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HomeMy WebLinkAboutMiscellaneous - Exception (585)0 0 0 0 .,F ;. ` L,. . f , _ .$ a- �( •r ��,� �� vJ r� �� Valley Realty Development, LLC 978-470-8257 phone 978-470-2690 fax Agenda November 12, 2002 Public Hearing The Meadows Comprehensive Permit Application ✓ New Name for Meadows (approved by Fire Dept. and Police Dept.) „School Children (presented by Craig Mitchell/School Geographics) Fiscal Analysis (updated from November 7, 2002) (presented by Eric LothNalley Realty Development/LLC) Response from Paul Szymanski/North Andover School Department regarding school bus drop-off area C)Architectural Design (updated from October 29, 2002) (presented by Greg Smith/GSD Associates -Architects, Inc. ✓Reply to Paul Kelly letter, vReply to Joseph Lagrasse memo P.O. Box 3039, Andover, MA 01810 BOARD OF APPEALS Valley Realty Development * PO Box AOS, N. Andover, MA o1845 * (978) 227-6540 Date: 11/12/02 To: Zoning Board of Appeals From: Gerry -Lynn Darcy Re: Project Name cc: W. Dolan, C. Huntress, D. Kelly, T. Laudani, A. Melnikas, L. Minicucci, K. Pollastrino, G. Smith, S. Trettel, M. West I am happy to announce that we have finally come up with names that appear to be acceptable to the NA Fire Department according to Lt. Melnikas. They are as follows. "Oakridge Village" "Maplewood Reserve" DNOV 12 zooz BOARD OF APPEALS Upper Site Lower Site North Andover Public Schools North Andover, Massachusetts 01845 November 12, 2002 Mr. William Sullivan, Chairman Zoning Board of Appeals Community Development & Services 27 Charles Street North Andover, MA 01845 Subject: "The Meadows" Residential Housing Project Dear Mr. Sullivan: I have reviewed the plans for 270 units of residential housing located off of Route 114 on the North Andover/Middleton line. It is my understanding that you proposed a plan that would have the school bus enter the project to pick-up students at the Community Building in the Upper Meadows. We appreciate your concern for the safety of our school children and, therefore, find the proposed plan acceptable to the School Department. Please feel free to contact me directly if you should have any further questions regarding this matter. Si ely, Paul P. Szymanski Director, Management Support Services NOV 11212 0 012 @9bFtEcbRRJ)W9ad, North Andover, Massachusetts 01845 (978) 794-1503 FAX (978) 794-0231 Prepared by Eric Loth/Valley Realty Development, LLC Scenario 3: Double the Expected Number of School Age Children Cost to School District Associated with Meadows Current Total Spending $ 27,241,804.00 $ 5,702,951.00 State Aid $ (6,274,981.00) Cost to Town $ 26,669,774.00 Current Number of Students 4190 Current Spending Per Student $ 6,365.10 New Students 98 * see below Total Spending due to Meadows $ 623,779.92 Operating Revenues Associated with Meadows Property Value Of Development $ 65,000,000.00 School Mill Rate 0.008957 Total Property Taxes from Development $ 582,205.00 Net Fiscal Impact on School District of Development Property Tax Revenue from Meadows Applied to Schools $ 582,205.00 Total School Costs of Meadows $ (623,779.92) Net Fiscal Impact on School District $ (41,574.92) Summary- Net Positive Fiscal Impact Gross Revenue of Meadows $ 1,004,849.23 Non School Costs of Meadows $ (379,032.86) New Meadows School Costs $ (623,779.92) Net Positive Impact of Meadows $ 2,036.45 * Double the anticipated 49 children. 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D L O a .Q a y C E E /O V O .Id v d — O trt .a C D 0 i d L O >M O W a o � = m CL Z � � ,Q a .� L CL L° H € O O Z N W € S J Z W W C9 p w it Z 2 W 0 V C7W O> Z X Z N W C9 0 d J a p p 0 Q W W V N OC O d d g = Z Z W W O 'j d 9 S d 0 W N co V in to 1� as V O o O O O O O o O Q co m o o a o a a o o a WAS O O o O O O C O O M O N 400 rr 000 O N r M 000 �r r •!� r CL IA M IL H € O O Z N W € S J Z W W C9 p w it Z 2 W 0 V C7W O> Z X Z N W C9 0 d J a p p 0 Q W W V N OC O d d g = Z Z W W O 'j d 9 S d 0 W N co V in to 1� as N O O N L d 0 V- g 9 0 V c t 0 6 C V Q W J W D W y 0Luw m W O w °' z 0 � N a a ; O v P $ Z' o t H o o a o 0 0 0 D v t m o o O o 0 0 0 _m m 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 co N r O r N r r O M ' CL Is z 0 V fA Q W J W D W y 0Luw m W O w °' z 0 � N a a ; O v P fA $ Z' o t E v t Prepared by Eric Loth/Valley Realty Development, LLC Meadows Fiscal Impact Analysis Town Budget Expenditures 2002 -Excluding Schools Expenditure Category General Government Public Safety Public Works Fixed Expenses (50%) Health and Human Services Culture and Recreation Capital and Reserves Dollar Amount $ 2,177,526.00 $ 6,759,028.00 $ 3,578,137.00 $ 5,702,951.00 $ 640,641.00 $ 747,549.00 $ 1,597,160.00 Total Expenditures $ 21,202,992.00 Budget 2002 Town Warrant Residential Versus Non -Residential Parameters for Community Assessed Value of Taxable Real Property $ 2,601,799,700.00 (Assessors Certification Dec. 2000) Residential Assessed Value $ 2,166,414,538.20 Residential Value Percentage 83.27% (per Town Assessor 2001) Non -Residential Value Percentage 16.73% Percentage above indicates actual property tax receipts from 2001. 83.27% of all receipts were from residential sources. 16.73% of receipts were from commercial sources. Allocation of Expenditures Excluding Schools to Land Uses Expenditure Category Residential 83.266% Non -Residential 16.734% General Government Public Safety Public Works Fixed Expenses Health and Human Services Culture and Recreation Capital and Reserves Total Expenditures APR 2 4 2009 BOARD OF APPEALS $ 1,813,138.80 $ 364,387.20 $ 5,627,972.25 $ 1,131,055.75 $ 2,979,371.55 $ 598,765.45 $ 4,748,619.18 $ 954,331.82 $ 533,436.14 $ 107,204.86 $ 622,454.15 $ 125,094.85 $ 1,329,891.25 $ 267,268.75 17,654,883.32 $ 3,548,108.68 MeadowsFiscallmpactrevisionl Sheetl 4/24/2003 9:30 AM Prepared by Eric LothNalley Realty Development, LLC Per Capita Expenditures or Cost Expenditure Category Per Capita 31,386,766.48 Per Worker 6,307,810.52 Total Population Census 2000/ $ 27,202 $ 19,175 Total Workforce per MA. DET $ 2,841,752.84 $ 571,108.16 General Government $ 66.65 $ 19.00 Public Safety $ 206.90 $ 58.99 Public Works $ 109.53 $ 31.23 Fixed Expenses $ 174.57 $ 49.77 Health and Human Services $ 19.61 $ 5.59 Culture and Recreation $ 22.88 $ 6.52 Capital and Reserves $ 48.89 $ 13.94 Total Expenditures $ 649.03 $ 185.04 Operating Costs Associated with Meadows Per Capita Costs $ 649.03 Population of Meadows 584 Total Costs $ 379,032.86 `'( 1 per 1 bdrm, 2.07 per 2 bdrm, 3.01 per 3bdrm American Housing Survey 1987) Total Town Revenue 2002 Annual Town Budget Revenue Source Dollar Amount Property Taxes $ 37,694,577.00 Local Receipts $ 5,784,554.00 Intergovernmental $ 3,412,861.00 (Not Including State School Funds) Interfund Operating Transfers $ 760,774.00 Miscellaneous Revenue $ 220,000.00 Total Revenues $ 47,872,766.00 Budget 2002 Town Warrant Allocation of Revenues to Residential and Non -Residential Land Uses Revenue Source Residential 83.266% Non -Residential 16.734% Property Taxes $ 31,386,766.48 $ 6,307,810.52 Local Receipts $ 4,816,566.73 $ 967,987.27 Intergovernmental $ 2,841,752.84 $ 571,108.16 Interfund Operating Transfers $ 633,466.08 $ 127,307.92 Miscellaneous Revenue $ 183,185.20 $ 36,814.80 Total Revenues $ 39,861,737.34 $ 8,011,028.66 MeadowsFiscallmpactrevisionl Sheetl 4/24/2003 9:30 AM Prepared by Eric Loth/Valley Realty Development, LLC Scenario 2: Regional Average Number of Children per Bedroom in All Classes of Housing Cost to School District Associated with Meadows Current Total Spending State Aid Cost to Town Current Number of Students Current Spending Per Student New Students Total Spending due to Meadows $ 27,241,804.00 $ 5,702,951.00 $ (6,274,981.00) $ 26,669,774.00 (509,208.10) 4190 $ 6,365.10 116,608.28 80 " see below $ 509,208.10 Operating Revenues Associated with Meadows Property Value Of Development $ School Mill Rate Total Property Taxes from Development $ Net Fiscal Impact on School District of Development Property Tax Revenue from Meadows Applied to Schools Total School Costs of Meadows Net Fiscal Impact on School District 65,000,000.00 0.008957 582,205.00 $ 582,205.00 $ (509,208.10) $ (379,032.86) $ 72,996.90 Summary- Net Positive Fiscal Impact Gross Revenue of Meadows $ 1,004,849.23 Non School Costs of Meadows $ (379,032.86) New Meadows School Costs $ (509,208.10) Net Positive Impact of Meadows $ 116,608.28 " 573 Bedrooms X.14 (see Children per Bedroom in Region) MeadowsFiscallmpactrevision1 Sheet1 4/24/2003 9:30 AM Prepared by Eric LothNalley Realty Development, LLC Summary- Net Positive Fiscal Impact Gross Revenue of Meadows Non School Costs of Meadows New Meadows School Costs Net Positive Impact of Meadows $ 1,004,849.23 $ (379,032.86) $ (311,889.96) $ 313,926.41 "School Mill Rate Take educational expenses, $26669774 X .83266 (percent residential in town per NA assessor) $2220682.5 Divide by $31386766 which is prop tax revenue $37694577 X .83266(res. %) so then .707521 X $12.66 (Mill Rate) =$8.957 (School Mill Rate) MeadowsFiscallmpactrevision1 Sheet1 4/24/2003 9:30 AM Prepared by Eric Loth/Valley Realty Development, LLC Net Fiscal Impact of Meadows Excluding Schools Total Revenues Generated $ 1,004,849.23 Total Costs of Development $ 379,032.86 Net Fiscal Impact $ 625,816.37 Anticipated Number of School Age Children In Meadows Unit Size Number of Units School Age Children per Unit* Total School Age Children All 270 0.182 49 Total School Age Children in Meadows 49.00 "(School Geographics 2002 Students Residential Patterns Properties of 30 or more Units Average .182) Cost to School District Associated with Meadows Current Total Spending $ 27,241,804.00 Budget 2002 Fixed Expenses $ 5,702,951.00 State Aid $ (6,274,981.00) Cost to Town $ 26,669,774.00 Current Number of Students Current Spending Per Student New Students Total Spending due to Meadows Operating Revenues Associated with Meadows Property Value Of Development $ School Mill Rate Property Taxes from Development to Schools $ Net Fiscal Impact on School District of Development Property Tax Revenue from Meadows Applied to Schools Total School Costs of Meadows Net Fiscal Impact on School District 4190 October 2001 report to Dept. of Education 6,365.10 49 311,889.96 65,000,000.00 0.008957 "(below) 582,205.00 $ 582,205.00 $ (311,889.96) $ 270,315.04 MeadowsFiscallmpactrevision1 Sheet1 4/24/2003 9:30 AM Prepared by Eric Loth/Valley Realty Development, LLC Revenue Source Gross Revenue Per Capita and Per Worker Per Capita Per Worker Local Receipts $ 177.07 $ 50.48 Intergovernmental $ 104.47 $ 29.78 Interfund Operating Transfers $ 23.29 $ 6.64 Miscellaneous Revenue $ 6.73 $ 1.92 Total Revenues $ 311.56 $ 88.82 Property Value of Meadows Local Tax Rate Property Taxes Generated By Meadows 65,000,000.00 (developer estimate) 0.01266 (Annual Town Report) Total Property Taxes $ 822,900.00 Property value based on market rate units and affordable units. Affordable units valued at projected actual sale prices. Other Revenues Generated by Meadows Per Capita Residential Per Capita Revenues Population of Meadows Total All Other Revenues Property Tax Revenue Total Other Revenues Total Revenues $ 311.56 $ 584.00 $ Total Revenues Generated By Meadows $ 822,900.00 $ 181,949.23 $ 1,004,849.23 181,949.23 MeadowsFiscallmpactrevision1 Sheet1 4/24/2003 9:30 AM D� NO Valley Realty Development, LLC 978-470-8257 phone 978-470-2690 fax November 11, 2002 William Sullivan, Chairman North Andover ZBA 27 Charles Street North Andover, MA 01845 Re: Meadows Comprehensive Permit, Kelly comments Dear Mr. Sullivan: You have asked us to address the comments made by Paul Kelly received by you in August. I apologize for the delay in responding. Mr. Kelly refers to the Town's efforts to preserve open space; however, 2357 Turnpike Street has not been purchased by the Town. The owner is seeking to sell the land anti we are seeking to buy it. He also states that we are corralling 800 or so people in four buildings. This is not true - the Upper Meadows is designed to be tour garden style buildings wit i a total of 192 one and two bedroom units; the L'.0wer Meadows is designed to be. 78 townhouses with three bedroom units. Three and four story buildings are not only not unusual for North Andover, they are common and can be found at Heritage Green, Royai�Crest, and Sutton Pond, among others. A four story building is a misnomer, since the "fourth" story is actually attic space and not an additional fourth story under the attic. There are actually 662 parking spaces, not 753, an error which we corrected with you during the summer. Of these, 201 are garage spaces and the balance are surface parking. The ratio of spaces to units was . designed to alleviate the ZBA's concerns about parking and in an effort to meet market demand; surface parking is scattered throughout the site. Of the 47+ total acres, nearly 36 acres will be open space, which is a ratio of 75% open space to 25% built space. Storage will be provided; some areas will be landscaped and others will remain natural. The Meadows will be created as condominiums; each condominium owner will pay a monthly condominium fee to cover the cost of operation and reserves. At the onset, the condominium will be managed by us; after the requisite number of units have been purchased, management will be transferred to the condominium association which may hire a management agent. As you know, we have had extensive discussions with the ZBA about the number of children anticipated. Every statistic we have found, including statistics exclusive to North Andover, has resulted in a ratio of approximately one child for every five units or 0.20 children per unit, or less. At this ratio, we are anticipating 54 school age children. Our revised fiscal impact analysis shows that the net fiscal impact is zero at 98 students, nearly double the statistical expectancy. Despite all of this and as you are well aware, Chapter 40B does not recognize the number of children or the fiscal impact as criteria for your decision Gr LAAI s ereto. 231 Sutton Street, Suite 2F, North Andover, MA 01845 BOARD OF APPEALS William Sullivan November 11, 2002 Page 2 Since Turnpike Street is also State Route 114, the Massachusetts Highway Department determines what traffic controls or improvements are required. In addition, both a curb cut permit and a highway opening permit are required from them. Mr. Kelly also asks what the Town gains from the project. The Town gains 68 affordable housing units in perpetuity and, in all likelihood, 70% of them will be set aside for Town employees and current residents. The only benefit to us as developers is the increase in density we are allowed in order to offset the loss associated with selling affordable units at a price which is affordable to people who earn no more than 80% of the area median income which is, potentially, half the price or less of a market rate unit. Cost alone is the single most restrictive barrier to the creation of housing which is affordable to the normal buyer. As the population in Massachusetts grows and the creation of new housing is suppressed, supply and demand are radically -imbalanced. A front page article in the Boston Globe on 10/1/02 stated that "a drop in..construction of. new homes.spurred a;50 percent rise in home prices in Greater Boston since 1998." Recently a study completed by John Burns of Irving,. California, a housing consultant, showed Greater Boston: residents as.the second highest market: for housing ratio costs (exceeded only by San Francisco) with the,average family spending 44.9 percent of their income on housing. The average single family home price in North Andover in 2001 was $369,950 and, year to date through May 2002, was $422,500 according to the Warren Group of Boston, which publishes Banker & Tradesman. Given what young families earn today, including our municipal employees, owning or renting housing becomes increasingly impossible. The average starting salary for a North Andover teacher is $31,400; the median household income. in our area for a family of four is $67,400. Since median means mid -point, there are as many families earning less than $67,400 per year as there are who earn more. The internal road system at the Meadows will be privately owned, not public, and the Town will not incur any costs or responsibilities for maintenance or repair of roads or utilities.. In fact, the Town will benefit from the extension of both water and sewer nearly one mile to the project, since we will transfer ownership of these lines to the Town at no cost. With respect to emergency response, perhaps Mr. Kelly is unaware that 911 dispatchers send emergency vehicles to all sites from the nearest station, which, in the case of Meadows, may very well be in Middleton. With respect to Mr. Kelly's comments about profit, as in all Chapter 40B projects, we will be signing a regulatory agreement with our lender which limits profit to no more than 20% of total development costs; the profit is monitored through a contract with the Citizens' Housing and Planning Association, a statewide non-profit housing agency. Mr. Kelly's comments about taxes, children and costs to the Town are simply erroneous, as are his assumptions about multi -family housing placing towns at financial risk. In fact, single family homes create a far more extensive financial and resource burden to the Town than multi -family housing. 231 Sutton Street, Suite 2F, North Andover, MA 01845 William Sullivan November 11, 2002 Page 2 Finally, with respect to the change in the Chapter 40B regulations, the Meadows is not affected since our site approval letter was received prior to July 22, 2002. Thank your for allowing us this opportunity to respond. Sincerely, Valley Realty Development, LLC Thomas D. Laudani, Manager TUkp cc: Paul Kelly Gerry -Lynn Darcy, P.M. Bob Nicetta, Bldg Commissioner Team Members G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Correspondence\sullivanl0.1tr 231 Sutton Street, Suite 2F, North Andover, MA 01845 11;`11/2,A " 10:14 =8941 SOUTHPORIT LLC PAGE 04 11/06/2100 17:17 978-682-6473 MINCO COPP PAGE 03 Nov -08-02 11:47 P.02 RECEIVED 7 Aug 2002 AUG j_ 3 2002 Dear Ladies and Gentlemen, N RTR ANrO',11", Last month the Eagle -Tribune and the North Andover CIMAWOMd1it+ticki on � ere the proposal to build 270 housing units on 47 acres in North Andover. According to the p p units would range in price from $114,000 to $ 399,000. I'm not a developer, reactor, or a builder. However I am confused. The town has spent millions of dollars preserAng. hundreds of acres of open space. Now without any real objections The town is about to accept a project to corral 800 or more people Into four buildings. The housing.units are three and four story buildings. Isn't that unusual and awfully tall for North Andover? I hope there are elevators and all tate units are handicapped accessible? The developer has proposed 753 parking spaces. That is nearly 3 spaces per housing unit. Wouldn't single or double garages be more attractive and useful than a 3 -acre parking lot? The families in these units will have toys, swings, wading pools, grills, bicycles and other outdoor paraphernalia. I see no mention of storage facilities attached to the units. Do the units have balconies? Are the any grass areas? Are there any service and maintenance fees for the upkeep of the complex? Who will administer this property? If the 270 units are built, where will all the kids and families play, have cookouts or just sit outside? If there are no yards, lawns, balconies, or driveways shall the people congregate in the streets and parking lots? Bouncing balls, kids, parking lots, streets, and moving vehicles make for a dangerous mixture, Will the developers provide open space? Will the town have any input Into t- the aesthetics of the devebpi tont? Will all these new children fit in the existing schools? What about the additional school buses? Wow .many more town employees will need to be hired because of this project? Trafiflcl Anyone who has ever tried to make a left hand turn onto Rte. 114 knows that It very difficult If not hazardous. Driving In and out of a large housing project may necessitate traffic lights. Has the state been, contacted about the additional traffic and the possibility of lights? What Impact will all these added cars have on the town, especially on Johnson Street and the old center? The town has been trying to develop every ,avallable foot of land to meet the growing demand for recreational and community space. A local developer recently came forward to Provide land for three fields on his next development. As a resident builder with a family he wants to preserve the beauty and openness of the town and give something back to the town. In all the years these developers have been building in North Andover have they ever provided any open space or provided something to the community? I don't think sol What does the town gain from this project? The town has to provide the missing pletes such as more r�rhools, police, fire, fields, town employees and services once the developers are finished. These developers over the last 10 years have been btillding $350,000 to 57500000 single-family homes. Why suddenly have they changed their type of housing? Are there any housing restrictions to these 47 acres? I am having a hard time accepting this act of community concern to provide low and moderate housing In North Andover. Does the abutting businesses .and surrounding lands In Middleton have an Impact on the type of housing for this project? 11i`11."2002 10:14 272:8941 SOUTHPOIHT LLC PAGE 85 11;08/UT12 17:17 978-882-6473 MINCO CORP PAGE 04 NOV-Oa-02 11:47 P.e3 The 270 units will need services, i.e. plowing, sewerage, street cleaning, trash pickup, Maintenance, and police and fire support. The police and the responso time will be at their limit. if the developers think 800 people won't have an impact on the towns' water supply they are misinformed. If 270 one, two, and three bedroom units are built for the prices quoted In the newspapers the total gross sales will be approximately $65,000,000. Constructing four large structures to accorY modate the 270 units is also I®ss expensive and qulcker than building 50 expensive single family homes. The profit margin Is also higher when constructing four multiple unit buildings, if they built 50 single-family homes for $500,000 tiro total gross is only $25,000,000. 50 up -scale homes are less intrusive on the town. Is this an anti -snobbery project or just a good old capitalistic venture? The cost of the project also seems overwhelming for the town. The sale of the 270 units would be about $66,000,000. The property taxes ralsed would be about $856,700. Some units probably may not have children while other units could have two or more children. Let's say there are 325 children In this Complex. A, few may go off to private schools, 300 will probably attend the public schools. The cost Is approximately x6,000 per pupil per year to attend NA public schools. 300 children times $6,0000 equals $1,800,000. The town will be In the hole for nearly $1,00,000 each and every year. With the new Guu in local aid and education most of the $1,000,000 will fall upon the town. If 50 up -scale single farnily homes were built on the site, the homes may contain 100 i'dren. Fewer property taxes would be collected but the impact on the schools, town, and services would be far less dramatic than a 270 unit -housing complex. Multiple unit houaing projects place towns at financial risk and seriously stretch the town's resources. Is this legal even under the anti -snobbery laws? If this project is going to cause the town additional debt doesn't the law require voter approval to Increase community debt? Is it legal to profit at the expense of the town? Does a town have any legal recourse? I don't think it was the Intent of the anti -snob laws to leopardite a towns' finances and resources. What are the developer's responsibilities? Are the anti -snob laws being used for personal gain and how do the new changes to the anti -snob laws affect the developers' proposal? Paul Kell y- 17 17 Crossbow Lane North Andover, MA. 01845 CC. Town Manager a Seloctmen Planning, Finance, ax School Committees DPW, Fire, at Police Departments k 'k'; 1� 'I,. AUG 2 3 Za02 I.; ROARD OF APPEALS Valley Realty Development, LLC 978-470-8257 phone 978-470-2690 fax November 12, 2002 William Sullivan, Chairman North Andover ZBA 27 Charles Street North Andover, MA 01845 Re: Meadows Comprehensive Permit, Lagrasse Commants Dear Mr. Sullivan: You have asked us to address the comments mmde by 7_BAa rnember Joseph D. Lagrasse dated October 29, 2002. Our response is a follows: 1. The developer should redesign his project as not to require any dimensional variances -.On the contrary, Chapter 40B.explicitly.gives authority.to.the .Zoning Board of Appeals to approve waivers.to any and all municipal regulations,; by-laws and.ordinarces-in sui)port of an application ,for a.comprehensive :permit where denial of such waivers would. notbs:.'°consistent wi1.11 local needs." Since the Town has'not crossed any of the statutory thresholds with respect to local needs, denial of such waivers will make the project uneconomic and therefore, subject to appeal to the Housing Appeals Committee. 2. Gravity sewer laterals need, to be .engineered for -all abutters - If the Town wishes to take possession of the sewer in whole or in part, we will transfer ownership, and, in _coordination with the Department of Public Works, will provide tee locations for tie-ins. At that point, the Town will have the right to allow or require a lateral tie-in to any abutter. 3. A sewercrossing to Sharpener's Pond Road should be stipulated as being an off-site requirement - You asked us to consider running a dry gravity line from our on-site pumping station to the limit of our lot line to accommodate only the municipally owned land on Sharpener's Pond Road. However, the North Andover Department of Public Works recommends against this and wishes to run its own sewer line northwest (toward Lawrence) on Route 114 to a tie-in location at the gravity sewer we construct. 4. Outdoor active and passive recreation areas need to be designed. Large lawn areas for lawn activities need to be shown - Active and passive areas are shown on the plan; however, their specific design is premature at this stage of the permit process. In addition, in consideration of the Town's ongoing effort at water conservation and in an effort to control the need for irrigation, we have specifically avoided the creation of large lawn areas. Also, the site abuts the Harold Parker State Forest and access through the site to the state trails has been discussed with DEM and the North Andover Trails Committee. NOV 1 _v"` u 231 Sutton Street, Suite 2F, North Andover, MA 01845 BOARD OF APPEALS William Sullivan November 12, 2002 Page 2 5. Parking lots are large and unbroken. Most quality residential developments have smaller and more isolated parking areas. Planting islands, berms and different orientations make more eye appealing areas and therefore present a more attractive setting for both residents and the town - We disagree that the parking lots are large and unbroken. Much of the parking is located in garages under Building 3 and Building 4; surface parking is landscaped and there are planting islands. For aesthetic reasons, we have deliberately avoided the use of parking between Route 114 and Buildings 1 and 2 and within the line of sight of the two lane entry road which leads to the community building and the common area behind. Other parking areas in the Upper Meadows are placed behind buildings where . possible. In order to break up these parking areas with additional plantings, we will have to reduce the number of parking spaces. 6. l have previously noted that the larger 3 and 4 story buildings need to be relocated. The street frontage should,be bermed and treed and buffered from any,multi fa,-�lly buildings. A more ��ppro��riate located for the fifty'foothigh buildings should be it the rear of the site where the grade is lower than the street and the heights would not be as noticeable from the main street. The street setbacks for the building need to be at least 100 feet. A redesigned plan, as described above, would give residents and abutters- noise buttersnoise and visual buffers. Treed, bearded, and a larger set back at the street would reduce the harsh visual impact to a -softer more appealing appearance for those traveling through our town on tit. 114 - We disagree that there is*a. harsh visual impact to passersby from the buildings; in addition, there is no aesthetic requirement that any building be setback 100' from any street. We have specifically designed the Upper Meadows to provide a pleasing streetscape for the residents of the Meadows and for people. who drive-by. We believe that what has been proposed is a significant improvement over what now exists at this end of North Andover. Large setbacks from roadways and parking between the road and the building are more typical of commercial or retail development than residential, and, in the case of Meadows, is inappropriate. In addition, as I explained earlier, moving the buildings to the rear of the Upper Meadows site is financially infeasible. 7. A cost analysis (development costs and sales income) was requested but has not been submitted. Further discussions should be cancelled until the proforma cost analysis is submitted - Since we will be signing both a regulatory agreement with our lender and a monitoring agreement with CHAPA, our profit level will be closely monitored. As required by law, all profits in excess of 20% of total development costs will be paid to the Town for deposit in an affordable housing fund to be used by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. 231 Sutton Street, Suite 2F, North Andover, MA 01845 William Sullivan November 12, 2002 Page 3 8. Architectural design questions that should be asked. a) do the units each have storage 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[o] far for people to have comfortable access? I believe they are in excess of appropriate distances; d) is there a structura! system designed and how does it penetrate the garage? how many parking spaces would you lose? e) what is the construction of the four-story garage buildings? a. Storage.- Basement storage will be provided in Building 1 and in Building 2 and will be made available to most, if not afl, of the unit owners in the Upper Meadows. Garage storage will be made: available to most, if not all, unit owners in the Lower Meadows, which will also have storage available inside the units. b. One elevator - There will be one elevator in each of the three 36 unit buildings. In each building, 24 units are located on the upper floors and are anticipated to use the elevator on a regular basis. The larger "L" shaped. building currently. hasa. single elevator, planned. If, during the engineering phase of this project, another elevator iswar.ranted in the '. L" shaped building, we wil! design an additional elevator to be located in the same area.,However, this design analysis is beyond the level of detail required for a comprehensive permit application. c. Distance - There are three stairwells in the larger "L" shaped building - a central stair and an elevator bank and a stairwell at the ends of each corridor. The stairwells are located approximately 200 feet and 234 feet from each other. The longest distance that ,someone has to travel to reach an exit is approximately half of.this distance or roughly 167 feet. This distance is called "length of exit access travel and is governed by.the Massachusetts state building code in Table 1006.5 for residential buildings to be 250 feet maximum for sprinklered.buildings. Therefore, the 1.67.feet of travel distance is well under the maximum allowable distance. d. Garage structural system - The garage structural system is a fire -rated steel frame and concrete deck or precast concrete deck system. e. Construction of four-story garage buildings - The construction of the 'lour story garage buildings" is Type 2 construction (non-combustible construction - fire rated steel and concrete). 9. There are numerous questions to be asked and have answered and until an appropriate site layout is presented to this board, one that is both beneficial to the developer, the town and future residents of the project, 1 feel we should not proceed with any further discussions at this time. - We disagree that an "appropriate site layout" has not been presented to the ZBA. We believe that we have provided the ZBA with an excellent site layout design. Since we have been participating in the public hearings with the ZBA 231 Sutton Street, Suite 2F, North Andover, MA 01845 William Sullivan November 12, 2002 Page 4 in good faith and assume you have been doing so as well, we would appreciate knowing as soon as possible if you intend to suspend the public hearings. Thank you for this opportunity to respond. Sincerely, Valley Realty Development, LLC Thomas D. Laudani, Manager G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Correspondence\sullivan9.ltr 231 Sutton Street, Suite 2F, North Andover, MA 01845 Nov -04-02 12:58P 2 Sincerely, J. Lionel Lucien, P.E. Manager, Public/Private Development Unit Bureau of Transportation Planning and Development cc: John Cogliano, Commissioner "Phomas Brodcrick, P.E., Chief Ep&ecr Luisa Paiewonsky, Director of Planning Charles Sterling, P. C., State Traffic Engineer Bernard McCourt, District 5 Director Pl'DtJ files MPO Activities Files Planning Board, Town of North Andover Merrimac Valley Planning Commission P.21 2 0/ 11 / 0b/ 2002 11:50 '3184 /U2by0 NORTH ATLANTIC PAGE 01 FAX COVER SHEET Terra Properties, LLC 231 Sutton Street, Ste. lA • North Andover, MA 01845 P 978-327-6540 ext. 15 • F 978-327-6544 • C 978-490-0897 To Mitch Company North Andover Zoning Board of Appeals cc G. Darcy From Christina Minicucci Phone 978-470-8257 Date November 6, • 2002 Pages 1 Subject Change of address Mitch, Per this morning's conversation, our contact information is as follows: Kittredge Crossing Terra Properties, LLC 231 Sutton Street, Ste., IA North Andover, MA 01845 Lou Minicucci — 978-687-6200 ext_ 110 Christina Minicucci — P. 978-327-6540 ext. .15; F. Alex Loth — P: 978-327-6540 ext. 19 Meadows/Parker etc. Valley Realty Development, LLC 231 Sutton Street, Ste. 2&F PO Box 907 North Andover, MA 01845 Tom Laudani — 978-327-6540 ext. 14 Gerry -Lynn Darcy — 978-327-6540 ext. 16; F: Renee Walker — 978-327-6540 ext_ 11 If you have any questions, please do not hesitate to pass this information along to the other Boards. Tl�E s, 27-6544; C: 978-490-0897 17-6544; C: 978-490-0905 me. Also, please feel free to The documents accompanying this facsimile contain information from the offices of OTerra Properties, LLC which is confidential or privileged. The information is intended f i for the use of the individual or entity named on this transmission. Please call the a e if you received this facsimile in error. Nov - zoa2 eOARQ OF APPEALS 11/bb/ZUU2 11:bu 9IU4/b1bJU NURTN ATLANTIC PAGE 01 FAX COVER SHEET Terra Properties, LLC 231 Sutton Street, Ste. I • North Andover, MA 01845 P 978-327-6540 ext. 15 • F 978-327-6544 * C 978-490-0897 To Mitch Company North Andover Zoning Board of Appeals cc G. Darcy From Christina Minicucci Phone 978-470-8257 Date November 6, , 2002 Pages 1 subject Change of address Mitcb, Per this morning's conversation, our contact informa Kittredge Crossing � J Terra Properties, LLC 3 l� 7 J 231 Sutton Street, Ste. 1A North Andover, MA 01845 L., -Lou IvEnicucci — 978-687-6200 ext_ 110 ,.,Christina Minicucci — P: 978-327-6540 ext. 15; F: �,A.lex Loth — P: 978-327-6540 ext. 19 Meadows/Parker etc. Valley Realty Development, LLC 231 Sutton Street, Ste. 2E-1~ PO Box 907 North Andover, MA 01845 LZom Laudani — 978-327-6540 ext. 14 ✓Gerry -Lynn Darcy — 978=327-6540 ext. 16; F: 978 - Renee Walker — 978-327-6540 ext. 11 Kgven PDRO,)+V"", If you have any questions, please do not hesitate to pass this information along to the other Boards. Tkdn"ks, is as follows: -6544; C: 978-490-0897 -6544; C. 978-490-0905 me_ Also, please feel free to The documents accompanying this facsimile contain information from the offices of p� Terra Properties, Properties, LLC which is confidential or privileged. The information is intended 1 L.9 `i �o for the use of the individual or entity named on this transmission. Please call the a e if you received this facsimne in error. NOV 6 - Z002 80ARD OF APPEALS NORTHPOINT REALTY CORPORATION November 7, 2002 Harris Penniman Commonwealth of Massachusetts Department of Environmental Management Regional Forest & Park Division P.O. Box 829 Carlisle, MA 01751 RE: Meadows Dear Mr. Penniman: As requested, please find enclosed a copy of the current Conditions Plan and Boundary for the proposed Meadows Development on Route 114, North Andover, MA. If you have any questions, please feel free to contact me. Sincerely, Crry-L arty Project Manager GD/rw Enc. cc: Andy Backman, Irene Del Bono, Bob Nicetta, William Sullivan, Thomas Laudani Redet0t%Co onsultants .Land Planning and Development . Commercial Development NOV 12 2002x 907, N. Andover, MA 01845.978-327-6540 . Fax 978-327-6544 www. northpointllc. com BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION TO: NUMBER:FAX 017 i ► / FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street Telephone (978) 688-9541 11 Fax (978) 688-9542 North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: %I _ '16 - D SUBJECT: I P r a `D NUMBER OF PAGES: REMARKS: Board of Appeals 688-954 t Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date , Gw / 2, TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 2 a7q, Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: r STREET: TOWN: -_Y?, Q.GL4lo-,� MEETING DATE(S): Z) -Q C_. Zc> o -z— NAME NAME OF PETITIONER: Signed: Petitioner (or petitioner's represe ) �'; � W ter-- >< orncDr; _ �:ocn,3 <� WAIVER > ZE n. BOARD OF APP13%��, 8688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NOV 12 2001 !'Ji BOARD OF APPEAL Documents submitted up to the i 1-12-02 Town of Middleton letter to Valley 10-25-02 Valley to WJS re requesting P. Szymanski contact Craig Mitchell 10-28-02 Valley to NAFD and NAPD —How about Parker? 10-29-02 Mass Highway to Valley -No traffic dight 9-30-02 rec'd 11-6-02 Christina Minicucci to ZBA address & # changes of Terra and Valley 11-6-02 Northpoint to Harris Penniman, - please find enclosed current Conditions Plan and Boundary for "Meadows" Documents submitted at the 11-12-02 2357 Turnpike Street — Valley Realty - Waive time to 12-10-02 Agenda Name Oakridge Village=Upper, Maplewood Reserve=Lower School Residential Patterns Paul Szymanski., NA Public Schools — Bus pickup off 114 Valley to Paul Kelly, 8-1-02 Valley to Joseph D. LaGrasse 10-29-02 Walter F. Soule to Valley — Fiscal Impact A PARKER [Ch 40-B ].COMMON, NA Valey Realty Inc. — Physical Impact Scenario by S rAb%f Value Assessed, $ 60,000,000 270 units = $222,222 ea $222,000 Avg Val* x0.01266 tax rate —$2800 Averages, Annual Tax, Total Return (each unit), — $2800 Per Pupil Cost, Mass Dept Education, FY `01, $6390 for day stu * Fiscal Deficit- Best Case Scenario Result, net loss. Highest Condo Tax Collected, NA Alcort Village $2900 per year / unit P ..... .... . NOV 12 ZOOZDI BOARD OF APPEALS O� PARKER [Ch 40-B ] COMMON, NA a Valey Realty Inc. — Physical Impact Scenario byi S Value Assessed, $ 60,000,000 / 270 units = $222,222 ea $222,000 Avg Val* x 0.01266 tax rate $2800 Averages, Annual Tax, Total Return (each unit), — $2800 Per Pupil Cost, Mass Dept Education, FY `01, $6390 for day stu * Fiscal Deficit- Best Case Scenario Result, net loss. Highest Condo Tax Collected, NA Alcort Village $2900 per year / unit ! ! M 11,111, NOV 12 2002 BOARD OF APPEALS Valley Realty. Development * PO Box Aon, N. Andover, MA o1845 * (978) X27-6-40 Date: 11/12/02 To: Zoning Board of Appeals From: 'Gerry -Lynn Darcy Re: Project -Name cc: W. Dolan, C. Huntress, D. Kelly, T. Laudani, A. Melnikas, L. Minicucci, K. Pollastrino, G. Smith, S. Trettel, M. West I am happy to announce that we have finally come up with names that appear to be 'acceptable to the NA Fire. Department according to Lt. Melnikas. They are as follows. "Oakridge Village" upper site ,Maplewood Reserve" Lower Site � C.N � Y TO fly NOV 12 2002 BOARD OF APPEALS °Iho er goy Inch 1'--10-0 a- C t TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William V. Dolan Chief of Department Edward J. Morgan Deputy Chief To: Mr. William Sullivan Chairman Zoning Board of Appeals From: Fire Chief Dolan Re:Northpoint Realty — the "Meadows" project Date: 22 November 2002 Telephone (978) 688-9593 FAX (978) 688-9594 I have talked to representatives of Northpoint Realty and they have proposed new manes for the streets in the project to replace those originally selected to eliminate confusion for responders. The names they have selected are Maplewood Reserve, which replaces the proposed "Parker Common" and Oak Ridge Village, which replaces the proposed "Parker Reserve". Relative to our previous comment regarding access to the Meadow's facilities for training of residents, we would expect to need to utilize this location on a semi-annual basis. This recommendation was approved by Northpoint Realty and should continue as a service to the residents as part of any condominium association agreements. The last matter is in regard to approval for the possible use of the roof of the largest building for a repeater antenna and equipment for fire department. We presently are not actively pursuing this location for a repeater site but due to the proposed height of the building it could be a possible location. Currently there are no repeaters in this area and radio communications can be poor. We would ask that if we were to review this site for possible use that it is provided without charge, since the improved radio communications would enhance our ability to serve the residents of the complex. Please contact me if there are any questions relative to these matters. William V. Dolan Fire Chief Cc: Gerry -Lynn Darcy, Northpoint Realty Richard Boetcher Communications Supervisor Tim Willett, Water Sewer Superintendent Kathy McKenna, Town Planner Lt. Andrew Melnikas, Fire Prevention Officer X10 DEC 2 3 2002 BOARD OF APPEAL$ TOWN OF NOR PH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 To: Mr. William Sullivan Chairman Zoning Board of Appeals From: Fire Chief Dolan Re -Northpoint Realty — the "Meadows" project Date: 22 November 2002 Telephone (978) 688-9593 FAX (978) 688-9594 I have talked to representatives of Northpoint Realty and they have proposed new manes for the streets in the project to replace those originally selected to eliminate confusion for responders. The names they have selected are Maplewood Reserve, which replaces the proposed "Parker Common" and Oak Ridge Village, which replaces the proposed "Parker Reserve". Relative to our previous comment regarding access to the Meadow's facilities for training of residents, we would expect to need to utilize this location on a semi-annual basis. This recommendation was approved by Northpoint Realty and should continue as a service to the residents as part of any condominium association agreements. The last matter is in regard to approval for the possible use of the roof of the largest building for a repeater antenna and equipment for fire department. We presently are not actively pursuing this location for a repeater site but due to the proposed height of the building it could be a possible location_ Currently there are no repeaters in this area and radio communications can be poor. We would ask that if we were to review this site for possible use that it is provided without charge, since the improved radio communications would enhance our ability to serve the residents of the complex. Please contact me if there are any questions relative to these matters. William V. Dolan Fire Chief Cc: Gerry -Lynn Darcy, Northpoint Realty Richard Boeteher Communications Supervisor Tim Willett, Water Sewer Superintendent Kathy McKenna, Town Planner Lt. Andrew Melnikas, Fire Prevention Officer E C E � W'I E NOV t 5 200-7 BOARD OF APPEALS Northpoint Realty Development P.O. Box 907 North Andover, MA o1845 (978) 327-6540 November 22, 2002 Mr. William Sullivan Town of North Andover Board of Appeals 27 Charles Street N Andover, MA 01845 Re: "The Meadows" — revised plan set Dear Mr. Sullivan: Southpoint Realty Development 1020 Miramar Drive Delray Beach, FL 33483 (561) 272-9958 Enclosed are copies of the modified elevations and site plan for the proposed 40b development on Turnpike Street. I have provided an additional copy for Mr. Nicetta as well. Please contact me should you have any questions. Respectfully yours, Valley Realty Development, LLC Vr7r-Darcy Project Manager cc: Tom Laudani, Robert Levy, R. Nicetta, K .Pollastrino, W. Sullivan ► { 4P ' V:,t®b Northpoint Realty Development Southpoint Realty Development P.O. Box 907 1020 Miramar Drive North Andover, MA o1845 Delray Beach, FL 33483 (978) 327-6540 (561) 272-9958 ........................................................................................................................................................... . December 30, 2002 Mr. Walter Soule Zoning Board of Appeals, Acting Chairman 27 Charles Street North Andover, MA o1845 Re: 2357 Turnpike Street "Oakridge Village and Maplewood Reserve" Dear Mr. Soule: I am writing this letter as a response to the question that recently came up regarding the childcare facility (Little Professionals) that is proposed for the site across from ours as mentioned above. From what I understand the applicant is currently before the Zoning Board of Appeals seeking relief for an approximate 12,0oo sq. ft. building. It is my further understanding that the applicant has intended to use a septic system to provide for sanitary sewer. The Board of Health inquired about the potential for the applicant to tie into our sewer system that is proposed to service our development. As you know, our development and the interior roadways of our development are going to remain private and will fall under the purview of a condominium association. The pump station as well as any other interior infrastructure within the development will be the sole responsibility of the owner's association and the Town will have no maintenance requirements for these facilities. As such, it is quite clear that the "Little Professionals" care center would be unable to tunnel under the State roadway, which in itself would be a big feat, for the purpose of tying into our pump station. Please contact me should you have any questions or concerns. Very truly yours, Gerry -L nn 6arcy cc: Anthony Mesiti, Thomas Laudani, Louis Minicucci, Robert Nicetta, Sandra Starr DJAN - 2 2003 BOARD OF APPEALS 12/31/2002 09:55 9784702690 Northpoint Reaity Development P.O. Box 907 North Andover, MA 01845 (973) 327-6s4o December go, 2002 Mr. Walter Soule Zoning Board of Appeals, Acting Chairman 27 Charles Street North Andover, MA o1845 NORTH ATLANTIC PAGE 01 Southpoint Realty Development .1020 Miramar Drive Delray Beach, FL 33483 (561) 272-9958 Re: 2357 Turnpike Street "Oakridge Village and Maplewood Reserve" Dear Mr. Soule: I am writing this letter as a response to the question that recently came up regarding the childcare facility (Little Professionals) that is proposed for the site across from ours as mentioned above. From what I understand the applicant is currently before the Zoning Board of Appeals seeking relief for an approximate 12,000 sq. ft. building. It is my further understanding that the applicant has intended to use a septic system to provide for sanitary sewer. The Board of Health inquired about the potential for the applicant to tie into our sewer system that is proposed to service our development. As you know, our development and the interior roadways of our development are going to remain private and will fall under the purview of a condominium association. The pump station as well as any other interior infrastructure within the development will be the sole responsibility of the owner's association and the Town will have no maintenance requirements for these facilities. As such, it is quite clear that the "Little Professionals" care center would be unable to tunnel under the State roadway, which in itself would be a big feat, for the purpose of tying into our pump station. Please contact me should you have any questions or concerns. Very truly yours. Ger ry-n arty cc: Anthony Mesiti, Thomas Laudani, Louis Minieueci, Robert Nicetta, Sandra Starr WN1 n!�D :,N_23 BOARD OF APPEALS