HomeMy WebLinkAboutApplication - 575 OSGOOD STREET 8/18/2016 Edgewood Retir'eryiei,it CoIR"rui'i'vimity
II II H o i r i e Project
North Andover, Massachusetts
Town of North Andover Zoning Board of Appeals
Application for a Variance
August 18, 2016
Project # 15078-03
Submitted by:
SIVIRT Arclk&ds and Engneers
877.700.7678
Smrtinc.com
ARCHITECTURE ENGINEERING PLANNING INTERIORS ENERGY
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TABLE OFCONTENTS
1 PROJECT DESCRIPTION ........................................................................................2
1.1 Overall Project Description.... ..................................................................... ................. 2
1.2 Petition twthe Zoning Board mfAppeals Requirements............................................ ... 3
1.3 Discussion ofVariance Criteria ...................................................................................... 3
1.3.1 Variance Criteria:..................................................... ........ ......... ......... -- .........................4
1.4 Other Regulatory Requirements................................ ....... .......................................... 5
2 PETITION TOTHE ZONING BOARD OFAPPEALS CONTENTS...................................6
2.1 Plans.............................................................................................................. ................ 6
2.2 Other Documents........................................................................................................ ' 6
Edgekmoocl Ftefirvirnerl't coKnini'm I r1i t,Y-~Small 1,,lai rie Project
Zoning BoaircJl of Appeals ~~ for aVali iance
1 PROJECT DESCRIPTION
1.1 Overall Project Description
Located in Merrimack Valley, Edgewood is a continuing care retirement community offering full
service retirement living, from independent living to in-home lifestyle assistance (assisted living)
to health care and support services, Edgewood's campus is over 100 acres and includes access
towalking trails and amenities for active living.
As we live longer and the population continues to grow,the number of people living into their
eighties and nineties is increasing as well.This trend is expected to continue in the future and
the demand for housing for the aging will match this rise.Studies have shown that people who
are able to remain at home or in a home-like environment usthey age are able to maintain a
more active and healthy lifestyle.The Small Hume concept ofelder care facilities creates a
home-like environment where residents are encouraged to participate in many of the daily
activities as they are able with the support services of staff to assist where needed.
Each small home's scale eliminates the need for elevators or long corridors. Private bedrooms
are located directly off the common living room, creating easy access to all of the home's
amenities. The homes strive to support the specific needs of aging residents with memory loss
by using color and contrast, abundant natural light, and careful attention to straightforward
way-finding. Residents will find common spares to be warm and inviting to maximize
engagement and independence, and private rooms are designed to instill a sense of comfort and
security. Enclosed gardens allow residents to safely enjoy good weather and fresh air attheir
leisure.
The proposed site is atwenty (ZO) acre parcel ofland that borders Town owned Conservation
Restricted land to the north, Lake Cochichewickto the east; Edgevvwod owned Conservation
Restricted land to the south, the existing Edgewowd campus, the Family Cooperative Preschool
and Town owned Conservation Restricted land to west and northwest. There is an existing
easement that straddles the property line between the Edgewood property and the Preschool
property that provides access t* the site. Access tothe she is from a gravel drive and trai|head
that allows parking for approximately three (3) vehicles. The topography slopes significantly
from west to east, dropping almost seventy (70) feet in elevation down twthe lake. Aforma|
geotechnical analysis of the on-site soils was completed by John Turner Consulting. The analysis
has indicated that the primary soil grata consists of Forest Mat (0'-2' below ground surface
(bgs)), two layers of Glacial Till (between 1'-18' b@s), and bedrock was encountered at 18' bgp.
On-site vegetation consists of old growth mixed deciduous hardwood trees and shrubs, with
some trees over eighty (80) feet in height. Numerous pockets of isolated wetlands are located
throughout the site and public walking trails transect the property providing access down to the
lake.There are nuexisting utilities onthe property.
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Property Information:
Property Pond Pasture Lane
Property Owner Pond Pasture LLC
Boston, MA
Zoning Classification Residential 1(R1)
Parcel ID 210/036.0-0002-0000.0
Assessor's Map&Lot Map 36, Lot 2
Number
Land Area in Acres 20.29(883,850 s.f.)
1.2 Petition tothe Zoning Board ofAppeals Requirements
This Petition to the Zoning Board of Appeals (Z8A) is being submitted in accordance with the
Town of North Andover, Massachusetts Zoning Bylaws and the Commonwealth of
Massachusetts General Laws.
The ZBA requires applicants applying for a Variance address the following criteria:
I. That there are circumstances relating tothe soil conditions, shape, or topography which
especially affected the land or structures in question, but which do not affect generally
the zoning district in which the land or structure is located.
Z. That due to those circumstances especially affecting the land or structure, literal
enforcement of the provisions of the zoning by-law would involve substantial hardship,
financial orotherwise tothe petitioner appellant.
3. That desirable relief may be granted without nullifying orsubstantially derogating from
the intent orpurpose ofthe zoning by-|aw.
4. That desirable relief may be granted without substantial detriment to the public good.
1.3 Discussion ofVariance Criteria
The Watershed Protection District is an overlay district superimposed on the Residential 1 (R'1)
Zoning District inwhich the subject property lies. |tincludes land adjacent toLake Cuchichevviok
and land around wetlands and streams in the Lake's watershed. The intended purpose of the
Watershed Protection District is to "preserve the purity of the ground water, the lake and its
tributaries; to maintain the ground eater table, and maintain filtration and purification
functions of the land; while conserving the natural environment; and protecting the public
health, safety and vve|fare."
*The jurisdictional limit of the Watershed Protection District is determined by when the Lot was
created. The petitioner intends to combine the subject parcel with the existing Edgevvood
property if the project receives the necessary approvals. The petitioner is applying the
jurisdictional limits for lots created after 1994 for purposes of this application.
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Zorflr�g Bcmrd &Appeals ~. Appflicafiori foi," aVariarice
The Protection District consists of four distinct zones from the wetland resource areas (Lake
protection is not applicable due to distance ofproject tm Lake edge). The zones include the
General Zone (beyond 4OO'from the resource), Non-Discharge zone (150' 400' from resource),
Non-Disturbance Zone (75'—150'from resource) and Conservation Zone (0'-75'from resource).
The proposed building has been sited suthat itwill not be located within the Non-Disturbance
Zone or the Conservation Zone, but portions of the building will be located within the Non-
Discharge Zone.
mn'DischargeZmne.
A request is being made for one (1) variance tothe Town of North Andover Zoning Bylaws as
part ofthe EdgevvoodSmall House project:
1. Per Section 4.136 Watershed Protection District, Paragraph 3(b)(iii)(1) of the Zoning
Bylaws, construction of a permanent structure within the Watershed Non-Discharge
Buffer Zone is prohibited unless a variance has been granted by the Zoning Board of
Appeals per Section 4.136.3(c)(ii)(3).
1.3.1 Variance Criteria:
1. That there ore circumstances relating tothe soil conditions, shape, mrtopography which
especially affected the land or structures /n question, but which do not affect generally
the zoning district/nwhich the land urstructure islocated.
The site is accessed via an easement that abuts the property line of the existing
Edgevxood facility property. The proposed development by Edgewood will limit the
disturbance for site access, utilities and the land use; and the use will be complimentary
to the adjacent Continuing Care Retirement Center(CCRC).
2. That due to those circumstances especially affecting the land or structure, /dero/
enforcement of the provisions qfthe zoning by-low would involve substantial hardship,
financial o/otherwise tothe petitioner appellant.
Literal enforcement of the by-law drastically /educes the buildability and restricts the
use of the site. Petitioner isseeking avariance toconstruct improvements on less than
four (4) acres of twenty (JO) acre parcel and hes designed the project to not impact
wetland resource areas nnsite.
l That desirable relief may begranted without nu//ify/ngursubstantially derogating from
the intent orpurpose uƒthe zoning by'/om/.
The proposed work will be performed with the sensitivity of the site as the foremost
concern. Extraordinary erosion control measures will be utilized to protect the
resource. In addition, only the west side of the site (furthest from the lake) is proposed
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tobedeveloped. The remainder ofthe site isproposed tobeplaced under apermanent
conservation restriction easement.
4. That desirable relief may be granted without substantial detriment to the public good.
Relief may be granted without the detriment to the public good as the proposed
development will continue to a||ovv for conservation and public use of the site; expand
the healthcare capabilities of the Edgevvood facility; and permanently protect the
shoreline ofthe Lake and associated wetlands onthe site.
1.4 Other Regulatory Requirements
An ANRAD was submitted to the North Andover Conservation Commission on May 26, 2016 and
the Commission issued an Order of Resource Area Delineation on 7/I5/16. A copy of the Order
of Resource Area Delineation is included in this submission. No Notice of Intent will be
submitted at this time as all proposed work is proposed to be outside of Conservation
Commission jurisdictional areas.
The proposed project also requires the following regulatory reviews:
• Planning Board Permits:
o Amended Site Plan Review
o Amended Special Permit—Continuing Care Retirement Center(per Section 13 of
the Bylaws)
o Special Permit—Watershed (per Section 4.136ofthe Bylaws)
• Grading and vegetation removal within the "Non-Disturbance Zone" of
the Watershed Protection District per Section 4.136.3(c)(ii)(1) and
4.136.3(c)(ii)(2).
= Stormxvater discharge within the "Non-Disturbance Zone" of the
Watershed Protection District per Section 4.136.3(c)(ii)(5).
• Stonnvvater discharge within the "Non-Discharge Zone" of the
Watershed Protection District per Section 4.136.3(b)(ii)(1).
• Construction of new permanent structure within the "Non-Discharge
Zone" of the Watershed Protection District per Section 4.136.3(b)(iii).
• Massachusetts Environmental Policy Act(K4EPA) Environmental Notification Form (ENF)
• Massachusetts Endangered Species Act(K4ESA) Permit
* Massachusetts Historical Commission (MHC) Permit
• National Pollutant Discharge Elimination System (NPDES) General Construction Permit
Edgewood Retireirneint SrnAl I-iorrw Project
Zoning Board of AIppeak -,- A .'iphcatioiri� for a Variairice
2 PETITION TO THE ZONING BOARD OF APPEALS CONTENTS
This Petition to the Zoning Board of Appeals includes the following documents:
2.1 Plans
G1001 COVER SHEET
EXISTING CONDITIONS PLAN ASSESSORS MAP 36, LOT 2 by MHF
PROPOSED SITE PLAN
CP101 SITE LAYOUT PLAN
AE200 EXTERIOR ELEVATIONS-OVERALL
2.2 Other Documents
• Petition to the Zoning Board of Appeals Filing Fee-$250.00
• Petition to the Zoning Board of Appeals Form
• Denial Form from Inspector of Buildings
• Figure A—Site Orientation Map
• Certified Abutters List
• Abutter mailing labels, 12 postage stamps, $15.08 fee for certified mailings