HomeMy WebLinkAboutApplication - 575 OSGOOD STREET 5/4/2007 MEMORANDUM IN SUPPORT OF APPLICATIONS FOR SPECIAL PERMITS
r
Petitioner: Edgewood Retirement Community, Inc.
Property: 575 and 549 Osgood Street,North Andover, Massachusetts
Introduction
Edgewood Retirement Community is a "CCRC" (Continuing Care Retirement Center) originally
approved for 250 units. At the present time, 219 Congregate Housing Units contained within
several apartment style buildings have been constructed, with permission to add up to an
additional 31 units. These 31 additional units would already comply with all density
requirements and could be constructed at an time.
In 2004, in cooperation with Sam Rogers (whose family has owned Edgewood Farm for a long
time) and the Town of North Andover, Edgewood Retirement worked to acquire the remaining
19 acres of Edgewood Farm at a substantial cost. This 3-party cooperation resulted in 10 of the
most critical acres (from a visual and streetscape point of view) being permanently preserved as
open space which includes the 2 large barns closest to Osgood Street.
Even though Edgewood Retirement, without adding any additional land, is able to add 31
additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is
proposing only an additional 27 units (rather than the 31 units which could already be built under
the density standards previously approved).
This current proposal is a way of completing and rounding out the housing diversity in this
CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of
which there are currently 219 constructed. The 27 new units will be "Independent Dwelling
Units", which under North Andover's Zoning By-law must consist only of free-standing
buildings which contain up to 5 dwelling units per structure.
The current proposal to add 27 "cottage"units is the universally preferred method of providing
an appropriate "cap stone"to this remarkable CCRC. In addition, additional CCRC Program
Space will be added, as shown on the Site Plans. A new informal Dining Area (the"Bistro") will
be constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an
addition containing a Cognitive Impaired Unit is being proposed.
Zoning Relief has been requested from the ZBA relating solely to the 100 foot Perimeter Setback
in 2 limited geographical areas abutting permanently restricted open space adjacent to the Town
and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2
permanently restricted open space areas). It is clearly not an attempt to maximize density by
shoe-horning units in locations that are not appropriate. Rather, owing to the shape, size, soil
conditions and topography of the land, combined with a consistent and proven desire to preserve
the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all
114327\7761 I\A0133640.11
led to the current proposal to place a very small number of buildings (6) within the 100 foot
Perimeter Setback (as noted, being in locations directly adjacent to permanently restricted open
space (owned by the Town and by the Trustees of Reservation).
It is critical to note that the 27 Replacement Cottage Units conform in all respects to the
Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is
only from the strict enforcement into 2 small areas that Variances are being sought from the 100
foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing
Continuing Care Retirement Centers (CCRC's).
Discussion
1. Edgewood Retirement Community, Inc. is currently a Continuing Care
Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as
authorized by permits granted by the North Andover Planning Board under Section 13 of the
North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed.
A total of 250 units were originally authorized under the Permits,but the Petitioner has refrained
from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks
to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may
consist only of free standing buildings which contain up to 5 dwelling units per structure.
2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575
Osgood Street (the "Main Parcel"). In 2004, an additional 19+ acres were purchased from
Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19
designated as 549 Osgood Street and otherwise known as Edgewood Farm.
3. The 2004 Parcel was purchased in the name of the Petitioner's wholly owned
subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the
Petitioner will be deeded the 2004 Parcel by its subsidiary, thus unifying ownership in the name
of Petitioner.
4. The underlying Zoning District is the R-2 Zoning District, which requires setback
(sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter
Setback which the currently constructed buildings adhere to. However, in order to accommodate
the various Site Constraints, 6 buildings containing a total of nine (9) units need to be located
within the 100 foot CCRC Perimeter Setback. The basic justification for seeking the Variance
consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended
to provide a proper degree of separation between adjoining landowners and their various uses.
5. In the current circumstances, all of Petitioner's land abuts land that has been
placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such,
there is no legal possibility that structures or any other uses beyond Open Space Uses will ever
be constructed within 100 feet of any of Petitioner's proposed buildings, including without
limitation the 6 Buildings for which this Variance is applied for.
114327\77611\A0133 640.11
2
6. The Site Plans submitted with these Applications for Special Permits show the
current conveyancing lines separating the Main Parcel owned by Petitioner from the 2004 Parcel
(currently standing in the name of Petitioner's Subsidiary). As mentioned above, this internal
dividing line will be rendered immaterial once the Deed into Petitioner is recorded at the
conclusion of the Permitting Process. Any dimensions shown on the Plans indicating setbacks
from the Internal Boundary Line between the Main Parcel and the 2004 Parcel are simply for
reference purposes only.
7. With respect to density, no relief whatsoever is being requested in this
Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units
currently exist, and the Petitioner will be applying to the North Andover Planning Board for 27
additional Independent Dwelling Units, bringing the total onsite to be 246 units.
8. Proposed Use: As noted above, the Petitioner intends to complete the CCRC
which was originally constructed by Petitioner in stages. To the current total of 219 units, the
Petitioner proposes to add an additional 27 units, which at 246 total units will still keep
Petitioner under the 250 unit maximum. In addition, additional CCRC Program Space will be
added, as shown on the Site Plans. A new informal Dining Area (the "Bistro') will be
constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an
addition containing a Cognitive Impaired Unit is being proposed.
9. Consistency with Intent and Purpose of Zoning Bylaw: The central purpose of
Section 13 in allowing CCRC's within the Town of North Andover is to provide diversity of
elderly housing, while preserving large areas of open space. Petitioner's proposed additions,
which will be allowed by the requested Special Permits are in conformity with the intent or
purpose of the North Andover Zoning Bylaw.
10. Conservation Commission: The Petitioner applied for and received its RDA from
the North Andover Conservation Commission, which approval has become final; a Notice of
Intent has been filed and is pending relative to the Site Plans.
Conclusion
For the foregoing reasons, Petitioner respectfully request that the Planning Board grant the
requested Special Permits and Approve the Site Plans filed with these Applications.
Respectfully Submitted,
Edgewood Retirement Community, Inc.
By its Attorneys
Devine Millimet &Branch, P.A.
Robert W. Lavoie, Esq.
300 Brickstone Square
Andover, MA 01810
{14327\77611\A0133640.1}
3
�oprti Zoning Bylaw Review Form
�' •'" Town Of North Andover
3r �� Building Department
f 9
1600 Osgood Street, Building 20, Suite 2-36
;'-•.,.. .�'r� North Andover, MA. 01845
''4++cHust� Phone 978-688-9545 Fax 978-688-9542
Street: 549 8 575 Osgood Street
Ma /Lot: 3613,17,18 819
Applicant: Ed ewood Retirement Community,Inc.
Request: Construct 27 single ',duplex cottages
Date: 4-12-07
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-2
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Com lies 3 Preexisting frontage
4 Insufficient Information 4 insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
-
2 Not Allowed 1 Insufficient Area
3 Use Preexii ting 2 Complies
4 Special Permit Required X 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comps 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient X 3 Preexisting Height
4 Right Side insufficient X 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed J Sign
3 Lot prior to 10124/94 1 Sign not allowed
4 Zone to be Determined 2 Si n Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parkin Required
2 Not in district 2 Parkin Complies
3 Insufficient Information
Remedy for the above is checked below.
Item# Spec al Permits Planning Board Item# Variance
X Site Plan Review Special Permit X Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area.Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance_for Sign
Continuing Care Retirement Special Permit S ecial Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Special Permit Use not Listed but Similar
Permit
Planned Residential Special Permit Special Permit for 2 Unit
R-6 Density Special Permit Special Permit Pre-existing,Non-
Conforming
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the apove file.You mus a new building application form and begin the permitting pr7"/'
_ � _-��
Building Dep—�fficial Signature Appli atio ecerved Appl(catiorf Denied
Denial Sent: If Faxed Phone Number/Date:
c
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit
for the property indicated on the reverse side:
Review Reasons for Denial& Bylaw Reference
Form Item
Reference
B-4 A Special Permit is required from the Planning Board per Section 13.1
Establishment..."The authorization will empower the Planning Board to
review and approve a definitive plan under the Special Permit provisions in
Section 10.3 and as in otherwise provided for in this section."of the Zoning
Bvlaw in order to construct the proposed new units.
C3 &4 Dimensional Variances are required from the Zoning Board in order to
construct the proposed new dwelling units within the 100'setback perimeter
lines per Section 13.5.d.1 Perimeter Setback..:."No building or other structure
shall be located within one hundred(100) feet of perimeter lines of CCRC
arceL" '
Referred To:
Fire I Health
Police X loninq Board of Appeals
Conservation Department of Public Works
X Planninq Historical Commission
Other BUILDING DEPT
ZonlnsBylawDeniaC?000