separate access and egresses at the
Meadows as proposed in the ENF. Vehicles exiting or entering each dr-iveway to the
Meadows will be effectively competing with each other, with other drivers coming off
Sharpner Pond Road directly across the street, and with another 41,000 daily vehicles
Memorial Hall 1.'48 South Main Street • Middleton; MA 01949 1 TeL (978) 777-56 17
110-2�3-202 11: 3bVM FKUM IUWN OF M1UULLIUN 1308//d3344 1--:J
trotrolingr on Roo,., 11 Al T't ie Shaer folly W mime that all of thine movements will he
U%V V3111 Roo,., ► . it av vuwa var
safe without a signalized arid' controlled intersection.
We strongly w-ge the North Andover Board of .All-rr— -i-rtPals and tMM off rials to re vire tire"
--
installation of a signal system in accordance with iequirements of the Massachusetts
Highway Department as a condition of approval for this project.
Thank you for the opportunity to express the Town of Middleton's serious concerns
about the severe trarbo impai;u Gssot-iaac d with thiw project.
Sincerely,
Ira S. Singer
.Town Administrator
In aR..^half of the Board of Selectmen
C -C. Ms. Rosemary Connelly Smedile; Chairperson Board of Selectmen
Mr_ Mark Rees, North Andover Town Manager
The Honorable Senator Bruce Tan:
The Honorable Representative Bradley .lone
':a",e Ilonorabtc Rcpzesentat>e Bradford Hill
Massachusetts District Four Highway Director, Stephen O'Donnell
u i 2 9 2002
BOARD OF APPEALS
Valley Realty Development, LLC
978-470-8257 phone 978-470-2690 fax
October 15, 2002
William Sullivan, Chairman
North Andover ZBA
27 Charles Street
Ivor ti i Andover, MA 01845
Re: - Meadows Comprehensive Permit
Dear Mr. Sullivan:
Attached, please find a copy of a letter from the Federal Home Loan Bank of Boston to Wainwright Bank
and Trust Company approving their application for a New England Fund Advance for the Meadows.
Sincerely,
Valley Realty Development, LLC
/`NuwWaT�;O_
Karen Pollastrino
cc: Gerry -Lynn Darcy, P.M.
Bob Nicetta, Bldg Commissioner
Team Members
G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Correspondence\sullivad4.ltr
DOCT 2 8 2002
BOARD OF APPEALS P.O. Box 3039, Andover, MA 01810
September 27, 2002
Mr. Henri Soucy
Senior Vice President
Wainwright Bank & Trust Company
63 Franklin Street
Boston, MA 02110-1203
Dear Mr. Soucy:
Your recent application for a New England Fund (NEF) advance in the amount of $12,000,000
has been approved by the >:edcral Home Loan Bank of Boston (Bank) for the purpose of funding
The Meadows.
To take down the advance, contact the Bank's Money Desk at 1-800-357-3452. The rate on the
advance will be sct on the day funding is requested. When contacting the Money Desk, please
refer to the application project number N-0207. Please note that NTEF advances, like other Bank
advances, are subject to a prepayment provision and the Bank's Products Policy. The Bank
reserves the not to reprice any NEF advance not used for the approved purpose.
Based on the submitted application, this development initiative consists of 270 total units of
which 68, or 25 percent, will he affordable for households earning no more than 80 percent of the
area median income as defined by the U.S. Department of Housing and Urban Development.
Requests for amendments to the application must be submitted to the Bank in writing at least five
business days prior to drawing down the funds. All NEF funds must be used within 12 months
of approval. Unless a written request for an extension is submitted prior to expiration, the
application will be withdrawn on September 27, 2003.
Tf you have any questions, please contact Paulette Vass, community development administrator,
at 617-292-9792. You can fax amendments or requests for extensions to Paulette at
617-261-3391.
Sincerely,
OCT 2 a 2002
D
BOARD OF APPEALS
Federal Hnmr Loan Bark ns P,o�ron I t1 t Huntington Ave„vr. I Bo4ton, \4A 0210Q 1 617-292 9900 i rnx r17 -192-o645
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Bill Sullivan, Chairman
Bob Nfeetta, Bldg Commissioner
Team Members
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D LC, IIL�Jr LC, �f L5
OCT 2, 4 2002
BOARD OF APPEALS
10/`.'.4/2,002 i4:49 !78-682-6413
l l l l J,0.4,- w��_„
�nrfnvt.w c.:Ut�!'URATiC�N
'231 Sutton Street
North Andover. MA 01844
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phone (978) 687-6200
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Gonfidentiaiity Notice: The document(s) accompanying this fax contain confidential information, which its lanally nriyilAnaef Tho
•�• i..tvTwvc� uiiy for ine use of the intended recipient named above. If you are not the intended recipient, you are hereby
notified that any a igHngi_rg nnnu:wi. .e...:�...e�_ __ .. _ ._.._ _
.--ra•••b, V.•.VY4V11 �, � 6 ,nk,,,9 Oi any action in reliance on the contents of the tefecopied information
except in its direct delivery to the intended ra►cterlan� nan,erf ft ._y f..td..a..._�;� ;,__...
notify us immediately by telephone to arrange for the return of the original doCumAnfe �„� Yv u have received this fax in error, please
Oct 23 OZ U4:18p Eggleston Environmental 978-443-3262 p,Z
EGGLESTON -ENVIRONMENTAL
October 23, 2002
Mr. Scott Masse, Chairman
North Andover Conservation Commission
27 Charles Street
North Andover, MA 01845
RE: Stormwater Management Review
The Meadows Condominiums
Dear Mr. Masse and Commission Members:
Per your request, I have conducted a preliminary technical review of the Notice of Intent
(NOI) submittal package for the proposed Meadows Condominiums in North Andover,
with respect to stormwater management. Specifically, the materials I received and
reviewed included the following:
• Notice of Intent for The Meadows Condominiums, prepared by West
Environmental, Inc. in cooperation with GSD Associates and GZA
GeOEnvirOnmental, Inc. and dated August. 28, 2002.
■ Drainage Estimate Attachments, Notice of Intent Submittal, Meadows
Residential Development North Andover MA, prepared by GZA
GeoEnvironmental, Inc. and dated August 26, 2002.
■ Application for a Comprehensive Permit for The Meadows Condominiums by
Valley Realty Development, LLC, dated June 10, 2002
■ Plans entitled The Meadows Condominiums, Application for Permit from Zoning
Board of Appeals -Under MGL Chapter 40B, 17 sheets prepared for Valley
Realty Development, LLC by GSD Associates et al., dated 6-3-02
• Design plans for The Meadows, 10 sheets No GIA through C -3C, prepared by
GSD Associates and GZA GeoEnvironmental, Inc., dated 8-26-02
I also conducted a site walk at the project site with Conservation Administrator Julie
Parrino on October 2, 2002.
I am aware that the proposed project is being filed under the state Comprehensive Permit
program (M.G.L. 40B), and is not subject to the Town of North Andover Wetlands
Bylaw. I have therefore focused my review on the projects' compliance with the
55 OLD COACH ROAD
D4.2002 _
BOARD OF APPEALS
SUDBURY, MA 01776 • TELIFAx 978 443-9262
Oct 23 02 04:19p Eggleston Environmental 978-443-9262 p.3
Mr. Scott Masse
October 23, 2002
Massachusetts Wetlands Protection Act and Stormwater Management Policy. My
comments are outlined below. -
Overall Stormwater Management Approach
In its present state, the 47 -acre project site is largely undeveloped, although there has
been a good deal of soil disturbance in much of the area proposed for development.
Under typical storm conditions it is likely that relatively little surface runoff currently
leaves the site, due to its flat topography in most areas and its vegetative cover. Hence,
the wetland resources on and adjacent to the site are largely groundwater fed.
The proposed development project is comprised of 270 residential condominium units in
27 buildings. Including the associated roadways, parking areas and miscellaneous site
amenities, the project would add approximately 14 acres of impervious cover to the
project site. The Applicant is proposing to collect the runoff from approximately 80
percent of this impervious area in a conventional storm drain system with deep sump
catchbasins and convey it to five onsite detention basins for flow attenuation and
treatment. Each basin would discharge in a separate location to nearby wetlands. Flows
from the remaining 20 percent of the development would not undergo flow attenuation,
but would be routed through subsurface Stormceptor treatment units prior to discharge.
Onsite recharge of runoff flow is not being proposed, based on the limitations of the
natural soils on site and environmental concerns regarding the quality of the fill material
that has been used on the site.
My primary concems relating to this overall approach are as follows:
The proposed drainage plan represents a major change to the current hydrologic
regime of the project site, and to individual wetland resource areas on and adjacent
to the site. With 14 acres of impervious cover and no recharge, the entire volume of
flow that would normally infiltrate in this area will be discharged under post -
development conditions as surface runoff. Although the wetland systems on either
side of the development may be hydrologically connected (as is the groundwater
flow), the diversion of flow from one component to the other is likely to have
localized impacts on resource areas with respect to their drainage patterns, flushing
and sedimentation characteristics, and capacity for flood retention. In addition,
there are two vernal pools located on the site that are probably groundwater fed.
The project as proposed would divert much of the recharge away from the pools
and discharge it as surface runoff to the wetlands on the other side of the
development.
to The drainage analysis comparing pre- and post -development peak runoff flows is
based on an artificial aggregation of flows that currently discharge (and are
proposed to discharge) at multiple locations and to different resource areas. As
proposed, runoff from at least 20 percent of the project's impervious area (my
calculations indicate this number to be closer to 30 percent) would be discharged to
2
Uct 23 U2 U4:15p Eggleston Environmental U'18 -443-U262 p.4
Mr. Scott Masse
October 23, 2002
adjacent wetland resource areas with no flow attenuation, yet the impacts of doing
so are negated in the aggregated flows.
• The drainage system design provides no segregation of the relatively clean rooftop
runoff from pavement runoff on the site. Combining the two and routing all the
flow through the treatment structures reduces the overall effectiveness of the
treatment provided.
• The design plans I reviewed did not include any details of the proposed drainage
structures.
Specific comments on these and other issues as they relate to the project's compliance
with the nine State Stormwater Standards follow:
Standard #1. Untreated Stormwater
As currently proposed, all of the runoff flows from the developed areas of the project site
will undergo treatment in either the extended detention basins or Stormceptor units prior
to discharge. The adequacy of the treatment provided is addressed under Standard #4.
Standard #2. Post -Development Peak.Discharge Rates
The NOI package contains several drainage analyses, however they are not well
documented and are based on drainage areas that are inconsistent with each other and
with actual site conditions. No indication of the flow paths used in the analyses was
provided.
The TR -55 drainage analysis conducted by GLA and summarized in their August 16,
2002 letter report compares pre- and post -development peak runoff flows from three
drainage subbasins; two (subbasins #1 and #2) that encompass most of the site and all of
the proposed development, and a third drainage subbasin (#3) that includes a periphery of
the site to the west and north, and discharges toward Stearns Pond. Each ofthese
subbasim is modeled as having a single discharge point (shown in Fig. 2 of the letter
report), even though both subbasins #1 and #2 have several different discharge points
under both pre- and post -development conditions. Flours from Subbasin #1, for example,
discharge to three different wetland areas. In addition, the times of conecntration (Tc)
used in the post -development analysis do not appear to be consistent with developed
conditions, especially for subbasin #2. Finally, the TR -55 method used in this analysis
does not account for the flow attenuation provided by the proposed detention basins,
hence a comparison of pre- and post -development runoff rates cannot be made.
A separate analysis using the Army Corps of Engineers (ACOE) HEC -1 modeling
software was used to route flows through the proposed detention pond structures,
however there is no explanation of the analysis or tabulation of the input parameters and
results -- only printouts of the input and output files. (HEC- 1 is a hydrograph routing
3
Oct 23 02 04:20p Eggleston Environmental 978-443-9262 p.5
Mr. Scott Masse
October 23, 2002
model that, like the more conventional TR -20 method can be used to generate inflow and
outflow hydrographs from detention structures. A newer ACOE model, IEC -HMS has
now superceded it). The pre -development conditions were modeled using three drainage
areas .(D1, P2 and P3), but they. are not the same ones used in the TR -55 analysis or as
shown on Figure D-1. There are also inconsistencies between the two models with regard
to the total impervious area being added. The post -development files are broken into
seven drainage subareas in the runoff analysis, which seem to represent actual post -
development discharge locations. However, the output hydrographs are subsequently
combined into one to determine the "cumulative" peak Bow conditions. Furthermore,
since the pre -development and post -development analyses do not use the same drainage
areas and control points, a comparison of the runoff flows at the actual discharge sites
cannot be determined. As I indicated above, the artificial aggregation of discharge
hydrographs to determine "cumulative" peak flows does not provide a realistic portrayal
of runoff conditions.
A third hydrologic analysis, using ACOS HEC -RAS River System modeling software,
was used to assess the potential flooding impacts of a I00 -year storm on resources
downgradient of the site, specifically at Stearns Pond to the west of the site, and the
Town of Middleton wetlands to the east. While the analysis projects no appreciable
increase in hater surface elevations at these downgradient locations, it is based_ on the
flows generated in the TR -55 analysis. My continents on that analysis, therefore, are
applicable to it as well.
On the basis of these -comments it is my recommendation that the drainage analyses be
revised to include the following:
■ Plans showing existing and proposed drainage areas tributary to individual resource
areas and their associated flow paths and discharge points.
Calculations demonstrating that peak flow rates from at least the 2 -year and 10 -year
storm events will be replicated under post -development conditions on a sub -
watershed basis, using design points selected to adequately assess impact,, on
itndividualresource.areas. The design points used in the analyses should be the
same under existing and proposed conditions. Flooding impacts of the 100 -year
event should also be assessed and mitigated on the same basis.
• Calculations demonstrating that the post -development hydrologic budget will equal
the pre -development hydrologic budget for all wetland resources impacted by the
development.
• A narrative summary of existing and proposed drainage patterns, the analyses
performed, and the basis for assumptions made in the analyses.
■ The drainage analysis should also be based on site-specific soil conditions. The use
of Soil Conservation Service data is not appropriate for areas known to be landfill.
4
uct ed ue u4:eip tggieston knvironmental 1178-443 8262 P.6
Mr. Scott Masse
October 23, 2002
■ Test pit data documenting the maximum seasonal groundwater elevation in the
vicinity of the detention basins should be provided, and the storage capacity
calculations for each basin should be based on the volume of active storage above
this level_
Standard #3. Recharge to Groundwater
Onsite recharge of.stormwater flows from the project are not currently proposed, on the
basis that native soils on the site are not suited to infiltration, and environmental concerns
over the introduction of flow into the construction debris that has been used as landfill on
the site.
My concerns over the lack of onsite recharge are described above. Again, a site water
budget needs to be prepared that quantifies the volume of recharge on the site both pre -
and post -development. The limitation of existing native soils is a factor that will. affect
the pre -development condition as well —'the post .development recharge is only supposed
to equal what is already getting. into the ground.
While the concerns over induced infiltration through unsuitable fill may be well founded,
it should be possible to remove the fill in designated areas and replace it with clean,
permeable material to facilitate infiltration, or to locate infiltration facilities outside of the
fill areas.
I would also suggest that the extent of the fill material should be shown on a site map,
and further explanation of its contamination potential described.
Standard #4.80% TSS Removal
As indicated on the Stormwater Management Form, the proposed stormwater
management system for the site would utilize a street sweeping program, deep sump
catchbasins with outlet hoods, and eit% er extended .detention potids with sediment
forebays or suhsurface Stormceptor treatment units to reduce the total suspended solids
(TSS) load from onsite runoff ProAded the treatment systems are properly sized and
maintained, this system of best management practices (DWs) would meet the
requirement for at least 80% TSS removal set forth in Standard #4. My com inerts on the
design are as follows:
As indicated above, inclusion of the roof runoff in the flow through the treatment
structures effectively reduces the treatment accomplished by the BMP& Since the
detention ponds also provide flow attenuation, it may be necessary to include the
roof flows if they cannot be infiltrated. It should be possible, however, to place the
Stormceptor units in locations where they will only receive pavement runoff and
the connections from the roof drains bypass the treatment facilities.
5
Oct 23 02 04:21p Eggleston Environmental 978-443-9262 p.7
Mr. Scott Masse
October 23, 2002
Water quality volume calculations based on the required lh inch of runoff are
provided for the areas tributary to each detention pond. The total.storage provided
in each detention pond (excluding sediment forebays) should also be provided for
comparison.
The TSS removal calculations are based on the detention basins performing as
extended detention basins, e.g. with an average detention time of 24 hours for the
entire spcctrum of storm events in each year. However, it is not clear from the
calculations provided that the proposed outlet control structure, with the invert
coincident with the pond bottom, will adequately control flows from storms smaller
than those generating the '/Z -inch water quality volume. Further clarification of the
design should be provided.
■ It appears that a portion of the flow to Detention Pond 5 would bypass the sediment
forebay.
■ The labeling of the Stormceptor units for drainage areas 6 and 7 on .the .design pians
is unclear and not consistent with the.units sized in the TSS removal calculations.
Standard #5. Higher Potential.Pollutant Loads
The project proposed does not constitute any land use with higher potential pollutant
loads.
Standard #6. Protection of Critical Areas
None of the stormwater discharges from the project site are to a critical area as defined in
the stormwater standards.
Standard #7. Redevelopment
The applicant is not seeking redevelopment status for this project.
Standard #8.. Erosion and Sediment Control
Erosion and sediment control measures to be undertaken during project construction are
preliminarily addressed in the NOI submittal and depicted on sheet C -2D of the design
plans. As indicated in the N01, the project proposed will be subject to NPDES permit
compliance and will require preparation of a construction Stormwater Pollution
Prevention Plan (SWPPP). The Commission should be provided the opportunity to
review and approve the SWPPP when it is developed, including locations for temporary
sediment basins and material stockpiling. Provision for construction monitoring of the
site should also be established.
0
Oct 23 02 04:21p Eggleston Environmental 978-443-9262 p.8
Mr. Scott Masse
October 23, 2002
A discussion of construction sequencing should be provided. The timing of erosion and
sediment controls in Section 4.9 suggests that the entire development will be constructed
at once, yet phasing is referenced elsewhere.
Standard #9. Operation & MaintenancePlan
The applicant has submitted a generic O&M plan outlining measures for maintaining the
structural water quality controls on the site. While much of its content is applicable, the
Plan should more specifically address the stormwater BMPs to be implemented on the
project site and should include a schedule for maintenance and inspection of all
stormwater control structures. The Plan should also identify the ownership of the
starmwater management system as well as who will be responsible for maintenance.
Snow storage areas should be designated on the site plans and a description of the
Proposed snow management procedures for the site in accordance with the DEP Bureau
of Resource Protection snow disposal guidelines should be included in the O&M Plan.
Miscellaneous Additional Comments:
• Design details should be.provided for all drainage structures, including Stormceptor
units, catchbasins, detention basins, outlet control structures, inlet and outlet
protection, sediment forebays, and spillways.
Fhe site plans indicate that the existing l84nch culverts under the existing wetlands
crossing on the site are to be replaced; culvert analysis and design details should be
provided.
Drainage pipe sizing calculations using StonnCAD software are provided in the
NOT submittal, however there is no indication of the design basis for the analysis,
and several of the pipes are outside of the acceptable range for design velocity. The
drainage system should be sized to convey flows from a 25 -year storm event, and
all pipes should be designed with a minimum scouring velocity of 3 feet per second
(fps) and a maximum velocity of 10 fps. fn addition, the discharge of flow from the
building rooftops needs to be factored into the analysis. No roof leaders are shown
on the design _plans, and .it is unclear how they are treated in the StormCAD
analysis.
■ Calculations of catchbasin inlet capacity and gutter flow should be submitted.
= A summary of cut and fill requirements for the site should also be provided, and
Should include a discussion of how the construction fill on the site will be handled.
• The design plans and calculations for the proposed stormwater management
systems should be reviewed and stamped by a qualified professional engineer.
7
Oct 23 02 04:22p Eggleston Environmental 978-443-9262 p.9
Mr. Scott Masse
October 23, 2002
I appreciate the opportunity to assist the North Andover Conservation Commission with
the review of this project. Please feel free to contact me if you have any questions
regarding the issues addressed herein.
Sincerely,
EGGLESTON ENVIRONMENTAL
Lisa D. Eggleston, P.E.
8
-4
Town of North Andover o� "ORT#1
Office of the Zoning Board of Appeals o
Community Development and Services Division
27 Charles Street °+ •_�-�• ,�'
°RATE°
North Andover, Massachusetts 01845 4SSgc►+uSE%
D. Robert Nicetta
Building Commissioner
TO:
FAX
Telephone (978) 688-9541
Fax (978) 688-9542
FAX TRANSMISSION
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 ` a V " (9
SUBJECT: i ke� Xe d Q w -e In L � Y J) U ►M g-yi y l
NUMBER OF PAGES:
REMARKS:
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
.' 1
HP OfficeJet
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Town of North Andover o� �s4R711
Office of the Zoning Board of Appeals
Community Development and Services Division 1 400 00z
27 Charles StreetNrap
North Andover, Massachusetts 01845 4SSACHU
D. Robert Nicetta
Building Commissioner
.0,tr,f1n .
-
FAX TRANSMISSION
FAX NUMBER: 17,6- Y V- ?-& �D
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 - 30 ._ 0,0 -,--
SUBJECT:
0 -SUBJECT: Id ` �19- 0)-
NUMBER OF PAGES: 3
REMARKS:
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Telephone (978) 688-9541
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Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
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Decision on Comprehensive Permit Application
Valley Realty Development, LLC
231 Sutton Street, Suite 2E
North Andover, MA 01845
Petition No. 2002-31
PROCEDURAL HISTORY
Valley Realty Development, LLC, ("The Applicant"), is seeking a Comprehensive Permit pursuant to M.G.L. Chapter
40B, Sections 20 through 23, to construct 270 units of condominium housing of which 25% or 68 shall be set aside
as "affordable," in the Residential 2 and Industrial 1 zoning districts, located at 2357 Turnpike Street, North Andover,
MA 01845, ("the Property").
The Comprehensive Permit application was submitted to the North Andover Town Clerk's office on June 11, 2002
at 1:30pm.
The Town of North Andover Zoning Board of Appeals, after publication in The Eagle -Tribune on June 24, 2002 and
July 1, 2002 and due notice sent to all abutters and interested parties, opened a public hearing on July 9, 2002 at
the North Andover Senior Center at 120R Main Street, North Andover, MA 01845. North Andover Zoning Board of
Appeals members present were Chairman William Sullivan; Walter F. Soule, Vice Chairman; George M. Earley;
Ellen P. McIntyre; and Scott A. Karpinski. Robert Ford (Clerk), John Pallone, and Joseph D. Lagrasse were excused.
A waiver for time extension was signed at the August 13, 2002 North Andover Zoning Board of Appeals hearing by
Thomas D. Laudani, Manager for Valley Realty Development, LLC, for the Comprehensive Permit Application to be
continued and heard at a regular hearing to be held on September 10, 2002 at 7:30 p.m.; an additional waiver for
a time extension was signed on that date and also on hearing dates of October 15, 2002, October 22, 2002, October
29, 2002 and November 12, 2002.
At the July 9, 2002 North Andover Zoning Board of Appeals hearing, and at subsequent hearings held to continue
the public hearing, the Applicant was represented by Thomas D. Laudani, Manager of Valley Realty Development,
LLC, 231 Sutton Street Suite 2E -F, North Andover, MA 01845; Robert W. Levy, Esq., Eckert Seamans Cherin &
Mellott, LLC, Attorneys at Law, One International Place, 18`h Floor, Boston, MA 02110; Gregory P. Smith, AIA, GSD
Associates, Inc., 148 Main Street Building "A", North Andover, MA 01845; Dermot J. Kelly, PE, PTOE, Dermot J.
Kelly Associates, Inc., 280 Main Street, Suite 204, North Reading, MA 01864; Steven Trettel, GZA-
GeoEnvi ron mental, Inc. -Mass., One Edgewater Drive, Norwood, MA 02062; Christian Huntress, Huntress
Associates, Inc., 17 Tewksbury Street, Andover, MA 01810; and Eric Loth, Gerry -Lynn Darcy, and Karen Pollastrino,
Valley Realty Development, LLC.
Mark West, West Environmental, Inc., 122 Mast Road, Suite 6, Lee, NH 03824, represented the Applicant for matters
pertaining to the Conservation Commission, but did not appear at any Zoning Board of Appeals hearings.
The public hearing was closed on December 10, 2002.
The North Andover Zoning Board of Appeals made the following Findings of Fact and Decision subsequent to the
hearing.
These findings are based on the following submissions which include, but are not limited to, the following materials,
which are on file at the North Andover Zoning Board of Appeals and are being incorporated into this decision as a
portion of this Application for a Comprehensive Permit.
1. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North
iD � c a � v EA over, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002;
2. bit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK
JUN 2 3 200 ociates, Inc. for Valley Realty Development, LLC, November 2002;
BOARD OF APPEALS Page 1 of 19
3. Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for North Andover
Zoning Board of Appeals, August 13, 2002, with subsequent revisions;
4. Exhibit D: Certificate of Legal Existence of Applicant;
5. Exhibit E: Certified List of Abutters;
6. Exhibit F: Sample Regulatory Agreement and Deed Rider;
7. Exhibit G: Student Residential Patterns, North Andover, MA prepared by School Geographics, Inc.,
November 2002;
The Applicant submitted plans prepared by GSD Associates, Inc. dated June 3, 2002 to the North Andover Zoning
Board of Appeals with the submission of the Comprehensive Permit Application. The North Andover Zoning Board
of Appeals circulated the plan for review to the North Andover Police Department, the North Andover Fire
Department, the North Andover Conservation Commission, the North Andover Board of Health, the North Andover
Planning Board, and the North Andover Department of Public Works. Partly as a result of comments and
recommendations made by these Boards, the Applicant submitted revised plans dated December 3, 2002, which
are the final revised preliminary plans, to the North Andover Zoning Board of Appeals, which is the final plan the
North Andover Zoning Board of Appeals reviewed for the Comprehensive Permit decision. There are no outstanding
issues raised by any Town Boards. All issues have been addressed by the Applicant.
Prior to the close of the public hearing on December 10, 2002, the North Andover Zoning Board of Appeals also
received and considered the following written communications:
No. DATE RECIPIENT SENDER CONTENT/NOTES
8 08/02/02 Gerry -Lynn Darcy Valley Tim Willett, N.A. DPW Hydrant Flow Test
Realty Development, LLC
9 08/12/02 Mark Rees, Town Manager Bernice Fink, N.A. Finance Committee General
10 09/10/02 ZBA - William Sullivan
11 08/08/02 ZBA
12 09/30/02 Secretary Durand
13 08/12/02 Heidi Griffin
14 07/19/02 Board of Appeals
15 11/22/02 ZBA - William Sullivan
16 08/07/02 ZBA Chairman
17 08/09/02 ZBA
18 08/05/02 ZBA - William Sullivan
19 08/08/02 ZBA
20 09/10/02 ZBA - William Sullivan
21 09/09/02 ZBA
Valley Realty Development, LLC
Julie Parrino, N.A. Con. Comm.
Applicant's Response to Bernice
Fink's Memo
Preliminary Review
J. Lionel Lucien, Manager Mass Highway Commentary
Richard Stanley, N.A. Police Dept. Public Safety Review
Lt. Melnikas, N.A. Fire Dept.
Chief J. Dolan, N.A. Fire Dept.
Sandra Starr, N.A. Public Health
N.A. Board of Selectman
Robert Beshara, N.A. DPW
Clayton Mitchell, Town Planner
Valley Realty Development, LLC
Joseph Lagrasse
Preliminary Review
Final Acceptance of Terms and
Names
Preliminary Comments
Preliminary Comments
Preliminary Review
Preliminary Comments
Response to Comments from
Dept. Heads
General Comments on Architecture
22 09/12/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Joseph Lagrasse
Memo
Page 2 of 19
23 10/22/02
ZBA - Walter Soule
Susan Dennett
General Comments
24 10/28/02
ZBA - William Sullivan
Valley Realty Development, LLC
Response to Susan Dennett
25 10/29/02
ZBA - William Sullivan
Ira Singer, Town of Middleton
Preliminary Review
26 11/07/02
ZBA - William Sullivan
Valley Realty Development, LLC
Response to Ira Singer's Review
27 10/28/02
ZBA - William Sullivan
Joseph Lagrasse
Additional Comments
28 11/12/02
ZBA - William Sullivan
Valley Realty Development, LLC
Response to Joseph Lagrasse
Comments
29 08/07/02
ZBA - William Sullivan
Paul Kelly
Citizen Comments
30 11/11/02
ZBA - William Sullivan
Valley Realty Development, LLC
Our Response to Paul Kelly's
Comments
31 10/18/02
ZBA
Paul Szymanski
Fiscal Analysis Request
32 11/12/02
ZBA
Paul Szymanski
Proposed School Bus Stop
33 08/12/02
Town of Middleton Abutters List
Zoning Board of Appeals
Map 9 - Lot 1
34 08/12/02 ZBA - Abutters List for North Assessors Office Map 108C Parcel 33, 38, 39
Andover
35 08/30/02 MEPA Valley Realty Development, LLC Expanded Environmental
Notification Form
36 08/30/02
ZBA / MEPA
DJK Associates, Inc.
Traffic Impact and Access Study
37 10/02/02
Robert Nicetta, Building
VHB, Andrew Ogilvie
Peer Engineering Review
Commissioner
38 10/10/02
ZBA
DJK Associates, Inc.
GAP Study Trip Generations
39 12/09/02
Gerry -Lynn Darcy, Valley Realty
J. William Hmurciak, Dir. DPW
Letter regarding hydrant flow test
Development, LLC
In addition to the foregoing materials, the North Andover Zoning Board of Appeals retained Vanasse Hangen
Brustlin, Inc. (VHB) to provide a technical review of the Applicant's application, plans, and studies and to present
findings of this review to the North Andover Zoning Board of Appeals in writing. Included in this review was a review
of the Traffic Impact and Access Study prepared by DJK Associates, Inc. on behalf of the Applicant. This review was
paid for from funds received from the Applicant for this purpose.
The premises and site affected are known as 2357 Turnpike Street, North Andover, Massachusetts. The site consists
of 47.14 acres of land and 863 feet of frontage on Turnpike Street and various residential and farm structures and
kennel buildings. The site is not presently served by municipal water, sewer, or natural gas, all of which shall be
extended to the site at the Applicant's expense. All of the existing structures are to be demolished. The Project as
proposed is described as follows: Upper Meadows -192 one and two bedroom units in four steel frame buildings,
each with an elevator. Buildings 1, 2, and 3 shall have 36 units each; Buildings 1 and 2 shall have basement storage.
Building 4 shall have 84 units and a 121 car garage; Lower Meadows - 78 three bedroom townhouse style units in
27 woodframe buildings. Parking shall consist of 80 garage spaces and 154 surface spaces. Total parking at the
Upper Meadows is 428 spaces and at the Lower Meadows is 234 spaces.
The site itself is irregular in shape. Wetlands as defined by the Wetlands Protection Act MGL Chapter 131 Section
40 are found on the site. The Applicant has filed a Notice of Intent under the 310 CMR 10.00, the Wetlands
Protection Act Regulations, with the Conservation Commission on August 28, 2002, DEP File Number 242-1169,
for work to take place on the Property; and will file a Notice of Intent with the Conservation Commission for work to
take place in the public right of way along Route 114 for the installation of utilities.
Page 3 of 19
The parcel of land which is the subject of the Comprehensive Permit application is owned by Theodore Meadows
and Florence Meadows, Trustees of Meadows Realty Trust u/d/t dated October 29,1984 recorded with Essex North
District Registry of Deeds Book 1888 Page 343. The Applicant is a duly organized Massachusetts limited liability
company and has submitted the required evidence of site control to the North Andover Zoning Board of Appeals.
The current deed for the Property is recorded at the Essex North Registry of Deeds in Book 1888 Page 349. It is also
identified as Assessor's Map 108A Lot 17 and Map 108C Lots 33, 38, and 39. The site is located in Zoning Districts
Residential 2 (R-2) and Industrial 1 (1-1). The FEMA Flood Insurance Rate Map #250098-0012C dated June 2,1993
indicates that the parcel is largely located in Zone C with a small portion in Zone A.
Prior to the submission of the Comprehensive Permit application, the Applicant applied to the Federal Home Loan
Bank of Boston's NewEngland Fundfor a project eligibility letterthrough the Wainwright Bank, a participating lender
with an office in Boston, Massachusetts. Wainwright Bank reviewed the Application and issued a Project Eligibility
Letter to the Applicant on April 18, 2002. As a result of the decision by the Massachusetts Housing Appeals
Committee in Stuborn Ltd. Partnership v. Barnstable Bd. of Appeals, No. 98-01 (Decision March 5, 1999), the New
England Fund was added to the list of eligible housing programs. No other subsidy programs have been proposed
by the Applicant.
During the course of the public hearing, the North Andover Zoning Board of Appeals also heard testimony from
Dominic Terranova, Esq., who represented Nomid Trust, Joseph DiGrazia, Trustee, an abutter, and Jay Willis, Esq.,
Alfred J. Morrison, also an abutter.
In addition, various members of the North Andover Zoning Board of Appeals questioned the financial impact of the
proposed Project on the Town of North Andover, specifically with respect to the impact on the public school system.
As an accommodation to the North Andover Zoning Board of Appeals, the Applicant submitted a Fiscal Impact
Analysis and two Revised Fiscal Impact Analyses (Exhibit C) prepared using a model developed by the Natural
Resources Defense Council called Developments and Dollars - an Introduction to Fiscal Impact Analysis in Land
Use Planning, principally authored by Michael L. Siegel of Public and Environmental Finance Associates. The
original Fiscal Impact Analysis assumed 53 children would live at the Meadows. In response to questions and
comments from the North Andover Zoning Board of Appeals and the North Andover Finance Committee
representative, Bernice Fink, the Applicant revised the Analysis. The original and revised Analyses showed a positive
fiscal impact to the Town, with a final break even point in excess of 98 children.
On August 30, 2002, the Applicant submitted an Expanded Environmental Notification Form (EENF) to the Secretary
of the Executive Office of Environmental Affairs, Robert Durand, to initiate the Massachusetts Environmental Policy
Act (MEPA) review of the proposed Project. Upon completion of the review, the Secretary issued a Certificate of the
Secretary of Environmental Affairs on the Environmental Notification Form, EOEA Number 12874, on October 31,
2002, which required that an Environmental Impact Report (EIR) be provided.
In the course of the public hearing, the North Andover Zoning Board of Appeals expressed concern regarding access
to the Lower Meadows site from Route 114. In response to this concern, the Applicant has agreed to investigate the
creation of a deceleration or taper lane traveling eastbound as Route 114 approaches the access road. The
Applicant has stated that in order to create a deceleration lane, it will need permission and an easement from the
Owner of the adjacent property to relocate a driveway and permission from the Massachusetts Highway Department
to alter Route 114.
A letter dated October 29, 2002 was received from Ira Singer, Town Administrator, Town of Middleton, expressing
his concerns regarding traffic with respect to two access roads from the Property intersecting Route 114 and the
need for a traffic signal at the intersection of Sharpener's Pond Road, near the town boundary. The Applicant
submitted a response prepared by its traffic consultant, DJK Associates, Inc. to the North Andover Zoning Board of
Appeals on November 7, 2002, a copy of which was also sent to Mr. Singer. In this response was included a copy
of a letter dated September 30, 2002 from the Massachusetts Highway Department to the Secretary of the Executive
Office of Environmental Affairs, Robert Durand, in which it is stated that "the Expanded ENF included a traffic study
performed in accordance with EOEA/EOTC guidelines for traffic assessments" and that "we believe that the
Expanded ENF has adequately addressed all state highway traffic issues related to The Meadows project, and we
recommend that no further environmental review be required based on traffic issues."
In the course of the public hearing , the Applicant was notified by the North Andover Fire Department that the use
of the name "Meadows" would conflict with other residential developments in Town already using that name. The
Applicant submitted the name "Oakridge Village" for the Upper Meadows and "Maplewood Reserve" for the Lower
Page 4 of 19
Meadows to both the Fire Department and the Police Department, which approved the selection. The Project has
been renamed accordingly. However, for clarity in this written decision, the names Upper Meadows and Lower
Meadows will continue to be used in conjunction with the new names.
In addition, the Fire Department indicated that it would seek permission from the Applicant to include a radio antenna
on one of the community buildings. Another request of the Fire Department was to place portable defibrillators in
certain locations throughout the Project and provide training sessions for residents. The Applicant has agreed to
work with the Fire Department on meeting their requests.
In response to concerns from the North Andover Zoning Board of Appeals regarding trash or rubbish pickup, the
Applicant has agreed to provide a trash compactor in each unit in the Upper Meadows/Oakridge Village, two
locations for trash dumpters in the Upper Meadows/Oakridge Village, and private curbside trash pickup in the Lower
Meadows/Maplewood Reserve.
The Applicant has chosen the Citizens' Housing and Planning Association (CHAPA), as the agency to monitor the
resale of the affordable units. The Applicant has agreed with CHAPA for these services and shall sign a contract with
them to this effect.
FINDINGS
1. The Applicant. The Applicant, Valley Realty Development, LLC, is a "limited dividend organization"
as that term is used on M.G.L. Chap. 40B § 21 and 760 CMR 30.02 and shall sign a Regulatory Agreement with the
funding agency to limit profits, and is eligible to apply for and receive a comprehensive permit.
Valley Realty Development, LLC is a qualified applicant pursuant to 760 CMR 31.01 in that it is a limited dividend
organization, the Project is fundable by the Federal Home Loan Bank of Boston's (FHLB/B) New England Fund
through a participating lender, and has control of the site as that term is used in 760 CMR 31.01 in that the Applicant
has entered into a Purchase and Sale Agreement forthe acquisition of the property from Meadows Realty Trust, the
present owner.
2. Statutory Minima for Low and Moderate Income Housing. The Town of North Andover has not met
the statutory minima set forth in M.G.L. Chap. 40B § 20 or 760 CMR 31.04.
3. The Project. The Project, as shown on the final Site Plan, consists of a 192 condominium units in
four residential buildings and an additional community building on the Upper Meadows/Oakridge Village site,
including forty-five (45) one bedroom units, one hundred forty-seven (147) two bedroom units and a total of 428
parking spaces with related improvements; 78 three bedroom condominium townhouse units and a community
building on the Lower Meadows/Maplewood Reserve site, and a total of two hundred thirtyfour (234) parking spaces
with related improvements. The Project's new name is Oakridge Village (f/k/a the Upper Meadows) and Maplewood
Reserve (f/k/a the Lower Meadows).
4. Affordable Housing to be Provided. Twenty-five per cent (25%) of the units or 68 (sixty-eight) units
shall be "low or moderate income housing" as that term is defined in MGL Chap. 40B § 20. Seven (7) additional
affordable one bedroom units of the applicant's choosing shall be provided at Upper Meadows/Oakridge Village. The
final number of afford able units shall be 75 or 27.78% of the total.
The Applicant has agreed to a restriction on affordability. The duration of the affordability restriction shall
be for a term of 99 years from the date of this Decision, or, in the event of approval of the affordability restriction by
Massachusetts Department of Housing and Community Development, in perpetuity or such other term contained
in such restriction, as specified in the Conditions to this Decision.
5. Access and Traffic Issues. There shall be two means of access to and from the site: a driveway
aligned with Sharpener's Pond Road and a driveway leading to the Upper Meadows/Oakridge Village. The North
Andover Zoning Board of Appeals finds that the proposed access is properly designed and safe to accommodate
the needs of the Project for ordinary and emergency services. In addition, the North Andover Zoning Board of
Appeals finds that the Applicant has satisfactorily addressed the issues raised by the Board's consultant, VHB, with
respect to traffic issues.
Page 5 of 19
6. Support by Town Board and Agencies. During the course of the public hearings, the North Andover
Zoning Board of Appeals sought and received comments and concerns from Town boards including the Department
of Public Works, the Police Department, the Fire Department, the Conservation Commission, the Planning Board,
and the Board of Health. The Applicant has addressed these concerns adequately, and there are no outstanding
issues.
7. Waivers Granted. As part of its application for a comprehensive permit, the Applicant submitted a
list of requested waivers to the North Andover Zoning Bylaw and other Town rules, regulations and bylaws. The
North Andover Zoning Board of Appeals finds that these waivers, included herein as revised, are necessaryto make
the Project economically feasible and grants the requests.
DECISION
Based on the above findings and a 4-0 (four to zero) vote of the North Andover Zoning Board of Appeals taken on
January 14, 2003, a Comprehensive Permit for the Project, subject to the following twenty-two (22) general
conditions, thirty (30) specific conditions, and thirty-three (33) waivers, is hereby APPROVED with the following
conditions.
Comprehensive Permit Conditions
A. General Conditions
1. The site, as shown on the plan endorsed by the North Andover Zoning Board of Appeals shall not
be substantially changed, altered or reconfigured in anyway without modification to this Comprehensive Permit, after
notice and hearing by law. The following plans were prepared for the Applicant:
Prepared by Sheet Title Rev. Date
a GSD Associates, Inc. COVERSHEET 12/03/02
b GSD Associates, Inc.
SP -1
SITE BOUNDARY AND PRELIMINARY
12/03/02
SUBDIVISION PLAN
c GSD Associates, Inc.
SP -2
EXISTING SITE CONDITIONS
12/03/02
d GZA GeoEnvironmental, Inc. -Mass.
C -1A
EXISTING CONDITIONS PLAN
12/03/02
e GZA GeoEnvironmental, Inc. -Mass.
C-113
EXISTING CONDITIONS PLAN
12/03/02
f GZA GeoEnvironmental, Inc. -Mass.
C -1C
EXISTING CONDITIONS PLAN
12/03/02
g GZA GeoEnvironmental, Inc. -Mass.
C -2A
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
h GZA GeoEnvironmental, Inc. -Mass.
C-213
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
i GZA GeoEnvironmental, Inc. -Mass.
C -2C
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
j GZA GeoEnvironmental, Inc. -Mass.
C-21)
EROSION AND SEDIMENT CONTROL DETAILS
12/03/02
k GZA GeoEnvironmental, Inc. -Mass.
C -2E
STORM WATER COLLECTION SYSTEM
12/03/02
DETAILS
I GZA GeoEnvironmental, Inc. -Mass.
C -3A
UTILITY PLAN
12/06/02
m GZA GeoEnvironmental, Inc. -Mass.
C-313
UTILITY PLAN
12/06/02
n GZA GeoEnvironmental, Inc. -Mass.
C -3C
UTILITY PLAN
12/06/02
Page 6 of 19
o GSD Associates, Inc.
SP -3
PRELIMINARY SITEPLAN
12/03/02
p GSD Associates, Inc.
SP -3-1
PRELIMINARY SITEPLAN W/ EASEMENTS
12/03/02
q GSD Associates, Inc.
SP -3-2
PARTIAL - SITEPLAN
12/03/02
r GSD Associates, Inc.
SP -3-3
PARTIAL - SITEPLAN
12/03/02
s GSD Associates, Inc.
SP -3-4
PARTIAL - SITEPLAN
12/03/02
t GSD Associates, Inc.
A11-1.1
TYP. 36 UNIT BLDG. FLOOR PLANS -
12/03/02
SCHEMATIC FLOORPLANS
u GSD Associates, Inc.
Al -2.1
TYP. 36 UNIT BLDG. ELEVATIONS -
12/03/02
SCHEMATIC ELEVATIONS
v GSD Associates, Inc.
A2-1.1
TYP. 84 UNIT BLDG. FIRST FLOOR PLAN
12/03/02
w GSD Associates, Inc.
A2-1.2
TYP. 84 UNIT BLDG. SECOND AND THIRD
12/03/02
FLOOR PLAN
x GSD Associates, Inc.
A2-1.3
TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN
12/03/02
y GSD Associates, Inc.
A2-2.1
TYP. 84 UNIT BLDG. ELEVATIONS
12/03/02
z GSD Associates, Inc.
A2-2.2
TYP. 84 UNIT BLDG. ELEVATIONS
12/03/02
as GSD Associates, Inc.
A3-1.1
TYP. TOWN HOUSE FLOORPLANS
12/03/02
ab GSD Associates, Inc.
A3-2.1
TYP. TOWN HOUSE ELEVATIONS
12/03/02
ac GSD Associates, Inc.
A4-1.1
COMMUNITY BLDG. FLOORPLANS
12/03/02
2. All requirements of the New England Fund program as administered by the Federal Home Loan
Bank of Boston are to be met. The Regulatory Agreement and Declaration of Restrictive Covenants are to be
executed by the Applicant as required by the program and shall be recorded at the Essex North Registry of Deeds.
3. The number of units to be constructed under this Comprehensive Permit is two hundred seventy
(270). The affordable units shall comprise twenty-five per cent (25%) of the total or sixty-eight (68) units which shall
be indistinguishable from the outside from the market rate units. The Applicant shall endeavor to not locate any two
affordable units contiguous to each other, unless the design of the buildings makes locating the 75 affordable units
in this manner unattainable. The utilities, equipment, fixtures, and appliances in the affordable units shall be the
same as those in the standard market rate units at time of first conveyance. This shall not be construed to prevent
buyers of standard market rate units from upgrading the utilities, equipment, fixtures, and appliances, among others,
in those units.
4. The Applicant has agreed to provide, in excess of the 25% minimum requirement, seven (7)
additional one bedroom units of its choosing, to be located in The Upper Meadows/Oakridge Village. The total
number of affordable units equals seventy-five (75) and the total affordable units comprise 27.78% of the 270 units
approved.
5. All affordable units are to be sold through a lottery process in accordance with Massachusetts
Department of Housing and Community Development guidelines. All fees and facilitation are to be the responsibility
of the Applicant. Seventy percent (70%) of the affordable units shall be set aside for North Andover residents
according to a policy to be developed by the Applicant in conjunction with the Town of North Andover Community
Development Department, and approved by the North Andover Zoning Board of Appeals.
Page 7 of 19
6. Occupancy for each unit is expected to take place as soon as is reasonably practicable after
completion of construction, issuance of Certificate(s) of Occupancy by the building commissioner and conveyance
to individual unit owners.
7. During construction, all local, state and federal laws and regulations shall be followed regarding
noise, vibration, dust and blocking Town ways. At all times, the Applicant shall use reasonable means to minimize
inconvenience to the residents in the area.
8. The Applicant shall comply with all bylaws, rules and regulations, and codes pertaining to the
development of the site, unless expressly waived herein.
9. Before beginning any construction under this Comprehensive Permit, other than site work, the
Applicant shall furnish evidence to the Building Commissioner that this decision and the plans with the revisions
necessitated by this decision, have been recorded with the Essex North Registry of Deeds. All plans shall include
either an Engineer's or an Architect's stamp, as appropriate. Documentation of recording, including either a
document number or a book and page number shall be provided to the Building Commissioner.
10. A certificate of insurance, naming the Applicant as the named insured, which shall include coverage
for general liability in an amount not less than $1,000,000, automobile liability, umbrella coverage, and Workmen's
Compensation, shall be submitted to the North Andover Zoning Board of Appeals, prior to the beginning of
construction, including site preparation.
11. Prior to obtaining a building permit, the Applicant shall submit to the North Andover Zoning Board
of Appeals for review and to the Building Commissioner for approval of final construction drawings and A final site
plan signed by a Registered Architect and a Registered Engineer, as appropriate.
12. The Building Commissioner shall be the authorized agent of the North Andover Zoning Board of
Appeals and/or the Town of North Andover for the purposes of enforcement of any of the conditions, restrictions,
or requirements of the comprehensive permit and is authorized to enforce any of these provisions in the Superior
Court of the Commonwealth.
13. The comprehensive permit is granted based on the Application and no use and no other
improvements substantially different from those contemplated by the Project Plan shall be deemed permitted by
virtue of the granting of the comprehensive permit.
14. The comprehensive permit shall run with the land.
15. The comprehensive permit shall become void in the event the Applicant does not obtain a building
permit in connection with the Project within three (3) years after the later of the date of (a) recording of this Permit
by the Applicant with the Essex North Registry of Deeds or (b) the issuance of an Order of Conditions, which is not
subject to an appeal or contest.
16. Any substantial deviation from the Project Plan shall require the approval of the North Andover
Zoning Board of Appeals, as determined by the Building Commissioner.
17. The Applicant shall not be permitted to receive a building permit (other than for the community
building and site work) until such time as the Applicant has executed and delivered a Regulatory Agreement
substantially in the form as shown in Exhibit F (the Regulatory Agreement). The North Andover Zoning Board of
Appeals acknowledges that the form of the Regulatory Agreement may be revised with respect to the details of
reporting and similar requirements regarding the methods of achieving and monitoring compliance with substantive
goals, based upon review of the form by the monitoring agent to be selected.
18. The waivers from all local bylaws, rules, and regulations granted are attached. All other bylaws,
rules, and regulations remain in full force and effect. The Applicant shall pay all fees required for this property. No
municipal fees are waived unless expressly stated in this decision.
19. The Project shall comply with all applicable state and federal regulations including but not limited
to State Building Code, State Sanitary Code, Architectural Access Board Regulations, and Plumbing, Electrical and
Fire Codes.
Page 8 of 19
20. The Applicant shall submit for the North Andover Zoning Board of Appeals' review and comment
a construction mitigation plan that shall include, but not be limited to, measures to control erosion and sedimentation,
tree and brush clearing, grading and general site mitigation measure.
21. To the extent permitted by the law, residents of the Town of North Andover are to be granted a local
preference forthe affordable units. In no case shall local preference be granted for more than seventy per cent (70%)
of the affordable units.
22. Handicap accessibility shall be governed by the Massachusetts Architectural Board Rules and
Regulations, 521 CMR.
B. SPECIFIC CONDITIONS
1. The Applicant shall be responsible forthe snow removal, trash removal, rubbish removal, recyclable
materials removal, road maintenance, and storm drainage maintenance on the property until such time as the
organization of unit owners for the condominium assumes those obligations, which shall be stated in the
condominium rules and regulations.
2. The Applicant shall develop and sell these units as condominiums and not as rental units. The rules
and regulations of the condominium shall contain a provision which is not less restrictive than the following:
Any lease or rental of a unit by a Unit Owner, other than by the Declarant, shall be subject to the following
conditions:
a. Such lease or rental agreement shall be in writing;
The lease or rental agreement shall apply to the entire unit, and not a portion thereof;
C. The term of the lease or rental agreement shall be for a term of not less than six (6) months;
d. The occupancy of the unit shall be for not more than two (2) unrelated people;
e. The lease or rental agreement shall expressly provide that the lease or rental is subject to
the Master Deed, the Organization of Unit Owners and the Rules and Regulations of the
Condominium; and
A copy of the lease or rental agreement shall be provided to the Organization of Unit
owners.
Leasing or renting of the affordable units shall be prohibited, except as governed by the
provisions of the Regulatory Agreement and Deed Rider.
3. The Applicant shall develop a preference policy for sale of the affordable units in conformance with
guidelines established by the Massachusetts Department of Housing and Community Development (DHCD). The
Applicant shall work with the Town of North Andover towards this goal.
4. The Applicant shall hire as an outside monitoring agency Citizens' Housing and Planning Association
(CHAPA).
5. Twenty-five percent (25%) of the total units in the Project shall be available for purchase by persons
whose income is no more than 80% of the area median as determined by the U.S. Department of Housing and
Urban Development. In addition, the seven (7) additional affordable one bedroom units of the applicant's choosing
which are to be provided at Upper Meadows/Oakridge Village also shall be available for purchase by persons whose
income is no more than 80% of the area median as determined by the U.S. Department of Housing and Urban
Development. The total number of affordable units equals 27.78%. These affordable units shall be mixed with and
indistinguishable from market rate units throughout the buildings in the Project. A list of the affordable unit numbers
and a plan showing their location shall be submitted to the Building Commissioner at the time of application for a
building permit and to the North Andover Zoning Board of Appeals for their file.
Page 9 of 19
Before any unit is sold in the Project, the Applicant shall submit to the North Andover Zoning Board of
Appeals the proposed form of Deed Rider to be attached to and recorded with the Deed for each and every
affordable unit in the Project at the time of each sale and resale, which Deed Rider shall restrict each unit in
accordance with this requirement in perpetuity in accordance with the requirements of MGL Chap. 184 §§ 31-33.
Prior to submitting the proposed Deed Rider to the North Andover Zoning Board of Appeals, the Applicant shall use
its best efforts to obtain any necessary governmental approvals for such a deed restriction in perpetuity. In the event
that the Department of Housing and Community Development (formerly the Executive Office of Communities and
Development, EOCD) ("DHCD") is required by law to approve but declines to approve the perpetual restriction, the
proposed Deed Rider shall set forth a period of affordability which shall be the longest period allowed by law and
approved by the DHCD, but in no case less than ninety-nine years as offered by the Applicant. In this event, the
Applicant shall submit to the North Andover Zoning Board of Appeals written evidence of the Applicant's efforts to
secure approval of the perpetual restriction, the written denial thereof, and the grounds for denial, IF PROVIDED;
and the Applicant shall also grant to the Town of North Andover or its designee in the Deed Rider a right of first
refusal, in a form mutually acceptable to counsel for the Applicant and to Town Counsel, covering each and every
affordable unit in the Project effective upon the expiration of the affordability period.
6. There shall be four (4) residential buildings containing 192 units in the Upper Meadows/Oakridge
Village plus a community building. In addition, seven (7) additional one bedroom units of the Applicant's choosing
shall be provided in the Upper Meadows/Oakridge Village. There shall be a total of 428 parking spaces in the Upper
Meadows/Oakridge Village
There shall be twenty-seven (27) residential buildings containing 78 units in the Lower Meadows/Maplewood
Reserve and a community building. There shall be a total of 234 parking spaces in the Lower Meadows/Maplewood
Reserve. The total number of parking spaces shall be 662 for an overall parking ratio of 2.45 parking spaces per
unit.
The total number of affordable units shall be 75 (68 plus 7) for an overall ratio of 27.78%.
7. The Applicant shall provide handicapped accessible curb cuts at all locations where sidewalks cross
over streets on the site.
8. The Applicant shall provide two dumpsters located on the site in the Upper Meadows/Oakridge
Village as shown on the final revised preliminary plan. The Lower Meadows/Maplewood Reserve will have scheduled
curbside trash pickup.
9. The Applicant shall provide snow storage locations on the site as shown on the final revised
preliminary plan.
10. There shall be two driveways to the site as shown on the final revised preliminary site plan.
11. There shall be master fire alarm box(es) as required by state code.
12. All buildings shall be equipped with a sprinkler system as per State regulations and building code.
13. The Applicant shall submit evidence of receipt of a Massachusetts Highway Department Permit for
entrance onto Route 114/Turnpike Street before a building permit is issued.
14. A fire protection system shall be designed by a licensed fire protection engineer and approved by
the North Andover Fire Department.
15. The execution of Form "U" by the North Andover Department of Public Works shall constitute
approval acceptable to the North Andover Zoning Board of Appeals relative to all on- and off-site drainage and utility
issues, including, but not limited to gas, sewer, water, etc.
16. Cross connection details and proper backflow information regarding water tie-ins and the type and
size of water services shall be provided and approved by the North Andover Department of Public Works; such
approval shall not be unreasonably withheld and shall be issued in a timely fashion.
Page 10 of 19
17. Installation and maintenance of the sewer conduits, both force main and gravity, and the sewer
pumping station, shall be the responsibility of the Applicant and subsequent condominium association until such time
as the Town of North Andover requests a legal transfer to the Town. The Applicant or the condominium association
shall transfer the ownership of the sewer, in whole or in part, to the Town of North Andover at no cost. The sewer
pumping station shall remain privately owned.
18. The Applicant shall provide details on the sewer main and sewer services including profiles of the
utility to the North Andover Department of Public Works.
19. Drawings and specifications of the sewer conduits, sewer connections, and sewer pumping station
design shall be submitted to the North Andover Department of Public Works for review.
20. All artificial lighting used to illuminate the exterior premises shall be arranged and shielded so as
to prevent direct glare from the light source into any public street or private way or onto any adjacent property.
21. Screening and landscaping shall be substantially in compliance with the plan provided.
22. A drainage system maintenance manual shall be provided to the North Andover Department of
Public Works.
23. A report by a Professional Engineer accompanied by certified As -Built plans of the construction of
the drainage improvements shall be submitted to and accepted by the North Andover Department of Public Works
prior to the issuance of any building permit other than a foundation permit or a building permit for the construction
of the community building.
24. This Comprehensive Permit is conditional on the Applicant obtaining fee simple interest in the
Property.
25. Whenever residents of the Project are eligible for school busing, the bus shall pick up and discharge
students at the community building at Upper Meadows/Oakridge Village only.
26. The Applicant shall provide a connection to the Harold Parker State Forest trail in Lower
Meadows/Maplewood Reserve in the proximity of the community building. The boundary line between the State
Forest and the site shall be identified with markings and small signs.
27. Prior to the commencement of construction, the Applicant shall post security to cover the cost of the
road opening within the public right of way, including the water and sewer connections, in the amount to be
determined by the North Andover Department of Public Works, in the form of a letter of credit or other security
agreed to by the Applicant and the North Andover Zoning Board of Appeals.
28. The Applicant shall install a conduit which is intended to serve a future traffic signal, should such
signal be installed by the Massachusetts Highway Department, at the intersection with Sharpener's Pond Road. The
conduit shall extend to the limit of the property in the vicinity of the driveway which accesses the Lower
Meadows/Maplewood Reserve, and shall have a pull box at each end.
29. Upon receipt of building permits associated with the 75 affordable units, the Applicant shall
contribute an amount equal to the water and sewer connection fees for the 75 affordable units, which is to be placed
in the North Andover Department of Public Works "Water Supply Improvement" fund. This amount is to be equal to
the water and sewer connection fees for the affordable units which are waived by the North Andover Zoning Board
of Appeals as part of this decision.
30. Upon completion of the project construction and 80% occupancy of the project units, the Applicant
shall commission at its own expense a revised Traffic Impact and Access Study inclusive of the "Little Professionals"
project, as currently proposed. This study shall be supplied to the North Andover Zoning Board of Appeals for the
information. The results of this revised Traffic Impact and Access Study are for informational purposes only.
Furthermore, the Applicant shall have no obligation as a result of this study other than the payment to have this study
completed.
Page 11 of 19
Page 12 of 19
Approved Waivers to the By -Laws and Regulations
in Effect in the Town of North Andover
For the
Approved
270 Unit Residential Housing Project
To be known as
The Meadows (now known as "OAKRIDGE VILLAGE" and "MAPLEWOOD
RESERVE")
at 2357
Turnpike Street, North Andover, Massachusetts
Based on final revised plans and drawings prepared by GZA GeoEnvironmental, Inc. -Mass. and plans and drawings
prepared by GSD Associates, Inc.
including
Prepared by
Sheet
Title
Rev. Date
a
12/03/02
GSD Associates, Inc.
COVERSHEET
b
GSD Associates, Inc.
SP -1
SITE BOUNDARY AND PRELIMINARY
12/03/02
SUBDIVISION PLAN
c
GSD Associates, Inc.
SP -2
EXISTING SITE CONDITIONS
12/03/02
d
GZA GeoEnvironmental, Inc.=Mass.
C -1A
EXISTING CONDITIONS PLAN
12/03/02
e
GZA GeoEnvironmental, Inc. -Mass.
C -1B
EXISTING CONDITIONS PLAN
12/03/02
f
GZA GeoEnvironmental, Inc. -Mass.
C -1C
EXISTING CONDITIONS PLAN
12/03/02
g
GZA GeoEnvironmental, Inc. -Mass.
C -2A
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
h
GZA GeoEnvironmental, Inc. -Mass.
C-213
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
i
GZA GeoEnvironmental, Inc. -Mass.
C -2C
SITE DEVELOPMENT AND GRADING PLAN
12/06/02
j
GZA GeoEnvironmental, Inc. -Mass.
C -2D
EROSION AND SEDIMENT CONTROL DETAILS
12/03/02
k
GZA GeoEnvironmental, Inc. -Mass.
C -2E
STORM WATER COLLECTION SYSTEM
12/03/02
DETAILS
I
GZA GeoEnvironmental, Inc. -Mass.
C -3A
UTILITY PLAN
12/06/02
m
GZA GeoEnvironmental, Inc. -Mass.
C -3B
UTILITY PLAN
12/06/02
n
GZA GeoEnvironmental, Inc. -Mass.
C -3C
UTILITY PLAN
12/06/02
o
GSD Associates, Inc.
SP -3
PRELIMINARY SITEPLAN
12/03/02
p
GSD Associates, Inc.
SP -3-1
PRELIMINARY SITEPLAN W/ EASEMENTS
12/03/02
q
GSD Associates, Inc.
SP -3-2
PARTIAL - SITEPLAN
12/03/02
r
GSD Associates, Inc.
SP -3-3
PARTIAL - SITEPLAN
12/03/02
s
GSD Associates, Inc.
SP -3-4
PARTIAL - SITEPLAN
12/03/02
t
GSD Associates, Inc.
Al -1.1
TYR 36 UNIT BLDG. FLOOR PLANS -
12/03/02
SCHEMATIC FLOORPLANS
u
GSD Associates, Inc.
Al -2.1
TYR 36 UNIT BLDG. ELEVATIONS -
12/03/02
SCHEMATIC ELEVATIONS
Page 12 of 19
v .
GSD Associates, Inc.
A2-1.1
TYP. 84 UNIT BLDG. FIRST FLOOR PLAN
12/03/02
w
GSD Associates, Inc.
A2-1.2
TYP. 84 UNIT BLDG. SECOND AND THIRD
12/03/02
FLOOR PLAN
x
GSD Associates, Inc.
A2-1.3
TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN
12/03/02
y
GSD Associates, Inc.
A2-2.1
TYP. 84 UNIT BLDG. ELEVATIONS
12/03/02
z
GSD Associates, Inc.
A2-2.2
TYP. 84 UNIT BLDG. ELEVATIONS
12/03/02
as
GSD Associates, Inc.
A3-1.1
TYP. TOWN HOUSE FLOORPLANS
12/03/02
ab
GSD Associates, Inc.
A3-2.1
TYP. TOWN HOUSE ELEVATIONS
12/03/02
ac
GSD Associates, Inc.
A4-1.1
COMMUNITY BLDG. FLOORPLANS
12/03/02
and based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the zoning waivers
described herein are granted.
The Applicant has received a Project Affordability Letter from Wainwright Bank as a participating lender in the
Federal Home Loan Bank's New England Fund, which is a federally subsidized fund, to develop and construct 294
units of housing, of which 25% or 74 units were to be set aside as affordable housing. Since the receipt of the
project affordability letter, the proposed Project has been revised to a total of 270 units of housing, of which 25% or
68 units are to be set aside as affordable housing under the minimum state guidelines. An additional seven (7)
affordable one bedroom units of the Applicant's choosing are to be provided at Upper Meadows/Oakridge Village,
for a total of 75 affordable units or 27.78%.
The proposed Project is located at 2357 Turnpike Street in North Andover. The site is presently occupied by a
number of kennels, fenced dog runs, and residential structures; however, the majority of the site is vacant and
unbuilt. The new use, which shall be known as Oakridge Village and Maplewood Reserve, shall involve the
demolition of the existing buildings and the construction of new residential, common, utility and garage buildings and
related parking areas as indicated on the site plan. The site is located in two zoning districts, Industrial 1 (1-1) and
Residential 2 (R-2). Multi -family dwellings are not allowed by right in 1-1 and R -2 districts. In addition to market rate
and affordable housing, the Applicant shall also provide 662 parking spaces, including garages, and landscape the
site. The proposed affordable housing shall require the following waivers from the North Andover Zoning By -Law.
Waivers Required from the Zoning Bylaw
Based on the final revised preliminary site plan dated December 3, 2002 prepared by GSD Associates, Inc. and
based upon the Zoning Bylaw as amended through the Annual Town Meeting of 2002, the Project is granted the
following waivers.
1. Section 1 - Purposes:
A Waiver is granted from this section where the regulations vary and/or in conflict with the regulations as
provided by Chapter 40-B of the General Laws of the Commonwealth of Massachusetts, which shall govern
this Application, where they are in conflict.
2. Section 4 - Buildings and Uses Permitted:
Page 13 of 19