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HomeMy WebLinkAboutCorrespondence - 575 OSGOOD STREET 7/5/2007 M-E-M-O-R-A N-D-U-M TO: Attorney Thomas Urbelis FROM: Lincoln Daley, Town Planner DATE: July S, 2007 SUBJECT: Edgewood Retirement Community Dear Tom, Attached is back-up material for our July 10, 2007(3:00 pmj meeting with you, Al Manzi, and myself. With/attachment 't%0RTy h W p r�4A h 1q �RAT[a Fppy.�� �s$ACµtEsti� PLANNING DEPARTMENT Community Development Division MEMORANDUM Agenda Item#3 TO: Planning Board FROM: Lincoln Daley,Town Planner RE: Edgewood Retirement Community—575 Osgood Street. DATE: February 18,2007 Proposal: The applicant, Edgewood Retirement Community, is appearing before the Planning Board to discuss expanding their current facility that will include the construction of 27 cottage units, renovation of three barns, the renovation of wellness center, and the construction of a cognitive impaired unit addition, two-story social day story addition, and dining/bistro expansion. The purpose of this discussion is for the applicants to summarize the proposed expansion and additional residential units and solicit input from the Planning Board. General Comments: 1) Regulatory Requirements: A Technical Review Meeting was held with the applicant to discuss the project and provide input/recommendations. This project will require the applicant to file and appear with all three land use boards. ➢ Site Plan Special Permit—Planning Board. The project falls just outside the Watershed Protection District and would not require a Watershed Special Permit. ➢ Zoning Relief—Zoning Board of Appeals ➢ Construction within 100 feet of a delineated wetland resource area. 2) Permissible Density: ➢ The applicants state that as a result of the proposed additions, the site will exceed the 221 dwelling unit maximum permitted in the 1989 Special Permit. A provision/condition exists within the Special Permit allowing the applicant to construct up to 250 dwelling units upon the payment to the Town, Housing Authority or any public or non-profit agency which is authorized to develop or support affordable housing for the elderly. Section 13.6 of the Zoning Bylaw states that the rate of contribution shall be two(2)dollars per square foot of gross floor area of all buildings and structures exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced section of the Bylaw. ➢ Maximum 250 Dwelling Units—Section 13.5(b)states that in no instance shall the total number of dwelling units exceed 250 for any parcel regardless of total acreage or density bonuses provided under paragraph 6. The Assessing records show a total number of 224 dwelling units exist within the current buildings. The Planning Board should ask for a breakdown of all of the dwelling units which includes current and proposed. Regardless of the total number,the applicant will contend that the 250 unit limitation pertains to the main structures and not the additional land purchased for the construction of the 12 cottages. The 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com Planning Board will need to provide an interpretation on this requirement as it pertains to the original decisions. ➢ Independent Dwelling Units —the applicant proposes to construct a total of 27 Cottages. Section 13.5(b) states that in no event shall the total number of independent dwelling units exceed fifteen(15)percent of the- total number of dwelling units otherwise allowed in any CCRC parcel. The total number of independent dwelling units will not exceed the 15%maximum. 3) Zoning Relief: ➢ 100 foot setback requirement—2 of the 8 proposed cottages located on the southern corner and 1 of the 11 cottages located on the northern corner of the property fall within the 100 foot perimeter setback requirement in Section 13.5(d)(1). This project will require relief from the Zoning Board of Appeals to construct within this perimeter. 4) Utilities — The current facility is connected to Town services. It is.assumed that the 27 cottages will also be connected to Town Services. 5) Drainage and Stormwater Management—Although the project is still in the preliminary phase, Town Staff has encouraged the use to Low Impact Development methods and designs to handle stormwater runoff. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com COVENANTS WHEREAS, EDGEWOOD LIFE CARE, INC. (Edgewood) has entered into an agreement with SAMUEL STEVENS ROGERS (Rogers) for the purchase from Rogers of a 62-acre parcel of land off Osgood and Stevens Street, North Andover, Massachusetts; WHEREAS, the purpose of the prospective purchase is to allow the development of a Continuing Care Retirement Center (CCRC) on the site if approved by the Annual Town Meeting of the Town of North Andover which commences on May 2, 1988 ; WHEREAS, in order to develop a CCRC on the site, final approval after Town Meeting will be required by the Town Planning Board and other municipal agencies; WHEREAS, Edgewood .and Rogers are willing to impose certain covenants on the site which will run with the land; NOW, THEREFORE, Edgewood and Rogers covenant and agree to the following: 1. Edgewood and Rogers submit to the jurisdiction of the Town and the Planning Board in the acceptance by the Town and the Planning Board of the covenants contained herein. The Planning Board shall have the authority to implement, monitor and enforce the covenants contained herein, as part of the definitive plan review, site plan review and the Special • Permit by the .Planning Board in Article 27 in the Town Warrant. 2. Edgewood and Rogers agree that the Planning Board shall act as the agency of the Town in the acceptance and enforcement of the covenants contained herein. 3. Edgewood and Rogers agree that the Planning Board has the power to exercise its discretion with respect to the covenants contained herein and is empowered to vary the covenants in any contingency not now existing or any contingency which cannot be now foreseen. 4. Edgewood agrees that there will be no construction in the Lake Cochichewick Watershed, as it has been presently constituted and defined by the Town. The actual Watershed line shall be determined by a survey conducted by a registered professional engineer. 5 . The permanent conservation easement, as required by the provisions of Article 27 and as applied to the Edgewood project, shall include all common open space and not merely the portion of the property in the Watershed. The -conservation easement shall permit the use of the open space by residents and guests of the facility for walking, exercising and other such activities.