RL E CEI •VED

TOWN OF LUDLOW -, I
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Zoning Board of Appeals

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Ludlow, MA 01056 I,,..,, ,.

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DECISION ON APPLICATION FOR COMPREHENSIVE PERMIT

G.L. C. 40B, §§ 20-23

APPLICANT: WAY FINDERS, INC. AND FULLER FUTURE, LLC.

(collectively the "Applicant")

PROPERTY: 188 Fuller Street, Ludlo w, MA 0 l 506 (the "Property")

ASSESSORS' MAP: 11C, Parcel 48

DEVELOPMENT NAME:

DATE: October 5, 2017

I. PROCEDURAL HISTORY

1. . An applicatio n for a Comprehensive Permit was received by the Town

of Ludlow Zoning Board of Appeals ('"Board") on or about February 15, 2017
("Applicatio n" ). The App lication proposes the development of forty-three (43)
rental apartment units in seven (7) reside ntial structures, along with an associated
community building, to be located at 188 Fulle r Street, Ludlow, Massachusetts
("Project").

2. The Board's public hearing on the Application was duly opened on March 16,
2017, and was continued to April 12 , May 17, 2017, June 14, 2017, June 22.
2017, J uly 12, 2017, July 27, 2017, and August 10 , 2017. The public hear ing was
closed on September 1 1, 2017.

3. The Project is located on the Property, which is loca ted at 188 Fuller Street.
Ludlow, Massachusetts.

4. The Prope11y is located in the Residential A Zonin g District. On Chapin Street.

nearby uses abutting the Property consist of mai nly residen ce and the Chapin
Street Ele me ntar y School. There are also commercial uses located nearby on
Chapin Street, including Chapin Commons commercial building. On Fuller
Street, near by uses include res idential uses, municipal conservatio n land, a
 Decision on Applica tion for Comprehensive Permit
Wayfinder s. Inc.
188 Fuller Street. Ludlow. MA
October 5, 2017
Page 2 of 28

Bus iness B use at the in tersection of C hapin and Fulle r Streets, Banas Concrete on
Fuller Street and the Chap in Street Ele mentary School and associated pla yg round
and pla ying field s which are located directly across Fuller Street from the
Property.

5. The Applicant provided vario us mate rials, re ports. stud ie s. and revise d plans
through o ut the course of the public hear ing on the Applica tio n.

6. D urin g the public hea ring , the Applicant was assisted primarily by its staff attorney,
Rudy Perkins, Esq. and its counse l E llen W. Freyman, Esq. of Shatz, Schwartz and
Fentin , P.C.. The Applic an t also use d the services of Micha e l R. Gagnon, P.E., of
Milo ne & MacBroom, Inc. for civil e ngineering, Marc Sternick, AJA. LEED AP. of
Die tz & Company Architects, Inc . for architectural services and Jon Diet rich, P.E.,
of Fuss & O' Neill, Inc for traffic enginee rin g se rvic es.

7. The Board utili zed the se rvice s of St eve n D' Ambrosio, P.E, of GZA
GeoEnvironmental, Inc., for civil enginee ring and stormwater peer review, and
Jennifer Conley, P.E., of WSP USA for traffic peer review. The Board also
utili ze d the services of Paul Haverty, Esq., of Blatman. Bobrowski & Have rty.
LLC as its technica l consultant throug h a grant from the Massachusetts Ho usi ng
Partnership.

8. During the public hear in g, the re was sig ni ficant public input. The Board heard
input from members of the Ludlow Select Board and its counsel, Danie l C. Hill,
Esq., the chair of the Ludlow Conse rvatio n Commiss io n, the Ludlo w Police
Chie f, the Ludlo w Fire Chief, the Ludlow Department of Public Works, the
Ludlow Planni ng Board, the Ludlow Safety Committee , abutters a nd other
in terested persons throughout the hearin g process.

9. The Town of Ludlow had not adopted nor filed any loc a l rules with respec t to
Compre hensive Permits as of the date of the Applicant' s applica tion a nd thus its
business with res pec t to this Co mprehen s ive Permit applic a tio n was conducted
pursuant to 760 CMR 56.05.

II. JURISDICTIONA L FINDINGS

10. The Applicant has demon strated its elig ibil ity to s ubmit an applica tio n for a
Comprehens ive Permit to the Boa rd, and the de velo pment fulfills the minimum
project elig ibility requirements se t forth in 760 CMR 56.04( I ) as follows:

a. The A pplicant is (or wil l become) a limited dividend organizatio n because

it has indicated in its applica tio n tha t it will co nform to the limi ted
dividend requirements of G. L. c. 40B, §§ 20-23, thus establi s hing it is a
 Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 3 of28

limited dividend organization. The Applicant has a new principal address

of 120 Maple Street. 4th Floor, Springfield, MA 01103.

b. The Applicant has received a written determination of Project Eligibility

from the Massachusetts Department of Housing and Community
Development ("DHCD") dated January 4. 2017, a copy of which was
provided to the Board with the original application.

c. The Applicant provided a copy of a deed dated November 20, 2015 to

Fuller Future, LLC, a related entity of the Applicant. Thus, the Applicant
has shown evidence of site control sufficient to qualify as an Applicant for
a Comprehensive Permit.

d. The Applicant has agreed to execute a Regulatory Agreement that limits

its annual distributions in accordance with G. L. c. 408 and the
regulations (760 CMR 56.00 et seq.) and guidelines adopted thereunder by
DHCD.

11. The Town of Ludlow ("'Town " ) does not meet the statutory minima set forth in
G.L. c. 408. § 20 or 760 CMR 56.03(3) to 56.03(7):

a. At the time of the filing of the Application, the number of low or moderate
income housing units in the Town constituted 2.2% of the total year-round
units in the Town, based on the most recent publicly available copy of the
DHCD Subsidized Housing Inventory, dated December 5. 2014. Thus, the
Town does not meet the ten percent (10%) statutory minimum.

b. The Town does not have information that there are existing affordable
housing units that are on sites that comprise more than one and one half
percent (1.5%) of the total land area of the Town that is zoned for
residential, commercial or industrial use (excluding land owned by the
United States, the Commonwealth of Massachusetts or any political
subdivision thereof).

c. The granting of this Comprehensive Permit will not result in the

commencement of construction of low or moderate income housing units
on a site comprising more than three tenths of one percent of land area in
the Town or ten acres. whichever is larger, zoned for residential.
commercial or industrial uses (excluding land owned by the United States.
the Commonwealth of Massachusetts or any political subdivision thereof)
in any one calendar year.
 Decision on Application for Comprehensive Permit
Wayfinder s, Inc.
188 Fuller Street, Ludlow, MA
October 5. 2017
Page 4 of 28

d. The Town does not have an approved Housing Production Plan purs ua nt
to 760 CMR 56.03(4).

e. The Town has not achieved recent progress toward its housing unit
minimum purs uant to 760 CMR 56.03(5).

f. The Project does not constitute a Large Project pursuant to 760 CMR
56.03(6).

g. The Applicant's Comprehensive Permit Application does not constitute a

Related Application pursuant to 760 CMR 56.03(7).

lll. FACTUAL FINDINGS

Location of Project

12. The Project is located at 188 Fuller Street, Ludlow, Massachusetts.

13. The Property is in the Residential A Zoning District.

14. The Property has frontage on Fuller Street, across from the Chapin Street
Elementary School.

Civil Engineering. Site Design. and Stormwater Impact

15. The Board engaged in peer review of potential civil enginee ring. site design. and
stormwater impact s of the Project.

16. The Project will connect to the Ludlow municipal sewer and the Springfield
Water and Sewer Commission public water systems. The Board finds that there is
sufficien t capacity in the se water and sewer systems to serve the Project.

17. The Applicant proposes to construct 87 parking spaces for the Project, which is
in compliance with the Ludlow Zoning Bylaw, which requires 87 parking spaces.

18. On-site amenities will include a tot lot (located next to Building 8), and a
community building. The Board found that there is a need for addit ion al
recreational space on the Property, in addition to the tot lot. The Board found
that. given the dangerous nature of crossing Fuller Street, the availability of
playground space at the Chapin Street School sho uld not be considered as a
potential recreational area for children residing in the Project. The Board
determined that the elimination of the five-unit building (shown as Building 2 on
the Approved Plans) at the front of the Project along Fuller Street would allow the
 Decision on Application for Comprehensive Permit
Wayfinders. lnc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 5 of 28

inclusion of a meaningful active recreation area for children living in the Project,
similar to the play area contained in the Applicant's development Parson's
Village in Easthampton, Massachusetts.

19. Approximately thirty-four percent (34%) of the site will consist of impervious
surface with the remainder consisting of pervious surface. The Board finds that
the total amount of impervious area is acceptable.

20. The Board finds that the landscaping proposed by the Applicant is sufficient in
light of the site disturbance that the Project will entail. The landscape design
objective for the proposed development will be to enhance the built environment
through the creation of a sustainable landscape that blends into the site's natural
surroundings. The overall design will emphasize the use of low maintenance.
native plantings and strive to integrate the proposed development·s needs into the
site's surrounding environment.

21. The Project"s stormwater management system consists of a piped storm drain
network which collects and conveys stormwater runoff to subsurface infiltration
systems and surface stormwater management basins. The Project's stormwater
management system is designed in accordance with the MassDEP Stormwater
Management Standards.

22. The Project. as conditioned here in . will address the lack of year-round affordable
rental units in the Town.

23. The Board heard testimony from the Applicant and the Board's traffic consultant,
including the Applicanf s Traffic [mpact Study dated August 1O. 2016, with
revisions through July, 2017, that the Project is expected to result in
approximately twenty-eight (28) vehicle trips during the weekday morning peak
hour and approximately thirty-two (32) vehicle trips during the weekday
afternoon peak hour, and a two hundred and eighty-four (284) vehicles trips per
weekday (one hundred and forty-two (142) exiting, and one hundred and forty-
two (142) entering). The trip generation information was confirmed by the
Board·s peer review consultant Jennifer Conley, P. E.

24. The Board's traffic peer review consultant confirmed that the existing crash rate
history at the intersection of Fuller Street and Chapin Street (as shown in Table A-
l of the Fuss & o·Neill traffic study) is significantly higher than MassDOT
District 2 averages.

25. The Board·s traffic peer review consultant also determined that queuing at the
intersection of Fuller Street and Chapin Street is a problem in the afternoon peak
hour (but not in the morning peak hour). and that queuing related to the Project
 Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 6 of28

will add one to two vehicles to the northbound approach to the 95th percentile
queue.

26. The Board finds that, in the absence of an adequate on-site children' s play area. in
order to allow safe pedestrian crossing of Fuller Street from the Project to the
Chapin Elementary School, it is necessary for the Applicant to construct a
pedestrian crossing, at a location to be determined by the Ludlow Department of
Public Works. Such crosswalk should incorporate an RRFB traffic control device
which would be able to be activated from either side of the street. The Board
found that such crossing is not necessary if an adequate children's play area is
provided, as required herein.

27. The Board finds that the conditions imposed in Section IV of this Decision are
necessary in order to address Local Concerns. The Board finds that such
conditions will not render the project uneconomic. To the extent that such
conditions may render the project uneconomic (as defined in 760 CMR 56.02),
the Board finds that the Local Concerns outweigh the potential benefits of the
proposed affordable units.

28. The Board finds that granting certain waivers from local by-laws and regulat ions
is acceptable even though granting any waivers may have an adverse impact on
Local Concerns.

29. The Board acknowledges concerns raised by abutters and other interested parties
about the Project' s potential incompatibility with abutting residential uses,
including concerns relating to increased traffic and parking demand. The Board
has addressed these concerns by the imposition of appropriate conditions. The
Board further finds that conditions detailed below appropriately address these
matters of local concern in a manner that outweighs the regional need for
affordable housing. The Board finds that the conditions imposed below addresses
local and regional housing needs while properly protecting valid issues of local
concern.
1
30. The Board finds that the construction of the Project, as conditioned, will be
consistent with local needs.

IV. CONDITIONS

A. General

A. I The holder of this Comprehensive Permit is Way Finders , Inc. and Fuller Future,
LLC, or their assignees or transferees pursuant to 760 CMR 56.05(12),
constituting a limited dividend organization or other entity confirmed by the
Decision on Application for Comprehensive Permit
Wayfinders , Inc.
188 Fuller Street. Ludlow, MA
October 5, 2017
Page 7 of 28

Subsidiz ing Agency pursuant to 760 CMR 56.05(12). The Prope11y is defined as
those properties located at 188 Fulle r Street, Ludlow, Massachusetts. containing a
total of approxima tely 5.3 acres. The Project is defined as all features shown on
the plans listed below in Condition A.2 or as otherwise required by this
Comprehensive Permit.

A.2 Except as may be provided for in the following Conditions or in the Final Plans
referenced below. the Project shall be constructed substantially in conformance
with the plans and drawings listed below in this Condition A.2, which for
purposes of this Comprehensive Permit shall be considered the Approved Plans
for the Project ("Approved Plans"). Minor changes to the Approved Plans (e.g.,
changes that do not materially affect the location of, or increase the height or
massing of the structures, or increase the number of units contained in the
residential buildings) shall be submitted to the Building Commissioner who shall
have the authority to approve such changes as immaterial changes. If the
Building Commissioner determines that the proposed changes do not materia lly
conform to the requirements of this Comprehensive Permit, he shall so notify the
Applicant and the Applicant shall either bring the plans into conformance with
this Decision or seek modification in accordance with 760 CMR 56.05(11). The
Approved Plans consist of the follow ing plan set from Milone & MacBroom
entitled ·'Multifamily Housing Development, 188 Fuller Street, Ludlow,
Massachuse tts, Permit Submission" dated September 20, 2016. with revisions
through July 27, 2017:

Sheet I: Title Sheet

Sheet 2: Existin g Conditions & Removals Plan
Sheet 3: Site Layout & Landscaping Plan
Sheet 4: Sediment & Erosion Controls and Grading Plan
Sheet 5: Utility Plan
Sheet 6: Photometric Plan
Sheet 7: Miscella neo us Site Details
Sheet 8: Miscellaneous Site Details
Sheet 9: Miscellaneous Site Details
Sheet I 0: Miscellaneous Site Details
Sheet I I: Miscellaneous Site Details.

The Approved Plans shall also consist of the following plan set from Dietz & Co.,
Architects entitle '·Fuller Future LLC, HAP Inc., 188 Fuller Street, Lud low· · dated
February 1, 2017. and consisting of the following sheets:

Sheet 0000: Cover Sheet

Sheet 0001: Drawing Standards
Sheet 0002: Code Review
Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street. Ludlow, MA
October 5. 2017
Page 8 of28

Sheet A IO1: Building 1 Floor, Foundation and Roof Plans

Sheet A I 02: Building 2 Floor, Foundation and Roof Plans
Sheet A103 .1: Building 3 Foundation and Roof Plans
Sheet A103.2: Building 3 Floor Plans
Sheet A104: Building 4 Floor, Foundation and Roof Plans
Sheet A105: Building 5 Floor, Foundation and Roof Plans
Sheet A106.1: Building 6 Foundation and Roof Pla ns
Sheet A106.2: Building 6 Floor Plans
Sheet A107.1: Building 7 Foundation and Roof Plans
Sheet A107.2 Building 7 Floor Plans
Sheet A108: Community Building Pla ns and Eleva tions
Sheet A20 I: Exterio r Elevations - Building I
heet A202: Exterior Elevations - Building 2
Sheet A203: Exterio r Elevations - Building s 3, 6 and 7
Sheet A204: Exterior Elevations - Buildings 4 and 5
Sheet A300: Building Sections
Sheet A410: Enlarged Unit Plans
Sheet A411: Accessible Unit Enlarged
Sheet A420: Interior Elevations
Sheet A421: Interior Ele vations

A.3 The Applicant sha ll be a Limited Divi de nd Entity as required by Chapter 40B and
its successors and assig ns, sha ll comply with the limited dividend and other
applicable requirement s of Chapter 40B and the regulatio ns adopted thereunder.

A.4 The Project shall consist of not more than forty-one (41) rental apartment units.
located in no more than six (6) residential structure s, and other related residential
amenitie s, all as shown on the Approved Pla ns, as modified by the se Co ndition s.
The Project shall consist of not more than ten ( I 0) o ne- bedroom apartments,
twent y (20) two-bedroom apartments and thirteen (13) three-bedroom apartment
uni ts for a total of eighty-nine (89) bedrooms. Notwithstanding the preceding. the
total number of units shall not exceed forty-one (41) units.

A.5 There shall be a minimum of eighty-seven (87) outdoor parking spaces (inclus ive
of required handicap spaces).
Decisio n on Applicatio n for Comprehensive Pem,it
Wayfinder s, Inc.
188 Fuller Street, Ludlo w, MA
October 5, 2017
Page 9 of 28

A.6 Pursuant to the revised Waiver List submi tte d to the Board and attached he reto as
Exhibit A, the Applicant has requested, and the Board has granted, those waivers
from the Ludlow Zoning Bylaw and other local by-laws and regulations as
specified there in. No waivers are granted from requirements that are beyond the
purview ofG.L. c. 40B, §§ 20-23. No waiver of permit or inspectio n fees has
been granted. Any subsequent revision to the Approved Plans, including but not
limited to revis ions that are apparent in the Final Plans that require additiona l o r
more expansive waivers of any local by-laws or regulations, must be approved by
the Board in accordance with 760 CMR 56.05(11).

A.7 The permits Iis ted on Schedule A annexed here are incorporated into and are
granted as part of this Com prehen sive Permit, subject to revie w and
administrative approval of the Final Pla ns by the appropriate board or town staff,
as in dicated therein.

A.8 Except as otherwise specifically provided herein , where this Deci s ion provides for
the submission of plans or other doc uments for approval by the Building
Commissio ner or other Town Departments, the Building Commissioner or
applicable Department Head will use reasonabl e efforts to review and provide a
written response within thirty (30) days following submission. For submi ssio ns
that require assista nce from an outside consultant, as dete rmined by the Building
Commiss ioner or applica ble Department Head , the thirty-da y time period shall
not begin until the consultant' s fee has been fully funded by the Applican t.

A.9 This Comprehensive Permit may be subsequently assigned or transferred pursuant to

760 CMR 56.05(12)(b). The pledging, assignment, mortga ging or other financial
sec urit y arrangement with respect to the Property as secu rity under any
conventional loa n financing terms as set forth in any financing entity' s Loan
Documents or any foreclosure sale pursuant to the same shall not constitute an
assignment or transfer under this paragraph and is pe rmissible. T he Board shall
receive notice of any chan ge in the principals of Fuller Future, LLC during
construction of the Project, except if said change is as a res ult of the exercise by
any Project le nder or of any rights und e r the applicable Loan Docum e nts.

A. IO T he provisions of thi s Comprehensive Permit Decis io n and Conditions shall be

bindin g upon and inure to the benefit of the successors and assigns of the
Applic ant, and shall run with the land. In the event that the Applicant sell s,
transfers, or assigns its interest in the development , this Comprehensive Permit
shall be binding upon the purchaser, transferee, or assignee and any s ucce ssor
purchasers, transferees or assignees. The limited dividend restric tions shall apply
to the owner of the project regardless of sale, transfer, or assignment of the
project.
Decision on Application for Co mpreh ensive Pe rmit
Wayfinders, lnc.
188 Fuller Street , Lud lo w, MA
October 5, 2017
Page 10 of 28

A.11 The sidewalks, driveways, roads, utilit ies, drainage systems, and all other
infrastructure shown on the Approved Plans as serving the Project shall remain
private in perpetuity. and the Town shall not have, now or in the future. any legal
responsibility for the operation or maintenanc e of the infrastructure, includin g but
not li mited to snow removal and landsca pe maintenance. In this regard, the
proposed site access driveway within the Project shall not be dedicated to or
accepted by the Town.

A.12 Unless ot herwise indicated herein, the Board may designate an agent to rev ie w
and approve matters on the Board' s behalf subsequent to this Decisio n.

B. Affordability

8.1 A minimum of 25% of the rental un its shall be lo w- or mode rate- income units,
meaning that they shall be rented to, and occupied by, hou se ho lds whose income
is not more than eighty percent (80%) of the Area Median Incom e (" AMI"), as
determined by the United States Department of Housing and Urban Development
('·HUD") and DHCD (" Affordable Units"). The Applicant has proposed, and the
Board accepts, that the Project will include a deeper level of affordability, and
that one hundr ed percent ( I 00%) of the units will be affordable to persons whose
income is not mo re than sixty percent (60%) of the AMI. Afforda ble Units shall
be dispersed throughout the Project in accordance with the guideline s of the
S ubsidizing Agency , except for fluctuatio ns based on changes of income allowed
by the Regulatory Agreement with the Subsidizing Agency. The Applicant shall
be respo nsible for maintainin g records sufficient to comply with DHCD
guidelines for the loca tion of Affordable Units in the Project and occupancy of
such Affordable Units by incom e-eligible hou se holds.

8.2 All of the Project's Affordable Units sha ll be restricted for lease to ho usehold s
earning no more than the maximum allowab le area median inc o me of DHCD or
any s ubstitute Subsidizing Agency. The units shall be maint ained as affordable in
perpetuity, which for the purposes of this Decision shall mean for so lo ng as the
Property does not comply to applicable zo ning requirements witho ut the benefit
of this Comprehensive Permit.

8.3 The Applicant shall o btai n approval by the S ubs idiz ing Agency of an affirmative
fair hous ing marketing plan prior to the rental of any Affordable Units, and shall
ensure that the Project co mplies with the Subsidizing Age ncy's fair ho usi ng
requirements.

8.4 For the in itial rent-up of the Project, the maxim um number of affordable units
allowed by law and the app lic able s ubsidy program, but not to exceed seventy
percent (70%) of the un its, shall be reserved for househo lds containin g person s
Decision on Application for Comprehensive Permit
Wayfinders. Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 11 of 28

either living or working in the Town of Ludlow. A lotte ry shall be established in

a form approved by the Subsidiz ing Agency and/or the Project' s monitoring agent
to effectuate this local preference, with an approved secondary lottery for all other
Applicants. The Applicant shall assis t the Town in the submittal of any evidence
required by the Subsidizing Agency to suppo rt this local preference requirement.
The Board acknowledges that it will be required to provide evidence satisfactory
to the Subsidizing Agency of the need for the foregoing local preference and to
obtain approval of the categories of persons qualifying for the same. and in no
event shall the Applicant be in violation of the te rms of this Comprehensive
Permit to the extent the Subsidizing Agency disapproves the local preference
requirement or any aspect thereof. The Applicant shall provide reasonable and
timel y assistance to the Town in providing this evidence . If the Board or its
designee does not provide such information within sixty (60) days of a written
reque s t by the Applicant, its Lottery Agent, the Subsidizing Agency or DHCD,
then th is condition shall be void unle ss the Applicant has failed to provide
reasonable and timely assistance as described above.

C. Submiss io n Requirements

C.l Prior to any construction or site deve lop ment activities (includ ing sit e clearing,
tree remo val. grading. etc.) on the Property. whether or not pursuant to a building
permit. the Applicant shall:

a. Deliver to the Board a check in a reasonable amount determined by the

Board to be use d for the Board to retain outside experts for technical
review s and inspectio ns required under these cond it ions. Said funds shall
be deposited by the Board in an account pursuant to G.L. c. 44, § 53G and
shall only be use d for technical reviews and in s pectio ns associated with
this Project. Any unspent funds shall be returned to the Applicant with
accrued interest at the completion of the project. If at any time the Board
reasona bly determines that there are in s ufficie nt funds to cover the costs
of technical reviews, it s hall inform the Applicant and the Applicant shall
forthwith deliv er additional funds as specified by the Board in a reasonable
amount as may be determined by the Board. Said funds may be used by
the Board to hire civil engineering, traffic engineering, and/or other
professionals that the Board deems reasonabl y necessary to ensure
compliance with the conditions hereo f.

b. Obtain a National Pollution Disc harge Eli minatio n System (NPDES)

Permit from the U.S. Enviro nmen tal Protection Agency (EPA), if
necessary. The Board shall also be provided a copy of the Stormwater
Pollutio n Preventio n Plan (SWPPP) submi tte d along with the NPDE
filing.
Decision on Application for Comprehensive Permit
Wayfinders. Inc.
188 Fuller Street, Ludlow, MA
October 5.2017
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c. Submit to the Board for review and administrative approval Final

Engineering Drawings and Plans ('"Final Plans") that conform to the
requirements of this Comprehensive Permit and incorporate the conditions
herein. The Final Plans shall also incorporate all conditions and
requirements of permitting agencies having jurisdiction. Applicable
sheets of the Final Plans shall be signed and sealed by the Professional
Land Surveyor of record, the Professional (Civil) Engineer of reco rd, and
a Registered Landscape Architect. Final Architectural Plans shall be
stamped by a Registered Architect. The Final Plans shall be submitted to
the Board at least forty-five (45) days prior to the anticipated date of
commencement of building construction or submission of an application
for building permits, whichever is earlier (the '·Fina l Site Plan Submission
Date").

At a minimum, the Final Plans shall be in accordance with the comments

from the peer review consultants detailed while the hearing.

d. Submit to the Building Commissioner a construction mitigation plan

including, but not limited to, dust control measures, fill delivery sched ules ,
stockpiling areas, and like matters. Other than site work and such other
work as may be authorized in writing by the Building Commissioner. no
other construction of units shall commence and no building permits shall
be issued under this Comprehensive Permit until the Building
Commissioner, in consultation with the Board's peer review engineer, has
approved the Final Plans as being in conformance with this Decision. ff
no written response or comments have been given to the Applicant by the
Building Commissioner concerning the Final Site Plans within forty-five
(45) days after the Final Site Plan Submission Date, the Final Plans, as
deli vered, will be deemed to have been approved.

e. Submit to the Board for its administrative approval, a landscaping plan

with the Final Plans, signed and sealed by a Registered Landscape
Architec t, depicting the following:

1. Overall planting plan that includes a demarcation of clearing and

the limits of work;

11. Planting plans for drives showing shade trees and lighting fixture
locations;

u1. Plans of walkways in open space and recreation areas;

Decision on Application for Comprehensive Permit
Wayfinders. Inc.
188 Fuller Street, Ludlow. MA
October 5. 2017
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1v. Prototype planting plans for each building that include shade trees,
orname ntal trees, shrubs, and groundc o vers;

v. Prototype screening plans for dumpsters. depicting plantings and

fencing:

v1. Planting details for coniferous and deciduous shade trees.

ornamental trees, and shrubs;

v11. Pl a nting schedu les listing the quantity, size, height. cali pe r.
species, variety, and form of trees, shrubs. and groundcovers;

v111. Tree protection and preservation plans: and

1x. Construction details.

x. Specifications for plantings, site an1enities ( includ ing benc hes, trash
cans. light fixtures , fencing). The proposed dumpster location
shall be moved as required by the Board of Health upon review of
Final Plans.

All plantings shall consist of non-invasive , drought-tolerant species. Autumn

Olive, Russian Olive, Bittersweet, Multi Flora Rose and Barberry shall not be
allowed as plantings. Plantings installed along drives and walkways shall also
be salt-tole rant. The final landscap ing plans shall preserve the existing
perimeter tree cover to the greatest extent practicable. Eighteen (18) months
after completion of plantings. the Applica nt sha ll remove and replace any
dead or diseased plantings and trees serving as screening. The contract with
the Management Company shall address ongoing maintenance of landscaping
features.

C.2 Prior to the issuance of any building permits , the Applican t shall:

a. Record this Comprehensive Permit with the Hampden Registry of Deeds.

at the Applicant"s expense. and provide proof of such recording with the
Building Commiss io ne r.

b. Submit to the Board and the Building Commi ssione r evidence of Final
Approval from the Subsidizing Agency (MA Department of Housing and
Community Development) ( DHCD), as required by the Project Eligi bility
letter and the Chapter 40B regulations.

c. Submit to the Board and the Building Commi ssio ner a certified copy of
Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 14 of28

the Regulator y Agreement and, if required by the Subsidi zi ng Agency, a

Monitoring Serv ice s Agreement for the Project. Execution and recording
of suc h Regulator y Agreement with the Department of Hou sing and
Community Develop ment shall be complete prior to the iss ua nce of a ny
building permit. To the exten t necessar y to complete financing for the
Project, notwithstanding the above, the Applicant may obtain building
perm its prior to the submittal of a recorded Regulato ry Agreement. No
construction may commence purs uant to the issuance of such building
permits, however, untiI evidence of the recording of the Regula tory
Agreement has been submi tted to the Building Commissioner.

d. Submit to the Build ing Com miss ione r final Architectural Plans prepared.
signed and sealed by an architect with a valid registration in the
Commo nwea lth of Massachuse tts ('·Architectural Plans"). The
Architec tural Plans shall be submitted in such form as the Building
Commissione r may reasonably reques t.

e. Obtain and file with the Building Commissioner a copy of all required
Federal, State. and local permits and approvals required to begin
construction of the Project other than loca l permits granted pursuant to
and incorporated into this Comprehensive Permit as set forth in Condition
A.7.

f. Obtain all necessary building. elec trical, plumbing. and associated permits
required to begin construction of the Project required by state law.

D. Construction Co mplet ion/Certificate of Occupancy

D.l Prior to iss uance of a certificate of occupancy for a specific portion of the Project.
the Applicant shall:

a. ubmit engineer· s interim certification of compliance with utilities plan

and profiles (as applicable) to the Building Commissioner.

b. Provide a lett e r to the Board, signed by the Applicant"s civil engi nee r,
certifying that the applica ble portion of the Project has been construc ted in
compliance with the Final Plan s in all material respects.

c. Obtain acceptance from the Ludlow Fire Department of testing of all fire
protection systems. fire alar m systems, fire sprinkle r systems , and local
smoke alarms within the dwellin g units for which the certificate of
occupancy is requested.
Decision on Application for Comprehensive Permit
Wayfinders , Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 15 of 28

d. Obtain a sewer connection permit from the Ludlow Sewer/Wastewater

departments.

e. The Applicant shall provide to the Board evidence of a property

management plan (if property management will be done in-house), or shall
provide a copy of a contract with a Management Company if property
management will be conducted by a third-party. The management plan or
management contract shall cover, but may not be limited to, issues of
building security, public access, pet policy, staffing, trash removal, and
smoking policies, and other issues addressed in the conditions herein.

D.2 Prior to issuance of the certificate of occupancy for the last residential building to
be constructed, the Applicant shall:

a. Submit to the Building Department, in digital file format, a final as-buil t

utilities plan including profiles. showing actual- in ground installation of
all applicable utilities, rim and invert ele vations, roadway, sidewalk and
associated construction . The file format shall be in a form reaso nably
acceptable to the Building Department. AutoCAD file delivery shall be in
full model view and individual sheet views, provided however, that such
AutoCAD file shall be subject to the site engineering firm's standard
AutoCAD Disclaimer. The digital file shall include property boundaries.
dimensions, easements, rights-of-way, edge of pavement, edge of
sidewalk, edge of water bodies , wetland boundaries, topographic contours,
spot elevations, parking areas, road centerline and associated text. Said
digital data shall be delivered in the Massachusetts State Plane Coordinate
System, North American Datum 1983 and North American Vertical
Datum 1988 , in U.S. Survey Feet.

b. Submit to the Building Commissioner as-built plans for all buildings in the
Project.

E. Pro jec t Design and Construction

E.l Prior to the commencement of any work on the Property, the Applicant and the
site general contractor shall attend a preconstruction conference with the Building
Commissioner and other Town staff as may be determined.

E.2 The proposed construction shall be in accordance with applicable Federal and
State laws, rules and regulations.

E.3 All site retaining walls four (4) feet or greater in height shall be designed by a
Massachusetts Professional Structural Engineer.
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Wayfinders, Inc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 16 of28

E.4 During construction, the Applicant shall conform to all local (unless specifically
waived herein) , State, and Federal laws regarding noise, vibration, dust, and
blocking of Town roads. The Applicant shall at all times use all reasonable
means to minimize inconvenience to residents in the general area. Adequate
provisions shall be made by the Applicant to control and minimize dust on the site
during construction in accordance with the construction mitigation plan. The
Applicant shall keep all portions of any public way used as access /egress to the
Project free of soil, mud or debris deposited due to use by construction vehicles
associated with the Project.

E.5 Appropriate signage shall be shown on the Final Plan s. The Board has granted
the Applicant the waivers to allow construction of signs as shown in Plan SD3 of
the Approved Plans.

E.6 The location of all utilities , including but not limited to electric, telephone, and
cable, shall be s hown on the Final Plans. All transformers and other electric and
telecommunication system components shall also be included on the Final Plans.

E.7 The Applicant shall use natural gas for the Project, if reasonably available at the
time of the submission of Final Plans. Gas service locations shall be included on
the Final Plans.

E.8 The Applicant shall install lighting on the site that conforms to the lighting shown
on Plan PH of the Approved Plans. Lighting shall be down- li t/shielded to prevent
light spillover onto surrounding properties. Management of outdoor lighting shall
be the responsibility of the Applicant.

E.9 Utilities, including but not limited to telephone, electric, and cable, shall be
located underground as shown on the Approved Plans.

E. IO Soil material used as backfill for pipes, access drives, or structures shall be
certified by the Geotechnical Engineer to the Building Commissioner as meeting
design specificat io ns, as applicable.
Decision on Application for Comprehensive Permit
Wayfi nde rs, Inc.
188 Fuller Street, Ludlow, MA
October 5. 2017
Page 17 of 28

E.11 Construction activities shall be conducted between the hours of 7:00 a.m. and
7:00 p.m., Sunday through Saturday, or as otherwise allowed by the Ludlow
Building Department, consistent with other construction projects in the Town of
Ludlow. For purposes of this condition. construction activities shall be defined
as: start-up of equipment or machinery , delivery of building materials and
supplies; delivery or removal of equipment or machinery ; removal of trees;
grubbing; clearing; grading; filling; excavating; import or export of earth
materials; installation of utilities both on and off the site; removal of stumps and
de bris ; and erection of new structures. All off-site utility work shall be
coordinated and approved by the Building Department and shall not be subject to
the timing restrictions set forth above. Parking of all vehicles and equipment
must be on the Property during construction.

E.12 Burning or burial of construction or demolition de bris on the site is stric tly
prohibited provided, however that the Applicant is permitted to flush cut stum ps
as nece ssar y (if allowed by the Ludlow Building Inspector, after review ). All
such materials are to be removed from the site in accordance with applicable law .
During construction, the site shall be secured against una uthori ze d entry or
vandalism by fencing, or other appropriate means , and all construction materia ls
s hall be stored or stockpiled in a safe manner. Any floodlights used during the
construction period shall be located and directed so as to prevent spillove r or
illun1ination onto adjacent properties. All construction activities are to be
conducted in a workmanlike manner.

E.13 No areas disturbed by construction activities shall be left in an open, uns tabilize d
condition longer than sixty (60) days. Temporary stabilization shall be
accomplished by hay bales, hay coverings or ma tting. Final stabilization sha ll be
accomplished by loaming and seeding exposed areas.

E.14 All dumpsters serving the Project shall be enclosed and covered (with the
exception of construction dumpste rs used during constructio n). The dum psters
proposed on the Approved Plans to be located in the vicinity of the abutting
property owner's fence shall be moved to the opposite site of the street, or other
such area as required by the Board of Health upon review of Final Plans. The
Board shall review the revised dumpster locations as part of the approval of the
Final Plans.

E.15 All retaining walls visible from a public way or direct abutters , as dete rmin ed by
the Building Commissioner based upon the time of year when suc h walls would
be most visible, shall be constructed in an aesthetic manner. Specifica lly,
retaining walls shall avoid the use of exposed concrete to the greatest extent
practicable, provided, however that segmented block, even if comprised of
concrete, may be used for such retaining walls.
Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 18 of28

E.16 The Applicant shall install and maintain a continuous fence, six feet (6') in height,
of a solid panel vinyl or synthetic type along the southe rn and eastern boundaries
of the Property. Said fence shall be placed in accordance with the Town of
Ludlow Zoning Bylaw Section 3.0.4. Additionally. the fence shall be placed at
the top of a berm to be created by the Applicant which sha ll run along the
southerly and easterly boundaries, which shall remain once the Property is
lowered to its final elevation . Such fence shall be on the abutters' side of the
proposed planting s. Referring to Plan SE, the contour line is shown at an
elevation of two hundred forty two and 24/100 feet (242.24'). Plan XS-01 s hows
a rendition of said fence. The fence shall also follow the sha pe of the retainin g
wall which is proposed for the swale drain pipe in order to prevent unauth orize d
access. A loc ked gate may be incorporated in the area of the swale drain area in
order to gain access for maintenance purposes. The fence along the easterly
boundary may follow the contour of the land in that area as it tails off toward the
northea st corner of the Property.

E.17 Snow shall be stored within the areas of the Property designated on the Approved
Plans. To the extent snowfall exceeds the capacity of the designated snow storage
areas, the Applicant shall truck the excess snow off-site.

E.18 The Applicant shall comply with all applicable state and federal requireme nts
relating to noise from construction activities, includin g the regulatio ns contained at
310 CMR 7.10 and the DEP' s Noise Policy conta ined in DAQC Polic y 90-001. The
Applicant s hall also implement all nece ssary controls to ensure that vibration from
construction activities does not constitute a nuisance or hazard beyond the Property.
Upon notification from appropriate municipal officials, the Applicant shall cease all
construction activities creating noise in excess of state and federal standards, and
shall implement such mitigation measures as is necessary to ensure the construction
activity will comply with applicable State and Federal requirements.

E.19 The Applicant is res ponsible for the swee ping, removal of snow and sanding of
the internal roadways and driveways providing access to both the residents of the
Project and emergency vehicles.

E.20 The Applicant sha ll comply with standard DPW specifications regarding curb-
cuts.

E.21 A permit from the Board of Health shall be requ ired for office trailers and
temporary storage facilities if any sanitar y facili ties or commissary facilities are
inco rporated.
Decision on Application for Comprehensive Permit
Wayfind e rs, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 19 of 28

E.22 To the extent earth removal is nece ssa ry, the Applicant shall prepare an earth
removal plan, showin g all necessa ry cuts and fills, and describing the number of
truck trips necessary for the earth remova l.

E.23 To the extent the Applicant needs to bring fill onto the Pro perty. s uch fill shall be
clean in nat ure, and the Applicant shall ensure that it has not been brought from
any contaminated source. Any ma terial b rought onto the site for fill shall not
contain any construction debris, stumps, wood chips, other deco mposable organic
material, winter treated sand or sand/salt mixtures or parkin g lot sweepings,
provided, howe ver that the Applicant is permitted to flus h cut stumps as necessary
(pursuant to the approval of the Building Inspector, after review). No hazardous
materials shall be used as fill. No processing of material shall be done onsite.
provided, however that the reduction of on-site stumps and slash to mulch is
permitted.

E.24 The Applicant shall eliminate the five-unit structure identified as Building 82
loca ted along Fuller Street, and replace it with a children' s play area containing
amenities similar to the an1enities loca ted at the Applicant' s project located at
Easthampton. The Applicant may add up to three (3) additio nal units to the other
developed areas of the Property (to allo w a total unit count of forty-one (41)
unit s), to rep lac e units lost from the elimination of the five-unit structure. Upon
the submi ttal of Final Plans depicting the lo cat ion of suc h units (if any), the new
unit s may be allowed as an insubsta ntial change purs uant to 760 CMR 56.05(11),
so lo ng as the loc at ion of such units require no new waivers of loca l rules , and
present no sig nificant additio nal site engi neering concerns as agreed by the
Board·s peer review engineer.

E.25 The on-site ameniti es , including the childre n's play area and the
dumpster/recycling areas , shall be securely fenced. Such fencing shall be
depicted on the Final Plans and subject to the Board' s administrative review.

E.26 Prior to the pre-construction conference disc usse d in Conditi o n E. l, the Applica nt
shall subm it a construction management plan that addresses protection of trees
located on abutting properties. to ensure no damage to such trees occurs during
construction. The cons truction manage ment plan shall a lso id entify old- growth
tree s located on the Property to be retained, and shall ident ify measures for
protecting those trees. This provisio n shall address, but is not limited to, the trees
shown on Plan EX.

E.27 Tree located on abutting properties and directly on the property line shall not be
disturbed during construction activi ties.
Decision on Application for Comprehensive Permit
Wayfinders , Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 20 of 28

F. Traffic/Traffic Safety Conditions

F.1 Access and egress to the Project shall be consistent with the Approved Plans.

F.2 A sidewa lk shall be installed from the driveway entrance at 188 Fuller Street in
the southerly direction along the easterly side of Fuller Street, to connect to the
existing sidewa lk at the comer of Fuller and Chapin Streets . The Applicant shall
const ruct the sidewalk, pursuant to the standards of the DPW. Such construction
shall be completed prior to the issuance of occupancy permits for the first
structure in the Project.

F.5 The Applicant shall ensure that adequate snow storage is provided at the site, and
that trash bins and pick-up activity will not block on-site parking or circulation.

F.6 The Applicant shall ensure that emergency vehicle s can adequat ely maneuver
through the site. The Ludlow Fire Department shall review the Final Plans to
ensure compliance with this condition.

G. Police, Fire, and Emergency Medical Conditions

G.l The Applicant sha ll provide professional property management and maintenance
personnel on the premises during normal business hours (Monday through Friday
9:00 a.m. to 5:00 p.m.) and an emergency contact name and numb er for tenants
and the Ludlow Police and Fire Departments. The Property sha ll be subject to
continuous video monitorin g at all times (not restricted to normal business hours).
Location of such video cameras sha ll be shown on the Final Plans.

H. Water, Sewer and Utilities

H.1 The App licant shall be responsible for the desig n and installatio n of the utilities
servicing the Project.

H.2 All water in frastructure shall be installed in conformance with any applica ble
Springfield Water and Sewer Commission requirements. The Applicant shall
consult with the Town' s Department of Public Works prior to the commencement
of construction.

H.3 Fire hydrants shall be placed as shown on the Approved Plans in locati o ns
approved by the Ludlow Fire Department. If the Ludlow Fire Department
approves different hydrant locations , such modification shall be accepted as an
ins ubstantial change pursuant to 760 CMR 56.05(11).
Decision on Appl icatio n for Comprehensive Permit
Wayfinder s, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page21 of28

H.4 The service size for the domestic water service should be verified by the
Springfield Water and Sewer Commission and information on the fire service size
and requirements should be verified by the Ludlow Fire Department. The
Applicant shall sub mit information regarding the size of both the domestic and
fire services as part of Final Pla ns, after consultation with the Springfield Water
and Sewer Commission and the Ludlow Fire Department respectively.

H.5 All water and sewer improvements neces sary to serve the Project must be
completed before any occupancy permits for the Project may be issued. As-built
water and sewer plans must be submitted to the Ludlo w DPW, before any
occupancy permits for the Project may be iss ued.

H.6 The water and drainage utiliti es se rvicing the buildings in the Project shall be
installed and tested in accordance with applica ble Town requirements and
protocols, except as may be waived he rein.

H.7 Utilitie s s hall be installed underground by the Applicant using methods standard to
those installation s. Utilities shall be defined as electric serv ic e line s, telephone
lines, water service lines , CATV lines, municipal conduit and the like.

I. Wetlands/Environmental Conditions

1.1 The Applicant has obtained an Order of Conditions from the Ludlow
Conservation Commission and the Order of Condition s was not a ppeale d. All of
the conditions contained in such Order of Condition s shall be adhered to,
includin g the requirement that an open fence be placed around all
retention/detention basins, and that fences around sediment forebays shall be
insta lled in a manner to allow wildlife access to the detention basins.

I.2 The Board grants no waivers from the twenty-five foot (25') no dis turb zone from
the Ludlow Wetlands Bylaw /Regulation s.

I.3 There will be no storage of any organic matter such as grass clip pings, wood
ch ips, stumps, dirt, loam, gravel, s an d and/or sand and salt mixture for winter use,
or any chemicals, either organic or non-organic , within the 100 Buffer Zone.

1.4 All exposed pipe openings leading to stormwater management basins or drainage
pipes, including the proposed swale diversion pipe, shall have a removable trash rack
installed over the opening, able to pass stormwater runoff while ensuring that no
child, adult or small animal larger than a woodchuck would be able to gain access to
such pipe inlets.
Decision on Applicat io n for Comprehensive Permit
Wayfinde rs, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 22 of28

1.5 The Applica nt shall in sta ll permanent monuments to clearly delineate the edge of
the twenty-five foot (25") no-touch zone under the Ludlow Wetland s Bylaw.
Such monuments shall be depicted on the Final Plans and subject to
administrative review of the Conservation Commission.

J. COMPLETlON OF INFRASTRUCTURE

J.l No occupancy permit for a building sha ll be issued until:

a. (I) the driveway shown on the Final Site Plans providing access to the subject
building has been in sta lled, excepting the final course of pavement; and
(2) all other infrast ructure necessary to serve the building, as approved by
the Board's peer review engineer or the Building Inspector has been
constructed and instaJled so as to adequately serve said building. The cul-de-
sac shall be completed prior to the issuance of any occupancy permits. The
final infrastructure for the Project, including, but not limited to, final course
of pavement and all drainage infrastructure sha ll be
installed prior to the is suance of occupancy permits for the final apartment
structure. The final infrastructure shall include, but not be limit ed to:
intermediate and final course of pavement, remaining landscaping , and
any " punch lis t" items identified by the Board's engineer or the Building
Inspector.

b. The Board's peer review engineer shall review the Project upon completion
of all such Final Infrastructure as described above, and shall notify the
Ludlo w Building Inspector that occupancy permits may be
iss ued.

K. Other General Conditions

K. l T his Decisio n will be deemed to be final upon the expiration of the appeal period
with no appeal hav in g been filed or upon the final judicial decision following the
fili ng of any appeal, whichever is late r. In accordance with 760 CMR
56.05(12)(c), this Comprehensive Permit shall expire three (3) years from the date
that the permit becomes fina l, unle ss (i) prior to that time substantial use of the
Compre hen sive Permit has commenced or (ii) the time period is o therwise tolled
in accorda nce with law. The Appl icant may timely app ly to the Board for
extensio ns to the Comprehens ive Permit as permitted by la w.

K.2 The Applican t shall comp ly with all loca l regulations of the Town and its boards,
comm iss io ns, and departments unle ss speci fically waived herein or as otherwise
addressed in these conditions.
Decision on Applicat io n for Comprehensive Permit
Wayfinde rs, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 23 of28

K.3 The Applicant shall copy the Board on all correspondence between the Applicant
and any federal, sta te, or Town official, board, or commission concerning the
condition s se t forth in this decision , including but not limited to all testing results,
official filings, environmental approvals, and othe r permits issued for the Project.

K.4 This Decision prohibits the parking or storage of any unregistered vehicle on the
site, and lik ew ise prohibits the service of any vehicles on the site, except during
constructio n.

K.5 The Applican t shall provide the Board a bond, in an amount determined by the
Ludlow Department of Public Works, for the maintenance of the stormwater
management system of the Project. In the event that the Applican t (or its
Management Company) fails to maintain the stormwa ter management system for
the Project in accordance with its operation and maintenance plan and such lack
of maintenance pose s an imm ine nt risk of deleterious impact to the Project's
stormwater management system, other properties or public health, the Town may
conduct eme rgenc y maintenance and/or repair, as it deems necessary , and the
Applicant shall, prior to the issuance of any certificates of occupa ncy , conve y
s uch easement or othe r rig hts in a form mutually acceptable to the Town and the
Applicant as may be reasona bly neces s ary to complete such repair and/or
maintenance. In the event the Town is required to perform such main tenance , the
Applicant shall reimburse the Town within forty-five (45) da ys for all of its
reasonable expenses related to such work. If the Town is not reimbursed within forty-
five (45) days of conduct ing such work, it may collect on the required bond/sure ty
(without the Town waiv ing any of its rights to alte rnat ive method s for
reimbursement of the costs of performing such maintenance).

K.6 The Project entrance way and interio r driveway, and drainage systems associa ted
therewith shall remain private, and the Town shall not have any legal
respon sibilit y for the operation and maintenance of such.

K.7 If any default, violation or breach of these conditions by the App licant is not cured
within thirty (30) days after notice thereof (or such lo nger period of time as is
reasonably nece ss ary to cure such a default so long as the Applicant is diligently
and co ntinu o us ly prosecutin g such a cure), then the Town may take one or more of
the following steps: (a) by mandamus or oth er suit, act ion or other proceeding at
law or in equity. require the Appli ca nt to perform its obliga tions under these
condition s; or (b) take suc h othe r action at law or in eq uity as may appear neces
sary or d es irable to enforce these co nd itio ns. If the Town brings any claim to enfo
rce these conditions , and the Town finally prevail s in such claim , the Applicant s
ha ll reimburse the Town for its reasonable attorneys' fees and
expe nses incurred in connection with such claim .
Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow, MA
October 5, 2017
Page 24 of28

DECISION

In consideration of all of the foregoing, including the plans, documents and testimon y
given during the public hearing, the Board hereby grants the Applicant a comprehensive
permit for the construction of forty-one (41) rental apartment units pursuant to Chapter
40B, §§ 20-23. for the development described above.

RECORD OF VOTE

The Board of Appeals voted 4-1, at its public meeting on October 5, 2017, to
grant a Comprehensive Permit subject to the above-stated Cond itions, with this decision
as attested by the signatures below.

NTt{O,.-
y

Dated: October 5, 2017

Filed with the Town Clerk on October 11_, 2017.

Town Clerk

Notice: Appeals, if any, by any party othe r than the Applicant , sha ll be made pursuant to
Massachusetts General Laws, Chapter 40A, s. 17, and shall be filed within twenty (20)
da ys after the filing of this notice in the Office of the Town Clerk, Town Hall, Ludlow,
Massachusetts . Any appeal by the Applicant shall be filed with the Housing Appea ls
Committee pursuant to G. L. c. 40B, § 23, within twenty (20) days after the filing of this
notice in the Office of the Town Cle rk.
Decision on Application for Comprehensive Permit
Wayfinders, Inc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 25 of28

Exhibit "A" - Waivers

Pursuant to the Waiver List revised and submitted to the Board. the Applicant has
requested, and the Board has granted, waivers from the Ludlow Zoning Bylaw and other
local by-la ws and regulations as specified herein. No waivers are granted from
requirements that are beyond the purview of G. L. c. 40B, §§20-23. No waiver of
permits or inspections fees are granted.

TOWN OF LUDLOW ZONING BY-LAWS

Section 3.01/3.01.1 - Prohibits uses not allowe d in the applicable zoning district.
Applicant proposed to locate a multi -family residential apartment development on the
Property.

Action Taken: Waiver Granted

Section 3.1 Table of Principle Uses - Prohibits multi-family apartment uses in the
Residential A district. Applicant proposes to construct a multi-family residential
development on the Property.

Action Taken: Waiver Granted

Section 3.09 Driveway Entry Permits - Requires curb cut permits to be iss ued by the
Ludlow Department of Public Works. Applicant requests a waiver to allow a curb cut
permit to be issued by the Board of Appeals.

Action Taken: Waiver denied as unnecessary. The issuance of a comprehensive

permit subsumes all other local permits. The Applicant shall submit the Final Plans
to the DPW for review and administrative approval of the curb cuts.

Section 3.0.10 - Dumpster Locations - Requires a permit from the Board of Health for
the storage of all dum psters for more than fourteen (14) days. The Applicant requests a
waiver to allow the dumpster permit to be issued by the Board of Appeals .

Action Taken: Waiver denied as unnecessary. The issuance of a comprehensive

permit subsumes all other local permits. The Applicant shall submit Final Plans to
the Ludlow Board of Health for administrative approval for all dumpsters to be
located on the Property for more than fourteen (14) days.

Table 3 - Required Landscaping -

Action Taken: Waiver Granted to allow landscaping as shown on the Approved

Plans, as conditions by the Comprehensive Permit.
Decision on Applica tion for Comprehensive Permit
Wayfinders . Inc.
188 Fuller Street. Ludlow. MA
October 5, 2017
Page 26 of28

Section 3.3.l(t)(S) - Temporary Office Trailers - Requires site plan approval from the
Planning Board, as well as a building permit, electrica l permit, a plumbing permit, and a
permit from the Board of Health. The App licant requests a waiver to all o w the approval
of tem porary office trailers to be issued by the Board of Appeals as part of the
comprehensive permit.

Action Taken: The Board denies the waiver of site plan approval as unnecessary, as
a comprehensive permit subsumes all other local permits. The Board denies the
waiver of building , electrical, plumbing and Board of Health permits because they
are state permits outside the Board's jurisdiction.

Section 3.3.2 - Accessory Uses for Gain - This section prohibits accessory uses for
gain, except for charitable purpose. The Applicant requests a waiver to allow the
operation of coin or card-operated la undry, or net metering and/or sale of electricity and
sale of solar renewable ene rgy credits and the like connected to photovoltaic panels for
gain and not for charitable purposes.

Action Taken: Waiver Granted.

Section 3.5 - Sidewalks and Curbing - Allows the Planning Board to require sidewalk s
when Site Plan Approval is required. The Applicant requests a waiver of this provision
to allow for sidewalks as shown on the Approved Plans.

Action Taken: Waiver denied as unnecessary. Because Site Plan Approval is not
required, this provision is not applicable. To the extent this section may be
applicable, the Board agrees this waiver should be granted to allow for sidewalks as
shown on the Approved Plans, and as conditioned by this Comprehensive Permit.

Section 4.01 - General Dimensional Requirements - Prohibits use s that do not

conform to the dimensional requirements of Section 4. The App lica nt requests a waiver
to allow the Project to be constructed as shown on the Approved Plans.

Action Taken: The Board agrees to waive this section, but limited to the extent that
specific waivers of dimensional requirements are granted below. This waiver shall
not be interpreted to be a blanket waiver of dimensional requirements.

Section 4.05 - One Building Per Lot - This section prohibits hav ing more than one
res identia l structure per lot. The Applicant requests a waiver to allow the construction of
seven residentia l s tructure s, as sho wn on the Approved Plans.

Action Taken: The Board grants this waiver, but limited to the construction of six
residentialstructures, to reflect the elimination of the residential structure as
 Decision on Applica tion for Comprehensive Permit
Wayfinders , fnc.
188 Fuller Street, Ludlow. MA
October 5, 2017
Page 27 of28

discussed in Condition A.4.

Section 6.1 Earth Removal - This section requires a Special Permit from the Board of
Selectmen and Site Plan Approval from the Planning Board for the removal or addition of
earth products. The Applica nt requests a waiver to allow for the addition of
approximately 367 cubic yard s of fill.

Action Taken: The Board denies this waiver request as unnecessary. The issuance
of a comprehensive permit subsumes all local permits. This waiver approval is
subject to the provis ions of Condition E.23 of this Decision.

Section 6.4.4 - Curb Cut Permits - This section requires a curb cut permit from the
DPW for all new or relocated driveways and parking lots. The Applicant requests a
waiver to allow for curb cuts to be approved as part of the Comprehensive Permit.

Action Taken: This waiver request is denied as unnecessary. The issuance of a

Comprehensive Permit subsumes all other local permits. The Applicant shall
submit Final Plans to the DPW for its review and administrative approval.

Section 6.5.6 - Signs - This section limits the types of signs allowed in the Residential A
Zoning District. The Appli cant requests a waiver to allow signs as shown on the
Appro ved Plans.

Action Taken: This waiver is granted, subject to the provisions of Condition E.5.

Section 6.5.8 - Signs - This section requires a permit from the Ludlow Building
Inspector for all signs over 18" x 24". The Applicant requests a waiver to allow for sig ns
exceeding 18'' x 24" to be approved pursuant to the issuance of the Comprehensive
Permit.

Action Taken: This waiver request is granted to the extent that it is based upon
waivers of the Ludlow Zoning Bylaws, subject to the provisions of Condition E.5.
This waiver request does not relieve the applicant from obtaining building permits
as required by the State Building Code.

Section 7.1- Site Plan Approval - The Applicant requests a waiver of the procedural
requirements for Site Plan Approva l.

Action Taken: Waiver denied as unnecessary. The procedural requirements for

Site Plan Approval are not applicable to a Comprehensive Permit application.

Section 7.2 - Stormwater Management - The App licant requests a waiver of the
substantive and procedural requirements of this section, to allow instead compliance with
Decis ion on Applica tion for Comprehensive Permit
Wayfinders. Inc.
I 88 Fuller Street, Ludlow, MA
October 5, 2017
Page 28 of28

DEP Stormwater Management Policy standard s.

Action Taken: The Board denies the requested procedural waiver as unneces sary.
The Board grants the requested substantive waiver, to allow construction of the
Stormwater Management System consistent with the Approved Plans, and in
compliance with DEP standards.

Section 7.2(F)(8)- Stormwater Management and Erosion Control Plan - The

Applicant requests a blanket waiver of the requirements of this section.

Action Taken: Waiver granted. The submittal of Final Plans shall include an
updated Operations and Maintenance Plan clearly depicting that the Applicant is
responsible for the maintenance of the stormwater system.

Section 7.2(J) - Stormwater Management and Inspection Agreement - This section

requires the submittal of an Operations, Management and Inspect ion Agreement. The
Applicant requests a waiver.

Action Taken - Waiver granted. The submittal of Final Plans shall include an
updated Operations and Maintenance Plan clearly depicting that the Applicant is
responsible for the maintenance of the stormwater system.

Section 7.2(K) - PerformanceBond - This section requires the Applicant to submit a

performance bond to ensure proper function and operation of the stormwater
management system. The Applicant reques ts a waiver.

Action Taken - Waiver Granted, subject to the conditions contained the

Comprehen sive Permit Section J.l(a) requiring completion of infrastructure of the
stormwater management system prior to the issuance of occupancy permits. The
Applicant shall also comply with Section K.5 requiring a bond for the maintenance
of the stormwater system.

LUDLOW WETLANDS PROTECTION BYLAW AND REGULATIONS

The Applicant has requested a blanket waiver of the Ludlow Wetlands Bylaws and
Regulatio ns, with the exception of compliance with the 25' no disturb buffer.

Action Taken: Waiver Granted to allow construction as shown on the Approved

Plans, as conditioned by this Comprehensive Permit.