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Map Reserve North Andover, MA 01845 August 12, 2008 BLUE: Identifies current Market Rate units we would convert to 40-B !��� ��J 1401 r? A, 1405 1501 3 YELLOW: Identifies 40-B in planned last phase as ori ' 10 UNITS TOTAL (25% of 40 units) g�nally submitted. 1602 1604 1702 1802 1805 2002 2202 2305 2602 2703 YELLOW W/12ED BORDER ARE BE BUILT THAT WE WOULD E EXCHANGE 40-B UNITS TO RATE UNITS IDENTIFIED IN BLUE. The LUE THE 4 MARKET 40-B satisfying the immediate need for larger units and would become the 4 units- to the rear identified b � d we would retain Market Rate units to be built. y YELLOW/RED BORDER as GREEN: Represents closed 40-B Units. AUG 12 zubo BOARD OF APPEALS NOT TO BE RECORDED NORTH ANDOVER ZONING BOARD OF APPEALS The foregoing Second Amendment to Regulatory Agreement by and between Valley Realty Development, LLC and'rD Banknorth is hereby approved and consented to by a majority vote of the North Andover Zoning Board of Appeals, North Andover Zoning Board of Appeals By- y: By- By: By: By: r+ "...the right to a decent, safe and suitable living environment...." June 29, 2009 Albert P. Manzi III, Esq. Chairman, Zoning Board of Appeals 1600 Osgood St. North Andover, MA 01845 Dear Mr Chairman: This letter is to inform the Town of North Andover that Citizens' Housing and Planning Association (CHAPA) has been notified by the owner of an affordable property under Chapter 40B, located at 4 Harvest Drive, Unit 323, that she wishes to sell her affordable condominium. This affordable home is part of Oakridge Village, a Chapter 40B project for which CHAPA is the monitoring agency. Based on the deed rider, the information we have received from Trisha Foster, the current owner of 4 Harvest Drive, Unit 323, and what is affordable to a new eligible buyer, CHAPA has determined that the resale price is $163,000. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Trisha Foster at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Trisha Foster in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town's subsidized housing inventory. CHAPA has hired me as a consultant to assist with this process. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Trisha Foster is anxious to hear back from the Town and move forward in selling his property. A prompt reply would be greatly appreciated. C N � v 15 �I JUL 6 - 2009 80ARD OF APFL-,-,LS Please feel free to contact me at 617-782-2300 x203 with any questions regarding this matter. On behalf of Trisha Foster, we look forward to hearing back from you soon and working with you during this process. Sincerely, Brian Engler Consultant, SEB 165 Chestnut Hill Ave, Unit 2 Brighton, MA 02135 Phone: 617.782.2300 x203 Fax: 617.782.4500 Email: b.engler@s-e-b.com cc: Trisha Foster Curt Bellavance, Director, Community Development Division Rosemary C. Smedile, Chair of the Board of Selectman George Koehler, Chairman of the Housing Partnership Committee i 1 i i r� N 90 0 0 LO o0 m N N O WONO A Z O 6 7 U '( N ng LO O N LL lJ. Oi d n W N J O n _ OOi 11 ,V,`• Q _ rn Jf\ i- 7 CL t Z iL 11 to O CV Q CO 0 ►� 5 2 d• .i m fi ! •t: Q rn LIJ ! O CL O iL 11 CV Q CO 0 I� O D m o® AA 0111 C H A P A Citizens' Housing and Planning Association, Inc President Vince o Donnell . June 15, 2009 Vice Presidents Jack Cooper Mr. Louis P. Minicucci, Jr. Jeanne Plnado Valley Realty Development, LLC Treasurer 100 Andover Bypass, Suite 300 Joseph Flatley North Andover, MA 01845 / Clerk / Susan Schlesinger Dear Mr. Minicucci, Executive Director Aaron Gomstein Enclosed please find a copy of the Third Amendment to Valley Regulatory Agreement signed by Aaron Gomstein, CHAPA's Executive Director. Please let me know if there are further changes. Sincerely, , i�n' a LeWin'ter Program Manager 18 Tremont Street uite 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3 Fr- 953 JUN 1 7 2009 h Website: www.chapa.org BOARD OF.APPEALS q,( n- 1)n a-r)2i 4 /Yi United ,' Way i Uaftdway I Manaa&—tu gay and Men —k Valley 0 _m>. Return to: Robert W. Levy Eckert Seamans Cherin & Mellott, LLC One International Place Boston, MA 02110 ------------------------------------------------[Recording Information Area] THIRD AMENDMENT TO REGULATORY AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects This Third Amendment to Regulatory Agreement (this "Amendment") is made as of this day of May, 2009 by Valley Real Development LLC a Massachusetts Limited Liability Company having an address at 231 Sutton Street Suite lA P.O. Box 907 North Andover MA 01845 ("Developer") and TD Banknorth, N.A. of 370 Main Street Worcester MA 01608 (the "Bank"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND: A. The Developer and the Bank entered into a certain Regulatory Agreement dated May 25, 2005 which Agreement is recorded with the Essex North District Registry of Deeds at Book 9532, Page 228, as amended by First Amendment to Regulatory Agreement dated June 9, 2006 and recorded with the Essex North District Registry of Deeds at Book 10233, Page 112 and further amended by Second Amendment to Regulatory Agreement dated January 19, 2007 and recorded with the Essex North District Registry of Deeds at Book 10233, Page (collectively the "Agreement"); and B. The Developer and the Bank, with the consent of the Monitoring Agent, are desirous of amending the Agreement as set forth herein. NOW THEREFORE, in consideration of the agreements and covenants set forth in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Developer and the Bank agree and covenant as follows: 1. Definitions. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Agreement, unless the context clearly indicated a contrary intent. -1- (K0397138.1) JUN 17 2009 II! BOARD OF APPEALS 2. Amendment to BACKGROUND of Agreement. Paragraph G of the Background of the Agreement is hereby Amended by deleting the reference to Building 16: Unit 1602; and Building 18: Units 1802 and 1805 of the Affordable Units Maplewood Reserve and substituting them with Building 13: Unit 1305; and in Building 14: Units 1401 and 1405. 3. Amendment to Paragraph 1 of Agreement. Paragraph 1 of the Agreement is hereby Amended by deleting the reference to Building 16: Unit 1602; and Building 18: Units 1802 and 1805 and substituting them with Building 13: Unit 1305; and Building 14: Units 1401 and 1405. 4. Ratification. Except as modified by this Amendment, the Agreement shall remain otherwise unmodified and in full force and effect and the Developer and the Bank hereby ratify and confirm the terms of the Agreement as modified by this Amendment. All future references to the Agreement shall mean the Agreement as modified by this Amendment. 5. Consent of Monitoring Agent. The Monitoring Agent hereby joins in this Amendment for the purpose of consenting to the terms of this Amendment. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed as a sealed instrument as of the date first above written. Signatures on next page. -2- {K0397138.1) DEVELOPER: Valley Realty Development, LLC BANK: TD Banknorth, N.A. Essex, ss. By: _ l4 -c , Its Vice -President MONITORING AGENT: Citizens Housing and Planning Association, Inc. By: Print Name: q,, > P� Its: �G �✓ a COMMONWEALTH OF MASSACHUSETTS On this &?,7 day of May, 2009, before me, the undersigned notary public, personally . appeared Anthony Mesiti, roved to me through satisfactory evidence of identification, which were driver's license, personally known to me or personally known to a 3'party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as said Manager of Valley Realty Development, LLC.c-D ` s NEIEN E.$TENHCUSE Notm Public Notary Public My �mmathE e a s. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of-Mwy 2009, before me, the undersigned notary public, personally appeared s, proved to me through satisfactory evidence of identification, .�, ik t fee) which were f ever s icense, per nally known to me or personally known to a 3 party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as said Vice President of TD Banknorth, N.A. teary Public I KMISERLY N. BAKER Notary Public, Maine N* COMMWAon Expires July 13.2014 -3- {1;0397138.1 } NOT TO BE RECORDED . NORTH ANDOVER ZONING BOARD OF APPEALS The foregoing Second Amendment to Regulatory Agreement by and between Valley Realty Development, LLC and TD Banknorth is hereby approved and consented to by a majority vote of the North Andover Zoning Board of Appeals. North Andover Zoning Board of Appeals By: By: By: By: -4- {K0397138.1 } COMMONWEALTH OF MASSACHUSETTS County of Suffolk On this day ofIkQtj2009, before me, the undersigned notary public, personally appeared Aaron Gornstein, proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person whose name is signed on this, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Executive Director of Citizens' Housing and Planning Association. LEONARDA W. HALL ��� Notary Public Commonwealth of MassachWetls eonarda Hall My commission Expires Notary Public My commission expires: September 15, 2011 COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning January 30, 2009 Ms. Jennell Connelly, Program Manager Citizens' Housing and Planning Association, Inc. 18 Tremont Street, Suite 401 Boston, MA 02108 RE: Right of First Refusal Dear Ms. Connelly: At the Board of Selectmen's meeting held on January 26, the Selectmen voted to waive their right of first refusal regarding the resale of the affordable units, and allow CHAPA to assist the town with the resale of the units. The units are identified as: Unit 205, 4 Harvest Drive (Oakridge Village) Unit 110, 2 Harvest Drive (Oakridge Village) Unit 206, 2 Harvest Drive (Oakridge Village) 610 Alder Way (Maplewood Reserve) Please let me know if you need anything else from our office. Best Regards, Curt T. Bellavance, AICP Director c: Mark Rees, Town Manager Board of Appeals file JAN ^ 0 Z009 BOARD 01- APPEALS 9x + Dna- 0.11 +Al + 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com (-gA944-� This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Marie Fabrizio at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Marie Fabrizio in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Marie Fabrizio is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Marie Fabrizio, we look forward to hearing back from you soon and working with you during this process. Connelly n Manager ecr ) Marie Fabrizio ri Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals JAN ^ 0 2009 1 r on .,Str et - Suite 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3953 CdA u u . "'H� EALS Website: www.chapa.org u�V Mted Way o/ Massachosetts Bay end Merrimack Valley ®-.. GCIU �r- C H A P A Citizens' Housing and Planning Association, Inc. January 20, 2009 President Vince O'Donnell Rosemary Connelly Smedile, Chairman Vice Presidents Board of Selectman ,lack Cooper 120 Main Street Jeanne Plnado North Andover, MA 01845 Treasurer Joseph Flatley Clerk Dear Ms. Connelly Smedile: Susan Schlesinger Executive Director This letter is to inform the Town of North Andover that Citizens' Housing and Planning Association Aaron Gornstein (CHAPA) has been notified by the owner of an affordable property under Chapter 40B, located at 2 Harvest Drive, Unit 110, that she wishesto sell her affordable condominium. This affordable home is part of Oakridge Village, a Chapter 40B project for which CHAPA is the monitoring agency. Based on the deed rider, the information we have received from Marie Fabrizio, the current owner of 2 Harvest Drive, Unit 110, and what is affordable to a new eligible buyer, CHAPA has determined that the resale price is $146,500.00. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Marie Fabrizio at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Marie Fabrizio in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Marie Fabrizio is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Marie Fabrizio, we look forward to hearing back from you soon and working with you during this process. Connelly n Manager ecr ) Marie Fabrizio ri Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals JAN ^ 0 2009 1 r on .,Str et - Suite 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3953 CdA u u . "'H� EALS Website: www.chapa.org u�V Mted Way o/ Massachosetts Bay end Merrimack Valley ®-.. GCIU �r- c1®o C H A P A Citizens' Housing and Planning Association, Inc. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Mary Joanne Dupree and Joseph Zablan at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Mary Joanne Dupree and Joseph Zablan in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Mary Joanne Dupree and Joseph Zablan are anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Mary Joanne Dupree and Joseph Zablan, we look forward to hearing back from you soon and working with you during this process. Pro Manager r ' CF: Mary Joanne Dupree and Joseph Zablan Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals r JAN '' 0 2009 18 tr Sate 401 Boston, MA 02108 Telephone 617 742-0820 Fax 617 742-3953 OOfM Way Md MerrimacX Valley Website: www.chapa.org Oer��GOIU- I'll January 20, 2009 President Vince 0Donnell Rosemary Connelly Smedile, Chairman Vice Presidents Board of Selectman Jack Cooper 120 Main Street Jeanne Pinado North Andover, MA 01845 Treasurer Joseph Flatley Clerk Dear Ms. Connelly Smedile: Susan Schlesinger Executive. Director This letter is to inform the Town of North Andover that Citizens' Housing and Planning Association Aaron Gor,mtein (CFAPA) has been notified by the owner of an affordable property under Chapter 40B, located at 610 Alder Way, that they wishs to sell thier affordable condominium. This affordable home is part of Maplewood Reserve, a Chapter 40B project for which CHAPA is the monitoring agency. Based on the deed rider, the information we have received from Mary Joanne Dupree and Joseph Zablan, the current owners of 610 Alder Way, and what is affordable to a new eligible buyer, CHAPA has determined that the resale price is $185,000.00. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Mary Joanne Dupree and Joseph Zablan at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Mary Joanne Dupree and Joseph Zablan in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Mary Joanne Dupree and Joseph Zablan are anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Mary Joanne Dupree and Joseph Zablan, we look forward to hearing back from you soon and working with you during this process. Pro Manager r ' CF: Mary Joanne Dupree and Joseph Zablan Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals r JAN '' 0 2009 18 tr Sate 401 Boston, MA 02108 Telephone 617 742-0820 Fax 617 742-3953 OOfM Way Md MerrimacX Valley Website: www.chapa.org Oer��GOIU- I'll clelto C H A P A Citizens' Housing and Planning Association, Inc. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Jennifer Burke Barba at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Jennifer Burke Barba in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Jennifer Burke Barba is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Jennifer Burke Barba, we look forward to hearing back from you soon and working with you during this process. ell Connelly Program Manager cc:' 1 Jennifer Burke Barba 1� s Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals JAW 2009 I �. 491 18 T p i e 401 •Boston, MA 02108 •Telephone (617) 742-0820 •Fax (617) 742-3953 o^rc—ach f MMafi kVa Bay aM Merzimack Valley Website: www.chapa.org ,,, January 20, 2009 President Vince 0Donnell Rosemary Connelly Smedile, Chairman Vice Presidents Board of Selectman Jack Cooper 120 Main Street Jeanne Pinado North Andover, MA 01845 Treasurer Joseph Flatley Clerk Dear Ms. Connelly Smedile: Susan Schlesinger Executive Director This letter is to inform the Town of North Andover that Citizens' Housing and Planning Association Aaron Gornstein (CHAPA) has been notified by the owner of an affordable property under Chapter 40B, located at 2206 Harvest Drive, that she wishes to sell her affordable condominium. This affordable home is part of Oakridge Village, a Chapter 40B project for which CHAPA is the monitoring agency. Based on the deed rider, the information we have received from Jennifer Burke Barba, the current owner of 2206 Harvest Drive, and what is affordable to a new eligible buyer, CHAPA has determined that the resale price is $166,000.00. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Jennifer Burke Barba at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Jennifer Burke Barba in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Jennifer Burke Barba is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Jennifer Burke Barba, we look forward to hearing back from you soon and working with you during this process. ell Connelly Program Manager cc:' 1 Jennifer Burke Barba 1� s Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals JAW 2009 I �. 491 18 T p i e 401 •Boston, MA 02108 •Telephone (617) 742-0820 •Fax (617) 742-3953 o^rc—ach f MMafi kVa Bay aM Merzimack Valley Website: www.chapa.org ,,, c1tita C H A P A Citizens' Housing and Planning Association, Inc. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Joan Diemer at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Joan Diemer in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Joan Diemer is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Joan Diemer, we look forward to hearing back from you soon and working with you during this Sincerely, Jetfh-e`fl Connelly -'Program Manager Joan Diemer Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals PIAN 0 2009 � RR qq �� 18 Treem�ont treet�ESUL 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3953 UniteWay :. of Massachusetts Bay aye mertimacx vauey Website: www.chapa.org January 16, 2009 President Vince 0Donnell Rosemary Connelly Smedile, Chairman Vice Presidents Board of Selectman Jack Cooper 120 Main Street Jeanne Pinado North Andover, MA 01845 Treasurer Joseph F/alley Dear Ms. Connelly Smedile: Clerk Susan Schlesinger This letter is to inform the Town of North Andover that Citizens' Housing and Planning Association Executive Director (CHAPA) has been notified by the owner of an affordable property under Chapter 40B, located at 4 Aaron Gomstein Harvest Drive, Unit 205, that she wishes to sell her affordable condominium. This affordable home is part of Oakridge Village, a Chapter 40B project for which CHAPA is the monitoring agency. Based on the deed rider, the information we have received from Joan Diemer, the current owner of 4 Harvest Drive, Unit 205, and what is affordable to a new eligible buyer, CHAPA has determined that the resale price is $166,000.00. This letter is to notify the Town of North Andover of its right of first refusal with respect to this unit. "Right of first refusal" means that the Town of North Andover has 30 days from the date of this letter to determine if it would like to purchase the unit from Joan Diemer at the resale price or would like to locate an eligible buyer. If the Town of North Andover chooses not to exercise its right of first refusal, CHAPA will assist Joan Diemer in locating an eligible buyer. As explained in the deed rider, we have 120 days to market the unit in order to locate an eligible buyer. If CHAPA is unable to locate an eligible buyer within 120 days, the current owner of the property could sell the unit on the open market for the appraised market value. However, any gain above the resale price must be given directly to the Town of North Andover to be used for affordable housing activities. The seller is not permitted to keep the difference between the market value of the home and the affordable resale price. When a new eligible buyer purchases an affordable unit, a new deed restriction is signed and recorded and the unit remains on the Town of North Andover's subsidized housing inventory. Please consider this letter notification of the Town of North Andover's 30 -day "right of first refusal" period. As you may expect, Joan Diemer is anxious to hear back from the town and move forward in selling her property. A prompt reply would be greatly appreciated. Please feel free to contact me at CHAPA at (617) 742-0820 with any questions regarding this matter. On behalf of Joan Diemer, we look forward to hearing back from you soon and working with you during this Sincerely, Jetfh-e`fl Connelly -'Program Manager Joan Diemer Albert P. Manzi, III, Esq. Chairman, Zoning Board of Appeals PIAN 0 2009 � RR qq �� 18 Treem�ont treet�ESUL 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3953 UniteWay :. of Massachusetts Bay aye mertimacx vauey Website: www.chapa.org U lolMERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS LAND SURVEYORS PLANNERS l 66 PARK STREET • ANDOVER, MA 01810 • (978) 475-3555, 373-5721 • FAX (978) 475-1448 • E-MAIL Info@merrimackenglneering.com February 4, 2009 Mr. Albert P. Manzi, Chairperson Town of North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 RE: The Meadows Development Valley Realty Development, LLC 2357 Turnpike Street North Andover, MA Petition #2002-31 Dear Mr. Manzi: Relative to the subject and per the request of the North Andover Conservation Commission to interact with the Zoning Board in advance of their issuing an Order of Conditions for the last phase of the project, the Comprehensive Permit issued by the North Andover Zoning Board of Appeals, and on behalf of the owner and developer, we hereby request clarification from the Zoning Board relative to Condition #11 and #16 contained on page 8 of 19 of the Comprehensive Permit. Condition 11 states the following: 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. As a result of Condition #11 Valley Realty Development had their architect complete the construction drawings for the buildings and also had my firm prepare final site plans (dated April 1, 2005) for the development. Those plans were submitted to the Town of North Andover Building Commissioner with applications for Building Permits, when those applications were made by the developer. ;n FEB 5 _ 2000 �I? 1 I BOARD OF APPEALS Mr. Albert P. Manzi, Chairperson February 4, 2009 Page 2 The final building sizes, parking alignment, and roadway alignments as well as utilities were modified slightly, sometimes being 1 or 2 feet bigger or smaller in size, changing slightly to accommodate handicap access provisions or other building code related items. Sometimes the deviation was slightly larger or slightly smaller depending on the specific item of work and change required by the Code or to fit site conditions discovered as the project progressed. In any case, the plans were reviewed by the Building Commissioner who in fact, by issuing a permit, made a determination that those deviations did not require the approval of the North Andover Zoning Board of Appeals. That determination was made in accordance with Condition #16 of the Comprehensive Permit which stated the following: 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. By issuance of the foundation or Building Permit, no "substantial deviation" was found to exist, and as such, the developer did not appear before the Zoning Board of Appeals for a modification to or approval of a deviation to the project plans. That action is consistent with standards usually employed by the Commonwealth of Massachusetts Housing Appeals Committee who, according to their regulations or statute normally apply the value of 10% change in the size or shape of a building, number of units, etc. as a determinant of substantial change. In the last phase of the development, the developer has constructed the foundations of buildings 16 to 27 but not has constructed the building superstructure, and has not constructed the club house (known as building 21). He is proposing that the building superstructure be constructed on the existing building foundations such that they will be slightly smaller than that which was originally approved (except for building 18, which will be slightly larger than what was originally approved). In addition, the developer is proposing to construct the club house building #21 to be 30' x 30' in size rather than 30' x 60' in size as was originally approved (it will be 900 sq. ft. rather; an 1800 sq. ft). It is the belief of the developer that constructing the club house smaller than originally approved is not a substantial change and does not require approval ;caf.the North Andover Zoning Board of Appeals. The developer also believes that the othet changes to the buildings, as outlined in the above paragraph and on the attached pages #2-5 dated December 5, 2008 and December 17, 2008 by Merrimack Engineering Services, which were also submitted to the North Andover Conservation Commission, do not constitute substantial deviations to the plan, and do not require approval of the North Andover Zoning Board of Appeals. Those changes only require approval of the Building Commissioner, in accordance with Condition #11 of the Comprehensive Permit. MERRIMACK ENGINEERING SERVICES, INC. 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 6 .J Mr. Albert P. Manzi, Chairperson February 4, 2009 Page 3 However, should the Zoning Board of Appeals make a determination that those changes outlined above are a "substantial deviation" from the Project Plan then the developer requests the North Andover Zoning Board of Appeals approve the deviation as outlined above. I have attached the relevant three (3) plan sheets of the original Project Plan as approved by the Board, a copy of the three (3) identical plan sheets prepared by my firm in accordance with Condition 11 of the Comprehensive Permit as they were considered "final construction drawings and A final site plan", as they were approved by the Building Commissioner. I also have attached the most recent As -Built Plan of the remaining phase depicting the existing foundations and pavement, prepared by this firm dated December 4, 2008, a copy of our proposed site plan also dated December 4, 2008 depicting the proposed building 21 (clubhouse) location as modified in size, these latter two plans having been submitted to the North Andover Conservation Commission as part of a Notice of Intent filing, (which in turn generated this request to the Board). Given the above, the attachments and request, please do not hesitate to contact me should you have questions or comments or require additional information. cd Enclosure MERRIMACK ENGINEERING SERVICES, INC. 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 SERVICES Fnd. = Foundation Fnd. #16 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 214 to Fnd. 38.71' 41.03' Flag 215 to Fnd. 50.30' 47.18' Flag 203 to Fnd. 26.59' 31.59' S.f. Proposed S.f. As -Built Foundation Area s.f. 7,380 6,845 Fnd. = Foundation Fnd. = Foundation Fnd. #17 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 216 to Fnd. 33.67' 37.73' Flag 262 to Fnd. 29.22' 33.66' Flag 263 to Fnd. 49.39' 49.76' S.f. Proposed S.f. As -Built Foundation Area s.f. 3,634 2,985 Fnd. = Foundation Fnd. = Foundation Fnd. #19 Fnd. #18 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 263 to Fnd. 38.26' 35.18' Flag 264 to Fnd. 43.28' 46.69' Flag 269 to Fnd. 40.28' 39.82' S.f. Proposed S.f. As -Built Foundation Area s.f. 5,447 5,893 Fnd. = Foundation Fnd. #19 Fnd. #20 Distance Proposed Distance As -Built Flag 346 to Fnd. 112.98' 114.26' Flag 271 to Fnd. 56.68' 65.25' Flag 272 to Fnd. S.f. Proposed S.f. As -Built Foundation Area s.f. 1 1,164 1,152 Fnd. = Foundation Fnd. = Foundation Fnd. #20 Distance Proposed Distance As -Built Flag 271 to Fnd. 56.68' 65.25' Flag 272 to Fnd. 49.30' 57.80' Flag 273 to Fnd. 52.72' 57.28' S.f. Proposed S.f. As -Built Foundation Area s.f. 3,999 2,987 Fnd. = Foundation Wr Fnd. = Foundation Fnd. #22 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 276 to Fnd. 45.92' 51.26' Flag 279 to Fnd. 27.29' 36.59' Flag 280 to Fnd. 39.90' 42.23' S.f. Pro osed S.f. As -Built Foundation Area s.f. 3,947 3,327 Fnd. = Foundation Fnd. = Foundation Fnd. #24 Fnd. #23 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 374 to Fnd. 29.33' 46.90' Flag 373 to Fnd. 46.32' 58.83' Flag 425 to Fnd. 36.79' 48.49' S.f. Pro osed S.f. As -Built Foundation Area s.f. 6,687 6,004 Fnd. = Foundation Fnd. #24 Fnd. #25 Distance Proposed Distance As -Built Flag 360 to Fnd. 124.86' 122.22' Flag 425 to Fnd. 98.30' 105.98' 152.88' Flag 407 to Fnd. S.f. Proposed S.f. As -Built Foundation Area s.f. 1,156 1,149 Fnd. = Foundation Fnd. = Foundation Fnd. #26 Fnd. #25 Distance Proposed Distance As -Built Distance Proposed Distance As -Built Flag 415 to Fnd. 116.49' 152.88' Flag 407 to Fnd. 52.83' 47.45' Flag 416 to Fnd. 114.27' 145.38' S.f. Pro osed S.f. As -Built Foundation Area s.f. 4,153 3,319 Fnd. = Foundation Fnd. #26 Distance Proposed Distance As -Built Flag 406 to Fnd. 67.43' 54.36' Flag 402 to Fnd. 63.96' 47.45' S.f. Pro osed S.f. As -Built Foundation Area s.f. 4,471 4,421 Fnd. = Foundation December 5, 2008 Merrimack Engineering Services December 5, 2008 Fnd. #27 n Plan Distance Proposed Distance As -Built Flag 402 to Fnd. 141.73' 136.79' Flag 357 to Fnd. 137.32' 140.26' 1,224 1,224 S.f. Pro osed S.f. As -Built Foundation Area s.f. 1 4,888 1 4,801 Fnd. = Foundation Fnd. #28 n Plan Distance Proposed Distance As -Built Flag 357 to Fnd. 90.03' 83.29' Flag 358 to Fnd. 76.86' 74.78' 1,224 1,224 S.f. Pro osed S.f. As -Built Foundation Area s.f. 856 863 Fnd. = Foundation Detention Pond Desi n Plan Elev. Area s.f. Incremental Volume c.f. Cumulative Volume c.f. 110.0. 2,448 1,224 1,224 112.0 3,670 6,068 7,292 114.0 5,784 9,404 16,696 'The Detention pond has been shifted to the west as part of the changes associated with the relocation of foundation #25 and the elimination of the retaining described below. The outlet discharge has changed from a level spreader to a control structure with orifices (see as -built plan). Slight roadway shifts and parking lot adjustments have also been made with regards to the changes to the foundations noted above (see as -built plan). Retaining Wall at the rear of Fnd. #23 Detention Pond As -Built Plan ' Distance As -Built Elev. Area s.f. Incremental Volume c.f. Cumulative Volume c.f. 110.0. 1,636 818 818 112.0 2,970 4,606 5,424 114.0 4,846 7,816 13,240 116.0 6,390 11,236 24,476 'The Detention pond has been shifted to the west as part of the changes associated with the relocation of foundation #25 and the elimination of the retaining described below. The outlet discharge has changed from a level spreader to a control structure with orifices (see as -built plan). Slight roadway shifts and parking lot adjustments have also been made with regards to the changes to the foundations noted above (see as -built plan). Retaining Wall at the rear of Fnd. #23 Distance Proposed Distance As -Built Flag 425 to Wall 25.46' 27.19' Flag 426 to Wall 24.35' 22.33' Flag 427 to Wall 31.63* 32.12'** Fnd. = Foundation * Wall Continues to Foundation #20 ** Wall Ends The wall is located in the relatively the same location on the as -built as was shown on the design set of plans with the exception of the overall linear distance. The design plan calls for the retaining wall to be constructed from building #23 to beyond building #17. The as -built plan and grading reduces the need for the wall to 96 linear feet. Merrimack Engineering Services Roadway Pavement Parking Proposed Road Area s.f. As -Built Road Area s.f. Proposed s.f. 1051 If x24 If = 25,224 1045 If x24 If = 25,080 "`Include"; driveway aprons and driveways December 17, 2008 Merrimack Engineering Services Parking Lot Pavement" Proposed s.f. Area As -Built Lot #1 Bldg. 16 6,441 5,882 Lot #2 Bldg. 19 13,121 11,820 Lot #3 Bldg. 21 8,925 7,208 Lot #4 Bldg. 23 9,929 9,150 Lot 45 Bldg. 25-27 11,117 9,234 "`Include"; driveway aprons and driveways December 17, 2008 Merrimack Engineering Services Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vic6-Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Town. of North Andover ZONING BOARD OF APPEALS Minor Modification to Notice of Decision Year 2002 Decision Address: 2357 Turnpike Street Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Zoning Enforcement Ofcer Gerald A. Brown NAME: Valley Realty Development, LLC MODIFICATION DATE: 8-12-2008 ADDRESS: 2357 Turnpike Street, North Andover, MA 01845 PETITION: 2002-031 The North Andover Board of Appeals held a public hearing on Tuesday, August 12, 2008, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Valley Realty Development, LLC requesting that the North Andover Zoning Board of Appeals allow different locations from those cited in the Regulatory Agreement dated May 25, 2005 and registered at the Essex North Registry of Deeds as Book 9532, Pages 228 of affordable units among the Maplewood Reserve buildings for the Comprehensive 40B petition 2002-031's Regulatory Agreement. The Comprehensive 40B concerns Oakridge Village & Maplewood Reserve at 2357 Turnpike Street (Map 108A, Parcel 17 & Map 108.C, Parcels 33, 38 & 39). The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2„d by Joseph D. LaGrasse, the Board found that the request to relocate 4 affordable units scheduled for Buildings 16, 17, 18, 20, 22, 23, 26, or 27 into Buildings 13, 14, & 15 is a minor modification and that this modification does not alter the intention of the Comprehensive 40B decision 2002-031 or the Regulatory Agreement. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2"a by Joseph D. LaGrasse, the Board voted to GRANT Valley Realty Development, LLC's request to modify the Comprehensive Permit 2002-031's Regulatory Agreement by permitting the re- relocation of 4 affordable units scheduled in the Regulatory Agreement for the undeveloped Buildings 16, 17, 18, 20, 22, 23, 26, or 27 into the developed units 1305,1401, 1405, and 1501. In all other respects; the original decision remains in full force and effect as modified hereby. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. North Andover Zoning board of A ' s Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2002-031 Regulatory Agreement Modification 3. M 108.AP17 & M108.CP33, 38 & 39. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albeit P. Manzi M. Esq. Chairman Ellen P. McIntyre, Vice-Chairnurn Richard J. Byers, Esq. Cleric Joseph D. LaGrasse Richard M. Vaillancourt Town. of North Andover ZONING BOARD OF APPEALS Minor Modification to Notice of Decision Year 2002 Decision Address: 2357 Turnpike Street Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Zoning Enforcement Officer Gerald A. Brown NAME: Valley Realty Development, LLC MODIFICATION DATE: 8-12-2008 ADDRESS: 2357 Turnpike Street, North Andover, MA 01845 1 PETITION: 2002-031 The North Andover Board of Appeals held a public hearing on Tuesday, August 12, 2008, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Valley Realty Development, LLC requesting that the North Andover Zoning Board of Appeals allow different locations from those cited in the Regulatory Agreement dated May 25, 2005 and registered at the Essex North Registry of Deeds as Book 9532, Pages 228 of affordable units among the Maplewood Reserve buildings for the Comprehensive 40B petition 2002-031's Regulatory Agreement. The Comprehensive 40B concerns Oakridge Village & Maplewood Reserve at 2357 Turnpike Street (Map 108A, Parcel 17 & Map 108.C, Parcels 33, 38 & 39). The following voting members were present: Filen P. McIntyre, Joseph D. T .aGraccr_, Richard J. Byers, and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2nd by Joseph D. LaGrasse, the Board found that the request to relocate 4 affordable units scheduled for Buildings 16, 17, 18, 20, 22, 23, 26, or 27 into Buildings 13, 14, & 15 is a minor modification and that this modification does not alter the intention of the Comprehensive 40B decision 2002-031 or the Regulatory Agreement. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Valley Realty Development, LLC's request to modify the Comprehensive Permit 2002-031's Regulatory Agreement by permitting the re- relocation of 4 affordable units scheduled in the Regulatory Agreement for the undeveloped Buildings 16, 17, 18, 20, 22, 23, 26, or 27 into the developed units 1305,1401, 1405, and 1501. In all other respects, the original decision remains in full force and effect as modified hereby. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. North Andover Zoning board of Aokals Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2002-031 Regulatory Agreement Modification 3. M 108.AP17 & M108.CP33, 38 & 39. 1600 Osgood Street, Building 20 Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - awNv.toumofnorthandover.com SalemFive. August 12, 2008 VIA CERTIFIED AND FIRST CLASS MAIL Ms. Meghan Long 2 Harvest Drive, #303 Nroth Andover, MA 0 1845-63 69 RE: NOTICE OF CONDOMINIUM DEFAULT Do � f, Loan No. 291299600 Mortgage on 2 Harvest Drive, #30�, North Andover, MA Oakridge Village/Maplewood Reserve Dear Ms. Long: You are hereby notified that you are in default under the terms of your Note, Mortgage and Condominium Rider dated June 30, 2006 from Meghan M. Long to Salem Five Cents Savings Bank in the original principal amount of $150,100. Your default is as a result of your failure to pay your outstanding condominium fees and charges. Your Condominium Association has notified Salem Five that it has informed you that you are in arrears of your condominium obligations, but you have failed to bring your account current. Failure to pay the condominium assessments, results in the creation of a lien encumbering your unit, which may ultimately attain priority over the Bank's mortgage. Pursuant to the terms and provisions of your Note and Mortgage, you are to ensure that no lien, which may have a priority over the Bank's mortgage, arises. Please be advised that unless you cure this default by providing Salem Five with proof of payment of these outstanding fees and charges within ten (10) days of the date of this letter, Salem Five reserves its right to enforce its rights and remedies under the Note and Mortgage to pay the amounts due and owing to the Condominium Association on your behalf and to accelerate your loan, requiring that the entire loan balance be paid in full, together with all unpaid interest, fees and all other charges due and payable under the terms of the Note and Mortgage; and if not paid in full by you, sale of the Premises by foreclosure of the Mortgage. You have the right to reinstate your Note and Mortgage after acceleration, if prior to the scheduled foreclosure you pay all payments due together including all late charges, reasonable costs and expenses including attorneys fees and any monies advanced to pay outstanding condominium fees and charges. You also have the right to bring a court action to assert the non-existence of your default and any defenses you may have to the acceleration of your loan. D "I'll AUG 2 2 [U00 = BOARD OF APPEALS 210 Essex Street, Salem, ib1A 01970 • �www.salemfive.com Telephone 800.322.BANK and 978.745.5555 a oz)a 01+ C -HA PA + Sale>,nfive Notice of Condominium Default August 12, 2008 Page 2 If you desire to resolve your default, you should immediately forward satisfactory proof that you have paid the outstanding condominium assessments or that you have made arrangements with the Condominium Association to bring your account current within ten days (10) of the date of this letter. Please understand that Salem Five reserves any and all right to refuse to accept any payment arrangements that you have made and may elect to pay the outstanding amounts to preserve its lien interest in the property. If Salem Five pays the Condominium Association, the amount it pays shall become additional debt, which shall bear interest from the date of disbursement at the rate set forth in your Note. 1f you have any questions concerning this notice, please contact me at 978-720-5354. Sincere , A >� Virginia C. Browder Vice President c: N. Nguyen, Zozula Law Office North Andover Zoning Board of Appeals Attn: Chairman 27 Charles Street North Andover, MA 01845 Valley Realty Development, LLC P. O. Box 907 North Andover, MA 01845 Citizens Housing and Planning Association 18 Tremont Street Boston, MA 02108 O O O o r NO rn r_`2 N O W Z ®� °o 1� ao rn � 0 m LL O 21 C'4 o 2 SQkNn U) r) LL - 0 Maplewood Reserve North Andover, MA 01845 August 12, 2008 BLUE: Identifies current Market Rate units we would convert to 40-B units. , 1305,E toli ��� 1401 5Ir 1405 1501 �7- 3 � n YELLOW: Identifies 40-B in planned last phase as originally submitted. 10 UNITS TOTAL (25% of 40 units) 1602 1604 1702 1802 1805 2002 2202 2305 2602 2703 YELLOW W/RED BORDER ARE THE PROPOSED 40-B UNITS TO BE BUILT THAT WE WOULD EXCHANGE FOR THE 4 MARKET RATE UNITS IDENTIFIED IN BLUE. The BLUE units would become 40-B satisfying the immediate need for larger units, and we would retain the 4 units to the rear identified by YELLOW/RED BORDER as Market Rate units to be built. GREEN: Represents closed 40-B Units. AUG 12 cuuo BOARD OF APPEALS . ............ .......... ........... 2705 (Q) 2704(e) 2501 (g) 2703 (F) I 2502 (C) 2 702 (E) 2503 (D) 2701 (A) O 01 Ak, — ti % 2301(j) 2302 230 (F) 1304 (E) 2305 fr 306 (C) 2307(S) tu� i Valley Realty Development, LLC PO Box 907 North Andover, MA 01845 P: 978-327-6540 * F: 978-327-6544 July 28, 2008 Albert P. Manzi, III, Esq., Chairman Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Ste. 2-36 North Andover, MA 01845 RE: Oakridge Village/Maplewood Reserve Comprehensive Permit Dear Atty. Manzi: We are writing to grant a waiver from the 20 day requirement for a hearing regarding the modification to the Comprehensive Permit for Oakridge Village and Maplewood Reserve. Please place us on the August 12 meeting of the Zoning Board of Appeals. Thank you in advance for your consideration. D u AUG 4 BOARD OF APPEALS m0 co Lo 000 0 i CO O mo(DOI. jo-jo b < 0- INn 04 Of Of LL MW IN Cl, -,mC C) 0 Valley Realty Development, LLC PO Box 907 North Andover, MA 01845 P: 978-327-6540 * F: 978-327-6544 July 28, 2008 Albert P. Manzi, III, Esq., Chairman Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Ste. 2-36 North Andover, MA 01845 RE: Oakridge Village/1V4aplewood Reserve Comprehensive Permit Dear Atty. Manzi: We are writing to grant a waiver from the 20 day requirement for a hearing regarding the modification to the Comprehensive Permit for Oakridge Village and Maplewood Reserve. Please place us on the August 12 meeting of the Zoning Board of Appeals. Thank you in advance for your consideration. Sincerely Jr. Manager JUL 2 8 Z000 D BOARD OF APPEALS �9 F ✓ `� Cho bow)�o2 b3� 4-A LLC Page 1 of 1 Glennon, Michel From: Bellavance, Curt Sent: Monday, July 21, 2008 2:49 PM To: Glennon, Michel Importance: High Mich — please send this email info to all the Board Members: Board Members: We received a letter from Louis Minicucci regarding the Oakridge/Maplewood project. The Applicant is requesting a change to the Comprehensive permit. Under 760 CMR 56.05(11)(a) (see attached), the Board of Appeals has to determine, within 20 days if the proposed change is substantial or not. If the Board does not notify the applicant then the change is deemed not to be substantial. The letter was sent on July 10 and we received it July 17. Both days would pass before the Board meets again. Please advise. Curt T. Bellavance, AICP Director I Community Development Town of North Andover 1600 Osgood Street I Bldg 20 1 Suite 2-36 North Andover, MA 01845 ph: 978-688-9531 fax: 978-688-9542 "We in America do not have government by the majority. We have government by the majority who participate" - Thomas Jefferson 7/21/2008 noa, 03( (- /JAI VALLEY REALTY DEVELOPMENT, LLC PO BOX 907 NORTH ANDOVER, MA 01845 P: 978-327-6540 * F: 978-327-6544 July 10, 2008 Attorney Albert Manzi, III, Chair North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Oakridge Village and Maplewood Reserve Affordable Housing Program Dear Atty. Manzi: We respectfully request that the Board reconsider our request to change our Comprehensive Permit for the property known as Oakridge Village and Maplewood Reserve. Our request is based on the following: I. Valley Realty Development, LLC is currently selling the market rate and affordable units at the Oakridge Village portion of its development. Oakridge Village has been built out and approximately 87% of the units are sold. Oakridge Village contains 191 units, developed under Chapter 40B. Under chapter 40B guidelines, 25% of the units must be sold to individuals earning less than 80% of median income, resulting in a one bedroom sale price of $140,000. The breakdown of Oakridge Village units are as follows: At the time of our permit, the ZBA requested that the developer provide an additional 7 units, above and beyond the required 25%. Currently, all 7 units are still unsold. Despite repeated advertising and open houses, educational outreach, and information sessions, there has been no activity or sales since October 2007. Many of our affordable buyers have been caught up in the sub -prime market collapse, making it extremely difficult for them to secure financing. The likelihood of continued sales of these units at a reasonable sales pace is not likely. JUL 1 d cuuo BOARD OF APPEALS `�X (n, -Y Total Units Affordable Units Market Rate Units Required by State Law 191 48 143 Required by North Andover ZBA 191 55 136 Additional Units required by NA above state law 7 At the time of our permit, the ZBA requested that the developer provide an additional 7 units, above and beyond the required 25%. Currently, all 7 units are still unsold. Despite repeated advertising and open houses, educational outreach, and information sessions, there has been no activity or sales since October 2007. Many of our affordable buyers have been caught up in the sub -prime market collapse, making it extremely difficult for them to secure financing. The likelihood of continued sales of these units at a reasonable sales pace is not likely. JUL 1 d cuuo BOARD OF APPEALS `�X (n, -Y Therefore, Valley Realty Development, LLC is requesting your authorization to market these units under the following program. All five programs will be marketed simultaneously, however, if there are multiple offers, priority will be given as listed below: PRIORITY MARKETED OPTION BY 1 Lottery Continue to market the units under the current affordable Consultant housing program. Applicants under that program will be given priority. 2 Developer Market the affordable units to municipal employees at $145,000 per unit, but not adhere to any income or affordability guidelines and provide $4,200 buyer's assistance program. 3 Developer Market the units at $150,000 per unit to individuals who are between 100 and 120% of median income and provide a $4,500 buyer's assistance program. 4 Developer Market the units at $155,000 per unit to individuals who are between 120 and 150% of median income and provide a $4,650 buyer's assistance program. 5 Developer Market the units at a negotiated sale price with no income and asset restrictions. Priority recipients one through four, will have a two year restriction from resale. If they choose to sell within that two year period, the differential between what they paid for their unit and the selling price, less sales expenses, will revert to the Town. II. We have the opposite problem with the townhouse units (Maplewood Reserve). There are a large number of applicants who are on our waiting list for the townhouses, but do not currently have any inventory. We are requesting to transfer six units from phases 3 and 4 to phases 1 and 2. As you are aware, the 40 units in phases 3 and 4 are not built, however, all of the units in phases 1 and 2 are completed. By making this transfer, we will be able to address the needs of those on the waiting list by placing these applicants in phase 1 and 2 townhouses that are already built and ready for occupancy. If appr nate, a ce us o the August meeting. Thank you in advance for your conside tion of his matter. Sincerely, Valley R ltd Ii v ent. LLC Manager CC: Curt Bellavance, Community Development Director co Lo W cm 0 It 000 w 0,0 C) 0 CN0 X I- U. W INn N 0 I Valley Realty Development, LLC PO Box 907 North Andover, MA 01845 P: 978-327-6540 * F: 978-327-6544 July 28, 2008 Albert P. Manzi, III, Esq., Chairman Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Ste. 2-36 North Andover, MA 01845 RE: Oakridge Village/Maplewood Reserve Comprehensive Permit a3� 7 14 Dear Atty. Manzi: r.. We are writing to grant a waiver from the 20 day requirement for a hearing regarding the modification to the Comprehensive Permit for Oakridge Village and Maplewood Reserve. Please place us on the August 12 meeting of the Zoning Board of Appeals. Thank you in advance for your consideration. Sincerely e eal LLC s Loui P. ini ucc', Jr. / Manager o D JUL 2 8 Z00b BOARD OF APPEALS RECEIPT Printed:03-26-2009 5 8:35:22 Essex North Registry Robert F. Kelley Register Trans#: 36774 Oper:DELIAL VALLEY REALTY DEVELOPMENT Book: PL Page: 16067 Ctl#: 4 Rec:3-26-2009 ® 8:35:19a DOC DESCRIPTION TRANS AMT PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book 11518 Page: 327 Inst#: 7766 Ctl#: 5 Rec:3-26-2009 ® 8:35:19a NAND TURNPIKE ST SANDALWOOD LN ETC DOC DESCRIPTION ----------- TRANS AMT --------- --- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 * Total charges: 150.00 CHECK PM 10015 150.00 MLC DEED MORTGAGE DISCHARGE AFFIDAVIT 1 VE FOR REGISTRY OF DEEDS USE ONLY COVER SHEET 3E FIRST PAGE OF TRIS DOCUMENT DO NOT REMOVE GRANTEE KTY CITY/TOWN DEC OF HOMESTEAD DEC OF TRUST OTHER �ECE�v�"q MAR 2 6 2009 BOARD ur ,,rr-LALS TYPE OF DOCUMENT ASSIGNMENT TYPE 6D NOTICEsc�� TYPE SUBORDINATION CERT TYPE UCC TYPE DESCRIBE - Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com 0-13-26-200051 a 081=335a AB 0 TIE. FOR REGISTRY OF DEEDS USE ONLY COYER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT A0 NOT REMOVE G TOR GRANTEE - ADDRESS OF PROPERTY CITY/TOWN. TYPE OF DOCUMENT m_MLC ASSIGNMENT DEED TYPE 6D —MORTGAGE TICE__L),e �< -...-DISCHARG ETYPE —SUBORDINATION —AFFIDAVIT CERT —DEC OF HOMESTEAD TYPE _UCC DEC OF TRUST TYPE —OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 MAP ?A (978) 683-2745 www.lawrencedeeds.com 1 AIbcrt P. klottri 111, 1." mi. (,.741irrmna I len 11. Vlclnn•re, f 'ir«-C.',l+nirmnn K.ichUd J. Hyccs, 1'{sy. OVA (is(ylh I'l- I.K"Va -e lii(;ba!d \(. Va1)1amourt. Airolialn Aff"W na Thomas 0. Ipro)ho Duniel �,. lifue$c, 1's(I. Mirhaal h. Liporto Town of North Andover ZONING BOARD OF APPEALS Minor ModiCcation to Notice of Decision Year 2002 Property at 2357 Turnpike Street r.nr { v •I'mv o t ;4vrh I +nm "ami, NAME: Valley Realty Development, LLC Modification Date: March 19, 2009 ADDRESS: 2357 Turnpike Street (Maps 108A Parcel 17 & M 108.C. Parcels 33, 38 & 39) PETITION: 2002-031 I The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, March 19, 2009, at 7:30 PM in the Lecture Hall, North Andover High School. 430 Osgood Street, North Andover, MA upon the application of Valley Realty Development, ULC, 2357 Turnpike Street (Map I O&A, Parcel 17 and Map 108.0, Parcels 33, 38 & 39) requesting the Board to allow Valley Realty Development, UC to modify Building 21 by constructing a smaller Building 21 and an in -ground swimming pool within the footprint of the proposed Building 21 footprint as shown on: i GIA Geol nvironmental. Inc.•Mass. (:-2C SITE DL•VI:LOPMEN1' AND GRADING PLAN 12/06/02 The following voting members were present. Ellen P. McIntyre and Richard M. Vaillancourt, Thomas D. Ippolito. and Michael P. Liporto, Upon a motion by Richard M. Vaillancourt and 2" � by Thomas U. Ippolito, the Board found that the modification to the Comprehensive Permit 2002-031 site plan is a minor modification and that this minor modification does not alter the intention of the Comprehensive Permit decision 2002-031. Voting in favor: Ellen P. McIntyre, Richard M, Vaillancourt, Thomas D. Ippolito, and Michael P. Liporto. Upon a motion by Richard M. Vaillancourt and 2"" by Thomas D. ippolito. the Board voted to GRANT the minor modification to construct the proposed swimming pool and the proposed Building 921, the Club House Building. within the Building #21 GZA GcoF'_nvironmental, Inc. Sheet C -2C dated 12/06/02 footprint, 'Che revised Building 921 and proposed swimmi pool shall be constructed per. Site: 2357 Turnpike Street, (Map 108A, Parcel 17 & Map 108.0, Parce)s 33. 38 & 39), North Andover, MA 10845 _ Site Plan Title: Plan of Land, in, North Andover, Massachusetts, prepared for, Valley Realty Development, I: LC, P.O. Box 907, North Andover, Massachusetts 018.4.5_. Date (& Revised Dales): March 17,1009 _ Registered Professional Stephen E. Stapirlski, R. L. S., Merrimack Engineering Services, Inc., 66 Park Land Surveyor: Street, Andover, MA 0 18 10 1 Y:\R14\DWGS\6336\ZBA\6336ZBAI.DW(j 3/18/09 Sheet/Dr awin : Voting in favor: Gllen Y. McIntyre, Kicnara m ` V Q4'11' -A'True Copy �'e � 1•�`.�?'�N<Z+?8.9.54 To,kn Cleric vamancourt. 1 nuumbi lir. ggw-ki, anu rvncuacl r. r -i-1 nF. North Andover 'Zoning Board of Ap a Ellen P, McIntyre, (7hairman Richard M. Vaillancourt Associate Members Thomas D. Ippolito Michael P. Liporto Decision 2002-031 Modification 1. M 108-AP17 & M 108.CP33, 38 & 39, LhtNi r7s(otrd'it.. tlt(IF 20 - Sui(o 2-16. North Andover. MA )1845 I tax - 978-688-9542 Web - www.utwnol'narthundovcr.eonl Y ® tifEDSCy V 6 VJ, uu/ cuuu UJ. c f President Robert H, Kuehn, A President-elect Ann HOusron Vice Prealdents Jack Coope/ Vincent O'Donnell Jeanne Pinado Treasurer Rlck Muraida Clerk Susan Schleainger Executive Director Aaron Gomsrein WJ 1 f VL 11.l1 C H A P A Citizens' Housing and Planning Association. Inc. Fax Transmittal Sheet Date: Crganizatlon: 61. All d -00-Q,*/ ,. A— Fax No.: Phone No.. No.'of Pages Inc. Cover:. Ifp From: Fax No.: 742.3953 Phone No.: (817) 742-0820 Comments: 8 Tremont Street • Suite 401 • Boston. MA 02108 • Telephone (817) 742-0820 • Fax (6 17) 742.3953 OUPPM mar Website: www.chapa.org tea. 03/08/2006 05:27 617-742-3953 W MONITORING SERVICES AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects PAGE 02 THIS AGREEMENT is made as of the )l day of November, 2005 by and between Valley Realty Development, LLC, a Massachusetts limited liability company having an address at P.O. Box'907, 231 Sutton Strcct. Suite IA, North Andover, MA 01845 ("Developer") and Citizens' Housing and Planning Association, Inc. with an address at 18 Tremont Street, Boston, Massachusetts 02108 ("Monitoring Agent"). Background 'A. The Federal Home Loan Bank. of Boston ("FHLBB") -has. agreed to provide a subsidized advance (the "Subsidized Advance") under the New England Fund (the "NEF") to TD BanknortlL N.A.. its successors and assigns (the "Bank"), a member institution of the Federal Home ,Loan Bank of Boston ("FHLBB"), for the purpose of financing a project containing two hundred sixty-nine (269) residential housing units located on Turnpike Street in North Andover, Essex County, Massachusetts (the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of. Appeals of the Town of North Andover (the "Municipality') under Massachusetts Gcneral Laws, Chapter 4013 (the "Comprehensive Permit") and is subject to a Regulatory Agreement, dated May 25, 2005 between the Bank and the Developer (the ".Regulatory Agreement"). C. Pursuant to the guidelines of the NEI; for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, at .least seventy five 75 units in the Project (the "Affordable Units") are required to be sold to households whose incomes do not exceed 80% of the median income (adjusted for household size) for the .Lawrence Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement"). D. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of total development costs of the Project (the "Limited Dividend Requitement"). E. Pursuant to requirements of the Regulatory Agreement, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement, Agreement For one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: (K0313197.2) -1- OMAR8 - 2006 BOARD OF APPEALS 03108/2006 05:27 617-742-3953 CHAPA PAGE 03 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirement and the compliance of the Developer with the Limited Dividend Requirement, including: (i) Receipt of cost certifications for the Project from the Developer. (ii) Review of (x) the adequacy and completeness of cost certifications arld (y) the substantive compliance of the Project with the Affordability Requirement and of the Developer with the Limited Dividend Requirement. (iii) Review of income- certifications, deeds and deed riders with respect to initial sales of Affordable Units. (iv) . Certifying to the owners of Affordable 'U * nits as to the maximum,sales.price which a household having the Base Income (as defined in the Regulatory Agreement) can pay for an Affordable Unit. The maximum sales prices must be locked -in at the time the marketing period commences for the affordable units. (v) Monitoring of re -sales of Affordable Units for compliance with the terms of the applicable deed riders and issuance of certifications, as appropriate, approving re- sales and the payment of recapture amounts. The Monitoring Agent may provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services under this Agreement shall not include any construction period monitoring. The services under this Agreement shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. 2. Monitoring, Services Fee. The Monitoring Agent shall receive a fee of $3000 from the Developer. Of this amount, one-third shall be paid upon of execution of this Agreement one third shall be paid upon recording of the Master Decd for the Project and one third upon the sale of the first of the Affordable Units. Such fee shall constitute payment for the services of the Monitoring Agent with respect to the Limited Dividend Requirement and the initial sales of the Affordable Units. Thereafter, the Monitoring Agent shall receive a fee of one half of one percent of the maximum Affordable Unit Sales Price, to be paid by each Seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring the sales transaction as provided in this Agreement. Such fee shall be payable for all transfers of Affordable Units, including those to the Municipality, an eligible purchaser or an ineligible purchaser. If the Monitoring Agent's fee is not paid at the time of closing, the Monitoring Agent shall be entitled to payment from the purchaser of the Affordable Unit and to bring an action and seek an attachment of the interest of the purchaser in the Affordable Unit. The deed rider attached to the deed of each Affordable Unit shall contain a covenant obligating the owner of each Affordable Unit to make these payments. FHLBB shall have no responsibility for payment of any fee to Monitoring ,agent under this Agreement. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer (K03131971) -2- 03/08/2006 05:27 617-742-3953 CHAPA PAGE 04 to take appropriate actions to cure a default under, the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Bank or legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer. thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to seek an attachment, including an. attachment of the interest of the Developer. in the Project in connection with any action to recover its fees and "expeiases, and to assert the lien described in the Regulatory Agreement. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall have the right, .at, its discretion, to take appropriate enfor..cement action against the unit owner or the unit owner's successors in title, including, without limitation notice to the FHLBB, and to the Municipality and/or to the Bank or legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a decd rider against the unit owner and in any action to seek an attachment of the relevant unit to secure payment of such fees and expenses and to assert a lien against the unit as provided in the deed rider. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from FHLBB or the Bank in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $2,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against Developer. 4. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is 99 years after the sale of the first Affordable Unit. The term of this Agreement shall end on the later of (a) six months after the 991h full year after the sale of the first Affordable Unit or, (b) after the all the requirements under deed riders have been complied with, including the obligation of owners upon the date of expiration to make payments to the Municipality upon the sale of their units. S. Respqnsibili1y of Monitoring ent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indemnity. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving claims that the Monitoring Agent acted in bad faith or with negligence. (K03t3.1 7,z) -3- 03/08/2006 05:27 617-742-3953 CHAPA PAGE 05 7. Applicable Law. This Agreement, and the application or interpretation of this Agreement, shall be governed by the laws of The Commonwealth of Massachusetts. 8. Binding_ A1ueement. This Agreement shall be binding on the parties to this Agreement, their heirs, executors, personal representatives, successors and assigns. In the event that the Monitoring Agent shall cease to exist under this Agreement, then a successor Monitoring Agent may be appointed by FHLBB and the Municipality. 9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be- deemed given when,delivered by hand or when mailed by certified or registered' mail, postage prepaid, return receipt•requested, to the parties to this Agreement at the addresses set forth below, or to such other place as a parry may from time to time designate by written notice: Developer: Valley Realty Development, LLC 231 Sutton Street, Suite 1A P.O. Box 907 North Andover, MA 01845 Bank: TD Banknorth, N.A. 370 Main Street, Worcester, MA 01608 Monitoring Agent: Citizens' Housing and Planning Association, Inc. 18 Tremont Street Boston, Massachusetts 02108 Municipality: North Andover Zoning Board of Appeals 27 Charles Street North Andover, .MA 01950 Attention: Chairman IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed as of the date first written above. Signatures on next page. (K0313197.2) -4- 03/08/2006 05:27 617-742-3953 CHAPA PAGE 06 VALLEY LLC, DE l6lvhnad6r CITIZENS HOUSINGND PLANNING ASSOCIATION, INC. By:1-411, AA. A&A Its E utive Director (K0313197.2) -5- INH 1Own 1JOGUIIICIILS 7 r " Maplewood Reserve Housing Lottery HOMEOWNERSHIP OPPORTUNITY 75 AFFORDABLE CONDOMINIUMS under construction at A "r V i va — Oakridge Village & Maplewood Reserve, 2357 Turnpike St., No.Andover TO BE SOLD BY LOTTERY TO ELIGIBLE HOMEBUYERS Granite Counter Tops, Swimming Pool, Community Room & More! (18) 1 -Bedroom, I Bath Price $140,000; 793 & 834 sq. ft. apprz. (37) 2 -Bedroom, 1-1/2 - 2 Baths Price $158,000; 909 & 1008-1287 sq. ft, apprx. (20) 3 -Bed, 2 Baths (Min) Price: $176,200; 1690 & 1885 sq. ft. apprz. INFORMATIONAL MEETINGS SCHEDULED: 1/5 & 1/24, 7PM-9PM Location: No. Andover High School (Cafeteria) 430 Osgood St. OPEN HOUSES SCHEDULED: 1/11 124PM,1/25 4-7PM, 2/1 124PM Location: Community Ctr, 2357 Turnpike St, No. Andover Applications and Information Packets for the Oakridge Village and Maplewood Reserve affordable condominium lottery in North Andover, Massachusetts are now available. Of the seventy-five affordable units available, a Local Set Aside of fifty-two units has been established for current and retired municipal employees of the Town of North Andover and North Andover Housing Authority, current residents of North Andover or children, parents, siblings or grandparents of a current North Andover resident. Twenty-three units are included in the Open Pool. Additional information and other threshold requirements are outlined in the Application and Information Packages which are available at: 0 A 5, - Stevens Memorial Library North Andover Town Hall ham,//townofnorthandover.com/homelottery.html 1/3/2006 OARi� hM-://townofnorthandover.com/homelottery.html .S V Wll 1/VccullCills 1 aglu G Vl G 345 Main St, No. Andover 120 Main St, No. Andover Or Write To: HE Realty Associates, P. 0. Box 955, North Andover, Ma. 01845 Or e-mail : nmea wsvjterealty_AsLs( iates.com MAILING ADDRESS MUST BE PROVIDED ['he deadline for submitting an application is postmark no later than 2/13/06. The affordable condominium unit lottery will be held on March 9, 2006 at the North Andover High School aa�w,xai Click here to do back vnofnorthandover.com/homelottery.html 1/3/2006 V f 1 �� 1_)wv,--lop eI)t, November 7, 2005 Mr. Curt Bellavane Director of Community Development Town of North Andover North Andover, Massachusetts 01845 Re: Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) Dear Mr.Bellavane: Enclosed please find the revised Homebuyers Affirmative Marketing and Buyers Selection Plan for the above -referenced property which has been modified to reflect sales prices at the time of advertising as follows: One Bedroom - $140,000 Two Bedroom - $158,000 Three Bedroom - $176,200 This is in accordance with CHAPA policy. Sincerely, JTE REALTY ASSOCIATES, LLC: Judith Epstein, Manager Cc: Ms. Christina Minicucci 80AIRD OF APPEAL")' November 7, 2005 Ms. Judith Epstein Manager JTE Realty Associates, LLC P. O. Box 955 North Andover, Massachusetts Re: Oak Point Village, Saugus, Massachusetts Homebuyers Affirmative Marketing and Buyers Selection Plan Dear Ms. Epstein: This letter is to confirm that Judy Epstein of JTE Realty Associates, LLC has submitted to the Director of Community Development the revised Homebuyer's Affirmative Marketing and Buyers Selection Plan, with the revised sales prices for the affordable units. Sincerely, u �- Curt Bellavane Director of Community Development tit i v(i > � WARD OF A *-)PEA S) REVISED November 7, 2005 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) 2357 Turnpike Street North Andover, Massachusetts Submitted by: Contact: Judy Epstein HE Realty Associates, LLC R O. Box 955 North Andover, Massachusetts 01845 Telephone (978) 258-3492 1�� o V ,j o WARD OF APPEALS Oakridge Village Maplewood Reserve Property Description The project is a community of 270 new construction condominiums located at 2357 Turnpike Street. The project is being developed by Valley Realty Development, LLC, also located in North Andover. The project consists of Oakridge Village (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows.) Oakridge Village consists of 192 condominium units located in 4 three-level elevator buildings constructed of steel frame and concrete flooring with 45 one -bedroom units and 147 two-bedroom units, community building, outdoor pool and 428 parking spaces. Maplewood Reserve consists of 78 three-bedroom townhouse condominiums located in 27 residential buildings, a community building, outdoor pool and 234 parking spaces. Each community building will have sitting area with fireplace, fitness center and common area kitchen. Other site amenities within the community include a tot lot, hiking trails and kiosk bus stop. Pre -construction one bedroom market rate units will range in price from $216,000 to $240,000. The eighteen (18) affordable one -bedroom units will have a price of $140,000. Pre -construction two bedroom market rate units will range in price from $259,000 to $319,000. The thirty seven (37) affordable two-bedroom units will have a price of $158,000. Pre -construction three bedroom market rate units will range in price from $445,000 to $449,000. The twenty (20) affordable three bedroom townhouses will have a price of $176,200. The affordable prices have been calculated in accordance with the applicable regulations set forth by CHAPA. Seventy Five Affordable Units Twenty-five percent (25%), plus an additional seven units for a total of 75 units (27.78%), will be sold by lottery as affordable units. The affordable units will be dispersed throughout the development, mixed with market rate units, and shall be indistinguishable from the outside as being affordable. The applicant shall endeavor to not locate any two affordable units contiguous to each other unless the design of the buldings 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 the 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. The one, two and three bedroom affordable units will be allocated between the major set- aside categories follows: 18 37 20 75 1 -Bedroom 2 Bedroom 3 Bedroom Total Units Up to Local Set Aside 70% 12 26 14 52 General Population 30% 6 11 6 23 Total 18 37 20 75 Purchasers of the 75 affordable units will be required to have incomes below 80% of current Median Income for the Lawrence PMSA, adjusted for family size. Annual income is defined as the gross annual income of all household members over the age of 18 (not including full time dependent students) during the most recent calendar year. For households under the age of 55, the total gross asset limitation is $50,000, including the value of all real estate that must be sold. If one household member is over the age of 55, the total gross household asset limitation is $425,000 including the value of all real estate Other threshold requirements, such as a mortgage pre -approval, the ability to pay down payment and closing costs and the sale of all real estate on the part of applicants apply. Applicants must remain qualified at all stages of the process including pre-screening, lottery selection, mortgage commitment and conveyance. Evidence of eligibility may be requested from the applicant subsequent to the submittal of the application and through the time a unit is sold by the developer. In order to meet regulatory minimum household size requirements for two bedroom units, households with two persons or more will be selected first (First Rank), followed by household sizes of one person (Second Rank). In order to meet regulatory minimum household size requirements for three bedroom units, households with three persons or more will be selected first (First Rank), followed by household sizes of two persons (Second Rank), followed by household sizes of one person (Third Rank). Local Set Aside Local Set Aside — Up to 70%, 52 Units: Up to seventy percent (70) percent of the seventy five (75) units, a total of fifty-two (52) units, will be established as a local set aside. The Lawrence PMSA has a minority percentage of 19.9%. In order to comply with DHCD regulations, after the close of the advertising period, if the percentage of minority applicants in the local preference pool is less than the percentage of minorities in the surrounding HUD -defined area, the number of minority applicants in the local preference pool will be adjusted to the percentage of minorities in the surrounding HUD -defined area, by adding the required number of minority applications from the general pool to achieve the appropriate representation within the local preference pool. -2- A pre -lottery will be conducted on the day of the lottery to select the appropriate number of minority applications that will be entered in the local preference pool to comply with this regulation. Applicants will be entered into all pools for which they qualify. To be eligible for the local preference pool, at least one member of the applicant household must be a current North Andover municipal employee, as defined, a current North Andover resident, as defined or relative of a current Andover resident, as defined. A North Andover municipal employee is defined as a household in which any member is employed by the Town of North Andover or any member of the household that is employed by the North Andover Housing Authority or retired by the North Andover Housing Authority regardless of where they currently reside. A resident of the "Town of North Andover is defined as a current resident of the Town of North Andover. An Immediate family member is defined as a parent, child, sibling or grandparent, regardless of where they currently reside. General Population — 30%, 23 Units: Thirty percent (30%) of the 75 units equal to 23 units will be set aside for the general population. Eligible applicants will be placed in as many pools as that they are qualified to enter in accordance with DHCD regulations. A confirmation letter indicating which lottery pools the eligible applicants have been entered into and a registration card/ballot with registration number will be provided by mail, at the conclusion of all preliminary requirements, as noted above. Affirmative Marketing Plan In accordance with Section 5 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area -wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least sixty (60) days prior to the selection of buyers for the affordable units. The Developer agrees to maintain for at least five (5) years following the sale of the affordable units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality. -3- Advertising and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The outreach program will also inform local residents and non-residents about the availability of the affordable program units. The affirmative fair marketing plan will utilize the following approach: • An announcement of the lottery shall be mailed to the Metrolist Clearinghouse in Boston City Hall. • Newspaper advertising in minority and community publications • Communications with community groups, social, religious, municipal • Web Site Advertising Advertisements will be placed in the following newspapers: Newspaper Target Market Rumbo Hispanic Baystate Banner African American The SamPan Asian/Pacific Islander Portuguese Times Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be placed in all of the newspapers twice (one/month) during the sixty day advertising period. All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as The Eagle Tribune and other community newspaper publications will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years. Outreach Plan In addition to newspaper advertising in minority and community publications, outreach efforts will be made to local churches, social services, and civic organizations with a follow-up letter to each organization which will explain the affordable condominium home opportunity at Oakridge Village and Maplewood Reserve for participation by -4- eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. This will include details of where or how to obtain an application and information packet and details regarding the informational sessions. Advertising and Sales Promotion Timetable Subsequent to receiving the CHAPA approval, outreach advertising will commence for a sixty (60) day period prior to estimated completion date of the first affordable unit. The projected occupancy date of the first affordable unit is January 2006. Advertising and outreach is projected to commence in September through October 2005. During this period of time applications will be accepted from all groups. Two informational meetings will be held during the sixty (60) day advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend an informational meeting. Within a two to three week period of the close of the advertising, the lottery will be conducted. Buyer Selection Process The selection process for the affordable units will consist of two pools referenced generally as the affordable unit lottery selection. The pools have been designed to recognize a local preference category and a general pool category, as outlined and further defined in the Seventy Five Affordable Units section above. Pool # 1 Pool #2 AFFORDABLE UNITS AFFORDABLE UNITS Local Preference General Population 52 Units 23 Units (12) 1 Bedroom Units (6) 1 Bedroom Units (26) 2 Bedroom Units (11) 2 Bedroom Units (14) 3 Bedroom Units (6) 3 Bedroom Units Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail and will receive a confirmation letter and Registration Card indicating that they have been entered into the lottery, at the conclusion of the advertising period: • Confirmation Letter — confirming threshold eligibility with registration number • Registration Card — This registration card will have two sections, an applicant section and a perforated section representing a ballot for the lottery pool. Applicants will receive their portion of the card. The perforated matching ballot will be used to enter the eligible applicants in the local preference pool and/or the -5- general pool. The ballot will have a matching registration number to the applicant registration section. The ballots will be placed in a ballot box and drawn randomly one by one, by unit type. The order of the ballot selection will be as follows: Pool #1 Pool #2 As the ballots are drawn, the ballot number will be assigned a lottery selection number in the order drawn. Two Lottery Selection Lists will be established to match the corresponding Affordable Unit Lottery Pools and to track the order of ballot selection, by unit type. The order of drawing will be Pool #1 followed by Pool #2. After completing the selection of all ballots in Pool #1 and assigning a lottery selection placement number on the Pool #1 Lottery Selection List, the lottery selection will move on to Pool #2 and the same procedure will be implemented until all ballots have been pulled for both Pools and all Lottery Selection Lists have been completed. If there is an insufficient number of ballots in Pool #1 to fill the affordable local set aside units, the remaining units will be added to Pool #2, by unit type. Once the ballot selection is complete, the appropriate number of selected applicants will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant will be notified that they must begin the process of obtaining their financing. M Oak Ridge Village/Meadows Andover, Massachusetts Sales Price Calculation of Affordable Units 2005 Lawrence PMSA One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit 1 person - $40,600 2 persons — 46,400 3 persons — 52,200 4 persons — 58,000 AMI 75,750 5 persons — 62,650 One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit Three Bedroom Sales Price @ 70% of 4 Person Limit Income — 42,420 $47,740 53,060 33% of Income 33% 33% 33% Gross Monthly Income Available for Debt, Taxes, Insurance, PMI 1,167 $1,313 1,459 Less: Taxes ($11.52) 134 152 169 Less: Insurance (Included in Condo Fee) N/A Less: PMI (Estimate) 86 97 108 Less: Condo Fee (Estimates) 153 168 183 Net Income Available for Debt 794 $ 896 999 Maximum Mortgage @ 6%, 30 Years 133,072 $150,167 167,430 Maximum Sales Price Assuming 5% DP 140,076 $158,071 176,242 Rounded 140,000 $158,000 176,200 BK 95-32 PG 235 including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. 17. Amendments This Agreement shall not be amended without written consent of the Monitoring Agent. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: Valley Realty Development, LLC By: Thomas D. Laudani, Its Manager By: Jr., If Manal BANK: T.D. Banknorth, N.A. By 4A.-9 Stephen M. Jaskelevicus, Its Vice President TH OF MASSACHUSETTS County of Essex, ss r� On this 25 day of May, 2005, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as a Manager of Valley Realty Development, LLC, NOTARY PUBLIC ROBERT W. LEVY Notery Public Commonweafth mmi at Ma Expires ette My Commission Expires February 27, 2009 {Ko250921.8} COMMONWEALTH OF MASSACHUSETTS Essex, ss. BK 8918PG.318 I On this LI day of August 2004, before me, the undersigned notary public, personally appeared Theodore Meadows, a/k/a Theodore J. Meadows, proved to me through satisfactory evidence of identification, which were ❑ driver's license, personally known to me or 11personally known to a 3`d party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as said Trustee of the Meadows Realty Trust. NgfarY Public C/ &V'f ,, LA Vole COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this �eday of August 2004, before me, the undersigned notary public, personally appeared Florence Meadows, a/k/a Florence M. Meadows, proved to me through satisfactory evidence of identification, which were ❑ driver's license, A personally known to me or 0 personally known to a 3'd party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as said Trustee of the Meadows Realty Trust. G(/ *tar Public {11158\53410\A0073654.11 BK 8918 PG 319 Exhibit A The "Easement Area" (more fully described below) is located on land owned by the Grantor located at 2303 Turnpike Street, North Andover, Essex County, Massachusetts ("Grantor's Land") which is more fully identified as that certain parcel of land located at 2303 Turnpike Street, North Andover, Massachusetts (Assessor's Map 018C, Parcel 37) consisting of 1.47 acres of land as shown on Plan # 5274 and being identified as Parcel 6 in the Deed to the Grantor dated October 29, 1984 and recorded with said Deeds at Book 1888, Page 349. All as shown on Plan entitled, "North Andover Mass., Plan of Land Owned by David A. & Charlotte P. Wilkins, Scale 1" equals 40', June 1965, Harry D. Berry, Reg. Land Surveyor & C. Eng." recorded with Essex Northern District Registry of Deeds as Plan # 5274. Containing 1.47 acres of land, as shown on said Plan #5274 recorded with said Deeds. The Easement Area consists of that 35 foot strip of land located in the southeasterly portion of Grantor's Land located adjacent to Grantee's Land (being described in a separate Deed from Grantor to Grantee conveying approximately 47 acres at 2537 Turnpike Street, North Andover, MA) said strip of land being parallel with the boundary line separating Grantor's Land from Grantee's Land, which common boundary is shown on said Plan #5274 as the line "317.89' South 47-54-17 W'. The Easement Area is more particularly described as follows: Beginning at a point on Turnpike Street at an iron pipe marking the common bound between Grantee's Land and Grantor's Land; Thence S 47-54-17 W a distance of 317.89 feet to a point; Thence N 47-16-03 W a distance of 35 feet to a point; Thence N 47-54-17 E a distance of 317.89 feet to said Turnpike Street; Thence Southeasterly along said Turnpike Street a distance of 35 feet to the point of beginning. t11158\534101A0073654.11 33 � - yO Tnwn ^C xT.rtRt A>a uuVer 'Office of the Sala 4a Zo�ljng. ]Baj A of ADP COMMUnity Development and Services Divi ti 27 Charles Street North AMover, Massadmseus 01845 AT D. Rohn Nic�Cta 1� Is to c w* mat twenty coy days D. Th eWPNW: can date of dsceion, #led Builaling ComwssiandddWif M Ot appeal- Q, Da .lolroe �!. ew Notice of Decisioar Year X03 Town Cierk Town Gerk B K 8 9118G 7'2! Any appeal shall be filed within (20)' days after die date of filing of this 1'Opee'13' at 237ptYpe:S#seet notice in the office of the town clerk. NAME: Valley Realty Development, LLC DATE: January 14, 2003 ADDRESS. 231 Sutton St. Suite 2E -F PEMON. 2002-31 North Andover, MA 01845 HEARING: f 07/flgl02, 08/13!02, 09110/02, 10115/02,10122/02, 1012910.2 , 11/12/02, 12/10/02: -� The North Andover Board of Appeals held one public hearin in ei n , S ght sessions for Town Boards and Citizens input. T�e.public hearing was closed onDecember 10, 2002 by placing the petition "under advisement' for 40 days. The "Under adviser6ent••`�' meeting, Tuesday, December 17 2002 at 6:00 pm. in the Cotiferenee Room, 1 floor Town Hall, 120 Main Street, :North c: Andover, Massachusetts, was opened for Board members to discuss the request fot• a comprehensive permit by Valley: Realty Development, LI:C, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 hou�rag units per MGL Chap. 40B §§20-22. The housing is to have 27.7886 of the units set aside as "affordable" in the R2-70, h0usbg and r 1-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts, ... The following; o members were presort and voting: Walter F. Soule, Scott -A. Karpinski, Ellen P. McIntyre, and George M. Farley. William Sullivan was not in attendance during the vote. Upon a motion by George M. Earley. and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to NIGi. Chap. 40B §§20-22 for 270 housing units of which 27.78% or -75 units will be � affordable per the following preliminary plans: � Prepares by sheet TWO Rev. Date C7' a GSD Aseocdates, tnc. COYERSt t 12/03/02 W b GSD Associates, Inc. SP -1 SITE BOVWDARY AND PRELIMINARY -5UBDtVtS10tV Pl,gP1 1?103f02 c Associates, Inc. SP -2 EXISTING SrrE CONDITIONS t2l03/02 d GZA OeoEmkonmentai, Inc. -Mass. C -1A 04WING CONDrnONS PLAN 12l03V02 e GZA GeoEnvkonmerdat, Inc. -Mase. C-113 EXISTING CONDtTfOAIS PLAN 12!03/02 f GZA GeoEnvimnmental. Inc. -Mess. c -1C EXISTING CONDITIONS. PLAN 12/03102 S GZA GeoEnvironmental, Inc. -Mass. G2A SITE DEVELOPMENT AND GRADING KAN 12/06/02 BOARD OP APPEALS 699-9541 BUR DM 688-9545 CONSERVATION 688-9530 F1EAL.t H 6jg.gS4Q pl,r1,�N(N0 ttR8-9533 S h GZA GeoEnvironmental, Inc. -Mass. C-28 i GZA GeoEnvironmental, Inc. -Mass. C -2C i GZA GeoEnvironmental, Inc. -Mass. C -2D k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-313 n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 p GSD Associates, Inc. SP -3-1 q GSD Associates, Inc. SP -3-2 r GSD Associates, Inc. SP -3-3 s GSD Associates, Inc. SP -3-4 It GSD Associates, Inc. A11-1.1 u GSD Associates, Inc. A11-2.1 v GSD Associates, Inc. A2-1.1 w GSD Associates, Inc. A2-1.2 x GSD Associates, Inc. A2-1.3 y GSD Associates, Inc. A2-2.1 z GSD Associates, Inc. A2-2.2 as GSD Associates, Inc. A3-1.1 ab GSD Associates, Inc. A3-2.1 ac GSD Associates, Inc. A4-1.1 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals This is to se1lify that fl4va(Ity (20) dllyys _; FEST: 6t1 have elapsed frau dr�t®o<d lgp, without filing o4 L i% `i � •_le Copy (•- ` � Date •?OQ 3 l ,f JOYCSA. d`` ` ""Walter F. Soule Town C1ek Town Clerk Acting Chairperson SITE DEVELOPMENT AND GRADING PLAN 12/06/02 SITE DEVELOPMENT AND GRADING PLAN 12/06/02 EROSION AND SEDIMENT CONTROL DETAILS 12/03/02 STORM WATER COLLECTION SYSTEM 12/03/02 DETAILS UTILITY PLAN 12106102 UTILITY PLAN 12/06/02 UTILITY PLAN 12/06/02 PRELIMINARY SITEPLAN 121=02 PRELIMINARY SITEPLAN W/ EASEMENTS 12/03/02 PARTIAL - SITEPLAN 12/03/02 PARTIAL - SITEPLAN 12/03/02 PARTIAL - SITEPLAN 12/03/02 TYP. 36 UNIT BLDG. POOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS TYP. 36 UNIT BLDG. ELEVATIONS - 12/03/02 SCHEMATIC ELEVATIONS TYP. 34 UNIT BLDG. FIRST FLOOR PLAN 12/03/02 TYP. 84 UNIT BLDG. SECOND AND THIRD 12103102 FLOOR PLAN TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN 12/03/02 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 TYP. 84 UNIT BLDG. ELEVATIONS 12/03/02 TYP. TOWN HOUSE FLOORPLANS 12/03/02 TYP. TOWN HOUSE ELEVATIONS 12/03/02 COMMUNITY BLDG. FLOORPLANS 12/03!02 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals This is to se1lify that fl4va(Ity (20) dllyys _; FEST: 6t1 have elapsed frau dr�t®o<d lgp, without filing o4 L i% `i � •_le Copy (•- ` � Date •?OQ 3 l ,f JOYCSA. d`` ` ""Walter F. Soule Town C1ek Town Clerk Acting Chairperson K 118 PG 322 Decision on Comprehensive Permit Applicatio06-,-Y;I J (�;t, I�J4liil CLLRti Valley Realty Development, LLC :rJ«Ti u`.ri t� 231 Sutton Street, Suite 2E North Andover, MA 01845 NO] JAIL 15 P 2: 35 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 .tune 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 01.845; Robert W. Levy, Esq., Eckert Seamans Cherin & Mellott, LLC, Attorneys at Law, One International Place, 1 e 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 Leading, MA 01864; Steven Trettel, GZA- GeoEnvironmentai, 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 Applicantfor 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 f=indings 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. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel of 19 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 per cent (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. Fuge 7 of 19 .� �J 8 G 728 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 12/03102 as GSD Associates, Inc. A3-1.1 TYP. TOWN HOUSE FLOORPLANS 12/03/02 ab GSD Associates, Inc. A32.1 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 per cent (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. Fuge 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 Andovor 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 8 fix`- & 8 4 09 31-70 12/03/02 12(03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 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 constrict 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 ®abridge 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 - Buildincts and Uses Permitted: Page 13 of 19 v GSD Associates, Inc. A2-1.1 TYP. 84 UNIT BLDG. FIRST FLOOR PLAN w GSD Associates, Inc. A2-1.2 TYP. 84 UNIT BLDG. SECOND AND THIRD FLOOR PLAN x GSD Associates, Inc. A2-1.3 TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN y GSD Associates, Inc. A2-2.1 TYP. 84 UNIT BLDG. ELEVATIONS z GSD Associates, Inc. A2-2.2 TYP. 84 UNIT BLDG. ELEVATIONS as GSD Associates, Inc. A3-1.1 TYP TO1,WA HOUSE FLOORPLANS ab GSD Associates, Inc. A3-2.1 TYP. TOWN HOUSE ELEVATIONS ac GSD Associates, Inc. A4-1.1 COMMUNITY BLDG. FLOORPLANS 8 fix`- & 8 4 09 31-70 12/03/02 12(03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 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 constrict 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 ®abridge 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 - Buildincts and Uses Permitted: Page 13 of 19 O e "ey 071,0 r G� e ami est A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit. A waiver from this section is granted since the proposed multi family use is not allowable in the industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted from this section in its entirety. This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private or public (1985/20) wvaygiving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted to allow multi -family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district. Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site pian. 7. A Waiver from Section 4.122.18 is granted which states: Any accessory use customarily not incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. A waiver from Section 4.132 is granted insofar as residential multi -family housing is not allowed in an 1-1 zoning district. A waiver from Section 4.132.9 is granted which states: Swimming andlor tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 We I -1PG 3 f t 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - 1131rnensionat Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiver from Footnote 1, page FN1, 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 and 60' from the requirement that no building be located less than 100'f rorn Route 114 as Building #land Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. Page 15 of 19 c c `^ 8 1 8 G 339 Section 8 Supplementary Regulations 15. A waiver is granted from Section 8.1 .1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'xf8', accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan_ 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiverfrom Section 8.1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this secficn in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Pian Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987112) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements undera Comprehensive Permit (Chapter40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 9 89118 PG 40 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 -Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I -S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Pees A waiver is granted for water and sewerconnection fees associated with the 75 affordable units [see Specific Condition 429, Page 11 of 19). Page 19 of 19 REGULATORY AGREEMENT [FHLBB-NEW ENGLAND FUND] For Ownership Projects This Regulatory Agreement (this "Agreement") is made this V� ' day of May 2005 by Valley Realty Development, LLC , a Massachusetts Limited Liability Company having an address at 231 Sutton Street P.O. Box 907, North Andover, MA 01845 ("Developer") and T.D. Banknorth, N.A. of 370 Main Street, Worcester, MA 01608 the "Bank"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND: A. The Developer intends toconstruct a 269 unit homeownership development on an approximate 47.14 acre site on Turnpike Street Road in North Andover, MA, more particularly described in Exhibit A attached to and made a part of this Agreement (the "Project"). B. The Developer has received a comprehensive permit (the "Comprehensive Permit") from the Zoning Board of Appeals for the City/Town of North Andover (the "Municipality") under Chapter 40B of the Massachusetts General Laws, which permit is recorded at the Essex North District Registry of Deeds (the "Registry") at Book 8978, Page 320. C. The Comprehensive Permit has specified that 75 units, or 27.78% of the total units in the Project will be affordable units (the "Affordable Units") which will be subject to this Regulatory Agreement to restrict the sale of the Affordable Units to moderate income first time home buyers. D. Pursuant to the terms of this Regulatory Agreement, the Affordable Units will be sold to households earning no more than eighty percent (80%) of the median income, by household size, for the Lawrence. MA -NH PMSA Area (the "Base Income") as published from time to time by the Department of Housing and Community Development of the Commonwealth of Massachusetts or successor agency ("DHCD"). E. The Project is being financed under the Federal Home Loan Bank of Boston's New England Fund ("NEF") and the NEF requires that the Developer provide the number of Affordable Units described above. F. Pursuant to the requirements of the Comprehensive Permit and this Regulatory Agreement, the Developer has agreed to retain Citizens' Housing and Planning Association, Inc. (the "Monitoring Agent") to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. G. The Affordable Units in Oakridge Village are the following Units: Building l: Units 3, 5, 9, 11,15, 17, 21, 23, 27, 33, 35; Building 2: Units 39, 41, 45, 47, 51, 53, 59, 63, 65, 71; Building 3: Units 76, 81, 83, 86, 92, 95, 98, 104, 107; Building 4: Units 110, 112, 114, 117, 119, 121, 123, r} E C E 9 W D _1- {K0250921.81 U OCT 14 2005 BOARD OF APPEALS 125, 127, 128, 130, 132, 134, 139, 141, 145, 149, 151,154, 158, 163, 165, 173, 175, 178 and in Maplewood Reserve the following Units: Building 6: Unit 7 and 10;. Building 9: Unit 4; Building 11: Unit 4; Building 13: Units 2 and 4; Building 14: Unit 2; Building 15: Unit 2; Building 16: Units 2 and 5; Building 17: Unit 2; Building 18: Units 2 and 4; Building 20: Unit 2; Building 22: Unit 2; Building 23: Units 2 and 4; Building 25: Unit 2; Building 26: Unit 3: Building 27: Unit 3 all at Maplewood Reserve/Oakwood Village Condominium, a condominium to be established by Master Deed to be recorded with the Registry. The Affordable Units are the Units referred to as the First Home Units in the Master Deed. NOW THEREFORE, in consideration of the agreements and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Developer and the Bank agree and covenant as follows: 1. Unit Designation. The distribution of the Affordable Units by unit size shall be as set forth below: Number of Units 1 BEDROOM 18 Oakridge Village Bldg./Unit Nos. 2 BEDROOM 37 Oakridge Village Bldg./Unit Nos. 3 BEDROOM 20 Maplewood Reserve Bldg./Unit Nos. Building 1: Units Building 1: Units Building 6: Units 7 and 5, 9, 17, 21, 33. 3, 11,15, 23, 27, 35. 10. Building 2: Units Building 2: Units Building 9: Unit 4. 41, 45, 53, 65. 39, 47, 51, 59, 63, 71. Building 11: Unit 4. Building 3: Units Building 3: Units 81, 86, 98. 76, 83, 92, 95, 104, 107. Building 13: Units 2 and 4. Building 4: Units Building 4: Units 110, 121, 127, 134, 112,114,117,119,123, Building 14: Unit 2. 145, 158. 125, 128, 130, 132, 139, 141, 149, 151, 154, 163, Building 15: Unit 2. 165, 173, 175, 178. Building 16: Units 2 and 5. Building 17: Unit 2. Building 18: Units 2 and 4. -2- (K0250921.8) Initial Affordable Price $146,000.00 $160,000.00 $174,000.00 (the initial Certified Sale Price) The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the Base Income for a family of four (4) would pay no more than 33% of gross income for the sum of annual debt service on a mortgage of 95% of the Certified Sales Price (including principal and interest at current interest rates) plus property taxes, property insurance (unless covered by the condominium fees), private mortgage insurance and any required condominium association fees. The Certified Sales Price shall be determined by the Monitoring Agent. 2. Affordability. Except as specifically provided in the Deed Rider attached as Exhibit B, the Affordable Units shall be sold to households which have an annual income equal to or less than the Base Income as adjusted from time to time according to DHCD guidelines. The first sale of an Affordable Unit by the Developer shall be at a price not in excess of the Initial Affordable Price set forth in Section 1 of this Agreement for that Affordable Unit. Subsequent sales ("Resales") of Affordable Units shall be for sale prices that are affordable to families of four whose gross annual income is equal to 80% of the median income for the Haverhill MA -NH Primary Metropolitan Statistical Area as determined by DHCD at the time of such subsequent sale (the "Maximum Resale Price"). The Maximum Resale Price shall be determined by the Monitoring Agent within fourteen (14) days of the Monitoring Agent receiving notice from the seller of its intention to sell the Affordable Unit, and shall be calculated in the same manner as the Certified Sales Price, above. In the event that a subsequent seller of an Affordable Unit disputes the Monitoring Agent's determination of the Maximum Resale Price, the Seller may appeal said determination to the Municipality or its designated board or official, which may, in its sole discretion, either (a) affirm the Monitoring Agent's determination; (b) annul the Monitoring Agent's determination and set a different Maximum Resale Price; or (c) annul the Monitoring Agent's determination and direct the Monitoring Agent to re -calculate the Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit and -3- (K0250921.8) Building 20: Unit 2 Building 22: Unit 2. Building 23: Units 2 and 4. Building 25: Unit 2 Building 26: Unit 3. Buildin 27: Unit 3 Initial Affordable Price $146,000.00 $160,000.00 $174,000.00 (the initial Certified Sale Price) The Certified Sale Price of an Affordable Unit shall be the price such that a household earning the Base Income for a family of four (4) would pay no more than 33% of gross income for the sum of annual debt service on a mortgage of 95% of the Certified Sales Price (including principal and interest at current interest rates) plus property taxes, property insurance (unless covered by the condominium fees), private mortgage insurance and any required condominium association fees. The Certified Sales Price shall be determined by the Monitoring Agent. 2. Affordability. Except as specifically provided in the Deed Rider attached as Exhibit B, the Affordable Units shall be sold to households which have an annual income equal to or less than the Base Income as adjusted from time to time according to DHCD guidelines. The first sale of an Affordable Unit by the Developer shall be at a price not in excess of the Initial Affordable Price set forth in Section 1 of this Agreement for that Affordable Unit. Subsequent sales ("Resales") of Affordable Units shall be for sale prices that are affordable to families of four whose gross annual income is equal to 80% of the median income for the Haverhill MA -NH Primary Metropolitan Statistical Area as determined by DHCD at the time of such subsequent sale (the "Maximum Resale Price"). The Maximum Resale Price shall be determined by the Monitoring Agent within fourteen (14) days of the Monitoring Agent receiving notice from the seller of its intention to sell the Affordable Unit, and shall be calculated in the same manner as the Certified Sales Price, above. In the event that a subsequent seller of an Affordable Unit disputes the Monitoring Agent's determination of the Maximum Resale Price, the Seller may appeal said determination to the Municipality or its designated board or official, which may, in its sole discretion, either (a) affirm the Monitoring Agent's determination; (b) annul the Monitoring Agent's determination and set a different Maximum Resale Price; or (c) annul the Monitoring Agent's determination and direct the Monitoring Agent to re -calculate the Maximum Resale Price using criteria consistent with the intent of the Comprehensive Permit and -3- (K0250921.8) this Agreement. The seller's appeal of the Monitoring Agent's determination to the Municipality shall be its sole remedy, and the Municipality's decision shall be final. 3. Deed Riders. Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider substantially in the form of Exhibit B attached to and made a part of this Agreement (each a "Deed Rider"). Each Deed Rider shall require the unit owner at the time he/she desires to sell the Affordable Unit to notify the Monitoring Agent so that the Monitoring Agent can make a determination of the Maximum Resale Price. The owner of the Affordable Unit must thereafter offer the unit to the Municipality at the Maximum Re -sale Price which may or may not exercise its right -of -first refusal and if not, the seller must find a purchaser who meets the income guidelines. The Deed Rider requires the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed Rider which shall be attached to and made a part of the deed from the . owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent resale of the Affordable Unit occurs during the period of affordability specified in this Agreement. 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the members, or other owners of Developer or of the Project shall not exceed twenty percent (20%) of total development costs of the Project, exclusive of development fees (the "Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement'of total development costs together with a statement of gross sales revenues from the Project received by the Developer to date certified by the Developer ("Certified Cost and Income Statement"). If all units in the Project which are offered for sale have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring Agent, the Developer shall at least once every ninety (90) days thereafter, until such time as all of the units which are offered for sale are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement. After all units in the Project which are offered for sale have been sold, the Developer shall deliver to the Monitoring Agent a final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality. The Municipality shall deposit such funds into 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. The Allowable Profit shall be measured as the excess of certified income, less any brokerage fees and commissions and selling expenses over certified costs and less all development costs related to the Project including costs incurred by the developer as administrative and overhead expenses which do not exceed four percent (4%) of total development costs, excluding such administrative and overhead costs. Acceptable development costs include, but are not limited to, the cost of site acquisition, which for the purposes of the Certified Cost and Income. Statement used for the calculation of the Dividend Limitation, shall be defined as the market value of the Land determined by Avery Associates, the appraiser for T.D. Banknorth, N.A, which shall not be less than $8,250,000. -4- (K0250921.8) 5. Affirmative Marketing. The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area -wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to maintain for at least five (5) years following the sale of the Affordable Units, a record of all newspaper ads, outreach letters translations, leaflets and any other outreach efforts which may be inspected by the Monitoring Agent or the Municipality. 6. Recording. Upon execution of this Agreement, the Developer shall immediately cause this Agreement to be recorded or filed with the Registry. Upon recording and/or filing as applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent evidence of such recording and/or filing. Representations. The Developer represents, covenants and warrants as follows: (a) The Developer (i) is a limited liability company duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this state, (ii) has the power and authority to own properties and assets and to carry on its business as now being conducted, and (iii) has full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the Project free and clear of any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to the Project, or other permitted encumbrances. 8. Governing Law/Amendments/Severability. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties to this Agreement. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions of this Agreement. 9. Monitoring Agent. The Developer shall retain the Monitoring Agent for purposes of monitoring Developer's performance under this Agreement pursuant to an agreement acceptable to -5- {K0250921.81 the Monitoring Agent and the Bank. All notices and reports required to be submitted under this Agreement shall be submitted directly to the Monitoring Agent. The Monitoring Agent shall have authority to act in all matters relating to this Agreement. 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered snail, postage prepaid, return receipt requested, to the parties to this Agreement at the addresses set forth below, or to such other place as a party may from time to time designate by written notice with a copy to the Monitoring Agent: Developer: Valley Realty Development, LLC P.O. Box 907 North Andover, MA 01845 T.D. Banknorth, N.A. 370 Main Street, Worcester, MA 01608 Attn: Stephen Jaskelevicus, Vice President ( Monitoring Agent: Citizens Housing and Planning Association, Inc. 18 Tremont Street Boston, Massachusetts 02108 Municipality: North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Attention: Chairman 11. Term. The term of this Agreement shall be ninety-nine years, unless this restriction is approved as an affordable housing restriction in accordance M.G.L. c. 184, §§ 31-33, in which case the restriction shall be in perpetuity, terminating with respect to each of the Affordable Units on the date on which the Deed Rider attached as Exhibit B is no longer applicable to such Affordable Unit.. Upon the expiration of the term of each Deed Rider, each of the then owners of Affordable Units shall be bound to pay to the Municipality (a) all proceeds of sale at the time of sale in excess of the Maximum Resale Price of such unit at the time of sale as if such unit were still subject to -6- tK0250921.81 the provisions of this Agreement, which sale shall be at arms length and for the fair market value of such unit, or (b) a payment by refinancing or from other sources to the Municipality in the same amount as the Municipality would receive if such unit were still subject to the provisions of this Agreement in the event of a sale at fair market value on the date of payment the expiration of the term of this Agreement. The provisions of this section of this Agreement shall survive the expiration of the term of this Agreement. 12. Successors and Assigns. The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained in this Agreement shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns for the term of the Agreement. Developer agrees that any and all requirements of the laws of The Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 13. Default. If any default, violation or breach by the Developer under this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Bank and the FHLBB that the Developer is in violation of the terms and conditions of this Agreement. The Bank and/or the FHLBB may exercise any remedy available to it, including calling its advance under the NEF or increasing the interest rate on such advance. The Municipality or the Monitoring Agent may also exercise any legal remedy available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent in enforcing this Agreement, and, in the event of any action by the Monitoring Agent against the Developer, the Monitoring Agent shall be entitled to seek an attachment against the Developer's property including, without limitation, its interest in the Project. The Monitoring Agent may perfect alien on the Project by recording/filing one or more certificates setting forth the amount of the costs and expenses due and owing in the Registry. A purchaser of the Project or any portion of it shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or portion thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has obtained the consent or subordination of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions of this Agreement and that all such mortgagees have executed a consent or subordination to this Agreement which shall be recorded/filed herewith. 15. Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 16. Indemnification. The Developer, for itself and its successors and assigns, agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, -7- (K0250921.8) including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. 17. Amendments This Agreement shall not be amended without written consent of the Monitoring Agent. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: Valley Realty Development, LLC By. homas D. Laudani, Its Manager By: , Jr., Irk Manal BANK: T.D. Banknorth, N.A. By:./�( -� Stephen M. Jaskelevicus, Its Vice President TH OF MASSACHUSETTS County of Essex, ss y` On this Z S day of May, 2005, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as a Manager of Valley Realty Development, LLC, NOTARY PUBLIC _ ROBERT W. LEVY Notary Public Commonwealth of Massachusetts My Commission Expires February 27, 2009 -8- (K0250921.8) QP��\�G i v T v U<j ............ CL LL (a) cost 10 O Ul Z() C7 jos OOZ (G) Sozz 90 loft it i I Fa QP��\�G i v T v rC4 cit 7v --c- Put r l 15 NA Town Documents Nn E C JAN I ' 2006 U C���.rkri�•i,�ti i�l�.r���. �.rr��•�. �.r ��� 1 �� «� c•� ca ti F2 �� ti �� r � � t� �c•�rzti2r�ti IAW .c•�tt�rti- HOMEOWNERSHIP OPPORTUNITY 75 AFFORDABLE CONDONBNIUMS under construction at Page 1 of 2 Oakridge Village & Maplewood Reserve, 2357 Tumpike St., No.Andover TO BE SOLD BY LOTTERY TO ELIGIBLE HOMEBUYERS Granite Counter Tops, Swimming Pool, Community Room & More! (18) 1-Bedroom,1 Bath Price $140,000; 793 & 834 sq. ft. apprx. (37) 2 -Bedroom, 1-W - 2 Baths Price $158,000; 909 & 1008-1287 sq. ft. apps. (20) 3 -Bed, 2 Baths (Min) Price: $176,200; 1690 & 1885 sq. ft. apprz. INFORMATIONAL MEETINGS SCHEDULED: 1/5 & 1/24, 7PM 9PM Location: No. Andover High School (Cafeteria) 430 Osgood St. OPEN HOUSES SCHEDULED: 1/11 124PM,1/25 4-7PM, 2/1 124PM Location: Community Ctr, 2357 Turnpike St, No. Andover Applications and Information Packets for the Oakridge Village and Maplewood Reserve affordable condominium lottery in North Andover, Massachusetts are now available. Of the seventy-five affordable units available, a Local Set Aside of fifty-two units has been established for current and retired municipal employees of the Town of North Andover and North Andover Housing Authority, current residents of North Andover or children, parents, siblings or grandparents of a current North Andover resident. Twenty-three units are included in the Open Pool. Additional information and other threshold requirements are outlined in the n Application and Information Packages which are available at: E I Stevens Memorial Library North Andover Town Hall BOAR[ 144 �orthandover.com/homelottery.html 1/3/2006 NA Town Documents Page 2 of 2 345 Main St, No. Andover 120 Main St, No. Andover Or Write To: JTE Realty Associates, P. O. Box 955, North Andover, Ma. 01845 Or e-mail: meadows@.iterealtyassociates.com MAILING ADDRESS MUST BE PROVIDED The deadline for submitting an application is postmark no later than 2/13/06. The affordable condominium unit lottery will be held on March 9, 2006 at the North Andover High School. Click here to go back http://townofnorthandover.com/homelottery.html 1/3/2006 Glennon, Michel From: Michel Glennon [mglennon@townofnorthandover.com] on behalf of Glennon, Michel Sent: Thursday, April 28, 2005 12:35 PM To: Griffin, Heidi Subject: RE: Subsidizied Housing Inventory Meetinghouse Commons has taken out foundation permits for 3 of the 88 units in December 2004. The land needed to be released from the Agricultural Land classification, stretching the time between the 4-24-02 decision and last December. Their Regulatory Agreement & Deed Rider have been accepted by the NA ZBA. O,a ridge/Maplewood has taken out a building permit for the Common Building. -----Original Message ----- From: Griffin, Heidi Sent: Tuesday, April 26, 2005 12:12 PM To: Rees, Mark; Glennon, Michel Subject: Subsidizied Housing Inventory Hi Mark and Mich, I reviewed the letter sent to Rosemary Smedile from DHCD stating that our Housing Percentage is 5.81 percent. The reason for this percentage [which is lower than anticipated] is due to the fact that DHCD is not counting the units at Meetinghouse Commons and Oakridge Village [the Meadows]. Both of these would be 22 units, and 75 units, respectively. DHCD states that "If a period of more than one year lapses before the corresponding building permits are issued and the long term use restriction is executed through a regulatory agreement or a deed rider, the units will become ineligible to be counted towards the SHI until such date that both the building permits are issued and the long term Ouse restriction is executed". Through virtue of this email, I would ask that Mich Glennon confirm the long term deed riders and/or regulatory agreements have been executed. However, I realize that building permits have been very little issued at these projects having done site visits at both of themthe last two weeks. At meetinghouse commons, 1 only observed 3-4 foundations, and the meadows only had their foundation and building permit for the "common/poolhouse" building. If Mich discovers that they have subsequently asked for additional building permits on the affordable units I will have her inform me of this information and we will send a package to DHCD updating them. Until then, it appears their information is accurate. Thanks, Heidi Tracking: N Recipient Griffin, Heidi Delivery Read Delivered: 4/28/05 12:42 PM Read: 4/28/05 1:53 PM JTE REALTY ASSOCIATES, LLC Development, Management, & Consulting November 7, 2005 Mr. Curt Bellavane Director of Community Development Town of North Andover North Andover, Massachusetts 01845 Re: Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) Dear Mr.Bellavane: Enclosed please find the revised Homebuyers Affirmative Marketing and Buyers Selection Plan for the above -referenced property which has been modified to reflect sales prices at the time of advertising as follows: One Bedroom - $140,000 Two Bedroom - $158,000 Three Bedroom - $176,200 This is in accordance with CHAPA policy. Sincerely, JTE REALTY ASSOCIATES, LLC: Judith Epstein, Manager Cc: Ms. Christina Minicucci lll] KOLL-3--4A4 P.O. Box 955, North Andover, MA 01845 BOARD OF APPEALS Tel. 978-683-9684 a Fax 978-974-0751 www.jterealtyassociates.com X '� -I b A 6.ev�/Jt-t= ooq6,A5 November 7, 2005 Ms. Judith Epstein Manager HE Realty Associates, LLC P. O. Box 955 North Andover, Massachusetts Re: Oak Point Village, Saugus, Massachusetts Homebuyers Affirmative Marketing and Buyers Selection Plan Dear Ms. Epstein: This letter is to confirm that Judy Epstein of HE Realty Associates, LLC has submitted to the Director of Community Development the revised Homebuyer's Affirmative Marketing and Buyers Selection Plan, with the revised sales prices for the affordable units. Sincerely, Curt Bellavane Director of Community Development NN C E 0 W E NOV 8 - 2005 BOARD OF APPEALS REVISED November 7, 2005 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) 2357 Turnpike Street North Andover, Massachusetts Submitted by: Contact: Judy Epstein HE Realty Associates, LLC P. O. Box 955 North Andover, Massachusetts 01845 Telephone (978) 258-3492 Nm C E � W N NOV 8 - 2005 BOARD OF APPEALS Oakridge Village Maplewood Reserve Property Description The project is a community of 270 new construction condominiums located at 2357 Turnpike Street. The project is being developed by Valley Realty Development, LLC, also located in North Andover. The project consists of Oakridge Village (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows.) Oakridge Village consists of 192 condominium units located in 4 three-level elevator buildings constructed of steel frame and concrete flooring with 45 one -bedroom units and 147 two-bedroom units, community building, outdoor pool and 428 parking spaces. Maplewood Reserve consists of 78 three-bedroom townhouse condominiums located in 27 residential buildings, a community building, outdoor pool and 234 parking spaces. Each community building will have sitting area with fireplace, fitness center and common area kitchen. Other site amenities within the community include a tot lot, hiking trails and kiosk bus stop. Pre -construction one bedroom market rate units will range in price from $216,000 to $240,000. The eighteen (18) affordable one -bedroom units will have a price of $140,000. Pre -construction two bedroom market rate units will range in price from $259,000 to $319,000. The thirty seven (37) affordable two-bedroom units will have a price of $158,000. Pre -construction three bedroom market rate units will range in price from $445,000 to $449,000. The twenty (20) affordable three bedroom townhouses will have a price of $176,200. The affordable prices have been calculated in accordance with the applicable regulations set forth by CHAPA. Seventy Five Affordable Units Twenty-five percent (25%), plus an additional seven units for a total of 75 units (27.78%), will be sold by lottery as affordable units. The affordable units will be dispersed throughout the development, mixed with market rate units, and shall be indistinguishable from the outside as being affordable. The applicant shall endeavor to not locate any two affordable units contiguous to each other unless the design of the buldings 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 the 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. -1- The one, two and three bedroom affordable units will be allocated between the major set- aside categories follows: 18 3 7 20 75 1 -Bedroom 2 Bedroom 3 Bedroom Total Units Up to Local Set Aside 70% 12 26 14 52 General Population 30% 6 11 6 23 Total 18 37 20 75 Purchasers of the 75 affordable units will be required to have incomes below 80% of current Median Income for the Lawrence PMSA, adjusted for family size. Annual income is defined as the gross annual income of all household members over the age of 18 (not including full time dependent students) during the most recent calendar year. For households under the age of 55, the total gross asset limitation is $50,000, including the value of all real estate that must be sold. If one household member is over the age of 55, the total gross household asset limitation is $425,000 including the value of all real estate Other threshold requirements, such as a mortgage pre -approval, the ability to pay down payment and closing costs and the sale of all real estate on the part of applicants apply. Applicants must remain qualified at all stages of the process including pre-screening, lottery selection, mortgage commitment and conveyance. Evidence of eligibility may be requested from the applicant subsequent to the submittal of the application and through the time a unit is sold by the developer. In order to meet regulatory minimum household size requirements for two bedroom units, households with two persons or more will be selected first (First Rank), followed by household sizes of one person (Second Rank). In order to meet regulatory minimum household size requirements for three bedroom units, households with three persons or more will be selected first (First Rank), followed by household sizes of two persons (Second Rank), followed by household sizes of one person (Third Rank). Local Set Aside Local Set Aside — Up to 70%, 52 Units: Up to seventy percent (70) percent of the seventy five (75) units, a total of fifty-two (52) units, will be established as a local set aside. The Lawrence PMSA has a minority percentage of 19.9%. In order to comply with DHCD regulations, after the close of the advertising period, if the percentage of minority applicants in the local preference pool is less than the percentage of minorities in the surrounding HUD -defined area, the number of minority applicants in the local preference pool will be adjusted to the percentage of minorities in the surrounding HUD -defined area, by adding the required number of minority applications from the general pool to achieve the appropriate representation within the local preference pool. -2- A pre -lottery will be conducted on the day of the lottery to select the appropriate number of minority applications that will be entered in the local preference pool to comply with this regulation. Applicants will be entered into all pools for which they qualify. To be eligible for the local preference pool, at least one member of the applicant household must be a current North Andover municipal employee, as defined, a current North Andover resident, as defined or relative of a current Andover resident, as defined. A North Andover municipal employee is defined as a household in which any member is employed by the Town of North Andover or any member of the household that is employed by the North Andover Housing Authority or retired by the North Andover Housing Authority regardless of where they currently reside. A resident of the Town of North Andover is defined as a current resident of the Town of North Andover. An Immediate family member is defined as a parent, child, sibling or grandparent, regardless of where they currently reside. General Population — 30%, 23 Units: Thirty percent (30%) of the 75 units equal to 23 units will be set aside for the general population. Eligible applicants will be placed in as many pools as that they are qualified to enter in accordance with DHCD regulations. A confirmation letter indicating which lottery pools the eligible applicants have been entered into and a registration card/ballot with registration number will be provided by mail, at the conclusion of all preliminary requirements, as noted above. Affirmative Marketing Plan In accordance with Section 5 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area -wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least sixty (60) days prior to the selection of buyers for the affordable units. The Developer agrees to maintain for at least five (5) years following the sale of the affordable units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality. -3- Advertising and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The outreach program will also inform local residents and non-residents about the availability of the affordable program units. The affirmative fair marketing plan will utilize the following approach: • An announcement of the lottery shall be mailed to the Metrolist Clearinghouse in Boston City Hall. • Newspaper advertising in minority and community publications • Communications with community groups, social, religious, municipal • Web Site Advertising Advertisements will be placed in the following newspapers: Newspaper Target Market Rumbo Hispanic Baystate Banner African American The SamPan Asian/Pacific Islander Portuguese Times Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be placed in all of the newspapers twice (one/month) during the sixty day advertising period. All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as The Eagle Tribune and other community newspaper publications will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years. Outreach Plan In addition to newspaper advertising in minority and community publications, outreach efforts will be made to local churches, social services, and civic organizations with a follow-up letter to each organization which will explain the affordable condominium home opportunity at Oakridge Village and Maplewood Reserve for participation by -4- eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. This will include details of where or how to obtain an application and information packet and details regarding the informational sessions. Advertising and Sales Promotion Timetable Subsequent to receiving the CHAPA approval, outreach advertising will commence for a sixty (60) day period prior to estimated completion date of the first affordable unit. The projected occupancy date of the first affordable unit is January 2006. Advertising and outreach is projected to commence in September through October 2005. During this period of time applications will be accepted from all groups. Two informational meetings will be held during the sixty (60) day advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend an informational meeting. Within a two to three week period of the close of the advertising, the lottery will be conducted. Buyer Selection Process The selection process for the affordable units will consist of two pools referenced generally as the affordable unit lottery selection. The pools have been designed to recognize a local preference category and a general pool category, as outlined and further defined in the Seventy Five Affordable Units section above. P001 #1 Pool #2 AFFORDABLE UNITS AFFORDABLE UNITS Local Preference General Population 52 Units 23 Units (12) 1 Bedroom Units (6) 1 Bedroom Units (26) 2 Bedroom Units (11) 2 Bedroom Units (14) 3 Bedroom Units (6) 3 Bedroom Units Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail and will receive a confirmation letter and Registration Card indicating that they have been entered into the lottery, at the conclusion of the advertising period: • Confirmation Letter — confirming threshold eligibility with registration number • Registration Card — This registration card will have two sections, an applicant section and a perforated section representing a ballot for the lottery pool. Applicants will receive their portion of the card. The perforated matching ballot will be used to enter the eligible applicants in the local preference pool and/or the -5- general pool. The ballot will have a matching registration number to the applicant registration section. The ballots will be placed in a ballot box and drawn randomly one by one, by unit type. The order of the ballot selection will be as follows: Pool 41 Pool #2 As the ballots are drawn, the ballot number will be assigned a lottery selection number in the order drawn. Two Lottery Selection Lists will be established to match the corresponding Affordable Unit Lottery Pools and to track the order of ballot selection, by unit type. The order of drawing will be Pool 41 followed by Pool #2. After completing the selection of all ballots in Pool #1 and assigning a lottery selection placement number on the Pool 41 Lottery Selection List, the lottery selection will move on to Pool 42 and the same procedure will be implemented until all ballots have been pulled for both Pools and all Lottery Selection Lists have been completed. If there is an insufficient number of ballots in Pool #1 to fill the affordable local set aside units, the remaining units will be added to Pool 42, by unit type. Once the ballot selection is complete, the appropriate number of selected applicants will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant will be notified that they must begin the process of obtaining their financing. 0 Oak Ridge Village/Meadows Andover, Massachusetts Sales Price Calculation of Affordable Units 2005 Lawrence PMSA One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit 1 person - $40,600 2 persons — 46,400 3 persons — 52,200 4 persons — 58,000 AMI 75,750 5 persons — 62,650 One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit Three Bedroom Sales Price @ 70% of 4 Person Limit Income — 42,420 $47,740 53,060 33% of Income 33% 33% 33% Gross Monthly Income Available for Debt, Taxes, Insurance, PMI 1,167 $1,313 1,459 Less: Taxes ($11.52) 134 152 169 Less: Insurance (Included in Condo Fee) N/A Less: PMI (Estimate) 86 97 108 Less: Condo Fee (Estimates) 153 168 183 Net Income Available for Debt 794 $ 896 999 Maximum Mortgage @ 6%, 30 Years 133,072 $150,167 167,430 Maximum Sales Price Assuming 5% DP 140,076 $158,071 176,242 Rounded 140,000 $158,000 176,200 HE REALTY ASSOCIATES, LLC Development, Management, & Consulting November 7, 2005 Mr. Curt Bellavane Director of Community Development Town of North Andover North Andover, Massachusetts 01845 Re: Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) Dear Mr.Bellavane: Enclosed please find the revised Homebuyers Affirmative Marketing and Buyers Selection Plan for the above -referenced property which has been modified to reflect sales prices at the time of advertising as follows: One Bedroom - $140,000 Two Bedroom - $158,000 Three Bedroom - $176,200 This is in accordance with CHAPA policy. Sincerely, JTE REALTY ASSOCIATES, LLC. Judith Epstein, Manager Cc: Ms. Christina Minicucci �ECG11E,dWN N01,x- P.O. Box 955, North Andover, MA 01£45 BOARD OF APPEALS Tel. 978-683-9684 e Fax 978-974-0751 www jterealtyassociates.com November 7, 2005 Ms. Judith Epstein Manager JTE Realty Associates, LLC P. 0. Box 955 North Andover, Massachusetts Re: Oak Point Village, Saugus, Massachusetts Homebuyers Affirmative Marketing and Buyers Selection Plan Dear Ms. Epstein: This letter is to confirm that Judy Epstein of JTE Realty Associates, LLC has submitted to the Director of Community Development the revised Homebuyer's Affirmative Marketing and Buyers Selection Plan, with the revised sales prices for the affordable units. Sincerely, Curt Bellavane Director of Community Development Nm C Eod15, Di NOV 8 - 2005 BOARD OF APPEALS REVISED November 7, 2005 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Oakridge Village (f/k/a The Upper Meadows) Maplewood Reserve (f/k/a The Lower Meadows) 2357 Turnpike Street North Andover, Massachusetts Submitted by: Contact: Judy Epstein JTE Realty Associates, LLC P. O. Box 955 North Andover, Massachusetts 01845 Telephone (978) 258-3492 N C E � W E [�) c NOV 8 - 2QOa BOARD OF APPEALS Oakridge Village Maplewood Reserve Property Description The project is a community of 270 new construction condominiums located at 2357 Turnpike Street. The project is being developed by Valley Realty Development, LLC, also located in North Andover. The project consists of Oakridge Village (f/k/a the Upper Meadows) and Maplewood Reserve (f/k/a the Lower Meadows.) Oakridge Village consists of 192 condominium units located in 4 three-level elevator buildings constructed of steel frame and concrete flooring with 45 one -bedroom units and 147 two-bedroom units, community building, outdoor pool and 428 parking spaces. Maplewood Reserve consists of 78 three-bedroom townhouse condominiums located in 27 residential buildings, a community building, outdoor pool and 234 parking spaces. Each community building will have sitting area with fireplace, fitness center and common area kitchen. Other site amenities within the community include a tot lot, hiking trails and kiosk bus stop. Pre -construction one bedroom market rate units will range in price from $216,000 to $240,000. The eighteen (18) affordable one -bedroom units will have a price of $140,000. Pre -construction two bedroom market rate units will range in price from $259,000 to $319,000. The thirty seven (37) affordable two-bedroom units will have a price of $158,000. Pre -construction three bedroom market rate units will range in price from $445,000 to $449,000. The twenty (20) affordable three bedroom townhouses will have a price of $176,200. The affordable prices have been calculated in accordance with the applicable regulations set forth by CHAPA. Seventy Five Affordable Units Twenty-five percent (25%), plus an additional seven units for a total of 75 units (27.78%), will be sold by lottery as affordable units. The affordable units will be dispersed throughout the development, mixed with market rate units, and shall be indistinguishable from the outside as being affordable. The applicant shall endeavor to not locate any two affordable units contiguous to each other unless the design of the buldings 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 the 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. -1- The one, two and three bedroom affordable units will be allocated between the major set- aside categories follows: 18 3 7 20 75 1 -Bedroom 2 Bedroom 3 Bedroom Total Units Up to Local Set Aside 70% 12 26 14 52 General Population 30% 6 11 6 23 Total 18 37 20 75 Purchasers of the 75 affordable units will be required to have incomes below 80% of current Median Income for the Lawrence PMSA, adjusted for family size. Annual income is defined as the gross annual income of all household members over the age of 18 (not including full time dependent students) during the most recent calendar year. For households under the age of 55, the total gross asset limitation is $50,000, including the value of all real estate that must be sold. If one household member is over the age of 55, the total gross household asset limitation is $425,000 including the value of all real estate Other threshold requirements, such as a mortgage pre -approval, the ability to pay down payment and closing costs and the sale of all real estate on the part of applicants apply. Applicants must remain qualified at all stages of the process including pre-screening, lottery selection, mortgage commitment and conveyance. Evidence of eligibility may be requested from the applicant subsequent to the submittal of the application and through the time a unit is sold by the developer. In order to meet regulatory minimum household size requirements for two bedroom units, households with two persons or more will be selected first (First Rank), followed by household sizes of one person (Second Rank). In order to meet regulatory minimum household size requirements for three bedroom units, households with three persons or more will be selected first (First Rank), followed by household sizes of two persons (Second Rank), followed by household sizes of one person (Third Rank). Local Set Aside Local Set Aside — Up to 70%, 52 Units: Up to seventy percent (70) percent of the seventy five (75) units, a total of fifty-two (52) units, will be established as a local set aside. The Lawrence PMSA has a minority percentage of 19.9%. In order to comply with DHCD regulations, after the close of the advertising period, if the percentage of minority applicants in the local preference pool is less than the percentage of minorities in the surrounding HUD -defined area, the number of minority applicants in the local preference pool will be adjusted to the percentage of minorities in the surrounding HUD -defined area, by adding the required number of minority applications from the general pool to achieve the appropriate representation within the local preference pool. -2- A pre -lottery will be conducted on the day of the lottery to select the appropriate number of minority applications that will be entered in the local preference pool to comply with this regulation. Applicants will be entered into all pools for which they qualify. To be eligible for the local preference pool, at least one member of the applicant household must be a current North Andover municipal employee, as defined, a current North Andover resident, as defined or relative of a current Andover resident, as defined. A North Andover municipal employee is defined as a household in which any member is employed by the Town of North Andover or any member of the household that is employed by the North Andover Housing Authority or retired by the North Andover Housing Authority regardless of where they currently reside. A resident of the Town of North Andover is defined as a current resident of the Town of North Andover. An Immediate family member is defined as a parent, child, sibling or grandparent, regardless of where they currently reside. General Population — 30%, 23 Units: Thirty percent (30%) of the 75 units equal to 23 units will be set aside for the general population. Eligible applicants will be placed in as many pools as that they are qualified to enter in accordance with DHCD regulations. A confirmation letter indicating which lottery pools the eligible applicants have been entered into and a registration card/ballot with registration number will be provided by mail, at the conclusion of all preliminary requirements, as noted above. Affirmative Marketing Plan In accordance with Section 5 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area -wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least sixty (60) days prior to the selection of buyers for the affordable units. The Developer agrees to maintain for at least five (5) years following the sale of the affordable units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality. -3- Advertising and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The outreach program will also inform local residents and non-residents about the availability of the affordable program units. The affirmative fair marketing plan will utilize the following approach: • An announcement of the lottery shall be mailed to the Metrolist Clearinghouse in Boston City Hall. • Newspaper advertising in minority and community publications • Communications with community groups, social, religious, municipal • Web Site Advertising Advertisements will be placed in the following newspapers: Newspaper Target Market Rumbo Hispanic Baystate Banner African American The SamPan Asian/Pacific Islander Portuguese Times Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be placed in all of the newspapers twice (one/month) during the sixty day advertising period. All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as The Eagle Tribune and other community newspaper publications will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years. Outreach Plan In addition to newspaper advertising in minority and community publications, outreach efforts will be made to local churches, social services, and civic organizations with a follow-up letter to each organization which will explain the affordable condominium home opportunity at Oakridge Village and Maplewood Reserve for participation by -4- eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. This will include details of where or how to obtain an application and information packet and details regarding the informational sessions. Advertising and Sales Promotion Timetable Subsequent to receiving the CHAPA approval, outreach advertising will commence for a sixty (60) day period prior to estimated completion date of the first affordable unit. The projected occupancy date of the first affordable unit is January 2006. Advertising and outreach is projected to commence in September through October 2005. During this period of time applications will be accepted from all groups. Two informational meetings will be held during the sixty (60) day advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend an informational meeting. Within a two to three week period of the close of the advertising, the lottery will be conducted. Buyer Selection Process The selection process for the affordable units will consist of two pools referenced generally as the affordable unit lottery selection. The pools have been designed to recognize a local preference category and a general pool category, as outlined and further defined in the Seventy Five Affordable Units section above. Pool # 1 Pool #2 AFFORDABLE UNITS AFFORDABLE UNITS Local Preference General Population 52 Units 23 Units (12) 1 Bedroom Units (6) 1 Bedroom Units (26) 2 Bedroom Units (11) 2 Bedroom Units (14) 3 Bedroom Units (6) 3 Bedroom Units Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail and will receive a confirmation letter and Registration Card indicating that they have been entered into the lottery, at the conclusion of the advertising period: • Confirmation Letter — confirming threshold eligibility with registration number • Registration Card — This registration card will have two sections, an applicant section and a perforated section representing a ballot for the lottery pool. Applicants will receive their portion of the card. The perforated matching ballot will be used to enter the eligible applicants in the local preference pool and/or the -5- general pool. The ballot will have a matching registration number to the applicant registration section. The ballots will be placed in a ballot box and drawn randomly one by one, by unit type. The order of the ballot selection will be as follows: Pool #1 Pool #2 As the ballots are drawn, the ballot number will be assigned a lottery selection number in the order drawn. Two Lottery Selection Lists will be established to match the corresponding Affordable Unit Lottery Pools and to track the order of ballot selection, by unit type. The order of drawing will be Pool #1 followed by Pool #2. After completing the selection of all ballots in Pool #1 and assigning a lottery selection placement number on the Pool #1 Lottery Selection List, the lottery selection will move on to Pool #2 and the same procedure will be implemented until all ballots have been pulled for both Pools and all Lottery Selection Lists have been completed. If there is an insufficient number of ballots in Pool #1 to fill the affordable local set aside units, the remaining units will be added to Pool #2, by unit type. Once the ballot selection is complete, the appropriate number of selected applicants will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant will be notified that they must begin the process of obtaining their financing. M Oak Ridge Village/Meadows Andover, Massachusetts Sales Price Calculation of Affordable Units 2005 Lawrence PMSA One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit 1 person - $40,600 2 persons — 46,400 3 persons — 52,200 4 persons — 58,000 AMI 75,750 5 persons — 62,650 One Bedroom Sales Price @ 70% of 2 Person Limit Two Bedroom Sales Price @ 70% of 3 Person Limit Three Bedroom Sales Price @ 70% of 4 Person Limit Income — 42,420 $47,740 53,060 33% of Income 33% 33% 33% Gross Monthly Income Available for Debt, Taxes, Insurance, PMI 1,167 $1,313 1,459 Less: Taxes ($11.52) 134 152 169 Less: Insurance (Included in Condo Fee) N/A Less: PMI (Estimate) 86 97 108 Less: Condo Fee (Estimates) 153 168 183 Net Income Available for Debt 794 $ 896 999 Maximum Mortgage @ 6%, 30 Years 133,072 $150,167 167,430 Maximum Sales -Price Assuming 5% DP 140,076 $158,071 176,242 Rounded 140,000 $158,000 176,200 VALLEY REALTY DEVELOPMENT, LLC 978-470-8257 phone 978-470-2690 fax .February 7, 2003 Jane Wallis Gumble, Director Dept. of Housing and Community Development One Congress Street, 10th Floor Boston, MA 02114 Re: Comprehensive Permit Approval Dear Ms. Gumble: On January 14, 2003, .the -North Andover -Zoning .:Boarci �of. Appeals voted .unanirnously to grant a comprehensive permit -to Valley Realty Development, LLC for 270 units of housing to be constructed at 2357 Turnpike":Street, North Andover: Of the 270 units, '27.78% or 75 units will be affordable: The permit was filed with the Town Clerk on January 15,2003. On February 4, 2003, the appeal period expired with -no.appeals. Thank you for'your continued support of affordable -housing -in the' -Commonwealth. Sincerely, Valley Realty Development, LLC Karen Pollastrino TUkp cc: Gerry -Lynn Darcy Rob Levy, Esq. Tom Laudani, Manager G:\DATA\WPFILES\Northpoint\Meadows\Comp. Permit\Decision\gumble.ltr DE cc FEB 11 2003 U BOARD OF APPEALS P.O. Box 3039, Andover, MA 01810 0�� Oki- Town of North Andover O� tkORTH Office of the Zoning Board of Appeals Community Development and Services Division 1 27 Charles Street North Andover, Massachusetts 01845 4SSA�„�sE% D. Robert Nicetta Bitilding Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 FAX TRANSMISSION TO: K(A reor o i oiStr,vi� FAX NUMBER: 9706' 6 S V FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: a. DATE: SUBJECT: eL REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 C rn O er O Q) � �u 0 cu W v V O W ct1 ,S] 4s O O is > cn a u ' v Z °J'� i r O u u a\ O u,, N p '.a ► GJ w bA v �oM;v�. to 4 'p, o. o m o 0 .a 0 C v O tv u N vii `� G j i f,zs f w "C3 cr r°\ -q N C o� w0 '0 -G bo � > — - cn r m rn° G 0 IJ (A a o cOj o w y +� R R H m i O (n Lo cu -. -W y v v G R o 0 CO 0 u G i— w v .0 +�. y cd o V p�M a+ v o' y Tj t�C TS M d tl M t0 ?Ln .� a y cn co° oqj o 'y M Lo .i p w •� 3 .r +"' v 0 CD !" LO K O v w R" t1. Tf c"7 ai cn oo �, ° fn r. ti a v 3 0 U qU �; vk u v co 4"1 V>'.g0.Ij oa ►a�o~r- co . y.. 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N¢ � �U o0 00.0 o C cu > w O 0l4.vo-o v �oo•a4).����o cam vr�•-»,� �4 s~ 3 a C7 q - cn o N r -q L O a1 mo G M c"a(7 �cc�n 00ti yam. �v N Lf) r-4 CO n L) P N 1-4 Id4 ec � '2 6 m G 1-4 R• N HP OfceJet Personal Printer/Fax/Copier Fax Log Report Jan -23-03 14:09 Last Fax Identification Result Pages T jN Date Time Duratio Diagnostic 89783276544 OK 02 Sent Jan -23 14:07 00:01:13 002582030022 1.2.0 2.8 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 Coinrnissioner Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed within (20) Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development, LLC DATE: January 14, 2003 ADDRESS: 231 Sutton St. Suite 2E -F PETITION: 2002-31 North Andover, MA 01845 HEARING: 07%09/02, 08/13/02, 09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02,12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards' and Citizens' input. The public hearing was closed on December 10, 2002 by placing the petition "under advisement" for 40 days. The "under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, ? floor Town Hall, 120 Main Street, North Andover, Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development, LLC, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 housing units per MGL Chap. 40B §§20-22. The housing is to have 27.78% of the units set aside as "affordable" in the R2 -Residential, and I-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts. The following members were present and voting: Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap. 40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C-1 B f GZA GeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE BOUNDARY AND PRELIMINARY SUBDIVISION PLAN EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 BOARD OF :PPE iLS 6 S 9141 I UIT ;.0 "G 6z88-9545 CONTSE RVAT1CN 689-9530 HF_AiTH 6S8-;54 PI.A� -- \C 683-95 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 i GZA GeoEnvironmental, Inc. -Mass. C-213 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 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 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals Walter F. Soule Acting Chairperson _ _LJ Decision on Comprehensive Permit ApplicatiooJ ;'CE DiZADSHA!' TO CLLR Valley Realty Development, LLC �10RT AYi vVE RIL 231 Sutton Street, Suite 2E North Andover, MA 01845 MS 0 2' o 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- GeoEnvironmental, 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 Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; 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 AndoverZoning 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 17, 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 08/21/02 ZBA - William Sullivan 21 09/09/02 ZBA 22 09/12/02 ZBA - William Sullivan 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 Heidi Griffin, Dir. Of Community Development Valley Realty Development, LLC Joseph Lagrasse Valley Realty Development, LLC Page 2 of 19 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 Response to Joseph Lagrasse Memo 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 letter through 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 properlyto 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 forthese services and shall sign a contractwith 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 for the 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 Proiect. 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 thirty four (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 percent (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 bV 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 necessary to 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 anywaywithout 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 -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-26 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. A32.1 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 per cent (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 percent (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 for the 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. g. 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 otherthan 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-1 B 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-26 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-36 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. Ai -1.1 TYR 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit. A waiver from this section is granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted from this section in its entirety. This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private orpublic (1985/20) way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted to allow multi -family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district. Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4.122.18 is granted which states: Anyaccessory use customarily not incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. A waiver from Section 4.132 is granted insofar as residential multi -family housing is not allowed in an 1-1 zoning district. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiver from Footnote 1, page FN1,10' 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 and 60' from the requirement that no building be located less than 1 00'from Route 114 as Building #1 and Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. 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V cu C� A N T C�9 A N T (�7 V JC J O O C m LO N LL N <A U) f0 F- 19) O a O C a V) N N U) (n V) T N z a a a a a¢ a a a a a¢ a a¢¢ a a a¢¢ z z z z z z z z z z z z z z z z z z z ? 0 m a 2 Q Q 0.2:ID _ CT N cO O W C) Q a Q cr N {. z : > c0 pC7 JD z g 0 co 30 w Q ¢ Q U + F- 3 w Q � Q U +cc F— D > > m LU Q oOG U (nEM ro O w Q m < U F� Z d f`C �' W Q X Ca'3 V' F� Z C c` N M W Q Q O U N v). Z D CC f`0 N > co CQi Q U z z w ••app' c_ O Q � 0 � o N N N N N N N N _ cz c7 LU cc 0 0 0 0 Cl) O A G A cA c A c 0 3 m c c M c M c Z cc Z (A O Y N F- M C M C C `A W "0C A C A C N C t^ C Co C Co C o C iT co C co co C �A C A C O C M M O N C A C n A A c C C CO N O /� A A co A 7 C O A CrcU) c LO cLO c Nr ^ O C A C NNU)U) A O C A Oc C N >. V C A C >. V C� A N T C�9 A N T (�7 V JC O O C m LO N LL N <A U) f0 O a O C a V) N N U) (n V) co O C Ch A O T M A N T co A N >. co V O C In m O O C m LO N LL N <A U) O O C T N 0 ? 0 m 0U d W � w. V) c UNi Q Q 0.2:ID _ CT N cO O W C) Q a Q cr N {. z : > c0 pC7 JD z g 0 co 30 w Q ¢ Q U + F- 3 w Q � Q U +cc F— D > > m LU Q oOG U (nEM ro O w Q m < U F� Z d f`C �' W Q X Ca'3 V' F� Z C c` N M W Q Q O U N v). Z D CC f`0 N > co CQi Q U � > 3 O J 0 ••app' c_ O Q � 0 � o N N N N N N N N co Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18; accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. Awaiver from Section 8. 1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in as much as this section could be construed to prohibit parking as indicated on the site plan. 21. Awaiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. Awaiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements under a Comprehensive Permit (Chapter40B) and are exemptfrom such review. 25. Awaiverfrom Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I -S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted forwater and sewer connection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 19]. Page 19 of 19 D. Robert Nicetta Building Commissioner Town of North Andover Office. of the Zoning. Board of Appeals Comm -unity Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed within (20) ' Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development, LLCDATE: January 14, 2003 ADDRESS: 231 Sutton St. Suite 2E -F PETITION: 2002-31 North Andover, MA 01845 HEARING: 07%09/02, 08/13/02, 09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02,12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards' and Citizens' input. The public hearing was closed on December 10, 2002 by placing the petition "under advisement" for 40 days. The "under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.rr.L in the Conference Room, ? floor. Town Hall, 120 Main Street, North Andover, Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development, LLC, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 housing units per MGL Chap. 40B §§20-22. The housing is to have 27.78% of the units set aside as "affordable" in the R2 -Residential, and I-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts. The following members were present and voting: Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap. 40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following If plans: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 C GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C-16 f GZA GeoEnvironmental, Inc. -Mass. C-iC g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE BOUNDARY AND PRELIMINARY SUBDIVISION. PLAN.. EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN B1 n,- ? v',L.S 6,U 9<4 B • n-� 3 ,q rVr,11.. �i r�a�J Vii' i_ i .: i �uTi.i..it iC <;z -y 4` CO v C.o- 1; I:i: GCtt 9530 -F-F: ; 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 h GZA GeoEnvironmental, Inc. -Mass. C-26 i GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmental, Inc. -Mass. C -2D k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-313 n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 p GSD Associates, Inc. SP -3-1 q GSD Associates, Inc. SP -3-2 r GSD Associates, Inc. SP -3-3 s GSD Associates, Inc. SP -3-4 J t GSD Associates, Inc. Ai -1.1 u GSD Associates, Inc. A1-2.1 v GSD Associates, Inc. A2-1.1 w GSD Associates, Inc. A2-1.2 x GSD Associates, Inc. A2-1.3 y GSD Associates, Inc. A2-2.1 z GSD Associates, Inc. A2-2.2 as GSD Associates, Inc. A3-1.1 ab GSD Associates, Inc. A3-2.1 ac GSD Associates, Inc. A4-1.1 SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN UTILITY PLAN PRELIMINARY SITEPLAN PRELIMINARY SITEPLAN W/ EASEMENTS PARTIAL - SITEPLAN PARTIAL - SITEPLAN PARTIAL - SITEPLAN TYP. 36 UNIT BLDG. FLOOR PLANS - SCHEMATIC FLOORPLANS TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC ELEVATIONS TYP. 84 UNIT BLDG. FIRST FLOOR PLAN TYP. 84 UNIT BLDG. SECOND AND THIRD FLOOR PLAN TYP. 84 UNIT BLDG. FOURTH FLOOR PLAN TYP. 84 UNIT BLDG. ELEVATIONS TYP. 84 UNIT BLDG. ELEVATIONS TYP. TOWN HOUSE FLOORPLANS TYP. TOWN HOUSE ELEVATIONS COMMUNITY BLDG. FLOORPLANS 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the l 9 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals Walter F. Soule Acting Chairperson William Francis GaMn 02%33 Secretary of the Commonweahh January 21, 2003 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of Limited Liability Company was filed in this office by VALLEY REALTY DEVELOPMENT, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on October 19, 2001. . I further certify that said Limited Liability Company has not filed a certificate of cancellation; and that, so far as appears of record, said Limited Liability Company has legal existence. JAN 2 9 2003 BOARD OF APPEALS In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Valley Realty Development, LLC 978-470-8257 phone 978-470-2690 fax January 23, 2003 William Sullivan, Chairman North Andover ZBA 27 Charles Street North Andover, MA 01845 Re:- Meadows Comprehensive Permit, Decision Dear Mr. Sullivan: Attached, please find a copy of the Certificate of Legal Existence for Valley Realty Development, LLC for inclusion as an Exhibit to the Decision. Sincerely, Valley Realty Development, LLC � gjk� Karen Pollastrino TUkp r_.r, Gerry -Lynn. Darcy, P.M. Bob Nicetta, Bldg Commissioner Rob Levy, Esq. G:\DATA\WPFILES\Northpoint\Meadows\Comp. Perm it\Correspondence\sullivan 11.ltr EE C E � W DI JAN 2 0 2003 BOARD OF APPEALS 231 Sutton Street, Suite 2F, North Andover, MA 01845 MA 02062; Christian Huntress, Huntress Associates, Inc., 17 Tewksbury Street, Andover, MA 01810; 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 Applic for matters pertaining to the Conservation Commission, but did not appear at any Zoning Board of AppE hearings. The public hearing was closed on December 17, 2002. The North AndoverZoning Board of Appeals made the following Findings of Fact and Decision subsequ to the hearing. These findings are based on the following submissions which include, but are not limited to, the followi materials, which are on file at the North Andover Zoning Board of Appeals and are being incorporated it this decision as a portion of this Application for a Comprehensive Permit. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadov North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LL April, 2002; Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by D, 2. , Associates, Inc. for Valley Realty Development, LLC, November 2002; Exhibit C: Fiscal Impact Analysis, prepared by Valley Realty Development, LLC for Nor Andover Zoning Board of Appeals, August 13, 2002, with subsequent revisions; Exhibit D: Certificate of Legal Existence of Applicant; 1.49'.' Exhibit E: Certified List of Abutters; yq (M Q of 5 3.5 Exhibit F: Sample Regulatory Agreement and Deed Rider; K7. Exhibit G: Sample Letter of Credit; v8. Exhibit H: Student Residential Patterns, North Andover, MA prepared by Schoc Geographics, Inc., November 2002; The Applicant submitted plans prepared by GSD Associates, Inc. dated June 3, 2002 to the North Andove Zoning Board of Appeals with the submission of the Comprehensive Permit Application. The North Andove ,Zoning Board of Appeals circulated the plan for review to the North Andover Police Department, the Nortt Page -2- , ,'x x. � '�';9,v;;�} y..,....,,r a^�a^�,..,*^•- - ��w-•-..,+K+o-y�.svw,p,s.�r'y . +';'a^ w .s AR n " a- i3 -�e,.--.�p"`.,+�r".jr�TS, �=. .i"f�..� t�.7�_'5r'4.c "'si•k, �Y..`'*����a4 't.�,w_'`.�.9- L. .''.,t�[•-;.4.�,�C.. �s�'9�`�»'�,?•.'.xs. .7...i.,sx:i:k�.R. . �..'u. .... .. .+.,....-:.-.. �� �'+. :�F..'.�,::.',-.`r•...: . + •�s;>�..7tr,d,5,-_:.:.�y +'�,.g`.„M Gfi.d,.aF1.*,r`+rn,�'4+ei..A,''xt,i y':�._,;.,,..�: . 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Lawrer .: z - x.�-� time toappi w = - mother to learn. the 'name of the Cente- tb pay a $500 -a -dap An it - Layers repii§enting aecnseo" "" ' Five hundred people are •will . girl s counselor and the dates. she. "'One sofS >1 faces for failing to release the vie- rapist Mandel Valverd'er of "sought help. } ing to spend a night in fail to pro--, F _ P oped this ih • p • y y Y tu_ n s'counseluig records, . Lawrence have been seeking; -the Salem Superior Court- Jud.ge ••'the; eco rt feetthe nvac of a 16 ear=old'"W'R� lias'atiached to this pet<- records of visits thealleged vie- Peter.Agnes issued'the contempt stitue01Cdor rape victim I s! Boston,lawyer Wendy J...Mute t oh a"list b1 S00 individuals will tim made -to a center o prepare" 'brd'er,-and" the"fines• earlier` this feel `sii'on` E s •ing�to give..°'up, a d'ay, bf liberty to"'thetirdefense. But Murphy con- month after the center refused to Murphy „ sphy.is calling oil the state's court. support'this,request,,, 1VIu#. tesids t ,si. . • =; `y s' -of appealsio accept the volunteer � • Y_ - r , . , � hp,-� pords-ah�rultl 'be comply tv tli a records reddest --'p , .te 114 -r Ye't peal She seared because an finest ator Agnes said he will delay the order _ p,} fr x S epi erday s ap u, tPU F pt B y Shawn Boburg _: ,. -� .� .¢ #rr r _.q. -,. � ... ..,. � ' r .. Y�� r il Wiitei ' f✓ , ' ..... CLOSv w � NORTH ANDOVERXIC L.. A 270- N s , 4 .b_ sunittihousing complex ons Route 1r ," 114 won approval last,night," pavinggthe wagfor construction to � ri< ' w • {a begin this spring. - Theaoning=Boardsof; Appeals z .` unanimobsly approved -The ;Meadows complex �:. believed to ' be ane of the largest�ever ui'Nortli r Andover an, after rev ewmg it fors ' '* ysiiriths The developmentwil( 6 srt 0? nC:CSlcai wVillidieTGnLi"fe _." 'line alio will'likely be completed ` `' in three, years: ' j ... The .project was approved under the'state's so-called anti- ,,:. i snob zonuig law, Chapter 40B; y ,t.]t- -7 The law allows developers to _ _> rz5 - _: sidestep local zoning regulations a x l if they -agree. to riicake,at- least_ 25"� ' 'T'he lieutenantoverriorthas gl percent"of the housin t,-= g units �a.sSUratlCeS that it, will reCelVe SpC affordable in communities , deemed t6'have a shortage of, F ( atlon, but i Dov RomlZey maks affordable housing. Communities ,� � � n � � ��„ - � ; ` . - with less than 10'percent afford 1 '. "k Uall . among all n a q Y g ommunin s, 'able housing are subject to the ° x ax ", _#" i`L',p ., r. law, North Andover has about 5.35 x" Stands � to lose Tmillion percent. ' ' ' x By David Olson Market rate units wiil�sell for �_ and Shawn Regan3' ° between $329,000 and $339,000, w Staff Writers W449. affordable units will cost. � � ',� c $159;000 BOSTON,- How,much to p Of the 270 units, 192 will - ,. - be one- slash financial aid"o public �� � aiid°' two-bedroom garden -style! f�i schools to fix the broken bud - units l units and 7$ will be three -bed• ° " " z get beearrie the central issue �. . q -- room <townhouses _The,gomplex �- G tween the Legislaturey nd ._ . A. will cover 11 acres, and'wiil QV Mitt,Romney Coda aS • include two pools and two comms } munty buildings , they struggled with ehelrgeney a Tl ways to overcome a $600 mil- ;By O'kan ld b The complex is projected to lion state deficit. 5tdff Writer" add 90 students to the school sys- House members last night tem. e�� authorized Romney to makeup LAWREN The large housing proposal saw " obs if nece&' one-third of the deficit with Che' scoal no opposition from. residents{ reduced local aid, but they also throughout the process, but zon- forced him to spread the cuts Teacher's l ' ing officials negotiated several equally among the cities and Francis Ji <n ,... concessions from the developers: towns; Similar action was message to ': _ ■Seventy-five units, , or about 28 expected. today in the Senate. tendent til «Kip ref percent; will Cie sold at the afford- That appeared to clash with j iMirLiau Jilin able price an :assurance from Lt Gov.,. -' El&en acus -'Will be set aside , Kerry Healey yesterday that � sight ofthe f� for conservation, with trails linked m receive s ecial ©nsideratod ness£ox th �'to the Harold' Parker State Forest ;. . v _• t' :-x ... �WJ . .:. [awrence resident'N"an , F -< trail systems_ , . . F Iyn Duckwoi, h°braved the cold:this more in to catch' Cheryi;$erterJSfaf}phdfo n in annkcost=cutting program Earlier .tl Tem eratures are a ected _ - r .. . _v, , g t -, _ a bus on $'roadway � • - ` p to sta :in the,sin le,. . • s because itJrehes'so heavily an d sch00 !: Develoi 4s will .extend the'. = _ Y..,r $,-t7 lts:and Eeens hrough>at lex"sttFie:weekettd v � �- earl i -water and sewer lines down Route s 114, plus pay; the tovbn $150000 `? ox``l%ey r aline that a 10 per_ ri Y v• `. ^ a u, �y s. - , =�y; .cjen oCLnit local ., cent t5 cut=£ r 44s' iiot the same R ' - 's fortconneciingtothesystern-=.•-;��.. -: � -� ;�' xW1. as a 10� percent cut to ^' -boy Sald;;11 firefighters can practice1 And'over,:'` "said Lavrenc`e cost of $s50 p`brt'traiiun with L j ,. hfe su g defib M' ,� x :<, .� . __ �x - - y ,-� fMayorsMichael J =Sullivan fol district's blew lators in the complex. x , �� fairce t r a_ lowing: a'closed--door meeting he°"ship �... to so ice # C� n :-Nh "'T e'S "� c Me ��� � - '' .'=��. � ��' ar th H�eale thirik`'lV! em n- eratr-e� , r �7" 11:`1.. ` �% n _ tion'that `k dr ofea cut would " =',be dshairedi SI�'b'2Of�lNlC0�1�03s' By �hrisl�larkuns " r� .'. evstate;us, L•. F, _ - somehin = '`~To'morrow ,Parilyi�sunny and oyerm tiff ows,late we ' So 4 ,L e - ,' Ma awrencey z`eceives �tii aghin:° ' Coast ruction' on the ler este Sta Writer T n biggest 'share! of�`state aid �= L a 1 I ` devela�rresent in North Arid�ver will `� F` t` `_ =-.breez�r. ..far;localpolice have reported no �- : er .' �Segin tihls spring. Caned 7"`' ;' y cold=related f about $142; million this fiscal ` dent,1 think t The Dangerously cold tempera- E�gie-iilbtne problems andA'sev ear last`botsder Medbws, tNe 270 -unit development tures are®expecSedor�atleas `3' - -" " - IiVTV1URreather eral area homeless shelters.said Y , representing about 75 ,-Lr p,y j_p,y_ f •:i ,..t.-....�- .-...�.�,.c— - ...a..�..._ �.:l.Y.n- _-_�...+�irind....w.:iGw.Llli�r...f • 1�LG RECEIVED Decision on Comprehensive Permit Applicatioi-OYCE BRADSHAW TOWN CLERK Valley Realty Development, LLC NORTH ANDOVER 231 Sutton Street, Suite 2E North Andover, MA 01845 Petition 0 S 2 3 b 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 MainStreet, 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 Noah 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- Geo Envi 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. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel 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 AndoverZoning 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 17, 2002, the North Andover Zoning Board of Appeals also received and considered the following written communications: No. DATE RECIPIENT u } uuivuue uerry-Lynn uarcy vaney Realty Development, LLC 9 08/12/02 Mark Rees, Town Manager 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 09 9 08/08/02 ZBA -7 r20? 08/21/02 ZBA - William Sullivan Lam/ 21 09/09/02 ZBA 22 09/12/02 ZBA - William Sullivan SENDER CONTENT/NOTES Bernice Fink, N.A. Finance Committee General Valley Realty Development, LLC Applicant's Response to Bernice Fink's Memo Julie Parrino, N.A. Con. Comm. Preliminary Review J. Lionel Lucien, Manager Richard Stanley, N.A. Police Dept. 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 Heidi Griffin, Din bf Community Development Valley Realty Development, LLC Joseph Lagrasse Valley Realty Development, LLC Page 2 of 19. Mass Highway Commentary Public Safety Review 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 Response to Joseph Lagrasse Memo 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 36 08/30/02 ZBA / MEPA DJK Associates, Inc. Notification Form Traffic Impact and Access Study 37 10/02/02 Robert Nicetta, Building VHB, Andrew Ogilvie Peer Engineering Review 38 10/10/02 Commissioner 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 istrictsResidential 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 letter through 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 AndoverZoning 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. I . 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 fortrash 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 for the 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 Proiect. 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 thirty four (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 necessary to 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 anywaywithout 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 SUBDIVISION PLAN c GSD Associates, Inc. SP -2 EXISTING SITE CONDITIONS d GZA GeoEnvironmental, Inc. -Mass. C -1A EXISTING.CONDITIONS PLAN e GZA GeoEnvironmental, Inc. -Mass. C-113 EXISTING CONDITIONS PLAN f GZA GeoEnvironmental, Inc. -Mass. C -1C EXISTING CONDITIONS PLAN g GZA GeoEnvironmental, Inc. -Mass. C -2A h GZA GeoEnvironmental, Inc. -Mass. C -2B i GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmental, Inc. -Mass. C-21) k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-313 SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN n GZA GeoEnvironmental, Inc. -Mass. C -3C UTILITY PLAN Page 6 of 19 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 Town of forth Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Kathy McKenna Planning Director TO: Chairman William Sullivan Zoning Board of Appeals CC: Planning Board Heidi Griffin, Community Development & Services Director FROM: Kathy McKenna, Planning Directo�( W\. DATE: December 30, 2002 RE: Little Professionals, 2324 Turnpike Street Telephone (978) 688-9535 Fax (978) 688-9542 Please accept these comments on the pending Little Professionals ZBA application. Carl Dubay, MHF Design, and Jim Richards, Little Professionals Inc., have met with me regarding this project prior to their ZBA submittal. These variance requests appear to be driven by the applicant's design concerns: parking in the rear of the building, colonial -type building along the street, more manageable building envelope, etc. These design concerns are valid and embodied in the Village Commercial District of the Zoning By-law. The plan, with the requested variances, provides an attractive building that will be situated along 114. Placing the building along the street, pushing the parking to the rear, and providing a landscape buffer along 114 (all proposed) provides an aesthetically pleasing transition from the industrial areas in North Andover and Middleton to the more residential stretch of the road. The parking in the rear also provides a larger buffer between the proposed day care and the existing abutting industrial use. Further, without any variances granted for this parcel the building envelope is an awkward triangle which leaves little room for any design initiative. I fear the alternative would be a utilitarian "box" type structure similar to some of the metal buildings in Middleton in this area. I have heard there have been questions with regard to traffic flow in this area of 114, especially in light of the Meadows project. All issues of traffic safety and capacity would be appropriately and responsibly reviewed by the Planning Board during site plan review. I believe that a traffic study is already being prepared for that purpose. Thank you. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 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 20, 2002 Thomas J. Urbelis, Esq. Urbelis, Fieldsteel & Bailin, LLP 155 Federal Street Boston, MA 02110 Fax: 617-338-o122 Re: "The Meadows" 2357 Turnpike Street, North Andover - 4oB Decision Dear Attorney Urbelis: Attached is a final draft of the decision as negotiated between Valley Realty Development, LLC and the North Andover Zoning Board of Appeals. In light of the fact that Chairman Sullivan is leaving on January 1, 2003, and that one other voting member will be going out of Town on Tuesday (December 24, 2002), we would request a response be provided to the Zoning Board of Appeals, as well as to the Building Commissioner by Monday, December 23, 2002 if possible. Thank you in advance for your cooperation in this matter. Sincerely, Ae y Real Development, LLC 17 Y ycc: Thomas Laudani, Robert Levy, Robert Nicetta, Karen Pollastrino, William Sullivan DEQ 2 3 2002 BOARD OF APPEALS .,.,'' d) !.+ :�• Gj ✓ice' �. bo ���yc.0."""11SL1ITr7emJd + - °.�y OO'�Y:` }i!yS�n".;'ti!,.,• .a�C�+µ ,"•.bti-x;+.. 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C (p bD +$ oO t4_1 ; E m m o D sL Vz c gO arV s~ a P, L a) d? y o�o 0-;asO N,"HC Mc Q=L w oV0'- $4 to td . °a O O m• _a) O o"m a1°:IcF''MW P` .i.f , cC .,.-� �,• p f],,. „ O +.„p m o +� aL9 by°Ddsce Uo 1-a • �m � rn+ o= a _ No e- ", o ■' k HID 0 O wift " rJ t y a' iLn N0111N Obi...•; ��y F 1 i • CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER TEMPORARY PERMIT TO OCCUPY FOR 30 Days — Building Permit Number 11(1/27/2006) Date: November 13, 2006 THIS CERTIFIES THAT THE BUILDING LOCATED ON 2357 Tumpike Street — Valley Realty Dev LLC For Units# 116,117,118,119,120,121,122,123,124,125, 216,217,218,219,220,221,222,223,224,22 5, 316,317,318,319,320,321,322,323,324,325, 208,210,213,301,307,308,311 November l.1 - Temporary Permit for the following additional units: 1015105, 107,110,111,113,115,121,203,205,211,216,302,306,312,315 MAY BE OCCUPIED AS 3 Story 75 Unit Condo Buildiny-40-B Proiect Bldg #4 IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Valley Realty Dev LLC 231 Sutton Street North Andover Ma 01845 Buil ' g inspector Mark H. Rees _ Town Manager TO: FROM: TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN: STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMORANDUM North Andover Zoning Board of Appeals North Andover Board of Selectmen Telephone (978) 688-9510 FAX (978) 688-9556 Preliminary Review of the Meadows Condominiums 40B Project e DATE: August 9, 2002 Pursuant to your request, please find areas of concern from the Board of Selectmen after a preliminary review of the proposed 270 condominium unit proposal. entitled "The Meadows". 1. 21E Stu — Request that the applicant conduct an environmental study to confirm that no hazardous materials exist on the site. 2. Water/Sewer — Applicant needs to ensure that proper water/sewer facilities are in place to operate the proposed development. Also, will the applicant provide the Town of North Andover with a sewer hook-up to Sharpners' Pond Road for the industrial zoned land across the street from the proposed development? This will ensure those parcels of land can'be developed in the future with sewer. 3. Deni — The proposed density of the project is extremely high. The applicant needs to provide the town with proper studies that will project the effect this density will have on town services, including schools, fire and police services. 4. "Economic Benefit" of Project/Pro-Forma Documentation — The Zoning Board of Appeals should request the applicant to provide the town's 40B Consultant with all their pro -forma documentation they submitted for their funding. This information should be evaluated closely by the consultant to ensure the applicant's economic benefit is not going to exceed the 20% allowed. 5. Project as it Relates to the Town's Master Plan — A portion of the land the applicant proposes to develop is currently zoned industrial for commercial/industrial uses the town desperately needs. The applicant should demonstrate how the proposed multi -family units meet the goals and policies of the Town of North Andover's Master. Plan as a portion of the land was zoned industrial to bring in a tax base that would support industrial development. 6. Traffic — The applicant has provided a traffic study with specific recommendations for traffic flow. The Zoning Board of Appeals should utilize the services of VHB to evaluate the proposed traffic alignment for safety and conformance with MA Highway and AASHTO a egulations. i� AUG0 2002 BOARD OF APPEALS 7. Plans - The proposed plans from the applicant are extremely difficult to read and do not provide town staff with adequate information for them to conduct a proper review. The applicant should provide a set of plans that would be similar to filing with the Planning Board for a Definitive Subdivision. That level of detail would give staff an ample opportunity to conduct a thorough review. At this point, the plans presented have proposed symbols without appropriate legends to denote items, do not show existing and proposed contours, do not show details of roadway design and profiles, making it difficult for public safety to be properly evaluated. There are many other inadequacies on the plans which lack sufficient detail and therefore until revised plans are submitted town staff cannot produce any comments and/or suggestions for improvements. 8. Lottery Process — The applicant needs to ensure that the lottery process for the affordable units is controlled by someone they hire that is not town staff so as not to impose an additional burden on town staff. 9. Bondin — Will the applicant be posting surety or cash bonds as part of bonding this project? The applicant should sign the surety bond agreement utilized on other projects (i.e. subdivision bond, etc.) if they are seeking utilization of surety bonds. 10. Affordable Units — Due to the high density of the project, the applicant should dedicate 35% of their proposed units to be designated as affordable vs. the minimum 25% they have proposed. Mark H. Rees Town Manager March 27, 2002 TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Ms. Nora E. Bloch, Assistant Vice President Wainwright Bank 63 Franklin Street Boston, MA 02110-1301 RE: 40B Project -294 Units of Housing North Andover, _Massachusetts Dear Ms. Bloch: Telephone (978) 688-9510 FAX (978) 688-9556 S ljnoLrs Ar- s. Thank you for allowing us the opportunity to comment on the proposed 40B application located in North Andover, Massachusetts which proposes 294 units of housing, 25% of which will be affordable. This item was discussed at the March 25, 2001 Board of Selectmen's Meeting. Based on the preliminary plans and documentation we have received, our comments are as follows: 1. Traffic — 294 units will generate a considerable amount of traffic onto Route 114. The alignment with one proposed entrance way directly across from Sharpners' Pond Road needs to be further evaluated by a traffic consultant to determine if a traffic light will be needed at that location as the direct alignment will at a minimum necessitate the need for divided traffic lanes. Also, a traffic study will need to be presented by the applicant for the traffic consultant to review the proposed traffic lanes. Circulation within the proposed roadways will also need to be evaluated to ensure wide enough travel lanes for public safety vehicles and emergency access. 2. Dens i — As the plans are not topographical in nature it is impossible to ascertain whether or not the density is appropriate for the grading of the site, along with the proposed roadways. My recollection is that the proposed roadway behind the abutters' homes on Route 114 is steep in nature and this roadway may be unfeasible to create to gain access for the creation of these units. 3. Utilities — To the best of our knowledge, town water is only provided on Route 114 to the point of the Forestview Subdivision. Sewer is provided to the pump station a little past Boston Ski Hill. From the plans it is unclear if the applicant will be proposing to extend the water main and/or sewer line for these utilities to the property, or will be proposing wells for ater supply to the units. These issues should be addressed to make an adequate MAR 2 8 2002 D BOARD OF APPEALS determination of utilities onto the site. The town has a limited water supply and such a large development may have adverse impacts on the water supply. 4. Parkin : To the best of our knowledge, some of the garden style units will have underground parking, and others will not. Parking needs to be evaluated to ensure there is ample parking for residents' and visitors on site. As you are aware, the plans and documentation we received are very preliminary in nature and are subject to change if the funding is approved and/or disapproved by your bank. However, at this time these are the comments we wish to bring to your attention. JSincely, H. >FLees Town Manager" cc: North Andover Board of Selectmen North Andover Zoning Board of Appeals North Andover Planning Board North Andover Conservation Commission WAINWRIGHT BANK 63 Franklin Sweet, 02110-1301 - Telephone 617-478-4000 Toll Frey 836 -428 -BANK Nora BJocp Assls7wttr N+ca Pr�sidcnr April 16, 2002 Mr. Thomns D. Laudani Manager Valley Realty Development, LLC P.O. Box 3039 Andov'er, MA 01810 Re: Site Acceptance for -The Meadows," aproposed condominium development located W2357 Turnpike Street, Route 114, North Andover, MA Dear Mr. Laudani: Wainwright Banc: & Trust ("The Bank") is a member of the Federal Home Loan Battle. of Boston (FHLBB). The Bank has determined, based on the following, that your proposed 294 unit condominium development, Nvuh 25% of the units bein, affordable under Mass. G.L. Chapter 40B, 9n 44.5 acres of land loc-.tted at 2357 Turnpike Street, Route 114, appears to be eligible for fuihding under the New England Fund (NEF) of the FHLBB. It is the Bank's intention, to utilized NEF RnWs to finance construction of the project if it is approved and the Bank approves a constructiOn loan. A) The Bank has inspected the site and finds it compatible for the proposed residential use and that the use will be eligible for NEF funding; ' 13) The Ban:{ has reviewed the basic NEF requirements for ar?ordability: namely, that at least 25% of the project's individual homewvuer'fz income will not exceed 90% of the area media mcome level (adjusted fo► household size) on an annual basis. Those units (25% of the project) will be restricted for ownership by homeowners who meet the above criteria. The individual unit sales prices will be determined by alIocatinn 30% of the monthly hour' hold income at 8010 of the area median income to housing expense (principal, interest, real estate ,axe;, condominium fees, and insurancc), in reviewing the materia: presented by the developer (preliminary site plan: prelitni=y financial pro forma and sponsor information) the Bank has Iound that the developer's proposal appears to conform to these ragvircrnea1s; C) Thr Baal: has"dr-wrmined by reviewing the devrrloxr's pans that the affirdable units will be dispersed throughout the dcvelopment and that their design, size and appearance will be harmonious with the rest of the developmem so that the end result produces no physical concentration of affordable units or "stigmarization" of the occupants of affordable units arising from any visual observation by the general public; Fate 1 of 2 D MAY 3112 0 0 12 WAINWRIGHT BANK &R usT COi AN.Y BOARD OF APPEALS D) 'fhe Bank has reviewed the developer's experience and financial capacity and believes that the developer has the experience and ability to execute the development plan; E) The Developer will need to execute a satisfactory regulatory agreement, raonitoring agreement, and deed restrictions satisfactory to the parties requited, and the Banff.; F) The project sponsor will have to quality as a "limited dividend organization" as defined under Mass G.f._ MOB and any other applicable re-gWations of The Commonwealth of Massachusetts. Moreover, the project pro Forma indicates that the projected profit margin cornforms to th-- limited dividend restrictions; C) This letter is not transferable or assignable, without the weircen consent of the Bank; and H) Upon issuance and receipt of required local, state and federal (if applicable) permits and approvals, the subject project and sponsor mast comply with all requirements artd guidelines established by the Federal flome Loan Sank of Boston relating to the New England Fzuid. This site acceptance fs expressly limited to the development of no m :re than 294 units_ It is nota fin-ancing_-, commitment or guarantee of Bank financirg and des not constitute a site plan or building design approval. As noted previously, the items proposed above do not constiture an offer, agreement or commitment to lend_ The actual terms and conditions upon which the Bank might extend credit to Valley Realty Development, LLC are subject to satisfactory due diligence, credit committee and Board of Directors approval, completion ofmurually satisfactory documenrarion, and such other terms and conditions the. the Bank may deem appropriate. We look forward to wonting with you as your plans arc finalized. Please do nut hesitate to contact me at (617) 478-4000 if you have = questions. Regards, L /b' Nora Bluch Assistant Vice President Cc. l-outa P. minicucci, Jr. via. fax {Gerry-l.yT= Darcy via fax Jonathan Klein, F -sq. Pagt 2 of 2 i The Meadows Paae 5 Affordability Program 4. One of the jurisdictional requirements for any project seeking approval under the State's Comprehensive Permit law, Chapter 40B, is that the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program recognized by the State. The Meadows will utilize the .New England Fund, a financing product of the Federal Home Loan Bank of Boston, one of the housing finance programs recognized by the State as a qualified funding source for Comprehensive Permit projects. We received a project eligibility letter from the 1l§r<a +Bank for 294 units. II)IJ ha) i 1 ke In order to qualify for New england Fund financing, The Meadows must make 25% of the units affordable to residents whose income does not exceed 80% of area median income, adjusted for household size. The 2002 median income for North Andover is $67,400. As the proposed units at The Meadows are one, two, and three bedroom, we have analyzed the affordability criteria for households up to six family members. For North Andover, the current income limits for 80% of area median are: Family Size: 1 2 3 4 5 80% of area med. income: $37,750 $43,150 $48,550 $53,900 $58,250 For a home ownership project, the affordable units would be sold for the following projected sales prices, adjusted for family size (sales prices subject to change, based upon changes in area median income and mortgage rate assumptions). These prices are estimates. 1 Bedroom 2 Bedroom 3 Bedroom $114,000 $136,000 $157,000 Ongoing monitoring and compliance: For projects financed by the New England Fund, ongoing affordability must be monitored by a contracted monitoring agent. The monitor reviews and approves affordability plans as well as enforces the Owner's limited dividend requirements. The initial and ongoing cost of the monitoring contract is paid by the Owner of the project. CHAPA (Citizen's Housing and Planning Association) is the preferred monitoring agent. They have existing Monitoring Services Agreements, Regulatory Agreements and Deed Riders. Samples of the monitoring contract are available on request. Limited Dividend Organization Valley Realty Development, LLC will execute a regulatory agreement with the subsidizing agency as required by law, and will fulfill the obligations associated with being_ a limited dividend organization at the time the project is fully approved. ZBA Public Hearing August 13, 2002 determination of utilities onto the site. The town has a limited water supply and such a large development may have adverse impacts on the water supply. 4. Parkin : To the best of our knowledge, some of the garden style units will have underground parking, and others will not. Parking needs to be evaluated to ensure there is ample parking for residents' and visitors on site. As you are aware, the plans and documentation we received are very preliminary in nature and are subject to change if the funding is approved and/or disapproved by your bank. However, at this time these are the comments we wish to bring to your attention. Sinc ely, M rk H. Rees Town Manager" cc: North Andover Board of Selectmen North Andover Zoning Board of Appeals North Andover Planning Board North Andover Conservation Commission a Mark H. Rees Town Manager March 27, 2002 TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Ms. Nora E. Bloch, Assistant Vice President Wainwright Bank 63 Franklin Street Boston, MA 02110-1301 Telephone (978) 688-9510 FAX (978) 688-9556 RE: 40B Project -294 Units of Housing North Andover,.Massachusetts Dear Ms. Bloch: Thank you for allowing us the opportunity to comment on the proposed 40B application located in North Andover, Massachusetts which proposes 294 units of housing, 25% of which will be affordable. This item was discussed at the March 25, 2001 Board of Selectmen's Meeting. Based on the preliminary plans and documentation we have received, our comments are as follows: 1. Traffic — 294 units will generate a considerable amount of traffic onto Route 114. The alignment with one proposed entrance way directly across from Sharpners' Pond Road needs to be further evaluated by a traffic consultant to determine if a traffic light will be needed at that location as the direct alignment will at a minimum necessitate the need for divided traffic lanes. Also, a traffic study will need to be presented by the applicant for the traffic consultant to review the proposed traffic lanes. Circulation within the proposed roadways will also need to be evaluated to ensure wide enough travel lanes for public safety vehicles and emergency access. 2. Dens i — As the plans are not topographical in nature it is impossible to ascertain whether or not the density is, appropriate for the grading of the site, along with the proposed roadways. My recollection is that the proposed roadway behind the abutters' homes on Route 114 is steep in nature and this roadway may be unfeasible to create to gain access for the creation of these units. 3. Utilities — To the best of our knowledge, town water is only provided on Route 114_to the point of the Forestview Subdivision. Sewer is provided to the pump station a little past Boston Ski Hill. From the plans it is unclear if the applicant will be proposing to extend the D water main and/or sewer line for these utilities to the property, or will be proposing wells for ater supply to the units. These issues should be addressed to make an adequate MAR 2 8 2002 D BOARD OF APPEALS mm FROoston 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 fot a New England Fund (NEF) advance in the amount of$12,000,000 has been approved by the Federal 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 NEF advances, like other Bank advances, ate 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 be affordable for households earning no more than 90 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 4 � a zooz �. BOARD OF APPEALS Fcdcn] H—r toan Bank „a go,ron 1 11 t HwmrinFton Avtn,,r. I Sogton, vta 021Qo 1 617-2 92 0900 1 r.,x 417-29Z•o545 888-d ZKO d 96£-1 0z0V8LVII9+ o0 lsldl I NNV8 IW8MNIVHI08J 8£:ql ZO-91-01 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 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 til ab N 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 percent (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 per cent (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, asappropriate. 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 for the affordable units. In no case shall local preference be granted for more than seventy percent (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 for the 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; b. The lease, or rental agreement shall apply to the entire unit, and not a portion thereof; 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 f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. 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 sewerin 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. Priorto the commencement of construction, the Applicant shall post security to coverthe 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 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 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 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-1 B 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-213 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 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. A1-2.1 TYR 36 UNIT BLDG. ELEVATIONS - 12/03/02 SCHEMATIC ELEVATIONS Page 12 of 19 N 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 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit A waiver from this section is granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted from this section in its entirety. This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private orpublic (1985/20) waygiving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling, but not to exceed one dwelling on anyone lot. A waiver from this section is granted to allow multi -family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district. Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the. Building Inspector to prevent the entrance of persons other than those residing -at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4..122.18 is granted which states: Any accessoryuse customarily not incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is granted insofar as.residential multi -family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiver from Footnote 1, page FN 1, 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 and 60' from the requirement that no building be located less than 1 00'from Route 114 as Building #1 and Building #2 are shown on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The fallowing waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. I 1 i. Page 15 of 19 O N g N g N C N g A g N A A A A m C d N r N n C N A g A g A g C A g O N W a g g g a a g a a a g a g g X z z z z z z z z z z z z z m LL r z N o N N N O N O g o w Q a Q a a Q Q Q Q a 6 Q a a a Q a Q Q 6 a Q a a a g g g d o o o o N C N C A C O j p m d c N A A w a Z Q �g Z N J � o W d o m a (7 E a a < < ¢ < < cc cc cc a: 5 03 U N A g g A g A g A g w 3 c w ¢ o — o z° �O pm O O S tz L - cq U z N Z Z p 0 m m Y N O O N f0 . z a O J R wzm� Z W N a A=AgAg�g�g a N g N g o d N g o. O N A A V T A A C C g o g m g o g o g o g o g m o g o g m m m g m g A A A A A A A V �+ A A V T A A w Q Z z N W g T g T g� g T g A g o MC N N T N T N C A C V T A Y J. 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C3 E2 coE2 Lal U3 (a'3 ;n H � N r W Z a) Z d Z a) N N U W z a) cc a) ¢ m a) cc d a) ¢ d e) a) 0 o m o W a m ca `° _ ro O o w p U m ro c c cpo a) U ro m `ro 'm in 'm 'm >" ch th e co or Nco u) is r� ap a) c �- N m v N to n m r J m rn r 0 a� CL m LO C r LO A O c I O c In A p c N A c O A crcn O OC A c Or A ' c L Lf) y z A Cl)c V CN A yy N > (N A >, V � JC W z N ro C'3 LO U) A c �' Ln e 00) y o o o ^ o' o uj O O O N a V T A V T V T n c A c A c (Wj ¢< Q N fA c W' ¢ ¢ c . (r m O N N O N O N O 0 J. O D C ^ N N CM N O N N C H F - Q C t0 N C N O C N O' N O N O N O N O N O OC A A A z A A C A C A C A c c A c o N W N n c A c n c LL Wrc a.l Q Q Q Q¢ Q Q Q Q Q Q Q Q Q Q Q¢ a Q Q = CC z z z z w¢ z z z z z z z z z z z z z z z z z z z z O in LL C r LO A O c I O c In A p c N A c O A crcn O OC A c Or A ' c L Lf) y z A Cl)c V CN A yy N > (N A >, V � JC W ro C'3 LO U) A c �' Ln C� 00) y o o o ^ o' o uj O O O N V T A V T V T n c A c A c (Wj ¢< Q N fA c W' ¢ ¢ c . (r w Q z N W ¢ O ¢ + _ W Q o y Q Q o > o 0 J. O D C ^ N N CM N co N N H F - Q t0 N n N O N z W 0- W N n c A c n c A c c c n 0 c Ln 10 0 Lo C n n A A c n O O z N a Y v_ c $ a z W W} W I- ¢ z Q¢ z z a¢ z z a z a z a¢ z z a a¢¢ a a .a a a .0 U) z z z z z z z O co a O �u m a-J w¢ 3 ^ r- A C N d o C m _N U) .tn o. n a� o o Z cr c V >. A V >. V T' A c V V d o .n 2 > o Z N W a in A c VO O V TV� A pp Ct CA CLO A A A A C O p Q z a z Q z a z a¢¢ z z z a z a¢ z z a z a¢ z z a¢¢ z z z a z a z a z a a CL z z O vai m U Q N ' c tm > z z z z z z z z z z z z - z z z z z z cp J F- z ¢ z Z Z Z Z Z Z Z ¢ Q ¢ Q Q Q QQ Q Q Q O Z Z Z z Z Z Z Z Z 2 Z Z Z Lr ` ro O W Z cu I M A C A C A C M C Cl) C C� M M c Li A c A c A C coO A c O Y N U m C M Cl) c Cl) c Cl) C. M C M O co O, O O p O p _ W A A c A c A c A c Cr) c ^ C M c C,3 c n c A c A c CO C Cr) C M O O O O. C A c (`07 A c A O c O in N LL C/) C r LO A O c I O c In A p c N A c O A crcn O OC A c Or A ' c L Lf) y 0LoM c A Cl)c V CN A yy N > (N A >, V � JC ro _ Lf) N Z m c N LL C/) N co c A A N T tq A >, V C O O co $ CO C M O C Z m ZO U W � .� cm �; W O Q a U ami ro 3 o W U CC ¢ U o: U FU) z> = � a 0 m Z- O C¢ > 3 o CW7 (o z>~�� o cC to (Wj ¢< Q N fA ti w c U � W' ¢ ¢ m¢ m W C7 OC ¢ + U W ¢ C7 { W ¢ O ¢ + _ W Q o y Q Q o > o 0 J. O D C ^ N N CM N co N N N t0 N n N O N c e ,. Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9'x18, accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to`prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in as'much as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12' x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow forthe accessible spaces to meetthe requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I -S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands Bylaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b.. Disturbance in the 50' no build zone (Section 3e(2)); and C. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision BVIaw A waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted forwater and sewerconnection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 19]. Page 19 of 19 Town of North Andover ice. of the Zoning. Board of Appeals Comm-uA Development and .Services Division 1} ty 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Notice of Decision Year 2003 Telephone (979) 688-9541 Fax (978) 688-9542 Any appeal shall be filed within (20), Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development, LLC DATE: January 14, 2003 ADDRESS: 231 Sutton St. Suite 2E -F PETITION: 2002-31 North Andover, MA 01845 HEARING: 07/09/02, 08/13/02, 09/10/02, 10/15/02, 10/22/02, 10/29/02, 11/12/02,12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards' and Citizens' input. The public hearing was closed on December 10, 2002 by placing the petition "under advisement" for 40 days. The "under advisement' meeting, Tuesday, December 17, 2002- at 6:00 p.m. in the Conference Room, 1' floor Town Hall, 120 Main Street, North Andover, Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development, LLC, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 housing units per MGL Chap. 40B §§20-22. The housing is to have 27.78% of the units set aside as "affordable" in the R2 -Residential, and I-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts. The following members werd present and voting: Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley, William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap.. 40B §§20-22 for 270 housing units of which 27.79% or -75 units will be affordable per the following preliminary plans: Prepared by Sheet - Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C -1B f GZA GeoEnvironmental, Inc. -Mass. C -1C 9 GZA GeoEnvironmental, Inc. -Mass. C -2A SITE BOUNDARY AND PRELIMINARY .. . 50BDlvlSlON.-PLAN . EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 BOAR CSI s' it s Gi3Y q:' i Suli T.i�iv :, 4_^S8 �AT101`16 -953t} h GZA GeoEnvironmental, Inc.-Mass. C-2B 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-213 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 j2/O6/O2 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 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 12103102 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 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the l 9 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals tX Walter F. Soule Acting Chairperson MECE:IVE Decision on Comprehensive Permit Applicatioi-DYCE BRAD.SHAW TOWN CUES Valley Realty Development, LLC NORTH ANDOVER 231 Sutton Street, Suite 2E 1903 JAN 15 P 2: 3 b 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 MainStreet, 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- GeoEnvironmental, 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. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel 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 AndoverZoning Board of Appeals reviewed forthe 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 17, 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 08/21/02 ZBA - William Sullivan 21 09/09/02 ZBA 22 09/12/02 ZBA - William Sullivan 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 Heidi Griffin, Dir: Of Community Development Valley Realty Development, LLC Joseph Lagrasse Valley Realty Development, LLC Page 2 of 19 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 Response to Joseph Lagrasse Memo 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 unitsin 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 New England Fund for a project eligibility letter through 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 Applicantsubmitted 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 fortrash 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, Valle_ y 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•pursuantto 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 for the 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 Proiect. 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 thirty four (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 Departrfient 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 in 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 necessary to 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 anywaywithout 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 SUBDIVISION PLAN c GSD Associates, Inc. SP -2 EXISTING SITE CONDITIONS d GZA GeoEnvironmental, Inc. -Mass. C -1A e*. GZA GeoEnvironmental, Inc. -Mass. C -1B f GZA GeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A h GZA GeoEnvironmental, Inc. -Mass. C -2B i GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmentali Inc. -Mass. C-21) k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C-36 EXISTING.CONDITIONS PLAN EXISTING .CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN n GZA GeoEnvironmental, Inc. -Mass. C -3C UTILITY PLAN Page 6 of 19 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 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. Ai -1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A11-2.1 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 per cent (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; b. 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 f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. 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 > Z L Z Z Z ZZL 4 Z �l . L !� . L v z . tGGU LL '^ LLJ z z z za z¢ a z a z Z—< ¢ z a a z a a a a a a a a g a g a . ¢ o z z z z z z z z z z z z z W cr FL Ci W M co " C (h C M C Z_ C'iC m A C AO C C n C n C n c CO C Z (n Q N Cl) co C co M O M p O CO O o O O O" o W A AAOA AC g A co co C C AC^C^A OA 0f^ O C CCh ^ C N AC A Oc O c 0 c '^ cc °c °c t2 °c °c (o ^ °c Loi o Loi o Loi o L O) X . _ O LC) C A v) M N Lf) 0 L) co T A T A T C L) O p CD LL Lq O N Z W Q (W,7 � uj W W Z. ., (i a Q U C7 m .. 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Installation. and maintenance of the sewer conduits, both force main and gravity, and the sewer . pumping station, shall be the'responsibilityof 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. w 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- witfi-the 75 -affordable- units, tfie 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 studyotherthan the payment to have this study completed. Page 11 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 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-1 B EXISTING CONDITIONS PLAN 12/03/02 I 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-213 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-36 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 -371 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. Ai -1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 TYP. 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 A Waiver from Section 4.1.1.1 is granted which states: In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, .buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit. A waiver from this section is granted since the proposed multi family use is not allowable in the Industrial -1 and Residential - 2 district. A multi family use does not require a Special Permit. 3. A Waiver from Section 4.1.1.3 is granted which states: When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. A waiver is granted from this section in its entirety. This section could be interpreted to apply the this Project in that the Project is located in two zoning districts. 4. Waiver from Section 4.1.1.5 is granted which states: No private orpublic (1985/20) waygiving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. This section is waived in entirely to allow such access since the private or public ways are located in and through a residential district that does not allow multifamily residences. 5. A Waiver from Section 4.121.1 is granted which states: One family dwelling, but not to exceed one dwelling on any one lot. A waiver from this section is granted to allow multi -family residential uses since the Project is a multifamily residential development on a single lot that has a total of 28 residential, utility and garage buildings and community buildings located within an R-2 and 1-1 district. Waiver includes the ability to have multiple building and multifamily development in this zoning district. 6. A Waiver from Section 4.121.7 is granted which states: Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the. Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. A waiver from this section is granted to allow the development of a community building with pool located within the R-2 district as indicated on the site plan. 7. A Waiver from Section 4..122.18 is granted which states: Any accessory use customarily not incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. A waiver from this section is granted insofar as it could be construed to prevent the placement on site of a sewage pumping station. 8. A waiver from Section 4.132 is granted insofar as.residential multi -family housing is not allowed in an 1-1 zoning district. 9. A waiver from Section 4.132.9 is granted which states: Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permit with a Special Permit. A waiver is granted from this section insofar as any proposed pool or community buildings may be considered a swimming club. The pool and the community building are for the exclusive use of the residents and their guests. Page 14 of 19 10. A waiver from Section 4.137 Flood Plain Overlay District is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 11. A waiver from Section 4.2 Phased Development Bylaw is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 12. A waiver from the Table 1 Summary of Use Regulations is granted. This waiver is granted to allow for multifamily dwellings and associated uses in each of the zoning districts which the property is located where it is not permitted by right. 13. A waiver from Section 5 Earth Materials Removal is granted in its entirety. This waiver is granted as this section may be construed to hinder the development of this Project as indicated on the site plan. 14. Section 7 - Dimensional Requirements: A waiver from Section 7 Dimensional Requirements is granted in accordance with the following table, List of Dimensional Waivers by Building 12/05/02 (rev.), including a waiver from Footnote 1, page FN1, 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 and 60' from the requirement that no building be located less than 1 00'from Route 114 as Building #1 and Building #2 are shown.on the revised final preliminary final plan as 40'9" (rounded to 40') from the property line. Summary: The following waivers as described above are granted from Table 2, Summary of Dimensional Requirements, and its footnotes, as referenced throughout the By -Law: Table 2 changes as listed below for all zoning districts. .. Page 15 of 19 Section 8, Supplementary Regulations 15. A waiver is granted from Section 8.1.1 Parking on same lot insofar as it may be construed to hinder the development of this Project as indicated on the site plan. 16. A waiver from Section 8.1.2 listing of Uses and Minimum Spaces is granted for Off -Street Parking to allow for the parking ratios indicated on the site plan with respect to the community buildings. 17. A waiver from Section 8.1.7 is granted which reads: A parking space shall mean an area of not less than 9W8'. accessible over an unobstructed driveway not less than 25' wide to allow for driveways of 24' wide and 20' wide as indicated on the site plan. 18. A waiver from Sections 8.1.8 is granted which reads: For multi -family dwellings the front yard shall not be used for parking for accessory uses. A waiver from this section is granted in its entirety in as much as this section could be construed to"prohibit parking as indicated on the site plan. 19. A waiver from Section 8.1.9 is granted which reads: In all residential districts the front yard shall not be used for parking for accessory uses. A waiver is granted from this section in its entirety in as much as this section could be construed to prohibit parking as indicated on the site plan. 20. A waiver from Section 8.1.10 is granted which reads: In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be withing closed structures. A waiver is granted from this section in its in asimuch as this section could be construed to prohibit parking as indicated on the site plan. 21. A waiver from Section 8.1.14 is granted which reads: One (1) handicapped parking space shall be provided for every 20 parking spaces provided on site. The handicapped space shall be 12'x 20' and be indicated by a ground mounted sign and pavement markings. A waiver is granted from this section in its entirety to allow for the accessible spaces to meet the requirements of the Commonwealth of Massachusetts 521 CMR the Architectural Access Board Regulations for accessible spaces. 22. A waiver from Section 8.3 Site Plan Review in its entirety is granted in as much as this Project is regulated by the requirements under a Comprehensive Permit (Chapter 40B) and are exempt from such review. 23. A waiver from Section 8.4 Screening and Landscaping Requirements for Off Street Commercial and Industrial Districts (1987/12) is. A waiver is granted from this section in as much as this section could be construed to be applicable to this Project. 24. A waiver from Section 8.5 Planned Residential Development (PRD) is granted in its entirety since this Project is regulated bythe requirements undera Comprehensive Permit (Chapter40B) and are exempt from such review. 25. A waiver from Section 8.7 Growth Management is granted in its entirety in as much as this section could be construed to hinder the development of this Project. Page 18 of 19 26. A Waiver from Section 8.10 Lot/Slope Requirements is granted in its entirety in as much as this section could be construed to be applicable to this Project. A waiver is granted insofar as this section may be construed to hinder the development as indicated on the site plan. 27. Section 10 - Administration: A waiver from Section 10.3 Special Permit is granted in its entirety in as much as this section could be construed to be applicable to this Project. References are made to various special permit granting authorities that are in conflict with the requirements under a Comprehensive Permit (Chapter 40B) and this Project is exempt from such review. 28. Section 11 - Planned Development District: A waiver from Section 11 Planned Development District is granted in its entirety in as much as this section could be construed to be applicable to this Project. This Project is not located in an I -S district, is being submitted under the requirements of a Comprehensive Permit (Chapter 40B), and is exempt from such review. 29. Wetlands BVIaw A waiver from the Town of North Andover Wetlands Protection Bylaw, Chapter 178, and the regulations pertaining thereto, is granted with respect to: a. Disturbance in the 25' no disturbance zone (Section 3e(3)); b.. Disturbance in the 50' no build zone (Section 3e(2)); and c. Disturbance in the 75' no build zone pertaining to vernal pools (Section 3a(4)). 30. Subdivision Bylaw A. waiver from the Town of North Andover Subdivision Control Bylaw is granted. 31. Local Board of Health Bylaws A waiver from the Town of North Andover Board of Health Bylaw, as it pertains to this Project, is granted where it is more restrictive than the State Sanitary Code. 32. Bonds A waiver is granted from all Town of North Andover's regulations requirements for cash bonds related to this Project. In lieu of such cash bonds, a letter of credit or other security agreed to by the Applicant and the North Andover Zoning Board of Appeals shall be provided at the time of the commencement of site work in the amount to be determined by the North Andover Department of Public Works, to cover, the cost of the road opening within the public right of way, including the water and sewer connections. 33. Fees A waiver is granted for water and sewer connection fees associated with the 75 affordable units [see Specific Condition #29, Page 11 of 191. Page 19 of 19 Town of North Andover Office. of the Zoning. Board of Appeals S Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Buil&ng Commissioner Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed within (20) ' Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development, LLC DATE: January 14, 2003 ADDRESS: 231 Sutton St. Suite 2E -F PETITION: 2002-31 North Andover, MA 01845 HEARING: 07109/02, 08/13/02, 09/10/02, 10/15/02,10/22/02,10/29/02, 11/12/02,12/10/02 The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards' and Citizens' input. The public hearing was closed on December 10, 2002 by placing the petition "under advisement" for 40 days. The "under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, I" floor. Town Hall, 120 Main Street, North Andover, Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development, LLC, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 housing units per MGL Chap. 40B §§20-22. The housing is to have 27.78% of the units set aside as "affordable" in the R2 -Residential, and I-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts. The following members were present and voting: Walter F. Soule, ScottA. Karpinski, Ellen P. McIntyre, and George M. Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap. 40B §§20-22 for 270 housing units of which 27.78% or -75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C-1 B f GZA GeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE BOUNDARY AND PRELIMINARY SUBDIVISION PLAN EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 B0A1ZD OF .A?'i E,4i_L i 6:88-95tii . BUILDANO &$-9545 CUNTZSF, VA ION 68N 9530 HE UTH fib$=?iyi: Yl.?`vT Fi t, a'S3-7%3 h GZA GeoEnvironmental, Inc. -Mass. C-26 i GZA GeoEnvironmental, Inc. -Mass. C -2C j GZA GeoEnvironmental, Inc. -Mass. C-21) k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -3A m GZA GeoEnvironmental, Inc. -Mass. C -3B n GZA GeoEnvironmental, Inc. -Mass. C -3C o GSD Associates, Inc. SP -3 p GSD Associates, Inc. SP -3-1 q GSD Associates, Inc. SP -3-2 r GSD Associates, Inc. SP -3-3 s GSD Associates, Inc. SP -3-4 t GSD Associates, Inc. Ai -1.1 u GSD Associates, Inc. A1-2.1 v GSD Associates, Inc. A2-1.1 w GSD Associates, Inc. A2-1.2 x GSD Associates, Inc. A2-1.3 y GSD Associates, Inc. A2-2.1 z GSD Associates, Inc. A2-2.2 as GSD Associates, Inc. A3-1.1 ab GSD Associates, Inc. A3-2.1 ac GSD Associates, Inc. A4-1.1 SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN UTILITY PLAN PRELIMINARY SITEPLAN PRELIMINARY SITEPLAN W/ EASEMENTS PARTIAL - SITEPLAN PARTIAL - SITEPLAN PARTIAL - SITEPLAN TYP. 36 UNIT BLDG. FLOOR PLANS - SCHEMATIC FLOORPLANS TYP. 36 UNIT BLDG. ELEVATIONS - SCHEMATIC ELEVATIONS TYP. 84 UNIT BLDG. FIRST FLOOR PLAN TYP. 84 UNIT BLDG. SECOND AND THIRD FLOOR PLAN TYP. 84 UNIT BLDG_ FOURTH FLOOR PLAN TYP. 84 UNIT BLDG. ELEVATIONS TYP. 84 UNIT BLDG. ELEVATIONS TYP. TOWN HOUSE FLOORPLANS TYP. TOWN HOUSE ELEVATIONS COMMUNITY BLDG. FLOORPLANS 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/03(02 12/03/02 12/03/02 12(03/02 12/03/02 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the l9page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals Walter F. Soule Acting Chairperson RECD IVE0 Decision on Comprehensive Permit Applicatioi VGA BRAD HAW TO RN CLE:Rt Valley Realty Development, LLC NORTH ANDOVER 231 Sutton Street, Suite 2E �Qi3 �� N 15 P �: 3 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- GeoEnvironmental, . 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 Applicantfor 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. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel 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 transferto 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 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 Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed within (20) , Property at 2357 Turnpike Street days after the date of filing of this notice in the office of the town clerk. NAME: Valley Realty Development, LLC DATE: January 14, 2003 ADDRESS: 231 Sutton St. Suite 2E -F PETITION': I North Andover, MA 01845 HEARING: 07%09/02, 08/13/02, 10/15/02, 10/22/02, 1/12/02, The North Andover Board of Appeals held one public hearing in eight sessions for Town Boards' and Citizens' input. The public hearing was closed on December 10, 2002 by placing the petition "under advisement" for 40 days. The "under advisement" meeting, Tuesday, December 17, 2002 at 6:00 p.m. in the Conference Room, 1' floor. Town Hall, 120 Main Street, North Andover, Massachusetts, was opened for Board members to discuss the request for a comprehensive permit by Valley Realty Development, LLC, 231 Sutton Street, Suite 2E -F, North Andover, Massachusetts. This application was for 270 housing units per MGL Chap. 40B §§20-22. The housing is to have 27.78% of the units set aside as "affordable" in the R2 -Residential, and I-1 Industrial zones, located at 2357 Turnpike Street, North Andover, Massachusetts. The following members were present and voting: Walter F. Soule, Scott -A. Karpinski, Ellen P. McIntyre, and George M. Earley. William Sullivan was not in attendence during the vote. Upon a motion by George M. Earley and seconded by Scott A. Karpinski, the Board voted to GRANT the Applicant the comprehensive permit pursuant to MGL Chap. 40B §§20-22 for 270 housing units of which 27.78% or 75 units will be affordable per the following preliminary plans: Prepared by Sheet Title Rev. Date a GSD Associates, Inc. COVERSHEET 12/03/02 b GSD Associates, Inc. SP -1 c GSD Associates, Inc. SP -2 d GZA GeoEnvironmental, Inc. -Mass. C -1A e GZA GeoEnvironmental, Inc. -Mass. C-113 f GZA GeoEnvironmental, Inc. -Mass. C-1 C g GZA GeoEnvironmental, Inc. -Mass. C -2A SITE BOUNDARY AND PRELIMINARY SUBDIVISION PLAN EXISTING SITE CONDITIONS EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 BOASD Oi' A'•'PE: iLS 684 9�lz4iJui'jlj;' i Yu iBR-9' I` CONSER v'AT101 i 688-9530 HEALTH 658-954t: h GZA GeoEnvironmental, Inc. -Mass. C-26 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-36 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. A11-1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 Also, 22 general conditions, 30 specific conditions, and 33 waivers are included in the 19 page document available for inspection at the Office of the Town Clerk, 120 Main Street and the Office of the Zoning Board of Appeals, 27 Charles Street and can be viewed during normal office hours. Voting in favor were Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Town of North Andover Board of Appeals Walter F. Soule Acting Chairperson RE=CEIVE D Decision on Comprehensive Permit ApplicaticaWYCE RR0D .HAW TONN CLE`REt Valley Realty Development, LLC NORTH ANDOVER 231 Sutton Street, Suite 2E 1003 JAN 15 P 2: 36 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 MainStreet, 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- GeoEnvironmental, 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. Exhibit A: Traffic Impact and Access Study, Proposed Development Project, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, April, 2002; 2. Exhibit B: A Gap Study and Analysis, The Meadows, North Andover, MA, Prepared by DJK Associates, Inc. for Valley Realty Development, LLC, November 2002; Pagel 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 AndoverZoning 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 17, 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 Valley Realty Development, LLC Applicants Response to Bernice Fink's Memo 11 08/08/02 ZBA Julie Parrino, N.A. Con. Comm. Preliminary Review 12 09/30/02 Secretary Durand J. Lionel Lucien, Manager Mass Highway Commentary 13 08/12/02 Heidi Griffin Richard Stanley, N.A. Police Dept. Public Safety Review 14 07/19/02 Board of Appeals Lt. Melnikas, N.A. Fire Dept. Preliminary Review 15 11/22/02 ZBA - William Sullivan Chief J. Dolan, N.A. Fire Dept. Final Acceptance of Terms and Names 16 08/07/02 ZBA Chairman Sandra Starr, N.A. Public Health Preliminary Comments 17 08/09/02 ZBA N.A. Board of Selectman Preliminary Comments 18 08/05/02 ZBA - William Sullivan Robert Beshara, N.A. DPW Preliminary Review 19 08/08/02 ZBA Heidi Griffin, Dir: Of Community Preliminary Comments Development 20 08/21/02 ZBA - William Sullivan Valley Realty Development, LLC Response to Comments from Dept. Heads 21 09/09/02 ZBA Joseph Lagrasse 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 Kellys 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 shalt 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 New England Fund for a project eligibility letter through 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. lathe course of the public hearing, the North AndoverZoning 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,pursuantto 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 for the 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 Proiect. 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 thirty four (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 percent (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 in 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 necessary to 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 any way 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 SUBDIVISION PLAN c GSD Associates, Inc. SP -2 EXISTING SITE CONDITIONS d GZA GeoEnvironmental, Inc. -Mass. C -1A eGZA GeoEnvironmental, Inc. -Mass. C-iB f GZA GeoEnvironmental, Inc. -Mass. C -1C g GZA GeoEnvironmental, Inc. -Mass. C -2A h GZA GeoEnvironmental, Inc. -Mass. C-213 I GZA GeoEnvironmental, Inc. -Mass. C -2C i GZA GeoEnvironmental, Inc. -Mass. C-21) k GZA GeoEnvironmental, Inc. -Mass. C -2E I GZA GeoEnvironmental, Inc. -Mass. C -.3A m GZA GeoEnvironmental, Inc. -Mass. C-36 EXISTING.CONDITIONS PLAN EXISTING: CONDITIONS PLAN EXISTING CONDITIONS PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN SITE DEVELOPMENT AND GRADING PLAN EROSION AND SEDIMENT CONTROL DETAILS STORM WATER COLLECTION SYSTEM DETAILS UTILITY PLAN UTILITY PLAN n GZA GeoEnvironmental, Inc. -Mass. C -3C UTILITY PLAN Page 6 of 19 12/03/02 12/03/02 12/03/02 12/03/02 12/03/02 12/06/02 12/06/02 12/06/02 12/03/02 12/03/02 12/06/02 12/06/02 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. A1-1.1 TYP. 36 UNIT BLDG. FLOOR PLANS - 12/03/02 SCHEMATIC FLOORPLANS u GSD Associates, Inc. A1-2.1 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 per cent (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, 'asappropriate. 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. 1.3. 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 percent (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; b. The leas&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 f. A copy of the lease or rental agreement shall be provided to the Organization of Unit owners. g. 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 shallbe 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 AndoverZoning 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 Page 1 of 1 Nicetta, Robert From: Karen Pollastrino [kpollastdno@mincocorp.com] Sent: Tuesday, June 17, 2003 2:48 PM To: Mich Glennon Cc: Bob Nicetta Subject: Fw. Meadows comp. permit decision Howdy. I'm planning on doing this unless one of you calls and tells me not too. Thanks. — Original Message ---- From: Karen Pollastrino To: Mich Glennon Sent: Tuesday, June 10, 2003 2:10 PM Subject: Meadows comp. permit decision Mich, maybe you recall that we found a typo in the Meadows decision on Page 2 where it says that the public hearing was closed on 12/17 instead of 12/10 which is the correct date. would like to finalize this since we haven't recorded the decision yet. OK???? Karen Pollastrino Minco Corporation 978-687-6200 x 122 6/18/03 Page 1 of 1 Glennon, Michel From: Karen Pollastrino [kpollastrino@mincocorp.com] Sent: Wednesday, June 18, 2003 11:23 AM To: Michel Glennon Subject: Re: Meadows comp. permit decision I'll call you to discuss. Probably after lunch. Thanks. ----- Original Message ----- From: Michel Glennon To: 'Karen Pollastrino' Sent: Wednesday, June 18, 2003 11:09 AM Subject: RE: Meadows comp. permit decision Hi, Karen, I hope this one gets through. Yes, the Public Hearing closed on 12-10-02. 12-17-02 was under advisement, no new testimony, review draft decision, only. Also, while you are working in page 2 of 19, , item 19- 8-8-02 is Clayton Mitchell, Town Planner rather than Heidi Griffin? I have an 8-9-02 Clayton Mitchell, only. I don't remember that Heidi submitted evidence. Item 20, date 8-21-02 -would that be 9-10- 02? Mich. -----Original Message ----- From: Karen Pollastrino [mailto:kpollastrino@mincocorp.com] Sent: Tuesday, June 17, 2003 3:48 PM To: Mich Glennon Cc: Bob Nicetta Subject: Fw: Meadows comp. permit decision Howdy. I'm planning on doing this unless one of you calls and tells me not too. Thanks. ----- Original Message ----- From: Karen Pollastrino To: Mich Glennon Sent: Tuesday, June 10, 2003 2:10 PM Subject: Meadows comp. permit decision Mich, maybe you recall that we found a typo in the Meadows decision on Page 2 where it says that the public hearing was closed on 12/17 instead of 12/10 which is the correct date. I would like to finalize this since we haven't recorded the decision yet. OK???? Karen Pollastrino Minco Corporation 978-687-6200 x 122 6/18/03 AUG.12.2003 12:53PM VHB N0.285 P.1 f Transortation RECEIVED Land Development Environmental 9 a r v i c a S AUG 112003 IM Walnut Street �ana sie M%pzdgf9 Hrusftm Mr.Post BUILDING DEPT. Office Box 9151 Waterhmn Massachusetts 025t'li 617 9241770 FAX 6179242286 FAX Transmittal Deliver7o: Robert Nicetta Froin: Tim McIntosh Building Commissioner company: Town of North Andover VHB Project Na: 06716.58 Telephone No.: 978.688-9545 FAX No.: 978-688-9542 Original of TelemPF Will be sent Date and Time: August 12, 2003 Total Number of Pages including Tkammdttal Forma RE: Comprehensive Permit Application Review The Meadows North Andover, MA Iii Bob, Please find a copy of VHB's engineering review for the above project. I will copy the applicant Please call me if you have any questions \\MR�alr\ee�o671658idoes\Trim�nlua�s\taxniatts-8-1x-03 doc AUG 1 2 2003 U AUG.12.2003 12:54PM VHB N0.285 P.2 TOWN 01F NORTH ANDOVER ZONING BOARD OF APPEALS CHAPTER 40B PERMIT REVIEW Location: 2357 Turnpike Street VHB No.: 06716.58 Owner: Valley Realty Development, LLC Applicant: Valley Realty Development, LLC Applicant's Engineer: GSD Associates, 148 Main Street, Bldg A, N. Andover, MA 01845 Plan Date: 8/26/2002 —rev 1/07/2003 Review Date: 08/11/2003 The Applicant submitted the following information Revised Plans, as revised 12/03/2002-01/072003 - Hydrological analysis as approved by Ms. Lisa Eggleston Vanasse Hangen Brustlin, Ine. (VHB) has reviewed the supplemental data submitted for the Chapter 40B Perdr't1 for the Meadows. The Drainage analysis reviewed was as approved by Ms. Lisa Eggleston, North Andover's Conservation Commission,Environmental Consultant. 1. All plans and calculations should be signed and stamped by a registered Professional Engineer (PE). 2. The Limitation statement at the back of the calculations references information provided to the Hydrologic Consultant as not being verified. All information in the reports should be verified by properly certified professionals prior to approval. 3. A Separate Operations and Maintenance Plan signed and stamped by a Professional Engineer should be submitted and recorded with the approval. 4. According to Table 3 and 4, there will be significant increases to the peak runoff rate and volume during marry, of the design storms 5. Statement 5 in the LIMITATIONS appears to indicate the possibility of the calculations becoming less accurate as changes are made during the approval process and construction Are the calculations complete and accurate to the satisfaction of GZA? 6. Several of the Sgures in Table 3 are missing negative signs, Nearly half the flow analysis show increases of between 5096 and 7009'6, does this represent the most recent calculations? 7. VHR recommends that the applicant provide a summary document listing each sub area, m values, and times of concentration with graphic representations of the basin areas and the critical path used to calculate time of concentration. 8. Are floor drains being connected to either the drainage or sanitary sewer systems? 9. Additional construction details will be needed for the culvert. Inverts are. not listed on the utility drawing for the culvert 1 l\Mewate\ee�067i6B9�doa�eepartee�MMwdnws mmp permit Review 2003061Ldat AUG.12.2003 .12:54PM VHB N0.285 P.3 1 10. To insure the site can be graded and constructed as shown on the plans, it is common practice to show the inverts for the sewer system, and to check for utility conflicts prior to approval. VHB recommends that the applicant provide this information. 11. The stormceptor calculations should indicate which model the engineer recommends selecting. Vernal Pools 1. What soil types are tnbutary to the vernal pool? The CN values listed appear to be high (over 70)- 2. The report states that the use of roof drains to mitigate the losses to the vemal pools should be limited to the smaller storms, because the vernal pools do not have overflow outlets. How has the design engineer segregated the larger storms from entering the vernal pool areas? 3. Do the smaller pipes and higher velocity expected in roof leaders represent a possible erosion concern? Regional Floodulain AnA"k 1. The Limitations section contains the same statements as mentioned above. All information in the reports should be verified by properly certified professionals prior to approval. 2.. Does the floodplain analysis take into consideration the most recent Hydrologic report? According tot the floodplain analysis, on site detention was not included in the floodplain analysis. 3. The floodplain analysis routinely uses 300 ft sheet flow lengths. This seems high, specifically in the area of 14% slopes. VHB recommends that the Applicant address the concerns listed above. Assuming that the applicant addresses these concerns, no additional engineering review will be requited at this time. 2 \\Mawotr\M\DUMM\dote\tipoM\Mtadmo camp pM jrnzwtew 20CM911AM Town of North AndoverOO NORTH Office of the Zoning Board of Appeals 0 � p Community Development and Services Division . 27 Charles Street r « '^�,..o North Andover, Massachusetts 01845 9SSAC HUSEt `h D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 April 17, 2003 Louis P. Minicucci, Jr., Manager Terra Properties LLC 231 Sutton Street, Suite IA North Andover, Massachusetts 01845 Dear Mr. Minicucci: The North Andover Zoning Board of Appeals reviewed the "First Amendment to Regulatory Agreement [FHLBB-New England Fund] dated the 21 day of March 2003 by Terra Properties, LLC, a Massachusetts Limited Liability Company, having an address at 231 Sutton Street, Suite IA, North Andover, MA 01845 ("Developer") and Banknorth, N.A. of 153 Merrimack Street, Haverhill, MA 01831-2314 (the "Bank"), a member institution of the Federal Home Loan Bank of Boston". The Board voted at the regular April meeting on Wednesday, April 16, 2003 that The First Amendment is in substantial compliance with the document submitted during the public hearing. Please call if you have any questions. Very truly yours, Walter F. Soule, Acting Chairman North Andover Zoning Board of Appeals WFS:mg CC: Thomas J. Urbelis, Esq. Karen Pollastrino D. Robert Nicetta, Building Commissioner ZBA file Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@ufb.com Mr. Walter F. Soule North Andover Town Offices 27 Charles Street North Andover, MA 01845 RE: KiTTREDGE CROSSING Dear Mr. Soule: Telephone 617-338-2200 Telecopier 617-338-0122 April 8, 2003 Andover Telephone 978-4754552 Pursuant to your letter dated April 2, 2003, the enclosed chart is a comparison o_ f the provisions of the referenced documents. The First Amendment to the Regulatory Agreement provides that, except as modified by the Amendment, the October 23, 2002 Agreement remains. Please call if you have any questions. Very truly yours, Thomas J. 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The altar was transported to Holy Rosary Church, 35 Essex St., Lawrence, where the first Lithuanian-lan- Fated Aug. 3. tesisce abraast .....ass tkers urn ft The .2U -mini% hool Miosis which :were s/s/,y��yfy..� y "4µ cU ig f -o iY, k, k ....Just Wl./�rC'..+v+e " #, vinth people and incis of^� , helping' them in, e Anne , lurch at e ry °P their time of t ice, for need.» re than _ { Jere Jozak of Lawrence he final °4 ,�� iat has B eds of - Please see Page 2firmore e years. The Rev. Peter Shakalis offers Vernice Surneika of Lawrence wine+ parishioners' memories. 1 to the during Holy. Communion. Helping BurneikaSs her niece Dotty Con irehdio- ley (far right), also of Lawrence. aments Academy, a school for boys in the Italian -American Holy Rosary and St. Mary -churches aptisms fifth to eighth grades. Rosary Church, 3S Essex St., were at the Mass to lend their zere. Today, contractors will begin to Lawrence, have invited memberssupport. One of them was Mary aid Ver- renovate the downstairs hall into of St. Francis to join them. The A. Guilmette of Holy Rosary. classroom space, offices and a pastor of St. Mary-Inmaculada ,We wantto welcome em to 'c were cafeteria, said the Rev. James J.. Concepcion Church also wrote,a our parish if.they care to come," 'church Ronan, administrator at St. Fran- letter offering an invitation to join Guilmette said. (ember, cis and pastor of Holy Rosary St. Mary's -on Hampshire Street Several members of St: Fran- iome to Church. in Lawrence. Jessini Ronan and his. parishioners at Several members of Holy. plea see CHURCH, Page 2.. 1 LAKE WINNIPESAUKE'E f 18 Laconia.is 14 defends lack 24 . 9 of lifeguards beach n 18 CP ation 8 ♦ Kevin Rodriguez, 13, of Lawrence was in critical condition this morning after almost drowning. 6c.�_ _ " From staff and wire reports discourage swimmers, but peo. Rou,te.. 1. 4.1 ♦ Developers will seek a permit for the project, under the state's so-called anti -snob zoning law. By Shawn Boburg mitted official plans to the town, Eagle -Tribune Writer Laudani and Mesiti told The NORTH ANDOVER — Town Eagle -Tribune they intended to officials and residents will getpropose 295 housing units. But their first opportunity tomorrow they have since scaled the com- plexto see pians for what would be the down, slightly. largest housing development here Here are, the details the pro - in decades. ject as' currently proposed: There The Zoning Board of Appeals are 192 one- and two-bedroom, will hear a proposal fora 270 -unit garden -style condos in four build= wise along Route 114. At market housing complex on 47 acres off mgs, two of which stretch length - Route 114 near the Middleton line. it is called The Meadows. price' they will sell .for betr�ee;z Developers say they will give a $199,000 and $259,000. There will also 78 three-bedroom town - 15 -minute presentation about the houses farther back fromthe project tomorrow night at 7:30 in road, closer to Harold Parker the Senior Center, 120 Main St. State Forest. At market price, In what will likely be a months-. these units will sell for between long process, developers Thomas $329,000 and $399,000: ' D. Laudani and Anthony Mesiti Sixty-eight affordable housing will seek -a permit for The Mead-- units distributed between both ows under. the state's so-called townhouses and condos, will sell anti -snob zoning law, Chapter for $159,000. 40B.. There will be a total of 784 park - The law allows developers to ing spaces and a system of side - sidestep some local zoning regula- walks in the complex. tions in exchange for building Although several town leaders affordable housing in communi- have not yet seen the plans for ties with less than 10 percent The Meadows, they will likely affordable housing stock. North raise concerns about traffic con - Andover has about 5.35 percent. In February,`before they sub - Please see CONDOS, Page 2 ...-: ` WAs "?Y !9�• .sn-. ,Mptlp,Yl.R1.q.i�+. . h..'a'. sr.,.Fr !InMNI 11 v4 TR 7 ,_ Vii, h Proposal for 270, new condos filed Developers are planning a 270 -unit development called The Meadows, with a „ combination of townhouses and garden -style condominiums. The development, which a was proposed under the so-called "anti -snob" law, would sit on 49 acres between Route 114, the Harold Parker State Forest and the Middleton line. Osg Street ue lawler�ce Iss NORTH ANDOVER "+ t� 114 133 St,, Sfiarpner's Pond Road dOyeh 125 Turnpike Street 114 �! Harold Parker + State Forest Y r. r , Loae ma becom q y e StM21CANLA AU#thp razes A.7 ♦ Gov Jane Swift suggests cutting the Lottery payout from 71 percent to 63 percent. - By Steve LeBlanc Associated Press . �..,r12LJCT(11U,j:Tnselrsr.T.nflo,wr:nen_ some � Democrats who initially rejected the idea are giving it a secondlook.� _ .M....v r. Condos. 270 to. b,3.,.e. builtnear town line. -. Continued from Page i' gestion on Route 114, the number of children the development will add to the school system and the impact of an increased demand on the town's water system, said Selectmen Chairman Rosemary G. Smedile. Also sure to be analyzed is whether the- development .will bring more money to the town in taxes than it will cost in increased services, Smedile said. But, she 'added, "the town has little control over 4011s. If a permit is denied by zoning officials in a town, the proposal goes before an appeals board of the state's Department of Housing and Community Development. Historically, an overwhelming majority of towns' denials ar then overturned. "It (40B) is carte blanche for a developer tha wants to bring in high-densit housing," Smedile said. Laudani said a fiscal impac study of the development is bein created now and will be ready ' August. A study showing ho many children developers expec would be added to schools will b completed by next week, he said. A traffic study paid for by th developers shows that between and 6 p.m. on a given day, th number of cars on Route 114 pe hour could be expected t increase by. about 8.3 percent' the development were built. But despite the prospect added traffic and more children' the schools, at least one neighb is excited about having a Nous' complex built next to her recent] constructed home. "I think it's great," said Bren Sawyer, whose family built i home at 2245 Turnpike St. s' months ago. "I'm just hoping for crosswalk (across Route 114) some sidewalks." "We were excited when heard about it and so were o kids," she said. "It would be m to have neighbors that have ki We're thinking if it's a more re d'ential area, maybe they'll e build a playground." c. 1\ R t] a l i e E t Y t 9 m w t e e 4 e r 0 if of m or mg y da is >x a and we ur ce ds. si• vet s 1 S C 0 .F-katci ts .�.- ontinued frompage'1 q e �a, s like Tony Grausly of Hudson, �a d Holy � � A .wo would atten � .H:, said they Y ', fn ��� �*� �k� as osaryc He said Lawrence was ie: closest city where he could ttend Mass in Lithuanian. ri Others like Zita Lesinskas of lethuen .said they would wait. x r <« '� When you get divorced, you st f� .. on't get married right away, and '� , then there is a death in the fame-` you don't marry right away," ,esinskas said. Eva Taper of Methuen left St. s "PA«P rancis church when she was 5 or " i years old and returned over a +� � �ts � . year ago. R + x x "I wanted to go back to my roots a m W and the place where my parents h dry' Q a, !nd grandparents attended" she � ' �'i st 6ratts ' fi 5 X •`'s d we a�,� ,.<�. >aid. Taper is taking classes to ., YYiY� [u� a .earn Lithuanian and said attend- ng Mass in Lithuanian was help- U ��aef; As fellow parishioners entered r � � � � "V9 i�V� 5t. Francis, Jonas Stundza of t 4 W" Lawrence distributed black rib- ' bons with black roses he had i� t�lp 1�YCi71 bap Sa; fky3 +A A made. On the ribbons, it read in Lithuanian —Lawrence Lithuan- ian Parish, St. Francis, Jul 7,� y� d� 2002. ('11 Parishioners cried during the ';�' service, while others took pictures to remember their beloved parish.' ��> "It was Very Sad. The moving of N, ��5�i1ywits 11 the altar was like a funeral," said ?'� 4 ti Anne Woodward, 18, of Methuen. U`& � r Carol Nolin of Salem, N.H., s _ €* for agreed.��� . "This is the end of an era. We `tl' Il�len may go on to a different church, �� r �• but the family will be disbanded," omit# � 7Nolin said.The Most Rev. Emilio S. Allue,bishop of the Merrimack'Valley, was main celebrant. He was �.� _."� accompanied by Ronan; the Rev. -- --- ] par the group where we find love, -- - Albin Janiunas, the pastor of St. goo friendship and life, not so much to � _ Francis from 1977 until 1995; the Rev. Peter F. Shakalis, pastor at the physical building Allue said. After the Mass, altar servers `i R� �i5tf0OW 19031tiytt�w' but St. Francis for 10 years; and the extinguished the candles andhig er bei Rev. Richard J. Brady, pastor jams; ��r°f$t lCbt�ch�rbkvvasfe tha removed the linens from the altar from 1996 until last August. a $ fur b o l During the Mass, readings were to begin transporting the altar from the sanctuary at St. Francisl�i>ta! C� t cta� Y ca'�' lar given in Lithuanian and English. to its new home in the downstair G��establt�e frit The prayers of the faithful were church at Holy Rosary. mead in English, Lithuanian and bri'c strusre blta 192ZN��plaCe tl� �u�d cod The procession by truck and r Ro, French. Parishioners prayed for i 1 two black limousines also includes , "all of the members of St. Francis of Assisi Parish, past, present and ed chalices, the lectionary m N� cis future that God's loving kindness Lithuanian and the. Eucharist Bo brought by Ronan. the group, Allue said. Belessini Academy told parish - will sustain us in this painful time ,The Lithuanian Catholic com- Allue announced the first Mass ioners the chapel at the school will wi of the closing of our beloved munity continues, from today on, in Lithuanian will be celebrated be named St. Francis of Assisi and CE parish and lead us into the future to live their faith and their tradi- Aug. 3 at Iioly Rosary. He also the culture and history of Lithua- Li, with hope." tions in a different location. The asked Ronan to start planning the mans will be kept alive. pr "For any group, the building where they live in and houses Holy Rosary parish family has ' 100th anniversary of the founding In our faith we are taught that se them as a unit becomes also a extended its invitation in love and of 'St. Francis next year. Ronan ending is followed by a beginning Ca `home' when there is love and friendship. We realize that said $5,000 has been set aside for and death by resurrection. Inside do changes and moving is not a such purpose. these walls will be a source of ioi understanding among the mem- pleasant task. It requires sacrific At a reception following the hope for years to come," DiFillip- Hi bers. Also in our parish home our ing emotional attachments and Mass, Julie DiFillippo, executive po said. ni attachment is to the members of particular interests for the good of director of the Blessed Stephen Jere Jozak told his fellow j t Loffery. Prize IP ots • M;1Y slit *0 Continued from Page 1, Last year, the state took in a record $3.9 billion on Lottery games, with $2.77 billion of that. going back to winners in the form of prizes.., Exactly how the plan would work isn't clear. A spokesman for Swift said the Lottery could either decrease the frequency of prizes or lower the amount of individual prizes. When the Lottery began in 1972, the prize payout was 45 per- cent, the minimum allowed by _ _statute._State treasurers, at their •.des Lake* QTraansMore n Continued from Page 1 Wakefield station by two or three minutes ahead of or behind sched- of lifq` commuters an in-between option. ule spokesman Brian Pedro said. lack Boston at 10:35 .m. it p Leaving B p � The expanded service comes will make .stops in Andover, nearly two weeks after Amtrak Continued from Page 1 A Lawrence and. Bradford before threatened to shut its operations ti pulling into Haverhill at 11:39. and impact the MBTA service. temporarily closed," he said. "I a "Now at least you can work late, The MBTA owns the local trains think if (beachgoers) see posted go `' out to dinner and get things and tracks, but pays Amtrak $200lifeguards, they're going to assume l F done without having to wait until million annually for its 1,500 the beach is open." ri midnight for the train," said state employees to service the trains Lifeguards went back on duty at i Sen. Steven A. Baddour, D- ' and tracks. The Amtrak shutdown Weirs Beach yesterday after water d Methuen, who pushed the MBTA was averted due to a $100 million. test results showed bacteria levels F to. add another Haverhill run to bailout from the federal govern- were lower. t the nightly train service. "The ment. Kevin Rodriguez, 13; was still in midnight train is the worst, State officials were to kick off critical condition last night at Dart. because people are usually in a the expanded service today at mouth -Hitchcock Medical Center > rowdy mood:" ' 11:45 a.m. at the Haverhill station in Lebanon. i In addition to sending another in Railroad Square, with MBTA Amy Lovisek, the waterfront train to Haverhill, the MBTA is General Manager Michael H. program director for the city's adding a late run for people want-Mahern and James H. Scanlan, parks and recreation department, ing to take the commuter rail secretary of the Executive Office responded to criticism that the ' toward Boston. The 10:21 p.m. of Transportation, joining Bad- city's signs on the beach either -trait, _will.now-leave_Haverhill,__A,,,,,, f r -the eeremonv. _ were notvisible to many beachgo- ' This report was prepared b) North Andover reporter Shaw? Boburg. If you have questions please feel free to contact him b) phone at 946-2000, or by e-mail a sboburg@eagletribune-com. LOTTERYTHE MASSACHUSETTS ' Daily Lottery July 7 .... .......7046 Payoffs/exact order i All 4 digits .......... .$3,750 First or last 3 digits .. ...$525 Any 2 digits ................$45 l Any I digit ..................$4 ` l Payoffs/any order All 4 digits .... .. $156 First 3 digits ............. .$87 f p e Last 3 digits ..............:.$87 Previous numbers s July ....7574 July ....2249 C; July 4 ....3834 July I ....1338 ' S, Megabucks b- July 6 ...........2-7-23-25-30-39 tE July 3 ........... 6-9-1 1-21-26-34 1 w Mass Cash ......... 3-10-17-23-26 s 1 S C 0 .F-katci ts .�.- ontinued frompage'1 q e �a, s like Tony Grausly of Hudson, �a d Holy � � A .wo would atten � .H:, said they Y ', fn ��� �*� �k� as osaryc He said Lawrence was ie: closest city where he could ttend Mass in Lithuanian. ri Others like Zita Lesinskas of lethuen .said they would wait. x r <« '� When you get divorced, you st f� .. on't get married right away, and '� , then there is a death in the fame-` you don't marry right away," ,esinskas said. Eva Taper of Methuen left St. s "PA«P rancis church when she was 5 or " i years old and returned over a +� � �ts � . year ago. R + x x "I wanted to go back to my roots a m W and the place where my parents h dry' Q a, !nd grandparents attended" she � ' �'i st 6ratts ' fi 5 X •`'s d we a�,� ,.<�. >aid. Taper is taking classes to ., YYiY� [u� a .earn Lithuanian and said attend- ng Mass in Lithuanian was help- U ��aef; As fellow parishioners entered r � � � � "V9 i�V� 5t. Francis, Jonas Stundza of t 4 W" Lawrence distributed black rib- ' bons with black roses he had i� t�lp 1�YCi71 bap Sa; fky3 +A A made. On the ribbons, it read in Lithuanian —Lawrence Lithuan- ian Parish, St. Francis, Jul 7,� y� d� 2002. ('11 Parishioners cried during the ';�' service, while others took pictures to remember their beloved parish.' ��> "It was Very Sad. The moving of N, ��5�i1ywits 11 the altar was like a funeral," said ?'� 4 ti Anne Woodward, 18, of Methuen. U`& � r Carol Nolin of Salem, N.H., s _ €* for agreed.��� . "This is the end of an era. We `tl' Il�len may go on to a different church, �� r �• but the family will be disbanded," omit# � 7Nolin said.The Most Rev. Emilio S. Allue,bishop of the Merrimack'Valley, was main celebrant. He was �.� _."� accompanied by Ronan; the Rev. -- --- ] par the group where we find love, -- - Albin Janiunas, the pastor of St. goo friendship and life, not so much to � _ Francis from 1977 until 1995; the Rev. Peter F. Shakalis, pastor at the physical building Allue said. After the Mass, altar servers `i R� �i5tf0OW 19031tiytt�w' but St. Francis for 10 years; and the extinguished the candles andhig er bei Rev. Richard J. Brady, pastor jams; ��r°f$t lCbt�ch�rbkvvasfe tha removed the linens from the altar from 1996 until last August. a $ fur b o l During the Mass, readings were to begin transporting the altar from the sanctuary at St. Francisl�i>ta! C� t cta� Y ca'�' lar given in Lithuanian and English. to its new home in the downstair G��establt�e frit The prayers of the faithful were church at Holy Rosary. mead in English, Lithuanian and bri'c strusre blta 192ZN��plaCe tl� �u�d cod The procession by truck and r Ro, French. Parishioners prayed for i 1 two black limousines also includes , "all of the members of St. Francis of Assisi Parish, past, present and ed chalices, the lectionary m N� cis future that God's loving kindness Lithuanian and the. Eucharist Bo brought by Ronan. the group, Allue said. Belessini Academy told parish - will sustain us in this painful time ,The Lithuanian Catholic com- Allue announced the first Mass ioners the chapel at the school will wi of the closing of our beloved munity continues, from today on, in Lithuanian will be celebrated be named St. Francis of Assisi and CE parish and lead us into the future to live their faith and their tradi- Aug. 3 at Iioly Rosary. He also the culture and history of Lithua- Li, with hope." tions in a different location. The asked Ronan to start planning the mans will be kept alive. pr "For any group, the building where they live in and houses Holy Rosary parish family has ' 100th anniversary of the founding In our faith we are taught that se them as a unit becomes also a extended its invitation in love and of 'St. Francis next year. Ronan ending is followed by a beginning Ca `home' when there is love and friendship. We realize that said $5,000 has been set aside for and death by resurrection. Inside do changes and moving is not a such purpose. these walls will be a source of ioi understanding among the mem- pleasant task. It requires sacrific At a reception following the hope for years to come," DiFillip- Hi bers. Also in our parish home our ing emotional attachments and Mass, Julie DiFillippo, executive po said. ni attachment is to the members of particular interests for the good of director of the Blessed Stephen Jere Jozak told his fellow j t Loffery. Prize IP ots • M;1Y slit *0 Continued from Page 1, Last year, the state took in a record $3.9 billion on Lottery games, with $2.77 billion of that. going back to winners in the form of prizes.., Exactly how the plan would work isn't clear. A spokesman for Swift said the Lottery could either decrease the frequency of prizes or lower the amount of individual prizes. When the Lottery began in 1972, the prize payout was 45 per- cent, the minimum allowed by _ _statute._State treasurers, at their •.des Lake* QTraansMore n Continued from Page 1 Wakefield station by two or three minutes ahead of or behind sched- of lifq` commuters an in-between option. ule spokesman Brian Pedro said. lack Boston at 10:35 .m. it p Leaving B p � The expanded service comes will make .stops in Andover, nearly two weeks after Amtrak Continued from Page 1 A Lawrence and. Bradford before threatened to shut its operations ti pulling into Haverhill at 11:39. and impact the MBTA service. temporarily closed," he said. "I a "Now at least you can work late, The MBTA owns the local trains think if (beachgoers) see posted go `' out to dinner and get things and tracks, but pays Amtrak $200lifeguards, they're going to assume l F done without having to wait until million annually for its 1,500 the beach is open." ri midnight for the train," said state employees to service the trains Lifeguards went back on duty at i Sen. Steven A. Baddour, D- ' and tracks. The Amtrak shutdown Weirs Beach yesterday after water d Methuen, who pushed the MBTA was averted due to a $100 million. test results showed bacteria levels F to. add another Haverhill run to bailout from the federal govern- were lower. t the nightly train service. "The ment. Kevin Rodriguez, 13; was still in midnight train is the worst, State officials were to kick off critical condition last night at Dart. because people are usually in a the expanded service today at mouth -Hitchcock Medical Center > rowdy mood:" ' 11:45 a.m. at the Haverhill station in Lebanon. i In addition to sending another in Railroad Square, with MBTA Amy Lovisek, the waterfront train to Haverhill, the MBTA is General Manager Michael H. program director for the city's adding a late run for people want-Mahern and James H. Scanlan, parks and recreation department, ing to take the commuter rail secretary of the Executive Office responded to criticism that the ' toward Boston. The 10:21 p.m. of Transportation, joining Bad- city's signs on the beach either -trait, _will.now-leave_Haverhill,__A,,,,,, f r -the eeremonv. _ were notvisible to many beachgo- 4 _ 1 4 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 Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: _ DATE: SUBJECT: - � — D 3 �� 1 &A A j e (� 8 c (TY1 REMARKS: log �t \A1 Q (A4 5 +- l v �o V CiOer-Rf 1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 HP Fax K1220xi Last Transaction Dae Time TTypee Sep 3 9:53am Fax Sent Identification 816177275060 Log for NORTH ANDOVER 9786889542 Sep 03 2003 10:04am Duration Pages Res lilt 3:35 12 OK co r W v r OD V Of Ul A W N O O O V 01 O A W N Z' < C Z w` <- C Z w` Z C z w` Z C Z w_` Z C Z w_` <• C Z< w_` o D P <• c o Z <' o D s_`u R. 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C = D V D CDD W O W O W y > O CO O 0 y 0 O W O Co 0 0 0 0 0 D 0 m O Co O O 0 m 0 W 0 0 _� O 0 0 r D G) m m m m m m � r m (D c v v v -1 .» N .. z W (A x % O Z O O O < � �cn� = V = v A = V = V `G A = V = V = V O m V = V i `G V `G V `G V `G V `G V `G V = A `G V = A `G V = A = A K V W 0 Ul 0 0 N Ul 0 Ul 0 Ul G) CD CON Ul � Ul y Ul 03 � Ul 0 ( CO CD Wfl � ((A � CO N N � 1 1 = i = = i = _ _ _ = i Ul O 0 O 0 O 0 O W O 0 O 0 O 0 O 0 O 0 O i�n0 O 0 O N O 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z z z z z Z Z Z z z Z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z Z z z z Z z z z Z z Z Z z z Z z z Z Z Z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z z z z z z z z z z z z z z z z z z z z z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D K A,<A--A,<A K A,<A,<A = V I<A = V = V I<A •G A Ul 0 O 0 O N 0 0 O 0 O 0 O 0 O O O (A O O O O O 0 O 0 O O (Gp A `G A `G A I A K A `G A `y A = V K A = V `G A K A K A Vgy� UI N UOyOUUUW Ul Ul U 0 U((A UN � CD z z z z z z z z z z z z z z z z Z Z z z z z z (<i� m z D D D D D D D D D D D D D D D D D D D D D D D D m D o = V = V = V = V = V = V = V = V = V = V = V = V lG A N O N O N O N O N O N O N O N O N O N O N O N O N 0 N Ul Ut Ul Ul Ul N Ul Ul Ul Ul Ul Ul U7 (A Ul `G A,<A K A K A K A,gA K A = V K A = V = V K A K A (J, Vl O o O (n O (A O w O (n O 0 O O 0 (A O O O O 0 w O w O O Z z z Z Z z Z Z z z z Z z z Z z z Z z Z Z z Z Z z Z Z D D D D D D D D D D D D D D D D D D D D D D D D D D D = V = V = V = V = V = V = V = V = V = V = V `G AK A N O DOO DOOONODOD O O ro OyyNN Ul Ul ()I Ul (A D Cn C( `G A 'G A K A `G Al� A K A `G A = V K A = V = V K A `G A (J, (/7 0 y 0 y 0 0 0 W 0 (n 0 0 0 0 0 (A 0 O 0 O 0 0 0 0 0 O O O O aD O W O W O C W .'^ w N O N O Q m O V/ o O o 0 o O o o D T z z z Z z z Z z z 00 O z z z Z z z z z z z Z z z =W `G (D V W i O O 1 co V i - A 1 i O 1 i O i Ul O i K (D p� N 0 = n O = = W O = M = = = D D = D = D = m Cl) = Co. = = i 0 Ul m � O CO O O W O (D 4l W O CO O O O W O N (d W O W O W O W O W O CO O W O W O O O 0 0 0 N 0 O N O 0 O N r1 0 0 0 0 0 A 0 0 0 0 O O (nI O O O O O O O O O O M 0 -1 j j J J i i -, = = n = = = 00 00 0= 00 0 0 m = v = V l< A = V = V�< A = z z z z z z z z z z z z z z z z z z z z Z Z Z z z Z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z Z z z z Z z z z Z z Z Z z z Z z z Z Z Z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z z z z z z z z z z z z z z z z z z z z z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D K A,<A--A,<A K A,<A,<A = V I<A = V = V I<A •G A Ul 0 O 0 O N 0 0 O 0 O 0 O 0 O O O (A O O O O O 0 O 0 O O (Gp A `G A `G A I A K A `G A `y A = V K A = V `G A K A K A Vgy� UI N UOyOUUUW Ul Ul U 0 U((A UN � CD z z z z z z z z z z z z z z z z Z Z z z z z z (<i� m z D D D D D D D D D D D D D D D D D D D D D D D D m D o = V = V = V = V = V = V = V = V = V = V = V = V lG A N O N O N O N O N O N O N O N O N O N O N O N O N 0 N Ul Ut Ul Ul Ul N Ul Ul Ul Ul Ul Ul U7 (A Ul `G A,<A K A K A K A,gA K A = V K A = V = V K A K A (J, Vl O o O (n O (A O w O (n O 0 O O 0 (A O O O O 0 w O w O O Z z z Z Z z Z Z z z z Z z z Z z z Z z Z Z z Z Z z Z Z D D D D D D D D D D D D D D D D D D D D D D D D D D D = V = V = V = V = V = V = V = V = V = V = V `G AK A N O DOO DOOONODOD O O ro OyyNN Ul Ul ()I Ul (A D Cn C( `G A 'G A K A `G Al� A K A `G A = V K A = V = V K A `G A (J, (/7 0 y 0 y 0 0 0 W 0 (n 0 0 0 0 0 (A 0 O 0 O 0 0 0 0 0 O O O O aD O W O W O C W D O w N O N O Q m O o O o 0 o O o o D Z z z z z Z z z Z z z Z z z z z Z z z z z z z Z z z Z `G (D V W i O O 1 co V i - 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A 1 i O 1 i O i Ul O i K (D p� N n O m a (n(rcn M Cl) D D D D D D D m m D Co. m 0 z z z z z z z z z z z z z z z z z z z z Z Z Z z z Z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z Z z z z Z z z z Z z Z Z z z Z z z Z Z Z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D z z z z z z z z z z z z z z z z z z z z z z z z z z z D D D D D D D D D D D D D D D D D D D D D D D D D D D K A,<A--A,<A K A,<A,<A = V I<A = V = V I<A •G A Ul 0 O 0 O N 0 0 O 0 O 0 O 0 O O O (A O O O O O 0 O 0 O O (Gp A `G A `G A I A K A `G A `y A = V K A = V `G A K A K A Vgy� UI N UOyOUUUW Ul Ul U 0 U((A UN � CD z z z z z z z z z z z z z z z z Z Z z z z z z (<i� m z D D D D D D D D D D D D D D D D D D D D D D D D m D o = V = V = V = V = V = V = V = V = V = V = V = V lG A N O N O N O N O N O N O N O N O N O N O N O N O N 0 N Ul Ut Ul Ul Ul N Ul Ul Ul Ul Ul Ul U7 (A Ul `G A,<A K A K A K A,gA K A = V K A = V = V K A K A (J, Vl O o O (n O (A O w O (n O 0 O O 0 (A O O O O 0 w O w O O Z z z Z Z z Z Z z z z Z z z Z z z Z z Z Z z Z Z z Z Z D D D D D D D D D D D D D D D D D D D D D D D D D D D = V = V = V = V = V = V = V = V = V = V = V `G AK A N O DOO DOOONODOD O O ro OyyNN Ul Ul ()I Ul (A D Cn C( `G A 'G A K A `G Al� A K A `G A = V K A = V = V K A `G A (J, (/7 0 y 0 y 0 0 0 W 0 (n 0 0 0 0 0 (A 0 O 0 O 0 0 0 0 0 O O 0 O O O aD O W O W O C W D O w N O N O Q m O O 0 N z 0 O m m M = v= v v= 0 0 v= N v= N v -jm CO U' y m r Ln N N Z � Ul CA (A a T D v C o 0 o D o al o cn o O r- 0 T W p_ U)m c 70 n O m a (n(rcn M Cl) D D D D D D D m m D Co. m m m � � �n T W N z w m m m W = W = W = v = v Ul O 0 0 0 0 0 A 0 0 0 0 O D (nI N m 00 m D D n m CD n z z z z z z z z z z z z O 0 O D 0 O O 0 O 0 O C O D O D O D O N O 0 N O Q m O Z N z 0 O m m M = v= v v= 0 0 v= N v= N v -jm CO U' y m r Ln N N Z � Ul CA (A a T D C o 0 o D o al o cn o O r- 0 T W p_ U)m c 70 n O m a (n(rcn M Cl) D D D D D D D m m D oo m m m � � �n T W N z i o 0 N N 2 m K m D v COC O D N v z G) mm M ` m r pr c ^D m K m m Z 90 -1 D 0 r m O v m m m r O n y m z 0 D r _D m W W C r v z Z z Z z Z z z z Z z z z z W m D D D D D D D D D D D D D D D m 0 CD 0 o m z O D O D O D O N O 0 N O N O Z v W 0 0 r N 0 N 0 N 0 N 0 N z Z � m C o 0 o D o al o cn o O N 0 W p_ U)m c 70 m a m K m m Z z T W O z Z z Z z Z z z z Z z z z z W m D D D D D D D D D D D D D D D m z N O v W 0 0 0 N 0 N 0 N 0 N 0 N y CII C a m m Z O m m = V = V = V = v = v Ul W 0 0 0 0 0 0 0 0 0 0 O a (nI U) F - 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URBELIS E-MAIL: gu@uf-law.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 November 18, 2005 North Andover Zoning Board of Appeals North Andover Town Offices 400 Osgood Street North Andover, MA 01845 RE: COMPREHENSIVE PERMITS Dear Members of the Board: Andover Office Telephone 978475-4552 Enclosed please find a copy of Local 40B Review and Decision Guidelines prepared by the Massachusetts Housing Partnership. Please call if you have any questions. Very truly yours, 1-61"O.0 4'11J�Pdq� Thomas+iY. Urbelis TJU:kmp Enclosure cc: Board of Selectmen (w/enc) Mark Rees (w/enc) Gerald S. Brown (w/enc) Curt Bellavance (w/enc) Lincoln Daley (w/enc) DECEIVED NOV 2 9 2005 BUILDING DEPT• w:\v,p51\wcrk\n-:mdovc\correspFroning board Itrldoc J Local 40B. Review and Decision. Guidelines A Practical Guide for Zoning Boards of Appeal Reviewing Applications for Comprehensive Permits Pursuant to MGL Chapter 40,B Massachusetts Housing Partnership and Edith M. Netter, Esq. November 2005 FOREWORD The Comprehensive Permit Law (Chapter. 40B. of die Massachusetts General Laws) creates a streamlined local review process for the construction of low- and moderate -income housing in Massachusetts. ``While Chapter 40B has been one of the single greatest contributors to the supply of affordable hous- ing in the Commonwealth, it is also a complex, process and poses a challenge to city and town officials who are 'trying in good faith to balance local concerns with their responsibilities under the law. These guidelines were developed by the Massachusetts Housing Paruiership to provide clearer guidance to zoning boards of appeal in reviewing applications for comprehensive permits. As the four Massachusetts state agencies that finance affordable housing developed through Chapter 40B; we endorse these guidelines and strongly recommend that city and town officials utilize them to assist in their review of Chapter 40B proposals. While the guidelines are intended primarily for new projects seeking a determi- nation of project eligibility, we also anticipate that the guidelines will prove useful iai many cases For projects currently under review. G(�W Jane Wallis Gunible, Director Department of Housing and Community Development Clark L. Ziegler Executive Director Massachusetts Housing Partnership u . � "'�� ay Houslrt=�bifKenl�lp' Thomas R. Gleason Executive Director MassHousing Robert L. Culver President & CEO MassD evelopment 0.0 101 h NBASSHC3USING N/WsDEVELOPMENT . e 4 . TABLE OF CONTENTS 1. INTRODUCTION Whatis Chapter 40B? ..................................................................1 What is the Purpose of these Guidelines? ............... ............................... 2 II. LOCAL 40B REVIEW GUIDELINES A. Community Plans................................................................'..3 B. Roles and Responsibilities............................................................ 3 C. Peer-Review...............:.....................................................6 Deciding Whether to Employ Staff and/or Consultants ...................................... 6 Targeting Key Issues and Timing the Peer Re-,iew Process .................................... 6 Staging the Engineering Review Process......:.... ....................................... 6 Ensuring Payment of Consultants...................................................... 7 D. Pro Forma Review....................................:............................7 Related -Party Transactions........................................................... 9 Sales Price/Rent of Market -rate Units .................................................. 9 Land Acquisition Costs...............................................................9 Profits...........................................................................9 E. Engage in Negotiations.............................................................10 Encourage the Applicant to Modify the Project ........................................... 10 Identify a Preliminary List of Conditions for Approval ...................................... 10 Consider Work Sessions to Clarify Technical Differences ..................................... 11 E ZBA Renders a Final Decision....................................................... 11 APPENDIX: STANDARDS FOR DETERMINING WHETHER PERMIT CONDITIONS MAKE A 40B DEVELOPMENT UNECONOMIC A. STANDARDS APPLICABLE TO ALL DEVELOPMENTS Determining Land Value............................................................ 13 Unit Construction Costs............................................................ 14 Hard Cost Contingency ............................................................14 Soft Cost Contingency.............................................................14 Site Development Costs ......................... . .................... I ............. 14 Identities -of -Interest Construction Managers or General Contractors ........................... 15 General.........................................................................15 Resolution of Disputed Costs ........................................................ 15 B. STANDARDS APPLICABLE TO FOR -SALE DEVELOPMENTS ONLY Developer Overhead...............................................................16 Commissions _ Market Units ........................................................ 16 Marketing/Lottery Costs - Affordable Units .............................................. 16 Project Revenues..................................................................16 Uneconomic Standard ................... .......................................17 C. STANDARDS APPLICABLE TO RENTAL DEVELOPMENTS ONLY Developer Overhead and Fee .......................................................... 18 Project Revenues...................................I. ...........................18 Uneconomic Standard..................................:..........:'................:19 1, INTRODUCTION To facilitate the development of low- and moderate=income housing throughout the Conunonwealth, Chapter 40B provides a permitting process that is more streamlined than the permitting process for other housing development. Changing regulations and case law over the years have created some uncertainty about how local officials may best respond to applications for comprehensive permits. The objective of these guidelines is to provide balanced advice to local officials to help make sound local permitting deci- sions pursuant to Chapter 40B. What is Chapter 40B? Chapter 46B (also known as the Comprehensive permit Law) is a state law that encourages the develop- ment of low- and moderate -income housing in several ways. First, it provides for the streamlining and consolidation of the local permitting process through the vehicle of comprehensive permits. Second, it allows for appeals from local comprehensive permit decisions by developers of mixed -income housing. Third and perhaps most important, it encourages the provision of affordable housing, which typically is accomplished by developers building more housing units per acre than allowed by local regulations. Chapter 40B provides that the local zoning boards of appeals (ZBA) must review and make decisions (approve, approve with conditions or deny) on comprehensive permits. The Housing Appeals Committee (HAC) hears appeals from denials and conditional approvals of comprehensive permits in communities that have less than ten percent of their housing affordable to low- and moderate -income households. The pur- pose of HAC is to ensure that local comprehensive permit decisions are carrying out the Act's mandate to promote affordable housing without violating the planning goals of local governments. Critical to an understanding of the comprehensive permit process is the ten percent standard. Chapter 40B encourages communities to have ten percent of their housing available to low and moderate -income households. Communities that do not meet this standard face a heavy burden of demonstrating to HAC why they are denying or conditionally approving a comprehensive permit with conditions the developer considers uneconomic. Communities with more than ten percent of its housing affordable may still accept and grant applications for comprehensive permits, but those permit decisions may not be appealed to the HAC. When a ZBA denies a comprehensive permit, the sole issue before HA.0 `is whether the decision was consistent with local needs. Consistent with local needs means balancing the regional need for affordable housing with local public health, safety and welfare concerns. HAC regulations establish high thresholds to establish consistency with local needs, including the degree to which the health and safety of occupants or town residents is imperiled, the natural environment is endangered, the design of the site and the proposed housing is seriously deficient, open spaces are critically needed, and the local requirements and regulations bear a direct and substantial relationship to the protection of [health and safety, design and open spaces]. 760 C.M.R. §31.07(2) (b). There are times when a project cannot be conditioned to ensure that the health and safety is not imperiled or the environment is not endangered. In these instances HAC will uphold a local denial of a proposed project. NOVEMBER 2005 1 1 . 8 V . If a ZBA approves a permit with conditions the developer considers onerous, the developer's appeal focuses on two questions (a) whether the conditions are uneconomic and (b) whether the conditions are consistent with local needs. The developer beats the burden of proving that the conditions are uneconom- ic. If the developer can prove that the conditions are uneconomic the community then has to demonstrate that its conditions are consistent with local needs. What is the Purpose of these Guidelines? Under Chapter 40B zoning boards of appeal in each city and town are responsible for conducting hear- ings and making decisions on proposals to construct affordable housing. In towns which have less than ten percent of their housing counted as affordable by the Department of Housing and Community Development, applicants for comprehensive permits may appeal these decisions to HAC. HAC has published Guidelines for Local Review of Comprehensive Permits, which can be found at http://`www.massgov/dhcd/components/hac/GUIDE.HTM. While the RAC guidelines provide clarity on many aspects of the local 40B review process, the new guidelines presented below are also intended to address issues that have arisen since, 1999 when financing from the New England Fund of the Federal Home Loan Bank of Boston (NEF) was deemed by HAC to qualify as a federal subsidy and make devel- opments eligible for comprehensive permits. That decision has changed the manner in which most cities and towns review applications for comprehensive permits. Most significantly, communities began to review project pro formas in order to determine whether projects were financially feasible. ween k of ider ojects to In 2002 HAC revised its regulations to require that all 40B applications, including NEF applications, must have a project eligibility letter issued by a federal or state subsidizing agency or program administrator. MassHousing is the program administrator for the NEF program. The regulations require that the subsidiz- ing agency or program administrator determine whether the project is financially feasible. In light of the changes to Chapter 40B in practice and regulation, the guidelines outlined beew attempt to assist communities in reviewing comprehensive permit projects in a way that maximizes the opportunity for a successful outcome. A successful outcome could mean a project approval or in appropri- ate instances, a denial. These guidelines suggest that a negotiated outcome will, in most cases, garner the best result for a community. While these Guidelines are written from a local perspective, developers should also use them as a guide to preparing for and seeking approval of permits. In those communities that have an affordable housing plan, developers are more likely to meet with community approval if they propose projects that comply with the plan (see PRINCIPLE #1 on page 3). It is in this context that these guidelines focus on those aspects of Chapter 40B review that are most contentious and/or unclear. These include the roles and responsibilities of local boards, the importance of identifying key issues early in the process, focusing peer review on these key issues, the use of work sessions when conducting negotiations, and pro forma review These guidelines do not cover all aspects of the ZBA process and are no substitute for obtaining legal advice as needed from a city solicitor or town counsel. i NnVFMRFR 2nO.5 11, LOCAL 40B REVIEW .GUIDELINES A. Community flans PRINCIPLE #1: Communities should adopt and implement a local affordable housing pian to guide developers, the zoning board of appeals and HAC. The purpose of Chapter 40B is to enable the construction of affordable housing where it is needed and could not otherwise be built. One of the best ways to preserve local control is to develop, adopt and implement a local affordable housing plan. A local affordable housing plan typically identifies housing needs and describes ways to meet these needs. These plans may suggest areas suitable for mixed -income. and/or affordable housing (including apartments and townhouses), town -owned land that might be used for housing, zoning bylaw changes to promote affordable housing and other strategies and techniques to achieve a community's affordable hous- ing goals. There are several ways a local housing plan will help a city or town better manage the comprehensive permit process. First and foremost is a new state initiative known as planned production. Communities have an opportunity to submit an affordable housing plan to the state Department of Housing and Community Development (DHCD) outlining specific measures they plan to take to achieve the 10 per- cent affordable housing goal in Chapter 40B. Each year that a city or town with an approved housing plan has added affordable housing units equal to 3/4 of one percent of the community's housing stock, that community is deemed to be certified. Any ZBA decision made on an application during the year follow- ing the certification cannot be appealed to the HAC by the developer.The Planned Producti m regulation guidelines can be found at 760 CMR 31.07(1)(i) and the DHCD Guidelines for these regulations can be found at: www.massgov/dhcd/ToolKit/PProd/RegGaide.pdf. Adoption of a comprehensive or master plan with a strong housing component may help communi- ties navigate the Chapter 40B process even if their plan is not a DHCD-approved Planned Production plan. For example, HAC has given legal weight to community plans that are legitimately adopted and serve as viable planning tools, when deciding whether to uphold ZBA denials of comprehensive permits. For a recent example of a HAC decision upholding a ZBA's denial of a comprehensive permit on the basis of a community plan see Stuborn Ltd. Partnership v. Barnstable Board of Appeals, No. 98-01 (September 18, 2002). B. Roles and Responsibilities PRINCIPLE #2: The board of selectmen, mayor or other chief elected official should provide detailed, factual and focused comments to the state housing agency responsible for issuing a project.eligibility letter. Any comprehensive permit application must include evidence that the applicant and the :project are qualified to obtain a permit. This takes the form ofa project eligibility letter (also known as a site approval NOVEMBER 2005 • 3 letter) typically issued by one of four state subsidizing agencies: MassHousing, DHCD, the Massachusetts Housing Partnership and MassDevelopment. This letter signifies that the proposed site is generally suitable for the type of housing proposed, that the project is eligible for public subsidy program that is needed to qualify for a comprehensive permit, and that the project appears to be financially feasible. Before issuing a project eligibility letter, the subsidizing agency must allow 30 days for the chief elect- ed official (typically the Board of Selectmen or Mayor) to review and provide written comments on the developer's initial proposal. This process is set forth in the HAC's regulations, which can be found at www.mass.gov/dhcd/requiations/76003 I.HTM. Before submitting written comments on the community's behalf, the Selectmen or other chief elected official should consider soliciting comments from relevant local boards, staff and the public. This is the one opportunity where a city or town's elected leaders play a formal role in the comprehensive permit process. All subsequent decisions relating to the permit application are within the sole purview of the ZBA. If the community's comments are detailed, factual and focused, they are more likely to affect the subsidizing agency's decision on whether and under what conditions to issue a project eligibility letter. To be effective, the chief elected official's comments should be limited to legitimate municipal plan- ning and public health and safety concerns. Examples of constructive comments might include the rela- tionship between the proposed 40B development and the local affordable housing plan, existing infrastructure (roads, water, sewer), the environment (such as traffic, storm water management, or ground- water quality), or suggestions on how the proposed site or building design might be modified to better fit into the surrounding neighborhood. It is not effective for communities to make comments that go beyond the scope of local review authority under 40B, for example, commenting that a 40B project is opposed by neighbors or would result in increased municipal service costs: None of these are valid legal reasons to condition or deny a comprehensive permit application and therefore the comments will have no effect on a state agency's decision to issue a project eligibility letter. ,tand'towns have appoint- %(fielask:of promoting he' nidal poirt of contact M,ii ..-, 59 uVatb V'itarticular city and rsirps ,aari a. the most value toper in en informal setting ty?;fo'nmalte suggestions to the i'saffordab16 housing goals a sed;'dunng formal review by >t uI submit written com- The ZBA should not get involved at this stage in the process. ZBA members serve as quasi judges and must reserve judgment until all of the evidence is presented at the public hearing on the comprehensive permit application. 4 0 NnVFMRFR 2on.9 I . . PRINCIPLE #3: At an early stage in the review. process, ZBAs should identify key con- cerns about the impacts of the proposed 40B development. The earlier the ZBA informs the developer of these concerns, the more likely the developer will be' willing and able to address them. Chapter 40B streamlines the local review process by providing developers with a one-stop local permit, known as a comprehensive permit. While other permitting decisions are made by various local boards charged with administering local bylaws, rules and regulations, Chapter 40B gives the ZBA the responsi- bility and the legal authority to render a single decision, after taking into account comments made by other relevant local boards. MHP offers assistance with the local review process, by providing grants to ZBAs to hire consultants to assist them with reviewing comprehensive permit projects. These consultants work on the ZBA's behalf, they do not work for MHP. tate a1 Chapter 40B requires that the ZBA commence a public hearing within 30 days of the date the developer submits an application for a comprehensive permit.The ZBA should then solicit written comments from all relevant local boards, determine whether the application is complete, and advise the applicant if addi- tional information is needed to make an informed decision. Early in the public hearing process and in addition to submitting written comments, local boards and committees should consider attending one or more hearings and offering comments on the proposed application. The more participation from local boards, the more informed the ZBA's decision is likely to be. ZBAs should begin the hearing process by asking the applicant to present the proposed development to the board and the public and solicit public comment on the proposal. After the completion of this initial work, the ZBA should identify, at least on a preliminary basis, the key issues which need further consideration. The sooner key issues are raised, the more quickly the developer has a chance to respond to them. This is particularly true if a ZBA would like to see the project redesigned. Without a developer's agreement, a project will not be redesigned. On appeal, HAC will not uphold conditions requiring project redesign. HAC will only consider the project before it, not a project as envisioned by a ZBA. On the other hand, if a ZBA raises design issues at an early stage in the process, a developer and the board may reach agreement on a new site plan. In general, as plans become more, detailed, it becomes less likely that a developer will revise them. It is too expensive and time-consuming for a developer to do so. NOVEMBER 2005 9 5 C. Peer -Review PRINCIPLE #4: ZBAs should carefully manage the timing and scope of peer review in order to maximize its usefulness. The second phase in the ZBA review process involves' technical review, which is usually done by consult- ants (or peers), and therefore usually called peer review. -This review can include civil engineering (typically storm and waste water, and proposed waivers from local bylaws), traffic (including on-site vehicular and pedestrian circulation and off site traffic impacts and potential mitigation), environmental (typically wetlands) and design review of buildings (elevations, floor plans, consistency between affordable and market -rate units) or site design. Deciding Whether to Employ Staff and/or Consultants If a town does not have staff or town staff does not have the time or the expertise to review a particular 40B project, the ZBA may hire peer review consultants (with fees to be paid by the developer). A ZBA may enact its own rules for hiring peer review consultants. If a ZBA does not have rules, it must follow the 40B Model Rules and MGL C. 44553G. Peer review should focus on those issues the ZBA believes are important, which may include: civil engineering and if warranted, traffic and site and/or architectural design, or other local issues. It is critical that a ZBA, when hiring a consultant, instruct that consultant to stay within the purview of his or her expertise. For example, a consulting engineer should not be asked to determine whether the ZBA has jurisdiction to review an application. The best way to ensure that the consultant does the job that is required is to ask for or draft, and if necessary modify, a proposed scope of services. If the town has staff, it is advisable that the ZBA ask the consulting reviewer to take staff connneriz into account. In the event this is not done, the ZBA is left with the difficult situation of deciding which opinion to consider - not a good situation for a board member who might not have the technical expertise to make an informed decision. Targeting Key Issues and Timing the Peer Review Process _ Peer review that focuses on the issues identified by the ZBA as key is more likely to have a positive out- come. Peer review paid for by the developer is limited to review of studies provided by the developer. Of course, this does not preclude the study of additional issues identified by staff or other consultants not paid for by the developer. Peer review should be conducted in stages. The first should include technical issues such as engineering, traffic and design -The second should include pro forma review if the ZBA deter- mines such review is necessary. Staging the Engineering Review Process The ZBA should not impose unreasonable or unnecessary time or cost burdens on an applicant. Increased development costs mean less opportunity for the developer to make project changes that increase commu- nity benefits or mitigate project impacts. 6 • NnVFMRFR 2005 The ZBA should use especially careful judgment with respect to the timing of engineering review, partic- ularly storm water and wastewater management. Thorough civil engineering is important, but it should not become the primary focus of the ZBA review process to the exclusion of other fundamental concerns.This is particularly true if the ZBA is seeking a change in the site plan and number and location of buildings. There are many positive examples of a developer and a ZBA reaching consensus on changes in site design and, as a result, the ZBA has issued a comprehensive permit on terms the developer can accept.Yet it is difficult or impossible to have those discussions if the ZBA has, already required the developer to com- plete detailed civil engineering (and pay for the ZBA's peer review of that work) based upon the original permit application. If there appears to be any reasonable likelihood that the developer will change the design of a project, the ZBA should hold off on detailed engineering review until the ZBA and the devel- oper have agreed upon project design. Ensuring Payment of Consultants It is critical for the ZBA to establish a scope of services and a fee for the consultant and for the developer to place the required sum in an escrow account, to be paid by the ZBA to the consultant upon receipt of an invoice. The ZBA should not ask the consultant to commence work until the developer has provided the necessary funds. A ZBA should indicate to an applicant that a delay in funding this account means a delay in the peer review process. This protects the ZBA chair from having to assume the role of a collec- tion agent. ZBAs should not ask the developer for an amount of money that has no relationship to actual fee pro- posals made by the peer review consultant or consultants. The process works better if there is a scope of services and a fee for proposed work, which the ZBA requires an applicant to advance. D. Pro Forma Review PRINCIPLE #5: If a ZBA decides that pro forma review is appropriate, it should be done after the ZBA has proposed conditions on a permit and the applicant indicates that the conditions would make the project uneconomic. If a ZBA conducts a pro forma review it should do so only after other peer review has been completed, the developer has had an opportunity to modify its original proposal to address issues raised, the ZBA has had an opportunity to propose conditions to mitigate the project's impacts, and the developer does. not agree to the proposed conditions and indicates they would render the project uneconomic. It makes no sense to evaluate the pro forma before the ZBA has had an opportunity to indicate its concerns and the developer has a chance to respond to them. Usually the developer will at the very least make some changes to the project. Evaluating a pro forma that does not reflect these changes is. an unnecessary exer- cise.There is no reason to critically evaluate a pro forma at all if the developer has agreed to accept most or all of the ZBA's proposed conditions. If the developer does not agree to some or all of the proposed conditions, the ZBA may ask the devel- oper to submit a pro forma revised to reflect the additional cost of meeting these conditions. The revised NOVEMBER 2005 • 7 . 1 1 pro forma may then be subjected to the same peer review as any other technical information subinitted to the board. The ZBA may then use this information to decide whether to adopt or modify its originally proposed conditions. Some communities request peer review of pro formas in order to see whether a project will still be economic if the number of dwelling units is reduced.This position is not supported by HAC or court decisions. A condition that limits density must be supported by other rationales, such as serious planning or design deficiencies or environmental impacts that directly result from the size of a project on a .particu- lar site. If the ZBA grants a permit, but arbitrarily reduces the size of the proposal, it is likely that the HAC will consider the decision a denial. PRINCIPLE # 6: Pro forma analysis of developer -requested waivers from local bylaws is not necessary unless the developer argues that a denial of a waiver makes the project uneconomic. Chapter 40B allows developers to request and ZBAs to grant waivers from local bylaws. Zoning waivers are from the "as -of -right" requirements of the zoning district where the site is located. They are not from the special permit requirements of the district or from other districts where multi -family uses are permit- ted by right or by special permit. If a project does not propose a subdivision, waivers from subdivision requirements are not required (although some ZBAs look to subdivision standards, such as requirements for road construction, as a basis for required project conditions). Other typical requested waivers are from a community's general (non -zoning) bylaws, including wetland bylaws and board of health rules. ZBAs should not consider waiver requests until it is clear that the project plan is either agreed upon or the developer has informed the ZBA that he or she will not agree to changes sought by the ZBA and the plan is therefore final for purposes of comprehensive permit review This is the stage in the review process where the community should consider whether to grant or deny a request for waivers. The waiver request is now final, so the ZBA is not wasting its time and resources. Once a ZBA and a developer agree on a proposed plan, the ZBA should grant those waivers that are necessary to build the project in accordance with the plan. For example, if the agreed -to plan indicates a 10' reduction in required side yard set backs, the ZBA should grant the side yard setback waiver necessary to ensure that the plan can be built (as opposed to a blanket waiver from the side yard setback require- ments). There is no need to ask the developer to list the financial impact of a denial of a requested waiver or for the ZBA to request a peer review of its financial impact. If the developer and the ZBA cannot agree upon a plan, the ZBA review of waivers should be in light of a plan that it would find acceptable (assuming there is such a plan.) Once again, the specific waivers necessary to build the plan should be granted. PRINCIPLE #7: Pro forma review should conform to recognized real estate and affordable housing industry standards. R 8 NnVFMRFR 2005 . , 1 If ZBA review of a development pro forma becomes necessary.it should always be consistent with the policies of the subsidizing agency and with prevailing industry. standards as set forth in the Appendix to these guidelines. The disagreements about pro formas that arise most frequently involve related -party transactions (e.g., where the developer is also the general contractor or marketing agent) and the ZBA believes that the developer is charging too much, the estimated sales price of market -rate units (where the ZBA believes the revenue from sales or rentals is undervalued), land acquisition costs (where the ZBA believes the pur- chase price exceeds fair market value) and profits (where the ZBA believe the profits are excessive). After referring to the standards listed in the Appendix and using them as a basis for agreement, if no agreement is forthcoming, then for those items for which the developer and the town's peer review con- sultant disagree and the variances are larger than 10%, the parties should hire a neutral financial consultant to resolve the dispute by choosing between the high and the low estimates. This approach serves to encourage the developer and the peer review consultant to make realistic estimates in the first place. The . town and the developer should use the midpoint for items with variances of less than 10 percent. The following are the issues that arise most frequently, each of which is addressed in more detail in the Appendix: Related -Party Transactions The issue raised in the context of related -party transactions is whether the developer is paying fees for services by related parties that exceed what would be charged on an arm's length basis in the ordinary course of business. Sales Price/Rent of Market -rate Units 'A community may believe the prices or rents of the market -rate units that the developers shows in the pro forma are too low and do not reflect market conditions. Land Acquisition Costs An issue often highlighted is the land value line item in the pro forma. The basic rule for valuing land is addressed in the Appendix to these guidelines. The value should relate directly. to the as -is value of the site under current zoning and should not be artificially inflated as a result of the extra value provided by a comprehensive permit or a non -arm's length conveyance between related parties. Profits It is the responsibility of the federal or state housing agency that issues the project eligibility letter and conducts the final subsidizing agency review of a 40B project — not the responsibility of the ZBA — to establish and enforce reasonable limitations on the developer's profit. In the case of housing developed for sale, that profit limitation is enforced through a final cost certification after the units have been built and sold. In the case of rental housing, it is enforced both through .cost certification and through a regulatory agreement that limits annual dividends paid to investors. If the ZBA examines line items, it must apply the subsidizing agency's standards in determining whether permit conditions would render a project economi- cally infeasible. NOVEMBER 2005 • 9 E. Engage in Negotiations PRINCIPLE #8: Negotiating density, design and conditions can lead to successful outcomes Encourage the Applicant to Modify the Project Any developer who applies for a comprehensive permit is entitled to a public hearing and decision by the ZBA on the merits of the project as originally proposed. The developer is under no legal obligation to modify or redesign the project in response to community concerns. However, the 40B process works best where projects are not cast in stone and a developer is willing to modify the project in order to address community priorities and mitigate negative impacts. It is quite typical for an applicant to modify a project to address technical concerns that arise during engineering review (e.g., changing the location of buildings to improve storm water management). Many 40B developers also find it in. their best interest to redesign a project in response to concerns or constructive suggestions raised by the ZBA. Under 40B anything that is reasonably related to the project and its impacts is negotiable. Subjects for negotiation include density, unit and site design, housing type, amount and location of open space and recreational facilities, and landscaping. When ZBAs negotiate density they should first consider whether good building and site design might be at least as important as the number of units in. a project. Infrastructure concerns such as roads, storm and wastewater systems and water delivery and supply are often also negotiated. Communities also negotiate for additional affordable units, prices of the affordable units and contributions for affordable housing plans. Identify a Preliminary List of Conditions for Approval Most health and safety-related project impacts can be mitigated by. cotiditions. It makes sense, therefore, for the ZBA to suggest permit conditions for consideration by the developer. The most effective and cost-effi- cient approach is to negotiate with the developer to see whether agreement on the proposed conditions can be reached. Agreement on conditions gives the community, not the HAC or the courts, the final word on the proposed development. The ZBA should submit a preliminary list of.conditions to a developer at an open public hearing. While the applicant is not under any legal obligation to respond to this list of conditions, it is almost certainly. in his or her best interest to do so. If agreement is not reached, it is important to ensure that the ZBA's conditions can be supported by technical and/or planning analysis and that detailed, factual findings for the conditions are listed in the decision. Findings for conditions imposing density limits that have not been agreed upon are of critical legal importance. In Settlers Landing Realty Trust v. Barnstable Board of Appeals, No. 01-08 (Sept. 22, 2003) the HAC ruled that an arbitrary reduction in density could be tantamount to a denial. HAC has determined that there must be a "sufficient logical connection" drawn in the decision between the findings and the reduction in the number of dwelling units. In a HAC appeal from a conditional approval, a developer has the burden of proving that a condition is uneconomic. If the developer cannot meet this burden HAC will usually uphold the condition. If a devel- oper can meet this burden, the ZBA then must demonstrate that the condition is consistent with local needs. When determining whether a decision is consistent with local needs, the HAC balances the region- al need for affordable housing with the degree to which the health and safety is imperiled, the natural in 0 NnVFMRFR 2005 environment is endangered, the design of the site and the proposed housing is seriouslydeficient, open spaces are critically needed and whether the local requirements, and regulations bear a direct and substan- tial relationship to the protection of [health and safety, design and open spaces]. 760 C.M.R. §31.07(2)(b). ZBA conditions that are in direct conflict with requiremerits of the subsidizing agency are unlikely to be upheld upon appeal. In a HAC appeal from a denial (including cases where HAC determines based on particular facts and circumstances that a conditional approval is tantamount to a denial), the town has the burden of proving that its decision is consistent with local needs.This is a difficult burden to meet. Consider Work Sessions to Clarify Technical Differences density, ach used veement some redesign The ZBAs must conduct all hearings and deliberations on 40B applications in public.This does not neces- sarily preclude informal discussions outside of the public hearing. Many cities and towns find that these work sessions offer a constructive approach to achieving successful outcomes. If a ZBA chooses to conduct work sessions, no more than one ZBA member should participate and should be accompanied by a consultant with expertise in Chapter 40B (available at no cost through the Massachusetts Housing Partnership) and/or by counsel. It is also helpful to include the town planner (if your community has a planner) and other relevant municipal staff and/or representatives of other city/town boards in the work sessions. Work sessions should be limited to discussions concerning technical issues such as those concerning engineering, traffic and financial review. The participants may discuss site or building design alternatives so long as they don't negotiate project redesign. The ZBA member that participates in a work session should report on the discussions at a public hearing. Some attorneys state that these meetings, even if only one ZBA member participates, must be posted as open meetings. Lawyers generally agree that if more than one ZBA member participates, notice of the meeting should be published and the meeting should be conducted in public. Ultimately each city or town needs to determine how its own process will be conducted. Will any dis- cussions be conducted in closed meetings, or will everything occur in a public forum? The ultimate arbiter of this decision is the town counsel or city solicitor, who often will seek advice from the county's district attorney. F. ZBA Renders a Final Decision PRINCIPLE 9: If the applicant does not agree to all of the ZBA's preliminary conditions, reconsider whether the disputed conditions are necessary and then render a final decision that is likely to be upheld. NOVEMBER 2005 1 11 . e 4, Unless the ZBA and developer are in agreement, the ZBA must make a judgment call that balances the added value of each disputed permit condition with the added risks that the developer will appeal and the ZBA's decision will be overturned. Once the ZBA has issued its decision, the developer must then decide whether to incur the additional time and expense of taking an appeal to HAC. If the ZBA has done its homework and followed these guidelines its decision is likely to be upheld upon appeal. :ome more greater over what PRINCIPLE 10: Do not deny a comprehensive permit application unless (A) state regulations explicitly authorize this, or (B) there are health and safety impacts that cannot be mitigated by conditions Chapter 40B allows the ZBA to deny an application for a comprehensive permit if a city or town can demonstrate that more than 10 percent of its housing stock is subsidized low- or moderate -income hous- ing or if such housing has been built on more than 1-1/2 percent of the community's developable land area or if the application before the ZBA would result in the commencement in any one calendar year of construction of such housing on sites equaling three tenths of one percent (0.3%) of the total land area. Unless there is a factual disagreement about whether these requirements have been met, these denials will be upheld by HAC. Recent HAC regulations outline several other circumstances where communities may deny compre- hensive permit applications without any significant risk of being overturned: • When the project exceeds a maximum size (ranging from 150 units in small communities to 300 units in larger ones). • Where the Department of Housing and Community Development ihas approved a community's affordable housing production plan and has certified that the conununity has approved low- and moderate -income units during the previous 12 months totaling at least 0.75% of the communi- ty's housing stock pursuant to that plan. • During a 12 -month cooling off period after a development proposal that does not include affordable housing has been made on the same site. Outside of these carefully delineated safe harbors there are veryfew circumstances under which ZBA denials of comprehensive permits have been upheld. As a general matter, a denial will not be upheld on appeal if a comprehensive permit could have been granted with conditions adequate to protect public health, safety and welfare. 12 • NnvFMRFR 2005 APPENDIX: STANDARDS FOR DETERMINING WHETHER PERMIT CONDITIONS MADE A 40B DEVELOPMENT UNECONOMIC As noted in the Local 40B Review and Decision Guidelines, it is not always necessary or appropriate for a zoning board of appeals to review the financial pro forma for a proposed 406 development. In situations where a pro forma review does become necessary, the following standards should be applied. A. STANDARDS APPLICABLE TO ALL DEVELOPMENTS Determining Land Value The allowable acquisition value of a site for purposes of Chapter 40B is the fair market value of the site excluding any value relating to the possible issuance of a comprehensive permit (the As -is Market Value) at the time of submission of the request fora project eligibility letter plus reasonable and verifiable carrying costs (Reasonable Carrying Costs) from that date forward. Reasonable Carrying Costs may not exceed 20% of the As -Is Market Value of the site unless the carrying period exceeds 24 months from the date of application for a project eligibility letter. This carrying period shall terminate on the date that the documents for the Construction Loan are signed or when actual construction commences, whichever is sooner. Applicants must at all times, after issuance of the project eligibility letter, use diligent efforts in pursuing the development. If the applicant has site control through an option or purchase and sale agreement, Reasonable Carrying Costs may include (but are not necessarily limited to) non-refundable option fees and extension fees paid to the seller in addition to the purchase price. If the applicant owns the property, Reasonable Carrying Costs may include (but are not necessarily limited to) property taxes, property insurance, and interest payments on acquisition financing. All Reasonable Carrying Costs must be documented by the submission of independent, verifiable materials (such as cancelled checks, real estate tax bills, etc.). With the adoption of a uniform, appraisal -based Land Acquisition Value Policy (the "Uniform Land Value Policy") by all issuers of project eligibility letters, it becomes unnecessary and duplicative for the ZBA to com- mission an appraisal of its own. Under the Uniform Land Value Policy any appraisal under Chapter 4013, while paid for by the applicant, shall.be commissioned by (and name as the client) the agency reviewing the appli- cation for a project eligibility letter. These agencies shall maintain a list of approved appraisers and may aug- ment, reduce or alter the list of approved appraisers as they deem necessary or appropriate. All approved appraisers shall be, at a minimum, a General Real Estate Appraiser certified by the Commonwealth of Massachusetts and shall submit Self -Contained Appraisal Reports to the subsidizing agencies in accordance with the Uniform Standards of Professional Appraisal Practice (OSPAP). In order for any appraisal to be deemed valid, it must have be reviewed and accepted by the agency issuing the site approval letter. A reasonable rate of return on a proposed development must be determined from the As -Is Market Value of the site even. though the amount paid for the site may be more or less than the As -Is Market Value. This approach is consistent with how the subsidizing agency will require the site to be valued in the calculation of total development costs set forth in the final cost certification of the project. NOVEMBER 2005 9 13 EXCEPTION FOR SMALL PROJECTS WITH COMMUNITY SUPPORT: Upon written request of the chief elected official, the subsidizing agency may waive the appraisal requirement for proposed develop- ments of 20 units or less where the applicant submits satisfactory evidence (such as a local tax assessment, limited appraisal, or opinion of value from a licensed real estate broker) that reasonably supports the acquisi- tion cost. The purpose of such a waiver is to relieve the cost burden for smaller developments that are spon- sored or supported by the local community where the reasonableness of the acquisition cost is not at issue. As is the case in all 40B developments a completeappraisal using the methodology described above will be conducted in conjunction with the closing of the financing on each of these small projects and will also be required at cost certification. Unit Construction Costs Hard construction costs should be carried on a square foot basis (including the contractor's general require- ments', general overhead, profit and bond). Outline specifications for the units (including any proposed dif- ferences between market and affordable units) should be provided, if requested, to support the cost estimate. Additional costs for common areas, facilities and equipment should be provided with sufficient quantity and unit cost information for a general review. Hard Cost Contingency A contingency factor applied to the estimate of hard construction costs (including site development costs but excluding acquisitions costs) should not exceed 5% for new construction and 10% for rehabilitation. Soft Cost Contingency A contingency factor applied to all projected soft costs (excluding real estate commissions on the sale of the units), should not exceed 5%, except for smaller developments where lenders may requirea higher percentage. Site Development Costs These costs are site specific and estimates tend to be more preliminary than other cost categories. Such costs should be broken out with quantities and unit prices provided, if applicable and reasonable, with estimates for the following categories: Roads (including utilities in the roads) On-site Septic system On-site water system Blasting allowance Rough grading//site preparation Landscaping Utility connections i As commonly used in construction accounting, builder's overhead is a portion of the costs incurred by the builder or general contractor to operate their business (such as office -and administrative expenses) that is not attributable to any one job. General requirements are project -specific expenses (such as on-site supervision, field offices, temporary utili- ties, and waste removal) that support the job as a whole rather than specific work items. Builder's profit is the difference between the total cost of construction (including builder's overhead and general requirements) and the amount paid to the builder/contractor. 14 0 NnVFMRFR 2005 F 5 , Identities -of -Interest Construction Managers or General Contractors Each developer must identify the existence of an identity of interest with any other party to the project. An identity of interest might, for example, be a developer who is also the general contractor. In projects where an identify of interest exists between the developer and the general contractor, the maximum allowable builder's profit and overhead and general requirements.should be calculated as follows: • Builder's profit — 6 percent of construction costs • Builder's overhead — 2 percent of construction costs • General requirements — 6 percent of construction costs If a developer or related entity makes a loan to the project, interest may only be recognized on developer con- tributions that exceed 20% of total development costs. Any such loans should be evidenced by a note or mortgage and receive interest no higher than the rate established by the primary construction lender on the project. General The pro forma presentation of projected development costs, sales revenues (if applicable), and developer profit should follow the format used by MassHousing in its application form for a project eligibility letter. Additional line items may be added, if necessary, such as marketing and lottery costs, development consult- ants, and developer's overhead. If there is an identity of interest not specifically addressed in this appendix, fees for services by related parties should not exceed amounts that would otherwise be paid for such services on an arm's length basis in the ordinary course of business. All of the line items in the pro forma, including construction cost, sales proceeds and rents, where appro- priate, should be estimated in current dollars at the time -of submission of the request for a Project. Eligibility Letter to -avoid speculation about future construction costs, sales prices, and/or rents. Resolution of Disputed Costs Real estate industry and affordable housing industry standards should be the basis for reviewing pro forma line items. Many of these standards are listed in this Appendix. After referring to the standards listed in the Appendix and using these as a basis for agreement and no agreement is forthcoming, then for those items for which the developer and the town's peer review consultant disagree and the variances are larger than 10%, the parties should hire a neutral financial consultant to resolve the dispute by choosing either the high or the low estimate. This approach serves to encourage the developer and the peer review consultant to make realis- tic estimates in the first place. The town and the developer should use the midpoint for items with variances of less than 10 percent. NOVEMBER 2005 • 15 0. 0 s. B. STANDARDS APPLICABLE TO FOR -SALE DEVELOPMENTS ONLY Developer Overhead Developer overhead reflects the expenses of the applicant administering and managing the project during the permitting, financing, construction, marketing and cost certification phases and is nota component of allow- able.developer fee/profit. The allowable developer overhead costs for cost certification purposes (without need of supporting documentation) should be as follows: TOTAL PROJECT SIZE ALLOWABLE DEVELOPER OVERHEAD Up to 4 units $20,000 (fixed amount) 5 - 20 units $4,000/unit for units 1-20 21 - 100 units $80,000 plus $2,000/unit for units 21-100 101 - 150 units $240,000 plus 1,000/unit for units -101-150 151+ Units $290,000 plus $500/unit for units above 150 Note: If overhead tasks typically performed by a developer are provided by development consultants or other third parties, the Development Overhead allowance should be reduced accordingly. Commissions Market Units Commissions on the sales of the market units should not exceed 6%. If there is an identity of interest between the development entity and the brokerage agency, the fee on the sales of the market units should not exceed 5%. All advertising costs must be included within the commissions. The cost of model homes may be treated as a separate marketing cost. Marketing/Lottery Costs - Affordable Units The maximum allowable fee, including lottery costs, should be the greater of $20,000 or 3% of the sum of actual affordable unit sales prices. Project Revenues A. AFFORDABLE UNITS The average target sales price of the affordable units should be established based on income limits published for the applicable Metropolitan Statistical Area by the U.S. Department of Housing and Urban Development (HUD). Unless otherwise required by the housing subsidy program, Maximum Qualifying Income should be set at 80% of area median income at the household size that corresponds to the number of bedrooms in the unit, as follows: 0 BR unit = 1 person household 1 BR unit = 2 person household 2 BR unit = 3 person household 3 BR unit = 4 person household 4 BR unit = 5 person household lEi • NOVFMRFR i()n5 The maximum household size allowed for age -restricted projects should be a 3 person household. Target sales prices for affordable units should be determined as follows: • Maximum monthly housing cost is 30% of the Maximum Qualifying Income divided by 12 months. • From that maximum monthly housing cost, deduct estimated real estate taxes, property insurance costs, realistic condo fees, mandated home owner association dues, and private mortgage insur- ance (PMI). The remainder is the monthly amount available to service a mortgage. • Divide that amount by applicable mortgage loan constant based on current mortgage loan interest rates plus 50 basis points (to allow for estimated fluctuations .before the time of sale) for a 30 -year term, fixed interest rate mortgage loan with 0 points and 0 closing costs. The quotient is the maximum supportable mortgage. • Divide the maximum supportable mortgage by .95 to arrive at target sales price (which allows for a maximum 5% down payment). B. MARKET UNITS Estimated sale prices by unit type should be supported by a market study which identifies recent sales prices of comparable units provided from an MLS listing or alternative. The market study should be conducted at the time of submission of the request for a Project Eligibility Letter. Uneconomic Standard A for -sale project should be considered uneconomic if the Return on Total Cost is less than 15% (i.e., if pro- jected sales proceeds exceed development costs by less than 15%). Developer overhead expenses and pay- ment for services rendered by the developer or related parties should only be included in total development costs to the extent allowed by these standards. Profit may be more variable for projects with public capital subsidies such as the federal HOME program. In those cases the projected profit should be consistent with other subsidized home ownership developments with similar characteristics that have already been permitted and built. This standard is appropriate for most, but not necessarily for all situations. If the ZBA or the 40B appli- cant proposes to apply an uneconomic standard outside the range of this standard, they should demonstrate that the alternative standard is reasonable, consistent with real estate industry norms, and has been used in practice for other developments with similar characteristics that have been successfully financed, built and sold. The sole purpose of the uneconomic standard is to help the ZBA assess whether proposed permit con- ditions are likely to be upheld on appeal. A developer may always choose to proceed with a 40B development that appears to be uneconomic if the subsidizing agency, in the normal course of its review and approval, finds that the developer has the capacity and the financial resources to successfully complete the project. Projected profits on for -sale developments are estimates, not actual results, and the minimum profit level needed to make a project economically feasible may change over time in response to changing market condi- tions. If a ZBA is acting in good faith and grants a permit with conditions that provide a reasonable rate of return, an experienced developer of for -sale housing is far more likely to accept that conditional permit than to assume the additional delays, costs and uncertainties associated with an appeal. NOVEMBER 2005 • 17 4. I 4. C. STANDARDS APPLICABLE TO RENTAL DEVELOPMENTS ONLY Developer Overhead and Fee Devel6per overhead and fees are necessary project expenses that should not be considered as a component of developer profit. Accordingly, an 8 percent allowance for developer fees and overhead should be included in the pro forma for purposes of estimating rates of return and determining whether a project is uneconomic. If developer fees and overhead in excess of 8 percent are allowed by the applicable subsidized housing pro- gram(s) they should not be included as a development cost when estimating the project's rate of return. Project Revenues A. AFFORDABLE UNITS Estimates of annual rental revenue should be based on the following methodology: The monthly rental rates for the affordable units, including normal utilities (heat, hot water, water, cooking fuel and electricity, or reasonable allowances for same) should be established such that the average rent should equal no more than 30% of gross income for a household earning 80% of Area Median Income, unless otherwise required by the housing subsidy program, based on the appropri- ate household size per number of bedrooms per unit, as outlined below: 0 BR unit = 1 person household 1 BR unit = 2 person household 2 BR unit = 3 person household 3 BR unit = 4 person household 4 BR unit = 5 person household B. MARKET UNITS Estimates of annual rental revenue for market -rate units should be supported by a recently completed market study of comparable developments within the market area of the proposed development. Such market study should be prepared by a qualified market analyst or appraiser. 18 0 NOVFMRFR 2nO.97 4« f T, Uneconomic Standard There are several methods used by real estate professionals to calculate estimated rates of return on rental housing developments. The simplest method of calculating expected return is known as Return on Total Cost (ROTC). The ROTC is the projected net operating income (N01) of the property in the first year of stabilized occupancy divided by its projected total development cost (TDC) calculated in accordance with these stan- dards. A more sophisticated method of calculating expected return is the Internal Rate of Return (IRR). The IRR incorporates all expected cash inflows and outflows over the expected life of the investment (acquisition and development costs, operating costs, rental income, and future sale) and generates a rate of return that may be compared to returns on stocks and bonds. An IRR analysis is particularly sensitive to assumptions about annual growth in net operating income, the year in which the property is assumed to be sold, and the future value of the property at the time of sale. A third methodology is Return on Equity (ROE), typically calculated as a "cash -on -cash" return. A cash - on -cash ROE is calculated by dividing projected cash flow after debt service in the first year of stabilized occupancy by the developer's total equity investment in the project. ROE is generally not an appropriate measure of return for purposes of Ch. 40B because ROE is highly sensitive to differences in project financing assumptions across projects, which makes valid comparisons difficult. What is a reasonable rate of return for 406 rental developments? In most situations, an ROTC analysis will allow a ZBA to make a reasonable and informed assessment of whether proposed permit conditions would render a 40B rental development uneconomic. A projected ROTC of at least 2-1/2 to 3-1/2 percent above the current yield on 10 -year Treasury notes is generally required to fairly compensate capital investors for the risks associated with permitting, construction, and operations. When the IRR approach is used, an expected IRR at least 6-1/2 percent above 10 -year Treasury rates is generally required to fairly compensate capital investors for the risks associated with permitting, construction, and operations. 2 Note on ROTC analysis: For purposes of this analysis the acquisition cost should be the As -Is Market Va!ue without the comprehensive permit in place and the value of anticipated public capital subsidies (Low Income Housing Tax Credits, HOME, etc.) should be deducted from total development cost. The projected development costs and projected operating income and expenses should otherwise be determined as set forth in these Guidelines. 3 Note on IRR analysis: Whenever an IRR analysis is used by the ZBA it should be an "unlevered" IRR based on the net cash flow available to pay lenders and investors after all project expenses have been met. For purposes of this analysis the acquisition cost should be the As -Is Market Value without the comprehensive permit in place. Anticipated public subsidies and subordinate loans (including future repayment obligations) should be included in the analysis. The projected develop- ment costs and projected operating income and expenses should be determined as set forth in these Guidelines. Annual growth in Net Operating Income (N01) should be no less than the imputed rate of inflation from long-term Treasury yields. A sale of the property should be assumed in year 10 at a residual value equal to the projected year 11 N01 divided by a current market-based cap rate minus 3% costs of sale. NOVEMBER 2005 • 19 I. t 06 Using either the ROTC or IRR approach, rates of return may be more variable for projects with tax credits or other capital subsidies. In those cases the projected rate of return should be consistent with other subsi- dized rental developments with similar characteristics that have already been permitted and built. These standards are appropriate for most, but not necessarily for all situations. If the ZBA or the 40B applicant proposes to apply an "uneconomic" standard outside the range of these standards they should demonstrate that the alternative standard is reasonable, consistent with real estate industry norms, and has been used in practice for rental developments with similar characteristics that have been successfully financed and built. The sole purpose of the "uneconomic" standard is to determine when and how a develop- er may appeal the issuance of a comprehensive permit to the Housing Appeals Committee. A developer may always choose to proceed with a 40B development that appears to be uneconomic if the subsidizing agency, in the normal course of its review and approval, finds that the developer has the capacity and the financial resources to successfully complete the project. Rates of return calculated by any method are estimates, not actual results, and the relationship of mini- mum investment returns to Treasury rates may change over time in response to changing market conditions. If a ZBA is acting in good faith and grants a permit with conditions that provide a reasonable rate of return, an experienced rental housing developer is far more likely to accept that conditional permit than to assume the additional delays, costs and uncertainties associated with an appeal. In connection with the methodology described above, estimated development costs should include (but not be limited to) the following: A. Annual Operating Costs Estimates of annual operating costs should be comparable to projects of similar size and type, preferably from a recognized lender on market -rate and/or mixed -income housing developments. Particular attention should be given to areas where there may be an identity -of -interest (e.g., prop- erty management fees) or miscellaneous fees for required services, such as trash removal or cov- ered parking (if there is no surface parking option) which may increase the rent/cost burden on tenants in the affordable units. The projected cost for any such line item should fall within industry standards. B. Vacancy / Bad Debt Allowances & Annual Trending Assumptions These assumptions should conform to the underwriting guidelines of:the affordable housing pro- gram being used. If requested by the board of appeals, questions relating to such underwriting guidelines or assumptions will be responded to in writing by the subsidizing agency. C. Finance fees, Credit Enhancement Fees, Lender Fees & Operating Estimates of these costs should conform to the underwriting guidelines of the affordable housing program being used. D. Construction Loan Interest Rate, Term and Loan -to -Value (or Cost) Ratio . . These costs should conform to_the underwriting guidelines of the affordable housing program being used. 20 0 NnvFMRFR ?ons . GOODMAN, SHAPIRO & LOMBARDI, LLC 3 Allied Drive, Suite 107, Dedham, Massachusetts 02026-6148 - shapiro@goshlaw.com Tel 781.251.9800 - Fax 781.329.3833 - Toll free 1.877.241.1600 Henry A. Goodman0 Ellen A. Shapiro t Frank A. Lombardi t Mark A. Rosen Pamela M. Jonah - Mary -Joy Howes - Frederick C. Casavant, IV n Veronica C. Viveiros n Via. First Class Mail and Via Email -grant c.,townofnortliandover.com RECEIVED NOV 3 0 2015 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT November 25, 21015 Rhode Island Office: 14 Breakneck Hill Road Suite 203 Lincoln, RI 02865 Tel: 401.455.0420 Fax: 401.305-3346 North Andover Health Department Attn: Michele Grant Public Health Inspector' r 1600 Osgood Street, Suite2035' ? ' North Andover•,`1VMA 01845 Re -:'Oakridge Village' (Maplewood Reserve /Trash Comnactor/Dumpster ".x. , —. . Dear Ms. Grant: .7� This office represents the Board of Trustees of Oakridge Village -Maplewood Reserve Condominium Trust (the "Board"). This letter is sent to you in response to your correspondence dated November 12, 2015 in connection with a complaint about the condominium's trash compactor/dumpster, which is located in the common areas of the Condominium. The Board of Health office. investigated this complaint about the compactor/dumpster en October 7, 2015, aFiJ asked the Board and its property manager, Affinity Property Management, to address the complaint concerning the noise level. Following this inspection and request, the Board obtained a replacement part for the compactor/dumpster, which the part was installed and the repair completed, on or about November 18, 2015. Please note that the complainant is in fact a recent Unit purchaser at the Condominium. The compactor/dumpster has been in its present location, as approved by the Board of Health in compliance with Section 4.1 of the code cited in your letter, for some time. The Board of Health,has,in fact_approved.this location as compliant, -with the.code. _ The best'adjustment to the cycling of the compactor is to limit it to every three (3) uses, not the ten (10)'suggested in the Town's November 12, 2015 letter. The compactor works automatically, and is triggered by the number of times that the door is Please remit all correspondence to 3 Allied Drive, Suite 107, Dedham MA, 02026 0Admitted in MA, RI & FL - Admitted in MA t Admitted in RI & MA -Admitted in 121 n Admitted in MA, RI and NH North Andover Health Department Attn: Michele Grant November 25, 2015 Page Two opened. The recommended frequency setting is every three to five (3-5) times, with 3 times being optimal. Despite this our client Board has set the frequency to every six (6) times. Please note that this is against the trash service's recommendations, as it is too high. In addition, the Property Manager for the condominium tested and ran the compactor continuously. A Unit Owner. who lives in the unit next door to the complainant, was in her unit at the time and allowed you and the maintenance supervisor to enter her unit to listen to the sound coming from the compactor. The maintenance manager was advised that the noise was "negligible". We are not aware of a noise decibel range set forth in the code to quantify what is a permissible and acceptable noise level. At this point in time, the Board has made the repair, and done all it can to accommodate the complainant. There have not been complaints from other Unit Owners who live in the same area as the complainant, and the Board cannot change the entire system based on one person's sensitivities particularly where there is no demonstrable criteria for determining what is an acceptable decibel level for this machine and the noise it makes as the same is transmitted through a building.. Please let me know if you have any questions regarding this matter. Very truly yours, GOODMAN, SHAPIRO &'I0MBAPDI, LLC Alen �Slhapiro EAS/vv